Page:United States Statutes at Large Volume 122.djvu/4366

 12 2 STA T .43 43 PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8‘ ‘ (A)REPORT.—Notla t er t h a n one y ear a f ter the d ate of ena c t m ent of the M erc u ry Exp ort B an Act of 20 0 8, the Adm i ni s trator shall pu b lish and submit to C on g ress a report on mercuric chloride, mercurous chloride or cal - omel, mercuric oxide, and other mercury compounds, if any, that may currently be used in significant q uantities in products or processes. S uch report shall include an anal- ysis of— ‘‘(i) the sources and amounts of each of the mercury compounds imported into the U nited States or manu- factured in the United States annually ‘‘(ii) the purposes for w hich each of these com- pounds are used domestically, the amount of these compounds currently consumed annually for each pur- pose, and the estimated amounts to be consumed for each purpose in 20 1 0 and beyond; ‘‘(iii) the sources and amounts of each mercury compound exported from the United States annually in each of the last three years; ‘‘(i v ) the potential for these compounds to be proc- essed 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 mer- cury compounds. ‘‘(B) P RO C E DU RE.— F or the purpose of preparing the report under this paragraph, the Administrator may utili z e the information gathering authorities of this title, including sections 10 and 11. ‘‘( 4 )E S SE N T IAL USE E X E M PTION.—(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 mer- cury 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, ta k ing into account local, regional, and global human health and environmental impacts; ‘‘(vi) the elemental mercury will be handled and man- aged in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; and Publicat i on.

�