Vermont AG Submitted Petition for Review of EPA’s Mercury Inventory Rule

Vermont Attorney General T. J. Donovan submitted a petition for review of the Environmental Protection Agency’s (EPA) final rule modifying reporting requirements for mercury. The EPA is required to develop mercury reporting regulations under the Toxic Controlled Substances Act (TSCA), which directs the agency to create a comprehensive inventory of mercury “supply, use and trade” in the United States. The EPA’s final rule exempts companies from reporting industrial mercury use if those companies are already reporting under TSCA’s Chemical Data Reporting requirements, which critics argue violates Congress’s clear intent under the law, and will lead to an incomplete and outdated inventory of mercury.

• Documents: Petition for Review
• Document Type: Petitions
• States: Vermont
• Agencies: Environmental Protection Agency
• Issues: Environmental Justice Public Health Toxics
• Era: Trump Administration
• Outcome: Partial Win
• Explanation of Outcome:Vermont and NRDC sued EPA challenging the legality of three categorical exemptions from TSCA reporting requirements regarding mercury. The court ruled for Petitioners on one point (vacating 40 C.F.R. § 713.7(b)(2), which exempted those who import products containing a mercury-added component from all reporting requirements), but denied Petitioners’ two other claims regarding 40 C.F.R. §§ 713.7(b)(3) (which exempts manufacturers of products containing mercury-added components from all reporting requirements) and 713.9(a) (which exempts manufacturers or importers of large quantities of mercury from certain reporting requirements). The opinion can be found here.
• Action Type: Litigation