[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30054-30077]
[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:<PHONE_NUMBER>; 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).

     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

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.

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 . . .

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)-.

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

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

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

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

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

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:

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

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.

 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

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

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

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

is requiring electronic reporting of the mercury inventory data, using
an Agency-provided, web-based reporting software to submit mercury