Page:United States Statutes at Large Volume 122.djvu/4370

 12 2 STA T .43 4 7PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8(f)TERMS,CONDIT IONS, A ND P RO C ED U RES .— T heS e cr e ta r yis a u th o ri z e d to esta bl ish such ter m s, co n ditions, and p rocedures as are necessary to carry out this section. ( g ) EF FECT ON O T H ER L A W .— ( 1 ) I N G ENERA L .—E x cept as pro v ided in paragraph ( 2 ), nothing in this section changes or affects any F ederal, State, or local la w or the obligation of any person to comply with such law. (2) E X CE P TION.—( A ) Elemental mercury that the Secretary is storing on a long - term basis shall not be sub j ect to the storage prohibition of section 30 0 4 (j) of the Solid W aste D isposal Act (42 U .S.C. 69 24(j)). For the purposes of section 3004(j) of the Solid Waste Disposal Act, a generator accumulating elemental mercury destined for a facility designated by the Secretary under subsection (a) for 90 days or less shall be deemed to be accumulating the mercury to facilitate proper treatment, recovery, or disposal. ( B ) Elemental mercury may be stored at a facility with respect to which any permit has been issued under section 300 5 (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 the Solid Waste Disposal 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 owner or operator of the permitted facility (ii) the owner or operator of the permitted facility certifies in writing to the Secretary that it will ship the mercury to the designated facility when the Secretary is able to accept the mercury; and (iii) the owner or operator of the permitted facility certifies in writing to the Secretary that it will not sell, or otherwise place into commerce, the mercury. This subparagraph shall not apply to mercury with respect to which the owner or operator of the permitted facility fails to comply with a certification provided under clause (ii) or (iii). (h) STUD Y .— N ot later than J uly 1, 2014, the Secretary shall transmit to the Congress the results of a study, conducted in con- sultation with the Administrator of the Environmental Protection Agency, that— (1) determines the impact of the long-term storage program under this section on mercury recycling; and (2) includes proposals, if necessary, to mitigate any negative impact identified under paragraph (1). SEC.6 . R E PO R T TO CO NG RESS. At least 3 years after the effective date of the prohibition on export of elemental mercury under section 12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)), as added by section 4 of this Act, but not later than January 1, 201 7, the Administrator of the Environmental Protection Agency shall transmit to the Com- mittee on Energy and Commerce of the H ouse of R epresentatives and the Committee on Environment and Public Wor k s of the Senate a report on the global supply and trade of elemental mercury, including but not limited to the amount of elemental mercury Deadlin e .C e rt i f i c ati o n.

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