COMPLIANCE GUIDE
Reporting Requirements
for the Mercury Inventory
of the Toxic Substances Control Act
United States
Environmental Protection
Agency
January 2019
INSERT DOCUMENT NUMBER

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&EPA
United States
Environmental Protection
Agency
Who Should Use This Guide?
This guide is intended for companies,
organizations, and individuals who are
required to submit information to EPA for
the national inventory of mercury supply,
use, and trade. The requirements apply to
those who manufacture or import mercury
or mercury-added products, or otherwise
intentionally use mercury in a manufacturing
process. The purpose of the guide is to
help potential submitters, including small
businesses, determine whether or not they
are subject to EPA's mercury inventory
reporting requirements.
The term "mercury" means elemental
mercury and mercury compounds. For
those that must comply, the guide generally
explains what information to report, how to
submit information in the Mercury Electronic
Reporting (MER) application and when
information is due to be reported.
About This Guide
THIS DOCUMENT IS NOT INTENDED,
NOR CAN IT BE RELIED UPON, TO
CREATE ANY RIGHTS ENFORCEABLE BY
ANY PARTY IN LITIGATION WITH THE
UNITED STATES.
The statements in this document are
intended solely as guidance to aid in
complying with the mercury reporting
requirements in Section 8(b)(10)(D) of the
Toxic Substances Control Act (TSCA) and
the implementing rule in 40 CFR part 713.
EPA may decide to revise this guide without
public notice to reflect changes in EPA's
approach to implementing TSCA or to
clarify and update text.
To determine whether EPA has revised
this guide, consult the EPA's mercury
website at www.epa.gov/mercurv. The full
texts of TSCA Section 8(b)(10)(D) and the
implementing regulations are also available
on this website.
Paperwork Reduction Act Notice: This collection of information is approved by 0MB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (0MB Control No. 2070-0207; EPA ICR No. 2567).The annual public reporting and recordkeeping burden for this
collection of in formation is estimated to average 32 hours per response. Burden is defined in 5 CFR 1320.3(b). Responses to this collection
of information are mandatory (40 CFR 713).An agency may not conduct or sponsor, and a person is not required to, respond to a
collection of in formation unless it displays a currently valid 0MB control number.You may send comments regarding the EPA's need for
this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency
(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Please include the 0MB Control No. in any correspondence. Send only
comments to this address. Mercury Inventory data must be submitted electronically through the MER application.
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Contents
Background	4
	What Does this Guide Cover?	4
	What is the Mercury Inventory Reporting Regulation?	4
	How Will EPA Use My Information?	5
Who Must Report and What Information Is Required?	6
	Possibly Affected Business Sectors	6
	Types of Companies	7
	Manufacturers and Importers of Mercury	9
	Manufacturers and Importers of Mercury-Added Products	10
	Other Manufacturers	11
How Do I Comply?	12
	Submit Information to EPA	12
	Keep Records	12
	How Is My Compliance Determined, and What Happens if the Agency Discovers a
Violation?	12
When Do I Need to Submit Information to EPA?	13
Where Can I Find More Information?	14
	General Information on Mercury	14
	Information on Mercury Inventory Reporting Requirements	14
	Information on How to Report under the Rule	14
	Where Can I Go If I Need Further Assistance for Reporting?	14
Appendix: Explanation of Key Terms	15
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Background
What Does This Guide Cover?
This guide explains the requirements for
manufacturers and importers to report
information about the supply, use, and trade of
mercury to EPA. The guide provides an overview
of the legal requirements and an explanation of
how the Agency intends to use the information
it collects. Diagrams and examples are provided
to help companies in determining whether
they must report information about mercury to
EPA. Based on business activities, companies
that must report will find the applicable list of
reporting requirements, as well as reporting and
recordkeeping timelines, explanations of key
terms, and links to additional resources to support
reporting under the rule.
Important Note
Throughout this guide, the term mercury when
used alone means both elemental mercury and
mercury compounds.
For the purposes of this guide, to manufacture
mercury means to produce or recover it from
industrial wastes, air pollution control residuals,
scrap products, mining byproduct, or other
materials. A mercury compound can be
manufactured as a commercial chemical
product for sale. See 40 CFR part 704.3.
This guide explains compliance with respect to
mercury inventory reporting requirements by the
federal government. State and/or local mercury
reporting requirements that are different from
the federal requirements may also apply. If you
manufacture, import, or distribute mercury-
added products in certain states, you may be
required to notify the state and fulfill other state
requirements. For assistance in this area, contact
your state environmental agency or visit www.
newmoa.ora/Drevention/mercurv/imerc.cfm.
What is the Mercury Inventory
Reporting Regulation?
The legal requirements for the mercury inventory
are in a federal law and an EPA rule (also called
a "regulation"). In 2016, Congress directed EPA
by law to produce an inventory of the supply,
use, and trade of mercury in the United States
every three years beginning in 2017. The mercury
provision is one of several recent amendments
to the Toxic Substances Control Act (TSCA).
The law requires EPA to write a rule to collect
information for the inventory from "any person
who manufactures mercury or mercury-added
products or otherwise intentionally uses mercury
in a manufacturing process." The law defines
"mercury" for purposes of the inventory as both
elemental mercury and mercury compounds.
More information on this law can be found online
at www.ecfr.gov/cgi-bin/text-idx?SID=b355ec0c51
d02feac07ffe946bcbl8a6&mc=true&node=pt40.3
3.713&rgn=div5.
EPA published its initial inventory report
(available online at www.federalregister.
aov/documents/2017/03/29/2017-06205/
mercurv-initial-inventory-report-of-supply-
use-and-trade) in March 2017 and proposed
reporting requirements for the TSCA mercury
inventory in October 2017 (available online at
www.regulations.gov/document?D=EPA-HO-
QPPT-2017-0421-0001). The public submitted
comments on the proposal, which EPA considered
when finalizing the regulation in June 2018.
EPA's final rule is called "Mercury; Reporting
Requirements for TSCA Mercury Inventory"
which this guide refers to as "the rule." It requires
companies to submit their mercury information
using the online Mercury Electronic Reporting
(MER) application, which is organized as a simple,
fill-in-the-blanks form, with drop-down menus

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and lists of check-box options.
Not all submitters will be required to report the
same kinds or amounts of data. Data required to
be reported include:
	Amount of mercury produced, imported,
stored, used, sold, or exported (no matter how
small the amount);
	Types of products made;
	Types of manufacturing processes and how
mercury is used;
	Business sectors to which mercury or mercury-
added products are sold;
	Country of origin of imported mercury or
mercury-added products; and
	Destination country for exported mercury or
mercury products.
The rule also requires that companies keep
records of the information they submit for three
years.
Reporting is not required for mercury waste
management (unless mercury is recovered for
re-use or sale), for assembled products where
mercury is present in a component that is a
mercury-added product, or if the mercury is only
present as an impurity. Companies do not need
to submit information on mercury activities unless
they are undertaken for the purpose of obtaining
an immediate or eventual commercial advantage
(for example, intended for sale or to reduce costs
during a manufacturing process).
In this guide, EPA uses the terms company and
business as shorthand for those who are required
to submit information in the MER application
because most submitters are expected to be
private sector firms. However, other organizations
and individuals may also need to report in the
MER application. The requirement in TSCA
directs EPA to require reporting from: "Any
person who manufactures (including imports)
mercury or mercury-added products or otherwise
uses mercury in a manufacturing process." See
explanation of the word person in the glossary at
Appendix A.
How Will EPA Use My Information?
EPA will compile the information it receives
from submitters to estimate total quantities of
mercury in supply, use, and trade in the United
States. These totals are expected to assist EPA in
producing the triennial inventories of mercury
supply, use, and trade in the United States.
Figure 1 shows how EPA intends to categorize and
use various types of information.
Figure 1: How Information from Submitters Will Support EPA's Mercury Inventory
Supply
 
Use

Trade
Mercury Inventory
Manufactured
(producing) mercury
Stored mercury
Distributed mercury
Manufactured mercury-
added products
Other manufacturing
processes
Import
Export
EPA triennial
publication of mercury
inventory
Background
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Who Must Report and What Information Is Required?
Possibly Affected Business Sectors
This guide is designed to help companies, including small businesses, that may be required to submit
information to EPA under the mercury inventory rule (see 40 CFR part 713). Below is a list of business
categories that may be involved with mercury and subject to reporting."
	Mining
	Mineral processing
	Mercury retorting, recycling, or recovery of mercury
	Mining
	Mineral processing
	Mercury retorting, recycling, or recovery of mercury
	Importation of mercury
	Manufacturing that uses mercury in a process (other than making mercury-added products), such
as:
 Plastics and resins manufacturing and compounding, including polyurethane elastomers
 Chlor-alkali production
	Manufacturing or importation of mercury-added products, such as:
 Measuring and scientific instruments or devices
 Organic and inorganic chemicals, including commodity, specialty, and laboratory chemicals
 Plastics, resins and compounds, including polyurethane elastomers
 Health and fitness products
 Pesticides, pigments, paints, coatings, and adhesives
 Pharmaceuticals including veterinary medicines
 Cosmetics
 Switches, relays, industrial controls and current-carrying wiring devices
 Semiconductors, HVAC systems, pumps, and environmental control devices
 Fluorescent light bulbs, watches, and batteries
 Analytical laboratory equipment and supplies
 Automobile and aircraft parts
 Vehicle stabilization equipment
 Games, toys, shoes, and other children's products
 Accessories for small firearms and ordnance
 Products for national security
*For a more comprehensive list of official industry classifications, see the rule at www.fed era I rea ister.a ov/d ocu -
ments/2018/06/27/2018-13834/mercurv-reportina-requirements-for-the-tsca-mercurv-inventorv.
STOP! This is a list of examples only, so you may have to report to EPA even though your company
does not fit into any of these general categories. Also, note that not all companies in these categories
have to report. For more help determining if your company needs to report, see Types of Companies
on the next page.
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Types of Companies
In general, you must report mercury information to EPA if your company did any of the following with
any amount of mercury for the purpose of obtaining an immediate or eventual commercial advantage:
1.	Manufactured (recovered) or imported mercury;
2.	Manufactured or imported a mercury-added product; and/or
3.	Otherwise intentionally used mercury in a manufacturing process.
For an explanation of terms, see Appendix A.
You do not need to report if:
	Mercury was present during your manufacturing process, but you did not intentionally add mercury
to your product or process;
	You manufacture mercury only as an impurity in your manufacturing process;
	All of the mercury you manufactured was handled as a waste;
	Your manufacturing activity was not undertaken for the purpose of obtaining an immediate or
eventual commercial advantage;
	You used, sold, conveyed, transferred, distributed, stored, or exported mercury or a mercury-added
product", but you did not first manufacture or import it or use it in a manufacturing process;
	You imported an assembled product where mercury is present in a component that is a mercury-
added product; or
	You manufactured an assembled product where mercury is present in a component that is a
mercury-added product, but you did not first manufacture or import the component (e.g., you
purchased the component domestically).
The legal requirements for persons who must report can be viewed at 40 CFR part 713 (see www.
govinfo.gov/help/cfr).
** It is illegal to export elemental mercury from the United States. For more information, see www.epa.gov/mercury/envi-
ronmental-laws-apply-mercurv#ExportBan.
STOP! For more help determining if your company needs to report, see Figure 2 on the next page.
Who Must Report and What Information Is Required?
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There are three broad categories of companies required to submit their mercury information using
EPA's MER application, shown in three different colors in Figure 2. The three colors continue to
represent the three categories in the following pages to help guide you further.
Figure 2: Do I Need to Report?
No
No
No
Yes
Yes
Yes
Yes
Yes
No
No
and/
or
Yes
No
Yes
No
No
Yes
Yes
Yes
No
Yes
No
Yes
No
XDo not
XDo not
Only as an impurity?
Only as waste?
XDo not report.
XDo not
Do you manufacture or
import mercury?
With the purpose of
obtaining an immediate
or eventual commercial
advantage?
Did you first manufacture
or import the mercury-
added product that is
used as a component?
Do you manufacture or import mercury-added products?
Do you make an
assembled product that
contains a mercury-added
component?
Do you manufacture or
import a product where
mercury is intentionally
inserted into the item?
With the purpose of
obtaining an immediate or
eventual commercial
advantage?
With the purpose of obtaining an immediate or
eventual commercial advantage?
Do you use mercury in a
manufacturing process
other than adding
mercury to products?
Do you import an assembled product containing a
mercury-added component?
STOP! For more help determining if your company needs to report, see examples on the following
pages: Manufacturers and Importers of Mercury. Manufacturers and Importers of Mercurv-Added
Products, and Other Manufacturers Using Mercury.
Who Must Report and What Information Is Required?
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Manufacturers and Importers of Mercury
Examples of mercury manufacturers and importers
who must report in EPA's MER application:
1.	A waste treatment company that recovers
elemental mercury from waste and sells or
stores it for more than 90 days.
2.	A commodities broker that imports elemental
mercury and sells it in the United States.
3.	A chemical manufacturing company that
produces mercury nitrate in bulk for export."
4.	A chemicals broker located inside or outside
the United States that imports mercury (II)
iodide into the United States and sells it to
chemicals distributors.
5.	A chemical manufacturer that manufactures
mercury chloride and uses it to make another
chemical compound.
6.	A company that imports mercury compounds
used for analytical chemistry by laboratories.
* Certain mercury compounds, including mercury nitrate,
will be banned for export after January 1, 2020. View the
public notice Mercury Compounds; Prohibition of Export
in the Federal Register at www.federalreaister.aov/docu-
ments/2016/08/26/2016-20534/mercury-compounds-prohi-
bition-of-export.
Find more examples online in EPA's Frequently Asked Questions at www.epa.gov/mercurv/frequently-
asked-questions-about-reporting-requirements-epas-mercury-inventory.
What Information Do 1 Report as a Mercury Manufacturer or Importer?
For mercury manufacturers and importers who
For mercury manufacturers and importers who
do not report to Chemical Data Reporting (CDR):
report to Chemical Data Reporting (CDR):
Amount of mercury manufactured (lbs.)
N/A
Amount of mercury imported (lbs.)
N/A
Countries of origin for imported mercury
Amount of mercury exported (lbs.)
N/A
Countries of destination for exported mercury
Amount of mercury stored (lbs.)
Amount of mercury distributed in commerce (lbs.)
North American Industry Classification System (NAICS) codes for mercury distributed in commerce
As applicable, identify mercury compound(s)
N/A
STOP! If you have determined that you must report in EPA's MER application, please see the
How Do I Comply? section on page 12.
Examples of mercury manufacturers and importers
who do not report in EPA's MER application:
1.	A company that recovers elemental mercury
in the process of clearing natural gas pipelines
then manages the elemental mercury as a
waste (i.e., the mercury is not sold).
2.	A waste management facility that imports
and treats (i.e., stabilizes) low-concentration
mercury waste.
3.	A company that imports elemental mercury
waste for waste management only.
4.	An importer of industrial inputs that include
trace amounts of elemental mercury.
Who Must Report and What Information Is Required?
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Manufacturers and Importers of Mercury-Added Products
Examples of mercury manufacturers and importers
who must report in EPA's MER application:
1.	A manufacturer of electrical components,
such as switches or relays, that contain added
mercury.
2.	A company that imports mercury-containing
thermometers into the United States.
3.	A company that places a mercury compound
into hearing aid batteries.
4.	A vehicle manufacturer who imports mercury-
added light bulbs to install in cars.
Examples of mercury manufacturers and importers
who do not report in EPA's MER application:
1.	A vehicle manufacturer who purchases and
installs mercury-added light bulbs that are
manufactured in the United States.
2.	A company that imports consumer electronics
devices with displays lit by fluorescent bulbs
(i.e., electronic devices are assembled products
and the bulbs are components that are
mercury-added products).
3.	A consumer who purchases mercury-added
products for personal use from a company
outside the United States.
What Information Do I Report as a Mercury Manufacturer or
Importer of Mercury-Added Products?
For product manufacturers and importers who
do not submit mercury information to Interstate
Mercury Education and Reduction Clearinghouse
(IMERC):
For product manufacturers and importers who
submit mercury information to Interstate Mercury
Education and Reduction Clearinghouse (IMERC):
Amount of mercury in manufactured products (lbs.)
Amount of mercury in imported products (lbs.)
Countries of origin for imported products
Amount of mercury in exported products (lbs.)
Countries of destination for exported products
Amount of mercury in products distributed in
commerce (lbs.)
N/A
NAICS codes for products distributed in commerce
As applicable, identify product categories and subcategories
STOP! If you have determined that you must report in EPA's MER application, please see the
How Do I Comply? section on page 12.
Find more examples online in EPA's Frequently Asked Questions at www.epa.gov/mercurv/frequently-
asked-questions-about-reporting-requirements-epas-mercury-inventory.
Who Must Report and What Information Is Required?
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Other Manufacturers
Examples of mercury manufacturers (other than
makers of mercury-added products) who must
report in EPA's MER application:
1.	A producer of chlorine and caustic soda that
uses elemental mercury as a cathode in a
mercury cell electrolyzer although the final
products contain mercury only as an impurity.
2.	A chemical manufacturer that buys a mercury
compound to make another mercury
compound.
3.	A company that uses mercury during the
polyurethane elastomer manufacturing
process.
Examples of mercury manufacturers who do not
report in EPA's MER application:
1.	A power plant that uses mercury
thermometers.
2.	A facility that uses mercury in a closed-loop
system without the purpose of immediate or
eventual commercial advantage.
What Information Do I Report as a Manufacturer that Uses Mercury?
For manufacturers who use mercury other than to make mercury-added products:
Identify manufacturing process
Identify use of mercury in manufacturing process
Amount of mercury intentionally used (lbs.)
Amount of mercury stored (lbs.)
Countries of destination for exported final products
NAICS codes for mercury in final products distributed in commerce
STOP! If you have determined that you must report in EPA's MER application, please see the
How Do I Comply? section on page 12.
Find more examples online in EPA's Frequently Asked Questions at www.epa.gov/mercury/frequently
asked-questions-about-reporting-requirements-epas-mercury-inventory.
Who Must Report and What Information Is Required?
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How Do I Comply?
1.	Submit Information to EPA
Each company who is subject to the reporting
requirements must report to EPA via the EPA
Chemical Data Exchange (CDX) at cdx.epa.
gov during the appropriate reporting cycle.
Information can be reported as confidential
business information.
2.	Keep Records
Each company who is subject to the reporting
requirements must retain records that document
any information reported to EPA. Records
relevant to a reporting year must be retained for
a period of 3 years beginning on the last day of
the reporting year. Submitters are encouraged to
retain their records longer than 3 years.
How Is My Compliance Determined,
and What Happens if the Agency
Discovers a Violation?
To maximize compliance, EPA implements a
balanced program of compliance assistance,
compliance incentives, and traditional
enforcement. As part of the compliance
assistance, EPA encourages businesses to
voluntarily discover, promptly disclose,
expeditiously correct, and take steps to prevent
recurrence of environmental violations. For more
information, visit EPA's Audit Policy page at www.
epa.gov/compliance/epas-audit-policy.
EPA has compliance and enforcement resources
specifically designed to meet the needs of small
businesses (see www.epa.gov/enforcement/
small-businesses-and-enforcement). EPA's
Small Business Compliance Policy encourages
environmental compliance among small
businesses by providing incentives for voluntary
discovery, prompt disclosure, and prompt
correction of violations. Included are guidelines
for the Agency to apply in reducing or waiving
penalties for small businesses that come forward
to disclose and make good faith efforts to correct
violations (see www.gpo.gov/fdsys/pkg/FR-200Q-
04-ll/pdf/00-8955.pdf).
EPA's enforcement program is aimed at protecting
the public by targeting persons or entities who
neither comply nor cooperate to address their
legal obligations. EPA uses a variety of methods
to determine whether businesses are complying,
including facility inspections, subpoenas, review
of records submitted to the agency, coordination
with U.S. Customs and Border Protection on
import compliance, and responding to citizen
tips and complaints. Under TSCA, EPA may file
an enforcement action against violators, seeking
penalties of up to $37,500 per violation, per
day, adjusted for inflation (see www.epa.gov/
enforcement/enforcement-policv-guidance-
publications#penaltv). The proposed penalty in a
given case will depend on many factors, including
the number, length, and severity of the violations,
the economic benefit obtained by the violator,
and violator's ability to pay. EPA has policies in
place to ensure penalties are calculated fairly. In
addition, any company charged with a violation
has the right to contest EPA's allegations and
proposed penalty before an impartial judge or
jury.
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When Do I Need to Submit Information to EPA?
The following table provides a summary of the regulatory requirements and deadlines for
manufacturers and importers of mercury and mercury-added products and those who otherwise use
mercury in a manufacturing process. For more details, see How Do I Comply?
Reporting
Deadline
Submit mercury information for calendar year 2018
July 1, 2019
Submit mercury information for calendar year 2021
July 1, 2022
Submit mercury information for calendar year 2024 and
every three years thereafter
July 1, 2025 and every three years
thereafter
Recordkeeping
Deadline
Retain records that document information reported in EPA's
MER application for reporting year 2018
At least three years following the end of
reporting year (2021)
Retain records that document information reported in EPA's
MER application for reporting year 2021
At least three years following the end of
reporting year (2024)
Retain records that document information reported in EPA's
MER application for reporting year 2024 and every three
years thereafter
At least three years following the end of
reporting year (2027), and every three years
thereafter
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Where Can I Find More Information?
General Information on Mercury
	EPA's Mercury Homepage: www.epa.gov/
mercury
	Export Ban on Elemental Mercury: www.epa.
gov/mercury/environmental-laws-applv-
mercurv#ExportBan
	Export Ban on Mercury Compounds:
www.fed e ra I reg i ster.gov/
documents/2016/08/26/2016-20534/mercury-
compounds-prohibition-of-export
Information on the Mercury
Inventory Reporting Requirements
	Freguently Asked Questions on the Rule: www,
epa.gov/mercury/freguentlv-asked-guestions-
about-reporting-reguirements-epas-mercurv-
inventorv
	Toxic Substances Control Act Amendments
Reguiring the EPA Mercury Inventory and
Reporting by Manufacturers and Importers:
www.epa.gov/mercury/mercury-reporting-
reguirements-tsca-mercury-inventorv-final-
rule
	EPA Mercury Inventory Reporting Rule
("Mercury; Reporting Reguirements for the
TSCA Mercury Inventory"): www.fed era I reg ister.
gov/documents/2018/06/27/2018-13834/
mercurv-reporting-reguirements-for-the-tsca-
mercurv-inventorv
	Codified Regulation (40 CFR part 713): www.
ecfr.gov/cgi-bin/text-idx?SID=b355ec0c51d02
feac07ffe946bcbl8a6&mc=true&node = pt40.3
3.713&ran=div5.
Information on How to Report under
the Rule
	CDX User Guide: cdx.epa.gov/about/userguide
	MER Application User Guide: www.epa.gov/
mercurv/resources-reporting-reguirements-
epas-mercurv-inventorv
	EPA's CDX Application: cdx.epa.gov
Where Can I Go If I Have Questions
or Need Further Assistance for
Reporting?
For guestions concerning the rule, please contact
EPA's TSCA Hotline by telephone at (202) 554-
1404, by fax at (585) 232-3111, or by email at
tsca-hotline@epa.gov.
For guestions concerning CDX or the MER
application, please contact the CDX Help Desk at
helpdesk@epacdx.net or call 1 (888) 890-1995.
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Appendix: Explanation of Key Terms
Acronym List
CDX	Central Data Exchange
CDR	Chemical Data Reporting
CFR	Code of Federal Regulations
FR	Federal Register
IMERC	Interstate Mercury Education
and Reduction Clearinghouse
MER	Mercury Electronic Reporting
TSCA	Toxic Substances Control Act
Important Note
EPA is providing explanations of terms in
informal language to make it easier for the
public to understand and comply with the
mercury inventory rule. These explanations are
not legally-binding on EPA. To see the formal,
legal usage of the terms in this appendix,
EPA recommends consulting the mercury
amendments to TSCA, the final mercury
inventory rule, and the citations provided for
some of the terms below.
In addition, the explanations in this appendix
apply to EPA's mercury inventory reporting
rule and may vary from definitions for the
same terms used elsewhere by EPA. Examples
of such terms are: "component," "import,"
"manufacture," and "mercury-added product."
Assembled product is a product that was
manufactured with the inclusion of a component
that is a mercury-added product.
Commercial advantage refers to activities
undertaken intentionally to create an immediate
or eventual benefit (e.g., sale of goods, generation
of profits, reduction of costs, etc.). If a company
manufactures mercury or a mercury-added
product, then uses it rather than placing it in
commerce, it may be considered to result in
a commercial advantage. See 40 CFR 704.3
for definition in the context of manufacturing,
importing, and processing "for commercial
purposes."
Component refers to a mercury-added product
that is installed as part of the manufacture of an
assembled product. See 40 CFR part 704.3 and 83
FR 30061 (June 27, 2018).
Distribute in commerce means selling or
transferring mercury or mercury-added products
within the United States. Sales or transfers to
another country are considered imports. See 15
U.S.C. 2602(5).
Elemental mercury is a shiny, silver-white metal
that is liquid at room temperature; its Chemical
Abstracts Service Reqistry Number (CASRN) is
7439-97-6.
Export means to determine and control the
sending of mercury, mercury-added products, and
assembled products for a destination out of the
customs territory of the United States. See 40 CFR
707.63(b).
Import means to bring mercury, mercury-
added products, and assembled products into
the customs territory of the United States. In
TSCA and the rule, import is a subset of the
term manufacture. For practical purposes, the
two terms are treated as separate activities in
the context of the MER application. For a more
complete definition, see 15 U.S.C. 2602(9).
Impurity refers to mercury that is present
unintentionally in a final product of a
manufacturing process.
Manufacture means to produce. The
manufacture of elemental mercury means
secondary production (recovery). Materials from
which elemental mercury is recovered include
byproducts from mining or mineral processing,
residuals from air pollution control, industrial
waste, contaminated media, discarded products,
and other materials. Other terms for recovery of
elemental mercury include reclamation, retorting,
distillation, separation, and purification. Recovered
elemental mercury may be a commodity or a
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waste. If it is a waste, elemental mercury is not
reported in the MER application. A mercury
compound is generally produced as a commercial
chemical product. See also mercury-added
product.
Mercury means elemental mercury and mercury
compounds. The term "mercury" also includes
mixtures that include mercury and/or mercury
compounds. An example of a mercury compound
mixture is a vaccine containing Thimerosal. See
definition at 15 U.S.C. 2607(b)(10)(A).
Mercury-added product is an item to which
mercury is intentionally added when a product
is manufactured. The mercury remains present
in the final product for a particular purpose.
Examples are fluorescent light bulbs, thermostats,
medicines, and dental amalgam capsules."
Mercury compound is formed when elemental
mercury reacts with another substance, either
in nature or intentionally by humans. A table of
mercury compounds subject to the reporting
requirements can be found at 40 CFR part 713.5.
Otherwise intentionally use mercury in a
manufacturing process means the intentional
addition/use of the mercury other than to
manufacture a mercury-added product. Examples
are use of mercury as a catalyst, cathode, reactant,
or reagent. It does not include the use of tools or
equipment that contain mercury or the installation
of a component that contains mercury as part of
the manufacture of an assembled product."
Person refers to a number of entities defined by
EPA reporting regulations as "any individual, firm,
company, corporation, joint venture, partnership,
sole proprietorship, association, or any other
business entity; any State or political subdivision
thereof; any municipality; any interstate body; and
any department, agency, or instrumentality of the
Federal Government" (see 40 CFR part 704.3).
* Use of the term "manufacture" when referring to a
mercury added product is similar, but not identical, to the
TSCA definition for "process," which means "preparation of
a chemical substance or mixture, after its manufacture, for
distribution in commerce ... in the same form or physical
state as, or in a different form or physical state from,
that in which it was received by the person so preparing
such substance or mixture, or... as part of an article
containing the chemical substance or mixture" (see 15 U.S.C
2602(13)).
**To otherwise intentionally use mercury in a manufacturing
process is similar, but not identical to the TSCA definition
for "process," which means "preparation of a chemical
substance or mixture, after its manufacture, for distribution
in commerce ... in the same form or physical state as, or
in a different form or physical state from, that in which it
was received by the person so preparing such substance or
mixture, or... as part of an article containing the chemical
substance or mixture" (see 15 U.S.C. 2602(13)).
Appendix
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