Sec. 4. PROHIBITION ON EXPORT OF ELEMENTAL MERCURY
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## SEC. 4 PROHIBITION ON EXPORT OF ELEMENTAL MERCURY Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended— ####
(1)in subsection
(a)by striking “subsection (b)” and inserting “subsections
(b)and (c)”; and ####
(2)by adding at the end the following: > > ### “(c) Prohibition on Export of Elemental Mercury > > > #### “(1) Prohibition > > Effective January 1, 2013, the export of elemental mercury from the United States is prohibited. > > > #### “(2) Inapplicability of subsection
(a)> > Subsection
(a)shall not apply to this subsection. > > > #### “(3) Report to congress on mercury compounds > > > ##### “(A) Report > > Not later than one year after the date of enactment of the Mercury Export Ban Act of 2008, the Administrator shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury compounds, if any, that may currently be used in significant quantities in products or processes. Such report shall include an analysis of— > > > ###### “(i) > > the sources and amounts of each of the mercury compounds imported into the United States or manufactured in the United States annually; > > > ###### “(ii) > > the purposes for which each of these compounds are used domestically, the amount of these compounds currently consumed annually for each purpose, and the estimated amounts to be consumed for each purpose in 2010 and beyond; > > > ###### “(iii) > > the sources and amounts of each mercury compound exported from the United States annually in each of the last three years; > > > ###### “(iv) > > the potential for these compounds to be processed into elemental mercury after export from the United States; and > > > ###### “(v) > > other relevant information that Congress should consider in determining whether to extend the export prohibition to include one or more of these mercury compounds. > > > ##### “(B) Procedure > > For the purpose of preparing the report under this paragraph, the Administrator may utilize the information gathering authorities of this title, including sections 10 and 11. > > > #### “(4) Essential use exemption > > > #####
(A)> > Any person residing in the United States may petition the Administrator for an exemption from the prohibition in paragraph (1), and the Administrator may grant by rule, after notice and opportunity for comment, an exemption for a specified use at an identified foreign facility if the Administrator finds that— > > > ###### “(i) > > nonmercury alternatives for the specified use are not available in the country where the facility is located; > > > ###### “(ii) > > there is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the elemental mercury will be used; > > > ###### “(iii) > > the country where the elemental mercury will be used certifies its support for the exemption; > > > ###### “(iv) > > the export will be conducted in such a manner as to ensure the elemental mercury will be used at the identified facility as described in the petition, and not otherwise diverted for other uses for any reason; > > > ###### “(v) > > the elemental mercury will be used in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; > > > ###### “(vi) > > the elemental mercury will be handled and managed in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; and > > > ###### “(vii) > > the export of elemental mercury for the specified use is consistent with international obligations of the United States intended to reduce global mercury supply, use, and pollution. > > > ##### “(B) > > Each exemption issued by the Administrator pursuant to this paragraph shall contain such terms and conditions as are necessary to minimize 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. No 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) > > The 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 conditions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under section 15, and shall be subject to penalties under section 16, injunctive relief under section 17, and citizen suits under section 20. > > > #### “(5) Consistency with trade obligations > > Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. > > > #### “(6) Export of coal > > Nothing in this subsection shall be construed to prohibit the export of coal.” > .
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Sec. 4
PROHIBITION ON EXPORT OF ELEMENTAL MERCURY
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