EPA has announced amendments to its 2018 mercury reporting rule to extend reporting requirements to companies that import pre-assembled products that contain a mercury-added component. These companies will now be obligated to report these imports to EPA.

The revision comes after a challenge to the original rule in the 2nd Circuit, where the court vacated the existing exemption for importers of products containing mercury-added components (e.g., a watch with a mercury-added battery). The court found that this exemption was an unlawful interpretation of the Toxic Substances Control Act (TSCA) as it lacked a reasoned explanation, and EPA’s latest revision reflects the court’s decision.

The timing of the final rule offers impacted organizations adequate notice of the amended reporting requirements — the deadline for reporting 2021 data will be July 1, 2022. EPA says that the action will assist the agency in carrying out its requirements to identify products or manufacturing processes that intentionally add mercury as well as determine and recommend actions that can reduce mercury use overall in the U.S.

EPA will update its compliance guide and other supporting materials for the mercury inventory reporting rule to include information reflecting the new reporting requirements.

Key to remember: Revisions to the 2018 mercury inventory reporting rule will affect importers of pre-assembled products that contain mercury-added components. Under the final rule, the deadline for reporting 2021 data is July 1, 2022.