81 FR 58926 - Mercury Compounds; Prohibition of Export
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 166 (August 26, 2016)
Federal Register Volume 81, Issue 166 (August 26, 2016)
| Page Range | 58926-58927 | |
| FR Document | 2016-20534 |
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)] [Notices] [Pages 58926-58927] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20534] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0411; FRL-9950-21] Mercury Compounds; Prohibition of Export AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA was directed by Congress to publish in the Federal Register a list of mercury compounds that are prohibited from export, not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act), which amended the Toxic Substances Control Act (TSCA). The Act was enacted on June 22, 2016. Effective January 1, 2020, the statute prohibits export of: Mercury (I) chloride or calomel; mercury (II) oxide; mercury (II) sulfate; mercury (II) nitrate; and cinnabar or mercury sulphide, unless those mercury compounds are exported to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export. EPA is not soliciting comments on this notice. FOR FURTHER INFORMATION CONTACT: For technical information contact: Sue Slotnick, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 566-1973; email address: [email protected]. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you manufacture or export any of the five listed mercury compounds. The following list of North American Industrial Classification [[Page 58927]] System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Other Basic Inorganic Chemical Manufacturing (NAICS code 325180), e.g., manufacturers of basic inorganic chemicals (except industrial gases and synthetic dyes and pigments); All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS code 325998), e.g., manufacturers of chemical products (except basic chemicals, resins, synthetic rubber; cellulosic and noncellulosic fiber and filaments; pesticides, fertilizers, and other agricultural chemicals; pharmaceuticals and medicines; paints, coatings and adhesives; soap, cleaning compounds, and toilet preparations; printing inks; explosives; custom compounding of purchased resins; and photographic films, papers, plates, and chemicals); Analytical Laboratory Instrument Manufacturing (NAICS code 334516), e.g., manufacturers of instruments and instrumentation systems for laboratory analysis of the chemical or physical composition or concentration of samples of solid, fluid, gaseous, or composite material; or Other Chemical and Allied Products Merchant Wholesalers (NAICS code 424690), e.g., merchant wholesale distributors of chemicals and allied products (except agricultural and medicinal chemicals, paints and varnishes, fireworks, and plastics materials and basic forms and shapes). II. What action is the Agency taking? As directed in TSCA section 12(c)(7)(B), 15 U.S.C. 2611(c)(7)(B), EPA is publishing a list of mercury compounds prohibited from export under TSCA section 12(c), as amended. EPA must publish this list not later than 90 days after June 22, 2016 (15 U.S.C. 2611(c)(7)(B)). Effective January 1, 2020, the statute prohibits export of: Mercury (I) chloride or calomel; mercury (II) oxide; mercury (II) sulfate; mercury (II) nitrate; and cinnabar or mercury sulphide (15 U.S.C. 2611(c)(7)(A)(i)-(v)). The respective Chemical Abstracts Service Registry Numbers (CASRN) associated with the enumerated chemical substances are: 10112-91-1, 21908-53-2, 7783-35-9, 10045-94-0, and 1344-48-5. The statute also provides that EPA, on determining that exporting any additional mercury compound for the purpose of regenerating elemental mercury is technically feasible, may add by rule such mercury compound to the published list (15 U.S.C. 2611(c)(7)(A)(vi)). In addition, any person may petition EPA to add a mercury compound to this published list (15 U.S.C. 2611(c)(7)(C)). The statute provides an exception to the export prohibition for export of listed mercury compounds to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export (15 U.S.C. 2611(c)(7)(D)). EPA is not soliciting comments on this notice. Authority: 15 U.S.C. 2611(c) Dated: August 12, 2016. Jim Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2016-20534 Filed 8-25-16; 8:45 am] BILLING CODE 6560-50-P
![58926 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices
III. Nominations Sought relevant to chemical risk assessment Dated: August 17, 2016.
Potentially, 9 of the 14 members of and pollution prevention. In particular, James Jones,
the SACC will be selected from the nominees should include Assistant Administrator, Office of Chemical
representation of the following Safety and Pollution Prevention.
interested and available members of the
existing EPA Chemical Safety Advisory disciplines, including, but not limited [FR Doc. 2016–20550 Filed 8–25–16; 8:45 am]
Committee (CSAC). Brief biographical to: Human health and ecological risk BILLING CODE 6560–50–P
sketches for CSAC members are posted assessment, biostatistics, epidemiology,
on the CSAC Web site at https:// pediatrics, physiologically-based
www.epa.gov/csac/chemical-safety- pharmacokinetics (PBPK), toxicology ENVIRONMENTAL PROTECTION
advisory-committee-members. CSAC and pathology (including AGENCY
members who are interested and neurotoxicology, developmental/ [EPA–HQ–OPPT–2016–0411; FRL–9950–21]
available for the SACC include: reproductive toxicology, and
1. Holly Davies, Ph.D., Senior carcinogenesis), and chemical exposure Mercury Compounds; Prohibition of
Toxicologist, Department of Ecology, to susceptible life stages and Export
State of Washington, Olympia, WA. subpopulations (including women, AGENCY: Environmental Protection
2. William Doucette, Ph.D., Professor, children, and others). EPA values and Agency (EPA).
Department of Civil and Environmental welcomes diversity and encourages ACTION: Notice.
Engineering, Utah State University, nominations of women and men of all
Logan, UT. racial and ethnic groups. SUMMARY: EPA was directed by Congress
3. Panos G. Georgopoulos, Ph.D., to publish in the Federal Register a list
Professor of Environmental and IV. Selection Criteria of mercury compounds that are
Occupational Health, Rutgers prohibited from export, not later than 90
Biomedical and Health Sciences— In addition to scientific expertise, in
days after the date of enactment of the
School of Public Health, Rutgers, The selecting members, EPA will consider
Frank R. Lautenberg Chemical Safety for
State University of New Jersey, the differing perspectives and breadth of the 21st Century Act (the Act), which
Piscataway, NJ. collective experience needed to address amended the Toxic Substances Control
4. Kathleen Gilbert, Ph.D., Professor, EPA’s charge to the SACC, as well as the Act (TSCA). The Act was enacted on
Department of Microbiology and following: June 22, 2016. Effective January 1, 2020,
Immunology, University of Arkansas for • Background and experiences that the statute prohibits export of: Mercury
Medical Sciences, Little Rock, AR. would contribute to the diversity of (I) chloride or calomel; mercury (II)
5. John Kissel, Ph.D., Professor of scientific viewpoints on the committee, oxide; mercury (II) sulfate; mercury (II)
Environmental and Occupational Health including professional experiences in nitrate; and cinnabar or mercury
Sciences, University of Washington, government, labor, public health, public sulphide, unless those mercury
Seattle, WA. compounds are exported to member
interest, animal protection, industry,
6. Jaymie Meliker, Ph.D., Associate countries of the Organization for
and other groups, as the EPA
Professor, Program in Public Health, Economic Co-operation and
Department of Family, Population, & Administrator determines to be
advisable (e.g., geographical location; Development for environmentally sound
Preventive Medicine, Stony Brook disposal, on the condition that no
University, Stony Brook, NY. social and cultural backgrounds; and
professional affiliations); mercury or mercury compounds so
7. Kenneth Portier, Ph.D., Vice exported are to be recovered, recycled,
President, Statistics and Evaluation • Skills and experience working on or reclaimed for use, or directly reused,
Center, American Cancer Society, committees and advisory panels after such export. EPA is not soliciting
Atlanta, GA. including demonstrated ability to work comments on this notice.
8. Daniel Schlenk, Ph.D., Professor of constructively and effectively in a FOR FURTHER INFORMATION CONTACT: For
Aquatic Ecotoxicology and committee setting; technical information contact: Sue
Environmental Toxicology, University
• Absence of financial conflicts of Slotnick, National Program Chemicals
of California, Riverside, Riverside, CA. Division, Office of Pollution Prevention
9. Kristina Thayer, Ph.D., Deputy interest or the appearance of a loss of
impartiality; and Toxics, Environmental Protection
Division Director of Analysis and Agency, 1200 Pennsylvania Ave. NW.,
Director, Office of Health Assessment • Willingness to commit adequate
Washington, DC 20460–0001; telephone
and Translation, National Toxicology time for the thorough review of number: (202) 566–1973; email address:
Program, National Institute of materials provided to the committee; slotnick.sue@epa.gov.
Environmental Health Sciences, and For general information contact: The
Research Triangle Park, NC. • Availability to participate in TSCA-Hotline, ABVI-Goodwill, 422
In addition to the 9 interested and committee meetings. South Clinton Ave., Rochester, NY
available members of CSAC, EPA 14620; telephone number: (202) 554–
anticipates selecting 5 new members for The names, affiliations and brief
biographical sketches of the interested 1404; email address: TSCA-Hotline@
the SACC. Nominations for membership epa.gov.
are being solicited through publication and available nominees will be
of this document in the Federal Register published in the Federal Register for a SUPPLEMENTARY INFORMATION:
and through other sources. Any 30 day public comment period. This
mstockstill on DSK3G9T082PROD with NOTICES
I. General Information
interested person or organization may same information for those who are
nominate him or herself or any qualified selected by EPA to serve on the SACC A. Does this action apply to me?
individual to be considered for the will be available on the EPA Web site You may be potentially affected by
SACC. Nominations should include at https://www.epa.gov/csac. this action if you manufacture or export
candidates who have demonstrated high Authority: 15 U.S.C. 2625 et seq.; 5 U.S.C.
any of the five listed mercury
levels of competence, knowledge, and Appendix 2 et seq.
compounds. The following list of North
expertise in scientific/technical fields American Industrial Classification
VerDate Sep<11>2014 21:17 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/81_FR_59092/page/1.svg)
![Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices 58927
System (NAICS) codes is not intended published list (15 U.S.C. DATES: Written comments on the
to be exhaustive, but rather provides a 2611(c)(7)(A)(vi)). In addition, any proposed settlement agreement must be
guide to help readers determine whether person may petition EPA to add a received by September 26, 2016.
this document applies to them. mercury compound to this published ADDRESSES: Submit your comments,
Potentially affected entities may list (15 U.S.C. 2611(c)(7)(C)). The statute identified by Docket ID number EPA–
include: provides an exception to the export HQ–OGC–2016–0498, online at
• Other Basic Inorganic Chemical prohibition for export of listed mercury www.regulations.gov (EPA’s preferred
Manufacturing (NAICS code 325180), compounds to member countries of the method); by email to oei.docket@
e.g., manufacturers of basic inorganic Organization for Economic Co-operation epa.gov; mailed to EPA Docket Center,
chemicals (except industrial gases and and Development for environmentally Environmental Protection Agency,
synthetic dyes and pigments); sound disposal, on the condition that no Mailcode: 2822T, 1200 Pennsylvania
• All Other Miscellaneous Chemical mercury or mercury compounds so Ave. NW., Washington, DC 20460–0001;
Product and Preparation Manufacturing exported are to be recovered, recycled, or by hand delivery or courier to EPA
(NAICS code 325998), e.g., or reclaimed for use, or directly reused, Docket Center, EPA West, Room 3334,
manufacturers of chemical products after such export (15 U.S.C. 1301 Constitution Ave. NW.,
(except basic chemicals, resins, 2611(c)(7)(D)). EPA is not soliciting Washington, DC, between 8:30 a.m. and
synthetic rubber; cellulosic and comments on this notice. 4:30 p.m. Monday through Friday,
noncellulosic fiber and filaments; excluding legal holidays. Comments on
pesticides, fertilizers, and other Authority: 15 U.S.C. 2611(c)
a disk or CD–ROM should be formatted
agricultural chemicals; pharmaceuticals Dated: August 12, 2016.
in Word or ASCII file, avoiding the use
and medicines; paints, coatings and Jim Jones,
of special characters and any form of
adhesives; soap, cleaning compounds, Assistant Administrator, Office of Chemical encryption, and may be mailed to the
and toilet preparations; printing inks; Safety and Pollution Prevention.
mailing address above.
explosives; custom compounding of [FR Doc. 2016–20534 Filed 8–25–16; 8:45 am]
purchased resins; and photographic FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
films, papers, plates, and chemicals); Susan Stahle, Air and Radiation Law
• Analytical Laboratory Instrument Office (2344A), Office of General
Manufacturing (NAICS code 334516), Counsel, U.S. Environmental Protection
ENVIRONMENTAL PROTECTION
e.g., manufacturers of instruments and Agency, 1200 Pennsylvania Ave. NW.,
AGENCY
instrumentation systems for laboratory Washington, DC 20460; telephone: (202)
analysis of the chemical or physical [EPA–HQ–OGC–2016–0498; FRL–9951–53– 564–1272; fax number (202) 564–5603;
OGC] email address: stahle.susan@epa.gov.
composition or concentration of
samples of solid, fluid, gaseous, or SUPPLEMENTARY INFORMATION:
Proposed Settlement Agreement,
composite material; or Clean Air Act Citizen Suit I. Additional Information About the
• Other Chemical and Allied
Proposed Settlement Agreement
Products Merchant Wholesalers (NAICS AGENCY: Environmental Protection
code 424690), e.g., merchant wholesale Agency (EPA). The proposed settlement agreement
distributors of chemicals and allied ACTION: Notice of proposed settlement would settle Petitioners’ petitions for
products (except agricultural and agreement; request for public comment. review in the United States Court of
medicinal chemicals, paints and Appeals for the Ninth Circuit
varnishes, fireworks, and plastics SUMMARY: In accordance with section challenging, under CAA section
materials and basic forms and shapes). 113(g) of the Clean Air Act, as amended 307(b)(1), the CAA provisions of the
(‘‘CAA’’), notice is hereby given of a Amended Order. The proposed
II. What action is the Agency taking? proposed settlement agreement to settle settlement agreement would require
As directed in TSCA section lawsuits filed by CTA Construction and Petitioners to voluntarily dismiss their
12(c)(7)(B), 15 U.S.C. 2611(c)(7)(B), EPA Environmental, LLC, and National petitions for review of the Amended
is publishing a list of mercury Electric Coil, Inc. (‘‘Petitioners’’), in the Order, with prejudice, in exchange for
compounds prohibited from export United States Court of Appeals for the EPA’s agreement that EPA will not seek
under TSCA section 12(c), as amended. Ninth Circuit: CTA Construction and administrative or civil penalties from
EPA must publish this list not later than Environmental, LLC, et al., v. EPA, Nos. the Petitioners for the CAA violations
90 days after June 22, 2016 (15 U.S.C. 15–72796 and 15–72810. On September alleged in the Amended Order. The
2611(c)(7)(B)). Effective January 1, 2020, 15, 2015, Petitioners filed petitions for proposed settlement agreement also
the statute prohibits export of: Mercury review challenging, generally, the provides for each party to bear its own
(I) chloride or calomel; mercury (II) Environmental Protection Agency’s litigation costs.
oxide; mercury (II) sulfate; mercury (II) (EPA) July 15, 2015, administrative For a period of 30 days following the
nitrate; and cinnabar or mercury compliance order (‘‘Amended Order’’) date of publication of this notice, the
sulphide (15 U.S.C. 2611(c)(7)(A)(i)–(v)). issued by EPA under the CAA and the Agency will receive written comments
The respective Chemical Abstracts Resource Conservation and Recovery relating to the proposed settlement
Service Registry Numbers (CASRN) Act (‘‘RCRA’’) and challenging, agreement from persons who were not
associated with the enumerated specifically, the CAA provisions of the named as parties or intervenors to the
chemical substances are: 10112–91–1, Amended Order. Under the terms of the litigation in question. EPA or the
21908–53–2, 7783–35–9, 10045–94–0, proposed settlement agreement, Department of Justice may withdraw or
mstockstill on DSK3G9T082PROD with NOTICES
and 1344–48–5. The statute also Petitioners will voluntarily dismiss their withhold consent to the proposed
provides that EPA, on determining that petitions for review of the Amended settlement agreement if the comments
exporting any additional mercury Order, with prejudice, in exchange for disclose facts or considerations that
compound for the purpose of EPA’s agreement that EPA will not seek indicate that such consent is
regenerating elemental mercury is administrative or civil penalties from inappropriate, improper, inadequate, or
technically feasible, may add by rule the Petitioners for the CAA violations inconsistent with the requirements of
such mercury compound to the alleged in the Amended Order. the Act. Unless EPA or the Department
VerDate Sep<11>2014 21:17 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/81_FR_59092/page/2.svg)
Document Created: 2016-08-26 10:40:18
Document Modified: 2016-08-26 10:40:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | For technical information contact: Sue Slotnick, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: | |
| FR Citation | 81 FR 58926 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR