EPA Proposes New Mercury TSCA Reporting Requirement

US EPA last week proposed a TSCA reporting requirement for persons who manufacture or import mercury and mercury-added products. The information EPA collects will help the Agency make recommendations to further reduce mercury use in the US.

The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21^st Century Act, requires EPA to publish an “inventory of mercury supply, use, and trade in the US” once every three years. This reporting requirement will allow EPA to collect the data it needs from the regulated community to create this inventory.   

The proposed TSCA reporting requirement would apply to persons who:

• Manufacture or import mercury or mercury-added products;
• Distribute or store mercury or mercury-added products;
• Intentionally use mercury in a manufacturing process.

In this context, “mercury” is defined by law as “(i) elemental mercury; and (ii) a mercury compound.” Export of elemental mercury is already prohibited in the US.

The list of potentially affected businesses that may be required to report under the proposed rule is expansive and includes:  
 

• Chemical manufacturing;
• Chemical wholesale;
• Paint and coatings manufacturing;
• Plastics and resin manufacturing;
• Surgical and medical instrument manufacturing;
• Hazardous waste treatment and disposal;
• Pesticides and agricultural chemical manufacturing;
• Electronics manufacturing
• Tire and rubber product manufacturing;
• Metal ore mining, metal foundries, and metal smelting
• Some metals refining and production; and
• Material recovery

See EPA’s full list of potentially affected entities in the Federal Register.

TSCA Training—Anytime, Anywhere

Learn what you must know to achieve and maintain compliance with EPA’s Toxic Substance Control Act (TSCA) reporting, recordkeeping, and chemical management rules. The TSCA Regulations Online Course covers the detailed rules for handling, storing, processing, and manufacturing regulated chemical substances. Plus, learn what you must report, record, and keep on file to avoid TSCA fines now as high as $38,114 per day, per violation.

See a course outline here: TSCA Regulations Online Course  
 

Tags: EPA, new rules, reporting and recordkeeping, TSCA