U.S. EPA Publishes Inventory of Mercury Supply, Use, and Trade

by John J. Kowalski, CHMMSection 8(b)(10)(B) of the Toxic Substances Control Act (TSCA) directs the U.S. Environmental Protection Agency (EPA or the Agency) “to carry out and publish, in the Federal Register,” “an inventory of mercury supply, use, and trade in the United States” no later than April 1, 2017 and every three years thereafter. On March 29, 2017, EPA announced the availability of the initial inventory. The inventory itself was not published in the Federal Register. But, it is available in the docket at: EPA-HQ-OPPT-2017-0127-0002.No new requirements were imposed upon the regulated community with the publication of the initial inventory. However, Section 8(b)(10)(D) of TSCA provides that “any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to EPA, at such time and including such information” as the Agency determines by rule. Section 8(b)(10)(D) further provides that EPA must promulgate the rule by June 22, 2018. Finally, the Agency has stated that “future triennial inventories of mercury supply, use, and trade are expected to include data collected” under the rule.ReferenceEnvironmental Protection Agency. “Mercury; Initial Inventory Report of Supply, Use, and Trade.” Federal Register 82 (29 March 2017): 15522-15523. https://www.gpo.gov/fdsys/pkg/FR-2017-03-29/pdf/2017-06205.pdf