EPA Sets New SNUR Regarding Use of Mercury in Barometers, Other Instruments
The Environmental Protection Agency is promulgating a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for elemental mercury use in barometers, manometers, hygrometers, and psychrometers. This action will require persons who intend to import, manufacture or process elemental mercury for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before beginning that activity. The notification will give EPA the opportunity to evaluate the intended use and, if necessary, to prohibit or limit it.
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While overall use of mercury is declining, EPA said, in the past, elemental mercury was used in the manufacture of barometers, manometers, hygrometers, and psychrometers. It said the latest information indicates that the manufacture (including import) of these mercury-containing articles has ceased (with the exception of one psychrometer). EPA also said all four products subject to this SNUR currently have effective and economically feasible substitutes.
In the Federal Register notice scheduled for publication May 30, the EPA said it has concerns regarding the environmental fate and the exposure pathways of elemental mercury that lead to the presence of methylmercury in fish and the consumption of mercury-contaminated fish by humans and wildlife. The EPA said it's encouraged by the general discontinuation of the use of elemental mercury in the manufacturing of barometers, manometers, hygrometers, and psychrometers. But it's concerned that the manufacturing or processing of elemental mercury for these significant new uses could be reinitiated in the future, it said.
The rule is effective June 29. Further information: Sue Slotnick, 202-566-1973 or slotnick.sue@epa.gov. The docket identification number is EPA-HQ-OPPT-2010-0630, at http://www.regulations.gov.
Note that as of Jan. 1, 2013, the Mercury Export Ban Act of 2008 prohibits the export of elemental mercury from the U.S. (see TSCA section 12(c) (15 U.S.C. 2611(c)).