UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

SUBPOENA AND INFORMATION REQUEST

I. STATUTORY AUTHORITY This Subpoena and Information Request is issued pursuant to the authority vested in the EPA Administrator, as delegated to the Assistant Administrator for Chemical Safety and Pollution Prevention, under Section 1l(c) ofthe Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 261 O(c). II. CERTIFICATION The information provided shall 

### be verified by, and submitted under an authorized signature by a responsible corporate officer, 1 with the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. III. CONFIDENTIAL BUSINESS INFORMATION The information requested herein must be provided notwithstanding the possibility that the information requested may be characterized as confident ial business information or trade secrets. Request for confidential treatment must be made when information or access to records is provided and in accordance with the instructions provided in Section V .M. below. IV. SUBMISSION OF YOUR RESPONSE TO THE INFORMATION REQUESTED All submissions required by this request shall be provided within thirty (30) days of receipt of this request, and addressed to: Tanya Hodge Mottley Director, National Program Chemicals Division U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW MC: 7404M Washington, DC 20460

1 The term "responsible corporate officer, " as used herein, means a president, secretary, treasurer , or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.Do not submit information that you consider to be confidential business information (CBI) electronically through EPA ' s electronic public docket or by e-mail. For guidance on submitt ing CBI, see paragraph V.M. Addresses for C BI: 

### U.S. Mail U.S. EPA Office ofPollution Prevention and Toxics Document Control Office (7407M) 1200 Pennsylvania Ave. , NW Washington, DC 20460 Courier U.S. EPA Office of Pollution Prevention and Toxics Confi dential Business Information Center (CB IC) William Jefferson Clinton East Building, Room 6428 1201 Constitution Ave. , NW Washington , DC 20004-3302 V. INSTRUCTIONS A. Respond to Each Request Completely. Each request is numbered. A separate response must be made to each request. Provide a sepa rate narrative response to each request and clear ly identify your responses with the number and text of the request to which it corresponds

. Each question posed must be answered. If the appropriate re sponse is " none" or " not applicable, " that information should be so stated. You must also submit any documents you relied on in preparing your response. Incomplete, evasive, or ambiguous answers shall constitute fail ur e to respond to this Subpoena and Informati on Request and may subject you to penalties as discussed in the cover letter. B. Source(s) of Response. Include with each nar rative response, the name , position, and title of each person(s) who provided infonnation respons ive to the request. C. Submission of Documents. Label each document submitted with the request number and subpart (if applicable) to which it corresponds. Date stamp each document you submit. If anything is deleted from a document produced in re sponse to this Information Request, state the reason fo r and the subject matter ofthe deletion. D. Documents Responsive to More than One Request. If a document you submit is responsive to more than one request, provide one copy of the document and identify all the requests , by number and subpart, to which it corresponds. E. Do Not Substitute Derivative or Summary Documents. Where a document is requested, ple ase provide the re spon sive document. You may, 

### if you wish , provide additional or exp lanatory documents to accompany the responsive document(s). However, your failure to provide the document requested wi ll be considered a failure to completely respond to this Subpoena and Information Request.F. Provide the Best Information Available. Unless otherwise specified, responses do not require you to create new data or information. However, you should provide responses to the best of your ability, even ifthe information sought was never put down in writing or if the written documents are no longer 

### available

. You should seek responsive information from current and former employees and/or agents. Submission of cursory re sponse s when other responsive informa tion is available to you will be considered a failure to completely respond to this Subpoena and Information Request. 

### If you cannot provide a precise answer to any questions, please approximate and state the reason for your inability to be specific. G. Unavailability of Records. 

### If you are unable to respond to a request in a detailed and complete manner, or if you are unable to provide any ofthe information requested, indicate the reason for your inability to do so. 

### If a record(s) respons ive to a request is not in your possession, custody, or control and you have reason to believe that another person may be able to provide it, state the reasons for your belief and provide the person's name, address, telephone number, and any informa tion available (i

.e., author, date, or subject matter) about the record(s). H. Documents That Have Been Transferred. 

### If any records responsive to a request have been transferred or otherwise disposed of, identify the document, identify the person to whom it was transferred, describe the circumstances surrounding such transfer or other disposition, and state the date or approximate date of such transfer or other disposition. I. Duty to Provide and/or Correct Information on a Continuing Basis. 

### If any records responsive to a request are not known or are not available to you at the time you subm itted your response, but later become known or available to you, you must submit the new information as a supplement to your response . 

### If at any time after submission of your response you learn that any portion is or becomes false, incomplete, or misrepresents the facts, you must notify EPA ofthis fac t as soon as possible and provide a corrected response. Failure to supplement your response within thirty (30) days of discovering such responsive information may subject you to an enforcement action. 

### If any part of the response to this Subpoena and Information Request is found to be false, the signatory to the response and the company may be subject to criminal prosecution. J. Identify Personal Privacy Information

. Personnel and medical files, and similar files, the disclosure of which to the general public may constitute an invasion of privacy, should be segregated from your responses, included on separate sheet(s), and marked as "Personal Privacy Information." You should note however, that unless prohibited by law, EPA may disclose this information to the general public without further notice to you. K. Indic ate Objections to Requests. While you may indicate that you object to certain requests contained in this Subpoena and Informa tion Request, you must provide responsive information notwithstanding those objections. To object without providing responsive information may subject you to the penalties discussed in the cover letter. L. Claims of Privilege. 

### If you claim that an entire document responsive to this Subpoena and Informat ion Request is a communication for which you assert that a privilege exists, identify the document and provide the basis for asserting the privilege. For any document for which you assert that a privilege exists for a portion of it, provide the portion of the document for which you are not asserting a privilege; identify the portion of the document for which you are asserting the privilege; and provide the basis for such an assert.ion. Please note that regardless ofthe assertion of any privilege, any factscontained in the document which are responsive to the Subpoena and Information Request must be disclosed in your respon se . M. Confidential Business Information. You must provide the information requested even though you consider it confidential information or trade secrets. You may assert a bu siness confidentiality claim for part or all of the information requested, as described below and set forth in 40 C.F.R. Part 2, Subpart B. Information covered by such a claim will be dis closed by EPA only to the extent and only by the procedures set forth in 40 C.F. R. Part 2 , Subpart B. 

### If no confidentiality claim ac companies the information when EPA receives it, the information may be made available to the public by EP A without further notice to you. 

### If you wish EPA to treat any information or r esponse as "confidential ," you must advis e EPA and comply with the following procedures. Place on or attach to the information at the time it is submitted to EPA a cover sheet, stamped or typed legend , or other suitable form of notice employing such language as trade secret , proprietary , or compan y confidential. 2 You must clearly identify allegedly confidential portions of otherwise non-confidential documents and you may want to submit these separately to facilitate identification and handling by EPA. EPA will ask you to substantiate each claim of confidential business information by separate letter in accordance with applicable EPA regulations, 40 C

.F.R. Part 2, Subpart B

. 

### VI

. DEFINITIONS Except as otherwise defined below, terms in this S ubpoena and Information Request ha ve the s ame definition used in TS CA, 15 U.S.C. §§ 260 1 through 2695d, and the regulations promulgated thereunder. A. The terms " and " and " or" shall be construed either disjunctively or conjunctively as neces sary to bring within the scope of thi s Subpoena and Information Request an y information which might otherwise be con strued to be outside its scope. B. The term "any, " as in "a ny documents ," for example, shall mean " any and al l. " C. The term "company" mea ns the entity identifi ed as the addressee on the cover letter to thi s Subpoena and Information Request and all related and affiliated facilitie s or corporate entities (including , but not limited to , parent corporations , subsidiaries, joint ventures , partnerships, and affilia te s) that manufacture , process , or distribute in commerce mercury and/or mercury compounds. D. The terms " distribute in commerce" and "distr ibution in commerce " when u sed to describe an action taken with respe ct to a chemical substance or mix ture or article containing a substance or mixtur e mean to sell, or the sale of , the substance, mixture , or article in commerce; to introduce or deliver for introduction into commerce , or the introd uction or de li very for introduction into commerce of, the sub stance , mixture, or article; or to bold, or the holding of, the substance , mixture , or article after its introduction into commerce.

2 Note that EPA has issued g uidance that may be relevant in consideri ng whether to assen confidential ity claims. F or example , the Agency has stated that, in general, EPA expects to find that chemical identity in health and safety studies su bmitted under the Tox i c Substances Control Act is not CB I unless it explicitly contains process infonnation or discloses ponions of a mixture

. 75 Fed. Reg

. 29 ,754 (May 27 , 20 I0). Also, in the interest o f transparency, we ask that you exerc ise prude nce and assert CBI claims sparingly.E. The term "manufacture" means to import into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), produce, or manufacture. 

### F

. The t enn "mercury" means elemental mercury (Chemical Abstracts Service Registry Number 7439-97-6). G. The term "mercury compound" means mercury reacted with another substance (e.g

. , mercury chloride, mercury oxide, methylmercury). H. The term "mixture" means any combination oftwo or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result ofa chemical reaction; except that such term does include any combination which occurs, in whole or in part, as a result of a chemical reaction if none ofthe chemical substances comprising the combina tion is a new chemical substance and ifthe combinat ion could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined. I. The term "person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), limited liability company, partnership, association, state, municipality, commission, political subdivision of a state, or an interstate body. J. The term "process" means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce: 1. in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or 2. as part of an article containing the chemical substance or mixture.

### VII

. SUBPOENA AND INFORMATION REQUEST Your response to the following questions is due within thirty (30) days of receipt of this request. To the extent you know or can reasonab ly ascertain, EPA requests the following information from you in regard to mercury and/or mercury compounds: 1. List of customers that purchase or otherwise receive mercury from your company as of January 1, 2015. For each customer, include contact information (company name, and name, title, mailing address, telephone number, and email address of your main contact(s)). 2. Total quantity in pounds ofmercury manufactured or processed by your company from mercury, mercury compounds, or mixtures containing mercury during each of the calendar years 2010 and 2013. 3. Maximum quantity in pounds of mercury stored on-site by your company during each of the calendar years 2010 and 2013. 4. Total quantity in pounds of mercury stored on-site by your company for the purpo se ofeventual sale during each of the calendar years 2010 and 2013. 5. Total quantity in pounds of mercury stored on-site by your company for the purpose ofeventual transfer to a long-term management and storage facility at the U.S. Department of Energy, in accordance with 42 U.S.C. § 6939f(g)(2)(B), during each ofthe calendar years 2010 and 2013. 6. Total quantity in pounds of mercury distributed in commerce by your company during each of the calendar years 2010 and 2013

. 7

. Ofthe quantity in pounds identified in response to question 6, total quantity in pounds of mercury transferred off-site by your company during each of the calendar years 2010 and 2013. 8. Ofthe quantity in pounds identified in response to question 7 , total quantity in pounds ofmercury transferred off-site by your company to a separate company for storage and certified for eventual transfer to a long-term management and storage facility at the U.S. Department of Energy, in accordance with the 42 U.S.C. 

### § 6939f(g)(2)(B), during each ofthe calendar years 2010 and 2013. Also provide the name and address ofthe receiving facility. 9

. Ofthe quantity in pounds identified in response to question 7, total quanti ty in pounds of mercury transferred off-site by your company to a separate company for processing3 during each of the calendar years 2010 and 2013. Also provide the name and address of the receiving fac il ity. 

### IO. Ofthe quantity in pounds identified in response to question 6, total quantity in pounds of mercury sold by your company during each of the calendar years 2010 and 2013. 11. Did your company import mercury, mercury compounds, or mixtures containing mercury for manufacturing or processing during each of the calendar years 20 I 0 and 2013? 

### If so, total quantity in pounds ofmercury and/or mercury compounds imported by your company and from which country(ies) of origin during each ofthe calendar years 2010 and 2013. 12. Did your company export mercury during each of the calendar years 20I 0 and 2013? 

### If so, total quantity in pounds of mercury exported by your company and to which country(ies) of destination during each ofthe calendar years 2010 and 2013.

3 Do not include quantities transferred off-site for recycling that were reported to the Toxics Release Inventory for calendar years 20 10 and 2013

.

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

SUBPOENA AND INFORMATION REQUEST



### SIGNATORY:

JAME J J ONES ASSIS T ADMINIST TOR OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION