40 CFR §713.7

1. (a)Any person who manufactures (including imports) mercury, except:
   1. (1)A person who does not manufacture (including import) mercury with the purpose of obtaining an immediate or eventual commercial advantage;
   2. (2)A person who manufactures (including imports) mercury only as an impurity; or
   3. (3)A person engaged only in the generation, handling, or management of mercury-containing waste, including recovered mercury that is discarded or elemental mercury that is managed for long-term storage and management under section 6939f(g)(2) of the Resource Conservation and Recovery Act;
2. (b)Any person who manufactures (including imports) a mercury-added product, except:
   1. (1)A person who does not manufacture (including import) a mercury-added product with the purpose of obtaining an immediate or eventual commercial advantage; or
   2. (2)A person engaged only in the manufacture (other than import) of a product that contains a component that is a mercury-added product who did not first manufacture (including import) the component that is a mercury-added product; and
3. (c)Any person who otherwise intentionally uses mercury in a manufacturing process, except a person who does not intentionally use mercury in a manufacturing process with the purpose of obtaining an immediate or eventual commercial advantage.