October 15, 2021

AROD for Elemental Mercury

In 2008, the Mercury Export Ban Act (MEBA) was signed into law, requiring the Department of Energy (DOE) to establish a system for long-term management of elemental mercury. As part of its record of decision (ROD), which was issued on December 6, 2019 [84 FR 66890], DOE designated the Waste Control Specialists (WCS) facility near Andrews, Texas for long-term management of elemental mercury wastes. The department also established fees for long-term management on December 23, 2019. [84 FR 70402]

These actions were challenged in court by two elemental mercury generators, and DOE agreed to rescind the fee rule and designation of WCS. On October 6, 2020, DOE issued an amended ROD implementing the court settlement. [85 FR 63105] Future rulemaking will be directed at redeveloping a fee system and designating one or more disposal facilities for elemental mercury in a manner that satisfies the court settlement.

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