Rule2024-09134
Elemental Mercury Management and Storage Fees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 29, 2024
Effective
April 29, 2024
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 83 (Monday, April 29, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#fa8e9397958e9283d4929f889b969eba9f97d49e959fd49d958c"><span class="__cf_email__" data-cfemail="d3a7babebca7bbaafdbbb6a1b2bfb793b6befdb7bcb6fdb4bca5">[email protected]</span></a>.
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]
BILLING CODE 6450-01-P
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