Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 26225 

the Rules and Regulations section of this 

Federal Register, we are approving 

these local rules in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: March 31, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–11035 Filed 5–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2010–0630; FRL–8871–7] 

RIN 2070–AJ71 

Elemental Mercury Used in 

Barometers, Manometers, 

Hygrometers/Psychrometers; 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a significant 

new use rule (SNUR) under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) for elemental mercury for 

use in barometers, manometers, and 

hygrometers/psychrometers. This action 

would require persons who intend to 

manufacture (including import) or 

process elemental mercury for an 

activity that is designated as a 

significant new use by this proposed 

rule to notify EPA at least 90 days before 

commencing that activity. The required 

notification would provide EPA with 

the opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. Not 

included in this proposed SNUR is 

mercury use in barometers, manometers, 

and hygrometers/psychrometers when 

they are in service as of the publication 

date of this proposed rule and mercury 

use in portable battery-powered motoraspirated psychrometers that contain 

fewer than seven grams of elemental 

mercury because they are currently 

manufactured. For this proposed rule, 

the general SNUR exemption for 

persons that import or process chemical 

substances as part of an article at 

§ 721.45(f) would not apply. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0630, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2010–0630. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2010–0630. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Sue 

Slotnick, National Program Chemicals 

Division (7404T), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 556– 

1973; e-mail address: 

slotnick.sue@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: 

TSCA-Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) or process 

elemental mercury used in barometers, 

manometers, or hygrometers/ 


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psychrometers. Potentially affected 

entities may include, but are not limited 

to: 

• Manufacturers of instruments and 

related products for measuring, 

displaying, and controlling industrial 

process variables (NAICS code 334513). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Persons who import 

any chemical substance governed by a 

final SNUR are subject to the TSCA 

section 13 (15 U.S.C. 2612) import 

certification requirements and the 

corresponding regulations at 19 CFR 

12.118 through 12.127; see also 19 CFR 

127.28. Those persons must certify that 

the shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this proposed rule 

on or after June 6, 2011 are subject to 

the export notification provisions of 

TSCA section 12(b) (15 U.S.C. 2611(b)), 

(see § 721.20), and must comply with 

the export notification requirements in 

40 CFR part 707, subpart D. Note that 

as of January 1, 2013, the Mercury 

Export Ban Act of 2008 prohibits the 

export of elemental mercury from the 

United States (see TSCA section 12(c) 

(15 U.S.C. 2611(c))). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the agency taking? 

This proposed SNUR would require 

persons to notify EPA at least 90 days 

before commencing the manufacture, 

import, or processing of elemental 

mercury for any of the following 

significant new uses: Barometers, 

manometers, and hygrometers/ 

psychrometers. Not included in this 

proposed rule are barometers, 

manometers, and hygrometers/ 

psychrometers when they are in service 

as of the publication date of this 

proposed rule. Also not included in this 

proposal is the ongoing use of mercury 

in the manufacture, import, or 

processing of portable battery-powered 

motor-aspirated psychrometers that 

contain fewer than seven grams of 

elemental mercury because they are 

currently manufactured. 

Sphygmomanometers and other 

‘‘devices’’ as defined under section 201 

of the Federal Food, Drug, and 

Cosmetics Act (FFDCA) would not be 

affected by this proposed rule when 

manufactured, imported, or processed 

for use as a device (see TSCA 

3(2)(B)(vi)). Finally, manometers used in 

the natural gas industry would not be 

affected by this proposed rule because 

they were included in a previous SNUR 

(75 FR 42330, July 21, 2010) (FRL– 

8832–2). 

B. What is the agency’s authority for 

taking this action? 

Section 5(a)(2) of TSCA (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering ‘‘all relevant factors 

including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance, 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance, 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance, and 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance.’’ 

In addition to these factors enumerated 

in TSCA section 5(a)(2), the statute 

authorizes EPA to consider any other 

relevant factors. 

Once EPA determines that a use of a 

chemical substance is a significant new 

use, TSCA section 5(a)(1)(B) requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture or process the 

chemical substance for that use (15 

U.S.C. 2604(a)(1)(B)). As described in 

Unit II.C., the general SNUR provisions 

are found at 40 CFR part 721, 

subpart A. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

under 40 CFR part 721, subpart A. 

These provisions describe persons 

subject to the rule, recordkeeping 

requirements, exemptions to reporting 

requirements, and applicability of the 

rule to uses occurring before the 

effective date of the final rule. However, 

40 CFR 721.45(f) would not apply to 

this proposed SNUR. As a result, 

persons subject to the provisions of this 

proposed rule would not be exempt 

from significant new use reporting if 

they import or process elemental 

mercury as part of an article (see 

§ 721.5). Conversely, the exemption 

from notification requirements for 

exported articles (see § 707.60(b)) would 

remain in force. Thus, persons who 

export elemental mercury as part of an 


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article would not be required to provide 

export notification. 

Provisions relating to user fees appear 

at 40 CFR part 700. According to 40 CFR 

721.1(c), persons subject to SNURs must 

comply with the same notice 

requirements and EPA regulatory 

procedures as submitters of 

Premanufacture Notices (PMNs) under 

TSCA section 5(a)(1)(A). In particular, 

these requirements include the 

information submission requirements of 

TSCA section 5(b) and 5(d)(1), the 

exemptions authorized by TSCA section 

5(h)(1), (h)(2), (h)(3), and (h)(5), and the 

regulations at 40 CFR part 720. Once 

EPA receives a SNUN, the Agency may 

take regulatory action under TSCA 

section 5(e), 5(f), 6, or 7 to control the 

activities on which it has received the 

SNUN. If EPA does not take action, the 

Agency is required under TSCA section 

5(g) to explain in the Federal Register 

its reasons for not taking action. 

Persons who export or intend to 

export a chemical substance identified 

in a proposed or final SNUR are subject 

to the export notification provisions of 

TSCA section 12(b). The regulations that 

interpret TSCA section 12(b) appear at 

40 CFR part 707, subpart D. Persons 

who import a chemical substance 

identified in a final SNUR are subject to 

the TSCA section 13 import certification 

requirements, codified at 19 CFR 12.118 

through 12.127; see also 19 CFR 127.28. 

Such persons must certify that the 

shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. 

III. Summary of Proposed Rule 

A. Overview of Mercury and Mercury 

Uses 

1. Mercury. This proposed rule 

applies to elemental mercury (CAS No. 

7439–97–6), which is a naturally 

occurring element. Because of its unique 

properties (e.g., exists as a liquid at 

room temperature and forms amalgams 

with many metals), elemental mercury 

has been used in many industrial 

processes and consumer products. In 

addition to its useful characteristics, 

mercury also is known to cause adverse 

health effects in humans and wildlife. 

These effects can vary depending on the 

form of mercury to which a person or 

animal is exposed, as well as the 

magnitude, duration, and frequency of 

exposure. 

The most prevalent human and 

wildlife exposure to mercury results 

from ingesting fish contaminated with 

methylmercury. Methylmercury is an 

organo-metallic compound that is 

formed via the conversion of elemental 

or inorganic mercury compounds by 

certain microorganisms and other 

natural processes. For example, 

elemental mercury may evaporate and 

be emitted into the atmosphere. 

Atmospheric mercury can then be 

deposited directly into water bodies or 

watersheds, where it can be washed into 

surface waters via overland run-off. 

Once deposited in sediments, certain 

microorganisms and other natural 

processes can convert elemental 

mercury into methylmercury. 

Methylmercury bioaccumulates, which 

means that it is taken up and 

concentrated in the tissues of aquatic, 

mammalian, avian, and other wildlife. 

Methylmercury is a highly toxic 

substance; a number of adverse health 

effects associated with exposure to it 

have been identified in humans and in 

animal studies. Most extensive are the 

data on neurotoxicity, particularly in 

developing organisms. Fetuses, infants, 

and young children generally are more 

sensitive to methylmercury’s 

neurological effects than adults. 

In 2004, EPA and the Food and Drug 

Administration (FDA) issued a national 

consumption advisory concerning 

mercury in fish. The advisory contains 

recommended limits on the amount of 

certain types of fish and shellfish that 

pregnant women and young children 

can safely consume. By 2005, all fifty 

states had issued fish consumption 

advisories for fish from certain water 

bodies known to be contaminated by 

methylmercury http://www.epa.gov/ 

mercury/advisories.htm. 

In addition to methylmercury, 

exposure to elemental mercury can also 

pose health risks. Elemental mercury 

primarily causes health effects when it 

is breathed as a vapor that can be 

absorbed through the lungs. These 

exposures can occur when elemental 

mercury is spilled or products that 

contain elemental mercury break, 

resulting in release of mercury to the air, 

particularly in warm or poorlyventilated indoor spaces. 

For a more detailed summary of 

background information (e.g., chemistry, 

environmental fate, exposure pathways, 

and health and environmental effects), 

as well as references pertaining to 

elemental mercury that EPA considered 

before proposing this rule, please refer 

to EPA’s proposed SNUR for mercury 

switches in motor vehicles, issued in 

the Federal Register of July 11, 2006 (71 

FR 39035) (FRL–7733–9), or in the 

docket for the 2006 proposal under 

docket identification number EPA–HQ– 

OPPT–2005–0036. All documents in the 

docket are listed in the docket’s index, 

which is available at http:// 

www.regulations.gov. 

2. Mercury uses. Elemental mercury 

has been used in thousands of products 

and applications. Over the past two 

decades, there has been a dramatic drop 

in elemental mercury use by industries 

in the United States. In response to 

increased concerns about exposure to 

anthropogenic sources of mercury in the 

environment and also because of the 

availability of suitable mercury-free 

products, Federal and State 

governments have made efforts to limit 

the use of elemental mercury in certain 

products. Various states have banned or 

restricted the manufacture or sale of 

products containing mercury. While this 

is not the rationale for this proposed 

rule, it does indicate that the transition 

to cost-effective non-mercury containing 

alternatives is already established (see 

http://www.epa.gov/epawaste/hazard/ 

tsd/mercury/laws.htm). 

On October 5, 2007, EPA issued a 

final SNUR for elemental mercury used 

in convenience light switches, anti-lock 

braking system switches, and active ride 

control system switches in certain motor 

vehicles (72 FR 56903, October 5, 2007) 

(FRL–8110–5). EPA promulgated 

another SNUR for flow meters, natural 

gas manometers, and pyrometers on July 

21, 2010 (75 FR 42330). For more 

information on EPA activities on 

mercury in products and other areas, see 

http://www.epa.gov/hg. 

In the past, elemental mercury was 

used in the manufacture of barometers, 

manometers, and hygrometers/ 

psychrometers. The latest information 

available to EPA indicates that the 

manufacture (including import) of these 

mercury-containing articles has ceased 

(with the exception of one psychrometer 

as described at Unit III.A.5.). EPA also 

has found that all three products subject 

to the proposed SNUR currently have 

effective and economically feasible 

substitutes (Ref. 1). EPA requests 

comments on whether elemental 

mercury continues to be used in 

manufacturing (including importing 

into the U.S.) barometers, manometers, 

or hygrometers/psychrometers. EPA also 

requests comment on whether elemental 

mercury is being used in the 

remanufacturing of any of these articles 

that remain in use. 

3. Barometers containing elemental 

mercury. Barometers are instruments 

which measure atmospheric pressure. 

Mercury barometers were manufactured 

as a long cylindrical tube, typically 

closed at one end, with a mercury-filled 

reservoir at the base. The weight of 

mercury created a vacuum at the top of 

the tube, and the mercury adjusted until 

the pressure inside the reservoir equaled 


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the atmospheric pressure. Rising 

mercury indicated increasing air 

pressure while dropping mercury 

indicated decreasing air pressure. 

Historically, mercury barometers were 

used in applications where measuring 

and monitoring changes in air pressure 

are important, such as weather stations, 

airports, and ships. Additional uses 

include scientific demonstration in 

schools and non-mercury device 

calibration. A mercury barometer 

contains between 400 and 620 grams of 

mercury (Ref. 1). 

Alternatives to mercury-containing 

barometers include aneroid, electronic, 

and other liquid-based (water or ecocelli) barometers. At least eight states 

have banned the sale of mercurycontaining barometers. EPA found 

sufficient information to conclude that 

mercury-containing barometers are no 

longer manufactured in or imported into 

the U.S. (Ref. 1). 

4. Manometers containing elemental 

mercury. A manometer is an instrument 

used to measure pressure of gases or 

liquids. Mercury-containing 

manometers were manufactured for use 

in sectors such as dairy farms, heating 

ventilation and air conditioning/ 

plumbing installation and repair, auto/ 

motorcycle industry, laboratories; and 

in general industrial uses. The amount 

of mercury used in a single manometer 

ranged between approximately 30 grams 

and 525 grams (Ref. 1). 

Alternatives to mercury manometers 

include hydrostatic gauges using 

mercury-free liquid, aneroid 

manometers, needle-bourdon gauges, 

and digital manometers. At least five 

states have banned the sale of mercurycontaining manometers, and four 

additional states have banned the sale of 

mercury-containing dairy manometers 

(Ref. 1). EPA found sufficient 

information to conclude that mercurycontaining manometers are no longer 

manufactured in or imported into the 

U.S. (Ref. 1). 

5. Hygrometers/psychrometers 

containing elemental mercury. 

Hygrometers are instruments used to 

measure relative humidity (i.e., the 

moisture content of the air). 

Psychrometers, which are the most 

common type of hygrometer, use two 

mercury-added thermometers, one with 

a wetted base, and one with a dry base. 

Hygrometers and psychrometers 

function similarly; however, they are 

used in different applications. 

Historically, mercury-containing 

hygrometers were used for cigar and 

tobacco humidors, or in residential 

settings, while mercury-containing 

psychrometers were used by 

atmospheric scientists and weather 

enthusiasts. The amount of mercury in 

a single hygrometer or psychrometer 

was between three and seven grams. 

There are two types of alternatives to 

mercury-added hygrometers that are 

readily available and widely used: 

Spirit-filled devices, which use methyl 

alcohol or citrus oil thermometers and 

provide results with comparable 

accuracy to mercury-added 

thermometers; and digital devices, 

which use electronic sensors to measure 

humidity changes and, when calibrated 

properly, provide results that are as 

accurate as mercury devices. 

Seven states have banned the sale and 

distribution of mercury-containing 

hygrometers and psychrometers and 

three additional states have general 

phase-outs of mercury-added products. 

EPA found sufficient information to 

conclude that only one type of mercurycontaining hygrometer/psychrometer is 

manufactured in or imported into the 

U.S. That one type is a portable batterypowered motor-aspirated psychrometer 

containing fewer than seven grams of 

elemental mercury (Ref. 1). 

6. Potential exposure and release. The 

typical lifecycle of barometers, 

manometers, and hygrometers/ 

psychrometers includes several stages: 

Manufacture, distribution in commerce, 

use, and waste management (landfilling 

or recycling). At any point in the 

lifecycle, there is potential for mercury 

to be released as liquid or vapor. 

Workers and others can be exposed to 

the mercury and it can be released into 

water, air, or onto land as the mercury 

is transported, stored, and handled 

during manufacturing. While the 

barometers, manometers, and 

hygrometers/psychrometers are in use, 

the mercury can vaporize or spill due to 

breakage during transport, installation, 

maintenance, refilling, or repair. Other 

opportunities for release can occur at 

the end of the lifecycle of barometers, 

manometers, and hygrometers/ 

psychrometers as these devices are 

removed from equipment and facilities 

and handled during waste management. 

B. Proposed Action 

EPA is proposing to designate as 

significant new uses the use of 

elemental mercury in barometers, 

manometers, and hygrometers/ 

psychrometers. However, use of 

elemental mercury in these articles 

when they are in service as of the 

publication date of this proposed rule 

would not be covered as a significant 

new use under this proposed SNUR. 

Also, use of mercury in portable batterypowered motor-aspirated psychrometers 

that contain fewer than seven grams of 

mercury is an ongoing use and therefore 

would not be covered by this SNUR. 

Due to EPA’s concern about use of 

mercury in products, the Agency may 

take other action to facilitate the 

evaluation or control of ongoing uses, as 

appropriate. For the portable batterypowered motor-aspirated psychrometers 

that contain fewer than seven grams of 

mercury, EPA is considering whether 

risk management or other actions would 

be appropriate. Use of mercury in 

manometers used in the natural gas 

industry would not be affected by this 

proposed SNUR because they are 

included in a previous SNUR (75 FR 

42330, July 21, 2010). Proposed 

definitions of barometer, manometer, 

hygrometer and psychrometer can be 

found in § 721.10068 of the regulatory 

text in this proposed rule. 

This action would amend § 721.10068 

and require persons who intend to 

manufacture or process elemental 

mercury for a use designated by this 

proposed rule as a significant new use 

to notify EPA at least 90 days before 

commencing the manufacturing or 

processing of elemental mercury for 

such significant new use. The required 

notification would provide EPA with 

the opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

For this SNUR, EPA is proposing not 

to include the general ‘‘article’’ 

exemption at § 721.45(f). Thus, persons 

importing or processing elemental 

mercury (including when part of an 

article) for a significant new use would 

be subject to the notification 

requirements of § 721.25. EPA proposes 

not to include this exemption because 

barometers, manometers, and 

hygrometers/psychrometers are articles, 

and a primary concern associated with 

this SNUR is potential exposures 

associated with the lifecycle of these 

uses. Further, it is possible to reclaim 

elemental mercury from certain articles, 

which could be used to produce 

barometers, manometers, or 

hygrometers/psychrometers. EPA notes 

that, in accordance with TSCA section 

12(a) and § 721.45(g), persons who 

manufacture or process elemental 

mercury solely for export would be 

exempt from the notification 

requirements of § 721.25, if when 

distributing the substance in commerce, 

it is labeled in accordance with TSCA 

section 12(a)(1)(B). Further, EPA notes 

that the exemption from the TSCA 

section 12(b) notification requirements 

for exported articles (see § 707.60(b)) 

would remain in force. Thus, persons 

who export elemental mercury as part of 

an article would not be required to 

provide export notification. 


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EPA believes elemental mercury is no 

longer used to manufacture barometers, 

manometers, and hygrometers/ 

psychrometers (with one exception as 

discussed), but some of these articles 

may remain in service in the U.S. The 

ongoing use of such articles, including 

some maintenance and servicing 

activities, falls outside of the scope of 

this significant new use rule. Thus, the 

manufacturing and processing of 

elemental mercury for use in these 

articles, provided they are in service as 

of the publication date of this proposed 

rule, would not be covered by the rule. 

For example, if an article that is in 

service as of the publication date of this 

proposed rule is removed from service 

for maintenance or servicing, including 

the addition of new mercury, and then 

placed back into service, any 

manufacturing or processing of mercury 

associated with that maintenance or 

servicing would not be covered by the 

rule. Otherwise, the addition of new 

mercury to these existing articles after 

the effective date of this proposed rule 

could potentially trigger a significant 

new use notice under this proposed rule 

(e.g., if it involved processing of the 

mercury), which is not EPA’s intent. 

IV. Significant New Use Determination 

A. Rationale 

As summarized in Unit III.A., EPA 

has concerns regarding the 

environmental fate and the exposure 

pathways of elemental mercury that 

lead to the presence of methylmercury 

in fish and the consumption of mercurycontaminated fish by humans and 

wildlife. EPA is encouraged by the 

general discontinuation of the use of 

elemental mercury in the manufacturing 

of barometers, manometers, and 

hygrometers/psychrometers. However, 

EPA is concerned that the 

manufacturing or processing of 

elemental mercury for the proposed 

significant new uses could be reinitiated 

in the future. Accordingly, EPA wants 

the opportunity to evaluate and control, 

where appropriate, activities associated 

with those uses, if such manufacturing 

or remanufacturing were to occur again. 

The required notification provided by a 

SNUN would provide EPA with the 

opportunity to evaluate activities 

associated with a significant new use 

and an opportunity to protect against 

unreasonable risks, if any, from 

exposure to mercury. 

Consistent with EPA’s past practice 

for issuing SNURs under TSCA section 

5(a)(2), EPA’s decision to propose a 

SNUR for a particular chemical use 

need not be based on an extensive 

evaluation of the hazard, exposure, or 

potential risk associated with that use. 

Rather, the Agency’s action is based on 

EPA’s determination that if the use 

begins or resumes, it may present a risk 

that EPA should evaluate under TSCA 

before the manufacturing or processing 

for that use begins. Since the new use 

does not currently exist, deferring a 

detailed consideration of potential risks 

or hazards related to that use is an 

effective use of resources. If a person 

decides to begin manufacturing or 

processing the chemical for the use, the 

notice to EPA allows EPA to evaluate 

the use according to the specific 

parameters and circumstances 

surrounding that intended use. 

B. Objectives 

Based on the considerations in Unit 

IV.A., EPA has the following objectives 

with regard to the significant new uses 

that are designated in this proposed 

rule: 

1. EPA would receive notice of any 

person’s intent to manufacture or 

process elemental mercury for any of 

the described significant new uses 

before that activity begins. 

2. EPA would have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing or processing of 

elemental mercury for any of the 

described significant new uses. 

3. EPA would be able to regulate 

prospective manufacturers or processors 

of elemental mercury before the 

described significant new uses of the 

chemical substance occur, provided that 

regulation is warranted pursuant to 

TSCA sections 5(e), 5(f), 6 or 7. 

C. Relevant Factors Considered for This 

SNUR 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors (see further detail at 

Unit II.B.). 

EPA has preliminarily determined 

that manufacturing or processing of 

elemental mercury for use in 

barometers, manometers, or 

hygrometers/psychrometers is a 

significant new use. This determination 

is based on the following factor in TSCA 

section 5(a)(2): ‘‘The extent to which a 

use increases the magnitude and 

duration of exposure of human beings or 

the environment to a chemical 

substance.’’ Increased exposure to 

mercury is significant because of the 

adverse health effects described at Unit 

III.A.1. The latest information available 

to EPA indicates that there is no 

ongoing use of elemental mercury in the 

manufacture or remanufacture of 

barometers, manometers, hygrometers, 

and all but one type of psychrometer. 

Resumption of these uses of elemental 

mercury could increase the magnitude 

and duration of exposure to workers and 

the surrounding environment at 

facilities of all types involved in the 

lifecycle of the products, as described in 

greater detail in Unit III.A.6. Increase in 

releases could contribute additional 

mercury to the atmosphere for longrange transport. Resumption of these 

uses could also result in exposures to 

workers who had not previously worked 

in these facilities when elemental 

mercury was commonly used, as well as 

exposures to workers who are not 

currently being exposed to mercury in 

the manufacture of barometers, 

manometers, or hygrometers/ 

psychrometers. Increases in mercury 

releases could lead to increases in 

mercury concentrations in the 

environment and reduction in overall 

ecosystem and human health from 

consumption of mercury-contaminated 

fish. 

EPA believes that any of these 

renewed uses of elemental mercury 

would increase the magnitude and 

duration of exposure to humans and the 

environment over that which would 

otherwise exist. Thus, EPA has 

preliminarily determined that any 

manufacturing or processing of 

elemental mercury for use in 

barometers, manometers, or 

hygrometers/psychrometers is a 

significant new use, except for mercury 

use in barometers, manometers, and 

hygrometers/psychrometers when they 

are in service as of the effective date of 

this proposed rule; and in portable 

battery-powered motor-aspirated 

psychrometers that contain less than 

seven grams of elemental mercury. 

D. Request for Comment 

EPA welcomes comment on all 

aspects of this proposed rule, including 

comments on the basis for the 

significant new use determinations 

presented for this proposed rule. 

V. Alternatives 

Before proposing this SNUR, EPA 

considered the following alternative 

regulatory actions. 

A. Promulgate a TSCA Section 8(a) 

Reporting Rule 

Under a TSCA section 8(a) rule, EPA 

could, among other things, generally 

require persons to report information to 

the Agency when they intend to 

manufacture or process a listed 

chemical for a specific use or any use. 

However, for elemental mercury used in 

barometers, manometers, and 


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hygrometers/psychrometers, the use of 

TSCA section 8(a) rather than SNUR 

authority would have several 

limitations. First, if EPA were to require 

reporting under TSCA section 8(a) 

instead of TSCA section 5(a), EPA 

would not have the opportunity to 

review human and environmental 

hazards and exposures associated with 

the proposed significant new use and, if 

necessary, take immediate follow-up 

regulatory action under TSCA sections 

5(e) or 5(f) to prohibit or limit the 

activity before it begins. In addition, 

EPA may not receive important 

information from small businesses, 

because such firms generally are exempt 

from TSCA section 8(a) reporting 

requirements. In view of the level of 

health and environmental concerns 

about elemental mercury, if used for the 

proposed significant new uses, EPA 

believes that a TSCA section 8(a) rule 

for this substance would not meet EPA’s 

regulatory objectives. 

B. Regulate Elemental Mercury for Use 

in Barometers, Manometers, and 

Hygrometers/Psychrometers Under 

TSCA Section 6 

EPA may regulate under TSCA 

section 6 if ‘‘the Administrator finds that 

there is a reasonable basis to conclude 

that the manufacture, processing, 

distribution in commerce, use, or 

disposal of a chemical substance or 

mixture * * * presents or will present 

an unreasonable risk of injury to health 

or the environment’’ (TSCA section 

6(a)). Given that elemental mercury is 

no longer being used in the manufacture 

of barometers, manometers, or 

hygrometers/psychrometers (with the 

exception of one psychrometer), EPA 

concluded that risk management action 

under TSCA section 6 is not necessary 

at this time. This proposed SNUR would 

allow the Agency to address the 

potential risks associated with the 

proposed significant new use. Note that 

EPA is also considering whether risk 

management or other regulatory action 

may be appropriate for the one 

remaining psychrometer use. 

C. Allow the Exemption for Persons 

That Import or Process Elemental 

Mercury as Part of Articles That Could 

Be Subject to the SNUR 

Under the SNUR exemption provision 

at § 721.45(f), a person who imports or 

processes a substance covered by a 

SNUR identified in subpart E of part 721 

as part of an article is not generally 

subject to the notification requirements 

of § 721.25 for that substance. However, 

EPA is concerned that exempting 

articles would render the SNUR less 

effective because of the possibility that 

barometers, manometers, and 

hygrometers/psychrometers containing 

elemental mercury could be imported or 

processed for uses subject to this 

proposed SNUR without the submission 

of a SNUN. Because mercury-containing 

barometers, manometers, and 

hygrometers/psychrometers are the 

primary concerns in this SNUR, EPA 

wishes to include not only bulk 

elemental mercury but also these and 

other articles when they contain 

elemental mercury imported or 

processed for a significant new use. 

Thus, EPA is proposing to promulgate 

this rule without the exemption 

generally provided for in § 721.45(f). 

VI. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

of April 24, 1990 (55 FR 17376), EPA 

has decided that the intent of section 

5(a)(1)(B) of TSCA is best served by 

designating a use as a significant new 

use as of the date of publication of this 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication of the proposed 

rule were considered ongoing rather 

than new, it would be difficult for EPA 

to establish SNUR notice requirements, 

because a person could defeat the SNUR 

by initiating the proposed significant 

new use before the rule became final, 

and then argue that the use was ongoing 

as of the effective date of the final rule. 

Thus, persons who begin commercial 

manufacture or processing of the 

chemical substance for a use that would 

be regulated through this proposed rule, 

if finalized, would have to cease any 

such activity before the effective date of 

the rule if and when finalized. To 

resume their activities, these persons 

would have to comply with all 

applicable SNUR notice requirements 

and wait until the notice review period, 

including all extensions, expires. EPA 

has promulgated provisions to allow 

persons to comply with this SNUR 

before the effective date. If a person 

were to meet the conditions of advance 

compliance under § 721.45(h), that 

person would be considered to have met 

the requirements of the final SNUR for 

those activities. 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require the development of any 

particular test data before submission of 

a SNUN. There are two exceptions: (1) 

Development of test data is required 

where the chemical substance subject to 

the SNUR is also subject to a test rule 

under TSCA section 4 (see TSCA 

section 5(b)(1)); and (2) development of 

test data may be necessary where the 

chemical substance has been listed 

under TSCA section 5(b)(4) (see TSCA 

section 5(b)(2)). In the absence of a 

section 4 test rule or a section 5(b)(4) 

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (TSCA 

section 5(d); § 721.25 and § 720.50). 

However, as a general matter, EPA 

recommends that SNUN submitters 

include data that would permit a 

reasoned evaluation of risks posed by 

the chemical substance during its 

manufacture, processing, use, 

distribution in commerce, or disposal. 

EPA encourages persons to consult with 

the Agency before submitting a SNUN. 

As part of this optional pre-notice 

consultation, EPA would discuss 

specific data it believes may be useful 

in evaluating a significant new use. 

SNUNs submitted for significant new 

uses without any test data may increase 

the likelihood that EPA will take action 

under TSCA section 5(e) to prohibit or 

limit activities associated with this 

chemical. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs that provide detailed 

information on: 

1. Human exposure and 

environmental releases that may result 

from the significant new uses of the 

chemical substance. 

2. Potential benefits of the chemical 

substance. 

3. Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VIII. SNUN Submissions 

According to § 721.1(c), persons 

submitting a SNUN must comply with 

the same notice requirements and EPA 

regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 

§ 720.50. SNUNs must be on EPA Form 

No. 7710–25, generated using e-PMN 

software, and submitted to the Agency 

in accordance with the procedures set 

forth in §§ 721.25 and 720.40. E–PMN 

software is available electronically at 

http://www.epa.gov/opptintr/newchems. 

IX. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers and processors of the 

chemical substance included in this 

proposed rule. EPA’s economic analysis 

(Ref. 1), which is briefly summarized 


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Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 26231 

here, is available in the docket for this 

proposed rule. 

Because the use of elemental mercury 

for manufacturing the specified 

mercury-containing products in the U.S. 

appears to have ceased, EPA expects 

very few, if any, entities will submit a 

SNUN. As a result, the economic impact 

of this rule is anticipated to be either 

zero or very low. 

The costs of submission of a SNUN 

would not be incurred by any company 

until a company decides to pursue a 

significant new use as defined in this 

proposed SNUR. In the event that a 

SNUN is submitted, costs are estimated 

at approximately $8,100 per SNUN 

submission, and include the cost to 

prepare and submit the SNUN, and the 

payment of a user fee. Businesses that 

submit a SNUN would be subject to 

either a $2,500 user fee required by 

§ 700.45(b)(2)(iii), or, if they are a small 

business with annual sales of less than 

$40 million when combined with those 

of the parent company (if any), a 

reduced user fee of $100 (§ 700.45(b)(1)). 

In its evaluation of this rule, EPA also 

considered the potential costs a 

company might incur by avoiding or 

delaying the significant new use in the 

future, but these costs have not been 

quantified. 

X. References 

The following document is 

specifically referenced in the preamble 

for this rulemaking. In addition to this 

document, other materials may be 

available in the docket established for 

this rulemaking under docket ID 

number EPA–HQ–OPPT–2010–0630, 

which you can access through http:// 

www.regulations.gov. Those interested 

in the information considered by EPA in 

developing this proposed rule, should 

also consult documents that are 

referenced in the documents that EPA 

has placed in the docket, regardless of 

whether the other documents are 

physically located in the docket. 

1. EPA, 2010. Economic Analysis of 

the Proposed Significant New Use Rule 

for Mercury-Containing Barometers, 

Manometers, Hygrometers, and 

Psychrometers, Washington, DC OPPT/ 

EETD/EPAB, July 16, 2010. 

XI. Statutory and Executive Order 

Reviews 

A. Regulatory Planning and Review 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993), 

the Office of Management and Budget 

(OMB) has determined that this action 

is a ‘‘significant regulatory action.’’ 

Accordingly, EPA submitted this action 

to OMB for review under Executive 

Order 12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action as required by section 

6(a)(3)(E) of the Executive Order. 

B. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for certain EPA regulations in 

title 40 of the CFR, after appearing in 

the Federal Register, are listed in 40 

CFR part 9, and included on the related 

collection instrument, or form, if 

applicable. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to the PRA under OMB control 

number 2070–0038 (EPA ICR No. 1188). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average 97 hours per response. This 

burden estimate includes the time 

needed to review instructions, search 

existing data sources, gather and 

maintain the data needed, and 

complete, review, and submit the 

required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden to the Director, 

Collection Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Small Entity Impacts 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that promulgation of this SNUR 

would not have a significant adverse 

economic impact on a substantial 

number of small entities. The rationale 

supporting this conclusion is as follows. 

Under the RFA, small entities include 

small businesses, small organizations, 

and small governmental jurisdictions. 

Small entity is defined in accordance 

with section 601 of the RFA as: A small 

business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; A small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and A 

small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. For purposes of 

assessing the impacts of this proposed 

rule on small entities, EPA has 

determined that this proposed rule is 

not expected to impact any small notfor-profit organizations or small 

governmental jurisdictions. As such, the 

Agency estimated potential impacts on 

small business. 

A SNUR applies to any person 

(including small or large entities) who 

intends to engage in any activity 

described in the rule as a ‘‘significant 

new use.’’ By definition of the word 

‘‘new,’’ and based on all information 

currently available to EPA, it appears 

that no small or large entities presently 

engage in such activity. Since this 

proposed SNUR would require a person 

who intends to engage in such activity 

in the future to first notify EPA by 

submitting a SNUN, no economic 

impact will occur unless someone files 

a SNUN to pursue a significant new use 

in the future or forgoes profits by 

avoiding or delaying the significant new 

use. Although some small entities may 

decide to conduct such activities in the 

future, EPA cannot presently determine 

how many, if any, there may be. 

However, EPA’s experience to date is 

that, in response to the promulgation of 

over 1,000 SNURs, the Agency receives 

on average only five notices per year. Of 

those SNUNs submitted, only one 

appears to be from a small entity in 

response to any SNUR. Therefore, EPA 

believes that the potential economic 

impact of complying with a SNUR is not 

expected to be significant or adversely 

impact a substantial number of small 

entities. In a SNUR that published as a 

final rule on August 8, 1997 (62 FR 

42690) (FRL–5735–4), the Agency 

presented its general determination that 

proposed and final SNURs are not 

expected to have a significant economic 

impact on a substantial number of small 

entities, which was provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

D. Unfunded Mandates 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

rulemaking. As such, EPA has 

determined that this regulatory action 


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26232 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1531–1538). 

E. Federalism 

This action would not have 

federalism implications because it is not 

expected to have a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999). 

F. Indian Tribal Governments 

This action would not have tribal 

implications as specified in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). This action is not expected to 

have substantial direct effects on Indian 

Tribes, would not significantly or 

uniquely affect the communities of 

Indian Tribal governments, and would 

not involve or impose any requirements 

that affect Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Protection of Children 

EPA interprets Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997), as applying only to those 

regulatory actions that concern health or 

safety risks, such that the analysis 

required under section 5–501 of the 

Executive Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it would not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Effect on Energy Supply, Distribution, 

or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, entitled Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001), because this 

action is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

I. Technical Standards 

Because this action would not involve 

any technical standards, section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note), does not apply to this 

action. 

J. Environmental Justice 

This action would not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

PART 721—[AMENDED] 

1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

2. In § 721.10068, add the following 

definitions in alphabetical order to 

paragraph (a) and add a new paragraph 

(b)(2)(viii) to read as follows: 

§ 721.10068 Elemental mercury. 

(a) * * * 

Barometer means an instrument used 

in various applications to measure 

atmospheric pressure. 

Hygrometer or psychrometer means 

an instrument used in various 

applications to measure humidity of 

gases. 

Manometer means an instrument used 

in various applications to measure 

pressure of gases or liquids. 

(b) * * * 

(2) * * * 

(viii) Manufacturing or processing of 

elemental mercury for use in 

barometers, manometers, hygrometers, 

and psychrometers except for: Natural 

gas manometers covered by paragraph 

(b)(2)(vii) of this section; barometers, 

manometers, hygrometers, and 

psychrometers when these articles are 

in service as of May 6, 2011; and 

portable battery powered and motoraspirated psychrometers that contain 

fewer than seven grams of elemental 

mercury. 

[FR Doc. 2011–11025 Filed 5–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1511 

[EPA–HQ–OARM–2010–0273; FRL–9288–3] 

EPAAR Prescription for Work 

Assignments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The proposed rule provides 

revised language to the prescription for 

the work assignment clause, 

incorporating prescriptive language that 

provides further instructions on use of 

the related clause. 

DATES: Comments must be received on 

or before June 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2010–0273, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2010–0273, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of three (3) copies. 

• Hand Delivery: EPA Docket 

Center—Attention OEI Docket, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2010– 

0273. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS