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DOE/ERA RIN: 1903-AA12 Publication ID: Fall 2023 
Title: 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.

Agency: Department of Energy(DOE)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR part 955     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 6939f   
Legal Deadline:  None
Action Date FR Cite
Final Rule  11/00/2023 
NPRM  02/00/2025 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1903-AA11 
Agency Contact:
Jessica Hernandez
Attorney Advisor
Department of Energy
1000 Independence Avenue SW,
Washington, DC 20585
Phone:202 586-6758