[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30054-30077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13834]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 713

[EPA-HQ-OPPT-2017-0421; FRL-9979-74]
RIN 2070-AK22


Mercury; Reporting Requirements for the TSCA Mercury Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: As required under section 8(b)(10)(D) of the Toxic Substances 
Control Act (TSCA), EPA is finalizing reporting requirements for 
applicable persons to provide information to assist in the preparation 
of an ``inventory of mercury supply, use, and trade in the United 
States,'' where ``mercury'' is defined as ``elemental mercury'' and ``a 
mercury compound.'' The requirements apply to any person who 
manufactures (including imports) mercury or mercury-added products, or 
otherwise intentionally uses mercury in a manufacturing process. Based 
on the inventory of information collected, the Agency is directed to 
``identify any manufacturing processes or products that intentionally 
add mercury; and . . . recommend actions, including proposed revisions 
of Federal law or regulations, to achieve further reductions in mercury 
use.'' At this time, EPA is not making such identifications or 
recommendations.

DATES: This final rule is effective August 27, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0421, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Thomas Groeneveld, National 
Program Chemicals Division, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-1188; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import) mercury or mercury-added products, or if you 
otherwise intentionally use mercury in a manufacturing process. The 
following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include the following:
     Gold ore mining (NAICS code 212221).
     Lead ore and zinc ore mining (NAICS code 212231).
     All other metal ore mining (NAICS code 212299).
     Asphalt shingle and coating materials manufacturing (NAICS 
code 324122).
     Synthetic dye and pigment manufacturing (NAICS code 
325130).
     Other basic inorganic chemical manufacturing (NAICS code 
325180).
     All other basic organic chemical manufacturing (NAICS code 
325199).
     Plastics material and resin manufacturing (NAICS code 
325211).
     Pesticide and other agricultural chemical manufacturing 
(NAICS code 325320).
     Medicinal and botanical manufacturing (NAICS code 325411).
     Pharmaceutical preparation manufacturing (NAICS code 
325412).
     Biological product (except diagnostic) manufacturing 
(NAICS code 325414).
     Paint and coating manufacturing (NAICS code 325510).
     Adhesive manufacturing (NAICS code 325520).
     Custom compounding of purchased resins (NAICS code 
325991).
     Photographic film, paper, plate, and chemical 
manufacturing (NAICS code 325992).
     All other miscellaneous chemical product and preparation 
manufacturing (NAICS code 325998).
     Unlaminated plastics film and sheet (except packaging) 
manufacturing (NAICS code 326113).
     Unlaminated plastics profile shape manufacturing (NAICS 
code 326121).
     Urethane and other foam product (except polystyrene) 
manufacturing (NAICS code 326150).
     All other plastics product manufacturing (NAICS code 
326199).
     Tire manufacturing (NAICS code 326211).
     All other rubber product manufacturing (NAICS code 
326299).
     Iron and steel mills and ferroalloy manufacturing (NAICS 
code 331110).
     Rolled steel shape manufacturing (NAICS code 331221).
     Alumina refining and primary aluminum production (NAICS 
code 331313).
     Secondary smelting and alloying of aluminum (NAICS code 
331314).
     Nonferrous metal (except aluminum) smelting and refining 
(NAICS code 331410).
     Secondary smelting, refining, and alloying of nonferrous 
metal (except copper and aluminum) (NAICS code 331492).
     Iron foundries (NAICS code 331511).
     Steel foundries (except investment) (NAICS code 331513).
     Fabricated structural metal manufacturing (NAICS code 
332312).
     Industrial valve manufacturing (NAICS code 332911).
     Ammunition except small arms manufacturing (NAICS code 
332993).
     Small arms, ordnance, and ordnance accessories 
manufacturing (NAICS code 332994).

[[Page 30055]]

     All other miscellaneous fabricated metal product 
manufacturing (NAICS code 332999).
     Food product machinery manufacturing (NAICS code 333294).
     Office machinery manufacturing (NAICS code 333313).
     Other commercial and service industry machinery 
manufacturing (NAICS code 333319).
     Heating equipment (except warm air furnaces) manufacturing 
(NAICS code 333414).
     Air-conditioning and warm air heating equipment and 
commercial and industrial refrigeration equipment manufacturing (NAICS 
code 333415).
     Pump and pumping equipment manufacturing (NAICS code 
333911).
     Bare printed circuit board manufacturing (NAICS code 
334412).
     Semiconductor and related device manufacturing (NAICS code 
334413).
     Other electronic component manufacturing (NAICS code 
334419).
     Electromedical and electrotherapeutic apparatus 
manufacturing (NAICS code 334510).
     Search, detection, navigation, guidance, aeronautical, and 
nautical system and instrument manufacturing (NAICS code 334511).
     Automatic environmental control manufacturing for 
residential, commercial, and appliance use (NAICS code 334512).
     Instruments and related products manufacturing for 
measuring, displaying, and controlling industrial process variables 
(NAICS code 334513).
     Totalizing fluid meter and counting device manufacturing 
(NAICS code 334514).
     Instrument manufacturing for measuring and testing 
electricity and electrical signals (NAICS code 334515).
     Analytical laboratory instrument manufacturing (NAICS code 
334516).
     Watch, clock, and part manufacturing (NAICS code 334518).
     Other measuring and controlling device manufacturing 
(NAICS code 334519).
     Electric lamp bulb and part manufacturing (NAICS code 
335110).
     Commercial, industrial, and institutional electric 
lighting fixture manufacturing (NAICS code 335122).
     Other lighting equipment manufacturing (NAICS code 
335129).
     Electric house wares and household fan manufacturing 
(NAICS code 335211).
     Household vacuum cleaner manufacturing (NAICS code 
335212).
     Household cooking appliance manufacturing (NAICS code 
335221).
     Household refrigerator and home freezer manufacturing 
(NAICS code 335222).
     Household laundry equipment manufacturing (NAICS code 
335224).
     Other major household appliance manufacturing (NAICS code 
335228).
     Switchgear and switchboard apparatus manufacturing (NAICS 
code 335313).
     Relay and industrial control manufacturing (NAICS code 
335314).
     Primary battery manufacturing (NAICS code 335912).
     Current-carrying wiring device manufacturing (NAICS code 
335931).
     All other miscellaneous electrical equipment and component 
manufacturing (NAICS code 335999).
     Automobile manufacturing (NAICS code 336111).
     Light truck and utility vehicle manufacturing (NAICS code 
336112).
     Heavy duty truck manufacturing (NAICS code 336120).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code 
336214).
     Other aircraft parts and auxiliary equipment manufacturing 
(NAICS code 336413).
     Boat building (NAICS code 336612).
     Motorcycles and parts manufacturing (NAICS code 336991).
     Surgical and medical instrument manufacturing (NAICS code 
339112).
     Costume jewelry and novelty manufacturing (NAICS code 
339914).
     Game, toy, and children's vehicle manufacturing (NAICS 
code 339932).
     Sign manufacturing (NAICS code 339950).
     Other chemical and allied products merchant wholesalers 
(NAICS code 424690).
     Research and development in the physical, engineering, and 
life sciences (except biotechnology) (NAICS code 541712).
     Hazardous waste treatment and disposal (NAICS code 
562211).
     Other nonhazardous waste treatment and disposal (NAICS 
code 562219).
     Materials recovery facilities (NAICS code 562920).
     National security (NAICS code 928110).

B. What action is the Agency taking?

    EPA is issuing a final rule under TSCA section 8(b)(10) to require 
reporting to assist in the preparation of ``an inventory of mercury 
supply, use, and trade in the United States,'' where ``mercury'' is 
defined as ``elemental mercury'' and ``a mercury compound.'' 
Hereinafter ``mercury'' will refer to both elemental mercury and 
mercury compounds collectively, except where separately identified. 
This final rule requires reporting from any person who manufactures 
(including imports) mercury or mercury-added products, or otherwise 
intentionally uses mercury in a manufacturing process. EPA published 
its initial inventory report in the Federal Register on March 29, 2017 
(Ref. 1), which noted data gaps and limitations encountered by the 
Agency in its historic reliance on publicly available data on the 
mercury market in the United States. As stated in the initial inventory 
report, ``[f]uture triennial inventories of mercury supply, use, and 
trade are expected to include data collected directly from persons who 
manufacture or import mercury or mercury-added products, or otherwise 
intentionally use mercury in a manufacturing process'' (Ref. 1). These 
reporting requirements will help the Agency narrow such data gaps, 
prepare subsequent, triennial publications of the inventory, and 
execute the mandate to ``identify any manufacturing processes or 
products that intentionally add mercury; and . . . recommend actions, 
including proposed revisions of Federal law or regulations, to achieve 
further reductions in mercury use'' (15 U.S.C. 2607(b)(10)(C)).
    In addition, this information could be used by the U.S. Government 
to assist in its national reporting regarding its implementation of the 
Minamata Convention on Mercury (Minamata Convention), to which the 
United States is a Party (Ref. 2). The Minamata Convention is an 
international environmental agreement that has as its objective the 
protection of human health and the environment from anthropogenic 
emissions and releases of elemental mercury and mercury compounds. 
Article 21 of the Convention requires Parties to include in their 
national reports, among other information, information demonstrating 
that the Party has met the requirements of Article 3 on Mercury Supply 
Sources and Trade and of Article 5 on Manufacturing Processes in Which 
Mercury or Mercury Compounds Are Used. EPA intends to use the collected 
information from the mercury inventory to implement TSCA and assist in 
its national reporting for the Minamata Convention as well as to shape 
the Agency's efforts to reduce the use of mercury in commerce. In so 
doing, the Agency will conduct a timely evaluation and refinement of 
these reporting requirements so that they are efficient and non-
duplicative for reporters.
    EPA issued the proposed rule for this action in the Federal 
Register on October 26, 2017 with a December 26, 2017 deadline for 
comments (Ref. 3); in response to two requests, the deadline

[[Page 30056]]

was extended to January 11, 2018 (Ref. 4). Based on comments received, 
the Agency modified the regulatory text to improve the logic and flow 
of sections, to clarify various terms and reporting requirements, and 
to eliminate several quantitative reporting requirements. Such issues 
are discussed in greater detail in Unit III. and the Response to 
Comments document for this rule (Ref. 5).
    The reporting requirements for supply, use, and trade of mercury 
include activities that are established TSCA terms: Manufacture, 
import, distribution in commerce, storage, and export. The reporting 
requirements also apply to otherwise intentional use of mercury in a 
manufacturing process. Persons who manufacture (including import) 
mercury or mercury-added products, or otherwise intentionally use 
mercury in a manufacturing process, are required to report amounts of 
mercury in pounds (lbs.) used in such activities during a designated 
reporting year. Reporters also are required to identify specific 
mercury compounds, mercury-added products, manufacturing processes, and 
how mercury is used in manufacturing processes, as applicable, from 
preselected lists. For certain activities, reporters are required to 
provide additional, contextual data (e.g., NAICS codes for mercury or 
mercury-added products distributed in commerce).
    The finalized reporting requirements do not apply to: (1) Persons 
who do not first manufacture, import, or otherwise intentionally use 
mercury; (2) persons who only generate, handle, or manage mercury-
containing waste; (3) persons who only manufacture mercury as an 
impurity; and (4) persons engaged in activities involving mercury not 
with the purpose of obtaining an immediate or eventual commercial 
advantage (see Unit III.D.2.). Within the category of persons who must 
report, there are certain persons who are not required to provide 
specific data elements. To avoid reporting that is unnecessary or 
duplicative, the Agency is finalizing certain exemptions for persons 
who already report for mercury and mercury-added products to the TSCA 
section 8(a) Chemical Data Reporting (CDR) rule and the Interstate 
Mercury Education and Reduction Clearinghouse (IMERC) Mercury-added 
Products Database, respectively. Such reporters are not required to 
respond to certain data elements of the mercury reporting application 
that are comparable to data they also report in response to CDR and 
IMERC reporting requirements.

C. Why is the Agency taking this action?

    EPA is issuing this final rule under TSCA section 8(b)(10) to 
require reporting to assist in the preparation of the statutorily-
required inventory of mercury supply, use, and trade in the United 
States. As indicated in the initial inventory report (Ref. 1), this 
final rule will support future triennial publications of the mercury 
inventory by establishing reporting requirements and an electronic 
application and database to collect, store, and analyze information 
provided by applicable respondents. In administering this mercury 
inventory, the Agency will ``identify any manufacturing processes or 
products that intentionally add mercury; and . . . recommend actions, 
including proposed revisions of Federal law or regulations, to achieve 
further reductions in mercury use'' (15 U.S.C. 2607(b)(10)(C)).

D. What is the Agency's authority for taking this action?

    EPA is issuing this rule pursuant to TSCA section 8(b)(10)(D) to 
implement the direction at TSCA section 8(b)(10)(B) that ``[n]ot later 
than April 1, 2017, and every 3 years thereafter, the Administrator 
shall carry out and publish in the Federal Register an inventory of 
mercury supply, use, and trade in the United States.'' TSCA section 
8(b)(10)(D) requires EPA to promulgate a final rule by June 22, 2018 
that establishes reporting requirements applicable to any person who 
manufactures mercury or mercury-added products or otherwise 
intentionally uses mercury in a manufacturing process to assist in the 
preparation of the inventory.
    In addition, the Paperwork Reduction Act (PRA) requires Federal 
agencies to manage information resources to reduce information 
collection burdens on the public; increase program efficiency and 
effectiveness; and improve the integrity, quality, and utility of 
information to all users within and outside an agency, including 
capabilities for ensuring dissemination of public information, public 
access to Federal Government information, and protections for privacy 
and security (44 U.S.C. 3506).
    TSCA section 2 expresses the intent of Congress that EPA carry out 
TSCA in a reasonable and prudent manner and in consideration of the 
impacts that any action taken under TSCA may have on the environment, 
the economy, and society. EPA will manage and leverage its information 
resources, including information technology, and the Agency is 
requiring the use of electronic reporting to implement the mercury 
inventory reporting requirements of TSCA section 8(b)(10)(D) in a 
reasonable and prudent manner.

E. What are the estimated incremental impacts of the final rule?

    EPA prepared an economic analysis of the potential impacts 
associated with this rulemaking (Ref. 6). The chief benefit of the 
final rule is the collection of detailed data on mercury, which will 
serve as a basis to recommend actions to further reduce mercury use in 
the United States, as required at TSCA section 8(b)(10)(C). Another 
benefit is the use of information collected under the final rule to 
help the United States implement its obligations under the Minamata 
Convention. While there are no quantified benefits for the final rule, 
the statutory mandate specifically calls for and authorizes a rule to 
support an inventory of mercury supply, use, and trade in the United 
States, to identify any manufacturing processes or products that 
intentionally add mercury, and to recommend actions to achieve further 
reductions in mercury use. As described in the Agency's economic 
analysis, unquantified benefits include providing increased information 
on mercury and assisting in the reduction of mercury use (Ref. 6). To 
the extent that the information gathered through this rule is used to 
reduce mercury use, benefits to society may result from a reduction in 
exposure.

                 Table 1--Summary of Costs and Benefits
------------------------------------------------------------------------
           Category                           Description
------------------------------------------------------------------------
Benefits.....................  The final rule will provide information
                                on mercury and mercury-added products to
                                which the Agency (and the public) does
                                not currently have access. To the extent
                                that the information gathered through
                                this final rule is used to reduce
                                mercury use, benefits to society may
                                result from a reduction in risk.

[[Page 30057]]

 
Costs........................  Estimated industry costs and burden total
                                $5.83 million and 72,600 hours (for 750
                                respondents) for the first year of
                                reporting, with an individual estimate
                                of $7,800 and 97 hours. For future
                                triennial reporting cycles, industry
                                costs and burden will be $4.04 million
                                and 50,200 hours, with an individual
                                estimate of $5,400 and 67 hours. These
                                estimates include compliance
                                determination, rule familiarization, CBI
                                substantiation, electronic reporting,
                                and recordkeeping, in addition to
                                completing reporting requirements.
Effects on State, Local, and   Government entities are not expected to
 Tribal Governments.            be subject to the rule's requirements,
                                which apply to entities that manufacture
                                (including import) mercury or mercury-
                                added products, or otherwise
                                intentionally use mercury in a
                                manufacturing process. The final rule
                                does not have a significant
                                intergovernmental mandate, significant
                                or unique effect on small governments,
                                or have Federalism implications.
Small Entity Impacts.........  The final rule will impact 211 companies
                                that meet the U.S. Small Business
                                Administration (SBA) definitions for
                                their respective NAICS classifications:
                                Four small entities (1.85%) are expected
                                to incur impacts of 1% percent or
                                greater. No small entity assessed is
                                expected to incur an impact of greater
                                than 3%. Five companies could not be
                                verified as small entities. Even if the
                                entities whose status is
                                ``undetermined'' were assumed to be
                                impacted small entities, this would
                                result in only nine entities (4.17%).
                                Therefore, EPA certifies that this
                                action will not have a significant
                                economic impact on a substantial number
                                of small entities.
Environmental Justice and      The information obtained from the
 Protection of Children.        reporting required by this final rule
                                will be used to inform the Agency's
                                decision-making process regarding
                                chemicals to which minority or low-
                                income populations or children may be
                                disproportionately exposed. This
                                information will also assist the Agency
                                and others in determining whether
                                elemental mercury and mercury compounds
                                addressed in this final rule present
                                potential risks, allowing the Agency and
                                others to take appropriate action to
                                investigate and mitigate those risks.
------------------------------------------------------------------------

II. Background

A. Recent Amendments to TSCA and the Initial Inventory

    The Frank R. Lautenberg Chemical Safety for the 21st Century Act 
(Lautenberg Act) (Pub. L. 114-182, 130 Stat. 448), enacted on June 22, 
2016, implemented reforms to TSCA (15 U.S.C. 2601 et seq.). Among other 
changes to TSCA, the Lautenberg Act amended TSCA section 8(b) to 
require EPA to establish: (1) An inventory of mercury supply, use, and 
trade in the United States; and (2) reporting requirements by rule 
applicable to any person who manufactures mercury or mercury-added 
products or otherwise intentionally uses mercury in a manufacturing 
process not later than June 22, 2018 (15 U.S.C. 2607(b)(10)). 
Information collected per the reporting requirements will be used to 
periodically update the mercury inventory; identify any manufacturing 
processes or products that intentionally add mercury; and recommend 
actions, including proposed revisions of federal law or regulations, to 
achieve further reductions in mercury use (15 U.S.C. 2607(b)(10)(B) and 
(C)). The Lautenberg Act also added certain mercury compounds to the 
TSCA section 12(c) ban on export of elemental mercury and authorized 
EPA to ban the export of additional mercury compounds by rule. 
Additional information on the Lautenberg Act is available on EPA's 
website at https://www.epa.gov/assessing-and-managing-chemicalsunder-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.
    Prior to developing its initial inventory, EPA reviewed federal and 
state reports and databases, among other sources, to assemble a 
collection of available information on mercury, mercury-added products, 
and manufacturing processes involving mercury (Ref. 1). In reviewing 
data obtained, the Agency found that its baseline of data lacked the 
specificity and level of detail required to develop a mercury inventory 
responsive to TSCA section 8(b)(10)(D) or to be useful to inform 
mercury use reduction efforts for both the public and private sectors 
(Ref. 1). In 2015, to develop its understanding of domestic mercury 
supply and trade, the Agency collected information on the quantity of 
mercury sold in the United States for the years 2010 and 2013 from five 
companies identified as the primary recyclers and distributors of 
mercury in the United States (Ref. 7), which revealed a gap between 
available data on the amount of mercury within sold mercury-added 
products and the amount of bulk elemental mercury sold in the United 
States. Additional Agency research identified a data gap for the amount 
of mercury in exported mercury-added products. The Agency also is 
seeking to identify and differentiate between the amount of mercury in 
imported versus domestically manufactured mercury-added products. EPA 
is committed to further addressing such data gaps and considers the 
national mercury inventory mandated by Congress to be an instrumental 
means to establish the requisite body of information to support 
achievement of that goal.

B. Stakeholder Involvement

    In developing the proposed rule, the Agency coordinated with the 
Northeast Waste Management Officials' Association, which administers 
the IMERC database, as directed by TSCA section 8(b)(10)(D)(ii).

C. Public Comments

    During the public comment period (October 26, 2017 to January 11, 
2018) for the proposed rule, EPA received 89 comments. After careful 
review, the Agency determined that 27 of those comments were 
substantively or procedurally relevant to the proposed rule, while 55 
comments were not applicable, germane, or responsive. EPA received six 
comments generally supportive of the proposed rule and one comment 
related to mercury use, but exceeded the Agency's understanding of the 
statutory scope of ``mercury supply, use, and trade in the United 
States.'' All comments received are identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0421 and available at https://www.regulations.gov. Included in this docket is the Response to 
Comments document for this rule (Ref. 5).

III. Provisions of This Final Rule

    This final rule provides for the collection of information that 
allows EPA to implement statutory requirements at TSCA section 
8(b)(10)(B), which directs that ``[n]ot later than April 1, 2017, and 
every 3 years thereafter, the Administrator shall carry out and publish 
in the Federal Register an inventory of mercury supply, use, and trade 
in the United States''. Based on the inventory, the Agency is directed 
to ``identify any manufacturing processes or products that 
intentionally add mercury; and . . .

[[Page 30058]]

recommend actions, including proposed revisions of Federal law or 
regulations, to achieve further reductions in mercury use.'' EPA's 
rationale for fulfilling specific statutory provisions and terms, 
including summaries of public comments received and Agency responses 
and determinations for the final rule, are set forth by topic as 
follows. Some of these issues are discussed in greater detail in the 
Response to Comments document for this rule (Ref. 5), which is 
available at docket ID number EPA-HQ-OPPT-2017-0421 at https://www.regulations.gov.

A. Definition of Mercury

    TSCA section 8(b)(10)(A) states ``notwithstanding [TSCA] section 
3(2)(B), the term `mercury' means . . . elemental mercury; and . . . a 
mercury compound.'' As such, the definition for mercury at TSCA section 
8(b)(10)(A) supersedes the exclusions for ``chemical substances'' 
described in TSCA section 3(2)(B) that would otherwise apply to 
mercury, mercury-added products, or otherwise intentional uses of 
mercury in manufacturing processes. For example, any ``drug, cosmetic, 
or device'' as described in TSCA section 3(2)(B)(vi), should such items 
contain mercury, are not excluded from reporting under this final rule.
    The Agency proposed that where EPA distinguishes between elemental 
mercury and mercury compounds, elemental mercury be limited to 
elemental mercury as described by its Chemical Abstracts Service 
Registry Number (CASRN 7439-97-6) and mercury compounds be inclusive of 
all instances where elemental mercury or a mercury compound is reacted 
with another chemical substance. Examples of mercury compounds in the 
TSCA Chemical Substance Inventory are listed in Table 2.

                   Table 2--List of Mercury Compounds
------------------------------------------------------------------------
Chemical Abstracts  Service Registry No.         Mercury compound
------------------------------------------------------------------------
10045-94-0..............................  Nitric acid, mercury(2+) salt
                                           (2:1).
100-57-2................................  Mercury, hydroxyphenyl-.
10112-91-1..............................  Mercury chloride (Hg2Cl2).
10124-48-8..............................  Mercury amide chloride
                                           (Hg(NH2)Cl).
103-27-5................................  Mercury, phenyl(propanoato-
                                           .kappa.O)-.
10415-75-5..............................  Nitric acid, mercury(1+) salt
                                           (1:1).
104-60-9................................  Mercury, (9-octadecenoato-
                                           .kappa.O)phenyl-.
1191-80-6...............................  9-Octadecenoic acid (9Z)-,
                                           mercury(2+) salt (2:1).
12068-90-5..............................  Mercury telluride (HgTe).
13170-76-8..............................  Hexanoic acid, 2-ethyl-,
                                           mercury(2+) salt (2:1).
13302-00-6..............................  Mercury, (2-ethylhexanoato-
                                           .kappa.O)phenyl-.
1335-31-5...............................  Mercury cyanide oxide
                                           (Hg2(CN)2O).
1344-48-5...............................  Mercury sulfide (HgS).
1345-09-1...............................  Cadmium mercury sulfide.
13876-85-2..............................  Mercurate(2-), tetraiodo-,
                                           copper(1+) (1:2), (T-4)-.
138-85-2................................  Mercurate(1-), (4-
                                           carboxylatophenyl)hydroxy-,
                                           sodium (1:1).
141-51-5................................  Mercury, iodo(iodomethyl)-.
14783-59-6..............................  Mercury, bis[(2-
                                           phenyldiazenecarbothioic acid-
                                           .kappa.S) 2-phenylhydrazidato-
                                           .kappa.N2]-, (T-4)-.
15385-58-7..............................  Mercury, dibromodi-, (Hg-Hg).
15785-93-0..............................  Mercury, chloro[4-[(2,4-
                                           dinitrophenyl)amino]phenyl]-.
15829-53-5..............................  Mercury oxide (Hg2O).
1600-27-7...............................  Acetic acid, mercury(2+) salt
                                           (2:1).
1785-43-9...............................  Mercury,
                                           chloro(ethanethiolato)-.
19447-62-2..............................  Mercury, (acetato-.kappa.O)[4-
                                           [2-[4-
                                           (dimethylamino)phenyl]diazeny
                                           l]phenyl]-.
20582-71-2..............................  Mercurate(2-), tetrachloro-,
                                           potassium (1:2), (T-4)-.
20601-83-6..............................  Mercury selenide (HgSe).
21908-53-2..............................  Mercury oxide (HgO).
22450-90-4..............................  Mercury(1+), amminephenyl-,
                                           acetate (1:1).
24579-90-6..............................  Mercury, chloro(2-hydroxy-5-
                                           nitrophenyl)-.
24806-32-4..............................  Mercury, [.mu.-[2-
                                           dodecylbutanedioato(2-
                                           ).kappa.O1:.kappa.O4]]dipheny
                                           ldi-.
26545-49-3..............................  Mercury, (neodecanoato-
                                           .kappa.O)phenyl-.
27685-51-4..............................  Cobaltate(2-),
                                           tetrakis(thiocyanato-
                                           .kappa.N)-, mercury(2+)
                                           (1:1), (T-4)-.
29870-72-2..............................  Cadmium mercury telluride
                                           ((Cd,Hg)Te).
3294-57-3...............................  Mercury,
                                           phenyl(trichloromethyl)-.
33770-60-4..............................  Mercury, [3,6-dichloro-4,5-
                                           di(hydroxy-.kappa.O)-
                                           3,5cyclohexadiene-1,2-
                                           dionato(2-)]-.
3570-80-7...............................  Mercury, bis(acetato-
                                           .kappa.O)[.mu.-(3',6'-
                                           dihydroxy-
                                           3oxospiro[isobenzofuran-
                                           1(3H),9'-[9H]xanthene]-
                                           2',7'diyl)]di-.
537-64-4................................  Mercury, bis(4-methylphenyl)-.
539-43-5................................  Mercury, chloro(4-
                                           methylphenyl)-.
54-64-8.................................  Mercurate(1-), ethyl[2-
                                           (mercapto-.kappa.S)benzoato(2-
                                           ).kappa.O]-, sodium (1:1).
55-68-5.................................  Mercury, (nitrato-
                                           .kappa.O)phenyl-.
56724-82-4..............................  Mercury, phenyl[(2-
                                           phenyldiazenecarbothioic
                                           acid.kappa.S) 2-
                                           phenylhydrazidato-.kappa.N2]-
                                           .
587-85-9................................  Mercury, diphenyl-.
592-04-1................................  Mercury cyanide (Hg(CN)2).
592-85-8................................  Thiocyanic acid, mercury(2+)
                                           salt (2:1).
593-74-8................................  Mercury, dimethyl-.
59-85-8.................................  Mercurate(1-), (4-
                                           carboxylatophenyl)chloro-,
                                           hydrogen.
623-07-4................................  Mercury, chloro(4-
                                           hydroxyphenyl)-.
62-38-4.................................  Mercury, (acetato-
                                           .kappa.O)phenyl-.
62638-02-2..............................  Cyclohexanebutanoic acid,
                                           mercury(2+) salt (2:1).
627-44-1................................  Mercury, diethyl-.
6283-24-5...............................  Mercury, (acetato-.kappa.O)(4-
                                           aminophenyl)-.
628-86-4................................  Mercury, bis(fulminato-
                                           .kappa.C)-.

[[Page 30059]]

 
629-35-6................................  Mercury, dibutyl-.
63325-16-6..............................  Mercurate(2-), tetraiodo-, (T-
                                           4)-, hydrogen, compd. with 5-
                                           iodo-2-pyridinamine (1:2:2).
63468-53-1..............................  Mercury, (acetato-.kappa.O)(2-
                                           hydroxy-5-nitrophenyl)-.
63549-47-3..............................  Mercury, bis(acetato-
                                           .kappa.O)(benzenamine)-.
68201-97-8..............................  Mercury, (acetato-
                                           .kappa.O)diamminephenyl-, (T-
                                           4)-.
72379-35-2..............................  Mercurate(1-), triiodo-,
                                           hydrogen, compd. with 3-
                                           methyl2(3H)-benzothiazolimine
                                           (1:1:1).
7439-97-6...............................  Mercury.
7487-94-7...............................  Mercury chloride (HgCl2).
7546-30-7...............................  Mercury chloride (HgCl).
7616-83-3...............................  Perchloric acid, mercury(2+)
                                           salt (2:1).
7774-29-0...............................  Mercury iodide (HgI2).
7783-33-7...............................  Mercurate(2-), tetraiodo-,
                                           potassium (1:2), (T-4)-.
7783-35-9...............................  Sulfuric acid, mercury(2+)
                                           salt (1:1).
7783-39-3...............................  Mercury fluoride (HgF2).
7789-47-1...............................  Mercury bromide (HgBr2).
90-03-9.................................  Mercury, chloro(2-
                                           hydroxyphenyl)-.
94070-93-6..............................  Mercury, [.mu.-[(oxydi-2,1-
                                           ethanediyl
                                           1,2benzenedicarboxylato-
                                           .kappa.O2)(2-)]]diphenyldi-.
------------------------------------------------------------------------

    The Agency received a comment requesting an explanation for the 
Agency decision to not adopt the definition for ``mercury compound'' 
used by the Minamata Convention (``any substance consisting of atoms of 
mercury and one or more atoms of other chemical elements that can be 
separated into different components only by chemical reactions'') (Ref. 
8). Another commenter requested that the Agency clarify whether there 
is a concentration limit for classifying a material as elemental 
mercury and if EPA intends to require parties to report the manufacture 
or use of all mercury compounds, or only those that are listed on the 
TSCA Inventory (Ref. 9).
    Consistent with the discussion in the proposed rule, the Agency did 
not define specific terms for purposes of the mercury inventory in the 
regulatory text. Instead, the Agency considered and synthesized 
descriptions of applicable definitions found in TSCA and implementing 
regulations, as well as the Minamata Convention. To that end, EPA 
proposed that ``elemental mercury be limited to elemental mercury 
(CASRN 7439-97-6) and mercury compounds be inclusive of all instances 
where elemental mercury or a mercury compound is reacted with another 
chemical substance'' (Ref. 3). In regard to the definition of ``mercury 
compound'' set forth in the Minamata Convention, EPA finds the language 
in the proposed rule to be clear and comparable to the definition under 
the Minamata Convention. EPA is therefore retaining its proposed 
characterization. EPA also provides an extensive, though not 
comprehensive, list of compounds for which reporting is required based 
on CASRN. EPA's statutory obligations are to prepare the mercury 
inventory (15 U.S.C. 2607(b)(10)(B)) and to develop identifications and 
recommendations to reduce the use of mercury (15 U.S.C. 
2607(b)(10)(C)); nonetheless, EPA believes the resulting reporting will 
assist the United States in implementing the Minamata Convention.
    In regard to establishing a concentration limit for elemental 
mercury, the statutory text at TSCA section 8(b)(10)(A)(i) uses the 
term ``elemental mercury'' without qualification. Therefore, the Agency 
believes that it is appropriate to identify elemental mercury by use of 
its CASRN and without a concentration limit.

B. Explanation of Supply, Use, and Trade

    1. Overview of the Proposed Scope. Pursuant to TSCA section 
8(b)(10)(B), EPA interprets the scope of the mercury inventory to 
include activities within the domestic and global commodity mercury 
market that fall under ``supply, use, and trade of mercury in the 
United States.'' An inventory that adequately accounts for mercury in 
supply, use, and trade includes activities of persons who must report 
as described in TSCA section 8(b)(10)(D)(i): Manufacture, import, and 
otherwise intentionally use mercury in a manufacturing process. As 
such, the Agency proposed that persons required to report to the 
mercury inventory also include information on distribution in commerce, 
storage, and export to provide for the requisite inventory of mercury 
supply, use, and trade in the United States (Ref. 3).
    2. Comments Related to Terminology. The Agency received comments 
requesting clarification of the descriptions of various terms, 
including: Mercury handled as waste, including elemental mercury 
destined for long-term storage; otherwise intentionally use mercury in 
a manufacturing process; impurities present in a final product; 
commercial purposes; mercury-added products and components; and 
``persons.'' As described in Unit III.A., the Agency did not define 
specific terms for purposes of the mercury inventory in the regulatory 
text. Instead, the Agency considered and synthesized descriptions of 
applicable definitions found in TSCA and implementing regulations, as 
well as the Minamata Convention.
     Mercury Handled as Waste, Including Elemental Mercury 
Destined for Long-Term Storage. EPA received comments on reporting of 
mercury by facilities that certify that their stored elemental mercury 
will not be sold,\1\ including instances where mercury is produced as a 
mining byproduct and is managed as a hazardous waste (Ref. 10; Ref. 11; 
Ref. 12). Other comments addressed imported mercury-containing 
materials or wastes from which mercury can be recovered. Commenters 
emphasized that any exemption should

[[Page 30060]]

only apply to mercury that is clearly not intended to be used for 
commercial purposes (Ref. 10; Ref. 11).
---------------------------------------------------------------------------

    \1\ Under section 6939f(g)(2) of the Resource Conservation and 
Recovery Act (RCRA) (42 U.S.C. 6939f(g)(2)), U.S. Department of 
Energy is required to establish a facility by 2019 ``for the purpose 
of long-term management and storage of elemental mercury generated 
within the United States.'' Until that facility is operational, the 
elemental mercury can be stored at facilities with RCRA permits, or 
onsite at some mining operations that generate elemental mercury. In 
both cases, the facility is allowed to store elemental mercury waste 
(without regard to the RCRA prohibition on hazardous waste storage 
in lieu of treatment and disposal) until the planned DOE facility is 
operational and accepts elemental mercury for long-term management 
and storage. All facilities or companies storing waste in this 
manner, whether in the mining sector or not, are required to certify 
in writing to the DOE that they will store the mercury under certain 
conditions set forth in RCRA, including not selling the mercury.
---------------------------------------------------------------------------

    EPA agrees with the commenters that elemental mercury waste, 
whether generated from mining or another process, that is being stored 
(or accumulated on-site and destined for storage) for eventual transfer 
to the DOE long-term mercury storage facility, should not be subject to 
the reporting requirements because it is waste, which is exempt from 
this rule in accordance with TSCA section 8(10)(D)(iii). If any person 
manufactures elemental mercury, including recovery from waste or as a 
byproduct from mining or any other activity, and has not made the 
decision to store it for transfer to the DOE storage facility or to 
otherwise handle it as waste, then that person must report that 
mercury. The Agency considers such mercury to be a commodity, not 
waste, and, therefore, part of the U.S. mercury supply.
    EPA partially agrees with the comment that any mercury available 
for sale or otherwise available for commercial use including 
incidentally produced mercury should be captured in the inventory. 
Mercury produced as a byproduct and sold or otherwise made available 
for commercial use, for example by mines, must be reported (unless 
managed as waste), even if it may be considered incidentally produced. 
However, mercury that is present after the production of a commodity 
(e.g., coal ash or cement), but serves no function in the final 
product, is not subject to reporting requirements set forth by this 
rule.
    EPA agrees with the same commenter that if mercury-containing 
materials or waste are imported into the United States and the mercury 
is then recovered from such materials/waste, then this mercury must be 
reported upon recovery unless the mercury is immediately managed as 
waste under RCRA. An importer of such material or waste would only 
report the mercury if it is the same entity that recovers the mercury.
     Otherwise Intentionally Use Mercury in a Manufacturing 
Process. Commenters suggested that defining ``otherwise intentionally 
use mercury in a manufacturing process'' in the regulatory text would 
clarify reporting requirements (Ref. 13) and requested that EPA limit 
``manufacturing process'' to the actual chemistry performed during such 
a process (Ref. 14).
    In general, the Agency agrees with these comments. Notwithstanding 
differences in the statutory text (i.e., ``add'' and ``uses'' in the 
context of how the mercury is used in a manufacturing process (see 15 
U.S.C. 2607(b)(10)(C)(i) and (D)(i)), EPA believes that Congress meant 
to emphasize instances where persons intentionally introduce mercury 
into U.S. supply, use, and trade. As such, EPA agrees with commenters 
that, in the context of intentional use of mercury in a manufacturing 
process, it is the intentional use of elemental mercury or a mercury 
compound for a specific purpose (e.g., a catalyst, cathode, reactant, 
reagent, etc.) that triggers reporting requirements. The Agency also 
appreciates the suggestion of how it might qualify persons and 
activities subject to reporting requirements by adding ``intentional'' 
in applicable regulatory text. However, to the extent that terms in the 
regulatory text are drawn from 15 U.S.C. 2602 and 2607(b)(10), the 
Agency prefers to align with the statutory terms as much as possible. 
EPA further clarified interpretations of these terms in this rule. 
Forthcoming support and outreach materials, which will be available on 
the EPA website six months prior to the reporting deadline, also will 
attempt to illustrate such terms and issues.
     Impurities Present in a Final Product. The Agency received 
comments regarding inconsistencies related to if and how impurities 
would be reported by persons who intentionally use mercury in a 
manufacturing process. The commenters argue that EPA's proposal to not 
require reporting of impurities for manufactured mercury and mercury-
added products is inconsistent with the requirement to report 
impurities in end products that result from the intentional use of 
mercury in a manufacturing process (Ref. 8; Ref. 15). The commenters 
opined that reporting mercury present as an impurity (i.e., reporting 
unintentional presence) would be overly burdensome, unreasonable, and 
would not add any real value to the mercury inventory (Ref. 8; Ref. 
15).
    In the proposed rule, the Agency described impurities in regard to 
whether ``such chemical substances are intentionally generated and 
whether such substances are used for commercial purposes.'' In order to 
clarify, EPA finds the definition of ``impurity'' at 40 CFR 704.3 to be 
instructive: ``chemical substance which is unintentionally present with 
another chemical substance.'' Thus, after reconsideration, the Agency 
determined that to require reporting of amounts of mercury 
unintentionally present in a final product would contradict the logic 
set forth by the Agency regarding the intentional addition of mercury 
where mercury remains present in the final product for a particular 
purpose (Ref. 3). EPA believes the quantity of mercury used in the 
manufacturing process, how the mercury is used and for what purpose, to 
which NAICS code a final product is distributed, and to which 
country(ies) the final product is exported provide adequate information 
about manufacturing processes that involve the intentional use of 
mercury to support the supply, use, and trade national inventory. Thus, 
the unintentional quantity of mercury in final products that result 
from such processes is not required. Should the Agency need additional 
information regarding any mercury present as an impurity, it may seek 
such information from the reporter, as necessary. Therefore, the Agency 
is not requiring the reporting of impurities for the mercury inventory 
and revised the regulatory text accordingly.
     Commercial Purposes. The Agency received a comment that 
requested clarity on the use of ``commercial purpose,'' particularly 
within the context of the proposed rule preamble, which discussed 
certain byproducts and impurities the Agency proposed excluding from 
reporting (Ref. 11). Another commenter suggested that EPA's intentions 
would be clearer if it specified that to be reportable, the activities 
(e.g., manufacture, import, otherwise intentionally use mercury in a 
manufacturing process) must be for commercial purposes (Ref. 10).
    In the proposed rule, the Agency discussed its attempt to build on 
existing regulatory text applicable to TSCA section 8 reporting (Ref. 
3). TSCA section 8(f) states ``[f]or purposes of [TSCA section 8], the 
terms `manufacture' and `process' mean manufacture or process for 
commercial purposes.'' Thus, EPA reads ``for commercial purposes'' to 
apply to the TSCA section 8(b)(10)(D)(i) terms ``manufactures'' 
(including imports) and ``otherwise intentionally uses mercury in a 
manufacturing process'' (i.e., comparable to ``process'' as defined at 
TSCA section 3(13)).
    As used in 40 CFR 704.3, the terms defined with ``for commercial 
purposes'' incorporate ``. . . with the purpose of obtaining an 
immediate or eventual commercial advantage . . .'' for certain persons 
(e.g., manufacturers, importers, and processors). In the proposed rule, 
the Agency described its rationale for instances where mercury would 
not be reported by focusing on ``whether such chemical substances are 
intentionally generated and whether [byproducts and impurities] are 
used for commercial purposes'' (Ref. 3). In the proposed regulatory 
text, however, EPA used a structure that used both sets of terms in

[[Page 30061]]

the same sentence (e.g., ``purpose of obtaining . . . commercial 
advantage'' (must be reported) and ``not used for commercial purposes'' 
(not to be reported)). Based on comments received, the Agency amended 
the regulatory text to clarify this concept.
    The Agency determined that the terms ``with the purpose of 
obtaining an immediate or eventual commercial advantage'' are more 
consistent with the statutory mandate at 15 U.S.C. 2607(b)(10)(C)(i) to 
``identify any manufacturing processes or products that intentionally 
add mercury'' (emphasis added). EPA believes such terms (e.g., ``with 
the purpose of obtaining'') more accurately align with the Agency's 
emphasis on the intent of persons required to report as opposed to 
``for commercial purposes.'' In addition, the Agency interprets 
``commercial advantage'' to extend to benefits beyond profits, such as 
not incurring additional operational costs by continuing to use mercury 
rather than use non-mercury substances or technologies. Thus, to be 
required to report to the mercury inventory, persons must intentionally 
engage in activities that introduce mercury into supply, use, and trade 
in the United States with the purpose of obtaining an immediate or 
eventual commercial advantage. This interpretation and revised 
descriptions of supply, use and trade activities are discussed further 
in Unit III.B.5.
    In the regulatory text of the final rule, therefore, the Agency 
omitted the use of ``commercial purposes'' and clarified how ``with the 
purpose of obtaining an immediate or eventual commercial advantage'' 
applies to activities for which reporting is required, as well as 
persons who must report.
     Mercury-added Products and Components. A commenter 
recommended that the Agency adopt the definition of the term ``mercury-
added product'' as set forth in the Minamata Convention (Ref. 16), 
while another commenter requested that EPA clarify the distinction 
related to a ``product that contains a component that is a mercury-
added product'' (Ref. 17). Other commenters requested clarifications, 
such as: Whether certain uses of mercury qualified as a component that 
is a mercury-added product (Ref. 9; Ref. 13; Ref. 17); how reporting 
requirements would apply to manufacturers who first incorporate mercury 
into a product versus subsequent manufacturers of products that contain 
the original mercury-added product (e.g., the manufacture or import of 
Thimerosal (a mercury-containing preservative) and the manufacture or 
import of a vaccine containing Thimerosal) (Ref. 13); distinguishing 
between mercury-containing products involving chemical synthesis, alloy 
generating, blending and mixing operations versus articles with 
mercury-containing components (Ref. 9); and whether the proposed 
exemption for imported products that contain a component that is a 
mercury-added product would apply to exported products (Ref. 18).
    In the proposed rule, EPA did not define ``mercury-added product,'' 
but provided examples of intentional addition of mercury to a product 
by persons who manufacture a mercury-added product: ``inserting mercury 
into a switch or battery, or mixing a mercury compound with other 
substances to formulate a topical antiseptic'' (Ref. 3). In addition to 
the definition of ``mercury-added product'' in Article 2 of the 
Minamata Convention (i.e., ``a product or product component that 
contains mercury or a mercury compound that was intentionally added''), 
EPA also considered IMERC's definition, which is ``any formulated or 
fabricated product that contains mercury, a mercury compound, or a 
component containing mercury, when the mercury is intentionally added 
to the product (or component) for any reason.'' The Agency sees merit 
in both definitions, but believes the definition in the Minamata 
Convention is more consistent with EPA's interpretation of the 
instruction at 15 U.S.C. 2607(b)(10)(C)(i) to ``identify any 
manufacturing processes or products that intentionally add mercury.'' 
The Agency is of the view that the manufacture (other than import) of a 
mercury-added product is the ``intentional addition of mercury where 
mercury remains present in the final product for a particular purpose'' 
(Ref. 3). In other words, the intentional addition of mercury is the 
essential act by a manufacturer (other than importer) who makes a 
mercury-added product and, thus, triggers applicable reporting 
requirements.
    In regard to a ``component,'' EPA views this term as being similar 
to the definition of ``article'' in 40 CFR 704.3. The Agency views the 
inclusion of a mercury-added product that is a component within an 
assembled product differently from the act of intentionally inserting 
mercury (i.e., chemical substance) into the component itself. As a 
result, the Agency is not requiring information to be reported on the 
manufacture (including import) of assembled products that include a 
component that is a mercury-added product. The Agency's rationale for 
reporting requirements applicable to products that contain a component 
that is a mercury-added product is provided in Unit III.D.1.b.
    The example of the manufacture and use of Thimerosal illustrates 
when something is or is not a component. EPA agrees that only the 
domestic manufacturer who intentionally adds mercury to a product, or 
an importer who imports a product where mercury (e.g., chemical 
substance) was inserted into the product, would report under this rule; 
subsequent manufacturers (including importers) of products that contain 
the original mercury-added product as a component would not report 
under this rule. Thimerosal is a mercury compound (e.g., listed under 
CASRN 54-64-8 on EPA's TSCA Chemical Substance Inventory list), and is 
subject to reporting as a mercury compound or, if intentionally 
combined with other substances, is subject to reporting as a mercury-
added product because the mercury compound is being intentionally added 
to the product. Therefore, Thimerosal is not a component.
     Persons. One commenter requested that the Agency specify 
the basis for defining what ``person'' means in the context of who may 
be subject to reporting (Ref. 19). EPA finds the definition at 40 CFR 
704.3 to be instructive, in which a ``person'' includes ``any 
individual, firm, company, corporation, joint venture, partnership, 
sole proprietorship, association, or any other business entity; any 
State or political subdivision thereof; any municipality; any 
interstate body; and any department, agency, or instrumentality of the 
Federal Government.''
    3. Requests for Exemptions or Exclusions from Reporting. The Agency 
also received specific requests for exemptions from reporting to the 
mercury inventory, including: Specific industry sectors (Ref. 16; Ref. 
20; Ref. 21); specific activities (Ref. 22); use of tools and equipment 
(Ref. 14); distribution of products originating from others (Ref. 9); 
replacement parts (Ref. 16; Ref. 17); recycled waste (Ref. 17); and 
products excluded from the Minamata Convention on Mercury (Ref. 9). 
Given the level of specificity of such requests and explanation of 
Agency determinations, these discussions are set forth in the Response 
to Comments document for this rule (Ref. 5).
    4. Exports of Certain Mercury Compounds. In regard to certain 
exports of mercury, the Agency notes that the export of elemental 
mercury has been prohibited since January 1, 2013 (15 U.S.C. 
2611(c)(1)) and therefore the Agency is not requiring reporting on the 
export of elemental mercury from the

[[Page 30062]]

United States. TSCA, as of January 1, 2020, will also prohibit the 
export of certain mercury compounds: Mercury (I) chloride or calomel; 
mercury (II) oxide; mercury (II) sulfate; mercury (II) nitrate; and 
cinnabar or mercury sulphide (the statute uses the term ``mercury 
sulphide'' which is an alternative spelling of ``mercury sulfide'' as 
found in Table 2) (15 U.S.C. 2611(c)(7)).
    In the proposed rule, the Agency noted that the inventory would 
benefit from the recent totals of at least one cycle of reporting prior 
to the effective date of the prohibition for exporting mercury 
compounds subject to TSCA section 12(c)(7) to measure trends in supply, 
use, and trade and provide a baseline for comparison of the changes in 
the amounts of other mercury compounds exported after the 2020 
effective date (Ref. 3). The Agency received comments supporting the 
collection of such data: (1) To fulfill the express Congressional 
mandate to provide data on trade; (2) to determine the precise impact 
of the mercury compound export ban and associated trends, which would 
allow EPA to recommend whether the export ban should be further 
expanded to other compounds; and (3) to uphold obligations of the 
United States under the Minamata Convention (Ref. 11; Ref. 12). Thus, 
the Agency requires one-time reporting for those five compounds. 
Conversely, reporting for exports of mercury compounds that are not 
prohibited from export by TSCA section 12(c)(7) is required for every 
collection period. EPA previously determined that mercury-added 
products (including those containing elemental mercury or mercury 
compounds prohibited from export) generally are not prohibited from 
export and, therefore, are subject to the reporting requirements set 
forth in this rule.
    5. Revised Descriptions of Supply, Use and Trade Activities. Based 
on comments received and the discussion presented elsewhere in Unit 
III.D., EPA modified the specific descriptions of supply, use, and 
trade activities to more accurately reflect the language of TSCA 
section 8(f) and the Agency's interpretation of the statutory mandate 
at TSCA section 8(b)(10)(C)(i). Thus, the Agency is requiring reporting 
of the following activities when intentionally undertaken to introduce 
mercury into supply, use, and trade in the United States with the 
purpose of obtaining an immediate or eventual commercial advantage:
     Import of mercury;
     Manufacture (other than import) of mercury;
     Import of a mercury-added product;
     Manufacture (other than import) of a mercury-added 
product; or
     Intentional use of mercury in a manufacturing process.
    In addition, the following activities are part of supply, use, and 
trade of mercury:
     Distribution in commerce, including domestic sale or 
transfer, of mercury;
     Distribution in commerce, including domestic sale or 
transfer, of mercury-added products or products that result from the 
intentional use of mercury in a manufacturing process;
     Storage of mercury;
     Export of a mercury compound (unless specifically 
prohibited); or
     Export of mercury-added products or products that result 
from the intentional use of mercury in a manufacturing process.
    As described in greater detail in Unit III.D., persons must first 
engage in the manufacture (including import) of mercury or mercury-
added products or otherwise intentionally use mercury in a 
manufacturing process to be required to report to the mercury 
inventory.

C. Coordination With Existing Reporting Programs

    TSCA section 8(b)(10)(D)(ii) directs the Agency to ``coordinate the 
reporting . . . with the Interstate Mercury Education and Reduction 
Clearinghouse'' to avoid duplication. Furthermore, TSCA section 
8(a)(5)(a) states ``[i]n carrying out [TSCA section 8], the 
Administrator shall, to the extent feasible . . . not require reporting 
which is unnecessary or duplicative.'' The Agency seeks to avoid 
collecting data on mercury that would duplicate information already 
reported to existing state and federal programs, and to coordinate with 
and complement those reporting programs as much as possible. While 
developing this rule (Ref. 3), EPA reviewed four data collection 
systems applicable to supply, use, and trade of mercury (including 
mercury-added products and mercury used in manufacturing processes):
     The IMERC Mercury-added Products Database, an online 
reporting database managed by the Northeast Waste Management Officials' 
Association (NEWMOA), which provides publicly available, national data 
on mercury used in products;
     The TSCA section 8(a) Chemical Data Reporting rule, which 
collects manufacturing, processing, and use information on certain 
chemical substances manufactured (including imported) in the United 
States;
     The Toxics Release Inventory (TRI) program, which collects 
data on toxic chemical releases to air, water and land from industrial 
facilities and pollution prevention activities in the United States; 
and
     The U.S. International Trade Commission Interactive Trade 
DataWeb (USITC DataWeb), which provides U.S. international trade 
statistics and U.S. tariff data to the public.
    After reviewing these reporting programs, EPA designed the 
reporting requirements in this rule to be least burdensome for 
reporters already familiar with IMERC, CDR, TRI, and USITC DataWeb 
protocols (Ref. 3). Therefore, the Agency is incorporating comparable 
reporting concepts and tools from each program, as well as not 
requiring reporting in certain instances to increase the efficacy while 
decreasing the burden to the greatest extent practicable for reporting 
to a national mercury inventory.
    1. Reporting Requirements for Existing CDR and IMERC Reporters. The 
Agency received several comments related to persons who submit mercury-
related information to the Chemical Data Reporting database or the 
IMERC Mercury-added Products Database. In regard to reporting 
requirements applicable to both CDR and IMERC reporters, two commenters 
identified discrepancies (e.g., non-alignment of reporting year/
frequency and efforts to prohibit duplicative reporting) in the 
Agency's bifurcated reporting requirements for persons currently 
required to report to the IMERC Mercury-Added Products Database and 
under the CDR rule, and those who are not (Ref. 11; Ref. 12). Another 
commenter expressed concerns regarding the non-alignment of EPA and 
IMERC reporting years (Ref. 23). Some commenters argued that reporting 
such information to multiple systems would not be economically 
burdensome because the costs are relatively small and would not be 
duplicative because the reporting to different systems would occur in 
different years (Ref. 11; Ref. 12). Of particular concern to one 
commenter was a possible negative impact on the accuracy of the mercury 
inventory and the EPA's ability to make recommendations to reduce the 
use of mercury (Ref. 11). Conversely, two commenters supported the 
proposed approach to not require reporting from persons reporting 
comparable information to IMERC, although one commenter also supported 
alignment of the reporting years and requested that EPA codify a full 
exemption for manufacturers, including importers, that already report 
to IMERC (Ref. 17; Ref. 24). Finally, the Agency received comments 
recommending that EPA

[[Page 30063]]

adopt IMERC's submission deadline for reporting (April 1, 2020 and 
every three years thereafter) (Ref. 9; Ref. 18; Ref. 23; Ref. 24). Such 
issues are discussed in greater detail in the Response to Comments 
document for this rule (Ref. 5).
    As discussed in the proposed rule, EPA cited TSCA section 
8(a)(5)(A) as a basis for avoiding the collection of data that 
duplicated information already reported to the four data collection 
systems applicable to the supply, use, and trade of mercury: IMERC, 
CDR, TRI, and USITC DataWeb (Ref. 3). The Agency considered multiple, 
existing reporting systems that gather comparable data related to 
mercury pursuant to statutory text (15 U.S.C. 2607(a)(5)(A)). EPA also 
considered provisions of TSCA section 8(a)(5) that direct the Agency to 
``minimize the cost of compliance with this section and the rules 
issued thereunder on small manufacturers and processors; and . . . 
apply any reporting obligations to those persons likely to have 
information relevant to the effective implementation of this 
subchapter'' (15 U.S.C. 2607(a)(5)(B) and (C)). In regard to comments 
arguing that requiring reporting for comparable data in two different 
systems is not duplicative if the reporting occurs in different years, 
the Agency maintains that this is a duplication of effort and EPA does 
not agree with the commenters' argument that the addition or avoidance 
of burden is not significant if it is relatively small. The language at 
TSCA section 8(a)(5) directs the Agency avoid duplicative reporting and 
reduce burden ``to the extent feasible.'' Because EPA is able to obtain 
comparable data via EPA's CDR program or in coordination with IMERC, 
the Agency finds not requiring the reporting of overlapping reporting 
to the mercury inventory to be a feasible approach. To the extent that 
data elements may not align per differences in reporting years and 
frequency, the Agency does not view such discrepancies to be 
prohibitive of its ability to carry out statutory obligations at TSCA 
sections 8(b)(10)(B) and (C).
    Based on comments received, the Agency is clarifying that a person 
who currently reports to CDR or IMERC is not categorically exempt from 
the mercury inventory reporting requirements set forth in this rule. 
Instead, the bifurcated reporting structure is designed to omit only 
those quantitative data elements already collected by CDR and IMERC to 
avoid duplication in the collection, calculation, verification, review, 
certification, reporting, and maintenance of records pursuant to TSCA 
section 8(a)(5). The Agency's goal is to create a ``comprehensive 
inventory such that existing data gaps would be eliminated, where 
feasible [and] . . . complement amounts of quantitative mercury data 
already collected by, but without overlapping with, reporting 
requirements,'' as well as ``decrease the burden of reporting to the 
greatest extent practicable'' (Ref. 3). These goals are guided by 
statutory mandates not only in TSCA section 8(b)(10), but also in TSCA 
section 8(a)(5). Thus, while recognizing that there is a non-alignment 
of CDR and IMERC reporting years, the Agency believes supplementing 
data reported through this rule with data from CDR and IMERC creates a 
totality of available data that will provide an adequate basis to 
observe long-term trends in mercury supply, use, and trade. As such, 
the Agency determined that requiring reporting for comparable data to 
two systems would be duplicative even if the CDR and IMERC data 
represent information from different years. Therefore, requiring 
duplicative data to be reported from reporters who also report to CDR 
and IMERC would result in additional burden and is unnecessary.
    Finally, EPA understands the interest in aligning with IMERC's 
submission deadline. However, the statutorily mandated publication date 
for the mercury inventory was April 1, 2017 and every three years 
thereafter, which falls on IMERC's data submission date. EPA has a 
legal responsibility to publish on or before the date set forth in TSCA 
section 8(b)(10)(B), which means that EPA must publish the inventory on 
or before the day IMERC reporters must submit data to IMERC. While 
mindful of incongruities in reporting frequency and years, EPA believes 
that the reporting schedule and achieve this goal to the greatest 
extent practicable. As a result, the reporting requirements, including 
efforts to incorporate data collected by CDR and IMERC while avoiding 
overlap among CDR and IMERC data elements, will enhance its ability to 
collect and publish robust data on mercury supply, use, and trade in 
the United States (15 U.S.C. 2607(b)(10)(B)) and to ``identify any 
manufacturing processes or products that intentionally add mercury; and 
. . . recommend actions, including proposed revisions of Federal law or 
regulations, to achieve further reductions in mercury use'' (15 U.S.C. 
2607(b)(10)(C)).
    2. Reporting Requirements for Products Regulated by Other Federal 
Agencies. One commenter requested that EPA not require reporting for 
uses of mercury regulated by other federal agencies (e.g., 
pharmaceuticals) (Ref. 13). The commenter cited drugs, as regulated by 
FDA, and animal vaccines, as regulated by the U.S. Department of 
Agriculture (USDA), and noted that FDA and USDA regulations already 
require reporting information regarding the use of mercury in these 
products and, therefore, should not be collected by EPA.
    The Agency disagrees. While these agencies may regulate mercury, 
they do not collect the data necessary to support the national 
inventory required by TSCA section 8(b)(10). As such, EPA does not view 
the reporting requirements to be duplicative of the requirements 
highlighted by the commenter and, therefore, is not exempting reporting 
of such uses of mercury.

D. Persons and Information Subject to This Rulemaking

    TSCA section 8(b)(10)(D)(i) states ``any person who manufactures 
mercury or mercury-added products or otherwise intentionally uses 
mercury in a manufacturing process shall make periodic reports to the 
Administrator.'' As explained in Unit III.B., EPA interprets the 
statutory text at TSCA sections 8(b)(10)(B), 8(b)(10)(D)(i), and 
8(b)(10)(D)(iii) as applying to intentional acts that introduce mercury 
into supply, use, and trade in the United States. EPA reads TSCA 
section 8(b)(10)(D)(i) to narrow potential reporters to persons who 
first manufacture mercury or mercury-added products or otherwise 
intentionally use mercury in a manufacturing process prior to other 
activities such as storage, distribution, and export. Descriptions of 
persons who must report under this rule and tables illustrating 
applicable reporting requirements are detailed in Unit III.D.1.
    1. Persons Who Must Report. In addition to persons described in the 
following subsections and tables, EPA will provide examples of persons 
who will and will not be required to report under this regulation in 
reporting instructions and other support materials.
    a. Persons Who Manufacture (Including Import) Mercury. As described 
in Unit III.C., the Agency sought to decrease the burden of reporting 
to the greatest extent practicable by, among other things, 
complementing without overlapping existing reporting requirements 
related to mercury and mercury-added products. As such, persons who 
manufacture (including import) in excess of 2,500 lbs. for elemental 
mercury or in excess of 25,000 lbs. for mercury compounds for a 
specific

[[Page 30064]]

reporting year are not required to report amounts manufactured 
(including imported) or exported that are already reported per the CDR 
rule. Such persons, however, are required to provide quantitative data 
on storage and distribution in commerce, as well as qualitative and 
contextual information related to all applicable data elements under 
the proposed rule (see Table 3. Information to Report--Mercury). In 
further efforts to decrease reporting burdens, the Agency will provide 
pre-selected lists of mercury compounds to streamline reporting 
requirements as much as possible.

                 Table 3--Information to Report--Mercury
------------------------------------------------------------------------
                                               Applicable reporting
        Persons who must report                    requirements
------------------------------------------------------------------------
Persons who manufacture (including       --Country(ies) of origin for
 import) mercury in amounts greater       imported mercury.
 than or equal to 2,500 lbs. for         --Country(ies) of destination
 elemental mercury or greater than or     for exported mercury.
 equal to 25,000 lbs. for mercury        --Amount of mercury stored
 compounds for a specific reporting       (lbs.).
 year (i.e., current CDR reporters).     --Amount of mercury distributed
                                          in commerce (lbs.).
                                         --NAICS code(s) for mercury
                                          distributed in commerce.
All other persons who manufacture        --Amount of mercury
 (including import) mercury.              manufactured (lbs.).
                                         --Amount of mercury imported
                                          (lbs.).
                                         --Country(ies) of origin for
                                          imported mercury.
                                         --Amount of mercury exported
                                          (lbs.), except mercury
                                          prohibited from export at 15
                                          U.S.C. 2611(c)(1) and (7).
                                         --Country(ies) of destination
                                          for exported mercury.
                                         --Amount of mercury stored
                                          (lbs.).
                                         --Amount of mercury distributed
                                          in commerce (lbs.).
                                         --NAICS code(s) for mercury
                                          distributed in commerce.
                                         --As applicable, specific
                                          mercury compound(s) from
                                          preselected list.
------------------------------------------------------------------------

    b. Persons Who Manufacture or Import Mercury-added Products. EPA 
proposed to require reporting for the manufacture (including import) of 
mercury-added products, except for: (1) Import of an assembled product 
that contains mercury solely within a component that is a mercury-added 
product; and (2) domestic manufacture of an assembled product unless 
the person first manufactures or imports the mercury-added product that 
can be used as a component. The Agency determined that this distinction 
was appropriate after reviewing the data reported to the IMERC Mercury-
Added Products Database and comparing the companies that reported 
national sales data for individual mercury-added products (including 
components), as well as items that contain a component that is a 
mercury-added product (Ref. 25). For example, the IMERC database lists 
a product name (e.g., flat panel display, projection TV, make and model 
of vehicle) and component (e.g., lamp, bulb). In the proposed rule, the 
Agency cited concerns that requiring reporting for assembled products 
where mercury is present solely within a previously manufactured 
component would result in double counting and thereby could negatively 
affect the reliability of future mercury inventory updates, as well as 
the potential to create undue burden for certain importers (Ref. 3). 
The Agency based this determination on its emphasis on the intentional 
insertion of mercury into a product as the introduction of mercury via 
a mercury-added product into supply, use, and trade in the United 
States. For imported assembled products that contain a component that 
is a mercury-added product, the Agency also considered the degree to 
which certain importers would know the mercury content, if any, of the 
assembled products they import, as well as the additional breadth, and 
therefore burden, that including such imports at this time would 
entail. The Agency notes that its specific reporting requirements (see 
Unit III.D.4.b.) include mercury-added products that are likely to be 
used as components in assembled products. As discussed in this section, 
EPA's combined general, specific, and contextual reporting requirements 
are designed not only to provide information that are expected to 
identify mercury-added products that are components within assembled 
products, but also to avoid unnecessary, duplicative, and burdensome 
reporting as much as feasible (15 U.S.C. 2607(a)(5)).
    The Agency received comments related to instances where mercury is 
present in a product as a component that is a mercury-added product. 
Some commenters requested that the Agency require reporting for the 
manufacture (including import) of such products (Ref. 11; Ref. 12; Ref. 
20; Ref. 23), while other commenters supported the proposed approach to 
not require such reporting (e.g., advanced manufacturing equipment that 
contains components that are mercury-added products and supply chains 
where the mercury-added product may be incorporated into several 
iterations of other components before being used in a final assembled 
product) (Ref. 9; Ref. 13; Ref. 17; Ref. 18; Ref. 26). Commenters 
requesting that the Agency require reporting for products that contain 
a component that is a mercury-added product believe that the proposed 
approach would underestimate mercury use in products and hamper EPA's 
ability to fill data gaps and make further recommendations for mercury 
reductions. The commenters also argued that not requiring reporting for 
products that contain mercury-added components is neither authorized by 
nor consistent with the purpose of the statute and is inconsistent with 
IMERC and Minamata Convention definitions of ``mercury-added product.'' 
Such issues are discussed in greater detail in the Response to Comments 
document for this rule (Ref. 5).
    The statutory text describes who must report to the mercury 
inventory: ``any person who manufactures mercury or mercury-added 
products or otherwise intentionally uses mercury in a manufacturing 
process . . . at such time and including such information as the 
Administrator shall determine by rule'' (15 U.S.C. 2607(b)(10)(D)(i)). 
In addition to the development of the inventory itself (15 U.S.C. 
2607(b)(10)(B)), the Agency interprets the ultimate purpose of the 
inventory as identifying manufacturing processes or products that 
intentionally add mercury and recommending actions to achieve further 
reductions in mercury use (15 U.S.C. 2607(b)(10)(C)). When developing 
this rule, the Agency considered statutory requirements applicable to 
all of TSCA section 8:

[[Page 30065]]

Prohibition of ``unnecessary or duplicative'' reporting (15 U.S.C. 
2607(a)(5)(A)) and minimization of the cost of compliance for small 
manufacturers and processors (15 U.S.C. 2607(a)(5)(B)). Thus, EPA will 
carry out an inventory and require reporting consistent with the 
statute that avoids duplication of information already reported to 
existing state and federal programs and avoids unnecessary reporting 
burdens.
    TSCA section 8(b)(10)(C)(i) mandates that in carrying out the 
inventory, EPA must ``identify any manufacturing processes or products 
that intentionally add mercury.'' Some commenters suggested that the 
statute requires EPA to collect information on all products that 
contain mercury, including those that contain mercury only because they 
include a mercury-added product as a component. EPA interprets the 
statutory text to only require the identification of the types of 
products where mercury is intentionally added such that EPA would be 
able to make recommendations for reducing such use. Based on its review 
of the information available in the IMERC database (Ref. 25), EPA 
believes that it will be able to identify the various types of mercury-
added products where mercury is intentionally added (e.g., mercury-
added lamps) without requiring the reporting on the manufacture of more 
complex products where mercury is contained within a component (e.g., 
vehicle containing mercury-added lamp in headlight).
    In identifying products where mercury is intentionally added, the 
Agency interprets the statute as giving it discretion over what 
information it may require to be reported, including from certain 
manufacturers and types of products. TSCA section 8(b)(10)(D)(i) 
requires periodic reports to assist in the preparation of the inventory 
``at such time and including such information as the Administrator 
shall determine by rule.'' EPA has determined that fulfilling the 
mandate to identify products that intentionally add mercury and make 
recommendations to achieve reduction in mercury use does not require 
reporting for assembled products, as EPA is not convinced that all 
products that contain a component that is a mercury-added product 
should be viewed as ``products that intentionally add mercury.'' For 
example, a domestic automobile manufacturer may not know that a 
component of the car contains mercury and arguably, therefore, has not 
intentionally added mercury to the car for the purposes of TSCA section 
8(b)(10)(C)(i). Similarly, an automobile importer may not know that a 
component of the car contains mercury. Since the import is the 
manufacture for purposes of TSCA, the product arguably is not a product 
to which mercury has intentionally been added per TSCA section 
8(b)(1)(C)(i) for this reason as well.
    The addition of a mercury-added product as a component to a more 
complex, assembled product does not change the nature or the quantity 
of mercury within the component, and, for a product assembled 
domestically, would result in the double counting of that specific 
quantity of mercury since EPA would receive reports both on the 
manufacture of the component and the manufacture of the assembled 
product. Even without receiving reports from manufacturers of assembled 
products, EPA can glean information about types of mercury-added 
products from the reports by manufacturers/importers of mercury-added 
products, which can be used as components. The information reported on 
NAICS codes by a person who manufactures (or imports) mercury-added 
products that can be used as components (e.g., mercury-added lamp), can 
be used to help the Agency identify the types of domestically 
manufactured assembled products (e.g., light truck and utility vehicle 
manufacturing (NAICS code 336112)) likely to contain components that 
are mercury-added products. Thus, the full set of reporting 
requirements work together to account for and describe mercury supply, 
use, and trade in the United States, while avoiding unnecessary or 
duplicative reporting.
    With respect to imports, based on the Agency's review of the 
information available in the IMERC database (Ref. 25) and its rationale 
set forth in the preceding paragraph, EPA believes that the reporting 
requirements similarly will enable it to identify the types of mercury-
added products imported into the United States (i.e., both mercury-
added products that can be used as components and those assembled 
products that contain a mercury-added component). Reporting is required 
for the import of mercury-added products that can be used as components 
in assembled products. This will give EPA a clearer understanding of 
the types of components that exist along with information on the 
quantity of mercury in those components. While reporting is not 
required on the import of assembled products that contain mercury-added 
components, the reporting requirements and data collected from 
manufacturers/importers of mercury products that can be used as 
components are expected to help alleviate the uncertainties associated 
with the types of imported assembled products that may contain such 
components. For example, the Agency can use NAICS codes reported for 
domestically-manufactured assembled products to better understand the 
specific types of imported assembled products that may contain mercury 
within a component part. In this context, the reporting requirements 
can enhance the understanding of mercury supply, use, and trade in the 
United States while helping to minimize the cost of compliance for 
importers of assembled products.
    The baseline direction from Congress was to identify products that 
intentionally add mercury. EPA concludes this is best done, at this 
stage, by requiring reporting only from the manufacturers who initially 
insert mercury into products and importers of mercury-added products 
that may be used as components in assembled products, but not assembled 
products themselves. EPA is not requiring a reporter who manufactures 
(including imports) mercury components to identify whether or how the 
mercury-added product is used as a component; instead, EPA intends to 
use NAICS codes to identify such uses. By design, the general reporting 
requirements first identify the total quantity of mercury in products 
manufactured (other than imported), distributed in commerce, or 
exported for a reporting year (i.e., prioritize reporting on the 
amounts of mercury in supply, use, and trade activities (see Unit 
III.B.5.)). Thereafter, specific and contextual reporting requirements 
(e.g., the category/sub-category of mercury-added products and NAICS 
code(s) for manufacturing categories, and countries of origin and 
destination for imports and exports) further illustrate how reported 
quantities of mercury move through supply, use, and trade. EPA believes 
this is appropriate because it can collect quantitative data from 
persons who report for domestic manufacture and import of mercury-added 
products that can be used as components, and use contextual (i.e., 
qualitative) reporting to better understand how those components are 
incorporated into assembled products. The Agency could, as appropriate, 
use such domestic quantitative data in concert with other available 
data on imported assembled products in a specific product category to 
draw comparisons and, should they be relevant, focus recommendations 
for reducing mercury for both domestic and foreign assembled products. 
Even if this approach is not able to directly account for amounts of 
mercury within the

[[Page 30066]]

mercury-added products that are components of assembled products, the 
Agency determined that its ability to identify categories--and 
potentially more specific types--of assembled products will allow it to 
satisfy mandates at TSCA sections 8(b)(10)(B) and (C). While a reporter 
would not be required to identify whether or how the mercury-added 
product is used as a component, the reporting requirements should 
provide ample information to shed light on the use of the mercury, to 
satisfy the mandate to identify products that intentionally add 
mercury, including components being manufactured domestically and 
imported, and allow EPA to ``recommend actions [. . .] to achieve 
further reductions in mercury use'' including recommendations related 
to products containing mercury components (15 U.S.C. 
2607(b)(10)(C)(ii)).
    EPA is mindful that the global implementation of the Minamata 
Convention should result in a decrease in the manufacture, import, and 
export of many mercury-added products that are commonly used as 
components in products, discourage the use of such products as 
components, and generally increase the knowledge of manufacturers, 
importers, exporters, and consumers regarding the types of assembled 
products that contain components that are mercury-added products. EPA 
will evaluate whether this expected downward trend comes to fruition by 
monitoring trends in the importation of mercury components and its 
described approach to better understand the types of domestically-
manufactured and imported assembled products that may contain mercury 
in a component part. As necessary, the Agency will use such data to 
consider modifying reporting requirements or to recommend appropriate 
actions to reduce the use of mercury.
    As described in Unit III.C., persons who report to IMERC identify 
the amount of mercury sold in mercury-added products that may be 
manufactured, distributed, or imported. The Agency considers the amount 
of mercury reported to IMERC as sold to be comparable to the amount of 
mercury to be reported under the rule as distributed in commerce. As 
such, EPA is not requiring persons who report to IMERC to report 
amounts of mercury distributed in commerce in mercury-added products. 
However, those persons must report quantitative and qualitative 
information for other applicable data elements (e.g., manufacture, 
import, and export of mercury-added products). Such persons are also 
required to report contextual information applicable to amounts, if 
any, of mercury in mercury-added products manufactured, imported, 
distributed in commerce, or exported (see Table 4. Information to 
Report--Mercury-Added Products). In further efforts to decrease 
reporting burdens, the Agency will provide pre-selected lists of 
mercury-added product categories to streamline reporting requirements 
as much as possible.

         Table 4--Information to Report--Mercury-Added Products
------------------------------------------------------------------------
                                               Applicable reporting
        Persons who must report                    requirements
------------------------------------------------------------------------
Persons who manufacture (including       --Amount of mercury in
 import) mercury-added products, except   manufactured products (lbs.).
 a product that contains a component     --Amount of mercury in imported
 that is a mercury-added product, who     products (lbs.).
 currently report to IMERC.              --Country(ies) of origin for
                                          imported products.
                                         --Amount of mercury in exported
                                          products (lbs.).
                                         --Country(ies) of destination
                                          for exported products.
                                         --NAICS code(s) for products
                                          distributed in commerce.
                                         --As applicable, specific
                                          product category(ies) and
                                          subcategory(ies) from pre-
                                          selected list.
All other persons who manufacture        --Amount of mercury in
 (including import) mercury-added         manufactured products (lbs.).
 products, except a product that         --Amount of mercury in imported
 contains a component that is a mercury-  products (lbs.).
 added product.                          --Country(ies) of origin for
                                          imported products.
                                         --Amount of mercury in exported
                                          products (lbs.).
                                         --Country(ies) of destination
                                          for exported products.
                                         --Amount of mercury in products
                                          distributed in commerce
                                          (lbs.).
                                         --NAICS code(s) for products
                                          distributed in commerce.
                                         --As applicable, specific
                                          product category(ies) and
                                          subcategory(ies) from pre-
                                          selected list.
------------------------------------------------------------------------

    c. Persons Who Otherwise Intentionally Use Mercury in a 
Manufacturing Process. As described in Unit III.B., TSCA section 
8(b)(10)(D)(i) includes persons who intentionally use mercury in a 
manufacturing process amongst those who must report. The Agency 
believes that persons who otherwise intentionally use mercury in a 
manufacturing process may currently report to existing data collection 
programs in the United States, but because the reporting requirements 
for the mercury inventory differ from those programs, EPA does not view 
the reporting requirements to be duplicative or unnecessary. As such, 
the general, specific, and contextual reporting requirements are 
intended to provide a complete picture of uses for which little 
information is currently available (see Table 5. Information to 
Report--Otherwise Intentional Use of Mercury in a Manufacturing 
Process). As discussed in Unit III.D.1.b., the combination of general, 
specific, and contextual reporting requirements will assist the Agency 
to adequately ``identify any processes . . . that intentionally add 
mercury'' 15 U.S.C. 2607 8(b)(10)(C)(i). In further efforts to decrease 
reporting burdens, the Agency will provide pre-selected lists of 
manufacturing processes and attendant uses of mercury to streamline 
reporting requirements as much as possible.

[[Page 30067]]



 Table 5--Information to Report--Otherwise Intentional Use of Mercury in
                         a Manufacturing Process
------------------------------------------------------------------------
                                               Applicable reporting
        Persons who must report                    requirements
------------------------------------------------------------------------
Persons who otherwise intentionally use  --Amount of mercury
 mercury in a manufacturing process,      intentionally used (lbs.) in
 other than the manufacture of a          pre-selected list of
 mercury compound or a mercury-added      manufacturing processes.
 product.                                --Amount of mercury stored
                                          (lbs.).
                                         --Country(ies) of destination
                                          for exported final product(s).
                                         --NAICS code(s) for mercury in
                                          final product(s) distributed
                                          in commerce.
                                         --As applicable, specific
                                          manufacturing process from
                                          preselected list.
                                         --As applicable, specific use
                                          of mercury in manufacturing
                                          process from pre-selected
                                          list.
------------------------------------------------------------------------

    2. Persons Not Required to Report. The Agency received various 
comments requesting clarification of persons who would not be required 
to report to the mercury inventory.
    i. Persons Who Do Not First Manufacture, Import, or Otherwise 
Intentionally Use Mercury. EPA determined that persons who only trade 
(e.g., brokering, selling wholesale, shipping, warehousing, 
repackaging, or retail sale), but do not manufacture or import mercury 
or mercury-added products, should not be subject to the proposed 
reporting requirements (Ref. 3). Aside from its reading of TSCA section 
8(b)(10)(D)(i), the Agency is concerned that requiring reporting from 
such entities risks: (1) Double counting of mercury as it moves through 
supply chains; and (2) undue burden or liability on entities that are 
not likely to be aware if or how mercury is present in products that 
they trade. Several commenters requested clarifications regarding this 
determination, including modifications to ensure that the exclusion 
will not result in transactions involving mercury that go unreported 
within the context of supply, use, and trade and to prevent duplicative 
reporting by focusing on products traded instead of the persons engaged 
in trade (Ref. 11; Ref. 12). Another commenter suggested that such an 
exemption should not apply to any persons that would be defined as a 
manufacturer, importer, or exporter (Ref. 12).
    EPA interprets the statutory text on who should report at 15 U.S.C. 
2607(b)(10)(D)(i) as applicable to ``intentional acts that introduce 
mercury into supply, use, and trade in the United States.'' EPA 
specified in the proposed rule that this applies to ``persons who first 
manufacture mercury or mercury-added products or otherwise 
intentionally use mercury in a manufacturing process'' (emphasis added) 
(Ref. 3). EPA recognizes that certain transactions (e.g., resale, 
incorporation of a purchased component that is a mercury-added product 
into equipment) may not be captured with this structure. However, the 
Agency believes that focusing on the initial introduction of mercury to 
the market prevents the possibility of double counting or undue burden 
(see 15 U.S.C. 2607(a)(5)(A and B)) which could occur if entities that 
do not first introduce mercury to supply, use, and trade were required 
to report to the inventory. EPA revised the regulatory text in the 
final rule to improve clarity.
    ii. Persons Who Generate, Handle, or Manage Mercury-containing 
Waste. Persons ``engaged in the generation, handling, or management of 
mercury-containing waste, unless that person manufactures or recovers 
mercury in the management of that waste'' are not required to report to 
the mercury inventory (15 U.S.C. 2607(b)(10)(D)(iii)). EPA interprets 
the statute here to mean for immediate or eventual commercial purposes 
(see also ``Mercury Handled as Waste, Including Elemental Mercury 
Destined for Long-Term Storage'' in Unit III.B.2). EPA will provide 
examples of such persons in reporting instructions and other support 
materials.
    iii. Persons Who Manufacture Mercury as an Impurity. Persons who 
manufacture (including import) mercury as an impurity are not required 
to report to the mercury inventory (see also ``Impurities Present in a 
Final Product'' in Unit III.B.2.). EPA will provide examples of such 
persons in reporting instructions and other support materials.
    iv. Persons Engaged in Activities Involving Mercury Not with the 
Purpose of Obtaining an Immediate or Eventual Commercial Advantage. 
Persons who do not manufacture (including import) mercury or mercury-
added products or otherwise intentionally use mercury in a 
manufacturing process with the purpose of obtaining an immediate or 
eventual commercial advantage are not required to report to the mercury 
inventory (see also ``Commercial Purposes'' in Unit III.B.2.). In 
addition, EPA will provide examples of such persons in reporting 
instructions and other support materials.
    v. Manufacture or Import of a Product that Contains a Component 
that is a Mercury-added Product. EPA maintains that requiring reporting 
on the use of a mercury-added product as a component in the manufacture 
(other than import) of another product for a person who did not first 
manufacture (other than import) the mercury-added product would 
constitute double counting. The Agency's rationale is explained in 
detail in Unit III.D.1.b. To the extent that the Agency is not 
requiring persons who import products that contain a component that is 
a mercury-added product to report, the reporting requirements do not 
prevent the identification of such products. The decision to not 
require reporting on such products also will not prevent the Agency 
from making recommendations ``to achieve further reductions in mercury 
use'' (15 U.S.C. 2607(b)(10)(C)(ii)). In order to clarify and 
streamline reporting requirements related to products that contain a 
component that is a mercury-added product, the Agency modified the 
structure of the regulatory text in this final rule. In addition, EPA 
will provide examples of such persons in reporting instructions and 
other support materials. Those materials will be available on the EPA 
website six months prior to the reporting deadline.
    3. Reporting Units and Threshold. As discussed in Unit III.C., the 
Agency compared existing state and federal reporting databases 
applicable to the supply, use, and trade of mercury. EPA conducted this 
review in an attempt not only to eliminate duplicative reporting 
requirements, but also to incorporate applicable features of such 
programs, including the consideration of respective reporting 
thresholds.
    The statutory text at TSCA section 8(b)(10) is silent on a 
reporting threshold; however, TSCA section 8(b)(10)(C) directs the 
Agency to ``identify any manufacturing processes or products that 
intentionally add

[[Page 30068]]

mercury.'' Based on: (1) The interpretation that the direction to 
``identify any'' applies to any amount of mercury in a manufacturing 
process or product; and (2) concerns related to the potential adverse 
effects on human health and the environment resulting from releases of 
mercury, EPA proposed to apply the reporting requirements to any person 
who manufactures (including imports) mercury or mercury-added products 
or otherwise intentionally uses mercury in a manufacturing process 
regardless of the amount of mercury at issue (Ref. 3).
    The Agency received comments in support of the proposal to not 
establish a de minimis threshold for reporting (Ref. 11; Ref. 12; Ref. 
23), as well as comments suggesting EPA establish minimum units for 
which persons should report and a threshold under which persons should 
not report to the mercury inventory (Ref. 15; Ref. 21; Ref. 24; Ref. 
26; Ref. 27). Specific recommendations from commenters included: a 
minimum reportable value of 1 pound (Ref. 27), parts per million 
amounts for impurities (Ref. 15), and less than 1 kilogram for an 
annual total for certain activities (Ref. 28). Commenters also 
expressed concerns with the reasonableness and burden associated with 
being able to detect, as well as calculate annual totals, for trace 
amounts of mercury in certain products and processes (Ref. 15; Ref. 
24). Finally, commenters recommended that reporting thresholds be 
established in SI/metric units due to prevalent market practices for 
identifying mercury content in products and for greater consistency 
with IMERC reporting requirements (Ref. 18; Ref. 23).
    EPA appreciates the suggestion to offer multiple/alternative units 
of measurement for reporting amounts of mercury. However, EPA believes 
that the pound (lb.) as a unit of measurement is the best choice based 
on it being a unit familiar to most potential reporters and consistent 
with the reporting provided by IMERC, CDR, and TRI. The reporting 
application is designed such that persons seeking to report amounts 
equal to or less than one pound during a reporting year would be 
directed to round amounts of mercury to ``1 lb.''
    In regard to a reporting threshold, EPA understands that certain 
persons may use small amounts of mercury over the course of a reporting 
year, but believes that it is not appropriate to establish a de minimis 
threshold. As explained in the proposed rule (Ref. 3), this decision is 
based on a review of statutory text at 15 U.S.C. 2607(b)(10)(C), which 
EPA interprets to require reporting for any amount of mercury. However, 
to address the concerns expressed, and as an alternative to a reporting 
threshold, EPA accepts the suggestions of commenters to offer a minimum 
unit. Any person that manufactures (including imports) mercury or 
mercury-added products or any person that otherwise intentionally uses 
mercury in a manufacturing process in an amount equal to or less than 
one pound during a reporting year would be directed to round amounts of 
mercury to ``1 lb.'' Because the Agency is not requiring reporting for 
impurities (see also ``Impurities Present in a Final Product'' in Unit 
III.B.2.), EPA believes the suggested parts per million unit of 
measurement associated with impurities is no longer applicable. In 
instances where persons subject to the reporting requirements may be 
using mercury in small amounts on a per unit basis, the Agency will 
provide additional examples in reporting instructions and support 
materials designed to assist reporters. Those materials will be 
available on the EPA website six months prior to the reporting 
deadline.
    4. Reporting Requirements. TSCA section 8(b)(10)(B) sets the 
general scope of the inventory as the ``mercury supply, use, and trade 
in the United States.'' EPA interprets the core elements to be covered 
in the mercury inventory to be the amount of mercury used in the 
activities within the mercury market described in Unit III.B. (i.e., 
manufacture, import, export, storage, distribution in commerce, and 
otherwise intentional use of mercury in a manufacturing process). EPA 
also determined that, for certain data elements, requiring reporting of 
more specific information would help to better contextualize reported 
quantities of mercury used in domestic and global supply, use, and 
trade. The general, specific, and contextual reporting requirements are 
described in this section.
    a. General Reporting Requirements. EPA considers ``supply'' to 
include manufacture and storage, ``use'' to include otherwise 
intentional use of mercury in a manufacturing process, and ``trade'' to 
include import, export, and distribution in commerce. The Agency 
determined that accounting for such activities is necessary to fulfill 
statutory mandates at TSCA sections 8(b)(10)(B) and (C). Therefore, for 
persons required to report (as described in Unit III.D.), EPA is 
requiring reporting quantitative data for mercury, mercury-added 
products, and otherwise intentional use of mercury in a manufacturing 
process (as qualified from existing terms as discussed in Unit III.B.) 
as follows:
    i. Importers of mercury: Amount of mercury imported per year 
(lbs.); Amount of mercury stored per year (lbs.); Amount of mercury 
distributed in commerce per year (lbs.); Amount of mercury exported per 
year (lbs.).
    ii. Manufacturers (other than importers) of mercury: Amount of 
mercury manufactured (other than imported) per year (lbs.); Amount of 
mercury stored per year (lbs.); Amount of mercury distributed in 
commerce per year (lbs.). Amount of mercury exported per year (lbs.).
    iii. Importers of a mercury-added product: Amount of mercury in 
imported products per year (lbs.); Amount of mercury in products 
distributed in domestic commerce per year (lbs.); Amount of mercury in 
exported products per year (lbs.).
    iv. Manufacturers (other than importers) of a mercury-added 
product: Amount of mercury in manufactured (other than imported) 
products per year (lbs.); Amount of mercury in products distributed in 
commerce per year (lbs.); Amount of mercury in exported products per 
year (lbs.).
    v. Persons who intentionally use mercury in manufacturing 
processes: Amount of mercury used in a manufacturing process per year 
(lbs.); Amount of mercury stored per year (lbs.).
    EPA understands that certain persons may report for multiple 
activities associated with supply, use, and trade of mercury. For 
example, a person may import mercury and manufacture mercury-added 
products. As such, the Agency is designing the quantitative data 
elements for reporting requirements such that a person could report 
both as an ``importer of mercury'' and ``manufacturer of mercury-added 
products,'' but only report for the specific activity in which they 
engage. The Agency expects there may be certain persons engaged in the 
supply, use, and trade of mercury who might not be accounted for in the 
inventory, but EPA views this omission of prospective reporters as an 
opportunity to limit undue burden and avoid double counting. Thus, the 
Agency is limiting the persons who must report at TSCA section 
8(b)(10)(D)(i) to only those persons described in Unit III.D.
    b. Specific Reporting Requirements. To better understand the 
categories of mercury-added products and otherwise intentional use of 
mercury in a manufacturing process, the Agency is requiring reporters 
to identify the specific categories and subcategories of products and 
functional uses for which quantitative data is reported. The Agency 
believes this is an appropriate

[[Page 30069]]

interpretation of the direction to ``identify any manufacturing 
processes or products that intentionally add mercury,'' which, in turn, 
could inform how to ``recommend actions, including proposed revisions 
of Federal law or regulations, to achieve further reductions in mercury 
use'' (15 U.S.C. 2607(b)(10)(C)). Persons required to report must 
provide the total amount of mercury used during the reporting year in 
pounds for general reporting activities associated with supply, use, 
and trade, rather than per category and subcategory. EPA based this 
decision on issues concerning burden and confidential business 
information that could be created by reporting quantitative information 
for increasingly specific categories and subcategories.
    i. Mercury-added products. Based on the current knowledge of 
mercury-added products available in the marketplace, including skin 
products manufactured abroad and sold illegally in the United States 
(Ref. 29), EPA is finalizing the following list of categories and 
subcategories of mercury-added products:
     Batteries: Button cell, silver; Button cell, zinc-air; 
Button cell, alkaline; Stacked button cell batteries; Manganese oxide; 
Silver oxide; Mercuric oxide, non-button cell; Button cell, mercuric 
oxide; Button cell, zinc carbon; Other (specify).
     Dental amalgam.
     Formulated products (includes uses in cosmetics, 
pesticides, and laboratory chemicals): Skin-lightening creams; Lotions; 
Soaps and sanitizers; Topical antiseptics; Bath oils and salts; 
Preservatives (e.g., for use in vaccines and eye-area cosmetics when no 
preservative alternatives are available); Pharmaceuticals (including 
prescription and over-the-counter drug products); Cleaning products 
(not registered as pesticides under the Federal Insecticide, Fungicide, 
and Rodenticide Act); Pesticides; Paints; Dyes; Reagents (e.g., 
catalysts, buffers, fixatives); Other (specify).
     Lighting, lamps, bulbs: Linear fluorescent; Compact 
fluorescent; U-tube and circular fluorescent; Cold cathode fluorescent; 
External electrode fluorescent; Mercury vapor; Metal halide; High 
pressure sodium; Mercury short arc; Neon; Other (specify).
     Measuring instruments: Barometer; Fever thermometer; Flow 
meter; Hydrometer; Hygrometer/psychrometer; Manometer; Non-fever 
thermometer; Pyrometer; Sphygmomanometer; Other (specify).
     Pump seals.
     Switches, relays, sensors, valves: Tilt switch; Vibration 
switch; Float switch; Pressure switch; Temperature switch; Displacement 
relay; Wetted reed relay; Contact relay; Flame sensor; Thermostat; 
Other (specify).
     Miscellaneous mercury-added products: Wheel weights; Wheel 
rotation balancers/stabilizers; Firearm recoil suppressors; Carburetor 
synchronizers; Joint support/shock absorption bands; Other (specify).
    ii. Intentional mercury use in manufacturing processes. EPA 
received comment on the proposed rule and has refined the following 
manufacturing processes for which mercury may be intentionally used: 
Chlorine production (e.g., mercury-cell chlor-alkali process); 
Acetaldehyde production; Sodium/potassium methylate/ethylate 
production; Polyurethane/plastic production; Other (specify). Based on 
public comment, EPA has also refined the following list of uses of 
mercury in the manufacturing processes: Catalyst; Cathode; Reactant; 
Reagent; Other (specify).
    Two commenters proposed revisions to specific information to be 
collected applicable to the intentional use of mercury in a 
manufacturing process (Ref. 15; Ref. 28). One commenter noted that in a 
mercury cell electrolyzer, the mercury serves solely as the cathode in 
the electrolysis process which breaks down the sodium chloride molecule 
and recommended that EPA should therefore add the term ``cathode'' to 
the Table 4 list as one of the selections (Ref. 15). Another commenter 
requested the removal of ``[v]inyl chloride monomer production'' as a 
specific manufacturing process because the vinyl chloride monomer (VCM) 
process is no longer used and is not expected to be used, by any 
manufacturer in the United States and that all VCM producers utilize 
ethylene, rather than acetylene, as the feedstock, which does not 
require any use of mercury (Ref. 28).
    The Agency appreciates and agrees with these comments. EPA amended 
the regulatory text for reporting requirements for specific data to add 
the term ``Cathode'' as an option to identify how mercury is used in 
manufacturing processes and to remove the term ``Vinyl chloride monomer 
production'' from the options of categories of manufacturing processes 
for which mercury may be intentionally used.
    c. Contextual Reporting Requirements. Within certain sectors of the 
mercury market, the Agency determined that additional data requirements 
are important to provide context to the quantitative data reported. To 
fully understand the supply, use, and trade of mercury in the United 
States, EPA is finalizing the following reporting requirements:
    i. For imports of mercury or mercury-added products: Country of 
origin.
    ii. For mercury or mercury-added products distributed in commerce: 
Identify the applicable purchasing or receiving industry sectors via 
NAICS codes.
    iii. For exported mercury or mercury-added products: Destination 
country.
    The Agency determined that the combination of general, specific, 
and contextual reporting requirements provides for the body of 
information required to fulfill statutory mandates of TSCA sections 
8(b)(10)(B) and (C). As much as possible, the Agency designed all 
requirements to be answered only where a reporter engages in the 
specific activity from the inclusive list of options. In fact, EPA 
believes that it is unlikely that the typical reporter would be engaged 
in and, as a result, be required to respond to all, or even many, of 
the reporting requirements.
    Aside from issue-specific discussions of reporting requirements 
presented elsewhere in Unit III.D., commenters generally supported the 
Agency's proposed general, specific, and contextual reporting 
requirements, emphasized the utility requiring reporting of NAICS to 
help track mercury supply and use flows, and noted the consistency and 
comprehensiveness of EPA mercury-added product categories and 
subcategories. The Agency appreciates this feedback from potentially 
affected persons.
    5. Consideration of Small Entities. Based on EPA's economic 
analysis of this final rule (Ref. 6), approximately 40 percent of the 
respondents will be small entities. However, small businesses are not 
exempt from reporting requirements because, unlike the exemption for 
small manufacturers and processors provided under TSCA sections 
8(a)(1)(A) and (B), reporting and recordkeeping requirements associated 
with TSCA section 8(b) are applicable to all affected entities. EPA 
requested public comment on what kinds of information would be 
particularly important to address for small entities (e.g., outreach 
and webinars for small businesses to introduce the online reporting 
environment and application, explain requirements, and offer Q&A and 
other support) (Ref. 3).
    The Agency received a comment related to the EPA's estimation of 
costs and burdens for the proposed rule (Ref. 27), which expressed 
concerns that initial estimates may be low given the scope of products, 
processes, and other information that EPA proposed to

[[Page 30070]]

require (Ref. 27). EPA prepared the economic analysis using the best 
available methods, consistent with EPA's Guidelines for Preparing 
Economic Analyses (see https://www.epa.gov/environmental-economics/guidelines-preparing-economic-analyses). While individual reporters may 
experience costs either higher or lower than those estimated in the 
analysis, the Agency believes that the average costs for the categories 
of reporters described are well represented.
    The Agency also received a comment related to the potential burden 
to small businesses (Ref. 30), which expressed concerns about how the 
estimated initial and subsequent annual costs may impose a major burden 
for a small manufacturer, particularly when added to other regulatory 
costs. EPA intends to minimize the burden on all respondents, including 
small entities, as much as possible. The Agency will develop reporting 
instructions tailored to small entities who will be required to comply 
with the reporting requirements. EPA expects to conduct outreach and 
webinars for small businesses to introduce the reporting database, 
explain requirements, and offer Q&A and other support. Those materials 
will be available on the EPA website six months prior to the reporting 
deadline. Under TSCA section 26(d), EPA also provides specialized 
assistance to respondents, particularly to small entities, including 
technical and other non-financial assistance to manufacturers 
(including importers) and processors of chemical substances. EPA's TSCA 
Hotline assists small businesses complying with TSCA rules and provides 
various materials such as copies of Federal Register notices, 
advisories, and other information upon request. Contact information for 
the TSCA Hotline is listed under FOR FURTHER INFORMATION CONTACT.

E. Frequency of Inventory Publication

    TSCA section 8(b)(10)(B) sets the date for publication of initial 
and subsequent, triennial iterations of the mercury inventory to 
commence on April 1, 2017. Therefore, EPA expects to publish the first 
mercury inventory supported by the finalized reporting requirements by 
April 1, 2020 and every three years thereafter.

F. Frequency of Data Collection and Reporting Deadline

    TSCA section 8(b)(10)(D) provides the authority to promulgate this 
rule to assist in the preparation of the triennial inventory 
publication, but TSCA offers no guidance on the frequency of collection 
or reporting deadline. To minimize reporting obligations, the Agency 
compared the respective collection frequencies and reporting deadlines 
for IMERC, the CDR rule, and the TRI program to when EPA is required to 
publish the mercury inventory. TSCA section 8(b)(10)(B) sets a 
publication date for the mercury inventory that falls on the reporting 
deadline for IMERC: April 1 in a triennial cycle starting in April 
2017. Data collected under the CDR rule is submitted to the Agency on a 
quadrennial cycle; the next reporting cycle will occur from 2016-2019, 
with a reporting deadline of September 2020. The TRI program collects 
and publishes data on an annual cycle with a reporting deadline of July 
1 of each year.
    Based on such considerations, the Agency determined that coinciding 
with the triennial IMERC frequency of collection is appropriate given 
the mercury inventory publication schedule is also triennial. The 
Agency is setting the mercury inventory reporting deadline to coincide 
with the TRI program deadline to align with a date with which certain, 
potential reporters might already be familiar. Therefore, EPA is 
establishing a July 1st reporting deadline for 2019 and every three 
years thereafter. Data submitted should cover only the calendar year 
preceding the year in which the reporting deadline occurs (e.g., data 
for calendar year January 1 to December 31, 2018 are reported on or 
before July 1, 2019).

G. Recordkeeping

    Consistent with the triennial reporting and publication cycle for 
the mercury inventory, EPA is requiring that each person who is subject 
to the reporting requirements must retain records that document any 
information reported to EPA. Records relevant to a reporting year must 
be retained for a period of 3 years beginning on the last day of the 
reporting year. Submitters are encouraged to retain their records 
longer than 3 years to ensure that past records are available as a 
reference when new submissions are being generated.

H. Reporting Requirements and Confidential Business Information

    Reporters to the information collection of this rule may claim that 
their submitted information is CBI per statutory provisions for CBI 
under TSCA section 14.
    The Agency received several comments concerning CBI, including 
suggestions to allow reporting in ranges and not demarcating specific 
amounts of mercury in exports going to specific countries (Ref. 27), as 
well as limiting reporting to a total amount of mercury used in a year 
(as opposed to specific amounts in import, export, manufacture, and 
other activities) (Ref. 15; Ref. 24; Ref. 28) to obviate the potential 
for persons to elect to claim data as CBI. Commenters were particularly 
concerned where reporting by a few or only a single facility engaged in 
a particular manufacturing process could allow competitors to calculate 
proprietary information. Other commenters requested an allowance for 
trade associations to collectively submit information on behalf of 
their members, which expressed a preference for collective reporting to 
protect against the release of proprietary sales data and other CBI 
(Ref. 9; Ref. 18).
    EPA's mercury reporting application will allow multiple roles in 
creating, certifying, and submitting data. However, to maintain the 
alignment of general, specific, and contextual reporting requirements, 
EPA requires that separate reports be filed for each person/company 
(i.e., not submitted in aggregate if an agent assists multiple persons/
companies to develop its report). In addition, the reporting 
application is designed as a tool for data collection only and will 
accept CBI claims submitted in accordance with TSCA section 14. Unlike 
information provided to IMERC, CDR, and TRI, the data received in 
support of the mercury inventory will not be publicly accessible in an 
online database. EPA intends to use these data to fulfill the statutory 
requirements to publish an inventory (15 U.S.C. 2607(b)(10)(B)) and 
make required identifications and recommendations related to mercury 
use (15 U.S.C. 2607(b)(10)(C)). EPA does not foresee receiving and 
handling such information as CBI as a potential hindrance to Agency 
processes. As necessary, EPA will follow established publication 
policies to aggregate data for public release and will not compromise 
confidential business information.

I. Electronic Reporting

    As set forth in the proposed rule, the Agency determined that 
mandatory electronic reporting would: (1) Streamline the reporting 
process and reduce the administrative costs associated with information 
submission and recordkeeping; (2) eliminate paper-based submissions as 
part of broader government efforts to move to modern, electronic 
methods of information gathering; (3) allow for more efficient data 
transmittal and a reduction in errors with the built-in validation 
procedures; and (4) reduce the reporting burden for submitters by 
reducing the cost and time required to review. EPA

[[Page 30071]]

is requiring electronic reporting of the mercury inventory data, using 
an Agency-provided, web-based reporting software to submit mercury 
inventory reports through the internet to EPA's Central Data Exchange 
(CDX). CDX provides the capability for submitters to access their data 
through the use of web services. For more information about CDX, go to 
http://epa.gov/cdx.
    The Agency received comments related to the proposal to require 
electronic reporting, which suggested that EPA should be prepared to 
provide additional assistance to companies that may be challenged by an 
electronic reporting system (Ref. 11; Ref. 23). The Agency appreciates 
these comments and will develop reporting instructions and support 
materials to assist with reporting to the mercury inventory. Those 
materials will be available on the EPA website six months prior to the 
reporting deadline. In addition, the EPA CDX maintains a helpdesk 
contract to provide support for CDX users.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. Mercury; Initial Inventory Report of Supply, Use, and Trade. 
(82 FR 15522; March 29, 2017).
2. UNEP. Minamata Convention on Mercury. (No date). Available at 
http://www.mercuryconvention.org. [Accessed August 4, 2017].
3. EPA. Mercury; Reporting Requirements for Toxic Substances Control 
Act Mercury Inventory--Proposed Rule. (82 FR 49564; October 26, 
2017).
4. EPA. Reporting Requirements for the TSCA Mercury Inventory: 
Mercury--Proposed Rule; Extension of Comment Period. (82 FR 60168; 
December 17, 2017).
5. EPA. Mercury; Reporting Requirements for Toxic Substances Control 
Act Mercury Inventory--Response to Comments. June 20, 2018.
6. EPA. Economic Analysis for the Reporting Requirements for the 
TSCA Mercury Inventory. June 20, 2018.
7. EPA. Subpoena and Information Request. March 20, 2015. Available 
at https://www.epa.gov/mercury/2015-subpoena-and-information-request-epa-mercuryrecyclers.
8. Comment submitted by Kathleen M. Roberts, Executive Director, 
North American Metals Council.
9. Comment submitted by Lawrence E. Culleen, Arnold & Porter Kaye 
Scholer LLP for the Chemical Users Coalition.
10. Comment submitted by Peter Webster, General Counsel U.S., 
Barrick Gold North America, Inc.
11. Comment submitted by David Lennett, Senior Attorney, Natural 
Resources Defense Council.
12. Comment submitted by Carolyn Hanson, Acting Executive Director, 
Environmental Council of the States.
13. Comment submitted by Stephen Tarnowski, Office of Corporate 
Staff Counsel, Merck & Co, Inc.
14. Comment submitted by Ross Eisenberg, Vice President, Energy and 
Resources Policy, National Association of Manufacturers.
15. Comment submitted by Kenneth G. Akins, Director, Environmental, 
Westlake Chemical Corporation.
16. Comment submitted by Charles Franklin, Vice President and 
Counsel, Government Affairs, Portland Cement Association.
17. Comment submitted by Amandine Muskus, Manager, Environment & 
Energy Association of Global Automakers, Inc.; Stacy Tatman, 
Director of Environmental Affairs, Alliance of Automobile 
Manufacturers.
18. Comment submitted by Chris Cleet, QEP, Senior Director of 
Environment and Sustainability, Information Technology Industry 
Council; Katie Reilly, Senior Manager, Environmental and 
Sustainability Policy, Consumer Technology Association; Kyle Pistor, 
Vice President, Government Relations, National Electrical 
Manufacturers Association.
19. Anonymous public comment (EPA-HQ-OPPT-2017-0421-0062).
20. Comment submitted by Phillip K. Bell, President, Steel 
Manufacturers Association.
21. Comment submitted by David Hickey, Vice President, Advocacy, 
International Sign Association.
22. Comment submitted by Michele P. Wilson, Environmental 
Compliance, Savannah River Nuclear Solutions, LLC.
23. Comment submitted by Chuck Schwer, Vermont Department of 
Environmental, Conservation, Chairperson, and Tom Metzner, 
Connecticut Department of Energy and Environmental Protection, 
Chairperson, Interstate Mercury Education and Reduction 
Clearinghouse.
24. Comment submitted by Theodore B. Lynn, Ph.D., Director of 
Research, Dexsil Corporation.
25. NEWMOA. Mercury-Added Products Database. (No date). Available at 
http://www.newmoa.org/prevention/mercury/imerc/notification/. 
[Accessed August 4, 2017].
26. Comment submitted by David Isaacs, Semiconductor Industry 
Association.
27. Comment submitted by James C. Lee, Senior Compliance Analyst, 
Hach Company.
28. Comment submitted by Richard Krock, Vice President, Regulatory 
and Technical Affairs, Vinyl Institute.
29. U.S. Food and Drug Administration. Mercury Poisoning Linked to 
Skin Products. (July 26, 2016). Available at https://www.fda.gov/forconsumers/consumerupdates/ucm294849.htm. [Accessed October 3, 
2017].
30. Anonymous public comment (EPA-HQ-OPPT-2017-0421-0038).
31. EPA. Collection of Information for Mercury Inventory Reporting 
Rule; EPA ICR No. 2567.02; OMB Control No.: 2070-0207. June 20, 
2018.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review under Executive 
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 
January 21, 2011). Any changes made in response to OMB recommendations 
have been documented in the docket for this action.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is subject to the requirements for regulatory actions 
specified in Executive Order 13771 (82 FR 9339, February 3, 2017). EPA 
prepared an analysis of the estimated costs and benefits associated 
with this action. This analysis, ``Economic Analysis for the Reporting 
Requirements for the TSCA Mercury Inventory'' (Economic Analysis, Ref. 
6), is available in the docket and is summarized in Unit I.E.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been 
submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et seq. The 
Information Collection Request (ICR) document that the EPA prepared has 
been assigned EPA ICR number 2567.02 and OMB Control No. 2070-0207 
(Ref. 31). You can find a copy of the ICR in the docket for this rule, 
and it is briefly summarized here.
    The reporting requirements identified in the final rule would 
provide EPA with information necessary to prepare and periodically 
update an inventory of mercury supply, use, and trade in the United 
States, as required by TSCA section 8(b)(10)(D). These reporting 
requirements would help the Agency to prepare subsequent, triennial

[[Page 30072]]

publications of the inventory, as well as to carry out the requirement 
of TSCA section 8(b)(10)(C) to identify any manufacturing processes or 
products that intentionally add mercury and recommend actions, 
including proposed revisions of Federal law or regulations, to achieve 
further reductions in mercury use. EPA intends to use information 
collected under the rule to assist in efforts to reduce the use of 
mercury in products and processes and to facilitate reporting on 
implementation of the Minamata Convention by the United States. 
Respondents may claim some of the information reported to EPA under the 
final rule as CBI under TSCA section 14. TSCA section 14(c) requires a 
supporting statement and certification for confidentiality claims 
asserted after June 22, 2016.
    EPA estimated total burden and costs to industry associated with 
the information collection activities in the final rule over the first 
three years after its promulgation (Ref. 6). For the 750 companies 
anticipated to be subject to the reporting requirements, the average 
per respondent burden hours for Year 1 (of a triennial cycle for 
submitting information) was estimated to be 96.76 hours (Ref. 6). Years 
2 and 3 are not data collection years, so there is no cost associated 
with the rule during these years (Ref. 6). Therefore, the average for 
total burden hours per the three-year reporting cycle is 32.25 hours 
per year (Ref. 6).
    Respondents/affected entities: Manufacturers, importers, and 
processors of mercury.
    Respondent's obligation to respond: Mandatory (15 U.S.C. 
2607(b)(10)(D)).
    Estimated number of respondents: 750.
    Frequency of response: Triennially.
    Total estimated annual burden: 24,189 hours (averaged over 3 
years). Burden is defined at 5 CFR 1320.3(b).
    Total estimated annual cost: $1,942,190 (averaged over 3 years), 
includes $0 annualized capital or operation and maintenance costs.
    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. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. Submit your 
comments on the Agency's need for this information, the accuracy of the 
provided burden estimates and any suggested methods for minimizing 
respondent burden to the EPA using the docket identified at the 
beginning of this rule. You may also send your ICR-related comments to 
OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for the EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after receipt, OMB must receive comments no later than July 
27, 2018.

D. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities under the RFA. The small 
entities subject to the requirements of this action include those that 
manufacture, including import, mercury or mercury-added products 
(manufacturers), or otherwise intentionally use mercury in a 
manufacturing process (processors). To identify the number of firms 
that are subject to the rule and considered small under SBA size 
standards, EPA compared the appropriate SBA size definition to the 
company's revenue or number of employees, as identified using Dun and 
Bradstreet or other market research websites. Of the 506 parent 
companies that are subject to the rule, 211 companies (42 percent) meet 
the SBA small business definitions for their respective NAICS 
classifications.
    The small entity analysis estimated that no parent company would 
incur an impact of 3 percent or greater, and 4 parent companies (1.85 
percent of total entities) would incur an impact of 1 to 3 percent. 
Details of this analysis are included in the accompanying Economic 
Analysis for this rule (Ref. 6).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531 through 1538, and does not 
significantly or uniquely affect small governments. As such, the 
requirements of sections 202, 203, 204, or 205 of UMRA do not apply to 
this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
any effect on tribal governments, on the relationship between the 
Federal government and the Indian tribes, or on the distribution of 
power and responsibilities between the Federal government and Indian 
tribes, as specified in the Order. Thus, E.O. 13175 does not apply to 
this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it does not 
concern an environmental health risk or safety risk, nor is this action 
economically significant as the impact of this action will be less than 
$100 million.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not expected to affect energy 
supply, distribution, or use.

J. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, section 
12(d) of NTTAA, 15 U.S.C. 272 note, does not apply to this section.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard. This action establishes an information 
requirement and does not affect the level of protection provided to 
human health or the environment.

VI. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

[[Page 30073]]

List of Subjects in 40 CFR Part 713

    Environmental protection, Exports, Imports, Manufacturing, Mercury, 
Trade practices.

    Dated: June 21, 2018.
E. Scott Pruitt,
Administrator.

    Therefore, 40 CFR chapter I, subchapter R, is amended by adding a 
new part 713 to read as follows:

PART 713--REPORTING REQUIREMENTS FOR THE TSCA INVENTORY OF MERCURY 
SUPPLY, USE, AND TRADE

Sec.
713.1 Purpose, scope, and compliance.
713.5 Mercury for which information must be reported.
713.7 Persons who must report.
713.9 General requirements for which information must be reported.
713.11 Specific requirements for which information must be reported.
713.13 Contextual requirements for which information must be 
reported.
713.15 Reporting information to EPA.
713.17 When to report.
713.19 Recordkeeping requirements.
713.21 Electronic filing.

    Authority:  15 U.S.C. 2607(b)(10)(D).


Sec.  713.1   Purpose, scope, and compliance.

    (a) This part specifies reporting and recordkeeping procedures 
under section 8(b)(10) of the Toxic Substances Control Act (TSCA) (15 
U.S.C. 2607(b)(10)) for certain manufacturers (including importers) and 
processers of mercury as defined in section 8(b)(10)(A) to include 
elemental mercury and mercury compounds. Hereinafter ``mercury'' will 
refer to both elemental mercury and mercury compounds collectively, 
except where separately identified. Section 8(b)(10)(D) of TSCA 
authorizes the EPA Administrator to require reporting from any person 
who manufactures mercury or mercury-added products or otherwise 
intentionally uses mercury in a manufacturing process to carry out and 
publish in the Federal Register an inventory of mercury supply, use, 
and trade in the United States. In administering this mercury 
inventory, EPA is directed to identify any manufacturing processes or 
products that intentionally add mercury and to recommend actions, 
including proposed revisions of Federal law or regulations, to achieve 
further reductions in mercury use. EPA intends to use the collected 
information to implement TSCA and shape the Agency's efforts to 
recommend actions, both voluntary and regulatory, to reduce the use of 
mercury in commerce. In so doing, the Agency will conduct timely 
evaluation and refinement of these reporting requirements so that they 
are efficient and non-duplicative for reporters.
    (b) This part applies to the activities associated with the 
periodic publication of information on mercury supply, use, and trade 
in the United States. Except as described at Sec.  713.7, the reporting 
requirements for mercury supply, use, and trade apply to the following 
activities:
    (1) Activities undertaken with the purpose of obtaining an 
immediate or eventual commercial advantage:
    (i) Import of mercury;
    (ii) Manufacture (other than import) of mercury;
    (iii) Import of a mercury-added product;
    (iv) Manufacture (other than import) of a mercury-added product; 
and
    (v) Intentional use of mercury in a manufacturing process.
    (2) Activities undertaken in relationship to those activities 
described in paragraph (b)(1) of this section:
    (i) Distribution in commerce, including domestic sale or transfer, 
of mercury;
    (ii) Distribution in commerce, including domestic sale or transfer, 
of a mercury-added product;
    (iii) Storage of mercury (including import);
    (iv) Export of a mercury compound (unless specifically prohibited); 
and
    (v) Export of a mercury-added product.
    (c) Section 15(3) of TSCA makes it unlawful for any person to fail 
or refuse to submit information required under this part. In addition, 
TSCA section 15(3) makes it unlawful for any person to fail to: 
Establish or maintain records, or permit access to records required by 
this part. Section 16 of TSCA provides that any person who violates a 
provision of TSCA section 15 is liable to the United States for a civil 
penalty and may be criminally prosecuted. Pursuant to TSCA section 17, 
the Federal Government may seek judicial relief to compel submission of 
TSCA section 8 information and to otherwise restrain any violation of 
TSCA section 15.
    (d) Each person who reports under this part must certify the 
accuracy and maintain records of the information reported under this 
part and, in accordance with TSCA, permit access to, and the copying 
of, such records by EPA officials.


Sec.  713.5   Mercury for which information must be reported.

    (a) Elemental mercury (Chemical Abstracts Service Registry Number 
7439-97-6); or
    (b) A mercury compound, including but not limited to the mercury 
compounds listed in Table 1 of this part by Chemical Abstracts Service 
Registry Number:

                       Table 1--Mercury Compounds
------------------------------------------------------------------------
Chemical Abstracts  Service Registry No.         Mercury compound
------------------------------------------------------------------------
10045-94-0..............................  Nitric acid, mercury(2+) salt
                                           (2:1).
100-57-2................................  Mercury, hydroxyphenyl-.
10112-91-1..............................  Mercury chloride (Hg2Cl2).
10124-48-8..............................  Mercury amide chloride
                                           (Hg(NH2)Cl).
103-27-5................................  Mercury, phenyl(propanoato-
                                           .kappa.O)-.
10415-75-5..............................  Nitric acid, mercury(1+) salt
                                           (1:1).
104-60-9................................  Mercury, (9-octadecenoato-
                                           .kappa.O)phenyl-.
1191-80-6...............................  9-Octadecenoic acid (9Z)-,
                                           mercury(2+) salt (2:1).
12068-90-5..............................  Mercury telluride (HgTe).
13170-76-8..............................  Hexanoic acid, 2-ethyl-,
                                           mercury(2+) salt (2:1).
13302-00-6..............................  Mercury, (2-ethylhexanoato-
                                           .kappa.O)phenyl-.
1335-31-5...............................  Mercury cyanide oxide
                                           (Hg2(CN)2O).
1344-48-5...............................  Mercury sulfide (HgS).
1345-09-1...............................  Cadmium mercury sulfide.
13876-85-2..............................  Mercurate(2-), tetraiodo-,
                                           copper(1+) (1:2), (T-4)-.
138-85-2................................  Mercurate(1-), (4-
                                           carboxylatophenyl)hydroxy-,
                                           sodium (1:1).
141-51-5................................  Mercury, iodo(iodomethyl)-.

[[Page 30074]]

 
14783-59-6..............................  Mercury, bis[(2-
                                           phenyldiazenecarbothioic acid-
                                           .kappa.S) 2-phenylhydrazidato-
                                           .kappa.N2]-, (T-4)-.
15385-58-7..............................  Mercury, dibromodi-, (Hg-Hg).
15785-93-0..............................  Mercury, chloro[4-[(2,4-
                                           dinitrophenyl)amino]phenyl]-.
15829-53-5..............................  Mercury oxide (Hg2O).
1600-27-7...............................  Acetic acid, mercury(2+) salt
                                           (2:1).
1785-43-9...............................  Mercury,
                                           chloro(ethanethiolato)-.
19447-62-2..............................  Mercury, (acetato-.kappa.O)[4-
                                           [2-[4-
                                           (dimethylamino)phenyl]diazeny
                                           l]phenyl]-.
20582-71-2..............................  Mercurate(2-), tetrachloro-,
                                           potassium (1:2), (T-4)-.
20601-83-6..............................  Mercury selenide (HgSe).
21908-53-2..............................  Mercury oxide (HgO).
22450-90-4..............................  Mercury(1+), amminephenyl-,
                                           acetate (1:1).
24579-90-6..............................  Mercury, chloro(2-hydroxy-5-
                                           nitrophenyl)-.
24806-32-4..............................  Mercury, [.mu.-[2-
                                           dodecylbutanedioato(2-
                                           ).kappa.O1:.kappa.O4]]dipheny
                                           ldi-.
26545-49-3..............................  Mercury, (neodecanoato-
                                           .kappa.O)phenyl-.
27685-51-4..............................  Cobaltate(2-),
                                           tetrakis(thiocyanato-
                                           .kappa.N)-, mercury(2+)
                                           (1:1), (T-4)-.
29870-72-2..............................  Cadmium mercury telluride
                                           ((Cd,Hg)Te).
3294-57-3...............................  Mercury,
                                           phenyl(trichloromethyl)-.
33770-60-4..............................  Mercury, [3,6-dichloro-4,5-
                                           di(hydroxy-.kappa.O)-
                                           3,5cyclohexadiene-1,2-
                                           dionato(2-)]-.
3570-80-7...............................  Mercury, bis(acetato-
                                           .kappa.O)[.mu.-(3',6'-
                                           dihydroxy-
                                           3oxospiro[isobenzofuran-
                                           1(3H),9'-[9H]xanthene]-
                                           2',7'diyl)]di-.
537-64-4................................  Mercury, bis(4-methylphenyl)-.
539-43-5................................  Mercury, chloro(4-
                                           methylphenyl)-.
54-64-8.................................  Mercurate(1-), ethyl[2-
                                           (mercapto-.kappa.S)benzoato(2-
                                           ).kappa.O]-, sodium (1:1).
55-68-5.................................  Mercury, (nitrato-
                                           .kappa.O)phenyl-.
56724-82-4..............................  Mercury, phenyl[(2-
                                           phenyldiazenecarbothioic
                                           acid.kappa.S) 2-
                                           phenylhydrazidato-.kappa.N2]-
                                           .
587-85-9................................  Mercury, diphenyl-.
592-04-1................................  Mercury cyanide (Hg(CN)2).
592-85-8................................  Thiocyanic acid, mercury(2+)
                                           salt (2:1).
593-74-8................................  Mercury, dimethyl-.
59-85-8.................................  Mercurate(1-), (4-
                                           carboxylatophenyl)chloro-,
                                           hydrogen.
623-07-4................................  Mercury, chloro(4-
                                           hydroxyphenyl)-.
62-38-4.................................  Mercury, (acetato-
                                           .kappa.O)phenyl-.
62638-02-2..............................  Cyclohexanebutanoic acid,
                                           mercury(2+) salt (2:1).
627-44-1................................  Mercury, diethyl-.
6283-24-5...............................  Mercury, (acetato-.kappa.O)(4-
                                           aminophenyl)-.
628-86-4................................  Mercury, bis(fulminato-
                                           .kappa.C)-.
629-35-6................................  Mercury, dibutyl-.
63325-16-6..............................  Mercurate(2-), tetraiodo-, (T-
                                           4)-, hydrogen, compd. with 5-
                                           iodo-2-pyridinamine (1:2:2).
63468-53-1..............................  Mercury, (acetato-.kappa.O)(2-
                                           hydroxy-5-nitrophenyl)-.
63549-47-3..............................  Mercury, bis(acetato-
                                           .kappa.O)(benzenamine)-.
68201-97-8..............................  Mercury, (acetato-
                                           .kappa.O)diamminephenyl-, (T-
                                           4)-.
72379-35-2..............................  Mercurate(1-), triiodo-,
                                           hydrogen, compd. with 3-
                                           methyl2(3H)-benzothiazolimine
                                           (1:1:1).
7439-97-6...............................  Mercury.
7487-94-7...............................  Mercury chloride (HgCl2).
7546-30-7...............................  Mercury chloride (HgCl).
7616-83-3...............................  Perchloric acid, mercury(2+)
                                           salt (2:1).
7774-29-0...............................  Mercury iodide (HgI2).
7783-33-7...............................  Mercurate(2-), tetraiodo-,
                                           potassium (1:2), (T-4)-.
7783-35-9...............................  Sulfuric acid, mercury(2+)
                                           salt (1:1).
7783-39-3...............................  Mercury fluoride (HgF2).
7789-47-1...............................  Mercury bromide (HgBr2).
90-03-9.................................  Mercury, chloro(2-
                                           hydroxyphenyl)-.
94070-93-6..............................  Mercury, [.mu.-[(oxydi-2,1-
                                           ethanediyl
                                           1,2benzenedicarboxylato-
                                           .kappa.O2)(2-)]]diphenyldi-.
------------------------------------------------------------------------

Sec.  713.7   Persons who must report.

    (a) Any person who manufactures (including imports) mercury, 
except:
    (1) A person who does not manufacture (including import) mercury 
with the purpose of obtaining an immediate or eventual commercial 
advantage;
    (2) A person who manufactures (including imports) mercury only as 
an impurity; or
    (3) A person engaged only in the generation, handling, or 
management of mercury-containing waste, including recovered mercury 
that is discarded or elemental mercury that is managed for long-term 
storage and management under section 6939f(g)(2) of the Resource 
Conservation and Recovery Act;
    (b) Any person who manufactures (including imports) a mercury-added 
product, except:
    (1) A person who does not manufacture (including import) a mercury-
added product with the purpose of obtaining an immediate or eventual 
commercial advantage;
    (2) A person engaged only in the import of a product that contains 
a component that is a mercury-added product; or
    (3) A person engaged only in the manufacture (other than import) of 
a product that contains a component that is a mercury-added product who 
did not first manufacture (including import) the component that is a 
mercury-added product; and
    (c) Any person who otherwise intentionally uses mercury in a 
manufacturing process, except a person

[[Page 30075]]

who does not intentionally use mercury in a manufacturing process with 
the purpose of obtaining an immediate or eventual commercial advantage.


Sec.  713.9   General requirements for which information must be 
reported.

    Except as described at Sec.  713.7:
    (a) Persons who manufacture (including import) mercury in amounts 
greater than or equal to 2,500 pounds (lbs.) for elemental mercury or 
greater than or equal to 25,000 lbs. for mercury compounds for a 
specific reporting year must report, as applicable:
    (1) Amount of mercury stored (lbs.); and
    (2) Amount of mercury distributed in commerce (lbs.).
    (b) All other persons who manufacture (including import) mercury 
must report, as applicable:
    (1) Amount of mercury manufactured (other than imported) (lbs.);
    (2) Amount of mercury imported (lbs.);
    (3) Amount of mercury exported (lbs.), except mercury prohibited 
from export at 15 U.S.C. 2611(c)(1) and (7);
    (4) Amount of mercury stored (lbs.); and
    (5) Amount of mercury distributed in commerce (lbs.).
    (c) Persons who report sales of mercury-added products to the 
Interstate Mercury Education and Reduction Clearinghouse (IMERC) must 
report, as applicable:
    (1) Amount of mercury in manufactured (other than imported) 
products (lbs.);
    (2) Amount of mercury in imported products (lbs.); and
    (3) Amount of mercury in exported products (lbs.).
    (d) All other persons who manufacture (including import) mercury-
added products must report, as applicable:
    (1) Amount of mercury in manufactured (other than imported) 
products (lbs.);
    (2) Amount of mercury in imported products (lbs.);
    (3) Amount of mercury in exported products (lbs.); and
    (4) Amount of mercury in products distributed in commerce (lbs.).
    (e) Persons who otherwise intentionally use mercury in a 
manufacturing process must report, as applicable:
    (1) Amount of mercury otherwise intentionally used (lbs.) in a 
manufacturing process; and
    (2) Amount of mercury stored (lbs.).


Sec.  713.11   Specific requirements for which information must be 
reported.

    Except as described at Sec.  713.7:
    (a) Any person who manufactures (including imports) mercury must 
specify, as applicable, the specific mercury compound(s) from a pre-
selected list (as listed in Table 1 of this part).
    (b) Any person who manufactures (including imports) a mercury-added 
product must specify as applicable, the specific category(ies) and 
subcategory(ies) from a pre-selected list, as listed in Table 2 of this 
part:

     Table 2--Categories and Subcategories of Mercury-Added Products
------------------------------------------------------------------------
                Category                           Subcategory
------------------------------------------------------------------------
Batteries..............................  --Button cell, silver.
                                         --Button cell, zinc-air.
                                         --Button cell, alkaline.
                                         --Stacked button cell
                                          batteries.
                                         --Manganese oxide.
                                         --Silver oxide.
                                         --Mercuric oxide, non-button
                                          cell.
                                         --Button cell, mercuric oxide.
                                         --Button cell, zinc carbon.
                                         --Other (specify).
Dental amalgam.........................  [No subcategories].
Formulated products (includes uses in    --Skin-lightening creams.
 cosmetics, pesticides, and laboratory   --Lotions.
 chemicals).                             --Soaps and sanitizers.
                                         --Bath oils and salts.
                                         --Topical antiseptics.
                                         --Preservatives (e.g., for use
                                          in vaccines and eye-area
                                          cosmetics when no preservative
                                          alternatives are available).
                                         --Pharmaceuticals (including
                                          prescription and over-the-
                                          counter drug products).
                                         --Cleaning products (not
                                          registered as pesticides under
                                          the Federal Insecticide,
                                          Fungicide, and Rodenticide
                                          Act).
                                         --Pesticides.
                                         --Paints.
                                         --Dyes.
                                         --Reagents (e.g., catalysts,
                                          buffers, fixatives).
                                         --Other (specify).
Lighting, lamps, bulbs.................  --Linear fluorescent.
                                         --Compact fluorescent.
                                         --U-tube and circular
                                          fluorescent.
                                         --Cold cathode fluorescent.
                                         --External electrode
                                          fluorescent.
                                         --Mercury vapor.
                                         --Metal halide.
                                         --High pressure sodium.
                                         --Mercury short arc.
                                         --Neon.
                                         --Other (specify).

[[Page 30076]]

 
Measuring instruments..................  --Barometer.
                                         --Fever thermometer.
                                         --Flow meter.
                                         --Hydrometer.
                                         --Hygrometer/psychrometer.
                                         --Manometer.
                                         --Non-fever thermometer.
                                         --Pyrometer.
                                         --Sphygmomanometer.
                                         --Other (specify).
Pump seals.............................  [No subcategories].
Switches, relays, sensors, valves......  --Tilt switch.
                                         --Vibration switch.
                                         --Float switch.
                                         --Pressure switch.
                                         --Temperature switch.
                                         --Displacement relay.
                                         --Wetted reed relay.
                                         --Contact relay.
                                         --Flame sensor.
                                         --Thermostat.
                                         --Other (specify).
Miscellaneous/novelty mercury-added      --Wheel weights.
 products.                               --Wheel rotation balancers/
                                          stabilizers.
                                         --Firearm recoil suppressors.
                                         --Carburetor synchronizers.
                                         --Joint support/shock
                                          absorption bands.
                                         --Other (specify).
------------------------------------------------------------------------

    (c) Any person who otherwise intentionally uses mercury in a 
manufacturing process, other than the manufacture of a mercury compound 
or a mercury-added product, must identify, as applicable:
    (1) The specific manufacturing process for which mercury is 
otherwise intentionally used from a pre-selected list, as listed in 
Table 3 of this part:

      Table 3--Manufacturing Process for Which Mercury Is Otherwise
                           Intentionally Used
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Chlorine production (e.g., mercury-cell chlor-alkali process).
Acetaldehyde production.
Sodium/potassium methylate/ethylate production.
Polyurethane/plastic production.
Other (specify).
------------------------------------------------------------------------

    (2) The specific use of mercury in a manufacturing process from a 
pre-selected list, as listed in Table 4 of this part:

       Table 4--Specific Use of Mercury in a Manufacturing Process
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Catalyst.
Cathode.
Reactant.
Reagent.
Other (specify).
------------------------------------------------------------------------

Sec.  713.13   Contextual requirements for which information must be 
reported.

    Except as described at Sec.  713.7:
    (a) Persons who manufacture (including import) mercury in amounts 
greater than or equal to 2,500 lbs. for elemental mercury or greater 
than or equal to 25,000 lbs. for mercury compounds for a specific 
reporting year must report, as applicable:
    (1) Country(ies) of origin for imported mercury;
    (2) Country(ies) of destination for exported mercury; and
    (3) NAICS code(s) for mercury distributed in commerce.
    (b) All other persons who manufacture (including import) mercury 
must report, as applicable:
    (1) Country(ies) of origin for imported mercury;
    (2) Country(ies) of destination for exported mercury; and
    (3) NAICS code(s) for mercury distributed in commerce.
    (c) Persons who report sales of mercury-added products to IMERC 
must report, as applicable:
    (1) Country(ies) of origin for imported products;
    (2) Country(ies) of destination for exported products; and
    (3) NAICS code(s) for products distributed in commerce.
    (d) All other persons who manufacture (including import) mercury-
added products must report, as applicable:
    (1) Country(ies) of origin for imported products;
    (2) Country(ies) of destination for exported products; and
    (3) NAICS code(s) for products distributed in commerce.
    (e) Persons who otherwise intentionally use mercury in a 
manufacturing process, other than the manufacture of a mercury compound 
or a mercury-added product, must report, as applicable:
    (1) Country(ies) of destination for exported final product(s); and
    (2) NAICS code(s) for mercury in final product(s) distributed in 
commerce.


Sec.  713.15   Reporting information to EPA.

    Any person who must report under this part must report for the 
submission period described at Sec.  713.17:
    (a) Quantities of mercury in pounds per applicable activity listed 
under the general requirements for which information must be reported 
described at Sec.  713.9;
    (b) Specific requirements for which information must be reported 
described at Sec.  713.11;
    (c) Contextual requirements for which information must be reported 
described at Sec.  713.13; and
    (d) According to the procedures described at Sec.  713.21.


Sec.  713.17  When to report.

    (a) Any person who must report under this part must report for the 
reporting

[[Page 30077]]

year described as follows. A reporting year is the year during which 
mercury activity, required to be reported by this rule, has occurred. 
The 2018 reporting year is from January 1, 2018 to December 31, 2018. 
Subsequent reporting years are from January 1 to December 31 at 3-year 
intervals, beginning in 2021.
    (b) All information reported for an applicable reporting year must 
be submitted on or before the first day of July following the reporting 
year. The submission deadline for the 2018 reporting year is July 1, 
2019. Subsequent submission deadlines are on or before the first day of 
July following the reporting year, in 3-year intervals, beginning in 
2022.
    (c) The data from the 2018 reporting year will be used for the 2020 
mercury inventory, the data from the 2021 reporting year will be used 
for the 2023 mercury inventory, and so forth at three-year intervals.


Sec.  713.19   Recordkeeping requirements.

    Each person who is subject to the reporting requirements of this 
part must retain records that document any information reported to EPA. 
Records relevant to a reporting year must be retained for a period of 3 
years beginning on the last day of the reporting year. Submitters are 
encouraged to retain their records longer than 3 years to ensure that 
past records are available as a reference when new submissions are 
being generated.


Sec.  713.21   Electronic filing.

    (a) You must use the Mercury Electronic Reporting (MER) application 
to complete and submit required information as set forth in Sec.  
713.17. Submissions may only be made as set forth in this section.
    (b) Submissions must be sent electronically to EPA via CDX.
    (c) Access MER and instructions, as follows:
    (1) By website. Access MER via the CDX homepage at https://cdx.epa.gov/ and follow the appropriate links.
    (2) By phone or email. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected].

[FR Doc. 2018-13834 Filed 6-26-18; 8:45 am]
 BILLING CODE 6560-50-P