87352 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 

The draft EIS will include as an 

appendix, a summary of issues raised 

during public scoping that DOE 

considered in preparing the EIS and 

comments outside the scope of the 

analysis. 

Signing Authority 

This document of the Department of 

Energy was signed on October 24, 2024, 

by Kelly Cummins, Acting Director, 

Office of Clean Energy Demonstrations, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on October 29, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2024–25499 Filed 10–31–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Record of Decision: Issuance of a 

Loan to Lithium Nevada Corp. for the 

Construction and Startup of the 

Thacker Pass Project 

AGENCY: Loan Programs Office (LPO), 

U.S. Department of Energy. 

ACTION: Record of decision (ROD). 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) 

announces its decision to issue a loan 

under the Energy Independence and 

Security Act of 2007, which established 

the Advanced Technology Vehicles 

Manufacturing Loan (ATVM) program, 

to Lithium Nevada Corp. (LNC), for the 

Thacker Pass Project (Project) located in 

Humboldt County, Nevada. The LPO 

loan covers Phase 1 of the Project, 

which entails the construction of 

lithium processing to include a sulfuric 

acid plant, lithium processing facility, 

and associated infrastructure. The 

Project is designed to produce batterygrade lithium carbonate, a critical 

component in the manufacturing of 

manufacture of eligible advanced 

technology vehicles and qualifying 

components. 

ADDRESSES: Copies of this ROD and the 

Final EIS may be obtained by accessing 

these documents and additional 

information about DOE’s Loan Programs 

website at www.energy.gov/lpo/eis0561-thacker-pass-lithium-mine-projecthumboldt-county-nevada, or LPO’s 

NEPA Program website at 

www.energy.gov/lpo/environmentalcompliance-1. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Anna Eskridge, NEPA Document 

Manager, Technical and Environmental 

Division, Loan Programs Office (LP–30), 

U.S. Department of Energy, 1000 

Independence Avenue SW, Washington, 

DC 20585; telephone (240) 743–1304; 

email anna.eskridge@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

environmental impacts of the 

construction, operation, and 

decommissioning of this project were 

analyzed pursuant to the National 

Environmental Policy Act (NEPA) in the 

DOE/EIS–0561: Final Environmental 

Impact Statement for the Thacker Pass 

Lithium Mine Project, Humboldt 

County, Nevada (Adopted) (88 FR 

67277, September 29, 2023). 

DOE LPO’s review and adoption of 

the BLM NEPA documents covers only 

Phase 1 of the project to include the ore 

and chemical processing facilities and 

associated infrastructure, and not the 

development and operation of the open 

pit mine or exploration. 

NEPA Review: Prior to DOE LPO 

consideration of a loan for the Project, 

LNC submitted the Plan of Operations 

for the Thacker North-South Exploration 

Project (case file NVN–098582) and the 

Thacker Pass Project Plan of Operations 

and Reclamation Plan (case file NVN– 

098586) to the U.S. Department of the 

Interior (DOI), Bureau of Land 

Management (BLM) Winnemucca 

District Office in September 2019. The 

North-South Exploration Plan of 

Operations would continue exploration 

to the north and south of the mine and 

processing facilities proposed in the 

Thacker Pass Project Plan of Operations. 

The Thacker Pass Mine Plan of 

Operations, herein referred to as the 

Mine Plan, would include the proposed 

mine, necessary processing and 

ancillary support facilities, and a plan 

for reclamation and closure of the mine 

and mine facilities. These Plans 

constituted the Thacker Pass Project 

analyzed in the FEIS. The Project is 

entirely on public land administered by 

the BLM in Humboldt County, Nevada, 

approximately 17 miles west-northwest 

of Orovada. Both Plans include 

corrections from December 2020 

identified by BLM and Nevada Division 

of Environmental Protection (NDEP), 

and mitigating measures refined during 

the development of the EIS. 

In compliance with NEPA, BLM 

issued the Draft EIS on July 31, 2020, 

which was followed by the Final EIS on 

December 4, 2020. On January 15, 2021, 

BLM issued a Record of Decision (ROD) 

for the Project that approved the plan of 

operations. The ROD identified 

Alternative A as the preferred 

alternative. 

DOE was not a cooperating agency in 

the development of the EIS but became 

a cooperating agency for the project on 

August 15, 2023. Based on its 

independent evaluation of the 2020 

BLM Final EIS, DOE has determined 

that the documentation satisfies DOE’s 

NEPA obligations. DOE’s proposed 

action is to provide funding to be used 

to support the construction and start-up 

of the mine processing facilities and 

associated infrastructure, which are the 

same proposed project facilities 

analyzed in the BLM Final EIS. 

Accordingly, DOE adopted the 2020 

BLM Final EIS as a DOE Final EIS 

(DOE/EIS–0561) on September 29, 2023. 

There have been several updates to 

the Project since DOE’s adoption of the 

EIS in September 2023: 

• In December 2023, LNC submitted 

minor revisions on the approved Mine 

Plan to BLM. On June 25, 2024, BLM 

authorized a minor modification to 

Phase 1 of the Mine Plan, which 

included proposed project facility 

locations, configuration of some 

facilities, and improvement to 

processing operations. 

• As an update to the discussions on 

the transloading facility in Sections 

2.2.7 (Ancillary and Support Facilities) 

and 4.16.1 (Issues—Public Access and 

Transportation) of DOE/EIS–0561, a railto-truck transloading facility is under 

development by a third party in 

Winnemucca to deliver raw materials to 

the site. Trucking distances are 

approximately 45 miles from 

Winnemucca to Orovada on US 

Highway 95, and about 20 miles from 

Orovada to the site. The facility is not 

funded by the DOE financing and not 

located at the site of the Thacker Pass 

mine and processing facilities. 

• DOE’s review identified additional 

cumulative impacts, which are effects 

on the environment that result from the 

incremental effects of the action when 

added to the effects of other past, 

present, and reasonably foreseeable 

actions regardless of what agency 

(Federal or non-Federal) or person 

undertakes such other actions (40 CFR 

1508.1(i)(3)). The review identified the 

following present and reasonably 

foreseeable future actions related to the 

Project: 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 87353 

Æ Workforce Housing Hub: A 

workforce housing hub will be 

developed in Winnemucca on a 45-acre 

site to house up to 1,900 workers in 750 

housing units. The hub is needed due to 

the limited rental housing and hotels 

available in the Winnemucca area. The 

hub is not funded by the DOE financing 

and not located at the site of the 

Thacker Pass mine and processing 

facilities. For cumulative effect study 

areas that the hub occurs within, the 

cumulative effects are not materially 

different from those analyzed by the 

BLM in chapter 5.11 (Social and 

Economic Conditions) of DOE/EIS– 

0561. 

Æ Greenhouse Gas (GHG) Emissions 

and Climate Change: Section 5.9 (Air 

Quality and Greenhouse Gas Emissions) 

and Appendix K of DOE/EIS–0561 

discuss the Project’s GHG emissions to 

include process sources and mobile 

mining equipment. However, the Project 

will also contribute to reductions in 

GHG emissions through annual fuel 

consumption savings. The magnitude of 

potential annual reductions in gallons of 

petroleum will depend on the number 

of EVs that can utilize the lithium 

carbonate produced by the Project. 

Lithium carbonate from Thacker Pass 

could support the production of 

batteries for up to 800,000 electric 

vehicles (EVs) annually, avoiding the 

consumption of 317 million gallons of 

gasoline per year. The annual avoided 

CO2 is calculated from the Project’s 

annual fuel consumption savings (317 

million gallons) multiplied by the U.S. 

Energy Information Administration CO2

emission coefficient of 19.37 pounds of 

CO2/gallon for gasoline (www.eia.gov/ 

environment/emissions/co2_vol_

mass.php). Therefore, the Lithium 

carbonate produced by the Project and 

used in EVs would support a reduction 

of approximately 3.07 million tons of 

CO2 per year. 

Alternatives Considered: DOE’s 

decision in this ROD is whether or not 

to issue a loan to LNC to support 

construction and start-up of the Project. 

Accordingly, DOE’s alternatives are: (1) 

to issue a loan to LNC for the Proposed 

Action as authorized by BLM (Proposed 

Action), or (2) not issue a loan to LNC 

(No Action Alternative). 

Environmentally Preferable 

Alternative: DOE reviewed both 

alternatives to identify the 

environmentally preferable alternative 

and considers the issuance of a loan to 

LNC for the Proposed Action as the 

environmentally preferable alternative. 

This alternative offers environmental 

benefits consistent with the statutory 

objectives of Section 136 of the Energy 

Independence and Security Act of 2007, 

which includes improving fuel economy 

for light-duty vehicles and thereby 

reducing emissions of ozone precursors, 

greenhouse gases (GHGs), and 

particulates associated with vehicle fuel 

combustion. As previously stated, the 

Lithium carbonate produced by the 

Project and used in EVs would support 

a reduction of approximately 3.07 

million tons of CO2 per year. 

Wetland Statement of Findings: The 

adopted Final EIS (DOE/EIS–0561) 

provides the relevant information for a 

wetland assessment pursuant to 10 CFR 

part 1022. In the aquatic resources 

delineation for the Proposed Action as 

outlined in the BLM EIS, there were 

approximately 28.081 acres of wetlands 

and 128,411-linear feet of stream 

channel present within the survey area; 

however, aquatic resources in the 

Survey area did not meet the criteria of 

jurisdictional Waters of the United 

States. This was confirmed by the U.S. 

Army Corps of Engineers (USACE), 

which issued an Approved 

Jurisdictional Determination (AJD) on 

February 8, 2019, providing that no 

aquatic resources within the Survey area 

are regulated by the USACE 

(Identification Number SPK–2011– 

01263). However, there are nonjurisdictional riparian areas as well as 

wetlands at the Project site and those 

impacts and the wetland assessment on 

those resources are discussed in 

sections 4.4 and 5.4 in the Final DOE/ 

EIS–0561. 

Consultations: DOE was not a 

cooperating agency with BLM during its 

NEPA process; therefore, DOE 

completed its own environmental 

compliance reviews and consultations. 

Specifically, DOE consulted with the 

U.S. Fish and Wildlife Service 

(USFWS), the Nevada State Historic 

Preservation Office (NV SHPO), and 

Tribes (collectively known as Tribes or 

individually by name: Burns Paiute 

Tribe; Confederated Tribes of the Warm 

Springs Reservation of Oregon; Fort 

McDermitt Paiute and Shoshone Tribe; 

Paiute-Shoshone Tribe of the Fallon 

Reservation and Colony, Nevada; 

Pyramid Lake Paiute Tribe of the 

Pyramid Lake Reservation, Nevada; 

Reno-Sparks Indian Colony, Nevada; 

Shoshone-Bannock Tribes of the Fort 

Hall Reservation; Summit Lake Paiute 

Tribe; Te-Moak Tribe of Western 

Shoshone Indians of Nevada [Four 

constituent bands: Battle Mountain 

Band; Elko Band; South Fork Band and 

Wells Band]; Walker River Paiute Tribe 

of the Walker River Reservation, 

Nevada; Winnemucca Indian Colony; 

Yerington Paiute Tribe of the Yerington 

Colony and Campbell Ranch, Nevada). 

Additionally, the DOE reviewed the 

BLM’s Final EIS and supporting 

documentation and related surveys, 

studies, and consultations. 

DOE consulted with USFWS to meet 

its obligations under section 7 of the 

Endangered Species Act. By letter dated 

May 1, 2024, the USFWS concurred 

with DOE’s determination that the 

proposed action may affect, but is not 

likely to adversely affect, Lahontan 

Cutthroat Trout. 

DOE consulted with the NV SHPO 

and Tribes to meet its obligations under 

section 106 of the National Historic 

Preservation Act. DOE completed an 

assessment of adverse effects in 

accordance with 36 CFR 800.5 with the 

following determination: 

• BLM and the NV SHPO executed a 

Memorandum of Agreement (MOA) that 

took into account and resolved the 

adverse effects to 57 Historic Properties 

within the APE in November 2020, 

before DOE was involved in the Project. 

Pursuant to section 106 of the NHPA 

and 36 CFR 800.5(b), DOE has 

determined that its undertaking would 

not result in an adverse effect on the 57 

historic properties within the APE that 

was not already resolved or accounted 

for in the MOA or the associated 

Historic Properties Treatment Plan. 

• Going forward, DOE recognizes that 

BLM is the lead federal agency 

responsible for the post-review 

discovery process for the two 

unevaluated and potentially eligible 

properties pursuant to 36 CFR 800.13, 

and DOE will continue to support 

BLM’s efforts as lead agency in its active 

engagement in the ongoing post-review 

discovery process. 

• In addition, DOE recognizes that 

BLM is the lead federal agency 

responsible for the post-review 

discovery process for any additional 

future resources identified as addressed 

in the MOA and HPTP, and DOE will 

continue to support BLM’s efforts as 

lead agency in its post-review discovery 

process. 

More information on Section 106 can 

be found here: www.energy.gov/lpo/eis0561-thacker-pass-lithium-mine-projecthumboldt-county-nevada. 

Final DOE/EIS–0561 Review Period: 

The Notice of Availability of the Final 

DOE/EIS–0561 and the Adoption Notice 

were published in the Federal Register 

on September 29, 2023. 

DOE received submittals containing 

views and information both during and 

after the review period. In total, DOE 

received 11 submittals from parties 

opposed to the project containing views 

and information. DOE reviewed all the 

views and information for any 

significant new circumstances or 

information relevant to environmental 


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87354 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 

concerns and bearing on the proposed 

action or its impacts. DOE’s review 

focused on whether the views and 

information identified that the Project 

would affect the quality of the human 

environment in a significant manner or 

to a significant extent not already 

considered in the Final DOE/EIS–0561 

and related environmental review 

processes. As discussed, the views and 

information did not identify new 

information that showed the Project 

would affect the quality of the human 

environment in a significant manner or 

to a significant extent not already 

encompassed by the analysis considered 

in the Final DOE/EIS–0561 or in the 

preparation of this Record of Decision. 

DOE grouped the views and 

information received into the following 

10 categories: (1) NEPA process (DOE’s 

Record of Decision); (2) DOE’s due 

diligence process for the loan (financial 

and technical viability of the project); 

(3) socioeconomics (viability of lithium 

batteries; lithium and sulfuric acid 

pricing); (4) safety (radioactive 

materials); (5) historic, cultural, and 

Tribal resources (Section 106, historic 

properties; Tribal input on federal 

agency decision making); (6) Electricity 

Use and GHG Emissions; (7) water 

resources (mining and the water table; 

impacts to springs, groundwater; data 

assumptions and groundwater models); 

(8) data gathering and monitoring 

(private land access; monitoring and 

work plans; work outside mine plan 

boundary) (9) air emissions, (10) 

chemical and waste management 

(sulfuric acid; clay tailings). With the 

exception of views and information on 

DOE’s NEPA process, due diligence 

process, and socioeconomics, the views 

and information are addressed in the 

Final DOE/EIS–0561, specifically in 

appendix R (Comment Responses) and 

in consultations for the project 

(specifically, section 106). 

The views and information received 

on DOE’s NEPA process, DOE’s due 

diligence process for the loan, and the 

socioeconomics (viability of lithium 

batteries; lithium and sulfuric acid 

pricing) were not addressed in the Final 

DOE/EIS–0561. DOE performs rigorous 

due diligence related to all aspects of a 

potential loan transaction under the 

ATVM Program. The ATVM Program is 

administered by the DOE LPO. LPO 

originates, underwrites, and services 

loans to eligible automotive 

manufacturers and components 

manufacturers. LPO has reviewed and 

determined that LNC’s application is 

eligible for a potential loan (10 CFR 

611.100, 611.101, and 611.102). The 

purpose and need for DOE’s proposed 

action, the issuance of a Federal loan, is 

to implement DOE’s authority under 

section 136 of the Energy Independence 

and Security Act of 2007, which is to 

finance projects that reequip, expand, or 

establish manufacturing facilities in the 

United States to produce qualified 

advanced technology vehicles or 

qualifying components, and also for 

engineering integration costs associated 

with such projects. (42 U.S.C. 17013, as 

amended). Before LPO issues the 

Federal loan, the due diligence process 

includes an analysis on technical, 

financial, and environmental aspects of 

the project to include completion of 

DOE’s NEPA process (BLM EIS 

adoption, consultations, and Record of 

Decision), the financial and technical 

viability of the project, and the 

socioeconomics (viability of lithium 

batteries; lithium and sulfuric acid 

pricing) involved. The company must 

satisfy certain technical, legal, 

environmental, and financial conditions 

before the Department funds the loan. 

DOE thoroughly reviewed and 

considered all the views and 

information received during and after 

the review period and has concluded 

that none of the comments provide new 

information or identify new 

circumstances that warrant preparation 

of a supplemental EIS. This conclusion 

is based on the following: (1) the 

majority of the views and information 

were addressed in the Final DOE/EIS– 

0561, specifically in Appendix R; (2) the 

additional review conducted by BLM in 

the June 25, 2024, approval letter for 

minor modification to Phase 1 of the 

Mine Plan; (3) review of required 

permits, approvals, and works plans for 

the project and any associated updates 

to those permits, approvals, and work 

plans; (4) the consultations, 

determinations, and coordination 

completed by DOE; and (5) the 

additional analysis described above that 

were considered in the preparation of 

this ROD. 

Decision: DOE has decided to issue a 

loan to LNC, for construction and startup of lithium processing to include a 

sulfuric acid plant, lithium processing 

facility, and supporting infrastructure 

and facilities in Humboldt County, 

Nevada. Approval of the loan for the 

Thacker Pass Project responds to the 

DOE purpose and need pursuant to 

section 136 of the Energy Independence 

and Security Act of 2007, which is to 

finance projects that reequip, expand, or 

establish manufacturing facilities in the 

United States to produce qualified 

advanced technology vehicles or 

qualifying components, and also for 

engineering integration costs associated 

with such projects. (42 U.S.C. 17013, as 

amended). DOE’s Proposed Action 

evaluated in this ROD supports the 

Phase 1 activities at Thacker Pass 

analyzed within the Final DOE/EIS– 

0561. 

Mitigation: All DOE loan agreements 

require that the borrower comply with 

all applicable environmental laws and 

related requirements, as well as required 

approvals and permits. To ensure that 

the recipient complies with the 

requirements of the loan agreement, the 

Loan Programs Office proactively 

monitors and administers all operative 

loan transactions. The loan agreement 

includes a condition requiring that LNC 

must notify DOE if formal or informal 

environmental notices, orders, 

decisions, directives, or determinations 

submitted by any Governmental 

Authority or if there are any changes to 

Required Approvals. These mitigation 

measures are practicable means to avoid 

or minimize environmental harm. A 

recipient’s failure to comply with 

applicable laws, authorizations, and 

approvals may constitute a default, 

upon which DOE would have the right 

under the loan agreement to exercise 

usual and customary remedies. 

Signing Authority 

This document of the Department of 

Energy was signed on October 28, 2024, 

by Jigar Shah, Director, Loan Programs 

Office, pursuant to delegated authority 

from the Secretary of Energy. That 

document with the original signature 

and date is maintained by DOE. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on October 29, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2024–25481 Filed 10–31–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Emergency Information 

Collection 

AGENCY: Grid Deployment Office, 

Department of Energy. 

ACTION: Notice and request for 

comments. 


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