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Instructions for Filing Exemption Petitions under the Mercury Export Ban Act of 2008

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Any person residing in the U.S. may petition EPA for an exemption from the ban on export of elemental mercury imposed by section 12(c)(1) of the Toxic Substances Control Act (TSCA) by filing a petition for exemption. Petitions must be submitted on an individual basis for each person affected by the export ban.

What should I include in my petition?

Each petition should:

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Where should I send my petition?

Submit your petition by one of the following methods:

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What about Confidential Business Information?

EPA encourages the submission of non-confidential information by petitioners and petitioners. However, a petitioner may submit information claimed to be confidential necessary to state his or her position.

Clearly mark the part or all of the information that you claim to be confidential. For confidential information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as confidential and then identify electronically within the disk or CD-ROM the specific information that is claimed as confidential.

If EPA determines the exemption petition meets the criteria, a public docket will be established for the exemption petition. Confidential information if submitted with the exemption petition will be placed in a confidential file, not available to the public. EPA will then state in the public docket that the petitioner requested confidentiality for certain information submitted with the exemption petition in accordance with the procedures in 40 CFR part 2, subpart B.

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How will EPA decide whether to grant my petition?

EPA will initiate rulemaking to grant an exemption if it finds that the criteria of section 12(c)(4)(A)(i) – (vii) of TSCA are met. After notice and an opportunity for comment, EPA will determine whether to grant the exemption. EPA reserves the right to request information additional to what is included in a petition.

Each exemption issued by the Administrator will contain such terms and conditions as are necessary to minimize the export of elemental mercury and ensure that the conditions for granting the exemption will be fully met, and shall contain such other terms and conditions as EPA may prescribe. No exemption granted pursuant to this paragraph may exceed three years in duration and no such exemption may exceed ten metric tons of elemental mercury.

For questions about exemptions from the Mercury Export Ban Act of 2008, contact Sue Slotnick of the National Program Chemicals Division at (202) 566-1973 or slotnick.sue@epa.gov.

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