Mercury Switches in Motor Vehicles; Significant New Use Rule, 56903-56911 [E7-19705]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56903-56911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19705]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2005-0036; FRL-8110-5]
RIN 2070-AJ19


Mercury Switches in Motor Vehicles; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is promulgating this significant new use rule (SNUR) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 
elemental mercury (CAS No. 7439-97-6) used in certain convenience light 
switches, anti-lock braking system (ABS) switches, and active ride 
control system switches. This action will amend 40 CFR part 721 and 
require persons who intend to manufacture (defined by statute to 
include import) or process elemental mercury for a use designated by 
this rule as a significant new use to notify EPA at least 90 days 
before commencing the manufacturing or processing of the chemical 
substance for such significant new use. The required notification will 
provide EPA with the opportunity to evaluate the intended use and, if 
necessary, to prohibit or limit that activity before it occurs. In 
addition, in order to display the OMB control number for the 
information collection requirements contained in this final rule, EPA 
is amending the table of Office of Management and Budget (OMB) approval 
numbers for EPA regulations that appears in 40 CFR part 9.

DATES: This final rule is effective November 5, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2005-0036. All documents in the 
docket are listed in the docket index available in regulations.gov. To 
access the electronic docket, go to https://www.regulations.gov, select 
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID 
number where indicated and select the ``Submit'' button. Follow the 
instructions on the regulations.gov website to view the docket index or 
access available documents. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available electronically at https://www.regulations.gov, 
or, if only available in hard copy, at the OPPT Docket. The OPPT Docket 
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West 
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays. The telephone number of the 
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number 
for the OPPT Docket is (202) 566-0280. Docket visitors are required to 
show photographic identification, pass through a metal detector, and 
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC 
badge that must be visible at all times in the building and returned 
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
    For technical information contact: Thomas Groeneveld, National 
Program Chemicals Division (7404T), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1188; e-mail 
address: groeneveld.thomas@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
or process elemental mercury for use in certain motor vehicle 
convenience light switches, ABS switches, and active ride control 
system switches. This action may also affect certain entities through 
pre-existing import certification and export notification rules under 
TSCA. Persons who import any chemical substance subject to TSCA must 
comply with the TSCA section 13 (15 U.S.C. 2612) import certification 
requirements and corresponding regulations codified at 19 CFR 12.118 to 
12.127 and 127.28. Such persons must certify that each shipment of the 
chemical substance complies with applicable rules and orders under 
TSCA, including any SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. In 
addition, TSCA section 12(b) (15 U.S.C. 2611(b)) export notification 
requirements are triggered by publication of a proposed SNUR. 
Therefore, any persons who export, intend to export, or have exported 
elemental mercury on or after August 10, 2006, are subject to the 
export notification provisions of TSCA section 12(b) (see 40 CFR 
721.20). Such persons must comply with the export notification 
requirements in 40 CFR part 707, subpart D. Potentially affected

[[Page 56904]]

entities may include, but are not limited to:
     Manufacturers and processors of motor vehicle electrical 
switches (NAICS code 335931), e.g., manufacturers and processors of 
mercury switches in convenience lights, ABS acceleration sensors, and 
active ride control sensors.
     Manufacturers and processors of transportation equipment 
(NAICS code 336), e.g., manufacturers of motor vehicles and motor 
vehicle parts containing mercury switches.
     Motor vehicle repair and maintenance facilities (NAICS 
code 8111), e.g., motor vehicle mechanics who replace or install new 
elemental mercury switches as part of vehicle repair and maintenance.
     Motor vehicle part (used) wholesalers (NAICS code 4211), 
e.g., motor vehicle dismantlers who dismantle motor vehicles and sell 
used parts.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 721.5 for 
SNUR-related obligations. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    EPA proposed this SNUR for elemental mercury used in certain 
convenience light switches, ABS switches, and active ride control 
system switches on July 11, 2006 (71 FR 39035) (FRL-7733-9). EPA's 
responses to public comments received on the proposed rule are in Unit 
III.D. Please consult the July 11, 2006 Federal Register document for 
further background information for this final rule.
    This SNUR will require persons to notify EPA at least 90 days 
before commencing the manufacture, import, or processing of elemental 
mercury for the uses described in Unit III.B. and 40 CFR 
721.10068(b)(2) of the regulatory text for this final rule (including 
use in certain convenience light switches, ABS switches, and active 
ride control switches in motor vehicles, including when elemental 
mercury is imported or processed as part of an article). EPA defines 
``motor vehicle'' for this SNUR by referencing the definition used in 
the emissions control regulations developed under the Clean Air Act 
(see 40 CFR 85.1703). As described in Unit III.A., EPA believes this 
action is necessary because manufacturing, processing, use, or disposal 
of elemental mercury in these switches may produce significant changes 
in human and environmental exposures to elemental mercury and 
methylmercury.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2). Once 
EPA determines that a use of a chemical substance is a significant new 
use, TSCA section 5(a)(1)(B) (15 U.S.C. 2604(a)(1)(B)), requires 
persons to submit a significant new use notification (SNUN) to EPA at 
least 90 days before they manufacture, import, or process the chemical 
substance for that use. The mechanism for reporting under this 
requirement is established under 40 CFR 721.25.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to the rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the final 
rule. However, 40 CFR 721.45(f) does not apply to this SNUR. As a 
result, persons subject to the provisions of this rule are not exempt 
from significant new use reporting if they import or process elemental 
mercury as part of an article (see 40 CFR 721.5). Conversely, the 
exemption from notification requirements for exported articles (see 40 
CFR 707.60(b)), remains in force. Thus, persons who export elemental 
mercury as part of an article are not required to provide export 
notice.
    Provisions relating to user fees appear at 40 CFR part 700. Persons 
subject to this SNUR must comply with the same notice requirements and 
EPA regulatory procedures as submitters of Premanufacture Notices 
(PMNs) under TSCA section 5(a)(1)(A). In particular, these requirements 
include the information submission requirements of TSCA sections 5(b) 
and 5(d)(1), the exemptions authorized by TSCA sections 5(h)(1), 
(h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. 
Once EPA receives a SNUN, EPA may take regulatory action under TSCA 
sections 5(e), 5(f), 6, or 7 to control the activities for which the 
SNUN was submitted. If EPA does not take action, EPA is required under 
TSCA section 5(g) to explain in the Federal Register its reasons for 
not taking action.
    Persons who export or intend to export a chemical substance 
identified in a proposed or final SNUR are subject to the export 
notification provisions of TSCA section 12(b). The regulations under 
TSCA section 12(b) appear at 40 CFR part 707, subpart D. The EPA policy 
in support of import certification appears at 40 CFR part 707, subpart 
B. Persons who import a chemical substance identified in a final SNUR 
are subject to the import certification requirements under TSCA section 
13, which appear at 19 CFR 12.118 to 12.127 and 127.28. Such persons 
must certify that the shipment of the chemical substance complies with 
all applicable rules and orders under TSCA, including any SNUR 
requirements.

III. Objectives and Rationale of the Final Rule

A. Overview

    This rule applies to elemental mercury (CAS No. 7439-97-6), which 
is a naturally occurring element. Because of its unique properties 
(e.g., exists as a liquid at room temperature and forms amalgams with 
many metals), elemental mercury has been used in many industrial 
processes and consumer products. Mercury switches exploit the ability 
of small quantities of elemental mercury to conduct electricity and 
remain one of the largest categories of elemental mercury product uses. 
In addition to its useful characteristics, mercury also may cause 
adverse health effects in humans and wildlife. These effects can vary 
depending on the form of mercury to which a person is exposed, as well 
as the magnitude, length, and frequency of exposure.
    The most prevalent human and wildlife exposure to mercury results 
from ingesting fish contaminated with methylmercury. Methylmercury is 
an organic compound that is formed via the conversion of elemental or 
inorganic mercury by certain microorganisms and other natural 
processes. For example, elemental mercury may evaporate and be emitted 
into the atmosphere. Atmospheric mercury can be deposited directly into 
water bodies or watersheds, where it can be washed into

[[Page 56905]]

surface waters via overland run-off. Once deposited in sediments, 
certain microorganisms and other natural processes can convert 
elemental mercury into methylmercury. Methylmercury bioaccumulates, 
which means that it is taken up and concentrated in the tissues of 
aquatic, mammalian, avian, and other wildlife. Methylmercury is a 
highly toxic substance; a number of adverse health effects associated 
with exposure to it have been identified in humans and in animal 
studies. Most extensive are the data on neurotoxicity, particularly in 
developing organisms. Fetuses, infants, and young children generally 
are more sensitive to methylmercury's neurological effects than adults.
    By 2005, all fifty states had created fish-advisory programs. 
Through the end of 2004, forty-eight states, one territory, and two 
Indian tribes issued fish consumption advisories recommending that some 
people limit their consumption of fish from certain water bodies known 
to be contaminated by methylmercury. Also in 2004, EPA and the Food and 
Drug Administration (FDA) jointly issued a national advisory providing 
advice to women of childbearing age and young children on mercury in 
fish and shellfish. The advisory stated that some fish and shellfish 
contain higher levels of mercury that may harm a fetus or the 
developing nervous system of a young child. As of today, the 
information in the 2004 EPA/FDA advisory remains current.
    Mercury switches were used for many years in motor vehicles in hood 
and trunk convenience lights, ABS, and active ride control systems. 
More than 200 million mercury switches were installed in motor vehicles 
from 1974 to 2000. In the United States, motor vehicles that reach the 
end of their useful life are often dismantled so that the useful parts 
can be reused and steel and other materials can be recycled. The steel 
industry recycles approximately 12 to 14 million end-of-life vehicles 
each year. During the recycling process, vehicles are dismantled, 
crushed, and shredded. Vehicle scrap is then separated into the 
ferrous, nonferrous, and motor vehicle shredder residue fractions. All 
of these fractions can be contaminated with elemental mercury, which 
can be released when switches are ruptured during processing. Steel 
fractions are sent to electric arc furnaces (EAFs) and other scrap 
consumers to be melted and refined for use in other steel products. The 
EAF process uses intense heat, which can vaporize and emit elemental 
mercury into the atmosphere. Motor vehicles are believed to be the 
largest single source of elemental mercury in EAF emissions. The EPA 
air toxics program has identified EAFs as a priority sector.
    In response to increased concerns about exposure to anthropogenic 
sources of elemental mercury and the availability of suitable mercury-
free products, Federal and State governments have made efforts to limit 
the use of elemental mercury in certain products. American automakers 
voluntarily eliminated the use of mercury switches in motor vehicles as 
of January 1, 2003. Foreign motor vehicle manufacturers eliminated the 
use of mercury switches in the 1990s. Over the next 20 years, it is 
anticipated that most of the motor vehicles containing mercury switches 
will reach the end of their useful lives, will be recycled, and 
ultimately will pass through EAFs and other scrap consumer facilities. 
Many States and non-governmental organizations have taken actions to 
remove or to encourage the removal of mercury switches from motor 
vehicles before they are recycled. For these reasons, the potential for 
elemental mercury emissions to be released during scrap consumption is 
expected to decrease as fewer motor vehicles containing mercury 
switches remain to be dismantled or recycled.
    While newly manufactured motor vehicles no longer contain mercury 
switches, certain switches are still available as aftermarket 
replacement parts. Mercury switches generally last the lifetime of the 
motor vehicle; however, switch replacement is required if a collision 
or another action damages the component containing the switch or the 
switch itself. Mercury switches are no longer used for replacement in 
hood and trunk convenience lights because mercury-free substitutes are 
readily available. However, no mercury-free alternative exists for mid-
life replacement of ABS and active ride control system switches and a 
limited number of such switches remain available as replacement parts 
for pre-2003 motor vehicles. EPA believes that the demand for mercury 
switches as aftermarket replacement parts is currently low and likely 
will become negligible when most pre-2003 motor vehicles containing 
mercury switches in ABS and active ride control systems reach the end 
of their useful lives. EPA is excluding from this final SNUR mercury 
switches manufactured as aftermarket replacement parts for ABS and 
active ride control systems in vehicles manufactured before January 1, 
2003.
    For a more detailed summary of background information (e.g., 
chemistry, environmental fate, exposure pathways, health and 
environmental effects, and use information), as well as references 
pertaining to elemental mercury that EPA considered before promulgating 
this final rule, please refer to the proposed rule as issued in Federal 
Register of July 11, 2006 (71 FR 39035) or the docket for this action 
under docket ID number EPA-HQ-OPPT-2005-0036. All documents in the 
docket are listed in the docket's index available at https://
www.regulations.gov.

B. EPA Findings and Rationale

    EPA is encouraged by the voluntary discontinuation of mercury-
switch technologies in new vehicles as of January 1, 2003, and the 
anticipated reductions in mercury-switch production for mid-life 
replacement parts as pre-2003 vehicles containing mercury switches are 
no longer available and reach the end of their utility. However, EPA is 
concerned that the manufacturing or processing of elemental mercury for 
use in switches in new motor vehicles could be reinitiated in the 
future. Accordingly, EPA wants the opportunity to evaluate and control, 
where appropriate, activities associated with those uses, which 
contribute to atmospheric and environmental releases of elemental 
mercury. The required notification provided by a SNUN will provide EPA 
with the opportunity to evaluate activities associated with a 
significant new use and an opportunity to protect against unreasonable 
risks, if any, from exposure to mercury.
    In determining what constituted significant new uses for elemental 
mercury motor vehicle switches, EPA considered relevant information on 
the toxicity of mercury and likely exposures associated with the uses, 
as discussed in Unit III.A., and the four factors listed in TSCA 
section 5(a)(2), as discussed in Unit IV.
    After considering all relevant factors, EPA is designating as 
significant new uses the manufacture or processing of elemental mercury 
for:
     Use in convenience light switches in new motor vehicles.
     Use in convenience light switches as new aftermarket 
replacement parts for motor vehicles.
     Use in switches in ABS in new motor vehicles.
     Use in switches in ABS as new aftermarket replacement 
parts for motor vehicles that were manufactured after January 1, 2003.
     Use in switches in active ride control systems in new 
motor vehicles.
     Use in switches in active ride control systems as new 
aftermarket

[[Page 56906]]

replacement parts for motor vehicles that were manufactured after 
January 1, 2003.
    EPA believes it is unlikely that companies would resume the use of 
mercury switches because mercury switches are no longer being used in 
new motor vehicles; effective mercury-free alternatives are 
increasingly available; use of elemental mercury in products is 
declining; and a growing number of states have banned the use of 
mercury switches in motor vehicles. In the event that mercury switch 
use as replacement parts in ABS and active ride control systems of pre-
2003 motor vehicles does not decrease as described in this final rule, 
EPA may pursue additional regulatory action as appropriate under TSCA 
sections 4, 6, and 8. For a summary of alternative regulatory actions 
for elemental mercury that EPA considered before promulgating this 
final rule, please refer to the proposed rule as issued in Federal 
Register of July 11, 2006 (71 FR 39035).

C. Summary and Effects of the Final Rule

    This final rule requires persons who intend to manufacture, import, 
or process elemental mercury for the significant new uses identified in 
this action to submit a SNUN at least 90 days before commencing such 
activity. The required notice will provide EPA with the opportunity to 
evaluate the intended use and, if necessary, to prohibit or limit that 
use before it occurs. This final rule will ensure that:
     EPA will receive a SNUN indicating a person's intent to 
manufacture, import, or process elemental mercury for a designated 
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data 
and information submitted in a SNUN before the submitter begins 
manufacturing, importing, or processing elemental mercury for a 
designated significant new use.
     EPA will have an opportunity to regulate prospective 
manufacturers, importers, or processors of elemental mercury before the 
notified significant new use occurs, provided such regulation is 
warranted pursuant to TSCA sections 5(e) or 5(f).
    For this SNUR, EPA is not including the general ``article'' 
exemption at 40 CFR 721.45(f). Thus, persons importing or processing 
elemental mercury, including when part of an article, for a significant 
new use would be subject to the notification requirements of 40 CFR 
721.25. EPA is not including this exemption because mercury switches 
are articles, and a primary concern associated with this SNUR is 
potential exposures associated with the lifecycle of elemental mercury 
in certain motor vehicle switches. Further, it is possible to reclaim 
elemental mercury from certain articles, which could be used to produce 
motor vehicle switches. Conversely, the exemption from notification 
requirements for exported articles (see 40 CFR 707.60(b), remains in 
force. Thus, persons who export elemental mercury as part of an article 
are not required to provide export notice.

D. Response to Public Comments

    EPA received ten comments on the proposed rule that was issued in 
the Federal Register of July 11, 2006 (71 FR 39035). Copies of all 
comments received are available in the public docket for this action. 
Two comments that expressed general support for the proposed rule and 
another comment, which consisted of a static web-based image of an 
article about the health effects of elemental mercury and 
methylmercury, were not addressed. Comments that were similar in nature 
were consolidated into the following summaries. A discussion of the 
comments germane to the rulemaking and EPA responses follows:
    1. Comment--Proposed action insufficient. One commenter felt that 
the use of elemental mercury (and all other toxic substances) in motor 
vehicle manufacturing should be banned. In the alternative, the 
commenter suggested that automakers should be required to implement 
mercury recovery policies to recover all mercury used in the motor 
vehicle manufacturing process.
    Response. The actions requested by the commenter are outside the 
scope of this rulemaking. As mentioned in the proposed rule, EPA 
considered and rejected regulating elemental mercury under TSCA section 
6(a). EPA concluded risk management action under TSCA section 6 is not 
necessary at this time because mercury switches are no longer being 
used in convenience lights, ABS, and active ride control systems 
installed in new motor vehicles; are no longer used in convenience 
light replacement parts; and are of very limited availability in ABS 
and active ride control replacement parts for some pre-2003 motor 
vehicles. This rule will allow EPA to address the potential risks 
associated with the described significant new uses of elemental 
mercury. Further, if the elimination of the use of mercury switches in 
ABS and active ride control replacement parts does not occur as 
anticipated, EPA may reconsider this decision and pursue additional 
regulatory action.
    2. Comment--Applicability of action and reporting requirements for 
motor vehicles involved in collisions and junkyards. One commenter 
inquired as to the specific make and model of motor vehicles affected 
by the proposed rule, the amount of elemental mercury present in a 
typical convenience light switches, ABS switches, or active ride 
control system switches, and the reporting requirements for motor 
vehicles involved in a collision whereby a switch is ruptured and 
releases elemental mercury. Further, the commenter inquired as to the 
applicability of the proposed rule to junkyards.
    Response. EPA is not able to provide data on the specific make and 
model of motor vehicles that will be affected by this final rule. 
However, tables that describe ``Automobiles with ABS or Ride Control 
Systems that Contain Mercury Switches,'' ``Number of Mercury Capsules 
Installed between 1970 and 2003, by switch application,'' and 
``Vehicles with Mercury Switches Installed, 1985-2003 by switch 
application,'' can be accessed in the public docket for the final rule 
in the report titled, ``Market Study: Mercury Use in Auto Switches.''
    U.S. automakers phased-out the use of mercury switches in new 
vehicles on January 1, 2003. Each switch contains between 0.7 to 1.5 
grams of elemental mercury. This action does not require the reporting 
of elemental mercury spills from a vehicle collision. The rule requires 
persons to notify EPA at least 90 days before commencing the 
manufacturing or processing of elemental mercury for use in certain new 
motor vehicle switches, as described in Unit III.B. and 40 CFR 
721.10068(b)(2) of the regulatory text for this rule. A junkyard might 
be affected if it were manufacturing or processing elemental mercury 
for convenience light switches, ABS switches, or active ride control 
system switches, or manufacturing or processing elemental mercury and 
distributing it in commerce to persons who could use it in such 
switches.
    3. Comment--Clarification of export notification requirements and 
implementation of de minimis standard. Two commenters requested that 
the applicability of export requirements under TSCA section 12(b) be 
further clarified. The commenters voiced concerns that language in the 
preamble of the proposed rule requires export notification for 
elemental mercury exported in any form. The commenters were concerned 
that trace amounts of

[[Page 56907]]

elemental mercury (i.e., impurities), present in or on significant 
numbers of products in international commerce might trigger unduly 
burdensome export notification requirements. Instead, one of the 
commenters stated that export notification requirements should apply 
``only for elemental mercury when exported in the form subject to the 
SNUR, i.e., when used in convenience light switches, ABS switches, and 
active ride control switches in certain motor vehicles.'' The 
commenters cited as precedent an EPA amendment of a rule issued under 
TSCA section 6 (59 FR 42769; August 19, 1994) (FRL-4867-3) (codified at 
40 CFR 749.68), concerning hexavalent chromium used in comfort cooling 
towers. Both commenters also recommended that a de minimis standard 
should be adopted under TSCA section 12(b), whereby exports of chemical 
substances and mixtures in amounts less than the prescribed threshold 
would not be subject to notification requirements.
    Response. EPA will not, at this time, revisit its interpretation of 
TSCA section 12(b) and the implementing regulations at 40 CFR part 707, 
subpart D. Thus, one result of this SNUR is to trigger export 
notification requirements under TSCA section 12(b) for the export of 
elemental mercury regardless of its intended use. However, due to 
recent amendments to EPA's TSCA section 12(b) implementing regulations 
(see 71 FR 66234; November 14, 2006) (FRL-8101-3) (see 71 FR 68750; 
November 28, 2006) (FRL-8104-9), exporters will not be required to 
report exports with de minimis levels of elemental mercury and will 
only be required to provide TSCA section 12(b) notification once for 
export to any given country.
    The proposed rule indicated that the export notification 
requirements under TSCA section 12(b) would be applicable to the export 
of elemental mercury regardless of its intended use. Section 12(b)(2) 
of TSCA provides that, ``If any person exports or intends to export to 
a foreign country a chemical substance or mixture for which . . . a 
rule has been proposed or promulgated under section 2604 [(TSCA section 
5)] . . . , such person shall notify the Administrator of such 
exportation or intent to export and the Administrator shall furnish to 
the government of such country notice of such rule (15 U.S.C. 
2611(b)(2)).'' The TSCA section 12(b) export notification requirement 
for a chemical subject to a proposed or final SNUR is not contingent on 
whether the intended use of the chemical has been regulated under a 
SNUR, and EPA does not interpret TSCA section 12(b) to include an 
exemption for uses that are not regulated. In promulgating the TSCA 
section 12(b) implementing regulations, EPA explained its position, 
``that the export notification requirement for a chemical is not 
contingent on whether the intended use of the chemical has been 
regulated. Notice must be given to EPA even though the chemical is 
being exported for a use, or in a manner, that is not regulated 
domestically under the relevant section 5, 6, or 7 action, rule or 
order (45 FR 82844, 82846; December 16, 1980).''
    The commenters requested an exemption from the export notification 
requirements for the export of elemental mercury that would not be used 
for the significant new use. In support of the requested exemption, the 
commenters stated that EPA's amendment of a rule issued under TSCA 
section 6, which concerned hexavalent chromium in comfort cooling 
towers (59 FR 42769; August 19, 1994) (codified at 40 CFR 749.68), 
provided a precedent for this type of exemption. In the August 1994 
hexavalent chromium action noted by the commenters, EPA amended 40 CFR 
749.68 to clarify that only hexavalent chromium chemicals that could be 
used for water treatment were the subjects of the underlying TSCA 
section 6 regulation, not other hexavalent chromium chemicals. That 
amendment had the parallel effect of limiting the scope of TSCA section 
12(b) export notifications that were required for those hexavalent 
chromium chemicals that could be used to treat water. The chemical 
subject to this SNUR is elemental mercury, thus TSCA section 12(b) 
requirements are applicable to the export of elemental mercury. It 
should be noted, however, that in accordance with TSCA section 12(b) 
regulations at 40 CFR 707.60(b), export notification for elemental 
mercury exported as part of an article is not required. EPA will not 
narrow the language of the final rule to confine export notification 
requirements, as requested by the commenter, ``only for elemental 
mercury when exported in the form subject to the SNUR, i.e., when used 
in convenience light switches, ABS switches, and active ride control 
switches in certain motor vehicles.''
    4. Comment--Weighted average of mercury switch content. One 
commenter recommended that market data cited in the preamble of the 
proposed rule, which pertained to the average content of elemental 
mercury in switches used in convenience light, ABS, or active ride 
control systems, should be supplemented to reflect the weighted average 
of all switches used industry-wide for such purposes in motor vehicles, 
which typically occur in one of three styles and weights.
    Response. The discrepancy between the averages of 0.8 grams per 
switch in Unit IV.E. of the proposed rule and the weighted average of 
1.2 grams per switch, as submitted, is noted. The submitted data 
suggests that the amount of elemental mercury collectively contained in 
convenience light, ABS, or active ride control system switches, as well 
as the amounts potentially released into the environment, might be 
greater than estimated. However, for the purposes of this action, the 
data does not affect EPA's significant new use determinations as 
described herein.
    5. Comment--Lift article exemption in whole, maintain broad 
definition of ``motor vehicle,'' and incorporate condition for approval 
of new use. One commenter advocated lifting the ``article'' exemption 
at 40 CFR 721.45(f) in whole, as a partial suspension (e.g., solely for 
articles containing motor vehicle switches) might be confusing or 
undermine the intent of the proposed rule. The commenter also concurred 
with the existing, broader definition of ``motor vehicle,'' and 
suggested the action apply to vehicles other than noncommercial motor 
vehicles that incorporate mercury switches for convenience light, ABS, 
or active ride control systems. Finally, the commenter suggested that 
EPA emphasize ``mitigation requirements as a condition of approval for 
new use.'' The commenter recommended that ``new language [could] be 
included in the rule that would give States and EPA the ability to 
weigh the potential of cross-media impacts when considering significant 
new uses so that mitigation in other critical environmental areas can 
be included as a part of the decision making on significant new uses.'' 
The commenter also urged EPA to consider ``overall community reduction 
efforts as well as efforts by companies to manage overall environmental 
footprint'' in its decision-making processes.
    Response. EPA agrees that the exemption for articles at 40 CFR 
721.45(f) should not apply to this action, and will finalize the rule 
as proposed, without the ``article'' exemption. EPA also agrees that 
the proposed definition of motor vehicles should be finalized as 
proposed. In regard to placing emphasis on ``mitigation requirements as 
a condition of approval for new use,'' EPA notes that the SNUN review 
process is not an approval process. Instead, EPA reviews notifications 
and can take action, as appropriate, under TSCA sections 5(e), 5(f), 6, 
or 7, to regulate the significant new use. If EPA takes no action 
during

[[Page 56908]]

the SNUN review period, then the SNUN submitter can commence the new 
use and EPA must issue a Federal Register document in accordance with 
TSCA section 5(g). As to considering cross-media impacts, specific 
mitigation requirements, and overall community reduction efforts in the 
``decision making on significant new uses,'' EPA generally does 
consider cross-media impacts in the SNUN evaluation process and could 
request further information from a SNUN submitter as needed to 
facilitate assessment and, where appropriate, regulate significant new 
uses. Further, EPA routinely considers environmental and human 
exposures, hazards, risks, and data needs, and, where appropriate, 
follows up as required with SNUN submitters, to regulate or limit 
activities pending the development of information necessary to evaluate 
a significant new use through the issuance of TSCA section 5(e) orders.
    6. Comment--Potential expansion of elemental mercury emission 
reduction under other statutes. One commenter suggested the development 
of an aggressive National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) that focused on electric arc furnace facilities.
    Response. The actions requested by the commenter are outside the 
scope of this rulemaking.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA provides that EPA's determination that a 
use of a chemical substance is a significant new use must be made after 
consideration of all relevant factors including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance (15 U.S.C. 2604(2)(A)-(D)).
    TSCA provides for the consideration of all relevant factors in 
making a significant new use determination, and here EPA considered 
other factors in addition to those enumerated in TSCA section 5(a)(2). 
To determine what would constitute a significant new use of elemental 
mercury, EPA considered relevant information about the toxicity of 
mercury, the likely exposures and releases associated with the 
lifecycle of elemental mercury manufactured for use in motor vehicle 
switches, and the four factors listed in TSCA section 5(a)(2). The 
lifecycle steps include the following:
     Mercury switch manufacturing.
     Motor vehicle manufacturing.
     Motor vehicle collision, repair, and maintenance.
     End-of-life vehicle recycling.
    After consideration of the relevant information about elemental 
mercury and the lifecycle steps of automobile manufacture, the 
statutory factors, and other considerations articulated in the proposed 
rule (71 FR 39041-39042; July 11, 2006), EPA finds that the use of 
elemental mercury in convenience light, ABS, and active ride control 
system switches for use in new motor vehicles to be a significant new 
use. EPA also finds the use of elemental mercury in certain switches as 
aftermarket replacement parts to be a significant new use: All 
aftermarket convenience light switches and those aftermarket ABS and 
active ride control system switches for motor vehicles manufactured 
after January 1, 2003.
    These findings are based on the reasonably anticipated manner and 
methods of manufacturing, processing, distribution in commerce, and 
disposal of elemental mercury in such switches, reintroduction of 
elemental mercury in convenience light, ABS, and active ride control 
system switches for use in new motor vehicles would: (1) Increase the 
volume of manufacturing, processing, and recycling of such switches; 
(2) increase the magnitude and duration of exposure of human beings and 
the environment to elemental mercury; and (3) result in the exposure of 
a category of workers to a different type or form of elemental mercury. 
Based on these considerations, EPA determined that any manufacturing or 
processing of elemental mercury for the uses designated in this rule is 
a significant new use.

V. Applicability of Rule to Uses Occurring Before Effective Date of the 
Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is 
best served by designating a use as a significant new use as of the 
date of publication of the proposed rule rather than as of the 
effective date of the final rule. If uses begun after publication of 
the proposed rule were considered ongoing rather than new, it would be 
difficult for EPA to establish SNUR notice requirements, because a 
person could defeat the SNUR by initiating the proposed significant new 
use before the rule became final, and then argue that the use was 
ongoing as of the effective date of the final rule. Thus, persons who 
began or begin commercial manufacture, import, or processing of 
elemental mercury for a significant new use designated in this rule 
will have to cease any such activity before the effective date of this 
rule. To resume their activities, these persons would have to comply 
with all applicable SNUR notice requirements and wait until the notice 
review period, including all extensions, expires. EPA has promulgated 
provisions to allow persons to comply with this SNUR before the 
effective date. If a person were to meet the conditions of advance 
compliance under 40 CFR 721.45(h), the person would be considered to 
have met the requirements of the final SNUR for those activities.

VI. SNUN Submissions

    SNUNs should be mailed to the Environmental Protection Agency, OPPT 
Document Control Office (7407M), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Information must be submitted in the form 
and manner set forth in EPA Form No. 7710-25. This form is available 
electronically on the EPA website at https://www.epa.gov/oppt/newchems/
pubs/pmnforms.htm, and in hard copy from the Environmental Assistance 
Division (7408M), OPPT, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001 (see 40 CFR 721.25(a) 
and 720.40(a)(2)(i)).

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any 
particular test data or information before submission of a SNUN. 
Persons are required only to submit test data and information in their 
possession or control and to describe any other data known to or 
reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25).
    In view of the potential risks posed by manufacture, processing, 
distribution, and disposal of elemental mercury for use in motor 
vehicle switches, EPA recommends that potential SNUN submitters include 
data that would permit a reasoned evaluation of risks posed by 
elemental mercury. EPA encourages persons to consult with EPA staff 
before submitting a SNUN. As part of this optional pre-notice 
consultation, EPA will discuss specific data it believes may be useful 
in evaluating a significant new use. SNUNs submitted for a significant 
new use of elemental

[[Page 56909]]

mercury without any test data may increase the likelihood that EPA will 
take action under TSCA section 5(e) to prohibit or limit activities 
associated with the significant new use intended.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs that provide detailed information on:
     Human exposure and environmental releases that may result 
from the significant new uses of elemental mercury.
     Potential benefits of the significant new use of the 
elemental mercury.
     Information on risks posed by the use of elemental mercury 
in motor vehicle switches relative to risks posed by mercury-free 
substitutes.
     Information on how the concerns about elemental mercury 
emissions during disposal of end-of-life vehicles could be mitigated 
(e.g., rebates for switches removed before shredding).
    Submitters should consider including with a SNUN any other 
available studies on elemental mercury or studies on analogous 
substances which may demonstrate that the significant new uses being 
reported are unlikely to present an unreasonable risk.

VIII. Economic Analysis

A. SNUNs

    EPA evaluated the potential costs of establishing SNUR reporting 
requirements for potential manufacturers and processors of elemental 
mercury. While there is no precise way to calculate the total annual 
cost of compliance with this final rule, given the uncertainties 
related to predicting the number of SNUNs that would be submitted as a 
result of this SNUR, EPA estimates that the cost for preparing and 
submitting a SNUN is $7,302, including a $2,500 user fee required by 40 
CFR 700.45(b)(2)(iii). Small businesses with annual sales of less than 
$40 million when combined with those of the parent company, if any, are 
subject to a reduced user fee of $100 (40 CFR 700.45(b)(1)). Based on 
past experience with SNURs and the low number of SNUNs which are 
submitted on an annual basis, EPA believes that there will be few, if 
any, SNUNs submitted as a result of this SNUR. EPA does not expect 
manufacturers of motor vehicles or mercury-containing replacement 
switches to choose to manufacture or process items that would require 
the submission of a SNUN. EPA believes that certain state laws that ban 
the use of mercury-containing switches in new motor vehicles, as well 
as marginal cost differences between mercury-containing and mercury-
free switches, will make SNUN submission cost prohibitive. The costs of 
submitting SNUNs will not be incurred by any company unless that 
company decides to pursue a significant new use as defined in this 
SNUR. Further, while the expense of a notice and the uncertainty of 
possible EPA regulation may discourage certain innovations, that impact 
would be limited because such factors are unlikely to discourage an 
innovation that has high potential value. The complete economic 
analysis performed by EPA is available in the public docket, as 
referenced in the proposed rule.

B. Export Notification

    As noted in Unit I. and Unit II.C., persons who intend to export a 
chemical substance identified in a proposed or final SNUR are subject 
to the export notification provisions of TSCA section 12(b) (15 U.S.C. 
2611(b)). EPA estimated that the one-time cost of preparing and 
submitting an export notification was $93.02. The total costs of export 
notification will vary, depending on the number of required 
notifications (e.g., number of countries to which the chemical is 
exported). EPA is not able to estimate the total number of TSCA section 
12(b) notifications that will be received as a result of this SNUR, nor 
the total number of companies that will file such notices. However, EPA 
expects that the total cost of complying with the export notification 
provisions of TSCA section 12(b) will be limited, based on past 
experience.

IX. Statutory and Executive Order Reviews

A. Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget has determined that this final SNUR is not a ``significant 
regulatory action'' subject to review by OMB, because it does not meet 
the criteria in section 3(f) of the Executive Order.

B. Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements contained in this rule under the provisions of 
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., and has 
assigned OMB control number 2070-0038 (EPA ICR No. 1188). This action 
would not impose any burden requiring additional OMB approval. If an 
entity were to submit a SNUN to EPA, the annual burden is estimated to 
require an average of 105 hours per submission. This burden estimate 
includes the time needed to review instructions, search existing data 
sources, gather and maintain the data needed, and complete, review, and 
submit the required SNUN. In addition to the time and effort to prepare 
and submit a SNUN, manufacturers must maintain records associated with 
the SNUN submission for five years. The recordkeeping associated with 
preparing and filing a SNUN is assumed to require five percent of the 
time spent on reporting, or 5 hours. This brings the total estimated 
time burden associated with a SNUN to 110 hours.
    According to PRA, burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal Agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number and included on the related 
collection instrument or form, if applicable. The OMB control numbers 
for EPA's regulations in 40 CFR are listed in 40 CFR part 9. In 
addition, EPA is amending the table in 40 CFR part 9 of currently 
approved OMB control numbers for various regulations to list the 
regulatory citation for the information requirements contained in this 
final rule. Due to the technical nature of the table, EPA finds that 
further notice and comment about amending the table is unnecessary. As 
a result, EPA finds that there is good cause under section 553(b)(3)(B) 
of the Administrative Procedures Act (APA), 5 U.S.C. 553(b)(3)(B), to 
amend the table in 40 CFR 9.1 without further notice and comment.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., EPA hereby certifies that promulgation of this 
SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. The rationale supporting this

[[Page 56910]]

conclusion is as follows. A SNUR applies to any person (including small 
or large entities) who intends to engage in any activity described in 
the rule as a ``significant new use.'' By definition of the word 
``new,'' and based on all information currently available to EPA, it 
appears that no small or large entities presently engage in such 
activity. Since a SNUR only requires that any person who intends to 
engage in such activity in the future must first notify EPA by 
submitting a SNUN, no economic impact would even occur until someone 
decides to engage in those activities. Although some small entities may 
decide to conduct such activities in the future, EPA cannot presently 
determine how many instances, if any, there may be. However, EPA 
records indicate that an average of only 10 notices per year are 
received in response to the promulgation of more than 1,000 SNURs. Of 
those SNUNs submitted, none appear to be from small entities in 
response to any SNUR. In addition, the estimated reporting cost for the 
submission of a SNUN (see Unit VIII.A.), is minimal, regardless of the 
size of the applicant organization.
    Therefore, EPA believes that the potential economic impact of 
complying with this SNUR is not expected to be significant or adversely 
impact a substantial number of small entities. In a SNUR that published 
on June 2, 1997 (62 FR 29684) (FRL-5597-1), EPA presented its general 
determination that proposed and final SNURs are not expected to have a 
significant economic impact on a substantial number of small entities, 
which was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA experience with proposing and finalizing SNURs, State, 
Local, and Tribal governments have not been impacted by these 
rulemakings. EPA does not have any reason to believe that any State, 
Local, or Tribal government will be impacted by this rulemaking. As 
such, EPA determined that this regulatory action will not impose any 
enforceable duty, contain any unfunded mandate, or otherwise have any 
affect on small governments subject to the requirements of sections 
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4).

E. Federalism

    This action will not have a substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132, entitled 
Federalism (64 FR 43255, August 10, 1999).

F. Consultation and Coordination with Indian Tribal Governments

    This final rule will not have Tribal implications because it will 
not have substantial direct effects on Indian Tribes, uniquely affect 
the communities of Indian Tribal governments, and does not involve or 
impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), do not apply to this final rule.

G. Protection of Children from Environmental Health Risks and Safety 
Risks

    This final rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because it is not economically 
significant as defined in Executive Order 12866, and because the Agency 
does not have reason to believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

H. Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    This final rule is not subject to Executive Order 13211, entitled 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001), because this action 
is not expected to affect energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    This action does not involve any technical standards; therefore, 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note), does not 
apply to this action.

J. Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


    Dated: September 27, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


0
2. In Sec.  9.1 the table is amended by adding a new entry in numerical 
order under the heading ``Significant New Uses of Chemical Substances'' 
to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
                                * * * * *
 
------------------------------------------------------------------------

[[Page 56911]]

 
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
                                * * * * *
721.10068............................................          2070-0038
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
4. By adding new Sec.  721.10068 to subpart E to read as follows:


Sec.  721.10068  Elemental mercury.

    (a) Definitions. The definitions in Sec.  721.3 apply to this 
section. In addition, the following definition applies: Motor vehicle 
has the meaning found at 40 CFR 85.1703.
    (b) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substance elemental mercury (CAS. No. 7439-
97-6) is subject to reporting under this section for the significant 
new uses described in paragraph (b)(2) of this section.
    (2) The significant new uses are:
    (i) Manufacture or processing of elemental mercury for use in 
convenience light switches in new motor vehicles.
    (ii) Manufacture or processing of elemental mercury for use in 
convenience light switches as new aftermarket replacement parts for 
motor vehicles.
    (iii) Manufacture or processing of elemental mercury for use in 
switches in anti-lock brake systems (ABS) in new motor vehicles.
    (iv) Manufacture or processing of elemental mercury for use in 
switches in ABS as new aftermarket replacement parts for motor vehicles 
that were manufactured after January 1, 2003.
    (v) Manufacture or processing of elemental mercury for use in 
switches in active ride control systems in new motor vehicles.
    (vi) Manufacture or processing of elemental mercury for use in 
switches in active ride control systems as new aftermarket replacement 
parts for motor vehicles that were manufactured after January 1, 2003.
    (c) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Suspension or revocation of certain notification exemptions. 
The provisions of Sec.  721.45(f) do not apply to this section. A 
person who imports or processes elemental mercury as part of an article 
is not exempt from submitting a significant new use notice.
    (2) [Reserved]

[FR Doc. E7-19705 Filed 10-4-07; 8:45 am]
BILLING CODE 6560-50-S