Laws To Curb Mercury Pollution: What Can Be Done?

Mercury is a highly toxic chemical that poses significant ecological and public health concerns, especially for children and pregnant women. Its release into the environment has harmful effects on human health and the ecosystem. To combat this, several laws and regulations have been implemented to limit mercury pollution, reduce its use, and protect human health. For instance, the Mercury Export Ban Act of 2008 in the US aims to reduce the availability of elemental mercury in domestic and international markets. The Mercury-Containing and Rechargeable Battery Management Act of 1996 phases out the use of mercury in batteries and provides for cost-effective disposal. The Clean Air Act regulates mercury as a hazardous air pollutant, while the Safe Drinking Water Act sets standards for drinking water to limit mercury contamination. Internationally, the Minamata Convention on Mercury, ratified by the EU in 2017, aims to address human activities contributing to mercury pollution. These laws and regulations are crucial in mitigating the harmful impacts of mercury on people and the environment.

The Mercury Export Ban Act of 2008

The Act's three main provisions are as follows:

Prohibition on Federal Agencies

Federal agencies are prohibited from conveying, selling, or distributing metallic mercury under their control or jurisdiction. This includes stockpiles held by the Departments of Energy and Defense, the largest holders of elemental mercury in the United States.

Ban on Export of Metallic Mercury

The export of metallic mercury from the United States is prohibited beginning January 1, 2013. This ban aims to reduce the supply of elemental mercury in domestic and international markets.

Designation of DOE Facilities for Long-Term Management and Storage

The Department of Energy (DOE) is tasked with designating one or more DOE facilities for the long-term management and storage of metallic mercury generated within the United States. This designation process began on January 1, 2010, with the goal of having the facilities operational by January 1, 2013.

In addition to these main provisions, the Act also authorizes the Environmental Protection Agency (EPA) to grant exemptions from the export prohibition in specific cases. It also requires the EPA to publish reports to Congress on mercury compounds and the global supply and trade of elemental mercury.

The Mercury-Containing and Rechargeable Battery Management Act of 1996

• Used nickel-cadmium (Ni-Cd) batteries
• Used small sealed lead-acid (SSLA) batteries
• Certain other regulated batteries

The law applies to battery and product manufacturers, battery waste handlers, and specific battery and product importers and retailers. The intended objective of the Act is to reduce the presence of heavy metals in municipal waste, streams, and groundwater that results from the disposal of mercury in single-use batteries and the toxic metal content in lead-acid and nickel-cadmium rechargeable batteries.

To achieve this objective, the Act includes specific provisions. The sale of mercury in single-use batteries was banned, with an allowance of up to 25 mg of mercury per button cell. Toxic metal products, such as lead-acid batteries and nickel-cadmium rechargeable batteries, were given specific labeling and disposal requirements. Retailers who sell rechargeable and other special batteries are encouraged to take back old batteries for free recycling and safe disposal. The Rechargeable Battery Recycling Corporation (RBRC), a non-profit organization used by most retailers, reclaims the metals within the old batteries to create new products.

The Clean Air Act

In 2011, the EPA issued the Mercury and Air Toxics Standards (MATS) regulation, which set the first federal standards for power plants to limit emissions of mercury and other toxic gases. MATS was projected to have significant health benefits, including saving up to 17,000 lives per year and preventing thousands of cases of childhood asthma and acute bronchitis. The standards also aimed to reduce mercury emissions from power plants burning coal and oil by 91%.

Overall, the Clean Air Act has been an important tool in reducing mercury pollution and protecting public health. By regulating mercury as a hazardous air pollutant and setting standards for power plants and other industrial sources, the Act has helped reduce emissions and exposure to this toxic substance.

The Safe Drinking Water Act

In 1991, the EPA set an MCL for inorganic mercury at 0.002 mg/L or 2 ppb. Public water systems must ensure that drinking water does not exceed the MCL for mercury. These MCLs are set as close to the health goals as possible, taking into account the cost, benefits, and the ability of public water systems to detect and remove contaminants using suitable treatment technologies. The EPA periodically reviews this standard to ensure that the MCL continues to protect human health.

Mercury contamination in drinking water can come from many sources, including erosion of natural mercury deposits, discharges from refineries and factories, and runoff from landfills and cropland. US states have the primary responsibility for enforcing drinking water standards.

The Comprehensive National Mercury Monitoring Act

Summary

Details of the Act

The Act directs the Environmental Protection Agency (EPA) to establish a national mercury monitoring program to measure and monitor mercury levels in the air, water, soil, and in aquatic and terrestrial life. The EPA is also tasked with creating an online database for mercury data, freely accessible to the public.

The Act further instructs the EPA to establish a scientific advisory committee to guide the development and operations of the national mercury monitoring program. This committee will ensure that the program is designed and implemented effectively, providing valuable insights and expertise.

Additionally, the EPA is directed to select multiple monitoring sites that represent the diverse ecoregions of the United States. This comprehensive approach will ensure that data is collected from various habitats and ecosystems, giving a more accurate understanding of mercury contamination across the country.

Benefits of the Act

The implementation of the Comprehensive National Mercury Monitoring Act will provide several benefits:

• Improved Data for Researchers: The national monitoring program will provide researchers with better data on mercury contamination levels in the United States. This data will help identify areas that require targeted pollution reduction initiatives, allowing for more informed and effective strategies to protect Americans from exposure to this toxic element.
• Protection of Public Health: Mercury is a toxic substance that can have adverse effects on both children and adults. By monitoring and reducing mercury pollution, the Act will help protect public health, especially that of vulnerable groups such as infants, unborn children, and pregnant women.
• Informed Policy-Making: The improved data and monitoring will enable policymakers to make more informed decisions. They can use this data to develop long-term solutions to mercury contamination, ensuring that advice on consuming fish, a vital source of nutrients, is practical and balanced.
• Environmental Conservation: Mercury pollution not only affects human health but also has detrimental effects on wildlife. The Act will help conserve and protect aquatic and terrestrial ecosystems, ensuring the health and diversity of flora and fauna.
• Global Collaboration: The Act will complement international efforts to address mercury pollution. By joining the Minamata Convention on Mercury, a multilateral environmental agreement, the United States is collaborating with other nations to reduce global mercury pollution.

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