Sec. 10. EXPORTS
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## SEC. 10 EXPORTS ###
(a)In general Section 12(a)(2) of the Toxic Substances Control Act (15 U.S.C. 2611(a)(2)) is amended by striking “will present” and inserting “presents”. ###
(b)Prohibition on export of certain mercury compounds Section 12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)) is amended— ####
(1)in the subsection heading, by inserting “and Mercury Compounds” after “Mercury”; and ####
(2)by adding at the end the following: > > #### “(7) Prohibition on Export of Certain Mercury Compounds > > > ##### “(A) In general > > Effective January 1, 2020, the export of the following mercury compounds is prohibited: > > > ###### “(i) > > Mercury
(I)chloride or calomel. > > > ###### “(ii) > > Mercury
(II)oxide. > > > ###### “(iii) > > Mercury
(II)sulfate. > > > ###### “(iv) > > Mercury
(II)nitrate. > > > ###### “(v) > > Cinnabar or mercury sulphide. > > > ###### “(vi) > > Any mercury compound that the Administrator adds to the list published under subparagraph
(B)by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible. > > > ##### “(B) Publication > > 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. > > > ##### “(C) Petition > > Any person may petition the Administrator to add a mercury compound to the list published under subparagraph (B). > > > ##### “(D) Environmentally sound disposal > > This paragraph does not prohibit the export of mercury compounds on the list published under subparagraph
(B)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. > > > ##### “(E) Report > > 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 mercury compounds on the list published under subparagraph
(B)for disposal that occurred after such date of enactment and shall submit to Congress a report that— > > > ###### “(i) > > describes volumes and sources of mercury compounds on the list published under subparagraph
(B)exported for disposal; > > > ###### “(ii) > > identifies receiving countries of such exports; > > > ###### “(iii) > > describes methods of disposal used after such export; > > > ###### “(iv) > > identifies issues, if any, presented by the export of mercury compounds on the list published under subparagraph (B); > > > ###### “(v) > > includes an evaluation of management options in the United States for mercury compounds on the list published under subparagraph (B), if any, that are commercially available and comparable in cost and efficacy to methods being utilized in such receiving countries; and > > > ###### “(vi) > > makes a recommendation regarding whether Congress should further limit or prohibit the export of mercury compounds on the list published under subparagraph
(B)for disposal. > > > ##### “(F) Effect on other law > > Nothing in this paragraph shall be construed to affect the authority of the Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).” > . ###
(c)Temporary Generator Accumulation Section 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended— ####
(1)in subsection (a)(2), by striking “2013” and inserting “2019”; ####
(2)in subsection (b)— #####
(A)in paragraph (1)— ######
(i)by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively and indenting appropriately; ######
(ii)in the first sentence, by striking “ After consultation ” and inserting the following: > > ##### “(A) Assessment and collection > > After consultation” > ; ######
(iii)in the second sentence, by striking “ The amount of such fees ” and inserting the following: > > ##### “(B) Amount > > The amount of the fees described in subparagraph (A)” > ; ######
(iv)in subparagraph
(B)(as so designated)— ######
(I)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”; ######
(II)in clause
(ii)(as so redesignated), by striking “and”; ######
(III)in clause
(iii)(as so redesignated), by striking the period at the end and inserting “, subject to clause (iv); and”; and ######
(IV)by adding at the end the following: > > ###### “(iv) > > 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 ######
(v)by adding at the end the following: > > ##### “(C) Conveyance of title and permitting > > If the facility designated in subsection
(a)is not operational by January 1, 2020, the Secretary— > > > ###### “(i) > > 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; > > > ###### “(ii) > > 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 > > > ###### “(iii) > > 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 #####
(B)in paragraph (2), in the first sentence, by striking “paragraph (1)(C)” and inserting “paragraph (1)(B)(iii)”; and ####
(3)in subsection (g)(2)— #####
(A)in the undesignated material at the end, by striking “ This subparagraph ” and inserting the following: > > ##### “(C) > > Subparagraph (B)” > ; #####
(B)in subparagraph
(C)(as designated by subparagraph (A)), by inserting “of that subparagraph” before the period at the end; and #####
(C)by adding at the end the following: > > ##### “(D) > > 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— > > > ###### “(i) > > 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; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > 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 > > > ###### “(iv) > > 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). > > > ##### “(E) Management standards for temporary storage > > 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 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 subparagraph, and notwithstanding that guidance called for by this paragraph has not been developed or made available.” > . ###
(d)Interim Status Section 5(d)(1) of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended— ####
(1)in the fourth sentence, by striking “in existence on or before January 1, 2013,”; and ####
(2)in the last sentence, by striking “January 1, 2015” and inserting “January 1, 2020”.
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