The final reporting requirements do not apply to: (1) persons who do not knowingly manufacture, import or use mercury for the first time; 2. persons who produce, treat or manage only mercury-containing waste; 3. persons who produce mercury only as an impurity; and (4) persons engaged in mercury-related activities that are not intended to obtain a direct or potential commercial benefit (see Unit III.D.2). In the reportable category, some individuals are not required to provide certain data elements. To avoid unnecessary or duplicate reporting, the Agency provides certain exemptions to persons who already comply with the Chemical Reporting Rule (RDC) in Article 8(a) of TSCA for mercury and mercury-added products. the Interstate Mercury Education and Reduction Clearing House (IMERC) database on mercury-containing products. These reporting agents are not required to respond to specific data elements of the mercury reporting application that are comparable to the data they also report in response to the reporting requirements of the RDC and IMERC. Reporting requirements for the supply, use and trade of mercury include activities that are established TSCA terms: manufacture, import, commercial distribution, storage and export. Reporting obligations also apply to the intentional use of mercury in a manufacturing process. Persons who manufacture mercury or mercury-added products (including imports) or who intentionally use mercury in a manufacturing process are required to report the quantities of mercury in pounds (pounds) used in these activities in a given reporting year. Registrants should also identify specific mercury compounds, mercury-added products, manufacturing processes and, where applicable, the use of mercury in manufacturing processes from pre-selected lists.

For some activities, notifiers are required to provide additional contextual data (e.g., NAICS mercury codes or commercial mercury-added products). The agency proposed that while the EPA distinguishes between elemental mercury and mercury compounds, elemental mercury is limited to elemental mercury, as described in its Chemical Abstracts Service Registry Number (CASRN 7439-97-6), and mercury compounds include all cases where elemental mercury or a mercury compound is reacted with another chemical. Examples of mercury compounds in the TSCA Chemical Inventory are presented in Table 2. In addition, this information could be used by the U.S. government to support its national reports on the implementation of the Minamata Convention on Mercury (Minamata Convention), to which the United States is a party (Ref. 2). The Minamata Convention is an international environmental agreement to protect human health and the environment from anthropogenic emissions and releases of elemental mercury and mercury compounds. Article 21 of the Convention requires Parties to include in their national reports, inter alia, information demonstrating compliance with the requirements of Article 3 on sources of and trade in mercury and Article 5 on manufacturing processes using mercury or mercury compounds. EPA intends to use the information gathered from the mercury inventory to implement TSCA and support its national reporting for the Minamata Convention, as well as to shape the agency`s efforts to reduce mercury use in commerce. In this way, the Agency will conduct a timely assessment and update of these reporting obligations to ensure that they are effective and not duplicate for notifiers. Section 8(b)(10)(D)(ii) of the TSCA directs the Agency to “coordinate reporting. with the Interstate Mercury Education and Reduction Clearinghouse” to avoid duplication.

In addition, Section 8(a)(5)(a) of the TSCA states: “In carrying out [TSCA Section 8], the Administrator shall, to the extent practicable,. do not require unnecessary or duplicate reporting. The Agency seeks to avoid the collection of mercury data that would duplicate information already provided to existing state and federal programs and to coordinate and complement these reporting programs as much as possible. In developing this rule (Ref. 3) EPA reviewed four data collection systems applicable to the supply, use, and trade of mercury (including mercury-added products and mercury used in manufacturing processes): As set out in the proposed rule, the Agency noted that mandatory electronic reporting: (1) streamline the reporting process and reduce administrative costs associated with the transmission of information and reduce the maintenance of records; (2) the elimination of paper-based submissions as part of the government`s broader efforts to move to modern, electronic methods of gathering information; (3) enable more efficient data transmission and reduction of errors through integrated validation procedures; and (4) reduce the reporting burden on applicants by reducing the cost and time required for review. The EPO starts printing page 30071 requires electronic reporting of mercury inventory data using online reporting software provided by the Agency to transmit mercury inventory reports over the Internet to the EPO`s Central Data Exchange (CDX). CDX offers bidders the ability to access their data through web services. For more information about CDX, see Describes mercury in its three general forms and provides additional information on its properties and health effects.