Reporting Requirements for the Mercury Inventory of the Toxic Substances Control Act
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On June 27, 2018, EPA published in the Federal Register a final rule to require reporting from persons who manufacture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a manufacturing process. The information collected through the reporting requirements are used to develop an inventory of mercury supply, use, and trade in the United States. Based on the information collected, the Agency will identify any manufacturing processes or products that intentionally add mercury and recommend actions to achieve further reductions in mercury use.
The final rule requires companies, organizations, and individuals to submit their mercury information to EPA using the online Mercury Electronic Reporting (MER) application, which is organized as a fill-in-the-blanks form with drop-down menus and lists of check-box options. The MER application can be accessed through the Agency's Central Data Exchange (CDX). Links to resources that will help companies, including small businesses, determine whether they are subject to EPA’s mercury inventory reporting requirements are provided below.
On November 8, 2021, EPA published a final rule to implement an order issued by the U.S. Court of Appeals for the 2nd Circuit on June 5, 2020. The 2nd Circuit vacated the exemption at 40 CFR 713.7(b)(2) for persons who import pre-assembled products that contain a mercury-added component (e.g., a watch that contains a mercury-added battery). That rule effectuated the vacatur ordered by the 2nd Circuit and made necessary amendments to corresponding text in 40 CFR 713.7(b).
- Read the proposed rule.
- Read the Response to Comments document.
- Read the 2023 Mercury Inventory Report.
- Read the amendments to the reporting requirements.
On December 21, 2023, EPA published the second in a series of triennial reports on the supply, use, and trade of mercury in the United States, supported by the Agency’s mercury inventory reporting rule. The report presents aggregated data submitted on imported mercury, mercury manufactured in the United States, imported mercury-added products, mercury-added products made in the United States, and mercury used in manufacturing processes. The inventory report also provides a broad view of U.S. mercury stored, sold, and exported, as well as industry sectors and countries involved in the supply, use, and trade of mercury.
Read the 2023 Mercury Inventory Report:
2020 Mercury Inventory Report
On March 30, 2020, EPA published the first in a series of triennial reports on the supply, use, and trade of mercury in the United States, supported by the Agency’s mercury inventory reporting rule. Based on the information collected under the mercury inventory reporting rule, the 2020 Mercury Inventory Report identified any manufacturing processes or products that intentionally added mercury.
In December 2020, EPA updated the totals reported in its March 2020 Inventory of Mercury Supply, Use, and Trade in the United States 2020 Report. Consistent with EPA’s goals to ensure that all persons required to report are aware of the new reporting requirements and that the mercury inventory accurately describes the supply, use, and trade of mercury in the United States, EPA accepted late submissions from a number of reporters and conducted outreach to additional potential reporters, some of whom were either determined to not need to report or have subsequently submitted data to the Agency. EPA incorporated additional data from five new reporters into its mercury reporting database and made the updated 2020 totals for supply, use, and trade available in summary fashion below. The Agency did not re-issue the 2020 report; however, it will use the newly submitted data to inform the 2023 inventory report, as well as ongoing activities related to mercury.
The publication of the 2020 Mercury Inventory Report represents the completion of a suite of mandates related to elemental mercury and mercury compounds per the Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments to the TSCA.
- In August 2016, EPA released a list of five mercury compounds that are prohibited from export effective January 1, 2020.
- In March 2017, EPA published an initial inventory report of mercury supply, use, and trade in the United States.
- In June 2018, EPA published the mercury inventory reporting rule, which established the reporting requirements that will support the 2020 and subsequent, triennial inventories.
Resources for determining if you need to report to EPA under the final rule:
- Frequent Questions on the Final Rule
- Compliance Guide: Reporting Requirements for the Mercury Inventory of the Toxic Substances Control Act
- Webinars on the Mercury Inventory Reporting Rule
Resources for reporting to EPA under the final rule: