C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER R—TOXIC SUBSTANCES CONTROL ACT › PART 713—REPORTING REQUIREMENTS FOR THE TSCA INVENTORY OF MERCURY SUPPLY, USE, AND TRADE

40 C.F.R. § 713.7

Persons who must report

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(a) Any person who manufactures (including imports) mercury, except:

(1) A person who does not manufacture (including import) mercury with the purpose of obtaining an immediate or eventual commercial advantage;

(2) A person who manufactures (including imports) mercury only as an impurity; or

(3) A person engaged only in the generation, handling, or management of mercury-containing waste, including recovered mercury that is discarded or elemental mercury that is managed for long-term storage and management under section 6939f(g)(2) of the Resource Conservation and Recovery Act;

(b) Any person who manufactures (including imports) a mercury-added product, except:

(1) A person who does not manufacture (including import) a mercury-added product with the purpose of obtaining an immediate or eventual commercial advantage; or

(2) A person engaged only in the manufacture (other than import) of a product that contains a component that is a mercury-added product who did not first manufacture (including import) the component that is a mercury-added product; and

(c) Any person who otherwise intentionally uses mercury in a manufacturing process, except a person who does not intentionally use mercury in a manufacturing process with the purpose of obtaining an immediate or eventual commercial advantage.

[83 FR 30073, June 27, 2018, as amended at 86 FR 61712, Nov. 8, 2021]
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Nat. Resources Def. Council, Inc. & State of Vermont v. United (2d Cir. 2020).
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Nat. Resources Def. Council, Inc. & State of Vermont v. United (2d Cir. 2020). · cites it 16× “Accordingly, we GRANT REVIEW of and VACATE 40 C.F.R. § 713.7 (b)(2) but DENY REVIEW of 40 C.”
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