[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58952-58953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27395]


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DEPARTMENT OF ENERGY


Notice of Availability of the U.S. Department of Energy Interim 
Guidance on Packaging, Transportation, Receipt, Management, and Long-
Term Storage of Elemental Mercury

AGENCY: Department of Energy.

ACTION: Notice of availability.

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SUMMARY: This document provides general guidance with respect to 
standards and procedures necessary to support the packaging, 
transportation, receipt, management, and long-term storage of elemental 
mercury generated in the United States (U.S.) as required by the 
Mercury Export Ban Act of 2008 (the Act). Section 5 of the Act, Long-
Term Storage, requires the Department of Energy (DOE) to prepare 
guidance that ``establishes procedures and standards for the receipt, 
management, and long term storage of elemental mercury.''

ADDRESSES: Ms. Letitia O'Conor, Elemental Mercury Storage Guidance 
Document Manager, Office of Environmental Compliance (EM-41), U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585. The guidance document will be available at the DOE Web site at 
http://www.em.doe.gov/ and http://www.mercurystorageeis.com.

FOR FURTHER INFORMATION CONTACT: For further information about the 
guidance document, please contact Ms. Letitia O'Conor, Office of 
Environmental Compliance (EM-41), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585. You can contact Ms. 
O'Conor at (202) 586-6570 or by e-mail at: letitia.o'[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Mercury exposure can cause a number of adverse effects on human 
health. In an effort to reduce global mercury use and releases, and in 
order to eventually achieve reduced contamination levels in the 
environment, the Act was passed by Congress and signed into law by the 
President on October 14, 2008 (Pub. L. No. 110-414, enacted October 14, 
2008). The Act prohibits the sale, distribution, or transfer of 
elemental mercury by Federal agencies to any other Federal agency, any 
State or local government agency, or any private individual or entity 
that is under the control of a federal agency (with certain limited 
exceptions). It also prohibits the export of elemental mercury from the 
U.S. effective January 1, 2013 (subject to certain essential use 
exceptions). Section 5 of the Act, Long-Term Storage, directs DOE to 
designate a facility or facilities for the long-term management and 
storage of elemental mercury generated within the U.S. DOE's facility 
or facilities must be operational by January 1, 2013, and be ready to 
accept custody of elemental mercury delivered to such a facility. The 
Act also requires DOE to assess fees based upon the pro rata costs of 
long-term management and storage.
    DOE is developing a capability for the safe and secure long-term 
management and storage of elemental mercury as required by the Act. 
Accordingly, DOE needs to identify an appropriate facility or 
facilities to host this activity. To this end, DOE is preparing an 
environmental impact statement (EIS) in accordance with the National 
Environmental Policy Act (NEPA) of 1969, regulations of the President's 
Council on Environmental Quality (40 CFR parts 1500-1508) and DOE's 
implementing procedures (10 CFR part 1021). This EIS will evaluate 
alternatives for such a facility or facilities in order to have the 
requisite capability operational by January 1, 2013, as stipulated in 
the Act. The U.S. Environmental Protection Agency (EPA) is a 
cooperating agency for this EIS. In July, DOE published a Notice of 
Intent to prepare an EIS for the Long-Term Management and Storage of 
Elemental Mercury in the Federal Register (74 FR 31723, July 2, 2009). 
DOE expects to issue a Draft EIS in December 2009.
    As required by the Act, DOE has prepared the U.S. Department of 
Energy Interim Guidance on Packaging, Transportation, Receipt, 
Management, and Long Term Storage of Elemental Mercury (the Interim 
Guidance) in consultation with EPA and state agencies. The Interim 
Guidance provides a framework for the standards and procedures 
associated with the long-term management of elemental mercury and the 
operation of a DOE-designated elemental mercury storage facility with a 
focus on the federal Resource Conservation and Recovery Act (RCRA) 
compliance of such a facility. The Interim Guidance may be supplemented 
and, as appropriate, superseded by the host State's RCRA permitting of 
the future elemental mercury storage facility.
    This Interim Guidance provides standards and procedures to: (1) 
Generators who will assure the purity of the mercury and the integrity 
of the containers; (2) transporters who will load, secure, and transfer 
the mercury to the storage facility; and (3) operators of the storage 
facility who will be responsible for unloading the mercury from the 
transport vehicle, verifying that waste acceptance requirements have 
been met, and operating the storage facility.
    This Interim Guidance is intended to be a reference for a wide 
variety of individual users, industries, and regulatory organizations 
impacted by the Act. Specifically, potential users of

[[Page 58953]]

this guidance document may include the following:
     Past generators, current owners, and custodians of 
elemental mercury;
     Recyclers of mercury bearing materials, wastes, and 
products (e.g., companies that recover dental amalgam);
     Major industrial generators of mercury, including the 
minerals mining industry (especially gold), chlor-alkali (chlorine and 
caustic soda production) industry, and electrical lighting (e.g., 
fluorescent lamp) industry;
     Private and government contractors managing stockpiled 
mercury;
     Shippers of elemental mercury;
     State and Federal regulatory agencies (e.g., EPA); and
     Future operators of an elemental mercury storage facility 
(or facilities) for DOE.
    As required by the Act, this Interim Guidance outlines existing 
requirements and standards and applicable procedures for the receipt 
(including acceptance criteria and packaging/transfer/transport 
requirements), management, and long-term storage of elemental mercury 
by DOE.

    Issued in Washington, DC, on November 9, 2009.
Frank Marcinowski,
Acting Deputy Assistant Secretary for Technical and Regulatory Support, 
Office of Environmental Management.
[FR Doc. E9-27395 Filed 11-13-09; 8:45 am]
BILLING CODE 6450-01-P