EPA Adopts Rule Establishing TSCA Mercury Inventory Reporting Requirements

In the June 27, 2018 Federal Register, the Environmental Protection Agency (EPA) issued a final rule to establish reporting requirements applicable to any person who manufactures (including imports) mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process. “Mercury,” as defined at § 8(b)(10)(A) of the Toxic Substances Control Act (TSCA), includes elemental mercury and mercury compounds. The rule requires data for the preceding year to be reported before July 1 every three years, starting in 2019. Therefore, the first reporting deadline – the date before which 2018 data must be reported – is July 1, 2019.

The EPA issued this rule to comply with TSCA § 8(b)(10)(D) – a section that was added in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act’s amendments to TSCA – which requires the EPA to develop and maintain an “inventory of mercury supply, use, and trade in the United States.” As a result of this action, a new part will be added to the Code of Federal Regulations (CFR) on August 27, 2018, the date the rule becomes effective – 40 CFR Part 713, “Reporting Requirements for the TSCA Inventory of Mercury Supply, Use, and Trade.”

Source: Mercury; Reporting Requirements for the TSCA Mercury Inventory, 83 Fed. Reg. 30,054 (June 27, 2018), https://www.federalregister.gov/documents/2018/06/27/2018-13834/mercury-reporting-requirements-for-the-tsca-mercury-inventory.