Notice of Availability of Interim Guidance on Packaging, Transportation, Receipt, Management, Short-Term and Long-Term Storage of Elemental Mercury and Request for Comment, 27495-27498 [2023-09301]
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
if the Secretary has established
performance measurement
requirements, whether the grantee has
made substantial progress in achieving
the performance targets in the grantee’s
approved application.
In making a continuation award, the
Secretary also considers whether the
grantee is operating in compliance with
the assurances in its approved
application, including those applicable
to Federal civil rights laws that prohibit
discrimination in programs or activities
receiving Federal financial assistance
from the Department (34 CFR 100.4,
104.5, 106.4, 108.8, and 110.23).
VII. Other Information
ddrumheller on DSK120RN23PROD with NOTICES1
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
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the document published in the Federal
Register. You may access the official
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James F. Lane,
Senior Advisor, Office of the Secretary,
Delegated the Authority to Perform the
Functions and Duties of the Assistant
Secretary, Office of Elementary and
Secondary Education.
[FR Doc. 2023–09200 Filed 5–1–23; 8:45 am]
BILLING CODE 4000–01–P
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DEPARTMENT OF EDUCATION
[Docket No.: ED–2023–SCC–0033]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Formula Grant EASIE Electronic
Application System for Indian
Education
Office of Elementary and
Secondary Education (OESE),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA) of
1995, the Department is proposing a
revision of a currently approved
information collection request (ICR).
DATES: Interested persons are invited to
submit comments on or before June 1,
2023.
ADDRESSES: Written comments and
recommendations for proposed
information collection requests should
be submitted within 30 days of
publication of this notice. Click on this
link www.reginfo.gov/public/do/
PRAMain to access the site. Find this
information collection request (ICR) by
selecting ‘‘Department of Education’’
under ‘‘Currently Under Review,’’ then
check the ‘‘Only Show ICR for Public
Comment’’ checkbox. Reginfo.gov
provides two links to view documents
related to this information collection
request. Information collection forms
and instructions may be found by
clicking on the ‘‘View Information
Collection (IC) List’’ link. Supporting
statements and other supporting
documentation may be found by
clicking on the ‘‘View Supporting
Statement and Other Documents’’ link.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Crystal Moore,
(202) 453–5593.
SUPPLEMENTARY INFORMATION: The
Department is especially interested in
public comment addressing the
following issues: (1) is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
SUMMARY:
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Title of Collection: Formula Grant
EASIE Electronic Application System
for Indian Education.
OMB Control Number: 1810–0021.
Type of Review: Revision of a
currently approved ICR.
Respondents/Affected Public: State,
Local, and Tribal Governments.
Total Estimated Number of Annual
Responses: 11,300.
Total Estimated Number of Annual
Burden Hours: 6,725.
Abstract: This is a revision request for
the Indian Parent Committee Approval
form that is a part of the OMB approved
1810–0021 collection. The Indian
Education Formula Grant (ALN
84.060A) program provides grants to
local education agencies (LEAs), Indian
Tribe(s), Indian organizations (IOs) or
Indian community-based organizations
(ICBOs) who create programs to meet
the unique cultural, language, and
educational needs of American Indian
and Alaska Native students to ensure
that all students meet the challenging
State academic standards. The programs
must be used to carry out a
comprehensive program for Indian
students and must supplement the
regular school program.
The Indian Education Formula Grant
requires the annual submission of the
Electronic Application System for
Indian Education (Formula Grant
EASIE) through an electronic portal
housed on Federally managed and
secured servers (computers). The system
is web-based and includes the entire
applicant submission process. The
Office of Indian Education (OIE) is
submitting this request to update the
Indian Parent Committee Approval form
to include the submission of meeting
minutes.
Dated: April 27, 2023.
Kun Mullan,
PRA Coordinator, Strategic Collections and
Clearance, Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2023–09232 Filed 5–1–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Notice of Availability of Interim
Guidance on Packaging,
Transportation, Receipt, Management,
Short-Term and Long-Term Storage of
Elemental Mercury and Request for
Comment
Office of Environmental
Management, U.S. Department of
Energy.
AGENCY:
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
Notice of availability; request
for comments.
ACTION:
The U.S. Department of
Energy (DOE) provides this Notice of
Availability and Request for Comment
on a revision to DOE’s 2009 U.S.
Department of Energy Interim Guidance
on Packaging, Receipt, Management,
and Long-Term Storage of Elemental
Mercury (2009 Long-Term Storage
Guidance) and Guidance for Short-Term
Storage of Elemental Mercury by Ore
Processors (May 2019) (2019 Short-Term
Storage Guidance). DOE specifically
seeks input from potentially affected
States, pursuant to the Mercury Export
Ban Act, as amended, and also invites
the public, stakeholders, and other
States to provide comments on this draft
guidance document.
DATES: The 30-day public comment
period begins on the date of publication
of this Notice and ends on June 1, 2023.
Comments may be received through one
of the methods described in section C in
SUPPLEMENTARY INFORMATION section.
ADDRESSES: Please direct written
comments via one of the following
methods:
Email: Send comments to
Addemailaddress@em.doe.gov . Please
submit comments in MicrosoftTM
Word, or PDF file format, and avoid the
use of encryption.
U.S. Mail: Send comments to the
following address: David Haught, U.S.
Department of Energy, Office of
Environmental Management, Office of
Waste Disposal (EM–4.22), 1000
Independence Avenue SW, Washington,
DC 20585.
FOR FURTHER INFORMATION CONTACT:
David Haught at Addemailaddress@
em.doe.gov or at U.S. Department of
Energy, Office of Environmental
Management, Office of Waste Disposal
(EM–4.22), 1000 Independence Avenue
SW, Washington, DC 20585. Telephone:
(202) 586–5000.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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A. Background
The Mercury Export Ban Act of 2008
(Pub. L. 110–414) (MEBA of 2008) as
amended by the Frank R. Lautenberg
Chemical Safety for the 21st Century
Act (Pub. L. 114–182) (Chemical Safety
Act of 2016), established requirements
pertaining to elemental mercury and
certain mercury compounds. Those
requirements are located in the Toxic
Substances Control Act (TSCA) (Pub. L.
94–469) and the Solid Waste Disposal
Act of 1965 (Pub. L. 89–272), as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA) (Pub.
L. 94–580), and subsequent
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amendments. Among other things,
MEBA of 2008, and the Chemical Safety
Act of 2016, collectively referred to
herein as MEBA, amended TSCA and
RCRA to ban the export of elemental
mercury and certain mercury
compounds, as well to provide for longterm and interim (i.e., short-term)
management and storage of elemental
mercury. Specifically, MEBA of 2008
required DOE to designate a facility or
facilities for the long-term management
and storage of elemental mercury
(referred to herein as the Long-Term
Elemental Mercury Storage Facility
(LTEMSF)) and to issue guidance on
recommended standards and procedures
for receipt, management, and long-term
storage of elemental mercury. 42 U.S.C.
6939(a)(1), (d)(1). The Chemical Safety
Act of 2016 provided for interim onsite
storage of elemental mercury for certain
generators, while awaiting availability
of the DOE-designated LTEMSF. 42
U.S.C. 6939f(g)(2)(D). It further required
DOE to issue guidance on recommended
standards and procedures for
management and short-term onsite
storage. 42 U.S.C. 6939f(g)(2)(E). DOE,
after consultation with the U.S.
Environmental Protection Agency (EPA)
and appropriate State agencies in
potentially affected States, issued the
2009 Long-Term Storage Guidance to
establish standards and procedures for
packaging, transportation, receipt,
management, and long-term storage of
elemental mercury at a DOE-designated
facility or facilities, as mandated by
MEBA of 2008. Subsequently, the
Chemical Safety Act of 2016 amended
MEBA of 2008 and provided for onsite
interim storage of elemental mercury
that is generated as a result of ore
processing and/or related pollution
control activities and is destined for
DOE’s LTEMSF. It required DOE to
issue additional guidance for short-term
management and storage of elemental
mercury by the covered generators.
Accordingly, DOE issued the 2019
Short-Term Storage Guidance to address
this requirement. Both guidance
documents were based on certain
planning assumptions specific to those
timeframes.
B. Revised Guidance Document
Neither MEBA of 2008 nor the
Chemical Safety Act of 2016 mandate
revisions to either the 2009 Long-Term
Storage Guidance or 2019 Short-Term
Storage Guidance documents; however,
since their initial issuance, some key
underlying assumptions have changed
and this revision, which addresses both
long-term and short-term storage,
reflects those changes, as discussed
below. Once finalized and issued, this
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guidance document will supersede the
previously issued 2009 Long-Term
Storage Guidance and 2019 Short-Term
Storage Guidance. At that time, the
previously issued guidance documents
will be rescinded. This draft guidance
document was developed by DOE after
consultation with the EPA, as well as
the U.S. Department of Transportation
(DOT). Additionally, DOE is specifically
seeking input from potentially affected
States and will further consult with
them, as necessary.
1. Omission of Example Procedures:
DOE has determined that it is not
appropriate to include example
procedures in this guidance document,
but rather to defer to the LTEMSF
Operator(s) implementation of its RCRA
permit and approved procedures, in
conjunction with oversight from their
regulator(s). The 2009 Long-Term
Storage Guidance included standards
and example procedures for receipt,
management, and long-term storage of
elemental mercury. These procedures,
as presented in the various sections of
that document, provided annotated
outlines or templates of what was
envisioned to be included in the
LTEMSF procedures for all aspects of
operation. In general, these templates
described suggested processes used to
meet the expectations of the applicable
standards. However, the Operator(s) of
the DOE-designated LTEMSF, whether a
commercial or federal government
RCRA-permitted treatment, storage and
disposal facility (TSDF), will likely
leverage existing hazardous waste
procedures, as well as develop new
procedures as required for critical
operations specific to management of
elemental mercury. These procedures
must ensure compliance with the
applicable federal regulations, as well as
state and local regulations. New and/or
revised procedures are expected to
require review and approval by the
regulator(s).
2. Waste Container Contents: The
2009 Long-Term Storage Guidance
contained a key assumption that the
elemental mercury accepted for storage
in the DOE-designated LTEMSF would
be at least 99.5 percent by volume
(vol%) elemental mercury. DOE does
not carry this assumption forward in the
revision. Instead, DOE assumes the
generators will comply with applicable
RCRA hazardous waste treatment and
packaging requirements for highly
concentrated elemental mercury, prior
to receipt at the DOE LTEMSF. DOE’s
interpretation of the term ‘‘elemental
mercury’’ used in MEBA, see, e.g., 42
U.S.C. 6939f(a), is that only elemental
mercury that was generated in the U.S.
and that meets one (or more) of the
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following criteria is acceptable for
storage in its LTEMSF: (1) U151 coded
waste, (2) D009 coded waste generated
as a result of Retorting of Mercury
(RMERC) treatment technology, and/or
(3) mercury that was previously treated
to 99.5 vol% elemental mercury.1
Based on the expected elemental
mercury generator sources and the
related factors discussed below, this
revised guidance does not assume any
DOE-specified minimum purity for
elemental mercury accepted for
management and storage at the DOEdesignated LTEMSF. Rather, it focuses
on applicable RCRA and DOT
regulations related to compatibility of
the waste with the containers.
3. Generators: In general, elemental
mercury generators can be grouped into
three primary categories: (1) ore
processors, (2) commercial recyclers,
and (3) chlor-alkali plants. Generation of
mercury by ore processors typically
occurs due to retorting as part of their
required pollution control activities and
represents the majority of the potential
projected receipts at a DOE-designated
LTEMSF. Similarly, commercial
recyclers use retorting to separate
elemental mercury from certain waste
media, as well as collect commercial/
technical-grade elemental mercury from
discarded components. Finally, the
chlor-alkali plants generate elemental
mercury during decommissioning of
electrolytic cells that use commercial/
technical-grade elemental mercury in
the process. All of these generation
sources are expected to produce
relatively pure elemental mercury waste
streams; however, each must be
evaluated on a case-by-case basis by the
LTEMSF Operator(s), in consultation
with appropriate regulators, to
determine they meet one of the three
criteria set forth above for acceptability.
4. Containers and Compatibility: The
principal objective regarding the
containers accepted for storage in the
DOE-designated LTEMSF is that they
are lined with, or made of, materials
that will not react with and are
compatible with the hazardous waste to
be stored and do not pose a risk of
accelerated corrosion and container
failure over time (40 CFR 264/265.172).
Currently, there are two primary
containers of interest, which are in
common commercial use for packaging,
transportation, and storage of elemental
mercury, that meet the applicable DOT
regulations in 49 CFR 173. These
1 Elemental mercury that has previously been
treated to 99.5 vol% elemental mercury will be
accepted at the DOE facility. This is included to
capture treatment that some generators have already
undertaken in order to meet DOE’s original 99.5
vol% criteria.
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include a three-liter (3–L) flask, with a
35-kg capacity, and a one metric ton (1–
MT) container. Both are constructed of
mild steel and are unlined such that the
contents are in direct contact with the
container inside surfaces. Due to their
prevalent use, these are the assumed
predominant containers to be received
at the DOE-designated LTEMSF.
Given the uncertain duration for
elemental mercury storage, the
requirement for compatible materials is
particularly relevant and important to
safe management of the inventory. The
primary contaminants of concern are
those that can exist as secondary phases
floating on top of the elemental mercury
(i.e., as opposed to the trace amounts of
very small particles of metals or
amalgams that may be suspended in the
elemental mercury). These could be
solid phases of mercury salts, such as
calomel (mercury chloride) and
cinnabar (mercury sulfide), or aqueous
phases of water, acid solutions, and
chloride salt solutions. Any of these
secondary phases of contaminants could
eventually lead to failure of unlined
containers made of mild steel. DOE will
only accept elemental mercury that was
generated in the U.S. and that meets one
(or more) of the following criteria: (1)
U151 coded waste, (2) D009 coded
waste generated as a result of RMERC
treatment technology, and/or (3)
mercury that was previously treated to
99.5 vol% elemental mercury.
No secondary phases of contaminants,
based on process knowledge developed
in accordance with 40 CFR 262.11(d) or
visual examination, as determined
appropriate by the Operator(s) of the
DOE-designated LTEMSF, in
coordination with their regulators,
including solid and liquid phases, are
acceptable for receipt at the DOEdesignated LTEMSF, ensuring
compliance with compatibility
requirements set forth in 40 CFR 264/
265.172, and 49 CFR 173.24(c). Based
on the operations that generate
significant portions of the elemental
mercury inventories that are anticipated
to be transferred to the LTEMSF,
process knowledge is expected to be
acceptable for characterizing the
container contents to the extent required
to treat, store, or dispose of the waste.
Periodic validation via analysis and/or
visual examination will be performed in
accordance with the applicable
regulations, described in 40 CFR 264.13,
in consultation with the Operator(s) of
the DOE-designated LTEMSF, and in
compliance with 40 CFR 268.7 to revalidate the basis for acceptable process
knowledge.
5. Onsite Short-Term Storage by Ore
Processors: Section 10(c) of the
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27497
Chemical Safety Act of 2016 states that,
if DOE is unable to accept elemental
mercury for reasons beyond the control
of the generator, ore processors who
meet the applicable requirements
specified therein ‘‘may accumulate the
mercury produced onsite that is
destined for a facility designated by the
Secretary [of Energy] under subsection
(a) for more than 90 days without a
permit issued under section 3005(c) of
the Solid Waste Disposal Act (42 U.S.C.
6925(c)), and shall not be subject to the
storage prohibition of section 3004(j) of
that Act (42 U.S.C. 6924(j)).’’ 42 U.S.C.
6939f(g)(2)(D). Ore processors that elect
to conduct onsite short-term storage of
elemental mercury that is destined for
the DOE-designated LTEMSF will be
subject to all RCRA regulations
applicable to generators accumulating
hazardous waste on site, as set forth in
40 CFR 262.17, with the exception of
the accumulation times, which are
specifically exempted in the Chemical
Safety Act of 2016.
As previously discussed, DOE has not
yet designated the LTEMSF. Ore
processors are the only generators
granted exemption from the RCRA
storage prohibitions and allowed to
accumulate elemental mercury onsite
beyond 90 days in non-permitted
temporary storage. Based on the
technologies used in the pollution
control systems operated by the ore
processors, the elemental mercury
acceptable for short-term storage is
typically generated via retorting (i.e.,
RMERC). Accordingly, it is expected to
exhibit a relatively high percent by
volume of elemental mercury, although
there is a potential for contaminants to
be present as secondary phases in the
containers. The revised guidance
document includes changes to the 2019
Short-Term Storage Guidance by
specifying the criteria for elemental
mercury which DOE will accept and by
adding emphasis to the requirements for
compatible waste containers and
compliance with the requirements of 40
CFR 264/265.172. The approach for
ensuring compliance should be
determined in consultation with and
approval by the regulators for the
affected ore processors.
C. Request for Comments
DOE specifically seeks comment from
potentially affected states—Arkansas,
Illinois, Nevada, Pennsylvania,
Tennessee, Texas, and Utah—which are
analyzed as candidate storage locations
in DOE’s 2022 Draft Supplemental
Environmental Impact Statement (DOE/
EIS–0423–S2D) and also invites the
public, stakeholders, and other States to
provide comments on this draft
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
guidance document. DOE will accept
comments via the methods prescribed
above in the ADDRESSES section. The
Department will consider all comments
received during the public comment
period and modify the guidance
document as appropriate. Any necessary
follow-up consultation with EPA or
State agencies in potentially affected
States will be conducted in accordance
with MEBA, 42 U.S.C. 6939f(d)(1).
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: one copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
Signing Authority
This document of the Department of
Energy was signed on April 27, 2023, by
Kristen G. Ellis, Acting Associate
Principal Deputy Assistant Secretary for
Regulatory and Policy Affairs, Office of
Environmental Management, 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 April 27,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
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[FR Doc. 2023–09301 Filed 5–1–23; 8:45 am]
DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Federal Energy Regulatory
Commission
Combined Notice of Filings
[Project No. 2466–037]
Appalachian Power Company; Notice
of Intent to Prepare an Environmental
Assessment
On February 28, 2022, Appalachian
Power Company (Appalachian) filed an
application for a new major license for
the 2.4-megawatt Niagara Hydroelectric
Project (Niagara Project; FERC No.
2466). The Niagara Project is located on
the Roanoke River, in Roanoke County,
Virginia. The project is adjacent to and
partially within the Blue Ridge
Parkway.
In accordance with the Commission’s
regulations, on February 7, 2023,
Commission staff issued a notice that
the project was ready for environmental
analysis (REA Notice). Based on the
information in the record, including
comments filed on the REA Notice, staff
does not anticipate that licensing the
project would constitute a major federal
action significantly affecting the quality
of the human environment. Therefore,
staff intends to prepare a draft and final
Environmental Assessment (EA) on the
application to relicense the Niagara
Project.
The EA will be issued and circulated
for review by all interested parties. All
comments filed on the EA will be
analyzed by staff and considered in the
Commission’s final licensing decision.
The application will be processed
according to the following schedule.
Revisions to the schedule may be made
as appropriate.
Milestone
Target date
Commission issues draft EA ....
Comments on draft EA ............
Commission issues final EA ....
November 2023.
December 2023.
April 2024.1
Any questions regarding this notice
may be directed to Laurie Bauer at (202)
502–6519 or laurie.bauer@ferc.gov.
Dated: April 26, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–09244 Filed 5–1–23; 8:45 am]
BILLING CODE 6717–01–P
BILLING CODE 6450–01–P
1 The Council on Environmental Quality’s (CEQ)
regulations under 40 CFR 1501.10(b)(1) require that
EAs be completed within 1 year of the federal
action agency’s decision to prepare an EA. This
notice establishes the Commission’s intent to
prepare a draft and final EA for the Niagara Project.
Therefore, in accordance with CEQ’s regulations,
the final EA must be issued within 1 year of the
issuance date of this notice.
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Take notice that the Commission has
received the following Natural Gas & Oil
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP23–707–000.
Applicants: Wyoming Interstate
Company, L.L.C.
Description: § 4(d) Rate Filing: Fuel_
LU Quarterly Update Filing June 1, 2023
to be effective 6/1/2023.
Filed Date: 4/25/23.
Accession Number: 20230425–5166.
Comment Date: 5 p.m. ET 5/8/23.
Docket Numbers: RP23–708–000.
Applicants: BP Canada Energy
Marketing Corp., BP Energy Company.
Description: Joint Petition for Limited
Waiver of Capacity Release Regulations,
et al. of BP Energy Co., et al.
Filed Date: 4/25/23.
Accession Number: 20230425–5290.
Comment Date: 5 p.m. ET 5/8/23.
Docket Numbers: RP23–709–000.
Applicants: Transwestern Pipeline
Company, LLC.
Description: § 4(d) Rate Filing:
Negotiated Rates Filing—NRA Concord
& Talen/XTO Name Change to be
effective 5/1/2023.
Filed Date: 4/26/23.
Accession Number: 20230426–5085.
Comment Date: 5 p.m. ET 5/8/23.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
Filings in Existing Proceedings
Docket Numbers: RP19–423–004.
Applicants: Tallgrass Interstate Gas
Transmission, LLC.
Description: Petition to Amend
Settlement of Tallgrass Interstate Gas
Transmission, LLC.
Filed Date: 4/25/23.
Accession Number: 20230425–5325.
Comment Date: 5 p.m. ET 5/8/23.
Any person desiring to protest in any
the above proceedings must file in
accordance with Rule 211 of the
Commission’s Regulations (18 CFR
385.211) on or before 5:00 p.m. Eastern
time on the specified comment date.
The filings are accessible in the
Commission’s eLibrary system (https://
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Agencies
[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27495-27498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09301]
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DEPARTMENT OF ENERGY
Notice of Availability of Interim Guidance on Packaging,
Transportation, Receipt, Management, Short-Term and Long-Term Storage
of Elemental Mercury and Request for Comment
AGENCY: Office of Environmental Management, U.S. Department of Energy.
[[Page 27496]]
ACTION: Notice of availability; request for comments.
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SUMMARY: The U.S. Department of Energy (DOE) provides this Notice of
Availability and Request for Comment on a revision to DOE's 2009 U.S.
Department of Energy Interim Guidance on Packaging, Receipt,
Management, and Long-Term Storage of Elemental Mercury (2009 Long-Term
Storage Guidance) and Guidance for Short-Term Storage of Elemental
Mercury by Ore Processors (May 2019) (2019 Short-Term Storage
Guidance). DOE specifically seeks input from potentially affected
States, pursuant to the Mercury Export Ban Act, as amended, and also
invites the public, stakeholders, and other States to provide comments
on this draft guidance document.
DATES: The 30-day public comment period begins on the date of
publication of this Notice and ends on June 1, 2023. Comments may be
received through one of the methods described in section C in
SUPPLEMENTARY INFORMATION section.
ADDRESSES: Please direct written comments via one of the following
methods:
Email: Send comments to [email protected] . Please submit
comments in MicrosoftTM Word, or PDF file format, and avoid the use of
encryption.
U.S. Mail: Send comments to the following address: David Haught,
U.S. Department of Energy, Office of Environmental Management, Office
of Waste Disposal (EM-4.22), 1000 Independence Avenue SW, Washington,
DC 20585.
FOR FURTHER INFORMATION CONTACT: David Haught at
[email protected] or at U.S. Department of Energy, Office of
Environmental Management, Office of Waste Disposal (EM-4.22), 1000
Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586-
5000.
SUPPLEMENTARY INFORMATION:
A. Background
The Mercury Export Ban Act of 2008 (Pub. L. 110-414) (MEBA of 2008)
as amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act (Pub. L. 114-182) (Chemical Safety Act of 2016),
established requirements pertaining to elemental mercury and certain
mercury compounds. Those requirements are located in the Toxic
Substances Control Act (TSCA) (Pub. L. 94-469) and the Solid Waste
Disposal Act of 1965 (Pub. L. 89-272), as amended by the Resource
Conservation and Recovery Act of 1976 (RCRA) (Pub. L. 94-580), and
subsequent amendments. Among other things, MEBA of 2008, and the
Chemical Safety Act of 2016, collectively referred to herein as MEBA,
amended TSCA and RCRA to ban the export of elemental mercury and
certain mercury compounds, as well to provide for long-term and interim
(i.e., short-term) management and storage of elemental mercury.
Specifically, MEBA of 2008 required DOE to designate a facility or
facilities for the long-term management and storage of elemental
mercury (referred to herein as the Long-Term Elemental Mercury Storage
Facility (LTEMSF)) and to issue guidance on recommended standards and
procedures for receipt, management, and long-term storage of elemental
mercury. 42 U.S.C. 6939(a)(1), (d)(1). The Chemical Safety Act of 2016
provided for interim onsite storage of elemental mercury for certain
generators, while awaiting availability of the DOE-designated LTEMSF.
42 U.S.C. 6939f(g)(2)(D). It further required DOE to issue guidance on
recommended standards and procedures for management and short-term
onsite storage. 42 U.S.C. 6939f(g)(2)(E). DOE, after consultation with
the U.S. Environmental Protection Agency (EPA) and appropriate State
agencies in potentially affected States, issued the 2009 Long-Term
Storage Guidance to establish standards and procedures for packaging,
transportation, receipt, management, and long-term storage of elemental
mercury at a DOE-designated facility or facilities, as mandated by MEBA
of 2008. Subsequently, the Chemical Safety Act of 2016 amended MEBA of
2008 and provided for onsite interim storage of elemental mercury that
is generated as a result of ore processing and/or related pollution
control activities and is destined for DOE's LTEMSF. It required DOE to
issue additional guidance for short-term management and storage of
elemental mercury by the covered generators. Accordingly, DOE issued
the 2019 Short-Term Storage Guidance to address this requirement. Both
guidance documents were based on certain planning assumptions specific
to those timeframes.
B. Revised Guidance Document
Neither MEBA of 2008 nor the Chemical Safety Act of 2016 mandate
revisions to either the 2009 Long-Term Storage Guidance or 2019 Short-
Term Storage Guidance documents; however, since their initial issuance,
some key underlying assumptions have changed and this revision, which
addresses both long-term and short-term storage, reflects those
changes, as discussed below. Once finalized and issued, this guidance
document will supersede the previously issued 2009 Long-Term Storage
Guidance and 2019 Short-Term Storage Guidance. At that time, the
previously issued guidance documents will be rescinded. This draft
guidance document was developed by DOE after consultation with the EPA,
as well as the U.S. Department of Transportation (DOT). Additionally,
DOE is specifically seeking input from potentially affected States and
will further consult with them, as necessary.
1. Omission of Example Procedures: DOE has determined that it is
not appropriate to include example procedures in this guidance
document, but rather to defer to the LTEMSF Operator(s) implementation
of its RCRA permit and approved procedures, in conjunction with
oversight from their regulator(s). The 2009 Long-Term Storage Guidance
included standards and example procedures for receipt, management, and
long-term storage of elemental mercury. These procedures, as presented
in the various sections of that document, provided annotated outlines
or templates of what was envisioned to be included in the LTEMSF
procedures for all aspects of operation. In general, these templates
described suggested processes used to meet the expectations of the
applicable standards. However, the Operator(s) of the DOE-designated
LTEMSF, whether a commercial or federal government RCRA-permitted
treatment, storage and disposal facility (TSDF), will likely leverage
existing hazardous waste procedures, as well as develop new procedures
as required for critical operations specific to management of elemental
mercury. These procedures must ensure compliance with the applicable
federal regulations, as well as state and local regulations. New and/or
revised procedures are expected to require review and approval by the
regulator(s).
2. Waste Container Contents: The 2009 Long-Term Storage Guidance
contained a key assumption that the elemental mercury accepted for
storage in the DOE-designated LTEMSF would be at least 99.5 percent by
volume (vol%) elemental mercury. DOE does not carry this assumption
forward in the revision. Instead, DOE assumes the generators will
comply with applicable RCRA hazardous waste treatment and packaging
requirements for highly concentrated elemental mercury, prior to
receipt at the DOE LTEMSF. DOE's interpretation of the term ``elemental
mercury'' used in MEBA, see, e.g., 42 U.S.C. 6939f(a), is that only
elemental mercury that was generated in the U.S. and that meets one (or
more) of the
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following criteria is acceptable for storage in its LTEMSF: (1) U151
coded waste, (2) D009 coded waste generated as a result of Retorting of
Mercury (RMERC) treatment technology, and/or (3) mercury that was
previously treated to 99.5 vol% elemental mercury.\1\
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\1\ Elemental mercury that has previously been treated to 99.5
vol% elemental mercury will be accepted at the DOE facility. This is
included to capture treatment that some generators have already
undertaken in order to meet DOE's original 99.5 vol% criteria.
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Based on the expected elemental mercury generator sources and the
related factors discussed below, this revised guidance does not assume
any DOE-specified minimum purity for elemental mercury accepted for
management and storage at the DOE-designated LTEMSF. Rather, it focuses
on applicable RCRA and DOT regulations related to compatibility of the
waste with the containers.
3. Generators: In general, elemental mercury generators can be
grouped into three primary categories: (1) ore processors, (2)
commercial recyclers, and (3) chlor-alkali plants. Generation of
mercury by ore processors typically occurs due to retorting as part of
their required pollution control activities and represents the majority
of the potential projected receipts at a DOE-designated LTEMSF.
Similarly, commercial recyclers use retorting to separate elemental
mercury from certain waste media, as well as collect commercial/
technical-grade elemental mercury from discarded components. Finally,
the chlor-alkali plants generate elemental mercury during
decommissioning of electrolytic cells that use commercial/technical-
grade elemental mercury in the process. All of these generation sources
are expected to produce relatively pure elemental mercury waste
streams; however, each must be evaluated on a case-by-case basis by the
LTEMSF Operator(s), in consultation with appropriate regulators, to
determine they meet one of the three criteria set forth above for
acceptability.
4. Containers and Compatibility: The principal objective regarding
the containers accepted for storage in the DOE-designated LTEMSF is
that they are lined with, or made of, materials that will not react
with and are compatible with the hazardous waste to be stored and do
not pose a risk of accelerated corrosion and container failure over
time (40 CFR 264/265.172). Currently, there are two primary containers
of interest, which are in common commercial use for packaging,
transportation, and storage of elemental mercury, that meet the
applicable DOT regulations in 49 CFR 173. These include a three-liter
(3-L) flask, with a 35-kg capacity, and a one metric ton (1-MT)
container. Both are constructed of mild steel and are unlined such that
the contents are in direct contact with the container inside surfaces.
Due to their prevalent use, these are the assumed predominant
containers to be received at the DOE-designated LTEMSF.
Given the uncertain duration for elemental mercury storage, the
requirement for compatible materials is particularly relevant and
important to safe management of the inventory. The primary contaminants
of concern are those that can exist as secondary phases floating on top
of the elemental mercury (i.e., as opposed to the trace amounts of very
small particles of metals or amalgams that may be suspended in the
elemental mercury). These could be solid phases of mercury salts, such
as calomel (mercury chloride) and cinnabar (mercury sulfide), or
aqueous phases of water, acid solutions, and chloride salt solutions.
Any of these secondary phases of contaminants could eventually lead to
failure of unlined containers made of mild steel. DOE will only accept
elemental mercury that was generated in the U.S. and that meets one (or
more) of the following criteria: (1) U151 coded waste, (2) D009 coded
waste generated as a result of RMERC treatment technology, and/or (3)
mercury that was previously treated to 99.5 vol% elemental mercury.
No secondary phases of contaminants, based on process knowledge
developed in accordance with 40 CFR 262.11(d) or visual examination, as
determined appropriate by the Operator(s) of the DOE-designated LTEMSF,
in coordination with their regulators, including solid and liquid
phases, are acceptable for receipt at the DOE-designated LTEMSF,
ensuring compliance with compatibility requirements set forth in 40 CFR
264/265.172, and 49 CFR 173.24(c). Based on the operations that
generate significant portions of the elemental mercury inventories that
are anticipated to be transferred to the LTEMSF, process knowledge is
expected to be acceptable for characterizing the container contents to
the extent required to treat, store, or dispose of the waste. Periodic
validation via analysis and/or visual examination will be performed in
accordance with the applicable regulations, described in 40 CFR 264.13,
in consultation with the Operator(s) of the DOE-designated LTEMSF, and
in compliance with 40 CFR 268.7 to re-validate the basis for acceptable
process knowledge.
5. Onsite Short-Term Storage by Ore Processors: Section 10(c) of
the Chemical Safety Act of 2016 states that, if DOE is unable to accept
elemental mercury for reasons beyond the control of the generator, ore
processors who meet the applicable requirements specified therein ``may
accumulate the mercury produced onsite that is destined for a facility
designated by the Secretary [of Energy] under subsection (a) for more
than 90 days without a permit issued under section 3005(c) of the Solid
Waste Disposal Act (42 U.S.C. 6925(c)), and shall not be subject to the
storage prohibition of section 3004(j) of that Act (42 U.S.C.
6924(j)).'' 42 U.S.C. 6939f(g)(2)(D). Ore processors that elect to
conduct onsite short-term storage of elemental mercury that is destined
for the DOE-designated LTEMSF will be subject to all RCRA regulations
applicable to generators accumulating hazardous waste on site, as set
forth in 40 CFR 262.17, with the exception of the accumulation times,
which are specifically exempted in the Chemical Safety Act of 2016.
As previously discussed, DOE has not yet designated the LTEMSF. Ore
processors are the only generators granted exemption from the RCRA
storage prohibitions and allowed to accumulate elemental mercury onsite
beyond 90 days in non-permitted temporary storage. Based on the
technologies used in the pollution control systems operated by the ore
processors, the elemental mercury acceptable for short-term storage is
typically generated via retorting (i.e., RMERC). Accordingly, it is
expected to exhibit a relatively high percent by volume of elemental
mercury, although there is a potential for contaminants to be present
as secondary phases in the containers. The revised guidance document
includes changes to the 2019 Short-Term Storage Guidance by specifying
the criteria for elemental mercury which DOE will accept and by adding
emphasis to the requirements for compatible waste containers and
compliance with the requirements of 40 CFR 264/265.172. The approach
for ensuring compliance should be determined in consultation with and
approval by the regulators for the affected ore processors.
C. Request for Comments
DOE specifically seeks comment from potentially affected states--
Arkansas, Illinois, Nevada, Pennsylvania, Tennessee, Texas, and Utah--
which are analyzed as candidate storage locations in DOE's 2022 Draft
Supplemental Environmental Impact Statement (DOE/EIS-0423-S2D) and also
invites the public, stakeholders, and other States to provide comments
on this draft
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guidance document. DOE will accept comments via the methods prescribed
above in the ADDRESSES section. The Department will consider all
comments received during the public comment period and modify the
guidance document as appropriate. Any necessary follow-up consultation
with EPA or State agencies in potentially affected States will be
conducted in accordance with MEBA, 42 U.S.C. 6939f(d)(1).
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Signing Authority
This document of the Department of Energy was signed on April 27,
2023, by Kristen G. Ellis, Acting Associate Principal Deputy Assistant
Secretary for Regulatory and Policy Affairs, Office of Environmental
Management, 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 April 27, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-09301 Filed 5-1-23; 8:45 am]
BILLING CODE 6450-01-P