Importers Of Mercury-Containing Articles Face Reporting Requirements
Published date | 18 November 2021 |
Subject Matter | Environment, Energy and Natural Resources, Environmental Law, Chemicals |
Law Firm | Beveridge & Diamond |
Author | Mr Ryan J. Carra, Mark N. Duvall and Sarah A. Kettenmann |
More than four years after finalizing reporting requirements for the manufacture, import, export, processing, and distribution in commerce of elemental mercury and mercury-added products, EPA has eliminated an exemption for certain importers. This response to a 2020 court decision broadens the scope of companies required to report to include importers of articles qualifying as a mercury-added products. 86 Fed. Reg. 61708 (Nov. 8, 2021); 40 C.F.R. ' 713.7(b)(2).
The amendment to the mercury reporting rule eliminates an existing exemption for companies that manufacture (including import) a mercury-added product where that company is "engaged only in the import of a product that contains a component that is a mercury-added product." Now, importers of a pre-assembled product that contains a component that is a mercury-added product will be subject to reporting requirements under TSCA section 8(b)(10).
EPA explained in the preamble to the original mercury reporting rule that "the manufacture (other than import) of a mercury-added product is the 'intentional addition of mercury where mercury remains present in the final product for a particular purpose'." 83 Fed. Reg. 30061 (June 27, 2018). EPA's amendment essentially eliminates the parenthetical so that imports of mercury-added products, including assembled products, are subject to reporting requirements. Per EPA's Compliance Guide for the mercury reporting rule, an "assembled product" is a product that is "manufactured with the inclusion of a component that is a mercury-added product. An example is a vehicle containing a mercury-added fluorescent light bulb." In turn, a "component" refers to a "mercury-added product that is installed as part of the manufacture of an assembled product."
Importers of mercury-added products subject to the amended rule will be required to report as follows:
- General requirements
- Amount of mercury in manufactured products;
- Amount of mercury in imported products;
- Amount of mercury in exported products; and
- Amount of mercury in products distributed in commerce (only for non-IMERC reporters);
- Contextual requirements
- Countries of origin for imported products;
- Countries of destination for exported products; and
- NAICS codes for products distributed in commerce; and
- Specific requirements: the company should specify in reporting as applicable, the specific categories or the subcategories of mercury-added products.
The amended rule includes examples of dozens of entities that may...
To continue reading
Request your trial