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EPA Proposes Mercury Reporting Rule Under TSCA

Monday, November 27, 2017

The United States Environmental Protection Agency has published a proposed rule requiring manufacturers and importers of mercury and mercury-added products to assist the EPA in the preparation of “an inventory of mercury supply, use, and trade in the United States,” (Per Section 8(b)(10)(B) of the Toxic Substances Control Act) where mercury is defined as “elemental mercury” and “a mercury compound.” The EPA is asking for these manufacturers and importers to provide both quantitative and qualitative information about the mercury involved in their activities.

The list of potentially affected industries is wide ranging. View the list of potentially effected industries.

The requirements focus on entities who manufacture mercury or otherwise intentionally use mercury in a manufacturing process. The proposed rule will not apply to entities generating, handling or managing mercury-containing waste, unless said entity manufactures or recovers mercury and uses it or stores it for use. Nor would it apply to those merely engaged in the trade of mercury, those importing mercury-added products for personal use and not for commercial purposes, those manufacturing mercury incidentally (such as by burning coal) or those importing a product that contains mercury solely as a component in a mercury-added product (such as a toy with a mercury-added battery). It would, however, apply to mercury or mercury-containing by-products manufactured for commercial purposes and to the storage of mercury and mercury-added products after manufacture.

EPA is proposing an initial reporting deadline of July 1, 2019, with subsequent reports due every three years thereafter. Each report would cover only the preceding calendar year.

EPA is accepting comments on the proposed rule until December 26, 2017.

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