12 2 STA T .43 4 5PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8(C)shal l be se tin ana mou nt su f fi c ient to co v e r the costs d escribed in p ara g raph ( 2 ) . (2) C OST S. —T he costs referred to in paragraph ( 1 )(C) are the costs to the D epartment of E nerg y of providing such management and storage , including facility operation and maintenance, security, monitoring, reporting, personnel, administration, inspections, training, fire suppression, closure, and other costs re q uired for compliance w ith applicable law. S uch costs shall not include costs associated with land acquisi - tion or permitting of a designated facility under the Solid W aste Disposal A ct or other applicable law. B uilding design and building construction costs shall only be included to the e x tent that the Secretary finds that the management and stor- age of elemental mercury accepted under the program under this section cannot be accomplished without construction of a new building or buildings. (c) REP O R T.— N ot later than 60 days after the end of each F ederal fiscal year, the Secretary shall transmit to the Committee on Energy and Commerce of the H ouse of Representatives and the Committee on Environment and P ublic Wor k s of the Senate a report on all of the costs incurred in the previous fiscal year associated with the long-term management and storage of elemental mercury. Such report shall set forth separately the costs associated with activities taken under this section. (d) MAN A G E M ENT STAN D ARDS F ORAFA CIL IT Y .— (1) GU IDANCE.—Not later than O ctober 1, 200 9 , the Sec- retary, after consultation with the Administrator of the Environmental Protection Agency and all appropriate State agencies in affected States, shall make available, including to potential users of the long-term management and storage program established under subsection (a), guidance that estab- lishes procedures and standards for the receipt, management, and long-term storage of elemental mercury at a designated facility or facilities, including requirements to ensure appro- priate 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 mer- cury is stored in a safe, secure, and effective manner. I n addi- tion to such procedures and standards, elemental mercury man- aged and stored under this section at a designated facility shall be sub j ect to the requirements of the Solid Waste Disposal Act, including the requirements of subtitle C of that Act, except as provided in subsection (g)(2) of this section. A designated facility in existence on or before J anuary 1, 201 3 , is authori z ed to operate under interim status pursuant to section 300 5 (e) of the Solid Waste Disposal Act until a final decision on a permit application is made pursuant to section 3005(c) of the Solid Waste Disposal Act. Not later than January 1, 2015, the Administrator of the Environmental Protection Agency (or an authorized State) shall issue a final decision on the permit application. (2) TRAINING.—The Secretary shall conduct operational training and emergency training for all staff that have respon- sibilities related to elemental mercury management, transfer, storage, monitoring, or response. Deadlin e .Proc ed u re s . St andards.
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