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Page 1 of 31 EO12866_ MercurySNUR Mercury

- SNUR

- 3

- NPRM_ 2010

- 11

- 08.doc revised_2011

- 04

- 07.docx 1

2
Revised to address Interagency Comments received under EO 12866 Review. 3

BILLING CODE 6560

– 50

– P 4

ENVIRONMENTAL PROTECTION AGENCY 5

40 CFR Part 721 6

[EPA

– HQ

– OPPT

– 20 08

– 0483 ; FRL

– XXXX

– X ] 7

RIN 2070

- AJ71 8
Elemental Mercury Used in Barometers, Manometers, Hygrometers, and 9 Psychrometers; Significant New Use Rule 10

AGENCY: Environmental Protection Agency (EPA). 11

ACTION: Proposed rule. 12

SUMMARY : EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) 13
of the Toxic Substances Control Act (TSCA) for elemental mercury for use in 14

barometers, manometers, and hygro meters /psychrometers. This action would require 15
persons who intend to manufacture (including import ) or process elemental mercury for 16
an activity that is designated as a significant new use by this proposed rule to notify EPA 17
at least 90 days b efore commencing that activity. The required notification would 18
provide EPA with the opportunity to evaluate the intended use and, if necessary, to 19
prohibit or limit that activity before it occurs . Not included in this proposed SNUR is 20
mercury use in barometers, manometers, and hygro meters /psychrom eters when they are 21

in service as of the publication date of this proposed rule ; and mercury use in portable, 22
battery

- powered, motor

- aspirated psychrometers that contain fewer than 7 seven grams of 23
elemental mercury because they are currently manufactured. For this proposed rule, the 24
general SNUR exemption for persons that import or process chemical substances as part 25*** EO 12866 Review Dra ft

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Page 2 of 31 of an article at 40 CFR 721.45(f) would not apply. 26

27 DATES: Comments must be received on or before [ insert date 60 days after date of 28
publication in the Federal Register ]. 29

ADDRESSES: Submit your comments, identified by docket identification ( ID ) number 30

EPA

– HQ

– OPPT

– 2008

- 0483 , by one of the following methods: 31

• Federal eRulemaking Portal : http://www.regulations.gov . Follow the on

- line 32

in structions for submitting comments. 33

• Mail : Document Control Office (7407M), Office of Pollution Prevention and 34

Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 35
Washington, DC 20460

– 0001. 36

• Hand Delivery : OPPT Document Control Office (DCO ) , EPA East Bldg., Rm. 37
6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID N umber 38

EPA

– HQ

– OPPT

– 2008

- 0483 . The DCO is open from 8 a.m. to 4 p.m., Monday through 39
Friday, excluding legal holidays. The telephone number for the DCO is (202) 564

– 8930. 40
Such deliveries are only accepted during the DCO’s normal hours of operation, and 41
special arrangements should be made for deliveries of boxed information. 42

Instructions : Direct your comments to docket ID number EPA

– HQ

– OPP T

– 2008

- 43

0483 . EPA's policy is that all comments received will be included in the docket without 44
change and may be made available on

- line at http://www.regulations.gov
, including any 45
personal information provided, unless the comment includes information claimed to be 46

Confidential Business Information (CBI) or other information whose disclosure is 47
restricted by statute. Do not submit information that you consider to be CBI or otherwise 48
protected through regulations.gov or e

- mail. The regulations.gov website is an 49*** EO 12866 Review Dra ft

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Page 3 of 31 “anon ymous access” system, which means EPA will not know your identity or contact 50
information unless you provide it in the body of your comment. If you send an e

- mail 51
comment directly to EPA without going through regulations.gov, your e

- mail address 52

will be au tomatically captured and included as part of the comment that is placed in the 53
docket and made available on the Internet. If you submit an electronic comment, EPA 54
recommends that you include your name and other contact information in the body of 55

your comm ent and with any disk or CD

- ROM you submit. If EPA cannot read your 56
comment due to technical difficulties and cannot contact you for clarification, EPA may 57
not be able to consider your comment. Electronic files should avoid the use of special 58

characters, any form of encryption, and be free of any defects or viruses

. 59

Docket : All documents in the docket are listed in the docket index available at 60
http://www.regulations.gov

. Although listed in the index, some information is not 61
publicly available, e.g., CBI or other information whose disclosure is restricted by statute. 62
Certain other material, such as copyrighted material, will be publicly available only in 63
hard copy. Publicl y available docket materials are available electronically at 64
http://www.regulations.gov
, or, if only available in hard copy, at the OPPT Docket. The 65

OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3 334, EPA West 66
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 67
Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 68
legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 69

566

– 1744, and the telephone number for the OPPT Docket is (202) 566

– 0280. Docket 70
visitors are required to show photographic identification, pass through a metal detector
, 71

and sign the EPA visitor log. All visitor bags are processed through an X

- ray mach ine 72
and subject to search. Visitors will be provided an EPA/DC badge that must be visible at 73*** EO 12866 Review Dra ft

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Page 4 of 31 all times in the building and returned upon departure. 74

FOR FURTHER INFORMATION CONTACT: For technical information contact : 75

Sue Slotnick , National Program Chemical s Division
, Office of Pollution Prevention and 76
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 77

DC 20460

– 0001; telephone number: (202) 55 6

– 1973 ; e

- mail address: 78

slotnick.sue @epa.gov

. 79
For general information contact : The TSCA

- Hotline
, ABVI

- Goodwill, 422 South 80

Clinton Ave., Rochester, NY 14620 ; telephone number: (202) 554

– 1404; e

- mail address: 81

TSCA

- Hotline@epa.gov

. 82

SUPPLEMENTARY INFORMATION: 83

I. General Information 84

A. Does this Action Apply to Me? 85

Y ou may be potentially affected by this action if you manufacture (defined by 86
statute to include import) or process elemental mercury used in barometers, manometers, 87
or hygrometers/psychrometers

. Potentially affected entities may include, but are not 88

limited to: 89

• M anufacturers of instruments and related products for measuring, displaying, 90
and controlling industrial process variables (North American Industrial Classification 91
System (NAICS) code 334513) 92

T his listing is not intended to be exhaustive, but rather provides a guide for 93
readers regarding entities likely to be affected by this action. Other types of entities not 94

listed in this unit could also be affected. The North American Industrial Classification 95
System (NAICS) codes have been provided to assist you and others in determining 96
whether this action might apply to certain entities

. If you have any questions regarding 97*** EO 12866 Review Dra ft

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Page 5 of 31 the applicability of this action to a particular entity, consult the technical person listed 98

under FOR FURTHER INFORMATION CONT ACT

. 99
This action may also affect certain entities through pre

- existing import 100
certification and export notification rules under TSCA. Persons who import any 101
chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 102

U.S.C. 2612) i mport certification requirements and the corresponding regulations at 19 103
CFR 12.118 through 12.127 ; see also 19 CFR 127.28. Those persons must certify that 104
the shipment of the chemical substance complies with all applicable rules and orders 105

under TSCA, in cluding any SNUR requirements. The EPA policy in support of import 106
certification appears at 40 CFR part 707, subpart B. In addition, any persons who export 107
or intend to export a chemical substance that is the subject of this proposed rule on or 108

after [ in sert date 30 days after the date of publication in the Federal Register ] are subject 109
to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), (see 40 110
CFR 721.20), and must comply with the export notification requirements in 40 CFR p art 111
707, subpart D. Note that as of January 1, 2013, the Mercury Export Ban Act of 2008 112
prohibits the export of elemental mercury from the United States (see TSCA section 113

12(c) (15 U.S.C. 2611(c)). 114

B

. What Should I Consider as I Prepare My Comments for EPA? 115

1

. Submitting CBI . Do not submit this information to EPA through 116
regulations.gov or e

- mail. Clearly mark the part or all of the information that you claim 117

to be CBI. For CBI information in a disk or CD

- ROM that you mail to EPA, m ark the 118

outside of the disk or CD

- ROM as CBI and then identify electronically within the disk or 119

CD

- ROM the specific information that is claimed as CBI. In addition to one complete 120

version of the comment that includes inf ormation claimed as CBI, a copy of the comment 121*** EO 12866 Review Dra ft

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Page 6 of 31 that does not contain the information claimed as CBI must be submitted for inclusion in 122
the public docket. Information so marked will not be disclosed except in accordance with 123
procedures set forth in 40 CFR part 2. 124

2. Tips for preparing your comments . When submitting comments, remember to: 125
i. Identify the document by docket ID number and other identifying information 126
(subject heading, Federal Register date and page number). 127
ii. Follow directions. The Age ncy may ask you to respond to specific questions or 128
organize comments by referencing a Code of Federal Regulations (CFR) part or section 129

number. 130
iii. Explain why you agree or disagree; suggest alternatives and substitute 131
language for your requested change s. 132
iv. Describe any assumptions and provide any technical information and/or data 133
that you used. 134
v. If you estimate potential costs or burdens, explain how you arrived at your 135
estimate in sufficient detail to allow for it to be reproduced. 136

vi. Provide s pecific examples to illustrate your concerns and suggest alternatives. 137

vii. Explain your views as clearly as possible, avoiding the use of profanity or 138
personal threats. 139
viii. Make sure to submit your comments by the comment period deadline 140

identified. 141

I I. Background 142

A. What Action is the Agency Taking? 143
This proposed SNUR would require persons to notify EPA at least 90 days before 144
commencing the manufacture , import, or processing of elemental mercury for any of the 145*** EO 12866 Review Dra ft

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Page 7 of 31 following significant new uses: barometers, manometers, and 146
hygro meters /psychrometers

. Not included in this proposed rule are barometers, 147

manometers, and hygro meters /psychrometers when they are in service as of the 148
publication date of this proposed rule . Also not included in this propos al is the ongoing 149
use of mercury in the manufacture, import, or processing of portable battery

- powered 150

motor

- aspirated psychrometers that contain fewer than 7 seven grams of elemental 151
mercury because they are currently manufactured. Sphygmomanometers and ot her 152
“devices” as defined under section 201 of the Federal Food, Drug, and Cosmetics Act 153
would not be affected by this proposed rule when manufactured, imported, or processed 154

for use as a device. See TSCA 3(2)(B)(vi). Finally, m anometers used in the natur al gas 155
industry would not be affected by this rule because they were included in a previous 156

SNUR ( 75 F R 42330, July 21, 2010). 157

B. What is the Agency's Authority for Taking this Action? 158

Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to dete rmine that 159
a use of a chemical substance is a "significant new use." EPA must make this 160
determination by rule after considering “ all relevant factors
, including those listed in 161

TSCA section 5( : 162
• The projected volume of manufacturing and processing of a chemical 163

substance
, 164

• The ext ent to which a use changes the type or form of exposure of human 165
beings or the environment to a chemical substance
, 166

• The extent to which a use increases the magnitude and duration of exposure of 167
human beings or the environment to a chemical substance
, and 168
• The reasonably anticipated manner and methods of manufacturing, processing, 169*** EO 12866 Review Dra ft

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Page 8 of 31 distribution in commerce, and disposal of a chemical substance .” 170

In addition to these factors enumerated in TSCA section 5(a)(2), the statute authorizes 171

EPA to consider any other relevant factors. )(2)

. 172

. Once EPA determines that a use of a chemical substance is a significant new use, 173
TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) 174
to EPA at least 90 days before they manufacture o r process the chemical substance for 175
that use (15 U.S.C. 2604(a)(1)(B)). As described in Unit II.C., the general SNUR 176
provisions are found at 40 CFR Part 721, Subpart A. 177

C. Applicability of General Provisions 178 179 General provisions for SNURs appear under 40 CFR part 721, subpart A. These 180
provisions describe persons subject to the rule, recordkeeping requirements , exemptions 181
to reporting requirements, and applicability of the rule to uses occurring before the 182

effective date of the final rule

. However, 40 C FR 721.45(f) would not apply to this 183
proposed SNUR. As a result, persons subject to the provisions of this proposed rule 184
would not be exempt from significant new use reporting if they import or process 185
elemental mercury as part of an article ( see 40 CFR 72 1.5). Conversely, the exemption 186
from notification requirements for exported articles (see 40 CFR 707.60(b)) would 187

remain in force. Thus, persons who export elemental mercury as part of an article would 188

not be required to provide export noti fication. 189

Prov isions relating to user fees appear at 40 CFR part 700. According to 40 CFR 190
721.1(c), persons subject to SNURs must comply with the same notice requirements and 191
EPA regulatory procedures as submitters of Premanufacture Notices (PMNs) under 192

TSCA section 5( a)(1)(A). In particular, these requirements include the information 193
submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by 194*** EO 12866 Review Dra ft

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Page 9 of 31 TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. 195

Once EPA receives a SNUN, the Agency may take regulatory action under TSCA section 196

5(e), 5(f), 6, or 7 to control the activities on which it has received the SNUN. If EPA 197

does not take action, the Agency is required under TSCA section 5(g) to explain in the 198

Federa l Register its reasons for not taking action. 199
Persons who export or intend to export a chemical substance identified in a 200
proposed or final SNUR are subject to the export notification provisions of TSCA section 201
12(b). The regulations that interpret TSCA section 12(b) appear at 40 CFR part 707, 202
subpart D. Persons who import a chemical substance identified in a final SNUR are 203
subject to the TSCA section 13 import certification requirements, codified at 19 CFR 204
12.118 through 12.127 ; see also 19 CFR 127.28. Such persons must certify that the 205
shipment of the chemical substance complies with all applicable rules and orders under 206
TSCA, including any SNUR requirements. The EPA policy in support of import 207
certification appears at 40 CFR part 707, subpart B. 208

III. Summary of Proposed Rule 209

A. Overview of M ercury and M

ercury U ses 210

1. Mercury

. This proposed rule applies to elemental mercury (CAS No. 7439

– 211

97

– 6), which is a naturally occurring element. Because of its unique properties (e.g., 212
exists as a liquid at room temperature and forms amalgams with many metals), elemental 213
mercury has been u sed in many industrial processes and consumer products. In addition 214
to its useful characteristics, mercury also is known to cause adverse health effects in 215
humans and wildlife. These effects can vary depending on the form of mercury to which 216

a person or a nimal is exposed, as well as the magnitude, duration , and frequency of 217

exposure. 218*** EO 12866 Review Dra ft

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Page 10 of 31 The most prevalent human and wildlife exposure to mercury results from 219
ingesting fish contaminated with methylmercury. Methylmercury is an organ o

- metallic 220
compound that is f ormed via the conversion of elemental or inorganic mercury 221
compounds by certain microorganisms and other natural processes. For example, 222
elemental mercury may evaporate and be emitted into the atmosphere. Atmospheric 223

mercury can then be deposited directly into water bodies or watersheds, where it can be 224

washed into surface waters via overland run

- off. Once deposited in sediments, certain 225
microorganisms and other natural processes can convert elemental mercury into 226
methylmercury. Methylmercury bioaccumulates , which means that it is taken up and 227
concentrated in the tissues of aquatic, mammalian, avian, and other wildlife. 228
Methylmercury is a highly toxic substance; a number of adverse health effects associated 229
with exposure to it have been identified in humans and in animal studies. Most extensive 230
are the data on neurotoxicity, particularly in developing organisms. Fetuses, infants, and 231
young children generally are more sensitive to methylmercury’s neurological effects than 232

adults. 233

I n 2004, EPA and the Food and Drug Administration (FDA) issued a national 234
consumption advisory concerning mercury in fish. The advisory contains recommended 235
limits on the amount of certain types of fish and shellfish that pregnant women and young 236
children can safely consume. By 2005, all fifty states had issued fish consumption 237

advisories for fish from certain water bodies known to be contaminated by 238
methylmercury http://www.epa.gov/mercury/advisories.htm. 239
In addition to methylmercury, exposure to elemental mercury can also pose healt h 240
risks. Elemental mercury primarily causes health effects when it is breathed as a vapor 241

that can be absorbed through the lungs. These exposures can occur when elemental 242*** EO 12866 Review Dra ft

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Page 11 of 31 mercury is spilled or products that contain elemental mercury break, resulting in rel ease 243
of mercury to the air, particularly in warm or poorly

- ventilated indoor spaces. 244
For a more detailed summary of background information (e.g., chemistry, 245
environmental fate, exposure pathways, and health and environmental effects), as well as 246

reference s pertaining to elemental mercury that EPA considered before proposing this 247
rule, please refer to EPA’s proposed SNUR for mercury switches in motor vehicles, 248
issued in the Federal Register of July 11, 2006, or in the docket for the 2006 proposal 249

under dock et identification number EPA

- HQ

- OPPT

- 2005

- 0036. All documents in the 250

docket are listed in the docket's index
, which is available at http://www.regulations.gov

. 251

2. Mercury u ses

. Elemental mercury has been used in thousands of products and 252
applications. O ver the past two decades, there has been a dramatic drop in elemental 253
mercury use by i ndustries in the United States. In response to increased concerns about 254
exposure to anthropogenic sources of mercury in the environment and also because of the 255

availabili ty of suitable mercury

- free products, Federal and State governments have made 256

efforts to limit the use of elemental mercur y in certain products. Various s tates have 257
banned or restricted the manufacture or sale of products containing mercury. While this 258

is not the rationale for this proposed rule, it does indicate that the transition to cost

259

effective non

- mercury containing alternatives is already established. See 260
http://www.epa.gov/epawaste/hazard/tsd/mercury/laws.htm

. 261

On October 7, 2007, EPA issued a fi nal SNUR for elemental mercury used in 262
convenience light switches, anti

- lock braking system switches, and active ride control 263
system switches in certain motor vehicles (72 FR 56903
, July 11, 2006 ). EPA 264
promulgated another SNUR for flow meters, natural gas manometers, and pyrometers on 265
July 21, 2010 ( 75 F R 42330 ). For more information on EPA is also considering 266*** EO 12866 Review Dra ft

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Page 12 of 31 regulatory actions activities on mercury in products that are currently manufactured and 267
other areas, see www.epa.gov/hg

. 268
In the past, elemental mercury was used in the manufacture of barometers, 269

manometers, and hygro meters /psychrometers

. The latest information available to EPA 270

indicates that the manufacture (including import) of these mercury

- containing articles has 271
ceased (with the exception of one ps y chrometer as described at Unit III.A.5.). EPA also 272

has found that all three products subject to the proposed SNUR currently have effective 273
and economically feasible substitutes (ref 1). EPA requests comments on whether 274
elemental mercury continues to be used in manufacturing (including importing into the 275

U.S. ) barometers, manometers, or hygrometers/psychrometers. EPA also requests 276
comment on whether elementary mercury is being used in the remanufacturing of any of 277

these articles that remain in use. 278

3. Baro meters c ontaining e lemental m ercury

. Barometers are instruments which 279

measure atmospheric pressure. Mercury barometers were manufactured as a long 280
cylindrical tube, typically closed at one end, with a mercury

- filled reservoir at the base. 281
The weight of mercury created a vacuum at the top of the tube, and t he mercury adjusted 282
until the pressure inside the reservoir equaled the atmospheric pressure. Rising mercury 283
indicated increasing air pressure while dropping mercury indicated decreasing air 284

pressure . Historically, mercury barometers were used in applicati ons where measuring 285
and monitoring changes in air pressure are important, such as weather stations, airports, 286
and ships. Additional uses include scientific demonstration in schools and non

- mercury 287
device calibration. A mercury barometer contains between 4 00 and 620 grams of 288

mercury (Ref. 1 ). 289

A lternatives to mercury

- containing barometers include aneroid, electronic, and 290*** EO 12866 Review Dra ft

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Page 13 of 31 other liquid

- based (water or eco

- celli) barometers. At least eight states have banned the 291
sale of mercury

- containing barometers. EPA found sufficient information to conclude 292
that mercury

- containing baro me ters are no longer manufactured in or imported into the 293

U.S. (Ref. 1 )

. 294

4. M

anometers containing elemental mercury

. A manometer is an instrument 295
used to measure pressure of gases or liquids. Mercury

- containing manometers were 296

manufactured for u se in sectors such as dairy farms, Heating Ventilation heating 297

ventilation and Air Conditioning/Plumbing Installation air conditioning / plumbing 298

installation and Repair, Auto/Motorcycle Industry repair
, auto / motorcycle industry
, 299

laboratories ; and in general industrial uses. The amount of merc ury used in a single 300

manometer rang ed between approximately 150 kg 30 grams and 525 kg grams (Ref. 1 )

. 301
Alternatives to mercury manometers include hydrostatic gauges using mercury

302
free liquid, aneroid manometers, needle

- bourdon gauges and digital manometers. At 303
least five states have banned the sale of mercury

- containing manometers, and four 304

additional stat es have banned the sale of mercury

- containing dairy manometers (Ref. 1 ). 305
EPA found sufficient information to conclude that mercury

- containing manometers are 306

n o longer manufactured in or imported into the U.S. (Ref

. 1). 307

5. Hygrometers/psychrometers co ntaining elemental mercury

. Hygrometers are 308
instruments used to measure relative humidity (i.e., the moisture content of the air). 309
Psychrometers, which are the most common type of hygrometer, use two mercury

- added 310

thermometers, one with a wetted base, and one with a dry base. Hygrometers and 311
psychrometers function similarly; however
, they are used in different applications

. 312
Historically, mercury

- containing hygrometers were used for cigar and tobacco humidors, 313
or in residential settings, while mercury

- cont aining psychrometers were used by 314*** EO 12866 Review Dra ft

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Page 14 of 31 atmospheric scientists and weather enthusiasts. The amount of mercury in a single 315
hygrometer or psychrometer was between three and seven grams. 316
There are two types of alternatives to mercury

- added hygrometers that are rea dily 317
available and widely used: spirit

- filled devices, which use methyl alcohol or citrus oil 318
thermometers and provide results with comparable accuracy to mercury

- added 319
thermometers; and digital devices, which use electronic sensors to measure humidity 320

cha nges and, when calibrated properly, provide results that are as accurate r esults as 321
mercury devices. 322

Seven states have banned the sale and distribution of mercury

- containing hygrometers 323
and psychrometers and three additional states have general phase

- outs of mercu ry

- added 324
products. EPA found sufficient information to conclude that only one type of mercury

325
containing hygrometer/psychrometer is manufactured in or imported into the U.S. 326

P ortable, battery

- powered, motor

- aspirated psychrometers containing fewer than 7 s even 327
grams of elemental mercury continue to be manufactured in the U.S. (Ref. 1 )

. EPA is 328
considering whether risk management or other actio ns would be appropriate for the one 329
type of psychrometer that is still in use. 330

6

. Potential exposure and release

. The typical lifecycle of barometers, 331
manometers, and hygrometers/psychrometers includes several stages: manufacture, 332
distribution in commerce, use, and waste management (landfilling or recycling). At any 333
point in the lifecycle, there is potential for mercury to be released as liquid or vapor. 334
Workers and others can be exposed to th e mercury and it can be released into water, air, 335
or onto land as the mercury is transported, stored, and handled during manufacturing. 336

While the baro met ers, manometers, and hygrometers/psychro meters are in use, the 337
mercury can vaporize or spill due to br eakage during transport, installation, maintenance, 338*** EO 12866 Review Dra ft

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Page 15 of 31 refilling, or repair. Other opportunities for release can occur at the end of the lifecycle of 339

baro met ers, manometers, and hygrometers/psychro meters as the se devices are removed 340
from equipment and facilit ies, and handled during waste management. 341

B. Proposed Action 342
EPA is proposing to designate as significant new uses the use of elemental 343
mercury in barometers, manometers, and hygrometers / psychrometers. However, use of 344
elemental mercury in these article s when they are in service as of the publication date of 345
this proposed rule would not be covered as a significant new use under this proposed 346
SNUR. Also, use of mercury in portable, battery

- powered, motor

- aspirated 347
psychrometers that contain fewer than 7 sev en grams of mercury is an ongoing use and 348

therefore would not be covered by this SNUR. Due to EPA’s concern about use of 349
mercury in products, the Agency may take other action to facilitate the evaluation or 350
control of ongoing uses, as appropriate. For the portable, battery

- powered, motor

351
aspirated psychrometers that contain fewer than 7 seven grams of mercury, EPA is 352
considering whether risk management or other actions would be appropriate. Use of 353
mercury in manometers used in the natural gas industry would not be affected by this 354
proposed SNUR because they are included in a previous SNUR. ( 75 F R 42330, July 21, 355

2010). Proposed definitions of “barometer,” “manometer,” “hygrometer” and 356
“psychrometer” can be found at 40 CFR 721.10068 of the regulatory text at t he end of 357
this proposed rule. 358

This action would amend 40 CFR 721.10068 and require persons who intend to 359
manufacture or process elemental mercury for a use designated by this proposed rule as a 360
significant new use to notify EPA at least 90 days before co mmencing the manufacturing 361
or processing of elemental mercury for such significant new use. The required 362*** EO 12866 Review Dra ft

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Page 16 of 31 notification would provide EPA with the opportunity to evaluate the intended use and, if 363
necessary, to prohibit or limit that activity before it occur s. 364
For this SNUR, EPA is proposing not to include the general “article” exemption 365
at 40 CFR 721.45(f). Thus, persons importing or processing elemental mercury 366
(including when part of an article) for a significant new use would be subject to the 367

notifica tion requirements of 40 CFR 721.25. EPA proposes not to include this exemption 368

because barometers, manometers, and hygrometers/psychrometers are articles, and a 369
primary concern associated with this SNUR is potential exposures associated with the 370
lifecycle of these uses. Further, it is possible to reclaim elemental mercury from certain 371
articles, which could be used to produce baro meters, manometers, or 372
hygrometers/

p s y ch rometers. EPA notes that, in accordance with TSCA section 12(a) and 373
40 CFR 721.45(g), per sons who manufacture or process elemental mercury solely for 374
export would be exempt from the notification requirements of 40 CFR 721.25, if when 375
distributing the substance in commerce, it is labeled in accordance with TSCA section 376

12(a)(1)(B). Further, EP A notes that the exemption from the TSCA section 12(b) 377
notification requirements for exported articles ( see 40 CFR 707.60(b)) would remain in 378

force. Thus
, persons who export elemental mercury as part of an article would not be 379
required to provide export n oti fication

. 380
EPA believes elemental mercury is no longer used to manufacture barometers, 381
manometers, and hygrometers/psychrometers (with one exception as discussed), but 382
some of these articles may remain in service in the United States. The ongoing use o f 383
such articles, including some maintenance and servicing activities, falls outside of the 384
scope of this significant new use rule. Thus, the manufacturing and processing of 385
elemental mercury for use in these articles, provided they are in service as of th e 386*** EO 12866 Review Dra ft

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Page 17 of 31 publication date of this proposed rule, would not be covered by the rule. For example, if 387
an article that is in service as of the publication date of this proposed rule is removed 388
from service for maintenance or servicing, including the addition of new mercury, and 389
then placed back into service, any manufacturing or processing of mercury associated 390
with that maintenance or servicing would not be covered by the rule. Otherwise, the 391
addition of new mercury to these existing articles after the effective da te of this proposed 392
rule could potentially trigger a significant new use notice under this proposed rule (e.g., if 393
it involved processing of the mercury), which is not EPA's intent. 394

IV. Significant New Use Determination Rationale and Objectives 395

A. Rationale 396
As summarized in Unit III.A., EPA has concerns regarding the environmental fate 397
and the exposure pathways of elemental mercury that lead to the presence of 398
methylmercury in fish and the consumption of mercury

- contaminated fish by humans and 399

wildlife. EPA is encouraged by the general discontinuation of the use of elemental 400
mercury in the manufacturing of barometers, manometers, and 401
hygrometers/

p s y chr ometers. However, EPA is concerned that the manufacturing or 402
processing of elemental mercury for the propose d significant new use s could be 403
reinitiated in the future. Accordingly, EPA wants the opportunity to evaluate and control, 404
where appropriate, activities associated with those uses, if such manufacturing or 405
remanufacturing were to occur again. The required notification provided by a SNUN 406
would provide EPA with the opportunity to evaluate activities associated with a 407
significant new use and an opportunity to protect against unreasonable risks, if any, from 408

exposure to mercury. 409
Consistent with EPA’s past pra ctice for issuing SNURs under TSCA Section 410*** EO 12866 Review Dra ft

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Page 18 of 31 5(a)(2), EPA’s decision to propose a SNUR for a particular chemical use need not be 411
based on an extensive evaluation of the hazard, exposure, or potential risk associated with 412

that use. Rather, the Agency’s action is based on EPA’s determination that if the use 413
begins or resumes, it may present a risk that EPA should evaluate under TSCA before the 414
manufacturing or processing for that use begins. Since the new use does not currently 415
exist, deferring a detailed cons ideration of potential risks or hazards related to that use is 416

an effective use of resources. If a person decides to begin manufacturing or processing 417
the chemical for the use, the notice to EPA allows EPA to evaluate the use according to 418
the specific par ameters and circumstances surrounding that intended use

. 419

B. Objectives 420
Based on the considerations in Unit IV.A., EPA has the following objectives with 421
regard to the significant new uses that are designated in this proposed rule: 422

1. EPA would receive notice of any person’s intent to manufacture or process 423
elemental mercury for any of the described significant new uses before that activity 424
begins. 425
2. EPA would have an opportunity to review and evaluate data submitted in a 426

SNUN before the notice submit ter begins manufacturing or processing of elemental 427
mercury for any of the described significant new uses. 428
3. EPA would be able to regulate prospective manufacturers or processors of 429
elemental mercury before the described significant new uses of the chem ical substance 430
occur, provided that regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6 or 7. 431

V. C. Relevant Factors Considered for this SNUR 432
Significant New Use Determination 433

Section 5(a)(2) of TSCA states that EPA's determination that a use of a chemical 434*** EO 12866 Review Dra ft

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Page 19 of 31 substance is a signifi cant new use must be made after consideration of all relevant factors 435
including: (see further detail at Unit II. B.). 436
• The projected volume of EPA has preliminarily determined that manufacturing 437

and or processing of a chemical substance 438

• The elemental mercury for use in barometers, manometers, or 439
hygrometers/psychromet ers is a significant new use . This determination is based on the 440
following factor in TSCA section 5(a )(2): “ t he extent to which a use cha nges increases the 441
type or form magnitude and duration of exposure of human beings or the envi ronment to a 442

chemical substance 443

• The extent to which a use increases the magnitude and duration of exposure of 444
human beings or the environment to a chemical substance 445
• The reasonably anticipated manner and methods of manufacturing, processing, 446
distribution in commerce, and disposal of a chemical substance 447

In addition to these factors enumerated in TSCA section 5(a)(2), the statute 448

authorizes EPA to consider any other relevant factors. 449

To determine what would constitute a

. ” Increased ex posure to mercury is 450
significant new use b ecause of elemental mercury
, EPA considered the four factors listed 451

in section 5(a)(2) of TSCA. adverse health effects described at Unit III.A. 1

. The latest 452
information available to EPA indicates that there is no ongoing use of elemental mercury 453

in the manufacture or remanufacture of barometers, manometers, hygrometers, and all but 454
one type of psychrometer

. Resumption of these uses of elemental merc ury could result in 455
a significant increase in the magnitude and duration of exposure to workers and the 456
surrounding environment at facilities of all types involved in the lifecycle of the products
, 457

as well as an increase described in greater detail in Unit III. A. 6. I ncrease in releases 458*** EO 12866 Review Dra ft

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Page 20 of 31 which could contrib ute additional mercury to the atmosphere for long

- range transport

. 459
Resumption of these uses could also result in exposures to workers who had not 460
previously worked in these facilities when elemental mercury was commonly used, as 461
well as exposures to worke rs who are not currently being exposed to mercury in the 462

manufacture of barometers, manometers, or hygrometers/psychrometers

. Increases in 463
mercury releases could lead to increases in mercury concentrations in the environment 464
and reduction in overall ecosy stem and human health from consumption of mercury

465

contaminated fish. 466
EPA believes that any of these renewed uses of elemental mercury would increase 467
the magnitude and duration of exposure to humans and the environment over that which 468

would otherwise exi st. Based upon the relevant factors as discussed in this Unit Thus
, 469

EPA has preliminarily determined that any manufacturing or processing of elemental 470

mercury for use in barometers, manometers, or hygrometers/psychrometers is a 471
significant new use
, except for mercury use in barometers, manometers, and 472
hygro meters /psychrometers when they are in service as of the effective date of this 473
proposed rule ; and in portable, battery

- powered, motor

- aspirated psychrometers that 474

contain less than 7 seven grams of elemental mercury. 475

VI D. Request for Comment 476

EPA welcomes comment on all aspects of this proposed rule, including comments 477
on the basis for the significant new use determinations presented for this proposed rule. 478

V . Alternatives 479
Before proposing this SNUR, EPA considered the following alternative regulatory 480

actions :

. 481

A. Promulgate a TSCA section 8(a) reporting rule

. 482*** EO 12866 Review Dra ft

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Page 21 of 31 Under a TSCA section 8(a) rule, EPA could, among other things, generally 483
require persons to report information to the Agency when they intend to manufacture or 484
process a listed chemical for a specific use or any use. However, for elemental mercury 485

used in barom eters, manometers, and hygrometers/ p s y chro meters, the use of TSCA 486
section 8(a) rather than SNUR authority would have several limitations. First, if EPA 487

w ere to require reporting under TSCA secti on 8(a) instead of TSCA section 5(a), EPA 488
would not have the opportunity to review human and environmental hazards and 489
exposures associated with the proposed significant new use and, if necessary, take 490

immediate follow

- up regulatory action under TSCA secti ons 5(e) or 5(f) to prohibit or 491
limit the activity before it begins. In addition, EPA may not receive important 492
information from small businesses, because such firms generally are exempt from TSCA 493
section 8(a) reporting requirements. In view of the level of health and environmental 494

concerns about elemental mercury, if used for the proposed significant new use use s , EPA 495

believes that a TSCA section 8(a) rule for this substance would not meet EPA's 496
regulatory objectives. 497

B. Regulate elemental mercury for use in barometers, manometers, and 498
hygrometers/psychrometers under TSCA section 6. 499
EPA may regulate under TSCA section 6 if "the Administrator finds that there is a 500
reasonable basis to conclude that the manufacture, processing, distribution in commerce, 501

us e or disposal of a chemical substance or mixture . . . presents or will present an 502
unreasonable risk of injury to health or the environment." (TSCA section 6(a)). Given 503

that elemental mercury is no longer being used in the manufacture of barometers, 504

mano meters, or hygrometers/psychrometers (with the exception of one p s ychrometer)
, 505
EPA concluded that risk management action under TSCA section 6 is not necessary at 506*** EO 12866 Review Dra ft

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Page 22 of 31 this time. This proposed SNUR would allow the Agency to address the potential risks 507
associated with the proposed significant new use

. Note that EPA is also considering 508
whether risk management or other regulatory action may be appropriate for the one 509
remaining psychrometer use. 510

C . Allow the Exemption for Persons that Import or Process Ele mental Mercury as Part 511
of Articles that Could be Subject to the SNUR. 512
Under the SNUR exemption provision at 40 CFR 721.45(f), a person who imports 513
or processes a substance covered by a SNUR identified in subpart E of part 721 as part of 514

an article is not generally subject to the notification requirements of § 721.25 for that 515
substance. However, EPA is concerned that exempting articles would render the SNUR 516
less effective because of the possibility that barometers, manometers, and 517
hygrometers/psychrometers containing elemental mercury could be imported or 518
processed for uses subject to this proposed SNUR without the submission of a SNUN. 519

Because mercury

- containing barom eters, manometers , and hygrometers/ p s y ch rometers 520
are the primary concerns in this SNUR, EPA wishes to include not only bulk elemental 521
mercury but also these and other articles when they contain elemental mercury imported 522
or processed for a significant new use . Thus, EPA is proposing to promulgate this rule 523
without the exemption generally provide d for in §721.45(f). 524

525

VII VI . Applicability of Rule to Uses Occurring Before Effective Date of the Final 526

Rule 527
As discussed in the Federal Register of April 24, 1990 (55 FR 17376), EPA has 528
decided that the intent of section 5(a)(1)(B) of TSCA is best served by designating a use 529
as a significant new use as of the date of publication of this proposed rule rather than as 530*** EO 12866 Review Dra ft

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Page 23 of 31 of the effective date of the final rule. If uses begun after publication of the proposed rule 531
were considered ongoing rather than new, it would b e difficult for EPA to establish 532
SNUR notice requirements, because a person could defeat the SNUR by initiating the 533
proposed significant new use before the rule became final, and then argue that the use 534
was ongoing as of the effective date of the final rul e. Thus, persons who begin 535
commercial manufacture or processing of the chemical substance that would be regulated 536
through this proposed rule
, if finalized
, would have to cease any such activity before the 537

effective date of the rule if and when finalized. To resume their activities, these persons 538
would have to comply with all applicable SNUR notice requirements and wait until the 539
notice review period, including all extensions, expires. EPA has promulgated provisions 540
to allow persons to comply with this SN UR before the effective date. If a person were to 541
meet the conditions of advance compliance under section 721.45(h), that person would be 542
considered to have met the requirements of the final SNUR for those activities. 543

VIII VII . Test Data and Other Information 544
EPA recognizes that TSCA section 5 does not require the development of any 545
particular test data before submission of a SNUN . There are two exceptions: 1) 546
development of test data is required where the chemical substance subject to the SNUR is 547

also s ubject to a test rule under TSCA section 4 (see TSCA section 5(b )(1)); and 2) 548
development of test data may be necessary where the chemical substance has been listed 549

under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence of a section 4 550

test rule or a section 5(b)(4) listing covering the chemical substance, p ersons are required 551
only to submit test data in their possession or control and to describe any other data 552
known to or reasonably ascertainable by them (TSCA section 5(d); 40 CFR 721.25 an d 553

40 CFR 720.50). However, as a general matter, EPA recommends that SNUN submitters 554*** EO 12866 Review Dra ft

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Page 24 of 31 include data that would permit a reasoned evaluation of risks posed by the chemical 555
substance during its manufacture
, processing, use, distribution in commerce, or disposa l. 556
EPA encourages persons to consult with the Agency before submitting a SNUN. As part 557
of this optional pre

- notice consultation, EPA would discuss specific data it believes may 558
be useful in evaluating a significant new use. SNUNs submitted for significa nt new uses 559
without any test data may increase the likelihood that EPA will take action under TSCA 560
section 5(e) to prohibit or limit activities associated with this chemical. 561

SNUN submitters should be aware that EPA will be better able to evaluate 562

SNUNs that provide detailed information on: 563
1. Human exposure and environmental releases that may result from the 564
significant new uses of the chemical substance. 565

2. Potential benefits of the chemical substance. 566

3. Information on risks posed by the chemi cal substances compared to risks 567
posed by potential substitutes. 568

IX VII I . SNUN Submission s 569

SNUNs must be submitted to EPA on EPA Form No. 7710

- 25 in accordance with 570
the procedures set forth in §§ 721.25 and 720.40

. This form is available from the 571
Environmental Assistance Division, (7408M), 1200 Pennsylvania Ave., NW., 572
Washington, DC 20460

- 0001. Forms and information are also available electronically at 573
http://www.epa.gov/opptintr/newchems. 574

X I X . Economic Analysis 575

EP A has evaluated the potential costs of establishing SNUR reporting 576
requirements for potential manufacturers and processors of the chemical substance 577
included in this proposed rule (Ref. 1).

. EPA’s economic analysis (Ref. 1), which is 578*** EO 12866 Review Dra ft

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Page 25 of 31 briefly summarized here, is ava ilable in the docket for this proposed rule. 579

Because t he use of elemental mercury for manufacturing the specified mercury

580
containing products in the United States appears to have ceased
, EPA expects very few, if 581
any, entities will submit a SNUN. As a result
, the economic impact of this rule is 582
anticipated to be either zero or very low. 583
The costs of submission of a SNUN would not be incurred by any company until 584
a company decides to pursue a significant new use as defined in this proposed SNUR. In 585

the event that a SNUN is submitted, costs are estimated at approximately $8,100 per 586
SNUN submission, and include the cost to prepare and submit the SNUN, and the 587
payment of a user fee. Businesses that submit a SNUN would be subject to either a 588
$2,500 user fee required by 40 CFR 700.45(b)(2)(iii), or, if they are a small business with 589
annual sales of less than $40 million when combined with those of the parent company (if 590
any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). In its evaluation of this rule, 591

E PA also considered the potential costs a company might incur by avoiding or delaying 592
the significant new use in the future, but these costs have not been quantified. 593

XI X . References 594
The following document is specifically referenced in the preamble for th is 595
rulemaking. In addition to this document, other materials may be available in the docket 596
established for this rulemaking under Docket ID No. EPA

- HQ

- OPPT

- 2008

- 0483, which 597
you can access through www.regulations.go v . Those interested in the information 598
considered by EPA in developing this proposed rule, should also consult documents that 599
are referenced in the documents that EPA has placed in the docket, regardless of whether 600
the other documents are physically locat ed in the docket. 601

1. EPA, 2010. Economic Analysis of the Proposed Significant New Use Rule for 602*** EO 12866 Review Dra ft

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Page 26 of 31 Mercury

- Containing Barometers, Manometers, Hygrometers, and Psychrometers, 603
Washington, D.C. OPPT/EETD/EPAB, July 16, 2010. 604

605

606

III X I . Statutory and Executive Order Reviews 607

A. Regulatory Planning and Review 608 609 Under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 610
51735, October 4, 1993), the Office of Management and Budget (OMB) has determined 611
that this action is a "significant regulatory action

. " Accordingly, EPA submitted this 612

action to OMB for review under Executive Order 12866 and any changes made in 613
response to OMB recommendations have been documented in the docket for this action 614
as required by section 6(a)(3)(E) of the Executive Order. 615

B. Paperwork Reduction Act 616
According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq ., an 617
Agency may not conduct or sponsor, and a person is not required to respond to a 618
collection of information that requires OMB approval under the PRA, unl ess it has been 619
approved by OMB and displays a currently valid OMB control number. The OMB 620
control numbers for certain EPA regulations in title 40 of the CFR, after appearing in the 621
Federal Register , are listed in 40 CFR part 9, and included on the relate d collection 622
instrument, or form, if applicable. 623
The information collection requirements related to this action have already been 624
approved by OMB pursuant to the PRA under OMB control number 2070

- 0038 (EPA 625
ICR No. 1188). This action does not impose any burden requiring additional OMB 626
approval. If an entity were to submit a SNUN to the Agency, the annual burden is 627*** EO 12866 Review Dra ft

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Page 27 of 31 estimated to average 97 hours per response. This burden estimate includes the time 628
needed to review instructions, search existing data sourc es, gather and maintain the data 629
needed, and complete, review, and submit the required SNUN. 630
Send any comments about the accuracy of the burden estimate, and any suggested 631
methods for minimizing respondent burden to the Director, Collection Strategies 632

D ivision, Office of Environmental Information (2822T), Environmental Protection 633
Agency, 1200 Pennsylvania Ave., NW., Washington, D.C. 20460

- 0001. Please 634
remember to include the OMB control number in any correspondence, but do not submit 635
any completed forms to this address. 636

C. Small Entity Impacts 637
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 638

et seq .), the Agency hereby certifies that promulgation of this SNUR would not have a 639
significant adverse economic impact on a sub stantial number of small entities. The 640
rationale supporting this conclusion is as follows. 641
Under the RFA, small entities include small businesses, small organizations, and 642
small governmental jurisdictions. Small entity is defined in accordance with section 601 643

of the RFA as: A small business as defined by the Small Business Administration’s 644
(SBA) regulations at 13 CFR 121.201; A small governmental jurisdiction that is a 645
government of a city, county, town, school district or special district with a p opulation of 646
less than 50,000; and A small organization that is any not

- for

- profit enterprise which is 647
independently owned and operated and is not dominant in its field. For purposes of 648
assessing the impacts of this proposed rule on small entities, EPA ha s determined that 649
this proposed rule is not expected to impact any small not

- for

- profit organizations or 650
small governmental jurisdictions. As such, the Agency estimated potential impacts on 651*** EO 12866 Review Dra ft

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Page 28 of 31 small business. 652
A SNUR applies to any person (including small or large entities) who intends to 653
engage in any activity described in the rule as a "significant new use." By definition of 654
the word "new," and based on all information currently available to EPA, it appears that 655
no small or large entities presently engage in such activity. Since this proposed SNUR 656
would require a person who intends to engage in such activity in the future to first notify 657
EPA by submitting a SNUN, no economic impact will occur unless someone files a 658
SNUN to pursue a significant new use in t he future or forgoes profits by avoiding or 659
delaying the significant new use. Although some small entities may decide to conduct 660
such activities in the future, EPA cannot presently determine how many, if any, there 661
may be. However, EPA's experience to da te is that, in response to the promulgation of 662
over 1,000 SNURs, the Agency receives on average only 5 five notices per year. Of those 663
SNUNs submitted, only one appears to be from a small entity in response to any SNUR. 664
Therefore, EPA believes that the pot ential economic impact of complying with a SNUR 665
is not expected to be significant or adversely impact a substantial number of small 666
entities. In a SNUR that published as a final rule on August 8, 1997 (62 FR 42690)(FRL

667

5735

- 4), the Agency presented its ge neral determination that proposed and final SNURs 668
are not expected to have a significant economic impact on a substantial number of small 669
entities, which was provided to the Chief Counsel for Advocacy of the Small Business 670

Administration. 671

D. Unfunded Mand ates 672
Based on EPA's experience with proposing and finalizing SNURs, State, local, 673
and Tribal governments have not been impacted by these rulemakings, and EPA does not 674
have any reason to believe that any State, local, or Tribal government would be impacte d 675*** EO 12866 Review Dra ft

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Page 29 of 31 by this rulemaking. As such, EPA has determined that this regulatory action would not 676
impose any enforceable duty, contain any unfunded mandate, or otherwise have any 677
effect on small governments subject to the requirements of sections 202, 203, 204, or 2 05 678

of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531

- 1538). 679

E. Federalism 680
This action would not have federalism implications because it is not expected to 681
have a substantial direct effect on States, on the relationship between the nationa l 682
government and the States, or on the distribution of power and responsibilities among the 683
various levels of government, as specified in Executive Order 13132, entitled Federalism 684
(64 FR 43255, August 10, 1999). 685

F. Indian Tribal Governments 686

This action would not have tribal implications as specified in Executive Order 687

13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 688
67249, November 9, 2000). This action is not expected to have substantial direct effects 689

on Indian Tribe s, would not significantly or uniquely affect the communities of Indian 690
Tribal governments, and would not involve or impose any requirements that affect Indian 691
Tribes. Thus, Executive Order 13175 does not apply to this action. 692

G. Protection of Children 693
EPA interprets Executive Order 13045, entitled Protection of Children from 694
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), as applying 695
only to those regulatory actions that concern health or safety risks, such that the analysi s 696
required under section 5

- 501 of the Executive Order has the potential to influence the 697
regulation. This action is not subject to Executive Order 13045 because it would not 698
establish an environmental standard intended to mitigate health or safety risks. 699*** EO 12866 Review Dra ft

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Page 30 of 31 H. Effect on Energy Supply, Distribution, or Use 700
This action is not a “significant energy action” as defined in Executive Order 701

13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, 702

Distribution, or Use (66 FR 28355, May 22, 2001), because this action is not likely to 703
have a significant adverse effect on the supply, distribution, or use of energy. 704

I. Technical Standards 705
Because this action would not involve any technical standards, section 12(d) of 706

the National Technolo gy Transfer and Advancement Act of 1995 (NTTAA), Public Law 707

104

- 113, Section 12(d) (15 U.S.C. 272 note), does not apply to this action. 708

J. Environmental Justice 709
This action would not entail special considerations of environmental justice 710

related issues as delineated by Executive Order 12898, entitled Federal Actions to 711
Address Environmental Justice in Minority Populations and Low

- Income Populations (59 712
FR 7629, February 16, 1994). 713
List of Subjects in 40 CFR Part 721 714
Environmental protection, Chemicals, Hazardous substances, Reporting and 715
recordkeeping requirements. 716

717

Dated: ________

____________ 718

_______________ ___________________________ 719

Director, Office of Pollution Prevention and Toxics 720 721 722

723*** EO 12866 Review Dra ft

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Page 31 of 31 Therefore, it is proposed that 40 CFR chapter I be amended as fol lows: 724
1. The authority citation for part 721 continue s to read as follows: 725
Authority: 15 U.S.C. 2604, 2607, and 2625(c)

. 726

2. By amending § 721.10068 by adding additional definitions to paragraph (a) and 727
adding a new paragraph (b)(2)(viii) to read as follows : 728
§ 721.10068 Elemental mercury. 729

( a) * * * 730

Barometer means an instrument used in various applications to measure 731
atmospheric pressure. 732

Manometer means an instrument used in various applications to measure pressure 733
of gases or liquids. 734

Hy grometer or psychrometer means an instrument used in various applications to 735
measure humidity of gases. 736

(b) * * * 737

(2 ) * * * 738

(viii) Manufacturing or processing of elemental mercury for use in barometers, 739
manometers, hygrometers, and psychrometers except for: natural gas manometers 740
covered by paragraph (b)(2)(vii) of this section; barometers, manometers, hygrometers, 741
and psychrometers when these articles are in service as of [ insert date of publication of 742
the proposed rule ]; and portab le battery powered and motor

- aspirated psychrometers that 743

contain fewer than 7 seven grams of elemental mercury. 744

[FR Doc. ??

– ????? Filed ??

– ??

– ??; ?:?? a.m.] 745