12 2 STA T .43 44 PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8‘ ‘ (vi i )the e xpor to f e l e m e n t a l mer cu r y for the s pecifie d use is consistent w ith international o b li g ations of the U nited S tates intended to reduce global mercury supply , use, and pollution . ‘‘( B ) E ach exemption issued by the A dministrator pursuant to this paragraph shall contain such terms and conditions as are necessary to minimi z e the export of elemental mercury and ensure that the conditions for granting the exemption will be fully met, and shall contain such other terms and conditions as the Administrator may prescribe. N o exemption granted pursuant to this paragraph shall exceed three years in duration and no such exemption shall exceed 10 metric tons of elemental mercury. ‘‘( C ) T he Administrator may by order suspend or cancel an exemption under this paragraph in the case of a violation described in subparagraph ( D ). ‘‘(D) A violation of this subsection or the terms and condi - tions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under section 1 5 , and shall be sub j ect to penalties under section 1 6 , injunctive relief under section 1 7 , and citizen suits under section 2 0. ‘‘(5) C ONSI S TE N CYW IT H T RAD EO BL I G ATIONS. — Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. ‘‘(6) E XP ORT O F COAL.—Nothing in this subsection shall be construed to prohibit the export of coal. ’ ’. SEC.5 . LONG-T E RM STOR A GE. (a) DESIGNATION OF F ACILITY.— (1) I N GENERAL.—Not later than J anuary 1, 2010, the Sec- retary of Energy (referred to in this section as the ‘‘Secretary’’) 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 O a kR idge Reservation of the Department of Energy, for the purpose of long-term management and storage of elemental mercury gen- erated within the United States. (2) OPERATION OF FACILITY.—Not later than January 1, 201 3 , the facility designated in paragraph (1) shall be oper- ational and shall accept custody, for the purpose of long-term management and storage, of elemental mercury generated within the United States and delivered to such facility. (b) FEES.— (1) IN GENERAL.—After consultation with persons who are likely to deliver elemental mercury to a designated facility for long-term management and storage under the program pre- scribed in subsection (a), and with other interested persons, the Secretary 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. The amount of such fees— (A) shall be made publically available not later than October 1, 2012
(B) may be adjusted annually; and Public i nformat ion .De a d line. 42USC693 9f.
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