Mercury Export Ban Act of 2007

To prohibit certain sales, distributions, and transfers of elemental mercury, to prohibit the export of elemental mercury, and for other purposes.

11/13/2007--Passed House amended. Mercury Export Ban Act of 2007 -
(Sec. 3) Amends the Toxic Substances Control Act to prohibit any federal agency from conveying, selling, or distributing elemental mercury to any other federal, state, or local agency or any private individual or entity. Exempts transfers between federal agencies for the sole purpose of facilitating storage of mercury to carry out this Act.

(Sec. 4) Prohibits the export of elemental mercury from the United States effective January 1, 2010.
Requires the Administrator of the Environmental Protection Agency (EPA) to report to Congress on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury compounds used in significant quantities in products or processes. Requires such report to include an analysis of:
(1) the sources and amounts of such compounds imported into, or manufactured in, the United States;
(2) the purposes for which each of the compounds is used domestically, the amounts consumed annually for each purpose, and the amounts estimated to be consumed in 2010 and beyond;
(3) the sources and amounts of each compound exported annually in the last three years;
(4) the potential for the compounds to be processed into elemental mercury after export; and
(5) other information relevant in determining whether to extend the export prohibition to include mercury compounds.
Authorizes any U.S. resident to petition the Administrator for an exemption from the export prohibition. Authorizes the Administrator to grant an exemption for a specified use at an identified foreign facility if:
(1) nonmercury alternatives for the specified use are not available in the country where the facility is located;
(2) there is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the mercury will be used;
(3) the country where the mercury will be used certifies its support for the exemption;
(4) the export will be conducted in a manner that ensures the mercury will be used at the facility described and will not be diverted for other uses for any reason;
(5) the mercury will be used in a manner that will protect human health and the environment; and
(6) the export for the specified use is consistent with international obligations of the United States intended to reduce global mercury supply, use, and pollution.
Authorizes the Administrator to suspend or cancel an exemption for specified violations or the submission of false information. Subjects violators to penalties, injunctive relief, and citizen suits.
Declares that nothing in this Act:
(1) affects, replaces, or amends prior law relating to the need for consistency with international trade obligations; or
(2) prohibits the export of coal.

(Sec. 5) Requires the Secretary of Energy to:
(1) accept, and collect a fee for management and storage of, elemental mercury generated within the United States and delivered to a Department of Energy (DOE) facility; and
(2) report annually to specified congressional committees on the costs of such long-term management and storage.
Requires the Secretary to establish procedures and standards for the receipt, management, and long-term storage of elemental mercury at designated facilities that are protective of human health and the environmental and that ensure that the elementary mercury is stored in a safe, secure, and effective manner. Subjects such stored mercury to the requirements of the Solid Waste Disposal Act (SWDA). Sets forth provisions concerning permit applications under SWDA.
Requires the Secretary to:
(1) conduct training for elemental mercury management, transfer, storage, monitoring or response;
(2) ensure that each designated facility has all equipment necessary for routine operations, emergencies, monitoring, checking inventory, loading, and storing mercury; and
(3) ensure the installation of specified fire detection systems.
Provides for indemnification of persons delivering elemental mercury.
Declares that elemental mercury that the Secretary is storing on a long-term basis is not subject to a specified SWDA storage prohibition. Deems a generator accumulating elemental mercury destined for a facility for 90 days or less to be accumulating the mercury to facilitate proper treatment, recovery, or disposal for purposes of SWDA standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities.
Exempts elemental mercury that is stored at a facility with an SWDA hazardous waste permit from the SWDA prohibition of hazardous waste storage if:
(1) the Secretary is unable to accept the mercury at a designated facility for reasons beyond the control of the owner or operator of the permitted facility; and
(2) such owner/operator certifies that the owner/operator will ship the mercury to the designated facility when the Secretary is able to accept it and will not sell it or otherwise place it into commerce.
Requires the Secretary to report to Congress on a study that:
(1) determines the impact of the long-term storage program on mercury recycling; and
(2) includes proposals to mitigate any negative impact.
Requires the Administrator, at least three years after the effective date of the export prohibition, to report to specified congressional committees on the global supply and trade of elemental mercury.


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Sponsor

• Rep. Thomas Allen [D, ME-1]
• and 14 Co-Sponsors
  • Rep. Tammy Baldwin [D, WI-2]
  • Rep. George Butterfield [D, NC-1]
  • Rep. Lois Capps [D, CA-23]
  • Rep. Keith Ellison [D, MN-5]
  • Rep. Eliot Engel [D, NY-17]
  • Rep. Anna Eshoo [D, CA-14]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. Janice Schakowsky [D, IL-9]
  • Rep. Hilda Solis [D, CA-32]
  • Rep. Henry Waxman [D, CA-30]
  • Rep. Albert Wynn [D, MD-4]
  close

Committees

• Senate Environment and Public Works
• 2 more
  • House Energy and Commerce
  • House Energy and Commerce
  close

Amendments

This bill has no amendments.

Amendments to H.R.1534

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 15, 2007		November 13, 2007

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All Bill Actions

• May 13, 2008: Committee on Environment and Public Works. Hearings held.
• Nov 14, 2007: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
• Nov 13, 2007: The title of the measure was amended. Agreed to without objection.
• Passed by voice vote in the House on Nov 13, 2007. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
• Nov 13, 2007: DEBATE - The House proceeded with forty minutes of debate on H.R. 1534.
• Nov 13, 2007: Considered under suspension of the rules.
• Nov 13, 2007: Mr. Wynn moved to suspend the rules and pass the bill, as amended.
• Nov 13, 2007: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-444.
• Added to calendar on Nov 13, 2007: Placed on the Union Calendar, Calendar No. 275..
• Added to calendar on Oct 30, 2007: Ordered to be Reported (Amended) by the Yeas and Nays: 45 - 2..
• Oct 30, 2007: Committee Consideration and Mark-up Session Held.
• Aug 02, 2007: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
• Aug 02, 2007: Subcommittee Consideration and Mark-up Session Held.
• Jun 22, 2007: Subcommittee Hearings Held.
• Jun 21, 2007: Referred to the Subcommittee on Environment and Hazardous Materials.
• Mar 16, 2007: Referred to the Subcommittee on Environment and Hazardous Materials.
• Mar 15, 2007: Referred to the House Committee on Energy and Commerce.
• Introduced on Mar 15, 2007.

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Related Bills:

• S.906

Related Issue Areas:

• Hazardous substances
• Congress
• Congressional oversight
• Congressional reporting requirements
• 17 more
• Environmental health
• Environmental protection
• Environmental research
• Executive departments
• Export controls
• Federal advisory bodies
• Imports
• Labor
• Medical care
• Medicine
• Mercury
• Occupational health and safety
• Science policy
• Storage
• Trade
• Transportation
• Transportation of hazardous substances

Data from the Congressional Research Service

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In the News

November 14, 2007 House Passes Ban On Exports Of Elemental Mercury

The bill, HR 1534, is aimed at eliminating environmental release of the neurotoxic element. Tons of mercury are sold on world commodity markets, ...

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November 16, 2007 Maine News for Friday, November 16, 2007

Tom Allen, D-Maine, proposed a bill that would ban the export of highly toxic mercury and force federal agencies to find permanent storage facilities for their stockpiles. This House vote on HR 1534 was so unanimous it carried on a ...

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