Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations 56903 

Secondary lithium-ion batteries (small rechargeable 

consumer-type batteries) 

Surface transportation Air transportation Mailpiece battery limit International APO/FPO 

Contained (properly installed) in equipment.Mailable ............................. Mailable ............................. no more than 3 batteries .. Mailable. 

Note 3: Each secondary cell must not 

contain more than 1.5 g equivalent lithium 

content. 

Note 4: Each secondary battery must not 

contain more than 8 g equivalent lithium 

content. 

Note 5: For secondary batteries (lithiumion) there is a limit of 3 batteries per 

mailpiece. 

601.11 Other Restricted and 

Nonmailable Matter 

* * * * * 

11.17 Battery-Powered Devices 

[Revise the first sentence in 11.17 to 

read as follows:] 

Cells or batteries properly installed in 

equipment must be protected from 

damage and short circuit and equipment 

or devices containing cells or batteries 

must include an effective means of 

preventing accidental activation.* * * 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E7–19051 Filed 10–4–07; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2005–0036; FRL–8110–5] 

RIN 2070–AJ19 

Mercury Switches in Motor Vehicles; 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating this 

significant new use rule (SNUR) under 

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

Control Act (TSCA) for elemental 

mercury (CAS No. 7439–97–6) used in 

certain convenience light switches, antilock braking system (ABS) switches, and 

active ride control system switches. 

This action will amend 40 CFR part 721 

and require persons who intend to 

manufacture (defined by statute to 

include import) or process elemental 

mercury for a use designated by this 

rule as a significant new use to notify 

EPA at least 90 days before commencing 

the manufacturing or processing of the 

chemical substance for such significant 

new use. The required notification will 

provide EPA with the opportunity to 

evaluate the intended use and, if 

necessary, to prohibit or limit that 

activity before it occurs. In addition, in 

order to display the OMB control 

number for the information collection 

requirements contained in this final 

rule, EPA is amending the table of 

Office of Management and Budget 

(OMB) approval numbers for EPA 

regulations that appears in 40 CFR part 

9. 

DATES: This final rule is effective 

November 5, 2007. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPPT–2005–0036. All documents in the 

docket are listed in the docket index 

available in regulations.gov. To access 

the electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (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 

Federal 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 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Thomas Groeneveld, 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) 566–1188; e-mail address: 

groeneveld.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture or 

process elemental mercury for use in 

certain motor vehicle convenience light 

switches, ABS switches, and active ride 

control system switches. This action 

may also affect certain entities through 

pre-existing import certification and 

export notification rules under TSCA. 

Persons who import any chemical 

substance subject to TSCA must comply 

with the TSCA section 13 (15 U.S.C. 

2612) import certification requirements 

and corresponding regulations codified 

at 19 CFR 12.118 to 12.127 and 127.28. 

Such persons must certify that each 

shipment of the chemical substance 

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

2611(b)) export notification 

requirements are triggered by 

publication of a proposed SNUR. 

Therefore, any persons who export, 

intend to export, or have exported 

elemental mercury on or after August 

10, 2006, are subject to the export 

notification provisions of TSCA section 

12(b) (see 40 CFR 721.20). Such persons 

must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. Potentially affected 


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entities may include, but are not limited 

to: 

• Manufacturers and processors of 

motor vehicle electrical switches 

(NAICS code 335931), e.g., 

manufacturers and processors of 

mercury switches in convenience lights, 

ABS acceleration sensors, and active 

ride control sensors. 

• Manufacturers and processors of 

transportation equipment (NAICS code 

336), e.g., manufacturers of motor 

vehicles and motor vehicle parts 

containing mercury switches. 

• Motor vehicle repair and 

maintenance facilities (NAICS code 

8111), e.g., motor vehicle mechanics 

who replace or install new elemental 

mercury switches as part of vehicle 

repair and maintenance. 

• Motor vehicle part (used) 

wholesalers (NAICS code 4211), e.g., 

motor vehicle dismantlers who 

dismantle motor vehicles and sell used 

parts. 

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. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 721.5 for SNUR-related 

obligations. 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. 

II. Background 

A. What Action is the Agency Taking? 

EPA proposed this SNUR for 

elemental mercury used in certain 

convenience light switches, ABS 

switches, and active ride control system 

switches on July 11, 2006 (71 FR 39035) 

(FRL–7733–9). EPA’s responses to 

public comments received on the 

proposed rule are in Unit III.D. Please 

consult the July 11, 2006 Federal 

Register document for further 

background information for this final 

rule. 

This SNUR will require persons to 

notify EPA at least 90 days before 

commencing the manufacture, import, 

or processing of elemental mercury for 

the uses described in Unit III.B. and 40 

CFR 721.10068(b)(2) of the regulatory 

text for this final rule (including use in 

certain convenience light switches, ABS 

switches, and active ride control 

switches in motor vehicles, including 

when elemental mercury is imported or 

processed as part of an article). EPA 

defines ‘‘motor vehicle’’ for this SNUR 

by referencing the definition used in the 

emissions control regulations developed 

under the Clean Air Act (see 40 CFR 

85.1703). As described in Unit III.A., 

EPA believes this action is necessary 

because manufacturing, processing, use, 

or disposal of elemental mercury in 

these switches may produce significant 

changes in human and environmental 

exposures to elemental mercury and 

methylmercury. 

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 those listed in TSCA section 

5(a)(2). Once EPA determines that a use 

of a chemical substance is a significant 

new use, TSCA section 5(a)(1)(B) (15 

U.S.C. 2604(a)(1)(B)), requires persons 

to submit a significant new use 

notification (SNUN) to EPA at least 90 

days before they manufacture, import, 

or process the chemical substance for 

that use. The mechanism for reporting 

under this requirement is established 

under 40 CFR 721.25. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 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) 

does not apply to this SNUR. As a 

result, persons subject to the provisions 

of this rule are not exempt from 

significant new use reporting if they 

import or process elemental mercury as 

part of an article (see 40 CFR 721.5). 

Conversely, the exemption from 

notification requirements for exported 

articles (see 40 CFR 707.60(b)), remains 

in force. Thus, persons who export 

elemental mercury as part of an article 

are not required to provide export 

notice. 

Provisions relating to user fees appear 

at 40 CFR part 700. Persons subject to 

this SNUR 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 sections 5(b) and 5(d)(1), the 

exemptions authorized by TSCA 

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

and the regulations at 40 CFR part 720. 

Once EPA receives a SNUN, EPA may 

take regulatory action under TSCA 

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

activities for which the SNUN was 

submitted. If EPA does not take action, 

EPA 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 

under TSCA section 12(b) appear at 40 

CFR part 707, subpart D. The EPA 

policy in support of import certification 

appears at 40 CFR part 707, subpart B. 

Persons who import a chemical 

substance identified in a final SNUR are 

subject to the import certification 

requirements under TSCA section 13, 

which appear at 19 CFR 12.118 to 

12.127 and 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. 

III. Objectives and Rationale of the 

Final Rule 

A. Overview 

This 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. Mercury switches exploit the 

ability of small quantities of elemental 

mercury to conduct electricity and 

remain one of the largest categories of 

elemental mercury product uses. In 

addition to its useful characteristics, 

mercury also may cause adverse health 

effects in humans and wildlife. These 

effects can vary depending on the form 

of mercury to which a person is 

exposed, as well as the magnitude, 

length, and frequency of exposure. 

The most prevalent human and 

wildlife exposure to mercury results 

from ingesting fish contaminated with 

methylmercury. Methylmercury is an 

organic compound that is formed via the 

conversion of elemental or inorganic 

mercury by certain microorganisms and 

other natural processes. For example, 

elemental mercury may evaporate and 

be emitted into the atmosphere. 

Atmospheric mercury can be deposited 

directly into water bodies or 

watersheds, where it can be washed into 


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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. 

By 2005, all fifty states had created 

fish–advisory programs. Through the 

end of 2004, forty-eight states, one 

territory, and two Indian tribes issued 

fish consumption advisories 

recommending that some people limit 

their consumption of fish from certain 

water bodies known to be contaminated 

by methylmercury. Also in 2004, EPA 

and the Food and Drug Administration 

(FDA) jointly issued a national advisory 

providing advice to women of 

childbearing age and young children on 

mercury in fish and shellfish. The 

advisory stated that some fish and 

shellfish contain higher levels of 

mercury that may harm a fetus or the 

developing nervous system of a young 

child. As of today, the information in 

the 2004 EPA/FDA advisory remains 

current. 

Mercury switches were used for many 

years in motor vehicles in hood and 

trunk convenience lights, ABS, and 

active ride control systems. More than 

200 million mercury switches were 

installed in motor vehicles from 1974 to 

2000. In the United States, motor 

vehicles that reach the end of their 

useful life are often dismantled so that 

the useful parts can be reused and steel 

and other materials can be recycled. The 

steel industry recycles approximately 12 

to 14 million end-of-life vehicles each 

year. During the recycling process, 

vehicles are dismantled, crushed, and 

shredded. Vehicle scrap is then 

separated into the ferrous, nonferrous, 

and motor vehicle shredder residue 

fractions. All of these fractions can be 

contaminated with elemental mercury, 

which can be released when switches 

are ruptured during processing. Steel 

fractions are sent to electric arc furnaces 

(EAFs) and other scrap consumers to be 

melted and refined for use in other steel 

products. The EAF process uses intense 

heat, which can vaporize and emit 

elemental mercury into the atmosphere. 

Motor vehicles are believed to be the 

largest single source of elemental 

mercury in EAF emissions. The EPA air 

toxics program has identified EAFs as a 

priority sector. 

In response to increased concerns 

about exposure to anthropogenic 

sources of elemental mercury and the 

availability of suitable mercury-free 

products, Federal and State 

governments have made efforts to limit 

the use of elemental mercury in certain 

products. American automakers 

voluntarily eliminated the use of 

mercury switches in motor vehicles as 

of January 1, 2003. Foreign motor 

vehicle manufacturers eliminated the 

use of mercury switches in the 1990s. 

Over the next 20 years, it is anticipated 

that most of the motor vehicles 

containing mercury switches will reach 

the end of their useful lives, will be 

recycled, and ultimately will pass 

through EAFs and other scrap consumer 

facilities. Many States and nongovernmental organizations have taken 

actions to remove or to encourage the 

removal of mercury switches from 

motor vehicles before they are recycled. 

For these reasons, the potential for 

elemental mercury emissions to be 

released during scrap consumption is 

expected to decrease as fewer motor 

vehicles containing mercury switches 

remain to be dismantled or recycled. 

While newly manufactured motor 

vehicles no longer contain mercury 

switches, certain switches are still 

available as aftermarket replacement 

parts. Mercury switches generally last 

the lifetime of the motor vehicle; 

however, switch replacement is 

required if a collision or another action 

damages the component containing the 

switch or the switch itself. Mercury 

switches are no longer used for 

replacement in hood and trunk 

convenience lights because mercury-free 

substitutes are readily available. 

However, no mercury-free alternative 

exists for mid-life replacement of ABS 

and active ride control system switches 

and a limited number of such switches 

remain available as replacement parts 

for pre-2003 motor vehicles. EPA 

believes that the demand for mercury 

switches as aftermarket replacement 

parts is currently low and likely will 

become negligible when most pre-2003 

motor vehicles containing mercury 

switches in ABS and active ride control 

systems reach the end of their useful 

lives. EPA is excluding from this final 

SNUR mercury switches manufactured 

as aftermarket replacement parts for 

ABS and active ride control systems in 

vehicles manufactured before January 1, 

2003. 

For a more detailed summary of 

background information (e.g., chemistry, 

environmental fate, exposure pathways, 

health and environmental effects, and 

use information), as well as references 

pertaining to elemental mercury that 

EPA considered before promulgating 

this final rule, please refer to the 

proposed rule as issued in Federal 

Register of July 11, 2006 (71 FR 39035) 

or the docket for this action under 

docket ID number EPA–HQ–OPPT–

2005–0036. All documents in the docket 

are listed in the docket’s index available 

at http://www.regulations.gov. 

B. EPA Findings and Rationale 

EPA is encouraged by the voluntary 

discontinuation of mercury-switch 

technologies in new vehicles as of 

January 1, 2003, and the anticipated 

reductions in mercury-switch 

production for mid-life replacement 

parts as pre-2003 vehicles containing 

mercury switches are no longer 

available and reach the end of their 

utility. However, EPA is concerned that 

the manufacturing or processing of 

elemental mercury for use in switches 

in new motor vehicles could be 

reinitiated in the future. Accordingly, 

EPA wants the opportunity to evaluate 

and control, where appropriate, 

activities associated with those uses, 

which contribute to atmospheric and 

environmental releases of elemental 

mercury. The required notification 

provided by a SNUN will 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. 

In determining what constituted 

significant new uses for elemental 

mercury motor vehicle switches, EPA 

considered relevant information on the 

toxicity of mercury and likely exposures 

associated with the uses, as discussed in 

Unit III.A., and the four factors listed in 

TSCA section 5(a)(2), as discussed in 

Unit IV. 

After considering all relevant factors, 

EPA is designating as significant new 

uses the manufacture or processing of 

elemental mercury for: 

• Use in convenience light switches 

in new motor vehicles. 

• Use in convenience light switches 

as new aftermarket replacement parts 

for motor vehicles. 

• Use in switches in ABS in new 

motor vehicles. 

• Use in switches in ABS as new 

aftermarket replacement parts for motor 

vehicles that were manufactured after 

January 1, 2003. 

• Use in switches in active ride 

control systems in new motor vehicles. 

• Use in switches in active ride 

control systems as new aftermarket 


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replacement parts for motor vehicles 

that were manufactured after January 1, 

2003. 

EPA believes it is unlikely that 

companies would resume the use of 

mercury switches because mercury 

switches are no longer being used in 

new motor vehicles; effective mercuryfree alternatives are increasingly 

available; use of elemental mercury in 

products is declining; and a growing 

number of states have banned the use of 

mercury switches in motor vehicles. In 

the event that mercury switch use as 

replacement parts in ABS and active 

ride control systems of pre-2003 motor 

vehicles does not decrease as described 

in this final rule, EPA may pursue 

additional regulatory action as 

appropriate under TSCA sections 4, 6, 

and 8. For a summary of alternative 

regulatory actions for elemental mercury 

that EPA considered before 

promulgating this final rule, please refer 

to the proposed rule as issued in 

Federal Register of July 11, 2006 (71 FR 

39035). 

C. Summary and Effects of the Final 

Rule 

This final rule requires persons who 

intend to manufacture, import, or 

process elemental mercury for the 

significant new uses identified in this 

action to submit a SNUN at least 90 

days before commencing such activity. 

The required notice will provide EPA 

with the opportunity to evaluate the 

intended use and, if necessary, to 

prohibit or limit that use before it 

occurs. This final rule will ensure that: 

• EPA will receive a SNUN indicating 

a person’s intent to manufacture, 

import, or process elemental mercury 

for a designated significant new use 

before that activity begins. 

• EPA will have an opportunity to 

review and evaluate data and 

information submitted in a SNUN before 

the submitter begins manufacturing, 

importing, or processing elemental 

mercury for a designated significant 

new use. 

• EPA will have an opportunity to 

regulate prospective manufacturers, 

importers, or processors of elemental 

mercury before the notified significant 

new use occurs, provided such 

regulation is warranted pursuant to 

TSCA sections 5(e) or 5(f). 

For this SNUR, EPA is not including 

the general ‘‘article’’ exemption at 40 

CFR 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 40 CFR 

721.25. EPA is not including this 

exemption because mercury switches 

are articles, and a primary concern 

associated with this SNUR is potential 

exposures associated with the lifecycle 

of elemental mercury in certain motor 

vehicle switches. Further, it is possible 

to reclaim elemental mercury from 

certain articles, which could be used to 

produce motor vehicle switches. 

Conversely, the exemption from 

notification requirements for exported 

articles (see 40 CFR 707.60(b), remains 

in force. Thus, persons who export 

elemental mercury as part of an article 

are not required to provide export 

notice. 

D. Response to Public Comments 

EPA received ten comments on the 

proposed rule that was issued in the 

Federal Register of July 11, 2006 (71 FR 

39035). Copies of all comments received 

are available in the public docket for 

this action. Two comments that 

expressed general support for the 

proposed rule and another comment, 

which consisted of a static web-based 

image of an article about the health 

effects of elemental mercury and 

methylmercury, were not addressed. 

Comments that were similar in nature 

were consolidated into the following 

summaries. A discussion of the 

comments germane to the rulemaking 

and EPA responses follows: 

1. Comment—Proposed action 

insufficient. One commenter felt that the 

use of elemental mercury (and all other 

toxic substances) in motor vehicle 

manufacturing should be banned. In the 

alternative, the commenter suggested 

that automakers should be required to 

implement mercury recovery policies to 

recover all mercury used in the motor 

vehicle manufacturing process. 

Response. The actions requested by 

the commenter are outside the scope of 

this rulemaking. As mentioned in the 

proposed rule, EPA considered and 

rejected regulating elemental mercury 

under TSCA section 6(a). EPA 

concluded risk management action 

under TSCA section 6 is not necessary 

at this time because mercury switches 

are no longer being used in convenience 

lights, ABS, and active ride control 

systems installed in new motor vehicles; 

are no longer used in convenience light 

replacement parts; and are of very 

limited availability in ABS and active 

ride control replacement parts for some 

pre-2003 motor vehicles. This rule will 

allow EPA to address the potential risks 

associated with the described significant 

new uses of elemental mercury. Further, 

if the elimination of the use of mercury 

switches in ABS and active ride control 

replacement parts does not occur as 

anticipated, EPA may reconsider this 

decision and pursue additional 

regulatory action. 

2. Comment—Applicability of action 

and reporting requirements for motor 

vehicles involved in collisions and 

junkyards. One commenter inquired as 

to the specific make and model of motor 

vehicles affected by the proposed rule, 

the amount of elemental mercury 

present in a typical convenience light 

switches, ABS switches, or active ride 

control system switches, and the 

reporting requirements for motor 

vehicles involved in a collision whereby 

a switch is ruptured and releases 

elemental mercury. Further, the 

commenter inquired as to the 

applicability of the proposed rule to 

junkyards. 

Response. EPA is not able to provide 

data on the specific make and model of 

motor vehicles that will be affected by 

this final rule. However, tables that 

describe ‘‘Automobiles with ABS or 

Ride Control Systems that Contain 

Mercury Switches,’’ ‘‘Number of 

Mercury Capsules Installed between 

1970 and 2003, by switch application,’’

and ‘‘Vehicles with Mercury Switches 

Installed, 1985–2003 by switch 

application,’’ can be accessed in the 

public docket for the final rule in the 

report titled, ‘‘Market Study: Mercury 

Use in Auto Switches.’’

U.S. automakers phased-out the use of 

mercury switches in new vehicles on 

January 1, 2003. Each switch contains 

between 0.7 to 1.5 grams of elemental 

mercury. This action does not require 

the reporting of elemental mercury 

spills from a vehicle collision. The rule 

requires persons to notify EPA at least 

90 days before commencing the 

manufacturing or processing of 

elemental mercury for use in certain 

new motor vehicle switches, as 

described in Unit III.B. and 40 CFR 

721.10068(b)(2) of the regulatory text for 

this rule. A junkyard might be affected 

if it were manufacturing or processing 

elemental mercury for convenience light 

switches, ABS switches, or active ride 

control system switches, or 

manufacturing or processing elemental 

mercury and distributing it in commerce 

to persons who could use it in such 

switches. 

3. Comment—Clarification of export 

notification requirements and 

implementation of de minimis standard. 

Two commenters requested that the 

applicability of export requirements 

under TSCA section 12(b) be further 

clarified. The commenters voiced 

concerns that language in the preamble 

of the proposed rule requires export 

notification for elemental mercury 

exported in any form. The commenters 

were concerned that trace amounts of 


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elemental mercury (i.e., impurities), 

present in or on significant numbers of 

products in international commerce 

might trigger unduly burdensome export 

notification requirements. Instead, one 

of the commenters stated that export 

notification requirements should apply 

‘‘only for elemental mercury when 

exported in the form subject to the 

SNUR, i.e., when used in convenience 

light switches, ABS switches, and active 

ride control switches in certain motor 

vehicles.’’ The commenters cited as 

precedent an EPA amendment of a rule 

issued under TSCA section 6 (59 FR 

42769; August 19, 1994) (FRL–4867–3) 

(codified at 40 CFR 749.68), concerning 

hexavalent chromium used in comfort 

cooling towers. Both commenters also 

recommended that a de minimis 

standard should be adopted under 

TSCA section 12(b), whereby exports of 

chemical substances and mixtures in 

amounts less than the prescribed 

threshold would not be subject to 

notification requirements. 

Response. EPA will not, at this time, 

revisit its interpretation of TSCA section 

12(b) and the implementing regulations 

at 40 CFR part 707, subpart D. Thus, one 

result of this SNUR is to trigger export 

notification requirements under TSCA 

section 12(b) for the export of elemental 

mercury regardless of its intended use. 

However, due to recent amendments to 

EPA’s TSCA section 12(b) implementing 

regulations (see 71 FR 66234; November 

14, 2006) (FRL–8101–3) (see 71 FR 

68750; November 28, 2006) (FRL–8104–

9), exporters will not be required to 

report exports with de minimis levels of 

elemental mercury and will only be 

required to provide TSCA section 12(b) 

notification once for export to any given 

country. 

The proposed rule indicated that the 

export notification requirements under 

TSCA section 12(b) would be applicable 

to the export of elemental mercury 

regardless of its intended use. Section 

12(b)(2) of TSCA provides that, ‘‘If any 

person exports or intends to export to a 

foreign country a chemical substance or 

mixture for which . . . a rule has been 

proposed or promulgated under section 

2604 [(TSCA section 5)] . . . , such 

person shall notify the Administrator of 

such exportation or intent to export and 

the Administrator shall furnish to the 

government of such country notice of 

such rule (15 U.S.C. 2611(b)(2)).’’ The 

TSCA section 12(b) export notification 

requirement for a chemical subject to a 

proposed or final SNUR is not 

contingent on whether the intended use 

of the chemical has been regulated 

under a SNUR, and EPA does not 

interpret TSCA section 12(b) to include 

an exemption for uses that are not 

regulated. In promulgating the TSCA 

section 12(b) implementing regulations, 

EPA explained its position, ‘‘that the 

export notification requirement for a 

chemical is not contingent on whether 

the intended use of the chemical has 

been regulated. Notice must be given to 

EPA even though the chemical is being 

exported for a use, or in a manner, that 

is not regulated domestically under the 

relevant section 5, 6, or 7 action, rule or 

order (45 FR 82844, 82846; December 

16, 1980).’’

The commenters requested an 

exemption from the export notification 

requirements for the export of elemental 

mercury that would not be used for the 

significant new use. In support of the 

requested exemption, the commenters 

stated that EPA’s amendment of a rule 

issued under TSCA section 6, which 

concerned hexavalent chromium in 

comfort cooling towers (59 FR 42769; 

August 19, 1994) (codified at 40 CFR 

749.68), provided a precedent for this 

type of exemption. In the August 1994 

hexavalent chromium action noted by 

the commenters, EPA amended 40 CFR 

749.68 to clarify that only hexavalent 

chromium chemicals that could be used 

for water treatment were the subjects of 

the underlying TSCA section 6 

regulation, not other hexavalent 

chromium chemicals. That amendment 

had the parallel effect of limiting the 

scope of TSCA section 12(b) export 

notifications that were required for 

those hexavalent chromium chemicals 

that could be used to treat water. The 

chemical subject to this SNUR is 

elemental mercury, thus TSCA section 

12(b) requirements are applicable to the 

export of elemental mercury. It should 

be noted, however, that in accordance 

with TSCA section 12(b) regulations at 

40 CFR 707.60(b), export notification for 

elemental mercury exported as part of 

an article is not required. EPA will not 

narrow the language of the final rule to 

confine export notification 

requirements, as requested by the 

commenter, ‘‘only for elemental 

mercury when exported in the form 

subject to the SNUR, i.e., when used in 

convenience light switches, ABS 

switches, and active ride control 

switches in certain motor vehicles.’’

4. Comment—Weighted average of 

mercury switch content. One commenter 

recommended that market data cited in 

the preamble of the proposed rule, 

which pertained to the average content 

of elemental mercury in switches used 

in convenience light, ABS, or active ride 

control systems, should be 

supplemented to reflect the weighted 

average of all switches used industrywide for such purposes in motor 

vehicles, which typically occur in one 

of three styles and weights. 

Response. The discrepancy between 

the averages of 0.8 grams per switch in 

Unit IV.E. of the proposed rule and the 

weighted average of 1.2 grams per 

switch, as submitted, is noted. The 

submitted data suggests that the amount 

of elemental mercury collectively 

contained in convenience light, ABS, or 

active ride control system switches, as 

well as the amounts potentially released 

into the environment, might be greater 

than estimated. However, for the 

purposes of this action, the data does 

not affect EPA’s significant new use 

determinations as described herein. 

5. Comment—Lift article exemption in 

whole, maintain broad definition of 

‘‘motor vehicle,’’ and incorporate 

condition for approval of new use. One 

commenter advocated lifting the 

‘‘article’’ exemption at 40 CFR 721.45(f) 

in whole, as a partial suspension (e.g., 

solely for articles containing motor 

vehicle switches) might be confusing or 

undermine the intent of the proposed 

rule. The commenter also concurred 

with the existing, broader definition of 

‘‘motor vehicle,’’ and suggested the 

action apply to vehicles other than 

noncommercial motor vehicles that 

incorporate mercury switches for 

convenience light, ABS, or active ride 

control systems. Finally, the commenter 

suggested that EPA emphasize 

‘‘mitigation requirements as a condition 

of approval for new use.’’ The 

commenter recommended that ‘‘new 

language [could] be included in the rule 

that would give States and EPA the 

ability to weigh the potential of crossmedia impacts when considering 

significant new uses so that mitigation 

in other critical environmental areas can 

be included as a part of the decision 

making on significant new uses.’’ The 

commenter also urged EPA to consider 

‘‘overall community reduction efforts as 

well as efforts by companies to manage 

overall environmental footprint’’ in its 

decision-making processes. 

Response. EPA agrees that the 

exemption for articles at 40 CFR 

721.45(f) should not apply to this 

action, and will finalize the rule as 

proposed, without the ‘‘article’’

exemption. EPA also agrees that the 

proposed definition of motor vehicles 

should be finalized as proposed. In 

regard to placing emphasis on 

‘‘mitigation requirements as a condition 

of approval for new use,’’ EPA notes 

that the SNUN review process is not an 

approval process. Instead, EPA reviews 

notifications and can take action, as 

appropriate, under TSCA sections 5(e), 

5(f), 6, or 7, to regulate the significant 

new use. If EPA takes no action during 


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the SNUN review period, then the 

SNUN submitter can commence the new 

use and EPA must issue a Federal 

Register document in accordance with 

TSCA section 5(g). As to considering 

cross-media impacts, specific mitigation 

requirements, and overall community 

reduction efforts in the ‘‘decision 

making on significant new uses,’’ EPA 

generally does consider cross-media 

impacts in the SNUN evaluation process 

and could request further information 

from a SNUN submitter as needed to 

facilitate assessment and, where 

appropriate, regulate significant new 

uses. Further, EPA routinely considers 

environmental and human exposures, 

hazards, risks, and data needs, and, 

where appropriate, follows up as 

required with SNUN submitters, to 

regulate or limit activities pending the 

development of information necessary 

to evaluate a significant new use 

through the issuance of TSCA section 

5(e) orders. 

6. Comment—Potential expansion of 

elemental mercury emission reduction 

under other statutes. One commenter 

suggested the development of an 

aggressive National Emission Standards 

for Hazardous Air Pollutants 

(NESHAPs) that focused on electric arc 

furnace facilities. 

Response. The actions requested by 

the commenter are outside the scope of 

this rulemaking. 

IV. Significant New Use Determination 

Section 5(a)(2) of TSCA provides 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 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. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance 

(15 U.S.C. 2604(2)(A)–(D)). 

TSCA provides for the consideration 

of all relevant factors in making a 

significant new use determination, and 

here EPA considered other factors in 

addition to those enumerated in TSCA 

section 5(a)(2). To determine what 

would constitute a significant new use 

of elemental mercury, EPA considered 

relevant information about the toxicity 

of mercury, the likely exposures and 

releases associated with the lifecycle of 

elemental mercury manufactured for use 

in motor vehicle switches, and the four 

factors listed in TSCA section 5(a)(2). 

The lifecycle steps include the 

following: 

• Mercury switch manufacturing. 

• Motor vehicle manufacturing. 

• Motor vehicle collision, repair, and 

maintenance. 

• End-of-life vehicle recycling. 

After consideration of the relevant 

information about elemental mercury 

and the lifecycle steps of automobile 

manufacture, the statutory factors, and 

other considerations articulated in the 

proposed rule (71 FR 39041–39042; July 

11, 2006), EPA finds that the use of 

elemental mercury in convenience light, 

ABS, and active ride control system 

switches for use in new motor vehicles 

to be a significant new use. EPA also 

finds the use of elemental mercury in 

certain switches as aftermarket 

replacement parts to be a significant 

new use: All aftermarket convenience 

light switches and those aftermarket 

ABS and active ride control system 

switches for motor vehicles 

manufactured after January 1, 2003. 

These findings are based on the 

reasonably anticipated manner and 

methods of manufacturing, processing, 

distribution in commerce, and disposal 

of elemental mercury in such switches, 

reintroduction of elemental mercury in 

convenience light, ABS, and active ride 

control system switches for use in new 

motor vehicles would: (1) Increase the 

volume of manufacturing, processing, 

and recycling of such switches; (2) 

increase the magnitude and duration of 

exposure of human beings and the 

environment to elemental mercury; and 

(3) result in the exposure of a category 

of workers to a different type or form of 

elemental mercury. Based on these 

considerations, EPA determined that 

any manufacturing or processing of 

elemental mercury for the uses 

designated in this rule is a significant 

new use. 

V. 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 TSCA 

section 5(a)(1)(B) is best served by 

designating a use as a significant new 

use as of the date of publication of the 

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 began or begin 

commercial manufacture, import, or 

processing of elemental mercury for a 

significant new use designated in this 

rule will have to cease any such activity 

before the effective date of this rule. 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 40 CFR 721.45(h), the 

person would be considered to have met 

the requirements of the final SNUR for 

those activities. 

VI. SNUN Submissions 

SNUNs should be mailed to the 

Environmental Protection Agency, 

OPPT Document Control Office 

(7407M), 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

Information must be submitted in the 

form and manner set forth in EPA Form 

No. 7710–25. This form is available 

electronically on the EPA website at 

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

pubs/pmnforms.htm, and in hard copy 

from the Environmental Assistance 

Division (7408M), OPPT, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–0001 

(see 40 CFR 721.25(a) and 

720.40(a)(2)(i)). 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data or information before 

submission of a SNUN. Persons are 

required only to submit test data and 

information in their possession or 

control and to describe any other data 

known to or reasonably ascertainable by 

them (15 U.S.C. 2604(d); 40 CFR 

721.25). 

In view of the potential risks posed by 

manufacture, processing, distribution, 

and disposal of elemental mercury for 

use in motor vehicle switches, EPA 

recommends that potential SNUN 

submitters include data that would 

permit a reasoned evaluation of risks 

posed by elemental mercury. EPA 

encourages persons to consult with EPA 

staff before submitting a SNUN. As part 

of this optional pre-notice consultation, 

EPA will discuss specific data it 

believes may be useful in evaluating a 

significant new use. SNUNs submitted 

for a significant new use of elemental 


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mercury 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 the significant new use intended. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs that provide detailed 

information on: 

• Human exposure and 

environmental releases that may result 

from the significant new uses of 

elemental mercury. 

• Potential benefits of the significant 

new use of the elemental mercury. 

• Information on risks posed by the 

use of elemental mercury in motor 

vehicle switches relative to risks posed 

by mercury-free substitutes. 

• Information on how the concerns 

about elemental mercury emissions 

during disposal of end-of-life vehicles 

could be mitigated (e.g., rebates for 

switches removed before shredding). 

Submitters should consider including 

with a SNUN any other available studies 

on elemental mercury or studies on 

analogous substances which may 

demonstrate that the significant new 

uses being reported are unlikely to 

present an unreasonable risk. 

VIII. Economic Analysis 

A. SNUNs 

EPA evaluated the potential costs of 

establishing SNUR reporting 

requirements for potential 

manufacturers and processors of 

elemental mercury. While there is no 

precise way to calculate the total annual 

cost of compliance with this final rule, 

given the uncertainties related to 

predicting the number of SNUNs that 

would be submitted as a result of this 

SNUR, EPA estimates that the cost for 

preparing and submitting a SNUN is 

$7,302, including a $2,500 user fee 

required by 40 CFR 700.45(b)(2)(iii). 

Small businesses with annual sales of 

less than $40 million when combined 

with those of the parent company, if 

any, are subject to a reduced user fee of 

$100 (40 CFR 700.45(b)(1)). Based on 

past experience with SNURs and the 

low number of SNUNs which are 

submitted on an annual basis, EPA 

believes that there will be few, if any, 

SNUNs submitted as a result of this 

SNUR. EPA does not expect 

manufacturers of motor vehicles or 

mercury-containing replacement 

switches to choose to manufacture or 

process items that would require the 

submission of a SNUN. EPA believes 

that certain state laws that ban the use 

of mercury-containing switches in new 

motor vehicles, as well as marginal cost 

differences between mercury-containing 

and mercury-free switches, will make 

SNUN submission cost prohibitive. The 

costs of submitting SNUNs will not be 

incurred by any company unless that 

company decides to pursue a significant 

new use as defined in this SNUR. 

Further, while the expense of a notice 

and the uncertainty of possible EPA 

regulation may discourage certain 

innovations, that impact would be 

limited because such factors are 

unlikely to discourage an innovation 

that has high potential value. The 

complete economic analysis performed 

by EPA is available in the public docket, 

as referenced in the proposed rule. 

B. Export Notification 

As noted in Unit I. and Unit II.C., 

persons who 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) (15 U.S.C. 2611(b)). 

EPA estimated that the one-time cost of 

preparing and submitting an export 

notification was $93.02. The total costs 

of export notification will vary, 

depending on the number of required 

notifications (e.g., number of countries 

to which the chemical is exported). EPA 

is not able to estimate the total number 

of TSCA section 12(b) notifications that 

will be received as a result of this 

SNUR, nor the total number of 

companies that will file such notices. 

However, EPA expects that the total cost 

of complying with the export 

notification provisions of TSCA section 

12(b) will be limited, based on past 

experience. 

IX. 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 

has determined that this final SNUR is 

not a ‘‘significant regulatory action’’

subject to review by OMB, because it 

does not meet the criteria in section 3(f) 

of the Executive Order. 

B. Paperwork Reduction Act 

The Office of Management and Budget 

has approved the information collection 

requirements contained in this rule 

under the provisions of the Paperwork 

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

seq., and has assigned OMB control 

number 2070–0038 (EPA ICR No. 1188). 

This action would not impose any 

burden requiring additional OMB 

approval. If an entity were to submit a 

SNUN to EPA, the annual burden is 

estimated to require an average of 105 

hours per submission. 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. In addition 

to the time and effort to prepare and 

submit a SNUN, manufacturers must 

maintain records associated with the 

SNUN submission for five years. The 

recordkeeping associated with preparing 

and filing a SNUN is assumed to require 

five percent of the time spent on 

reporting, or 5 hours. This brings the 

total estimated time burden associated 

with a SNUN to 110 hours. 

According to PRA, burden means the 

total time, effort, or financial resources 

expended by persons to generate, 

maintain, retain, or disclose or provide 

information to or for a Federal Agency. 

This includes the time needed to review 

instructions; develop, acquire, install, 

and utilize technology and systems for 

the purposes of collecting, validating, 

and verifying information, processing 

and maintaining information, and 

disclosing and providing information; 

adjust the existing ways to comply with 

any previously applicable instructions 

and requirements; train personnel to be 

able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number and included on the 

related collection instrument or form, if 

applicable. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. In addition, EPA 

is amending the table in 40 CFR part 9 

of currently approved OMB control 

numbers for various regulations to list 

the regulatory citation for the 

information requirements contained in 

this final rule. Due to the technical 

nature of the table, EPA finds that 

further notice and comment about 

amending the table is unnecessary. As a 

result, EPA finds that there is good 

cause under section 553(b)(3)(B) of the 

Administrative Procedures Act (APA), 5 

U.S.C. 553(b)(3)(B), to amend the table 

in 40 CFR 9.1 without further notice and 

comment. 

C. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq., EPA hereby certifies 

that promulgation of this SNUR will not 

have a significant adverse economic 

impact on a substantial number of small 

entities. The rationale supporting this 


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conclusion is as follows. 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 

a SNUR only requires that any person 

who intends to engage in such activity 

in the future must first notify EPA by 

submitting a SNUN, no economic 

impact would even occur until someone 

decides to engage in those activities. 

Although some small entities may 

decide to conduct such activities in the 

future, EPA cannot presently determine 

how many instances, if any, there may 

be. However, EPA records indicate that 

an average of only 10 notices per year 

are received in response to the 

promulgation of more than 1,000 

SNURs. Of those SNUNs submitted, 

none appear to be from small entities in 

response to any SNUR. In addition, the 

estimated reporting cost for the 

submission of a SNUN (see Unit 

VIII.A.), is minimal, regardless of the 

size of the applicant organization. 

Therefore, EPA believes that the 

potential economic impact of complying 

with this SNUR is not expected to be 

significant or adversely impact a 

substantial number of small entities. In 

a SNUR that published on June 2, 1997 

(62 FR 29684) (FRL–5597–1), EPA 

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 Reform Act 

Based on EPA experience with 

proposing and finalizing SNURs, State, 

Local, and Tribal governments have not 

been impacted by these rulemakings. 

EPA does not have any reason to believe 

that any State, Local, or Tribal 

government will be impacted by this 

rulemaking. As such, EPA determined 

that this regulatory action will not 

impose any enforceable duty, contain 

any unfunded mandate, or otherwise 

have any affect on small governments 

subject to the requirements of sections 

202, 203, 204, or 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104–4). 

E. Federalism 

This action will not 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. Consultation and Coordination with 

Indian Tribal Governments 

This final rule will not have Tribal 

implications because it will not have 

substantial direct effects on Indian 

Tribes, uniquely affect the communities 

of Indian Tribal governments, and does 

not involve or impose any requirements 

that affect Indian Tribes. Accordingly, 

the requirements of Executive Order 

13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000), do not apply to this final rule. 

G. Protection of Children from 

Environmental Health Risks and Safety 

Risks 

This final rule is not subject to 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997), 

because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

H. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

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 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer and 

Advancement Act 

This action does not involve any 

technical standards; therefore, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113 (15 

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

action. 

J. Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations 

This action does 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). 

X. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: September 27, 2007. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1 the table is amended by 

adding a new entry in numerical order 

under the heading ‘‘Significant New 

Uses of Chemical Substances’’ to read as 

follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

.


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40 CFR citation OMB control No. 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10068 ....................... 2070–0038 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. By adding new § 721.10068 to 

subpart E to read as follows: 

§ 721.10068 Elemental mercury. 

(a) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definition 

applies: Motor vehicle has the meaning 

found at 40 CFR 85.1703. 

(b) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substance elemental 

mercury (CAS. No. 7439–97–6) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (b)(2) of this section. 

(2) The significant new uses are: 

(i) Manufacture or processing of 

elemental mercury for use in 

convenience light switches in new 

motor vehicles. 

(ii) Manufacture or processing of 

elemental mercury for use in 

convenience light switches as new 

aftermarket replacement parts for motor 

vehicles. 

(iii) Manufacture or processing of 

elemental mercury for use in switches 

in anti-lock brake systems (ABS) in new 

motor vehicles. 

(iv) Manufacture or processing of 

elemental mercury for use in switches 

in ABS as new aftermarket replacement 

parts for motor vehicles that were 

manufactured after January 1, 2003. 

(v) Manufacture or processing of 

elemental mercury for use in switches 

in active ride control systems in new 

motor vehicles. 

(vi) Manufacture or processing of 

elemental mercury for use in switches 

in active ride control systems as new 

aftermarket replacement parts for motor 

vehicles that were manufactured after 

January 1, 2003. 

(c) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Suspension or revocation of 

certain notification exemptions. The 

provisions of § 721.45(f) do not apply to 

this section. A person who imports or 

processes elemental mercury as part of 

an article is not exempt from submitting 

a significant new use notice. 

(2) [Reserved] 

[FR Doc. E7–19705 Filed 10–4–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0511; FRL–8476–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Carbon Monoxide 

Maintenance Plan Update; Limited 

Maintenance Plan in Philadelphia 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP) that was submitted on March 19, 

2007 by the Pennsylvania Department of 

the Environment. This revision is a 

conversion of the currently approved 

full maintenance plan for carbon 

monoxide for the years 2007–2017, to a 

maintenance plan that will utilize a 

limited maintenance plan option for the 

same period. This will allow Federal 

actions requiring conformity 

determinations to be considered as 

automatically satisfying the budget test 

for carbon monoxide. EPA is approving 

these revisions to the Philadelphia 

County carbon monoxide maintenance 

plan in accordance with the 

requirements of the Clean Air Act (the 

Act). This action is being taken under 

section 110 of the Act. 

DATES: This rule is effective on 

December 4, 2007 without further 

notice, unless EPA receives adverse 

written comment by November 5, 2007. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2007–0511 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2007–0511, 

Marilyn Powers, Acting Chief, Air 

Quality Planning Branch, Mailcode 

3AP21, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2007–

0511. 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. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 


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