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Specifically, pay day loan that report to IMERC would not be required to report the amount of mercury distributed in commerce under this proposed rule because EPA believes that information is captured by IMERC as national sales data. However, those that report to IMERC would still be required pay day loan provide qualitative data-NAICS codes related to sales data-as part of the distribution in commerce reporting requirement (see Table 4-Information to Report-Mercury-Added Products).


TSCA Chemical Data Reporting Rule. EPA also sought to avoid duplicating the mercury reporting requirements of its own CDR rule (Ref. The CDR rule collects manufacturing, processing, and use information on certain chemical substances manufactured (including imported) in the United States. Persons required to report include those that manufacture (including import) for commercial purposes in pay day loan of 2,500 lbs.


In general, CDR reporters do not report information on chemical substances in articles, unless they first import or domestically manufacture the chemical substance that they then incorporate into an article or product (Ref. As discussed in regard to coordinating with IMERC to avoid duplicative reporting, the Agency's intended design for the reporting application for the mercury inventory would allow a CDR reporter to automatically skip certain reporting requirement fields that would be considered duplicative.


As an example, those that report to CDR would not be required to provide the amount of mercury imported, however, they would be required to provide qualitative information-in this example the country of origin-as part of the reporting requirement (see Table 3-Information to Report-Mercury).


The TRI program collects data on toxic chemical releases to air, water and land from industrial facilities and pollution prevention activities in the United States. The TRI program requires reporting when covered facilities in covered industrial sectors manufacture, process, or otherwise use more than 10 lbs.


However, while the TRI program requires reporters to specify whether mercury is manufactured, processed, or otherwise Start Printed Page 49573used in activities comparable to the proposed rule (e.


Additionally, EPA reviewed the USITC DataWeb, pay day loan provides U. All trade data are compiled from official data retrieved from the U. Bureau of the Census (Census). Principal Party in Interest or their agents through the Automated Export System. Published data on U. Customs and Border Protection (CBP). Data are also compiled from import entry summary forms, warehouse withdrawal forms and Foreign Trade Zone documents as required by law to be filed with CBP.


After reviewing these reporting programs, EPA has sought to design the proposed reporting requirements to be least burdensome for reporters already familiar with IMERC, CDR, TRI, and USITC DataWeb protocol. Therefore, the Agency is proposing to incorporate comparable reporting concepts and tools from each program, as well as propose some exemptions, in an attempt to increase the efficacy of while decreasing the burden to the greatest extent practicable for reporting to a national mercury inventory.


EPA is seeking comment on the incorporation of the reporting concepts and tools from each program, as well as the proposed exemptions. As explained in Unit III.


Furthermore, EPA reads TSCA section 8(b)(10)(D)(i) to narrow potential reporters to persons who first manufacture mercury or mercury-added products or otherwise intentionally use mercury in a manufacturing process. As such, EPA determined that persons who merely trade (e. Exemption for Persons Who Generate, Handle, or Manage Mercury-containing Waste. Mercury-containing waste that is hazardous is regulated by the Resource Conservation and Recovery Act (RCRA).


EPA considers the following examples of persons and waste types to be exempt from reporting to the proposed rule:-Generate a mercury-containing waste and send it to a waste management facility. The exemption applies to the mercury in the facility's waste but not to the quantity it uses.


Under the proposed rule, the facility would report on the quantity it uses. In that case, the facility would report the mercury it uses, but not the mercury in the products it discards because the products and the mercury within them are waste.


EPA seeks comments on the examples provided and requests input on other relevant examples that may be useful. The exemption at 15 U. For example, if a waste treatment facility retorts or distills mercury-containing waste to recover elemental mercury and then sells or stores the mercury for later sale, that person is considered to be a manufacturer of mercury and must report to the proposed rule for the amount of elemental mercury it sells or stores.


If any manufacturer covered by the proposed rule decides at any time to manage the elemental mercury as a waste, that mercury is subject to the RCRA, but not to the proposed rule. Elemental mercury that is stored under MEBA or converted to a mercury compound and disposed of remains a waste, that is, its status cannot change from waste to commodity mercury. As discussed in Unit III. EPA conducted this review in an attempt not only to eliminate duplicative reporting Start Printed Page 49574requirements, but also to incorporate applicable features of such programs, including the consideration of respective reporting thresholds.


When considered pay day loan in light of the statutory text at TSCA section 8(b)(10)(C), as well as concerns related to the potential adverse effects on human health and the environment resulting from releases of mercury, the Agency finds that it would be inappropriate to propose a threshold under which reporting would not be required.


Therefore, EPA proposes to apply the proposed reporting requirements to any person who manufactures (including imports) mercury, mercury-added products or otherwise intentionally uses mercury in a manufacturing process regardless of the amount of mercury at issue. EPA seeks comment on this approach. Because of the similarities in the intentional addition of mercury to manufacture a product and otherwise intentional use of mercury in a manufacturing process, EPA determined that all quantities of mercury used in both activities should be reported without a reporting threshold.


By comparison, the CDR rule contains reporting thresholds for chemical substances, including elemental mercury and mercury compounds. EPA interprets the mandate in TSCA section 8(b)(10)(B) to call for a comprehensive inventory such that existing data gaps would be eliminated, where feasible. The Agency also seeks as much as possible to complement amounts of quantitative mercury data already collected by, but without overlapping with, reporting requirements of the CDR rule.


In general, the Agency seeks to require reporting for persons who manufacture (including import) mercury in quantities less than the CDR thresholds for elemental mercury (2,500 lbs. Persons Who Manufacture (Including Import) Mercury. As described in Unit III.


Although not exhaustive, persons who engage in the following activities would be required to report under the proposed rule (see Table 3. Information to Report-Mercury):As described in Unit III. As such, EPA proposes that persons who manufacture (including import) for commercial purposes in excess of 2,500 lbs.