Sec. 29. Elemental mercury
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Section 5 of the Mercury Export Ban Act of 2008 ( 42 U.S.C. 6939f ) is amended— in subsection (a)(2), by striking 2013 and inserting 2019 ; in subsection (b)— in paragraph (1)— by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively and indenting appropriately; in the first sentence, by striking After consultation and inserting the following: After consultation ; in the second sentence, by striking The amount of such fees and inserting the following: The amount of the fees described in subparagraph
(A); in subparagraph
(B)(as so designated)— in clause
(i)(as so redesignated), by striking publically available not later than October 1, 2012 and inserting publicly available not later than October 1, 2018 ; in clause
(ii)(as so redesignated), by striking and ; in clause
(iii)(as so redesignated), by striking the period at the end and inserting , subject to clause (iv); and ; and by adding at the end the following: for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs
(B)and (D)(iv) of subsection (g)(2) if the facility designated in subsection
(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)is not operational. ; and by adding at the end the following: If the facility designated in subsection
(a)is not operational by January 1, 2020, the Secretary— shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with subsection (g)(2)(D), before January 1, 2020, and deliver the accumulated mercury to the facility designated under subsection
(a)on the date on which the facility becomes operational; shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6925(c) ); and shall store, or pay the cost of storage of, until the time at which a facility designated in subsection
(a)is operational, accumulated mercury to which the Secretary has title under this subparagraph in a facility that has been issued a permit under section 3005(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6925(c) ). ; and in paragraph (2), in the first sentence, by striking paragraph (1)(C) and inserting paragraph (1)(B)(iii) ; and in subsection (g)(2)— in the undesignated material at the end, by striking This subparagraph and inserting the following: Subparagraph
(B); in subparagraph
(C)(as added by paragraph (1)), by inserting of that subparagraph before the period at the end; and by adding at the end the following: 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 under subsection (a), for more than 90 days without a permit issued under section 3005(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6925(c) ), and shall not be subject to the storage prohibition of section 3004(j) of that Act ( 42 U.S.C. 6924(j) ), if— the Secretary is unable to accept the mercury at a facility designated by the Secretary under subsection
(a)for reasons beyond the control of the generator; the generator certifies in writing to the Secretary that the generator will ship the mercury to a designated facility when the Secretary is able to accept the mercury; the generator certifies in writing to the Secretary 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 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). Not later than January 1, 2017, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and State agencies in affected States, shall develop and make available guidance that establishes procedures and standards for the management and short-term storage of elemental mercury at a generator covered under subparagraph (D), including requirements to ensure appropriate use of flasks or other suitable 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. A generator may accumulate mercury in accordance with subparagraph
(D)immediately upon enactment of this Act, and notwithstanding that guidance called for by this paragraph
(E)has not been developed or made available. . Section 5(d)(1) of the Mercury Export Ban Act of 2008 ( 42 U.S.C. 6939f(d)(1) ) is amended— in the fourth sentence, by striking in existence on or before January 1, 2013, ; and in the last sentence, by striking January 1, 2015 and inserting January 1, 2020 . Section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ) (as amended by section 10(2)) is amended by adding at the end the following: In this paragraph, notwithstanding section 3(2)(B), the term mercury means— elemental mercury; and a mercury compound. Not later than April 1, 2017, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of mercury supply, use, and trade in the United States. In carrying out the inventory under subparagraph (B), the Administrator shall— identify any remaining manufacturing processes or products that intentionally add mercury; and recommend actions, including proposed revisions of Federal law (including regulations), to achieve further reductions in mercury use. To assist in the preparation of the inventory under subparagraph (B), any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to the Administrator, at such time and including such information as the Administrator shall determine by rule promulgated not later than 2 years after the date of enactment of this paragraph. To avoid duplication, the Administrator shall coordinate the reporting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse. This subparagraph shall not apply to a person engaged in the generation, handling, or management of mercury-containing waste, unless that person manufactures or recovers mercury in the management of that waste. . Section 12(c) of the Toxic Substances Control Act ( 15 U.S.C. 2611(c) ) (as amended by section 13(3)) is amended— in the subsection heading, by inserting after and mercury compounds ; and mercury by inserting after paragraph
(2)the following: Effective January 1, 2020, the export of the following mercury compounds is prohibited: Mercury
(I)chloride or calomel. Mercury
(II)oxide. Mercury
(II)sulfate. Mercury
(II)nitrate. Cinnabar or mercury sulphide. Any mercury compound that the Administrator, at the discretion of the Administrator, adds to the list by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible. Not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , and as appropriate thereafter, the Administrator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph. Any person may petition the Administrator to add to the list of mercury compounds prohibited from export. This paragraph does not prohibit the export of mercury
(I)chloride or calomel for environmentally sound disposal to member countries of the Organization for Economic Cooperation and Development, on the condition that no mercury or mercury compounds are to be recovered, recycled, or reclaimed for use, or directly reused. Not later than 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , the Administrator shall evaluate any exports of calomel for disposal that occurred since that date of enactment and shall submit to Congress a report that contains the following: volumes and sources of calomel exported for disposal; receiving countries of such exports; methods of disposal used; issues, if any, presented by the export of calomel; evaluation of calomel management options in the United States, if any, that are commercially available and comparable in cost and efficacy to methods being utilized in the receiving countries; and a recommendation regarding whether Congress should further limit or prohibit the export of calomel for disposal. Nothing in this paragraph shall be construed to affect the authority of the Administrator under Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). .
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