Today, the U.S. Environmental Protection Agency (EPA) announced revisions to the 2018 mercury inventory reporting rule which requires reporting from persons who manufacture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a manufacturing process. The revisions released today mean that companies that import pre-assembled products that contain a mercury-added component are now required to report those imports to EPA under the mercury inventory reporting rule. The 2018 mercury inventory reporting rule was challenged in the 2nd Circuit in July 2018, and the court issued its decision on June 5, 2020, vacating an exemption for companies that import pre-assembled products containing a mercury-added component, such as a watch with a mercury-added battery. In its decision, the court found that the exemption for importers of products containing mercury-added components was an unlawful interpretation of TSCA because it lacked a reasoned explanation. The revisions announced today implement the court's order vacating this exemption. This final rule, which will be effective 30 days after publication in the Federal Register, offers impacted communities adequate notice of the amended reporting requirements, as the deadline for reporting 2021 data is July 1, 2022. The 2018 reporting requirements and today's amendments will help the EPA prepare subsequent, triennial publications of the inventory. Additionally, today's action will help EPA carry out statutory requirements to identify any manufacturing processes or products that intentionally add mercury and recommend actions to achieve further reductions in mercury use in the United States. This will further assist the United States in its implementation of the Minamata Convention on Mercury, a global treaty to protect human health and the environment from the adverse effects of mercury. EPA will be updating the mercury inventory reporting rule compliance guide and other supporting materials to reflect these new reporting requirements. |