Pt. 713 40 CFR Ch. I (7–1–20 Edition)

Effective Reporting CAS No. Substance date date

Voluntary HPV Challenge Program orphan (unsponsored) chemicals

84501–86–0 Hexanedioic acid, esters with high-boiling C6–10-alkene hydroformylation September November products. 29, 2006 28, 2006 90640–80–5 Anthracene oil...... September November 29, 2006 28, 2006 90640–86–1 Distillates (coal tar), heavy oils ...... September November 29, 2006 28, 2006 119345–02–7 Benzene, 1,1’-oxybis-, tetrapropylene derivs...... September November 29, 2006 28, 2006 125997–20–8 Phosphoric acid, mixed 3-bromo-2,2-dimethylpropyl and 2-bromoethyl and 2- September November chloroethyl esters. 29, 2006 28, 2006

(Secs 8(a) and 8(d), 90 Stat. 2027, 2029; 15 U.S.C. 2607 (a) and (d)) [47 FR 26998, June 22, 1982]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 712.30, see the List of CFR Sec- tions Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

EFFECTIVE DATE NOTE: At 59 FR 14115, Mar. 25, 1994, in § 712.30 paragraph (x), the chemical substances under the category ‘‘propylene glycol ethers esters’’ and all related dates were stayed, effective Mar. 25, 1994. At 60 FR 31921, June 19, 1995, § 712.30 was amended in part by redesignating paragraph (x) as paragraph (e).

PART 713—REPORTING REQUIRE- after ‘‘’’ will refer to both ele- MENTS FOR THE TSCA INVEN- mental mercury and mercury com- TORY OF MERCURY SUPPLY, USE, pounds collectively, except where sepa- AND TRADE rately identified. Section 8(b)(10)(D) of TSCA authorizes the EPA Adminis- Sec. trator to require reporting from any 713.1 Purpose, scope, and compliance. person who manufactures mercury or 713.5 Mercury for which information must mercury-added products or otherwise be reported. intentionally uses mercury in a manu- 713.7 Persons who must report. facturing process to carry out and pub- 713.9 General requirements for which infor- lish in the FEDERAL REGISTER an inven- mation must be reported. 713.11 Specific requirements for which in- tory of mercury supply, use, and trade formation must be reported. in the United States. In administering 713.13 Contextual requirements for which this mercury inventory, EPA is di- information must be reported. rected to identify any manufacturing 713.15 Reporting information to EPA. processes or products that inten- 713.17 When to report. 713.19 Recordkeeping requirements. tionally add mercury and to rec- 713.21 Electronic filing. ommend actions, including proposed revisions of Federal law or regulations, AUTHORITY: 15 U.S.C. 2607(b)(10)(D). to achieve further reductions in mer- SOURCE: 83 FR 30073, June 27, 2018, unless cury use. EPA intends to use the col- otherwise noted. lected information to implement TSCA § 713.1 Purpose, scope, and compli- and shape the Agency’s efforts to rec- ance. ommend actions, both voluntary and regulatory, to reduce the use of mer- (a) This part specifies reporting and recordkeeping procedures under sec- cury in commerce. In so doing, the tion 8(b)(10) of the Toxic Substances Agency will conduct timely evaluation Control Act (TSCA) (15 U.S.C. and refinement of these reporting re- 2607(b)(10)) for certain manufacturers quirements so that they are efficient (including importers) and processers of and non-duplicative for reporters. mercury as defined in section (b) This part applies to the activities 8(b)(10)(A) to include elemental mer- associated with the periodic publica- cury and mercury compounds. Herein- tion of information on mercury supply,

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use, and trade in the United States. Ex- refuse to submit information required cept as described at § 713.7, the report- under this part. In addition, TSCA sec- ing requirements for mercury supply, tion 15(3) makes it unlawful for any use, and trade apply to the following person to fail to: Establish or maintain activities: records, or permit access to records re- (1) Activities undertaken with the quired by this part. Section 16 of TSCA purpose of obtaining an immediate or provides that any person who violates eventual commercial advantage: a provision of TSCA section 15 is liable (i) Import of mercury; to the United States for a civil penalty (ii) Manufacture (other than import) and may be criminally prosecuted. Pur- of mercury; suant to TSCA section 17, the Federal (iii) Import of a mercury-added prod- Government may seek judicial relief to uct; compel submission of TSCA section 8 (iv) Manufacture (other than import) information and to otherwise restrain of a mercury-added product; and any violation of TSCA section 15. (v) Intentional use of mercury in a (d) Each person who reports under manufacturing process. this part must certify the accuracy and (2) Activities undertaken in relation- maintain records of the information re- ship to those activities described in ported under this part and, in accord- paragraph (b)(1) of this section: ance with TSCA, permit access to, and (i) Distribution in commerce, includ- ing domestic sale or transfer, of mer- the copying of, such records by EPA of- cury; ficials. (ii) Distribution in commerce, includ- § 713.5 Mercury for which information ing domestic sale or transfer, of a mer- must be reported. cury-added product; (iii) Storage of mercury (including (a) Elemental mercury (Chemical Ab- import); stracts Service Registry Number 7439– (iv) Export of a mercury compound 97–6); or (unless specifically prohibited); and (b) A mercury compound, including (v) Export of a mercury-added prod- but not limited to the mercury com- uct. pounds listed in Table 1 of this part by (c) Section 15(3) of TSCA makes it Chemical Abstracts Service Registry unlawful for any person to fail or 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 ...... (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 ...... (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 (HgSe).

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TABLE 1—MERCURY COMPOUNDS—Continued

Chemical Abstracts Service Registry No. Mercury compound

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. (b) Any person who manufactures (in- (a) Any person who manufactures (in- cluding imports) a mercury-added cluding imports) mercury, except: product, except: (1) A person who does not manufac- (1) A person who does not manufac- ture (including import) mercury with ture (including import) a mercury- the purpose of obtaining an immediate added product with the purpose of ob- or eventual commercial advantage; taining an immediate or eventual com- (2) A person who manufactures (in- mercial advantage; cluding imports) mercury only as an (2) A person engaged only in the im- impurity; or port of a product that contains a com- (3) A person engaged only in the gen- ponent that is a mercury-added prod- eration, handling, or management of uct; or mercury-containing waste, including (3) A person engaged only in the man- recovered mercury that is discarded or ufacture (other than import) of a prod- elemental mercury that is managed for uct that contains a component that is long-term storage and management a mercury-added product who did not under section 6939f(g)(2) of the Re- first manufacture (including import) source Conservation and Recovery Act;

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the component that is a mercury-added (1) Amount of mercury in manufac- product; and tured (other than imported) products (c) Any person who otherwise inten- (lbs.); tionally uses mercury in a manufac- (2) Amount of mercury in imported turing process, except a person who products (lbs.); and does not intentionally use mercury in a (3) Amount of mercury in exported manufacturing process with the pur- products (lbs.). pose of obtaining an immediate or (d) All other persons who manufac- eventual commercial advantage. ture (including import) mercury-added products must report, as applicable: § 713.9 General requirements for which information must be re- (1) Amount of mercury in manufac- ported. tured (other than imported) products (lbs.); Except as described at § 713.7: (2) Amount of mercury in imported (a) Persons who manufacture (includ- products (lbs.); ing import) mercury in amounts great- (3) Amount of mercury in exported er than or equal to 2,500 pounds (lbs.) for elemental mercury or greater than products (lbs.); and or equal to 25,000 lbs. for mercury com- (4) Amount of mercury in products pounds for a specific reporting year distributed in commerce (lbs.). must report, as applicable: (e) Persons who otherwise inten- (1) Amount of mercury stored (lbs.); tionally use mercury in a manufac- and turing process must report, as applica- (2) Amount of mercury distributed in ble: commerce (lbs.). (1) Amount of mercury otherwise in- (b) All other persons who manufac- tentionally used (lbs.) in a manufac- ture (including import) mercury must turing process; and report, as applicable: (2) Amount of mercury stored (lbs.). (1) Amount of mercury manufactured (other than imported) (lbs.); § 713.11 Specific requirements for (2) Amount of mercury imported which information must be re- ported. (lbs.); (3) Amount of mercury exported Except as described at § 713.7: (lbs.), except mercury prohibited from (a) Any person who manufactures (in- export at 15 U.S.C. 2611(c)(1) and (7); cluding imports) mercury must specify, (4) Amount of mercury stored (lbs.); as applicable, the specific mercury and compound(s) from a pre-selected list (5) Amount of mercury distributed in (as listed in Table 1 of this part). commerce (lbs.). (b) Any person who manufactures (in- (c) Persons who report sales of mer- cluding imports) a mercury-added cury-added products to the Interstate product must specify as applicable, the Mercury Education and Reduction specific category(ies) and sub- Clearinghouse (IMERC) must report, as category(ies) from a pre-selected list, applicable: 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 ...... [No subcategories].

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

Category Subcategory

Formulated products (includes uses in cosmetics, pesticides, —Skin-lightening creams. and laboratory chemicals). —Lotions. —Soaps and sanitizers. —Bath oils and salts. —Topical antiseptics. —Preservatives (e.g., for use in vaccines and eye-area cos- metics when no preservative alternatives are available). —Pharmaceuticals (including prescription and over-the-counter drug products). —Cleaning products (not registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act). —Pesticides. —Paints. —Dyes. —Reagents (e.g., catalysts, buffers, fixatives). —Other (specify). Lighting, lamps, bulbs ...... —Linear fluorescent. —Compact fluorescent. —U-tube and circular fluorescent. —Cold cathode fluorescent. —External electrode fluorescent. —Mercury vapor. —Metal halide. —High pressure sodium. —Mercury short arc. —Neon. —Other (specify). Measuring instruments ...... —Barometer. —Fever thermometer. —Flow meter. —Hydrometer. —Hygrometer/psychrometer. —Manometer. —Non-fever thermometer. —Pyrometer. —Sphygmomanometer. —Other (specify). Pump seals ...... [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 inten- TABLE 3—MANUFACTURING PROCESS FOR tionally uses mercury in a manufac- WHICH MERCURY IS OTHERWISE INTEN- turing process, other than the manu- TIONALLY USED facture of a mercury compound or a mercury-added product, must identify, Chlorine production (e.g., mercury-cell chlor- as applicable: alkali process). (1) The specific manufacturing proc- Acetaldehyde production. ess for which mercury is otherwise in- Sodium/potassium methylate/ethylate produc- tentionally used from a pre-selected tion. list, as listed in Table 3 of this part:

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TABLE 3—MANUFACTURING PROCESS FOR (1) Country(ies) of origin for im- WHICH MERCURY IS OTHERWISE INTEN- ported products; TIONALLY USED—Continued (2) Country(ies) of destination for ex- ported products; and Polyurethane/plastic production. (3) NAICS code(s) for products dis- Other (specify). tributed in commerce. (e) Persons who otherwise inten- (2) The specific use of mercury in a tionally use mercury in a manufac- manufacturing process from a pre-se- turing process, other than the manu- lected list, as listed in Table 4 of this facture of a mercury compound or a part: mercury-added product, must report, as applicable: TABLE 4—SPECIFIC USE OF MERCURY IN A (1) Country(ies) of destination for ex- MANUFACTURING PROCESS ported final product(s); and (2) NAICS code(s) for mercury in final Catalyst. product(s) distributed in commerce. Cathode. Reactant. § 713.15 Reporting information to EPA. Reagent. Any person who must report under Other (specify). this part must report for the submis- sion period described at § 713.17: § 713.13 Contextual requirements for (a) Quantities of mercury in pounds which information must be re- per applicable activity listed under the ported. general requirements for which infor- Except as described at § 713.7: mation must be reported described at (a) Persons who manufacture (includ- § 713.9; ing import) mercury in amounts great- (b) Specific requirements for which er than or equal to 2,500 lbs. for ele- information must be reported described mental mercury or greater than or at § 713.11; equal to 25,000 lbs. for mercury com- (c) Contextual requirements for pounds for a specific reporting year which information must be reported must report, as applicable: described at § 713.13; and (1) Country(ies) of origin for im- (d) According to the procedures de- ported mercury; scribed at § 713.21. (2) Country(ies) of destination for ex- ported mercury; and § 713.17 When to report. (3) NAICS code(s) for mercury dis- (a) Any person who must report tributed in commerce. under this part must report for the re- (b) All other persons who manufac- porting year described as follows. A re- ture (including import) mercury must porting year is the year during which report, as applicable: mercury activity, required to be re- (1) Country(ies) of origin for im- ported by this rule, has occurred. The ported mercury; 2018 reporting year is from January 1, (2) Country(ies) of destination for ex- 2018 to December 31, 2018. Subsequent ported mercury; and reporting years are from January 1 to (3) NAICS code(s) for mercury dis- December 31 at 3-year intervals, begin- tributed in commerce. ning in 2021. (c) Persons who report sales of mer- (b) All information reported for an cury-added products to IMERC must applicable reporting year must be sub- report, as applicable: mitted on or before the first day of (1) Country(ies) of origin for im- July following the reporting year. The ported products; submission deadline for the 2018 report- (2) Country(ies) of destination for ex- ing year is July 1, 2019. Subsequent ported products; and submission deadlines are on or before (3) NAICS code(s) for products dis- the first day of July following the re- tributed in commerce. porting year, in 3-year intervals, begin- (d) All other persons who manufac- ning in 2022. ture (including import) mercury-added (c) The data from the 2018 reporting products must report, as applicable: year will be used for the 2020 mercury

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inventory, the data from the 2021 re- 716.60 Reporting schedule. porting year will be used for the 2023 716.65 Reporting period. mercury inventory, and so forth at three-year intervals. Subpart B—Specific Chemical Listings

§ 713.19 Recordkeeping requirements. 716.105 Additions of substances and mix- tures to which this subpart applies. Each person who is subject to the re- 716.120 Substances and listed mixtures to porting requirements of this part must which this subpart applies. retain records that document any in- AUTHORITY: 15 U.S.C. 2607(d). formation reported to EPA. Records relevant to a reporting year must be SOURCE: 51 FR 32726, Sept. 15, 1986, unless retained for a period of 3 years begin- otherwise noted. ning on the last day of the reporting year. Submitters are encouraged to re- Subpart A—General Provisions tain their records longer than 3 years to ensure that past records are avail- § 716.1 Scope and compliance. able as a reference when new submis- (a) This subpart sets forth require- sions are being generated. ments for the submission of lists and copies of health and safety studies on § 713.21 Electronic filing. chemical substances and mixtures se- (a) You must use the Mercury Elec- lected for priority consideration for tronic Reporting (MER) application to testing rules under section 4(a) of the complete and submit required informa- Toxic Substances Control Act (TSCA) tion as set forth in § 713.17. Submissions and on other chemical substances and may only be made as set forth in this mixtures for which EPA requires section. health and safety information in ful- (b) Submissions must be sent elec- filling the purposes of TSCA. tronically to EPA via CDX. (b) Section 15(3) of TSCA makes it (c) Access MER and instructions, as unlawful for any person to fail or follows: refuse to submit information required (1) By website. Access MER via the under this subpart. Section 16 provides CDX homepage at https://cdx.epa.gov/ that a violation of section 15 renders a and follow the appropriate links. person liable to the United States for a (2) By phone or email. Contact the civil penalty and possible criminal EPA TSCA Hotline at (202) 554–1404 or prosecution. Under section 17, the dis- [email protected]. trict courts of the United States have jurisdiction to restrain any violation of PART 716—HEALTH AND SAFETY section 15. DATA REPORTING § 716.3 Definitions. Subpart A—General Provisions The definitions in section 3 of TSCA Sec. apply to this subpart. In addition, the 716.1 Scope and compliance. following definitions are provided for 716.3 Definitions. the purposes of this subpart: 716.5 Persons who must report. Byproduct means a chemical sub- 716.10 Studies to be reported. stance produced without a separate 716.20 Studies not subject to the reporting commercial intent during the manufac- requirements. 716.21 Chemical specific reporting require- ture, processing, use, or disposal of an- ments. other chemical substance(s) or mix- 716.25 Adequate file search. ture(s). 716.30 Submission of copies of studies. Central Data Exchange or CDX means 716.35 Submission of lists of studies. EPA’s centralized electronic submis- 716.40 EPA requests for submission of fur- sion receiving system. ther information. Chemical Information Submission Sys- 716.45 How to report on substances and mix- tures. tem or CISS means EPA’s electronic, 716.50 Reporting physical and chemical web-based tool for the completion and properties. submission of data, reports, and other 716.55 Confidentiality claims. information, or its successors.

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