Page:United States Statutes at Large Volume 122.djvu/4365

 12 2 STA T .43 42 PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8(9)thein tenti o n alus eo fm e rc ur y is d eclinin g in the U nited S tates as a conse q uence of p rocess changes to manufactured products (including b atteries, paints, s w itches, and measuring de v ices), but those uses remain substantial in the developing world where releases from the products are e x tremely li k ely due to the limited pollution control and waste management infrastructures in those countries ( 10 ) the member countries of the E uropean Union collec - tively are the largest source of elemental mercury exports glob- ally; (11) the European C ommission has proposed to the Euro- pean P arliament and to the Council of the European Union a regulation to ban exports of elemental mercury from the European Union by 2 011; (12) the United States is a net exporter of elemental mer- cury and, according to the United States G eological Survey, exported 5 0 6 metric tons of elemental mercury more than the United States imported during the period of 2000 through 200 4 (1 3 ) banning exports of elemental mercury from the United States will have a notable effect on the market availability of elemental mercury and switching to affordable mercury alter- natives in the developing world .SEC.3 . PROHIB I T IO N ONS AL E ,D ISTRIB U TION, OR TRANS F ER OF ELE -M ENTAL MERCUR Y . Section 6 of the T oxic Substances Control A ct (15 U.S.C. 2605) is amended by adding at the end the following
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‘(f) MERCU R Y . — ‘‘(1) PR OHIB I T IO N ON SAL E, D ISTRIBUTION, OR TRANS F ER OF ELE M ENTAL MERCURY BY FEDERAL A G ENCIES.—Except as pro- vided in paragraph (2), effective beginning on the date of enact- ment of this subsection, no F ederal agency shall convey, sell, or distribute to any other Federal agency, any State or local government agency, or any private individual or entity any elemental mercury under the control or j urisdiction of the Fed- eral agency. ‘‘(2) E X CE P TIONS.—Paragraph (1) shall not apply to— ‘‘(A) a transfer between Federal agencies of elemental mercury for the sole purpose of facilitating storage of mer- cury to carry out this Act; or ‘‘( B ) a conveyance, sale, distribution, or transfer of coal. ‘‘(3) L EASES OF FEDERAL COAL.— N othing in this subsection prohibits the leasing of coal. ’ ’. SEC. 4 . PROHIBITION ON E X PORT 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 J anuary 1, 2013, the export of elemental mercury from the United States is prohibited. ‘‘(2) I NAPPLICABILITY OF SUBSECTION ( a ) .—Subsection (a) shall not apply to this subsection. ‘‘(3) R EPORT TO CONGRESS ON MERCURY COMPOUNDS.— Ef f ectiv e da te . Effective date.

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