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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.