---
kind: "section"
citation: "42 U.S.C. § 6939f"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6939f"
heading: "Long-term storage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6939f"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §6939f. Long-term storage

- (a) **Designation of facility—**
  - (1) **In general—** Not later than January 1, 2010, the [Secretary](/usc/42/242q–4.md?p=2) of Energy (referred to in this section as the “[Secretary](/usc/42/242q–4.md?p=2)”) shall designate a facility or facilities of the Department of Energy, which shall not include the Y–12 National Security Complex or any other portion or facility of the Oak Ridge Reservation of the Department of Energy, for the purpose of long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury generated within the United States.
  - (2) **Operation of facility—** Not later than January 1, 2019, the facility designated in [paragraph (1)](#a-1) shall be operational and shall accept custody, for the purpose of long-term management and [storage](/usc/42/6903.md?p=33), of elemental mercury generated within the United States and delivered to such facility.
- (b) **Fees—**
  - (1) **In general—**
    - (A) **Assessment and collection—** After consultation with [persons](/usc/42/6903.md?p=15) who are likely to deliver elemental mercury to a designated facility for long-term management and [storage](/usc/42/6903.md?p=33) under the program prescribed in [subsection (a)](#a), and with other interested [persons](/usc/42/6903.md?p=15), the [Secretary](/usc/42/242q–4.md?p=2) shall assess and collect a fee at the time of delivery for providing such management and [storage](/usc/42/6903.md?p=33), based on the pro rata cost of long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury delivered to the facility.
    - (B) **Amount—** The amount of the fees described in [subparagraph (A)](#b-1-A)—
      - (i) shall be made publicly available not later than October 1, 2018;
      - (ii) may be adjusted annually;
      - (iii) shall be set in an amount sufficient to cover the costs described in [paragraph (2)](#b-2), subject to [clause (iv)](#b-1-B-iv); and
      - (iv) for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs [(B)](#g-2-B) and [(D)(iv)](#g-2-D-iv) of subsection (g)(2) if the facility designated in [subsection (a)](#a) is not operational by January 1, 2019, shall be adjusted to subtract the cost of the temporary accumulation during the period in which the facility designated under [subsection (a)](#a) is not operational.
    - (C) **Conveyance of title and permitting—** If the facility designated in [subsection (a)](#a) is not operational by January 1, 2020, the [Secretary](/usc/42/242q–4.md?p=2)—
      - (i) shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with [subsection (g)(2)(D)](#g-2-D), before January 1, 2020, and deliver the accumulated mercury to the facility designated under [subsection (a)](#a) on the date on which the facility becomes operational;
      - (ii) shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)); and
      - (iii) shall store, or pay the cost of [storage](/usc/42/6903.md?p=33) of, until the time at which a facility designated in [subsection (a)](#a) is operational, accumulated mercury to which the [Secretary](/usc/42/242q–4.md?p=2) has title under this subparagraph in a facility that has been issued a permit under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)).
  - (2) **Costs—** The costs referred to in [paragraph (1)(B)(iii)](#b-1-B-iii) are the costs to the Department of Energy of providing such management and [storage](/usc/42/6903.md?p=33), including facility operation and maintenance, security, monitoring, reporting, personnel, administration, inspections, training, fire suppression, closure, and other costs required for compliance with applicable law. Such costs shall not include costs associated with land acquisition or permitting of a designated facility under the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.] or other applicable law. Building design and building [construction](/usc/42/6903.md?p=2) costs shall only be included to the extent that the [Secretary](/usc/42/242q–4.md?p=2) finds that the management and [storage](/usc/42/6903.md?p=33) of elemental mercury accepted under the program under this section cannot be accomplished without [construction](/usc/42/6903.md?p=2) of a new building or buildings.
- (c) **Report—** Not later than 60 days after the end of each Federal fiscal year, the [Secretary](/usc/42/242q–4.md?p=2) shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on all of the costs incurred in the previous fiscal year associated with the long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury. Such report shall set forth separately the costs associated with activities taken under this section.
- (d) **Management standards for a facility—**
  - (1) **Guidance—** Not later than October 1, 2009, the [Secretary](/usc/42/242q–4.md?p=2), after consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and all appropriate [State agencies](/usc/42/300s–3.md?p=12) in affected [States](/usc/42/6903.md?p=31), shall make available, including to potential users of the long-term management and [storage](/usc/42/6903.md?p=33) program established under [subsection (a)](#a), guidance that establishes procedures and standards for the receipt, management, and long-term [storage](/usc/42/6903.md?p=33) of elemental mercury at a designated facility or facilities, including requirements to ensure appropriate use of flasks or other suitable shipping containers. Such procedures and standards shall be protective of human health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. In addition to such procedures and standards, elemental mercury managed and stored under this section at a designated facility shall be subject to the requirements of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.], including the requirements of subtitle C of that Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.], except as provided in [subsection (g)(2)](#g-2) of this section. A designated facility is authorized to operate under interim status pursuant to section 3005(e) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6925(e)](/usc/42/6925.md?p=e)] until a final decision on a permit application is made pursuant to section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)]. Not later than January 1, 2020, the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (or an authorized [State](/usc/42/6903.md?p=31)) shall issue a final decision on the permit application.
  - (2) **Training—** The [Secretary](/usc/42/242q–4.md?p=2) shall conduct operational training and emergency training for all staff that have responsibilities related to elemental mercury management, transfer, [storage](/usc/42/6903.md?p=33), monitoring, or response.
  - (3) **Equipment—** The [Secretary](/usc/42/242q–4.md?p=2) shall ensure that each designated facility has all equipment necessary for routine operations, emergencies, monitoring, checking inventory, loading, and storing elemental mercury at the facility.
  - (4) **Fire detection and suppression systems—** The [Secretary](/usc/42/242q–4.md?p=2) shall—
    - (A) ensure the installation of fire detection systems at each designated facility, including smoke detectors and heat detectors; and
    - (B) ensure the installation of a permanent fire suppression system, unless the [Secretary](/usc/42/242q–4.md?p=2) determines that a permanent fire suppression system is not necessary to protect human health and the environment.
- (e) **Indemnification of persons delivering elemental mercury—**
  - (1) **In general—**
    - (A) Except as provided in [subparagraph (B)](#e-1-B) and subject to [paragraph (2)](#e-2), the [Secretary](/usc/42/242q–4.md?p=2) shall hold harmless, defend, and indemnify in full any [person](/usc/42/6903.md?p=15) who delivers elemental mercury to a designated facility under the program established under [subsection (a)](#a) from and against any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of elemental mercury as a result of acts or omissions occurring after such mercury is delivered to a designated facility described in [subsection (a)](#a).
    - (B) To the extent that a [person](/usc/42/6903.md?p=15) described in [subparagraph (A)](#e-1-A) contributed to any such release or threatened release, [subparagraph (A)](#e-1-A) shall not apply.
  - (2) **Conditions—** No indemnification may be afforded under this subsection unless the [person](/usc/42/6903.md?p=15) seeking indemnification—
    - (A) notifies the [Secretary](/usc/42/242q–4.md?p=2) in writing within 30 days after receiving written notice of the claim for which indemnification is sought;
    - (B) furnishes to the [Secretary](/usc/42/242q–4.md?p=2) copies of pertinent papers the [person](/usc/42/6903.md?p=15) receives;
    - (C) furnishes evidence or proof of any claim, loss, or damage covered by this subsection; and
    - (D) provides, upon request by the [Secretary](/usc/42/242q–4.md?p=2), access to the records and personnel of the [person](/usc/42/6903.md?p=15) for purposes of defending or settling the claim or action.
  - (3) **Authority of Secretary—**
    - (A) In any case in which the [Secretary](/usc/42/242q–4.md?p=2) determines that the Department of Energy may be required to make indemnification payments to a [person](/usc/42/6903.md?p=15) under this subsection for any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage referred to in [paragraph (1)(A)](#e-1-A), the [Secretary](/usc/42/242q–4.md?p=2) may settle or defend, on behalf of that [person](/usc/42/6903.md?p=15), the claim for personal injury or property damage.
    - (B) In any case described in [subparagraph (A)](#e-3-A), if the [person](/usc/42/6903.md?p=15) to whom the Department of Energy may be required to make indemnification payments does not allow the [Secretary](/usc/42/242q–4.md?p=2) to settle or defend the claim, the [person](/usc/42/6903.md?p=15) may not be afforded indemnification with respect to that claim under this subsection.
- (f) **Terms, conditions, and procedures—** The [Secretary](/usc/42/242q–4.md?p=2) is authorized to establish such terms, conditions, and procedures as are necessary to carry out this section.
- (g) **Effect on other law—**
  - (1) **In general—** Except as provided in [paragraph (2)](#g-2), nothing in this section changes or affects any Federal, [State](/usc/42/6903.md?p=31), or local law or the obligation of any [person](/usc/42/6903.md?p=15) to comply with such law.
  - (2) **Exception—**
    - (A) Elemental mercury that the [Secretary](/usc/42/242q–4.md?p=2) is storing on a long-term basis shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)). For the purposes of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act, a generator accumulating elemental mercury destined for a facility designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for 90 days or less shall be deemed to be accumulating the mercury to facilitate proper [treatment](/usc/42/6903.md?p=34), recovery, or [disposal](/usc/42/6903.md?p=3).
    - (B) Elemental mercury may be stored at a facility with respect to which any permit has been issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)), and shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)) if—
      - (i) the [Secretary](/usc/42/242q–4.md?p=2) is unable to accept the mercury at a facility designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for reasons beyond the control of the [owner](/usc/42/13641.md?p=4) or operator of the permitted facility;
      - (ii) the [owner](/usc/42/13641.md?p=4) or operator of the permitted facility certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that it will ship the mercury to the designated facility when the [Secretary](/usc/42/242q–4.md?p=2) is able to accept the mercury; and
      - (iii) the [owner](/usc/42/13641.md?p=4) or operator of the permitted facility certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that it will not sell, or otherwise place into commerce, the mercury.
    - (C) [Subparagraph (B)](#g-2-B) shall not apply to mercury with respect to which the [owner](/usc/42/13641.md?p=4) or operator of the permitted facility fails to comply with a certification provided under clause [(ii)](#g-2-B-ii) or [(iii)](#g-2-B-iii) of that subparagraph.
    - (D) A generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities may accumulate the mercury produced onsite that is destined for a facility designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for more than 90 days without a permit issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)), and shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of that Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)), if—
      - (i) the [Secretary](/usc/42/242q–4.md?p=2) is unable to accept the mercury at a facility designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for reasons beyond the control of the generator;
      - (ii) the generator certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that the generator will ship the mercury to a designated facility when the [Secretary](/usc/42/242q–4.md?p=2) is able to accept the mercury;
      - (iii) the generator certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that the generator is storing only mercury the generator has produced or recovered onsite and will not sell, or otherwise place into commerce, the mercury; and
      - (iv) the generator has obtained an identification number under section 262.12 of title 40, Code of Federal Regulations, and complies with the requirements described in paragraphs (1) through (4) of section 262.34(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
    - (E) **Management standards for temporary storage.—** Not later than January 1, 2017, the [Secretary](/usc/42/242q–4.md?p=2), after consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and [State agencies](/usc/42/300s–3.md?p=12) in affected [States](/usc/42/6903.md?p=31), shall develop and make available guidance that establishes procedures and standards for the management and short-term [storage](/usc/42/6903.md?p=33) of elemental mercury at a generator covered under [subparagraph (D)](#g-2-D), including requirements to ensure appropriate use of flasks or other suitable containers. Such procedures and standards shall be protective of health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. A generator may accumulate mercury in accordance with [subparagraph (D)](#g-2-D) immediately upon enactment of this subparagraph, and notwithstanding that guidance called for by this paragraph has not been developed or made available.
- (h) **Study—** Not later than July 1, 2014, the [Secretary](/usc/42/242q–4.md?p=2) shall transmit to the Congress the results of a study, conducted in consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), that—
  - (1) determines the impact of the long-term [storage](/usc/42/6903.md?p=33) program under this section on mercury recycling; and
  - (2) includes proposals, if necessary, to mitigate any negative impact identified under [paragraph (1)](#h-1).

## Source credit

(Pub. L. 110–414, § 5, Oct. 14, 2008, 122 Stat. 4344; Pub. L. 114–182, title I, § 10(c), (d), June 22, 2016, 130 Stat. 478, 480.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsecs. (b)(2) and (d)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to this chapter. Subtitle C of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

### Codification

Section was enacted as part of the Mercury Export Ban Act of 2008, and not as part of the Solid Waste Disposal Act which comprises this chapter.

### Amendments

2016—Subsec. (a)(2). Pub. L. 114–182, § 10(c)(1), substituted “2019” for “2013”.

Subsec. (b)(1)(A). Pub. L. 114–182, § 10(c)(2)(A)(ii), designated first sentence of par. (1) as subpar. (A) and inserted heading. Former subpar. (A) redesignated cl. (i) of subpar. (B).

Subsec. (b)(1)(B). Pub. L. 114–182, § 10(c)(2)(A)(i), (iii), (iv), designated second sentence of par. (1) as subpar. (B), inserted heading, substituted “The amount of the fees described in subparagraph (A)” for “The amount of such fees” in introductory provisions, redesignated former subpars. (A) to (C) of par. (1) as cls. (i) to (iii), respectively, of subpar. (B) and realigned margins, substituted “publicly available not later than October 1, 2018” for “publically available not later than October 1, 2012” in cl. (i) and “, subject to clause (iv); and” for period at end of cl. (iii), and added cl. (iv).

Subsec. (b)(1)(C). Pub. L. 114–182, § 10(c)(2)(A)(v), added subpar. (C). Former subpar. (C) redesignated cl. (iii) of subpar. (B).

Subsec. (b)(2). Pub. L. 114–182, § 10(c)(2)(B), substituted “paragraph (1)(B)(iii)” for “paragraph (1)(C)” in first sentence.

Subsec. (d)(1). Pub. L. 114–182, § 10(d), struck out “in existence on or before January 1, 2013,” after “facility” in fourth sentence and substituted “January 1, 2020” for “January 1, 2015” in last sentence.

Subsec. (g)(2)(C). Pub. L. 114–182, § 10(c)(3)(A), (B), redesignated concluding provisions of subpar. (B) as (C), substituted “Subparagraph (B)” for “This subparagraph”, and inserted “of that subparagraph” before period at end.

Subsec. (g)(2)(D), (E). Pub. L. 114–182, § 10(c)(3)(C), added subpars. (D) and (E).

### Statutory Notes and Related Subsidiaries

### Deposit of Fees

Pub. L. 116–94, div. C, title III, § 309, Dec. 20, 2019, 133 Stat. 2681, provided that: “Beginning in fiscal year 2021 and for each fiscal year thereafter, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, shall be deposited in ‘Department of Energy—Energy Programs—Non-Defense Environmental Cleanup’ as discretionary offsetting collections.”