15 U.S.C. § 2611
Effective January 1, 2013, the export of elemental mercury from the United States is prohibited.
Subsection (a) shall not apply to this subsection.
Not later than one year after October 14, 2008, the Administrator shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury compounds, if any, that may currently be used in significant quantities in products or processes. Such report shall include an analysis of-
For the purpose of preparing the report under this paragraph, the Administrator may utilize the information gathering authorities of this subchapter, including sections 2609 and 2610 of this title.
Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obligations.
Nothing in this subsection shall be construed to prohibit the export of coal.
Effective January 1, 2020, the export of the following mercury compounds is prohibited:
Not later than 90 days after June 22, 2016, and as appropriate thereafter, the Administrator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph.
Any person may petition the Administrator to add a mercury compound to the list published under subparagraph (B).
This paragraph does not prohibit the export of mercury compounds on the list published under subparagraph (B) to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export.
Not later than 5 years after June 22, 2016, the Administrator shall evaluate any exports of mercury compounds on the list published under subparagraph (B) for disposal that occurred after June 22, 2016, and shall submit to Congress a report that-
Nothing in this paragraph shall be construed to affect the authority of the Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
15 U.S.C. § 2611
EDITORIAL NOTES
REFERENCES IN TEXTThe Solid Waste Disposal Act, referred to in subsec. (c)(7)(F), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
AMENDMENTS2016-Subsec. (a)(2). Pub. L. 114-182, §10(a), substituted "presents" for "will present".Subsec. (b)(1). Pub. L. 114-182, §19(k), substituted "information" for "data" in two places. Subsec. (c). Pub. L. 114-182, §10(b)(1), inserted "and mercury compounds" after "mercury" in heading.Subsec. (c)(7). Pub. L. 114-182, §10(b)(2), added par. (7). 2008-Subsec. (a)(1). Pub. L. 110-414, §4(1), substituted "subsections (b) and (c)" for "subsection (b)" in introductory provisions.Subsec. (c). Pub. L. 110-414, §4(2), added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Jan. 1, 1977, see section 31 of Pub. L. 94-469 set out as a note under section 2601 of this title.
FINDINGS Pub. L. 110-414, §2, Oct. 14, 2008, 122 Stat. 4341, provided that: "Congress finds that- "(1) mercury is highly toxic to humans, ecosystems, and wildlife;"(2) as many as 10 percent of women in the United States of childbearing age have mercury in the blood at a level that could put a baby at risk;"(3) as many as 630,000 children born annually in the United States are at risk of neurological problems related to mercury;"(4) the most significant source of mercury exposure to people in the United States is ingestion of mercury-contaminated fish;"(5) the Environmental Protection Agency reports that, as of 2004-"(A) 44 States have fish advisories covering over 13,000,000 lake acres and over 750,000 river miles;"(B) in 21 States the freshwater advisories are statewide; and"(C) in 12 States the coastal advisories are statewide;"(6) the long-term solution to mercury pollution is to minimize global mercury use and releases to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption since uncontaminated fish represents a critical and healthy source of nutrition worldwide;"(7) mercury pollution is a transboundary pollutant, depositing locally, regionally, and globally, and affecting water bodies near industrial sources (including the Great Lakes) and remote areas (including the Arctic Circle); "(8) the free trade of elemental mercury on the world market, at relatively low prices and in ready supply, encourages the continued use of elemental mercury outside of the United States, often involving highly dispersive activities such as artisinal [probably should be "artisanal"] gold mining;"(9) the intentional use of mercury is declining in the United States as a consequence of process changes to manufactured products (including batteries, paints, switches, and measuring devices), but those uses remain substantial in the developing world where releases from the products are extremely likely due to the limited pollution control and waste management infrastructures in those countries;"(10) the member countries of the European Union collectively are the largest source of elemental mercury exports globally;"(11) the European Commission has proposed to the European Parliament and to the Council of the European Union a regulation to ban exports of elemental mercury from the European Union by 2011; "(12) the United States is a net exporter of elemental mercury and, according to the United States Geological Survey, exported 506 metric tons of elemental mercury more than the United States imported during the period of 2000 through 2004; and "(13) banning exports of elemental mercury from the United States will have a notable effect on the market availability of elemental mercury and switching to affordable mercury alternatives in the developing world."
- commerce
- The term "commerce" means trade, traffic, transportation, or other commerce (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, transportation, or commerce described in clause (A).
- environment
- The term "environment" includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.
- process
- The term "process" means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce-(A) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or(B) as part of an article containing the chemical substance or mixture.
- Administrator
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and