[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11923-11925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6136]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Request for Expressions of Interest in Hosting a Facility or 
Facilities for the Long-Term Management and Storage of Elemental 
Mercury

AGENCY: Department of Energy.

ACTION: Notice of request for expressions of interest.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is seeking Expressions of 
Interest from Federal agencies and from the private sector regarding 
potential locations for a facility or facilities where DOE can store 
and manage elemental mercury pursuant to the Mercury Export Ban Act of 
2008 (the Act). The Act directs DOE to designate by January 1, 2010, a 
facility or facilities of DOE for the long-term management and storage 
of elemental mercury. At least one such facility must be operational by 
January 1, 2013.
    DOE intends to initiate an Environmental Impact Statement in early 
2009 and seeks to identify facilities to consider as potential 
alternatives. Accordingly, respondents to this Request for Expressions 
of Interest may have the facilities they identify considered during the 
environmental review scoping process. This is a request for expressions 
of interest. No proposals are allowed.

DATES: Federal agencies and commercial entities wishing to make an 
Expression of Interest should do so in writing no later than 30 days 
from the date this notice is published. Questions may be submitted in 
writing by letter or e-mail. DOE may ask vendors to clarify information 
provided in their Expressions of Interest or submit additional 
information.

ADDRESSES: Please submit hard copies of Expressions of Interest to Mr. 
David Levenstein, Mail Stop: EM-11/Cloverleaf 2128, U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585-2040. 
Electronic versions of Expressions of Interest may be submitted in 
portable document format (pdf) by e-mail to 
<a href="/cdn-cgi/l/email-protection#422623342b266c2e2734272c3136272b2c02272f6c262d276c252d34"><span class="__cf_email__" data-cfemail="543035223d307a383122313a2720313d3a1431397a303b317a333b22">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Mercury Export Ban Act of 2008 prohibits the export of 
elemental mercury from the United States effective January 1, 2013. To 
ensure that elemental mercury is managed and stored safely, the Act 
directs DOE to take a number of actions. By October 1, 2009, DOE must 
issue guidance establishing standards and procedures for the receipt, 
management and long-term storage of elemental mercury generated within 
the United States at a facility or facilities of DOE. DOE must 
designate such facilities by January 1, 2010, but is prohibited by the 
Act from locating such a facility at DOE's Oak Ridge Reservation. At 
least one such facility must be operational by January 1, 2013. In 
addition to the standards and procedures referenced above, elemental 
mercury managed and stored at a designated facility will be subject to 
the requirements of the Solid Waste Disposal Act, as amended (Resource 
Conservation and Recovery Act (RCRA)), 42 U.S.C. 6901 et seq. A 
designated facility in existence on or before January 1, 2013, is 
authorized to operate under interim status pursuant to RCRA section 
3005(e), 42 U.S.C. 6925(e), until a final decision on a permit 
application is made pursuant to RCRA section 3005(c), 42 U.S.C. 
6925(c). The U.S. Environmental Protection Agency (EPA), or an 
authorized State, shall issue a final decision on the permit 
application by January 1, 2015.
    Currently elemental mercury in the United States comes from several 
sources, including mercury used in the chlorine and caustic soda 
manufacturing process, mercury reclaimed from recycling and waste 
recovery activities, and mercury generated as a byproduct of the gold 
mining process. In a November 2007 ``Mercury Storage Costs Estimates'' 
report, EPA assumed the total amount of excess mercury supply from 
commercial sources that would require storage to be between 7,500 and 
10,000 metric tons over 40 years. The 7,500 metric ton scenario assumes 
that approximately 1,200 metric tons would come from mercury cell 
chlor-alkali plants, approximately 2,050 metric tons would come from 
product recycling and waste recovery, and approximately 4,250 metric 
tons would be a byproduct of

[[Page 11924]]

gold mining. The 10,000 metric ton scenario assumes that an additional 
2,500 metric tons would result from imports. There are uncertainties 
associated with these estimates, and DOE anticipates updating these 
estimates in conjunction with its activities to comply with the 
National Environmental Policy Act (NEPA).
    In addition, DOE currently stores approximately 1,200 metric tons 
of elemental mercury at its Oak Ridge Reservation in Tennessee. Also, 
the Department of Defense (DOD) stores approximately 4,400 metric tons 
at various locations. At this time, no decision has been made as to how 
much elemental mercury from DOE or DOD would be stored in the DOE-
designated facilities required by the Act.
    As required by Council on Environmental Quality and DOE NEPA 
regulations, DOE's designation of facilities for the purpose of long-
term management and storage of elemental mercury generated in the 
United States must include consideration of the range of reasonable 
management and storage alternatives and the environmental impacts of 
those alternatives. The purpose of this Request is to determine if 
there is interest on the part of Federal agencies or commercial 
entities in proposing locations for long-term DOE management and 
storage facilities. Identification of such facilities will enable DOE 
to consider them for potential inclusion in its NEPA review.
    Consideration of a facility in the environmental review process is 
not a guarantee of its selection. Proposed sites and facilities will be 
reviewed against a series of technical screening criteria to consider 
their suitability for a long-term elemental mercury management and 
storage mission. In addition, in accordance with NEPA implementing 
regulations, DOE will conduct public outreach, such as a scoping 
meeting or meetings, for those sites and facilities considered to be 
reasonable alternatives, to allow the public to comment.
    Request for Expressions of Interest: This is a request for 
expressions of interest. No proposals are allowed.
    DOE intends to consider a range of reasonable alternatives, 
including existing and new DOE facilities, in its selection process. 
DOE is in the process of conducting an inventory of its national 
complex to determine potential alternative facilities. Likewise, DOE is 
also seeking by this action expressions of interest from Federal 
agencies and from commercial entities on locations and facilities for 
the long-term management and storage of elemental mercury. Because the 
Act states that this mercury would be stored at a ``facility or 
facilities of [DOE]'', DOE would work, as necessary, with the Federal 
agency or commercial entity on acquiring an appropriate interest in the 
facility prior to site designation.
    DOE plans to review each submission to determine if it should be 
included as a reasonable alternative in DOE's NEPA analysis, which will 
assess the environmental impacts of each alternative, including 
existing and new DOE facilities, as they relate to the long-term 
storage and management of elemental mercury.
    The size requirements for long-term storage and management 
facilities will depend on a number of factors, including the amount of 
elemental mercury ultimately received and the storage configuration of 
the elemental mercury containers. Based on currently available 
information, for planning purposes DOE is looking for locations with 
one or more existing facilities with a total of approximately 20,000 to 
100,000 square feet of storage space, or locations where such 
facilities could be constructed. DOE anticipates refining the estimate 
of required storage space during the environmental review process. DOE 
also requires that the facilities be in compliance with all current 
building codes and construction standards, be located in a geologically 
stable area (e.g., not in a flood plain or seismically-active zone), 
and be operated and maintained with appropriate security measures in 
place. In addition, the Act requires that the facilities obtain and 
operate in accordance with a RCRA hazardous waste facility permit.
    Content of Expressions of Interest: DOE requires the following 
information for each potential storage location and facility:
    1. Name of the Federal agency or private company making the 
Expression of Interest, including a contact person's name, telephone 
number, and e-mail address;
    2. Agency or company address;
    3. If a private company, company size (please specify as either 
Large, Small, Small Disadvantaged, Woman Owned Small Business, Veteran 
Owned Small Business, Service-Disabled Veteran Owned Small Business, 
8(a), Hubzone Small Business or other);
    4. Name of the city and state in which each potential facility is 
or would be located;
    5. A site map showing the location of the potential storage 
building or buildings on the site, as well as nearby (within 10 miles) 
political (e.g., city, county) boundaries, communities (especially 
minority, low income or Native American), roads, railroads, airports, 
and water bodies, wetlands, floodplains, parkland, known fault lines, 
or other environmentally sensitive areas;
    6. A description of the potential site, including ownership, 
current activities, access control system, hazardous materials handling 
experience, mercury handling experience, current tenants, existing 
permits, previous regulatory compliance problems, and existing 
environmental contamination; and
    7. A description of the potential storage building, if pre-
existing, including date and type of construction, floor condition, any 
special features that provide protection against leaks and external 
environmental hazards, fire suppression system, heating, ventilation 
and air-conditioning system, access control system, current activities 
and materials in storage, current tenants, and existing environmental 
contamination.
    If available, Expressions of Interest should also identify 
equipment, materials, and labor required to upgrade or construct the 
potential facility to accept elemental mercury for long-term management 
and storage, as well as any environmental, health and safety approvals 
that will be required by Federal, State or local law.
    Expression of Interest Format: The length of the Expression of 
Interest should be no more than 20 pages using 12-point font. Although 
each respondent may determine how best to organize the Expression of 
Interest, DOE recommends the following format: Section 1--Summary; and 
Section 2--Description of Location with specific reference to the items 
requested by DOE above.
    DOE reserves the right to use any and all information submitted by, 
or obtained from, an interested party in any manner DOE determines is 
appropriate. An interested party should avoid including any business 
confidential and/or proprietary information in its Expression of 
Interest. However, if an interested party must submit such information, 
the information must be clearly marked accordingly, and the interested 
party must provide sufficient justification as to why such information 
is business confidential and/or proprietary. DOE will review said 
information and handle it in accordance with the Freedom of Information 
Act (5 U.S.C. 552) and all applicable Federal law.
    This Request for Expressions of Interest is not a formal 
solicitation requesting proposals and does not represent a commitment 
by DOE to award a contract. This Request for Expressions of Interest 
does not confer

[[Page 11925]]

any commitment or obligation from DOE. Under no circumstances does this 
Request for Expressions of Interest seek to award a contract for 
services under the Federal Acquisition Regulations or a financial 
assistance agreement under Part 600 of Title 10 of the Code of Federal 
Regulations.
    DOE does not intend to formally respond to information submitted in 
response to this Request for Expressions of Interest.
    The cost for the preparation and submittal of a response to the 
Request for Expressions of Interest is the sole responsibility of the 
interested party.

    Issued in Washington, DC, on March 11, 2009.
Inos R. Triay,
Acting Assistant Secretary for Environmental Management.
[FR Doc. E9-6136 Filed 3-19-09; 8:45 am]
BILLING CODE 6540-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>