The State of New Hamps 

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DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner 

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August 21, 2015 rGina McCarthy, Administrator (Mail Code 11O1A) Environmental Protection A enc ^ g Y

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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 1-800-735-2964Administrator 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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