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N.J.A.C. 7:27B–3.10. Procedures for the DATES: This final rule is effective August • All other basic organic chemical determination of volatile organic 27, 2018. manufacturing (NAICS code 325199). compounds in surface coating ADDRESSES: The docket for this action, • Plastics material and resin formulations identified by docket identification (ID) manufacturing (NAICS code 325211). N.J.A.C. 7:27B–3.11. Procedures for the • Pesticide and other agricultural determination of volatile organic number EPA–HQ–OPPT–2017–0421, is compounds emitted from transfer available at http://www.regulations.gov chemical manufacturing (NAICS code operations using a flame ionization or at the Office of Pollution Prevention 325320). • detector (FID) or non-dispersive infrared and Toxics Docket (OPPT Docket), Medicinal and botanical analyzer (NDIR) Environmental Protection Agency manufacturing (NAICS code 325411). • N.J.A.C. 7:27B–3.12. Procedures for the Docket Center (EPA/DC), West William Pharmaceutical preparation determination of volatile organic Jefferson Clinton Bldg., Rm. 3334, 1301 manufacturing (NAICS code 325412). • compounds in cutback and emulsified Constitution Ave. NW, Washington, DC. Biological product (except asphalts diagnostic) manufacturing (NAICS code N.J.A.C. 7:27B–3.13. Procedures for the The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 325414). determination of leak tightness of • Paint and coating manufacturing gasoline delivery vessels Friday, excluding legal holidays. The (NAICS code 325510). N.J.A.C. 7:27B–3.14. Procedures for the direct telephone number for the Public • detection of fugitive volatile organic Reading Room is (202) 566–1744, and Adhesive manufacturing (NAICS compound leaks code 325520). the telephone number for the OPPT • N.J.A.C. 7:27B–3.15. Procedures for the direct Docket is (202) 566–0280. Please review Custom compounding of purchased detection of fugitive volatile organic resins (NAICS code 325991). the visitor instructions and additional • compound leaks from gasoline tank information about the docket available Photographic film, paper, plate, and trucks and vapor collection systems at http://www.epa.gov/dockets. chemical manufacturing (NAICS code using a combustible gas detector 325992). FOR FURTHER INFORMATION CONTACT: N.J.A.C. 7:27B–3.18. Test methods and • All other miscellaneous chemical For technical information contact: sources incorporated by reference product and preparation manufacturing Thomas Groeneveld, National Program * * * * * (NAICS code 325998). Chemicals Division, Office of Pollution [FR Doc. 2018–13577 Filed 6–26–18; 8:45 am] • Unlaminated plastics film and sheet Prevention and Toxics, Environmental BILLING CODE 6560–50–P (except packaging) manufacturing Protection Agency, 1200 Pennsylvania (NAICS code 326113). Ave. NW, Washington, DC 20460–0001; • Unlaminated plastics profile shape telephone number: (202) 566–1188; ENVIRONMENTAL PROTECTION manufacturing (NAICS code 326121). AGENCY email address: groeneveld.thomas@ • Urethane and other foam product epa.gov. (except polystyrene) manufacturing 40 CFR Part 713 For general information contact: The (NAICS code 326150). TSCA-Hotline, ABVI-Goodwill, 422 [EPA–HQ–OPPT–2017–0421; FRL–9979–74] • All other plastics product South Clinton Ave., Rochester, NY manufacturing (NAICS code 326199). RIN 2070–AK22 14620; telephone number: (202) 554– • Tire manufacturing (NAICS code 1404; email address: TSCA-Hotline@ Mercury; Reporting Requirements for 326211). epa.gov. • the TSCA Mercury Inventory All other rubber product SUPPLEMENTARY INFORMATION: manufacturing (NAICS code 326299). AGENCY: Environmental Protection • I. Executive Summary Iron and steel mills and ferroalloy Agency (EPA). manufacturing (NAICS code 331110). ACTION: Final rule. A. Does this action apply to me? • Rolled steel shape manufacturing You may be potentially affected by (NAICS code 331221). SUMMARY: As required under section • this action if you manufacture Alumina refining and primary 8(b)(10)(D) of the Toxic Substances (including import) mercury or mercury- aluminum production (NAICS code Control Act (TSCA), EPA is finalizing added products, or if you otherwise 331313). reporting requirements for applicable • intentionally use mercury in a Secondary smelting and alloying of persons to provide information to assist manufacturing process. The following aluminum (NAICS code 331314). in the preparation of an ‘‘inventory of • list of North American Industrial Nonferrous metal (except mercury supply, use, and trade in the Classification System (NAICS) codes is aluminum) smelting and refining United States,’’ where ‘‘mercury’’ is not intended to be exhaustive, but rather (NAICS code 331410). defined as ‘‘elemental mercury’’ and ‘‘a • provides a guide to help readers Secondary smelting, refining, and mercury compound.’’ The requirements determine whether this document alloying of nonferrous metal (except apply to any person who manufactures applies to them. Potentially affected copper and aluminum) (NAICS code (including imports) mercury or 331492). entities may include the following: • mercury-added products, or otherwise • Gold ore mining (NAICS code Iron foundries (NAICS code intentionally uses mercury in a 212221). 331511). • manufacturing process. Based on the • Lead ore and zinc ore mining Steel foundries (except investment) inventory of information collected, the (NAICS code 212231). (NAICS code 331513). Agency is directed to ‘‘identify any • All other metal ore mining (NAICS • Fabricated structural metal manufacturing processes or products code 212299). manufacturing (NAICS code 332312). that intentionally add mercury; and . . . • Asphalt shingle and coating • Industrial valve manufacturing recommend actions, including proposed materials manufacturing (NAICS code (NAICS code 332911). revisions of Federal law or regulations, 324122). • Ammunition except small arms to achieve further reductions in mercury • Synthetic dye and pigment manufacturing (NAICS code 332993). use.’’ At this time, EPA is not making manufacturing (NAICS code 325130). • Small arms, ordnance, and such identifications or • Other basic inorganic chemical ordnance accessories manufacturing recommendations. manufacturing (NAICS code 325180). (NAICS code 332994).

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• All other miscellaneous fabricated • Household laundry equipment requires reporting from any person who metal product manufacturing (NAICS manufacturing (NAICS code 335224). manufactures (including imports) code 332999). • Other major household appliance mercury or mercury-added products, or • Food product machinery manufacturing (NAICS code 335228). otherwise intentionally uses mercury in manufacturing (NAICS code 333294). • Switchgear and switchboard a manufacturing process. EPA published • Office machinery manufacturing apparatus manufacturing (NAICS code its initial inventory report in the (NAICS code 333313). 335313). Federal Register on March 29, 2017 • Other commercial and service • Relay and industrial control (Ref. 1), which noted data gaps and industry machinery manufacturing manufacturing (NAICS code 335314). limitations encountered by the Agency (NAICS code 333319). • Primary battery manufacturing in its historic reliance on publicly • Heating equipment (except warm (NAICS code 335912). available data on the mercury market in air furnaces) manufacturing (NAICS • Current-carrying wiring device the United States. As stated in the initial code 333414). manufacturing (NAICS code 335931). inventory report, ‘‘[f]uture triennial • Air-conditioning and warm air • All other miscellaneous electrical inventories of mercury supply, use, and heating equipment and commercial and equipment and component trade are expected to include data industrial refrigeration equipment manufacturing (NAICS code 335999). collected directly from persons who manufacturing (NAICS code 333415). • Automobile manufacturing (NAICS manufacture or import mercury or • Pump and pumping equipment code 336111). mercury-added products, or otherwise manufacturing (NAICS code 333911). • Light truck and utility vehicle • intentionally use mercury in a Bare printed circuit board manufacturing (NAICS code 336112). manufacturing process’’ (Ref. 1). These manufacturing (NAICS code 334412). • • Heavy duty truck manufacturing reporting requirements will help the Semiconductor and related device (NAICS code 336120). Agency narrow such data gaps, prepare manufacturing (NAICS code 334413). • • Motor home manufacturing (NAICS subsequent, triennial publications of the Other electronic component code 336213). inventory, and execute the mandate to manufacturing (NAICS code 334419). • Travel trailer and camper ‘‘identify any manufacturing processes • Electromedical and manufacturing (NAICS code 336214). or products that intentionally add electrotherapeutic apparatus • Other aircraft parts and auxiliary mercury; and . . . recommend actions, manufacturing (NAICS code 334510). equipment manufacturing (NAICS code • Search, detection, navigation, including proposed revisions of Federal 336413). law or regulations, to achieve further guidance, aeronautical, and nautical • Boat building (NAICS code 336612). reductions in mercury use’’ (15 U.S.C. system and instrument manufacturing • Motorcycles and parts 2607(b)(10)(C)). (NAICS code 334511). manufacturing (NAICS code 336991). In addition, this information could be • Automatic environmental control • Surgical and medical instrument used by the U.S. Government to assist manufacturing for residential, manufacturing (NAICS code 339112). in its national reporting regarding its commercial, and appliance use (NAICS • Costume jewelry and novelty implementation of the Minamata code 334512). manufacturing (NAICS code 339914). Convention on Mercury (Minamata • Instruments and related products • Game, toy, and children’s vehicle Convention), to which the United States manufacturing for measuring, manufacturing (NAICS code 339932). is a Party (Ref. 2). The Minamata displaying, and controlling industrial • Sign manufacturing (NAICS code Convention is an international process variables (NAICS code 334513). 339950). • Totalizing fluid meter and counting environmental agreement that has as its • Other chemical and allied products device manufacturing (NAICS code objective the protection of human health merchant wholesalers (NAICS code 334514). and the environment from 424690). • Instrument manufacturing for anthropogenic emissions and releases of • Research and development in the measuring and testing electricity and elemental mercury and mercury physical, engineering, and life sciences electrical signals (NAICS code 334515). compounds. Article 21 of the • Analytical laboratory instrument (except biotechnology) (NAICS code Convention requires Parties to include 541712). in their national reports, among other manufacturing (NAICS code 334516). • • Watch, clock, and part Hazardous waste treatment and information, information demonstrating disposal (NAICS code 562211). that the Party has met the requirements manufacturing (NAICS code 334518). • • Other measuring and controlling Other nonhazardous waste of Article 3 on Mercury Supply Sources device manufacturing (NAICS code treatment and disposal (NAICS code and Trade and of Article 5 on 562219). Manufacturing Processes in Which 334519). • • Electric lamp bulb and part Materials recovery facilities (NAICS Mercury or Mercury Compounds Are manufacturing (NAICS code 335110). code 562920). Used. EPA intends to use the collected • • Commercial, industrial, and National security (NAICS code information from the mercury inventory institutional electric lighting fixture 928110). to implement TSCA and assist in its manufacturing (NAICS code 335122). B. What action is the Agency taking? national reporting for the Minamata • Other lighting equipment Convention as well as to shape the manufacturing (NAICS code 335129). EPA is issuing a final rule under Agency’s efforts to reduce the use of • Electric house wares and household TSCA section 8(b)(10) to require mercury in commerce. In so doing, the fan manufacturing (NAICS code reporting to assist in the preparation of Agency will conduct a timely evaluation 335211). ‘‘an inventory of mercury supply, use, and refinement of these reporting • Household vacuum cleaner and trade in the United States,’’ where requirements so that they are efficient manufacturing (NAICS code 335212). ‘‘mercury’’ is defined as ‘‘elemental and non-duplicative for reporters. • Household cooking appliance mercury’’ and ‘‘a mercury compound.’’ EPA issued the proposed rule for this manufacturing (NAICS code 335221). Hereinafter ‘‘mercury’’ will refer to both action in the Federal Register on • Household refrigerator and home elemental mercury and mercury October 26, 2017 with a December 26, freezer manufacturing (NAICS code compounds collectively, except where 2017 deadline for comments (Ref. 3); in 335222). separately identified. This final rule response to two requests, the deadline

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was extended to January 11, 2018 (Ref. the Interstate Mercury Education and public; increase program efficiency and 4). Based on comments received, the Reduction Clearinghouse (IMERC) effectiveness; and improve the integrity, Agency modified the regulatory text to Mercury-added Products Database, quality, and utility of information to all improve the logic and flow of sections, respectively. Such reporters are not users within and outside an agency, to clarify various terms and reporting required to respond to certain data including capabilities for ensuring requirements, and to eliminate several elements of the mercury reporting dissemination of public information, quantitative reporting requirements. application that are comparable to data public access to Federal Government Such issues are discussed in greater they also report in response to CDR and information, and protections for privacy detail in Unit III. and the Response to IMERC reporting requirements. and security (44 U.S.C. 3506). Comments document for this rule (Ref. C. Why is the Agency taking this action? TSCA section 2 expresses the intent of 5). Congress that EPA carry out TSCA in a EPA is issuing this final rule under The reporting requirements for reasonable and prudent manner and in TSCA section 8(b)(10) to require supply, use, and trade of mercury consideration of the impacts that any reporting to assist in the preparation of include activities that are established action taken under TSCA may have on TSCA terms: Manufacture, import, the statutorily-required inventory of the environment, the economy, and distribution in commerce, storage, and mercury supply, use, and trade in the society. EPA will manage and leverage export. The reporting requirements also United States. As indicated in the initial its information resources, including apply to otherwise intentional use of inventory report (Ref. 1), this final rule information technology, and the Agency mercury in a manufacturing process. will support future triennial is requiring the use of electronic Persons who manufacture (including publications of the mercury inventory reporting to implement the mercury import) mercury or mercury-added by establishing reporting requirements inventory reporting requirements of products, or otherwise intentionally use and an electronic application and TSCA section 8(b)(10)(D) in a reasonable mercury in a manufacturing process, are database to collect, store, and analyze and prudent manner. required to report amounts of mercury information provided by applicable in pounds (lbs.) used in such activities respondents. In administering this E. What are the estimated incremental during a designated reporting year. mercury inventory, the Agency will impacts of the final rule? Reporters also are required to identify ‘‘identify any manufacturing processes specific mercury compounds, mercury- or products that intentionally add EPA prepared an economic analysis of added products, manufacturing mercury; and . . . recommend actions, the potential impacts associated with processes, and how mercury is used in including proposed revisions of Federal this rulemaking (Ref. 6). The chief manufacturing processes, as applicable, law or regulations, to achieve further benefit of the final rule is the collection from preselected lists. For certain reductions in mercury use’’ (15 U.S.C. of detailed data on mercury, which will activities, reporters are required to 2607(b)(10)(C)). serve as a basis to recommend actions provide additional, contextual data (e.g., to further reduce mercury use in the NAICS codes for mercury or mercury- D. What is the Agency’s authority for United States, as required at TSCA added products distributed in taking this action? section 8(b)(10)(C). Another benefit is commerce). EPA is issuing this rule pursuant to the use of information collected under The finalized reporting requirements TSCA section 8(b)(10)(D) to implement the final rule to help the United States do not apply to: (1) Persons who do not the direction at TSCA section implement its obligations under the first manufacture, import, or otherwise 8(b)(10)(B) that ‘‘[n]ot later than April 1, Minamata Convention. While there are intentionally use mercury; (2) persons 2017, and every 3 years thereafter, the no quantified benefits for the final rule, who only generate, handle, or manage Administrator shall carry out and the statutory mandate specifically calls mercury-containing waste; (3) persons publish in the Federal Register an for and authorizes a rule to support an who only manufacture mercury as an inventory of mercury supply, use, and inventory of mercury supply, use, and impurity; and (4) persons engaged in trade in the United States.’’ TSCA trade in the United States, to identify activities involving mercury not with section 8(b)(10)(D) requires EPA to any manufacturing processes or the purpose of obtaining an immediate promulgate a final rule by June 22, 2018 products that intentionally add or eventual commercial advantage (see that establishes reporting requirements mercury, and to recommend actions to Unit III.D.2.). Within the category of applicable to any person who achieve further reductions in mercury persons who must report, there are manufactures mercury or mercury- use. As described in the Agency’s certain persons who are not required to added products or otherwise economic analysis, unquantified provide specific data elements. To avoid intentionally uses mercury in a benefits include providing increased reporting that is unnecessary or manufacturing process to assist in the information on mercury and assisting in duplicative, the Agency is finalizing preparation of the inventory. the reduction of mercury use (Ref. 6). To certain exemptions for persons who In addition, the Paperwork Reduction the extent that the information gathered already report for mercury and mercury- Act (PRA) requires Federal agencies to through this rule is used to reduce added products to the TSCA section 8(a) manage information resources to reduce mercury use, benefits to society may Chemical Data Reporting (CDR) rule and information collection burdens on the 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 pub- lic) 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.

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TABLE 1—SUMMARY OF COSTS AND BENEFITS—Continued

Category Description

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 be subject to the rule’s requirements, which apply to entities that manu- Tribal Governments. facture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a man- ufacturing 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 im- pacted 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 reporting required by this final rule will be used to inform the Agency’s deci- Protection of Children. sion-making process regarding chemicals to which minority or low-income populations or children may be dis- proportionately exposed. This information will also assist the Agency and others in determining whether ele- mental mercury and mercury compounds addressed in this final rule present potential risks, allowing the Agen- cy and others to take appropriate action to investigate and mitigate those risks.

II. Background state reports and databases, among other Waste Management Officials’ sources, to assemble a collection of Association, which administers the A. Recent Amendments to TSCA and available information on mercury, IMERC database, as directed by TSCA the Initial Inventory mercury-added products, and section 8(b)(10)(D)(ii). The Frank R. Lautenberg Chemical manufacturing processes involving C. Public Comments Safety for the 21st Century Act mercury (Ref. 1). In reviewing data (Lautenberg Act) (Pub. L. 114–182, 130 obtained, the Agency found that its During the public comment period Stat. 448), enacted on June 22, 2016, baseline of data lacked the specificity (October 26, 2017 to January 11, 2018) implemented reforms to TSCA (15 and level of detail required to develop for the proposed rule, EPA received 89 U.S.C. 2601 et seq.). Among other a mercury inventory responsive to comments. After careful review, the changes to TSCA, the Lautenberg Act TSCA section 8(b)(10)(D) or to be useful Agency determined that 27 of those amended TSCA section 8(b) to require to inform mercury use reduction efforts comments were substantively or EPA to establish: (1) An inventory of for both the public and private sectors procedurally relevant to the proposed mercury supply, use, and trade in the (Ref. 1). In 2015, to develop its rule, while 55 comments were not United States; and (2) reporting understanding of domestic mercury applicable, germane, or responsive. EPA requirements by rule applicable to any supply and trade, the Agency collected received six comments generally person who manufactures mercury or information on the quantity of mercury supportive of the proposed rule and one mercury-added products or otherwise sold in the United States for the years comment related to mercury use, but intentionally uses mercury in a 2010 and 2013 from five companies exceeded the Agency’s understanding of manufacturing process not later than identified as the primary recyclers and the statutory scope of ‘‘mercury supply, June 22, 2018 (15 U.S.C. 2607(b)(10)). distributors of mercury in the United use, and trade in the United States.’’ All Information collected per the reporting States (Ref. 7), which revealed a gap comments received are identified by requirements will be used to between available data on the amount of docket identification (ID) number EPA– periodically update the mercury mercury within sold mercury-added HQ–OPPT–2017–0421 and available at inventory; identify any manufacturing products and the amount of bulk https://www.regulations.gov. Included processes or products that intentionally elemental mercury sold in the United in this docket is the Response to add mercury; and recommend actions, States. Additional Agency research Comments document for this rule including proposed revisions of federal identified a data gap for the amount of (Ref. 5). law or regulations, to achieve further mercury in exported mercury-added III. Provisions of This Final Rule reductions in mercury use (15 U.S.C. products. The Agency also is seeking to 2607(b)(10)(B) and (C)). The Lautenberg identify and differentiate between the This final rule provides for the Act also added certain mercury amount of mercury in imported versus collection of information that allows compounds to the TSCA section 12(c) domestically manufactured mercury- EPA to implement statutory ban on export of elemental mercury and added products. EPA is committed to requirements at TSCA section authorized EPA to ban the export of further addressing such data gaps and 8(b)(10)(B), which directs that ‘‘[n]ot additional mercury compounds by rule. considers the national mercury later than April 1, 2017, and every 3 Additional information on the inventory mandated by Congress to be years thereafter, the Administrator shall Lautenberg Act is available on EPA’s an instrumental means to establish the carry out and publish in the Federal website at https://www.epa.gov/ requisite body of information to support Register an inventory of mercury assessing-and-managing- achievement of that goal. supply, use, and trade in the United chemicalsunder-tsca/frank-r-lautenberg- B. Stakeholder Involvement States’’. Based on the inventory, the chemical-safety-21st-century-act. Agency is directed to ‘‘identify any Prior to developing its initial In developing the proposed rule, the manufacturing processes or products inventory, EPA reviewed federal and Agency coordinated with the Northeast that intentionally add mercury; and . . .

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recommend actions, including proposed A. Definition of Mercury not excluded from reporting under this revisions of Federal law or regulations, TSCA section 8(b)(10)(A) states final rule. to achieve further reductions in mercury ‘‘notwithstanding [TSCA] section The Agency proposed that where EPA use.’’ EPA’s rationale for fulfilling 3(2)(B), the term ‘mercury’ means . . . distinguishes between elemental specific statutory provisions and terms, elemental mercury; and . . . a mercury mercury and mercury compounds, including summaries of public compound.’’ As such, the definition for elemental mercury be limited to comments received and Agency mercury at TSCA section 8(b)(10)(A) elemental mercury as described by its responses and determinations for the supersedes the exclusions for ‘‘chemical Chemical Abstracts Service Registry final rule, are set forth by topic as substances’’ described in TSCA section Number (CASRN 7439–97–6) and follows. Some of these issues are 3(2)(B) that would otherwise apply to mercury compounds be inclusive of all discussed in greater detail in the mercury, mercury-added products, or instances where elemental mercury or a Response to Comments document for otherwise intentional uses of mercury in mercury compound is reacted with this rule (Ref. 5), which is available at manufacturing processes. For example, another chemical substance. Examples docket ID number EPA–HQ–OPPT– any ‘‘drug, cosmetic, or device’’ as of mercury compounds in the TSCA 2017–0421 at https:// described in TSCA section 3(2)(B)(vi), Chemical Substance Inventory are listed www.regulations.gov. should such items contain mercury, are 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]diazenyl]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]]diphenyldi-. 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)-.

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TABLE 2—LIST OF MERCURY COMPOUNDS—Continued

Chemical Abstracts Service Registry No. Mercury compound

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 U.S.C. 2607(b)(10)(B)) and to develop term storage; otherwise intentionally requesting an explanation for the identifications and recommendations to use mercury in a manufacturing process; Agency decision to not adopt the reduce the use of mercury (15 U.S.C. impurities present in a final product; definition for ‘‘mercury compound’’ 2607(b)(10)(C)); nonetheless, EPA commercial purposes; mercury-added used by the Minamata Convention (‘‘any believes the resulting reporting will products and components; and substance consisting of atoms of assist the United States in implementing ‘‘persons.’’ As described in Unit III.A., mercury and one or more atoms of other the Minamata Convention. the Agency did not define specific terms chemical elements that can be separated In regard to establishing a for purposes of the mercury inventory in into different components only by concentration limit for elemental the regulatory text. Instead, the Agency chemical reactions’’) (Ref. 8). Another mercury, the statutory text at TSCA considered and synthesized commenter requested that the Agency section 8(b)(10)(A)(i) uses the term descriptions of applicable definitions clarify whether there is a concentration ‘‘elemental mercury’’ without found in TSCA and implementing limit for classifying a material as qualification. Therefore, the Agency regulations, as well as the Minamata elemental mercury and if EPA intends believes that it is appropriate to identify Convention. to require parties to report the elemental mercury by use of its CASRN • Mercury Handled as Waste, manufacture or use of all mercury and without a concentration limit. Including Elemental Mercury Destined compounds, or only those that are listed for Long-Term Storage. EPA received B. Explanation of Supply, Use, and on the TSCA Inventory (Ref. 9). comments on reporting of mercury by Trade Consistent with the discussion in the facilities that certify that their stored proposed rule, the Agency did not 1. Overview of the Proposed Scope. elemental mercury will not be sold,1 define specific terms for purposes of the Pursuant to TSCA section 8(b)(10)(B), including instances where mercury is mercury inventory in the regulatory EPA interprets the scope of the mercury produced as a mining byproduct and is text. Instead, the Agency considered and inventory to include activities within managed as a hazardous waste (Ref. 10; synthesized descriptions of applicable the domestic and global commodity Ref. 11; Ref. 12). Other comments definitions found in TSCA and mercury market that fall under ‘‘supply, addressed imported mercury-containing implementing regulations, as well as the use, and trade of mercury in the United materials or wastes from which mercury Minamata Convention. To that end, EPA States.’’ An inventory that adequately can be recovered. Commenters proposed that ‘‘elemental mercury be accounts for mercury in supply, use, emphasized that any exemption should limited to elemental mercury (CASRN and trade includes activities of persons 7439–97–6) and mercury compounds be who must report as described in TSCA 1 Under section 6939f(g)(2) of the Resource inclusive of all instances where section 8(b)(10)(D)(i): Manufacture, Conservation and Recovery Act (RCRA) (42 U.S.C. import, and otherwise intentionally use 6939f(g)(2)), U.S. Department of Energy is required elemental mercury or a mercury to establish a facility by 2019 ‘‘for the purpose of compound is reacted with another mercury in a manufacturing process. As long-term management and storage of elemental chemical substance’’ (Ref. 3). In regard such, the Agency proposed that persons mercury generated within the United States.’’ Until to the definition of ‘‘mercury required to report to the mercury that facility is operational, the elemental mercury inventory also include information on can be stored at facilities with RCRA permits, or compound’’ set forth in the Minamata onsite at some mining operations that generate Convention, EPA finds the language in distribution in commerce, storage, and elemental mercury. In both cases, the facility is the proposed rule to be clear and export to provide for the requisite allowed to store elemental mercury waste (without comparable to the definition under the inventory of mercury supply, use, and regard to the RCRA prohibition on hazardous waste trade in the United States (Ref. 3). storage in lieu of treatment and disposal) until the Minamata Convention. EPA is therefore planned DOE facility is operational and accepts retaining its proposed characterization. 2. Comments Related to Terminology. elemental mercury for long-term management and EPA also provides an extensive, though The Agency received comments storage. All facilities or companies storing waste in not comprehensive, list of compounds requesting clarification of the this manner, whether in the mining sector or not, descriptions of various terms, including: are required to certify in writing to the DOE that for which reporting is required based on they will store the mercury under certain CASRN. EPA’s statutory obligations are Mercury handled as waste, including conditions set forth in RCRA, including not selling to prepare the mercury inventory (15 elemental mercury destined for long- the mercury.

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

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

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United States. TSCA, as of January 1, • Manufacture (other than import) of chemical releases to air, water and land 2020, will also prohibit the export of a mercury-added product; or from industrial facilities and pollution certain mercury compounds: Mercury (I) • Intentional use of mercury in a prevention activities in the United chloride or calomel; mercury (II) oxide; manufacturing process. States; and mercury (II) sulfate; mercury (II) nitrate; In addition, the following activities • The U.S. International Trade and cinnabar or mercury sulphide (the are part of supply, use, and trade of Commission Interactive Trade DataWeb statute uses the term ‘‘mercury mercury: (USITC DataWeb), which provides U.S. sulphide’’ which is an alternative • Distribution in commerce, international trade statistics and U.S. spelling of ‘‘mercury sulfide’’ as found including domestic sale or transfer, of tariff data to the public. in Table 2) (15 U.S.C. 2611(c)(7)). mercury; After reviewing these reporting In the proposed rule, the Agency • Distribution in commerce, programs, EPA designed the reporting noted that the inventory would benefit including domestic sale or transfer, of requirements in this rule to be least from the recent totals of at least one mercury-added products or products burdensome for reporters already cycle of reporting prior to the effective that result from the intentional use of familiar with IMERC, CDR, TRI, and date of the prohibition for exporting mercury in a manufacturing process; USITC DataWeb protocols (Ref. 3). mercury compounds subject to TSCA • Storage of mercury; Therefore, the Agency is incorporating section 12(c)(7) to measure trends in • Export of a mercury compound comparable reporting concepts and tools supply, use, and trade and provide a (unless specifically prohibited); or from each program, as well as not baseline for comparison of the changes • Export of mercury-added products requiring reporting in certain instances in the amounts of other mercury or products that result from the to increase the efficacy while decreasing compounds exported after the 2020 intentional use of mercury in a the burden to the greatest extent effective date (Ref. 3). The Agency manufacturing process. practicable for reporting to a national received comments supporting the As described in greater detail in Unit mercury inventory. collection of such data: (1) To fulfill the III.D., persons must first engage in the 1. Reporting Requirements for express Congressional mandate to manufacture (including import) of Existing CDR and IMERC Reporters. The provide data on trade; (2) to determine mercury or mercury-added products or Agency received several comments the precise impact of the mercury otherwise intentionally use mercury in related to persons who submit mercury- compound export ban and associated a manufacturing process to be required related information to the Chemical trends, which would allow EPA to to report to the mercury inventory. Data Reporting database or the IMERC Mercury-added Products Database. In recommend whether the export ban C. Coordination With Existing Reporting regard to reporting requirements should be further expanded to other Programs compounds; and (3) to uphold applicable to both CDR and IMERC obligations of the United States under TSCA section 8(b)(10)(D)(ii) directs reporters, two commenters identified the Minamata Convention (Ref. 11; Ref. the Agency to ‘‘coordinate the reporting discrepancies (e.g., non-alignment of 12). Thus, the Agency requires one-time . . . with the Interstate Mercury reporting year/frequency and efforts to reporting for those five compounds. Education and Reduction prohibit duplicative reporting) in the Conversely, reporting for exports of Clearinghouse’’ to avoid duplication. Agency’s bifurcated reporting mercury compounds that are not Furthermore, TSCA section 8(a)(5)(a) requirements for persons currently prohibited from export by TSCA section states ‘‘[i]n carrying out [TSCA section required to report to the IMERC 12(c)(7) is required for every collection 8], the Administrator shall, to the extent Mercury-Added Products Database and period. EPA previously determined that feasible . . . not require reporting under the CDR rule, and those who are mercury-added products (including which is unnecessary or duplicative.’’ not (Ref. 11; Ref. 12). Another those containing elemental mercury or The Agency seeks to avoid collecting commenter expressed concerns mercury compounds prohibited from data on mercury that would duplicate regarding the non-alignment of EPA and export) generally are not prohibited information already reported to existing IMERC reporting years (Ref. 23). Some from export and, therefore, are subject to state and federal programs, and to commenters argued that reporting such the reporting requirements set forth in coordinate with and complement those information to multiple systems would this rule. reporting programs as much as possible. not be economically burdensome 5. Revised Descriptions of Supply, Use While developing this rule (Ref. 3), EPA because the costs are relatively small and Trade Activities. Based on reviewed four data collection systems and would not be duplicative because comments received and the discussion applicable to supply, use, and trade of the reporting to different systems would presented elsewhere in Unit III.D., EPA mercury (including mercury-added occur in different years (Ref. 11; Ref. modified the specific descriptions of products and mercury used in 12). Of particular concern to one supply, use, and trade activities to more manufacturing processes): commenter was a possible negative accurately reflect the language of TSCA • The IMERC Mercury-added impact on the accuracy of the mercury section 8(f) and the Agency’s Products Database, an online reporting inventory and the EPA’s ability to make interpretation of the statutory mandate database managed by the Northeast recommendations to reduce the use of at TSCA section 8(b)(10)(C)(i). Thus, the Waste Management Officials’ mercury (Ref. 11). Conversely, two Agency is requiring reporting of the Association (NEWMOA), which commenters supported the proposed following activities when intentionally provides publicly available, national approach to not require reporting from undertaken to introduce mercury into data on mercury used in products; persons reporting comparable supply, use, and trade in the United • The TSCA section 8(a) Chemical information to IMERC, although one States with the purpose of obtaining an Data Reporting rule, which collects commenter also supported alignment of immediate or eventual commercial manufacturing, processing, and use the reporting years and requested that advantage: information on certain chemical EPA codify a full exemption for • Import of mercury; substances manufactured (including manufacturers, including importers, that • Manufacture (other than import) of imported) in the United States; already report to IMERC (Ref. 17; Ref. mercury; • The Toxics Release Inventory (TRI) 24). Finally, the Agency received • Import of a mercury-added product; program, which collects data on toxic comments recommending that EPA

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adopt IMERC’s submission deadline for TSCA section 8(a)(5). The Agency’s goal agencies (e.g., pharmaceuticals) (Ref. reporting (April 1, 2020 and every three is to create a ‘‘comprehensive inventory 13). The commenter cited drugs, as years thereafter) (Ref. 9; Ref. 18; Ref. 23; such that existing data gaps would be regulated by FDA, and animal vaccines, Ref. 24). Such issues are discussed in eliminated, where feasible [and] . . . as regulated by the U.S. Department of greater detail in the Response to complement amounts of quantitative Agriculture (USDA), and noted that Comments document for this rule (Ref. mercury data already collected by, but FDA and USDA regulations already 5). without overlapping with, reporting require reporting information regarding As discussed in the proposed rule, requirements,’’ as well as ‘‘decrease the the use of mercury in these products EPA cited TSCA section 8(a)(5)(A) as a burden of reporting to the greatest and, therefore, should not be collected basis for avoiding the collection of data extent practicable’’ (Ref. 3). These goals by EPA. that duplicated information already are guided by statutory mandates not The Agency disagrees. While these reported to the four data collection only in TSCA section 8(b)(10), but also agencies may regulate mercury, they do systems applicable to the supply, use, in TSCA section 8(a)(5). Thus, while not collect the data necessary to support and trade of mercury: IMERC, CDR, TRI, recognizing that there is a non- the national inventory required by and USITC DataWeb (Ref. 3). The alignment of CDR and IMERC reporting TSCA section 8(b)(10). As such, EPA Agency considered multiple, existing years, the Agency believes does not view the reporting reporting systems that gather supplementing data reported through requirements to be duplicative of the comparable data related to mercury this rule with data from CDR and requirements highlighted by the pursuant to statutory text (15 U.S.C. IMERC creates a totality of available commenter and, therefore, is not 2607(a)(5)(A)). EPA also considered data that will provide an adequate basis exempting reporting of such uses of provisions of TSCA section 8(a)(5) that to observe long-term trends in mercury mercury. direct the Agency to ‘‘minimize the cost supply, use, and trade. As such, the D. Persons and Information Subject to of compliance with this section and the Agency determined that requiring This Rulemaking rules issued thereunder on small reporting for comparable data to two manufacturers and processors; and . . . systems would be duplicative even if TSCA section 8(b)(10)(D)(i) states apply any reporting obligations to those the CDR and IMERC data represent ‘‘any person who manufactures mercury persons likely to have information information from different years. or mercury-added products or otherwise relevant to the effective implementation Therefore, requiring duplicative data to intentionally uses mercury in a of this subchapter’’ (15 U.S.C. be reported from reporters who also manufacturing process shall make 2607(a)(5)(B) and (C)). In regard to report to CDR and IMERC would result periodic reports to the Administrator.’’ comments arguing that requiring in additional burden and is As explained in Unit III.B., EPA reporting for comparable data in two unnecessary. interprets the statutory text at TSCA different systems is not duplicative if Finally, EPA understands the interest sections 8(b)(10)(B), 8(b)(10)(D)(i), and the reporting occurs in different years, in aligning with IMERC’s submission 8(b)(10)(D)(iii) as applying to intentional the Agency maintains that this is a deadline. However, the statutorily acts that introduce mercury into supply, duplication of effort and EPA does not mandated publication date for the use, and trade in the United States. EPA agree with the commenters’ argument mercury inventory was April 1, 2017 reads TSCA section 8(b)(10)(D)(i) to that the addition or avoidance of burden and every three years thereafter, which narrow potential reporters to persons is not significant if it is relatively small. falls on IMERC’s data submission date. who first manufacture mercury or The language at TSCA section 8(a)(5) EPA has a legal responsibility to publish mercury-added products or otherwise directs the Agency avoid duplicative on or before the date set forth in TSCA intentionally use mercury in a reporting and reduce burden ‘‘to the section 8(b)(10)(B), which means that manufacturing process prior to other extent feasible.’’ Because EPA is able to EPA must publish the inventory on or activities such as storage, distribution, obtain comparable data via EPA’s CDR before the day IMERC reporters must and export. Descriptions of persons who program or in coordination with IMERC, submit data to IMERC. While mindful of must report under this rule and tables the Agency finds not requiring the incongruities in reporting frequency and illustrating applicable reporting reporting of overlapping reporting to the years, EPA believes that the reporting requirements are detailed in Unit III.D.1. mercury inventory to be a feasible schedule and achieve this goal to the 1. Persons Who Must Report. In approach. To the extent that data greatest extent practicable. As a result, addition to persons described in the elements may not align per differences the reporting requirements, including following subsections and tables, EPA in reporting years and frequency, the efforts to incorporate data collected by will provide examples of persons who Agency does not view such CDR and IMERC while avoiding overlap will and will not be required to report discrepancies to be prohibitive of its among CDR and IMERC data elements, under this regulation in reporting ability to carry out statutory obligations will enhance its ability to collect and instructions and other support at TSCA sections 8(b)(10)(B) and (C). publish robust data on mercury supply, materials. Based on comments received, the use, and trade in the United States (15 a. Persons Who Manufacture Agency is clarifying that a person who U.S.C. 2607(b)(10)(B)) and to ‘‘identify (Including Import) Mercury. As currently reports to CDR or IMERC is any manufacturing processes or described in Unit III.C., the Agency not categorically exempt from the products that intentionally add sought to decrease the burden of mercury inventory reporting mercury; and . . . recommend actions, reporting to the greatest extent requirements set forth in this rule. including proposed revisions of Federal practicable by, among other things, Instead, the bifurcated reporting law or regulations, to achieve further complementing without overlapping structure is designed to omit only those reductions in mercury use’’ (15 U.S.C. existing reporting requirements related quantitative data elements already 2607(b)(10)(C)). to mercury and mercury-added collected by CDR and IMERC to avoid 2. Reporting Requirements for products. As such, persons who duplication in the collection, Products Regulated by Other Federal manufacture (including import) in calculation, verification, review, Agencies. One commenter requested excess of 2,500 lbs. for elemental certification, reporting, and that EPA not require reporting for uses mercury or in excess of 25,000 lbs. for maintenance of records pursuant to of mercury regulated by other federal mercury compounds for a specific

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

TABLE 3—INFORMATION TO REPORT—MERCURY

Persons who must report Applicable reporting requirements

Persons who manufacture (including import) mercury in amounts great- —Country(ies) of origin for imported mercury. er than or equal to 2,500 lbs. for elemental mercury or greater than —Country(ies) of destination for exported mercury. or equal to 25,000 lbs. for mercury compounds for a specific report- —Amount of mercury stored (lbs.). ing 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 (including import) mercury ...... —Amount of 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 assembled products that contain a product) (Ref. 9; Ref. 13; Ref. 17; Ref. 18; Import Mercury-added Products. EPA component that is a mercury-added Ref. 26). Commenters requesting that the proposed to require reporting for the product, the Agency also considered the Agency require reporting for products manufacture (including import) of degree to which certain importers that contain a component that is a mercury-added products, except for: (1) would know the mercury content, if mercury-added product believe that the Import of an assembled product that any, of the assembled products they proposed approach would contains mercury solely within a import, as well as the additional underestimate mercury use in products component that is a mercury-added breadth, and therefore burden, that and hamper EPA’s ability to fill data product; and (2) domestic manufacture including such imports at this time gaps and make further of an assembled product unless the would entail. The Agency notes that its recommendations for mercury person first manufactures or imports the specific reporting requirements (see reductions. The commenters also argued mercury-added product that can be used Unit III.D.4.b.) include mercury-added that not requiring reporting for products as a component. The Agency products that are likely to be used as that contain mercury-added components determined that this distinction was components in assembled products. As is neither authorized by nor consistent appropriate after reviewing the data discussed in this section, EPA’s with the purpose of the statute and is reported to the IMERC Mercury-Added combined general, specific, and inconsistent with IMERC and Minamata Products Database and comparing the contextual reporting requirements are Convention definitions of ‘‘mercury- companies that reported national sales designed not only to provide added product.’’ Such issues are data for individual mercury-added information that are expected to identify discussed in greater detail in the products (including components), as mercury-added products that are Response to Comments document for well as items that contain a component components within assembled products, this rule (Ref. 5). that is a mercury-added product (Ref. but also to avoid unnecessary, The statutory text describes who must 25). For example, the IMERC database duplicative, and burdensome reporting report to the mercury inventory: ‘‘any lists a product name (e.g., flat panel as much as feasible (15 U.S.C. person who manufactures mercury or display, projection TV, make and model 2607(a)(5)). mercury-added products or otherwise of vehicle) and component (e.g., lamp, The Agency received comments intentionally uses mercury in a bulb). In the proposed rule, the Agency related to instances where mercury is manufacturing process . . . at such time cited concerns that requiring reporting present in a product as a component and including such information as the for assembled products where mercury that is a mercury-added product. Some Administrator shall determine by rule’’ is present solely within a previously commenters requested that the Agency (15 U.S.C. 2607(b)(10)(D)(i)). In addition manufactured component would result require reporting for the manufacture to the development of the inventory in double counting and thereby could (including import) of such products itself (15 U.S.C. 2607(b)(10)(B)), the negatively affect the reliability of future (Ref. 11; Ref. 12; Ref. 20; Ref. 23), while Agency interprets the ultimate purpose mercury inventory updates, as well as other commenters supported the of the inventory as identifying the potential to create undue burden for proposed approach to not require such manufacturing processes or products certain importers (Ref. 3). The Agency reporting (e.g., advanced manufacturing that intentionally add mercury and based this determination on its equipment that contains components recommending actions to achieve emphasis on the intentional insertion of that are mercury-added products and further reductions in mercury use (15 mercury into a product as the supply chains where the mercury-added U.S.C. 2607(b)(10)(C)). When introduction of mercury via a mercury- product may be incorporated into developing this rule, the Agency added product into supply, use, and several iterations of other components considered statutory requirements trade in the United States. For imported before being used in a final assembled applicable to all of TSCA section 8:

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

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

TABLE 4—INFORMATION TO REPORT—MERCURY-ADDED PRODUCTS

Persons who must report Applicable reporting requirements

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

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TABLE 5—INFORMATION TO REPORT—OTHERWISE INTENTIONAL USE OF MERCURY IN A MANUFACTURING PROCESS

Persons who must report Applicable reporting requirements

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

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

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

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require (Ref. 27). EPA prepared the collection or reporting deadline. To reporting to a total amount of mercury economic analysis using the best minimize reporting obligations, the used in a year (as opposed to specific available methods, consistent with Agency compared the respective amounts in import, export, manufacture, EPA’s Guidelines for Preparing collection frequencies and reporting and other activities) (Ref. 15; Ref. 24; Economic Analyses (see https:// deadlines for IMERC, the CDR rule, and Ref. 28) to obviate the potential for www.epa.gov/environmental- the TRI program to when EPA is persons to elect to claim data as CBI. economics/guidelines-preparing- required to publish the mercury Commenters were particularly economic-analyses). While individual inventory. TSCA section 8(b)(10)(B) sets concerned where reporting by a few or reporters may experience costs either a publication date for the mercury only a single facility engaged in a higher or lower than those estimated in inventory that falls on the reporting particular manufacturing process could the analysis, the Agency believes that deadline for IMERC: April 1 in a allow competitors to calculate the average costs for the categories of triennial cycle starting in April 2017. proprietary information. Other reporters described are well Data collected under the CDR rule is commenters requested an allowance for represented. submitted to the Agency on a trade associations to collectively submit The Agency also received a comment quadrennial cycle; the next reporting information on behalf of their members, related to the potential burden to small cycle will occur from 2016–2019, with which expressed a preference for businesses (Ref. 30), which expressed a reporting deadline of September 2020. collective reporting to protect against concerns about how the estimated The TRI program collects and publishes the release of proprietary sales data and initial and subsequent annual costs may data on an annual cycle with a reporting other CBI (Ref. 9; Ref. 18). impose a major burden for a small deadline of July 1 of each year. EPA’s mercury reporting application manufacturer, particularly when added Based on such considerations, the will allow multiple roles in creating, to other regulatory costs. EPA intends to Agency determined that coinciding with certifying, and submitting data. minimize the burden on all the triennial IMERC frequency of However, to maintain the alignment of respondents, including small entities, as collection is appropriate given the general, specific, and contextual much as possible. The Agency will mercury inventory publication schedule reporting requirements, EPA requires develop reporting instructions tailored is also triennial. The Agency is setting that separate reports be filed for each to small entities who will be required to the mercury inventory reporting person/company (i.e., not submitted in comply with the reporting requirements. deadline to coincide with the TRI aggregate if an agent assists multiple EPA expects to conduct outreach and program deadline to align with a date persons/companies to develop its webinars for small businesses to with which certain, potential reporters report). In addition, the reporting introduce the reporting database, might already be familiar. Therefore, application is designed as a tool for data explain requirements, and offer Q&A EPA is establishing a July 1st reporting collection only and will accept CBI and other support. Those materials will deadline for 2019 and every three years claims submitted in accordance with be available on the EPA website six thereafter. Data submitted should cover TSCA section 14. Unlike information months prior to the reporting deadline. only the calendar year preceding the provided to IMERC, CDR, and TRI, the Under TSCA section 26(d), EPA also year in which the reporting deadline data received in support of the mercury provides specialized assistance to occurs (e.g., data for calendar year inventory will not be publicly accessible respondents, particularly to small January 1 to December 31, 2018 are in an online database. EPA intends to entities, including technical and other reported on or before July 1, 2019). use these data to fulfill the statutory non-financial assistance to requirements to publish an inventory manufacturers (including importers) G. Recordkeeping (15 U.S.C. 2607(b)(10)(B)) and make and processors of chemical substances. Consistent with the triennial reporting required identifications and EPA’s TSCA Hotline assists small and publication cycle for the mercury recommendations related to mercury businesses complying with TSCA rules inventory, EPA is requiring that each use (15 U.S.C. 2607(b)(10)(C)). EPA does and provides various materials such as person who is subject to the reporting not foresee receiving and handling such copies of Federal Register notices, requirements must retain records that information as CBI as a potential advisories, and other information upon document any information reported to hindrance to Agency processes. As request. Contact information for the EPA. Records relevant to a reporting necessary, EPA will follow established TSCA Hotline is listed under FOR year must be retained for a period of 3 publication policies to aggregate data for FURTHER INFORMATION CONTACT. years beginning on the last day of the public release and will not compromise reporting year. Submitters are confidential business information. E. Frequency of Inventory Publication encouraged to retain their records longer I. Electronic Reporting TSCA section 8(b)(10)(B) sets the date than 3 years to ensure that past records for publication of initial and are available as a reference when new As set forth in the proposed rule, the subsequent, triennial iterations of the submissions are being generated. Agency determined that mandatory mercury inventory to commence on electronic reporting would: (1) April 1, 2017. Therefore, EPA expects to H. Reporting Requirements and Streamline the reporting process and publish the first mercury inventory Confidential Business Information reduce the administrative costs supported by the finalized reporting Reporters to the information associated with information submission requirements by April 1, 2020 and every collection of this rule may claim that and recordkeeping; (2) eliminate paper- three years thereafter. their submitted information is CBI per based submissions as part of broader statutory provisions for CBI under TSCA government efforts to move to modern, F. Frequency of Data Collection and section 14. electronic methods of information Reporting Deadline The Agency received several gathering; (3) allow for more efficient TSCA section 8(b)(10)(D) provides the comments concerning CBI, including data transmittal and a reduction in authority to promulgate this rule to suggestions to allow reporting in ranges errors with the built-in validation assist in the preparation of the triennial and not demarcating specific amounts of procedures; and (4) reduce the reporting inventory publication, but TSCA offers mercury in exports going to specific burden for submitters by reducing the no guidance on the frequency of countries (Ref. 27), as well as limiting cost and time required to review. EPA

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is requiring electronic reporting of the 9. Comment submitted by Lawrence E. Products. (July 26, 2016). Available at mercury inventory data, using an Culleen, Arnold & Porter Kaye Scholer https://www.fda.gov/forconsumers/ Agency-provided, web-based reporting LLP for the Chemical Users Coalition. consumerupdates/ucm294849.htm. software to submit mercury inventory 10. Comment submitted by Peter Webster, [Accessed October 3, 2017]. General Counsel U.S., Barrick Gold 30. Anonymous public comment (EPA–HQ– reports through the internet to EPA’s North America, Inc. OPPT–2017–0421–0038). Central Data Exchange (CDX). CDX 11. Comment submitted by David Lennett, 31. EPA. Collection of Information for provides the capability for submitters to Senior Attorney, Natural Resources Mercury Inventory Reporting Rule; EPA access their data through the use of web Defense Council. ICR No. 2567.02; OMB Control No.: services. For more information about 12. Comment submitted by Carolyn Hanson, 2070–0207. June 20, 2018. CDX, go to http://epa.gov/cdx. Acting Executive Director, The Agency received comments Environmental Council of the States. V. Statutory and Executive Order related to the proposal to require 13. Comment submitted by Stephen Reviews Tarnowski, Office of Corporate Staff electronic reporting, which suggested Counsel, Merck & Co, Inc. Additional information about these that EPA should be prepared to provide 14. Comment submitted by Ross Eisenberg, statutes and Executive Orders can be additional assistance to companies that Vice President, Energy and Resources found at http://www2.epa.gov/laws- may be challenged by an electronic Policy, National Association of regulations/laws-and-executive-orders. reporting system (Ref. 11; Ref. 23). The Manufacturers. Agency appreciates these comments and 15. Comment submitted by Kenneth G. A. Executive Order 12866: Regulatory will develop reporting instructions and Akins, Director, Environmental, Planning and Review and Executive support materials to assist with Westlake Chemical Corporation. Order 13563: Improving Regulation and 16. Comment submitted by Charles Franklin, Regulatory Review reporting to the mercury inventory. Vice President and Counsel, Government Those materials will be available on the Affairs, Portland Cement Association. This action is a significant regulatory EPA website six months prior to the 17. Comment submitted by Amandine action that was submitted to the Office reporting deadline. In addition, the EPA Muskus, Manager, Environment & of Management and Budget (OMB) for CDX maintains a helpdesk contract to Energy Association of Global review under Executive Orders 12866 provide support for CDX users. Automakers, Inc.; Stacy Tatman, Director (58 FR 51735, October 4, 1993) and of Environmental Affairs, Alliance of 13563 (76 FR 3821, January 21, 2011). IV. References Automobile Manufacturers. Any changes made in response to OMB The following is a listing of the 18. Comment submitted by Chris Cleet, QEP, Senior Director of Environment and recommendations have been documents that are specifically Sustainability, Information Technology documented in the docket for this referenced in this document. The docket Industry Council; Katie Reilly, Senior action. includes these documents and other Manager, Environmental and B. Executive Order 13771: Reducing information considered by EPA, Sustainability Policy, Consumer including documents that are referenced Technology Association; Kyle Pistor, Regulations and Controlling Regulatory within the documents that are included Vice President, Government Relations, Costs in the docket, even if the referenced National Electrical Manufacturers This action is subject to the document is not physically located in Association. requirements for regulatory actions 19. Anonymous public comment (EPA–HQ– specified in Executive Order 13771 (82 the docket. For assistance in locating OPPT–2017–0421–0062). these other documents, please consult 20. Comment submitted by Phillip K. Bell, FR 9339, February 3, 2017). EPA the technical person listed under FOR President, Steel Manufacturers prepared an analysis of the estimated FURTHER INFORMATION CONTACT. Association. costs and benefits associated with this 1. EPA. Mercury; Initial Inventory Report of 21. Comment submitted by David Hickey, action. This analysis, ‘‘Economic Supply, Use, and Trade. (82 FR 15522; Vice President, Advocacy, International Analysis for the Reporting Requirements March 29, 2017). Sign Association. for the TSCA Mercury Inventory’’ 2. UNEP. Minamata Convention on Mercury. 22. Comment submitted by Michele P. (Economic Analysis, Ref. 6), is available (No date). Available at http:// Wilson, Environmental Compliance, in the docket and is summarized in Unit Savannah River Nuclear Solutions, LLC. www.mercuryconvention.org. [Accessed I.E. August 4, 2017]. 23. Comment submitted by Chuck Schwer, 3. EPA. Mercury; Reporting Requirements for Vermont Department of Environmental, C. Paperwork Reduction Act (PRA) Conservation, Chairperson, and Tom Toxic Substances Control Act Mercury The information collection activities Inventory—Proposed Rule. (82 FR 49564; Metzner, Connecticut Department of October 26, 2017). Energy and Environmental Protection, in this rule have been submitted for 4. EPA. Reporting Requirements for the Chairperson, Interstate Mercury approval to OMB under the PRA, 44 TSCA Mercury Inventory: Mercury— Education and Reduction Clearinghouse. U.S.C. 3501 et seq. The Information Proposed Rule; Extension of Comment 24. Comment submitted by Theodore B. Collection Request (ICR) document that Period. (82 FR 60168; December 17, Lynn, Ph.D., Director of Research, Dexsil the EPA prepared has been assigned 2017). Corporation. EPA ICR number 2567.02 and OMB 25. NEWMOA. Mercury-Added Products 5. EPA. Mercury; Reporting Requirements for Control No. 2070–0207 (Ref. 31). You Toxic Substances Control Act Mercury Database. (No date). Available at http:// Inventory—Response to Comments. June www.newmoa.org/prevention/mercury/ can find a copy of the ICR in the docket 20, 2018. imerc/notification/. [Accessed August 4, for this rule, and it is briefly 6. EPA. Economic Analysis for the Reporting 2017]. summarized here. Requirements for the TSCA Mercury 26. Comment submitted by David Isaacs, The reporting requirements identified Inventory. June 20, 2018. Semiconductor Industry Association. in the final rule would provide EPA 7. EPA. Subpoena and Information Request. 27. Comment submitted by James C. Lee, with information necessary to prepare March 20, 2015. Available at https:// Senior Compliance Analyst, Hach and periodically update an inventory of www.epa.gov/mercury/2015-subpoena- Company. mercury supply, use, and trade in the and-information-request-epa- 28. Comment submitted by Richard Krock, mercuryrecyclers. Vice President, Regulatory and Technical United States, as required by TSCA 8. Comment submitted by Kathleen M. Affairs, Vinyl Institute. section 8(b)(10)(D). These reporting Roberts, Executive Director, North 29. U.S. Food and Drug Administration. requirements would help the Agency to American Metals Council. Mercury Poisoning Linked to Skin prepare subsequent, triennial

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publications of the inventory, as well as email to oira_submissions@ Order 13175 (65 FR 67249, November 9, to carry out the requirement of TSCA omb.eop.gov, Attention: Desk Officer for 2000). It will not have any effect on section 8(b)(10)(C) to identify any the EPA. Since OMB is required to make tribal governments, on the relationship manufacturing processes or products a decision concerning the ICR between between the Federal government and that intentionally add mercury and 30 and 60 days after receipt, OMB must the Indian tribes, or on the distribution recommend actions, including proposed receive comments no later than July 27, of power and responsibilities between revisions of Federal law or regulations, 2018. the Federal government and Indian to achieve further reductions in mercury tribes, as specified in the Order. Thus, D. Regulatory Flexibility Act (RFA) use. EPA intends to use information E.O. 13175 does not apply to this action. collected under the rule to assist in Pursuant to section 605(b) of the RFA, efforts to reduce the use of mercury in 5 U.S.C. 601 et seq., I certify that this H. Executive Order 13045: Protection of products and processes and to facilitate action will not have a significant Children From Environmental Health reporting on implementation of the economic impact on a substantial Risks and Safety Risks Minamata Convention by the United number of small entities under the RFA. EPA interprets Executive Order 13045 States. Respondents may claim some of The small entities subject to the (62 FR 19885, April 23, 1997) as the information reported to EPA under requirements of this action include applying only to those regulatory the final rule as CBI under TSCA section those that manufacture, including actions that concern environmental 14. TSCA section 14(c) requires a import, mercury or mercury-added health or safety risks that EPA has supporting statement and certification products (manufacturers), or otherwise reason to believe may for confidentiality claims asserted after intentionally use mercury in a disproportionately affect children, per June 22, 2016. manufacturing process (processors). To the definition of ‘‘covered regulatory EPA estimated total burden and costs identify the number of firms that are action’’ in section 2–202 of the to industry associated with the subject to the rule and considered small Executive Order. This action is not information collection activities in the under SBA size standards, EPA subject to Executive Order 13045 final rule over the first three years after compared the appropriate SBA size because it does not concern an its promulgation (Ref. 6). For the 750 definition to the company’s revenue or environmental health risk or safety risk, companies anticipated to be subject to number of employees, as identified nor is this action economically the reporting requirements, the average using Dun and Bradstreet or other significant as the impact of this action per respondent burden hours for Year 1 market research websites. Of the 506 will be less than $100 million. (of a triennial cycle for submitting parent companies that are subject to the information) was estimated to be 96.76 rule, 211 companies (42 percent) meet I. Executive Order 13211: Actions hours (Ref. 6). Years 2 and 3 are not data the SBA small business definitions for Concerning Regulations That collection years, so there is no cost their respective NAICS classifications. Significantly Affect Energy Supply, associated with the rule during these The small entity analysis estimated Distribution, or Use years (Ref. 6). Therefore, the average for that no parent company would incur an This final rule is not subject to total burden hours per the three-year impact of 3 percent or greater, and 4 Executive Order 13211 (66 FR 28355, reporting cycle is 32.25 hours per year parent companies (1.85 percent of total May 22, 2001) because it is not expected (Ref. 6). entities) would incur an impact of 1 to to affect energy supply, distribution, or Respondents/affected entities: 3 percent. Details of this analysis are use. Manufacturers, importers, and included in the accompanying processors of mercury. Economic Analysis for this rule (Ref. 6). J. National Technology Transfer and Respondent’s obligation to respond: Advancement Act (NTTAA) Mandatory (15 U.S.C. 2607(b)(10)(D)). E. Unfunded Mandates Reform Act Estimated number of respondents: (UMRA) Since this action does not involve any 750. This action does not contain an technical standards, section 12(d) of Frequency of response: Triennially. unfunded mandate of $100 million or NTTAA, 15 U.S.C. 272 note, does not Total estimated annual burden: more as described in UMRA, 2 U.S.C. apply to this section. 24,189 hours (averaged over 3 years). 1531 through 1538, and does not K. Executive Order 12898: Federal Burden is defined at 5 CFR 1320.3(b). significantly or uniquely affect small Actions To Address Environmental Total estimated annual cost: governments. As such, the requirements Justice in Minority Populations and $1,942,190 (averaged over 3 years), of sections 202, 203, 204, or 205 of Low-Income Populations includes $0 annualized capital or UMRA do not apply to this action. operation and maintenance costs. This action is not subject to Executive An agency may not conduct or F. Executive Order 13132: Federalism Order 12898 (59 FR 7629, February 16, sponsor, and a person is not required to This action does not have federalism 1994) because it does not establish an respond to, a collection of information implications, as specified in Executive environmental health or safety standard. unless it displays a currently valid OMB Order 13132 (64 FR 43255, August 10, This action establishes an information control number. The OMB control 1999). It will not have substantial direct requirement and does not affect the numbers for the EPA’s regulations in 40 effects on the States, on the relationship level of protection provided to human CFR are listed in 40 CFR part 9. Submit between the national government and health or the environment. your comments on the Agency’s need the States, or on the distribution of VI. Congressional Review Act (CRA) for this information, the accuracy of the power and responsibilities among the provided burden estimates and any various levels of government. This action is subject to the CRA, 5 suggested methods for minimizing U.S.C. 801 et seq., and EPA will submit respondent burden to the EPA using the G. Executive Order 13175: Consultation a rule report to each House of the docket identified at the beginning of this and Coordination With Indian Tribal Congress and to the Comptroller General rule. You may also send your ICR- Governments of the United States. This action is not related comments to OMB’s Office of This action does not have tribal a ‘‘major rule’’ as defined by 5 U.S.C. Information and Regulatory Affairs via implications as specified in Executive 804(2).

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List of Subjects in 40 CFR Part 713 any person who manufactures mercury (i) Distribution in commerce, Environmental protection, Exports, or mercury-added products or otherwise including domestic sale or transfer, of Imports, Manufacturing, Mercury, Trade intentionally uses mercury in a mercury; practices. manufacturing process to carry out and (ii) Distribution in commerce, publish in the Federal Register an including domestic sale or transfer, of a Dated: June 21, 2018. inventory of mercury supply, use, and mercury-added product; E. Scott Pruitt, trade in the United States. In (iii) Storage of mercury (including Administrator. administering this mercury inventory, import); Therefore, 40 CFR chapter I, EPA is directed to identify any (iv) Export of a mercury compound subchapter R, is amended by adding a manufacturing processes or products (unless specifically prohibited); and new part 713 to read as follows: that intentionally add mercury and to (v) Export of a mercury-added recommend actions, including proposed product. PART 713—REPORTING revisions of Federal law or regulations, (c) Section 15(3) of TSCA makes it REQUIREMENTS FOR THE TSCA to achieve further reductions in mercury unlawful for any person to fail or refuse INVENTORY OF MERCURY SUPPLY, use. EPA intends to use the collected to submit information required under USE, AND TRADE information to implement TSCA and this part. In addition, TSCA section shape the Agency’s efforts to Sec. 15(3) makes it unlawful for any person 713.1 Purpose, scope, and compliance. recommend actions, both voluntary and to fail to: Establish or maintain records, 713.5 Mercury for which information must regulatory, to reduce the use of mercury or permit access to records required by be reported. in commerce. In so doing, the Agency this part. Section 16 of TSCA provides 713.7 Persons who must report. will conduct timely evaluation and that any person who violates a provision 713.9 General requirements for which refinement of these reporting of TSCA section 15 is liable to the information must be reported. requirements so that they are efficient United States for a civil penalty and 713.11 Specific requirements for which and non-duplicative for reporters. may be criminally prosecuted. Pursuant information must be reported. (b) This part applies to the activities 713.13 Contextual requirements for which to TSCA section 17, the Federal information must be reported. associated with the periodic publication Government may seek judicial relief to 713.15 Reporting information to EPA. of information on mercury supply, use, compel submission of TSCA section 8 713.17 When to report. and trade in the United States. Except information and to otherwise restrain 713.19 Recordkeeping requirements. as described at § 713.7, the reporting any violation of TSCA section 15. 713.21 Electronic filing. requirements for mercury supply, use, (d) Each person who reports under Authority: 15 U.S.C. 2607(b)(10)(D). and trade apply to the following this part must certify the accuracy and activities: maintain records of the information § 713.1 Purpose, scope, and compliance. (1) Activities undertaken with the reported under this part and, in (a) This part specifies reporting and purpose of obtaining an immediate or accordance with TSCA, permit access recordkeeping procedures under section eventual commercial advantage: to, and the copying of, such records by 8(b)(10) of the Toxic Substances Control (i) Import of mercury; EPA officials. Act (TSCA) (15 U.S.C. 2607(b)(10)) for (ii) Manufacture (other than import) of certain manufacturers (including mercury; § 713.5 Mercury for which information importers) and processers of mercury as (iii) Import of a mercury-added must be reported. defined in section 8(b)(10)(A) to include product; (a) Elemental mercury (Chemical elemental mercury and mercury (iv) Manufacture (other than import) Abstracts Service Registry Number compounds. Hereinafter ‘‘mercury’’ will of a mercury-added product; and 7439–97–6); or refer to both elemental mercury and (v) Intentional use of mercury in a (b) A mercury compound, including mercury compounds collectively, except manufacturing process. but not limited to the mercury where separately identified. Section (2) Activities undertaken in compounds listed in Table 1 of this part 8(b)(10)(D) of TSCA authorizes the EPA relationship to those activities described by Chemical Abstracts Service Registry Administrator to require reporting from in paragraph (b)(1) of this section: Number:

TABLE 1—MERCURY COMPOUNDS

Chemical Abstracts Service Registry No. Mercury compound

10045–94–0 ...... Nitric acid, mercury(2+) salt (2:1). 100–57–2 ...... Mercury, hydroxyphenyl-. 10112–91–1 ...... Mercury chloride (Hg2Cl2). 10124–48–8 ...... Mercury amide chloride (Hg(NH2)Cl). 103–27–5 ...... Mercury, phenyl(propanoato-.kappa.O)-. 10415–75–5 ...... Nitric acid, mercury(1+) salt (1:1). 104–60–9 ...... Mercury, (9-octadecenoato-.kappa.O)phenyl-. 1191–80–6 ...... 9-Octadecenoic acid (9Z)-, mercury(2+) salt (2:1). 12068–90–5 ...... Mercury telluride (HgTe). 13170–76–8 ...... Hexanoic acid, 2-ethyl-, mercury(2+) salt (2:1). 13302–00–6 ...... Mercury, (2-ethylhexanoato-.kappa.O)phenyl-. 1335–31–5 ...... Mercury cyanide oxide (Hg2(CN)2O). 1344–48–5 ...... Mercury sulfide (HgS). 1345–09–1 ...... Cadmium mercury sulfide. 13876–85–2 ...... Mercurate(2-), tetraiodo-, copper(1+) (1:2), (T-4)-. 138–85–2 ...... Mercurate(1-), (4-carboxylatophenyl)hydroxy-, sodium (1:1). 141–51–5 ...... Mercury, iodo(iodomethyl)-.

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TABLE 1—MERCURY COMPOUNDS—Continued

Chemical Abstracts Service Registry No. Mercury compound

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]diazenyl]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]]diphenyldi-. 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-.

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

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who does not intentionally use mercury (3) Amount of mercury exported (3) Amount of mercury in exported in a manufacturing process with the (lbs.), except mercury prohibited from products (lbs.); and purpose of obtaining an immediate or export at 15 U.S.C. 2611(c)(1) and (7); (4) Amount of mercury in products eventual commercial advantage. (4) Amount of mercury stored (lbs.); distributed in commerce (lbs.). and (e) Persons who otherwise § 713.9 General requirements for which (5) Amount of mercury distributed in intentionally use mercury in a information must be reported. commerce (lbs.). manufacturing process must report, as Except as described at § 713.7: (c) Persons who report sales of applicable: (a) Persons who manufacture mercury-added products to the (1) Amount of mercury otherwise (including import) mercury in amounts Interstate Mercury Education and intentionally used (lbs.) in a greater than or equal to 2,500 pounds Reduction Clearinghouse (IMERC) must manufacturing process; and (lbs.) for elemental mercury or greater report, as applicable: (2) Amount of mercury stored (lbs.). than or equal to 25,000 lbs. for mercury (1) Amount of mercury in manufactured (other than imported) § 713.11 Specific requirements for which compounds for a specific reporting year information must be reported. must report, as applicable: products (lbs.); (2) Amount of mercury in imported Except as described at § 713.7: (1) Amount of mercury stored (lbs.); products (lbs.); and (a) Any person who manufactures and (3) Amount of mercury in exported (including imports) mercury must (2) Amount of mercury distributed in products (lbs.). specify, as applicable, the specific commerce (lbs.). (d) All other persons who mercury compound(s) from a pre- (b) All other persons who manufacture (including import) selected list (as listed in Table 1 of this manufacture (including import) mercury mercury-added products must report, as part). must report, as applicable: applicable: (b) Any person who manufactures (1) Amount of mercury in (including imports) a mercury-added (1) Amount of mercury manufactured manufactured (other than imported) product must specify as applicable, the (other than imported) (lbs.); products (lbs.); specific category(ies) and (2) Amount of mercury imported (2) Amount of mercury in imported subcategory(ies) from a pre-selected list, (lbs.); products (lbs.); as listed in Table 2 of this part:

TABLE 2—CATEGORIES AND SUBCATEGORIES OF MERCURY-ADDED PRODUCTS

Category Subcategory

Batteries ...... —Button cell, silver. —Button cell, zinc-air. —Button cell, alkaline. —Stacked button cell batteries. —Manganese oxide. —Silver oxide. —Mercuric oxide, non-button cell. —Button cell, mercuric oxide. —Button cell, zinc carbon. —Other (specify). Dental amalgam ...... [No subcategories]. Formulated products (includes uses in cosmetics, pesticides, and lab- —Skin-lightening creams. oratory chemicals). —Lotions. —Soaps and sanitizers. —Bath oils and salts. —Topical antiseptics. —Preservatives (e.g., for use in vaccines and eye-area cosmetics when no preservative alternatives are available). —Pharmaceuticals (including prescription and over-the-counter drug products). —Cleaning products (not registered as pesticides under the Federal In- secticide, 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).

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TABLE 2—CATEGORIES AND SUBCATEGORIES OF MERCURY-ADDED PRODUCTS—Continued

Category Subcategory

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

(c) Any person who otherwise § 713.13 Contextual requirements for (1) Country(ies) of origin for imported intentionally uses mercury in a which information must be reported. products; manufacturing process, other than the Except as described at § 713.7: (2) Country(ies) of destination for manufacture of a mercury compound or (a) Persons who manufacture exported products; and a mercury-added product, must identify, (including import) mercury in amounts (3) NAICS code(s) for products as applicable: greater than or equal to 2,500 lbs. for distributed in commerce. elemental mercury or greater than or (e) Persons who otherwise (1) The specific manufacturing equal to 25,000 lbs. for mercury intentionally use mercury in a process for which mercury is otherwise compounds for a specific reporting year manufacturing process, other than the intentionally used from a pre-selected must report, as applicable: manufacture of a mercury compound or list, as listed in Table 3 of this part: (1) Country(ies) of origin for imported a mercury-added product, must report, mercury; as applicable: TABLE 3—MANUFACTURING PROCESS (2) Country(ies) of destination for (1) Country(ies) of destination for FOR WHICH MERCURY IS OTHER- exported mercury; and exported final product(s); and WISE INTENTIONALLY USED (3) NAICS code(s) for mercury (2) NAICS code(s) for mercury in final distributed in commerce. product(s) distributed in commerce. Chlorine production (e.g., mercury-cell chlor- (b) All other persons who alkali process). manufacture (including import) mercury § 713.15 Reporting information to EPA. Acetaldehyde production. must report, as applicable: Any person who must report under Sodium/potassium methylate/ethylate produc- (1) Country(ies) of origin for imported this part must report for the submission tion. mercury; period described at § 713.17: Polyurethane/plastic production. (2) Country(ies) of destination for (a) Quantities of mercury in pounds Other (specify). exported mercury; and per applicable activity listed under the (3) NAICS code(s) for mercury general requirements for which (2) The specific use of mercury in a distributed in commerce. information must be reported described manufacturing process from a pre- (c) Persons who report sales of at § 713.9; selected list, as listed in Table 4 of this mercury-added products to IMERC must (b) Specific requirements for which part: report, as applicable: information must be reported described (1) Country(ies) of origin for imported at § 713.11; TABLE 4—SPECIFIC USE OF MERCURY products; (c) Contextual requirements for which (2) Country(ies) of destination for IN A MANUFACTURING PROCESS information must be reported described exported products; and at § 713.13; and (3) NAICS code(s) for products Catalyst. (d) According to the procedures distributed in commerce. described at § 713.21. Cathode. (d) All other persons who Reactant. § 713.17 When to report. Reagent. manufacture (including import) Other (specify). mercury-added products must report, as (a) Any person who must report under applicable: this part must report for the reporting

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year described as follows. A reporting GENERAL SERVICES approximately two to three days after year is the year during which mercury ADMINISTRATION submission to verify posting (except activity, required to be reported by this allow 30 days for posting of comments rule, has occurred. The 2018 reporting 41 CFR Parts 300–3 and 301–11, submitted by mail). year is from January 1, 2018 to Appendices B and D to Chapter 301, FOR FURTHER INFORMATION CONTACT: For December 31, 2018. Subsequent and Parts 302–9 and 302–11 clarification of content, contact Ms. Jill reporting years are from January 1 to [FTR Amendment 2018–01; FTR Case 2018– Denning, Program Analyst, Office of December 31 at 3-year intervals, 301; Docket No. 2018–0007, Sequence 1] Government-wide Policy, at 202–208– 7642 or [email protected]. Contact beginning in 2021. RIN 3090–AJ99 (b) All information reported for an the Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, applicable reporting year must be Federal Travel Regulation (FTR); DC 20405, 202–501–4755, for submitted on or before the first day of Removal of the Meals and Incidental information pertaining to status or July following the reporting year. The Expenses (M&IE) Deduction Table, Allocation of M&IE Rates To Be Used publication schedules. Please cite FTR submission deadline for the 2018 case 2018–301. reporting year is July 1, 2019. in Making Deductions From the M&IE SUPPLEMENTARY INFORMATION: Subsequent submission deadlines are on Allowance, and the Glossary of Acronyms or before the first day of July following A. Public Participation the reporting year, in 3-year intervals, AGENCY: Office of Government-wide GSA is publishing this direct final beginning in 2022. Policy, U.S. General Services rule without a prior proposed rule as (c) The data from the 2018 reporting Administration (GSA). this is a noncontroversial action, and year will be used for the 2020 mercury ACTION: Direct final rule. GSA anticipates no significant adverse inventory, the data from the 2021 comments. A significant adverse SUMMARY: GSA is amending the Federal reporting year will be used for the 2023 comment is defined as one where the Travel Regulation (FTR), to remove the comment explains why the rule would mercury inventory, and so forth at three- meals and incidental expenses (M&IE) year intervals. be inappropriate, including challenges deduction table, Allocation of M&IE to the rule’s underlying premise or § 713.19 Recordkeeping requirements. Rates To Be Used in Making Deductions approach, or would be ineffective or From the M&IE Allowance, and the Each person who is subject to the unacceptable without a change. In Glossary of Acronyms. determining whether a significant reporting requirements of this part must DATES: This rule is effective August 13, adverse comment is sufficient to retain records that document any 2018 without further action, unless terminate a direct final rulemaking, GSA information reported to EPA. Records adverse comments are received by July will consider whether the comment relevant to a reporting year must be 27, 2018. GSA will consider whether raises an issue serious enough to retained for a period of 3 years these comments are significant enough warrant a substantive response in a beginning on the last day of the to publish a timely withdrawal in the notice-and-comment process. GSA notes reporting year. Submitters are Federal Register informing the public that comments that are frivolous, encouraged to retain their records longer that this direct final rule will not take insubstantial, or outside the scope of the than 3 years to ensure that past records effect. rule would not be considered adverse are available as a reference when new ADDRESSES: Submit comments in under this procedure. A comment submissions are being generated. response to FTR Case 2018–301 by any recommending a rule change in addition of the following methods: to the rule would not be considered a § 713.21 Electronic filing. • Regulations.gov: http:// significant adverse comment, unless the (a) You must use the Mercury www.regulations.gov. Submit comments comment states why the rule would be Electronic Reporting (MER) application via the Federal eRulemaking portal by ineffective without the additional to complete and submit required entering ‘‘FTR Case 2018–301’’, under change. In addition, if a significant information as set forth in § 713.17. the heading ‘‘Enter Keyword or ID’’ and adverse comment applies to part of a Submissions may only be made as set select ‘‘Search’’. Select the link ‘‘Submit rule and that part can be severed from forth in this section. a Comment’’ that corresponds with the remainder of the rule (e.g., where a ‘‘FTR Case 2018–301’’ and follow the rule deletes several unrelated (b) Submissions must be sent instructions provided at the ‘‘Comment regulations), GSA may adopt as final electronically to EPA via CDX. Now’’ screen. Please include your name, those parts of the rule that are not the (c) Access MER and instructions, as company name (if any), and ‘‘FTR Case subject of a significant adverse follows: 2018–301’’ on your attached document. comment. For further information about • (1) By website. Access MER via the Mail: General Services commenting on this rule, please see the CDX homepage at https://cdx.epa.gov/ Administration, Regulatory Secretariat ADDRESSES section of this document. (MVCB), ATTN: Ms. Lois Mandell, 1800 and follow the appropriate links. F Street NW, Washington, DC 20405. B. Background (2) By phone or email. Contact the Instructions: Please submit comments As part of a comprehensive review of EPA TSCA Hotline at (202) 554–1404 or only and cite FTR Case 2018–301 in all the FTR, GSA is removing the M&IE [email protected]. correspondence related to this case. All deduction table from appendix B to [FR Doc. 2018–13834 Filed 6–26–18; 8:45 am] comments received will be posted chapter 301, Allocation of M&IE Rates BILLING CODE 6560–50–P without change to http:// To Be Used in Making Deductions From www.regulations.gov, including any the M&IE Allowance; and all of personal and/or business confidential appendix D to chapter 301, Glossary of information provided. To confirm Acronyms. The table in appendix B is receipt of your comment(s), please publicly available on the internet at check www.regulations.gov https://www.gsa.gov/mie thus its

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