G/TBT/N/USA/1800  
9 November 2021  
(21-8485) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1829]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated i f different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Mercury -
added products; Environmental protection (ICS 13.020), Products of the chemical 
industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Response to 
Vacatur of Certain Provisions of the Mercury Inventory Reporting Rule (5 page(s), in 
English)  
6. Description of content:  Final rule - The Environmental Protection Agency (EPA) is  
revising  regulations associated with persons who must report data to the  Agency's 
mercury inventory established under the Toxic Substances  Control Act (TSCA). Those 
reporting requirements were set forth in a  final rule entitled "Reporting Requirements for  
TSCA   Mercury  Inventory: Mercury" (hereafter "mercury inventory reporting rule").  These 
revisions implement an order issued by the United States Court of  Appeals for the Second 
Circuit (Second Circuit), on 5 June 2020.  
7. Objective and rationale, includi ng the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
86 Federal Register (FR) 61780, 8 November  2021; Title 40 Code of Federal Regulations 
(CFR) Part 713:   
https://www.govinfo.gov/content/pkg/FR -2021-11-08/html/2021 -24209.htm  
https://www.govinfo.gov/content/pkg/FR -2021-11-08/pdf/2021 -24209.pdf  
This final rule and a proposed rule published 26 October 2017 at 
https://www.govin fo.gov/content/pkg/FR -2017-10-26/html/2017 -23225.htm  
and https://www.govinfo.gov/content/pkg/FR -2017-10-26/pdf/2017 -23225.pdf  
are identified by Docket Number E PA-HQ-OPPT-2017-0421. The Docket Folder is available 
on Regulations.gov at  https://www.regulations.gov/docket/EPA -HQ-OPPT-2017-
0421/document  and provides access t o primary and supporting documents as well as G/TBT/N/USA/1800  
 
- 2 - 
 
  comments received. Documents are also accessible from  Regulations.gov  by searching 
the Docket Number.  
9. Proposed date of adoption:  8 December 2021  
Proposed date of entry into force:  8 December 2021  
10. Final date for comments:  None 
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_7077_00_e.pdf