81 FR 58926 - Mercury Compounds; Prohibition of Export

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 166 (August 26, 2016)

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.

[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