[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]
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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.
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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
[email protected].
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
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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