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Federal Court Vacates Importer Exemption From EPA Mercury Reporting Requirements

A federal appeals court on June 5 struck down an exemption from Environmental Protection Agency mercury reporting rules for importers of assembled products. The U.S. Court of Appeals for the 2nd Circuit said an exemption in EPA’s 2018 mercury reporting…

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regulations for importers of products containing a mercury-added component runs afoul of requirements in Toxic Substances Control Act reform legislation passed in 2016 to require such reporting (see 1806270033). On the other hand, the court upheld a similar exemption for manufacturers because the mercury-added components would have already been subject to reporting, and also upheld an exemption for importers and manufacturers of large quantities of elemental mercury, because such reporting is already required under chemical data reporting rules.