Final Rule Alert: TSCA Mercury Reporting

Posted on July 6,2018 by Roger Marks

Mercury_Metal.jpgIn late June 2018, US EPA finalized a rulemaking to require manufacturers, importers, distributors, and users of mercury and mercury-added products to report to EPA about their activities.

Issued under TSCA Section 8(b)(10), this new chemical reporting requirement will enable EPA to fulfill a statutory mandate under the Frank R. Lautenberg Chemical Safety for the 21st Century Act: Once every three years, EPA must release an “inventory of mercury supply, use, and trade” that includes data collected from industry.

EPA estimates the new reporting requirement—including time spent learning the new rule, determining applicability, etc.—will result in a burden of 72,600 hours and $5.8 million in the first year or reporting.
For more information on which industries may be affected by this rulemaking, see our coverage of the proposed rule published in October 2017.  


Who Is Excluded?

Not every facility that has mercury on site will be required to report. The following groups are not covered by the new mercury reporting requirement:
 
  • Persons who only generate, handle, or manage mercury-containing wastes
  • Persons who only manufacture mercury as an impurity
  • Persons engaged in activities involving mercury not with the purpose of obtaining an immediate or eventual commercial advantage
EPA is also working on exemptions for facilities that already report for mercury and mercury-containing products under TSCA Section 8(a) Chemical Data Reporting, or CDR, and the IMERC Mercury-added Products Database. 


TSCA Training—Anytime, Anywhere

chemicalinventory.jpgLearn 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  
 
 

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