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e-CFR data is current as of July 31, 2020

Title 10Chapter III → Part 955


Title 10: Energy


PART 955—FEE FOR LONG-TERM MANAGEMENT AND STORAGE OF ELEMENTAL MERCURY UNDER THE MERCURY EXPORT BAN ACT OF 2008, AS AMENDED


Contents
§955.1   Purpose.
§955.2   Scope and applicability.
§955.3   Definitions.
§955.4   Payment of fees.
§955.5   Schedule of fees.

Authority: 42 U.S.C. 6939f(b).

Source: 84 FR 70410, Dec. 23, 2019, unless otherwise noted.

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§955.1   Purpose.

This part establishes a fee for long-term management and storage of elemental mercury in accordance with the Mercury Export Ban Act of 2008, as amended, section 5(b), (42 U.S.C. 6939f(b)).

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§955.2   Scope and applicability.

This part applies to persons who deliver elemental mercury to the U.S. Department of Energy (DOE) designated facility for long-term management and storage.

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§955.3   Definitions.

The following definitions are provided for purposes of this part:

DOE means the U.S. Department of Energy.

Elemental mercury means the element with the chemical symbol Hg and atomic number 80 in its liquid form. The form acceptable to DOE is at least 99.5% elemental mercury by volume. DOE will not accept elemental mercury in environmental media or consumer products (fluorescent lamps, batteries, etc.) or elemental mercury in manufactured items (manometers, thermometers, switches, etc.).

Metric ton means 1,000 kilograms (approximately 2,204 lbs.).

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§955.4   Payment of fees.

Fees are payable upon delivery of elemental mercury to the DOE facility. All fee payments are to be made payable to the U.S. Department of Energy. The payments are to be made in U.S. funds by electronic funds transfer such as ACH (Automated Clearing House) using E.D.I. (Electronic Data Interchange), check, draft, money order, or credit card.

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§955.5   Schedule of fees.

(a) Persons delivering elemental mercury to the DOE facility for long-term management and storage of elemental mercury shall pay fees in accordance with paragraph (b) of this section.

(b) The fee per metric ton is the sum of:

(1) The net present value of elementary mercury storage for the number of years in storage using the appropriate interest rate from Office of Management and Budget (OMB) Circular A-94;

(2) The pro-rated cost of materials required for storage of elemental mercury;

(3) The present value of the cost of transporting elemental mercury from the storage facility to a treatment facility in the year following the last year of storage using the appropriate interest rate from OMB Circular A-94; and

(4) The present value of the cost of treatment and disposal in the year following the last year of storage using the appropriate interest rate from OMB Circular A-94.

(c) The values in paragraphs (b)(1) through (4) of this section may be updated annually. These values are posted to the DOE Long-Term Management and Storage of Elemental Mercury website (https://www.energy.gov/em/services/waste-management/waste-and-materials-disposition-information/long-term-management-and). DOE will publish notice in the Federal Register when the values are updated to inform the public of the updates.

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