[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33203-33204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09134]


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DEPARTMENT OF ENERGY

10 CFR Part 955

RIN 1903-AA12


Elemental Mercury Management and Storage Fees

AGENCY: Office of Environmental Management, U.S. Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) is removing the regulatory 
provisions established by the final rule Elemental Mercury Management 
and Storage Fees that was published in the Federal Register on December 
23, 2019. On September 5, 2020, the U.S. District Court for the 
District of Columbia issued an order that vacated and remanded the rule 
to DOE for reconsideration. This action amends the Code of Federal 
Regulations to reflect the Court's order.

DATES: This rule is effective on April 29, 2024. However, the Court's 
order had legal effect immediately upon its issuance on September 5, 
2020.

FOR FURTHER INFORMATION CONTACT: Timothy Herald, U.S. Department of 
Energy, Office of Environmental Management, Room B126, 19901 Germantown 
Road, Germantown, MD 20874; (240) 243-8753 or 
[email protected].

SUPPLEMENTARY INFORMATION: Section 5(a)(1) of the Mercury Export Ban 
Act (MEBA), as amended, 42 U.S.C. 6939f(a)(1), provides that the 
Secretary of Energy shall designate a facility or facilities of DOE for 
the purpose of long-term management and storage of elemental mercury 
generated within the United States. MEBA section 5(b)(1), 42 U.S.C. 
6939f(b)(1), further provides that DOE shall assess and collect a fee 
at the time of delivery for providing such management and storage, 
based on the pro rata cost of long-term management and storage of 
elemental mercury delivered to the facility.
    On December 6, 2019, DOE published its Record of Decision (ROD) 
identifying a portion of two buildings at a Texas facility leased by 
DOE and owned by

[[Page 33204]]

Waste Control Specialists, LLC (WCS facility) as its designated 
facility under MEBA section 5(a). (84 FR 66890). In accordance with 
MEBA section 5(b), on December 23, 2019, DOE issued a final rule that 
established the fee for the management and storage of elemental mercury 
at the designated facility. (84 FR 70402). The rule, which became 
effective on January 22, 2020, added 10 CFR part 955 titled ``Fee for 
Long-Term Management and Storage of Elemental Mercury Under the Mercury 
Export Ban Act of 2008, as Amended.''
    On January 17, 2020, Nevada Gold Mines, LLC (NGM) filed suit 
against DOE in the U.S. District Court for the District of Columbia 
seeking to vacate both the final rule and the ROD. Nevada Gold Mines, 
LLC v. Dan Brouillette, et al., Case No. 1:20-cv-00141-RJL (D.D.C. 
2020). On August 21, 2020, NGM and DOE executed a settlement agreement 
in which DOE agreed to move the district court to vacate and remand the 
fee rule. On September 5, 2020, the district court granted DOE's motion 
to vacate the fee rule and ordered the rule vacated and remanded to DOE 
for reconsideration. Consistent with the agreement, DOE subsequently 
issued an amended ROD withdrawing the designation of the WCS facility. 
In this final rule, DOE removes 10 CFR part 955 to reflect the district 
court's order.
    This final rule is not subject to the requirement to provide prior 
notice and an opportunity for public comment under 5 U.S.C. 553(b) and 
(c) because it falls under the good cause exception at 5 U.S.C. 
553(b)(3)(B). The good cause exception is satisfied when notice and 
comment is ``impracticable, unnecessary, or contrary to the public 
interest.'' Id. This final rule is an administrative step that 
implements the district court's order vacating the December 2019 rule. 
Notice and comment are unnecessary for implementation of the court's 
vacatur and would be impracticable and contrary to the public interest 
in light of DOE's need to implement the now-effective final judgment. 
Additionally, because this final rule implements a court order already 
in effect, DOE has good cause to waive the 30-day effective date. See 5 
U.S.C. 553(d)(3).

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 955

    Elemental Mercury, Hazardous Waste Treatment, Storage, and 
Disposal, and Reporting and Recordkeeping Requirements.

Signing Authority

    This document of the Department of Energy was signed on April 23, 
2024, by David M. Turk, Deputy Secretary of Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on April 24, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

PART 955--[REMOVED AND RESERVED]

0
For the reasons stated in the preamble, and under the authority of 42 
U.S.C. 6939f(b), DOE removes and reserves 10 CFR part 955.

[FR Doc. 2024-09134 Filed 4-26-24; 8:45 am]
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