The State of New Hamps

n^l1'Y READING ^°ILE 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner 

MNHIDES

August 21, 2015 rGina McCarthy, Administrator (Mail Code 11O1A)

Environmental Protection A enc g Y	

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1200 Pennsylvania Avenue, N.W. -` 

Washington, DC 20460

Re: NRDC/NEWMOA TSCA Petition for Rulemaking

Dear Administrator McCarthy: 

On behalf of the New Hampshire Department of Environmental Services, I write in support of 

the June 24, 2015 petition of the Natural Resources Defense Council (NRDC) and the Northeast 

Waste Management Officials' Association (NEWMOA) asking that the U.S. Environmental 

Protection Agency (USEPA) issue a rule requiring companies that import, produce, or use 

mercury (or mercury compounds) in manufacturing processes to provide data regarding these 

activities. These data would provide the basis for the national mercury inventory that EPA 

pledged to develop in its 2006 "Roadmap for Mercury". 

Mercury is a powerful neurotoxin, and its presence in the environment has led to fish 

consumption advisories which still persist throughout the country. Currently, there are only 

limited data collected annually on how much mercury is used and for what purposes; no data are 

collected on how much mercury is produced in or imported into the United States. In fact, the 

only significant data on mercury use is compiled by NEWMOA, which manages the Interstate 

Mercury Education and Reduction Clearinghouse (IMERC). State laws implemented by IMERC 

target only mercury use in products, and do not apply to collection of data on mercury 

production or imports, or mercury compounds manufactured or imported for use in industrial 

processes. Moreover, IMERC is no longer receiving data on most switches and relays, as these 

products are currently banned in all of the IMERC-member states that require reporting on 

mercury products. States are unable to compel manufacturers to report on products that may not 

be legally sold within their borders. Switches and relays likely constitute the largest use of 

mercury in products, but there are significant data gaps due to under-reporting and non-reporting 

to IMERC. 

The TSCA rule sought by the petition would fill these gaps and produce much needed 

information on mercury uses, including mercury used in children's products, which is of 

particular concern. Such information would build upon the data now collected by the State of 

Washington under its "Children's Safe Products Reporting Rule". The requested TSCA rule 

would also enable the collection of data needed for a multitude of important purposes, including 

but not limited to informing US Government actions under the Minamata Convention, phasing 

down mercury use in polyurethane manufacturing, identifying large mercury stocks in storage or 

annually produced, and discouraging new mercury uses in products or industrial processes. 

DES Web site: www.des.nh.gov

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095

Telephone: (603) 271-3503 • Fax: (603) 271-2867 • TDD Access: Relay NH 1-800-735-2964
Administrator Gina McCarthy re: NRDC/NEWMOA TSCA Petition for Rulemaking 

August 21, 2015 

Page 2 

Until now, most data collection on mercury use and regulation of inercury-containing products 

has been undertaken by the state members of IMERC. The reporting rule requested by NRDC 

and NEWMOA would give a much more comprehensive picture of inercury activity nationwide 

and of trends in mercury use over time, and enable states and the federal government to take 

appropriate mercury reduction actions based on the best available data. In addition, the rule is 

designed to coordinate with and complement the IMERC activities, thereby increasing the 

overall efficiency and effectiveness of the states' efforts, which represent a significant 

investment of resources to date. 

New Hampshire has been a member of IMERC since its inception, is an active participant in the 

ECOS Quicksilver Caucus, and is committed to continuing to address the problem of inercury 

contamination. We strongly urge EPA to grant the petition. 

Sincerely, 

Thomas S. Burack 

Commissioner 

CC: Jim Jones, Assistant Administrator, OCSPP USEPA 

Michael Wimsatt, Director, NHDES Waste Management Division 

Stephanie D'Agostino, Supervisor, NHDES Pollution Prevention Section

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