1903-AA12 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1903 Economic Regulatory Administration ERA 1900 Department of Energy DOE Elemental Mercury Management and Storage Fees

The U.S. Department of Energy (DOE) is required by law (the Mercury Export Ban Act, or MEBA) to designate a facility for the purpose of long-term management and storage of elemental mercury generated within the United States. DOE is required to establish a fee for this service based on the pro rata cost of long-term management and storage of elemental mercury delivered to the facility. The fee must be made publicly available, may be adjusted annually, and shall cover costs as described in MEBA.

In 2019, the fee required under MEBA was established by rule at 10 CFR part 955 (1903-AA11). However, in 2020 a court vacated that rule and remanded it to DOE for reconsideration. In accordance with the court’s order, DOE will remove 10 CFR part 955 and propose a new fee rule under that same part.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 10 CFR part 955 42 U.S.C. 6939f No Final Rule 11/00/2023 NPRM 02/00/2025 Undetermined No None No No No No 1903-AA11 Related to Jessica Hernandez Attorney Advisor 1900 Department of Energy DOE 202 586-6758 jessica.hernandez@hq.doe.gov 1000 Independence Avenue SW, Washington DC 20585