S 1818 ISCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes.CommentsClose CommentsPermalink

July 19, 2007

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Missing Mercury in Manufacturing Monitoring and Mitigation Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife;CommentsClose CommentsPermalink





(2) as many as 10 percent of women in the United States of childbearing age have mercury in their bloodstreams at a level that could pose risks to their unborn babies, and as many as 630,000 children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero;CommentsClose CommentsPermalink





(3) the most significant source of mercury exposure to people in the United States is ingestion of mercury-contaminated fish;CommentsClose CommentsPermalink





(4) the long-term solution to mercury pollution is to minimize global mercury use and releases of mercury to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption, since uncontaminated fish represents a critical and healthy source of nutrition for people worldwide;CommentsClose CommentsPermalink





(5) an estimated additional 24,000 to 30,000 tons of mercury are used at mercury cell chlor-alkali plants worldwide;CommentsClose CommentsPermalink





(6) mercury pollution is a transboundary pollutant that--CommentsClose CommentsPermalink





(A) is deposited locally, regionally, and globally; andCommentsClose CommentsPermalink





(B) affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle;CommentsClose CommentsPermalink





(7) of the approximately 30 plants in the United States that produce chlorine, only 8 use the obsolete `mercury cell' chlor-alkali process, and 5 have not yet committed to phasing out mercury use;CommentsClose CommentsPermalink





(8)(A) only about 10 percent of the total quantity of chlorine and caustic soda produced in the United States comes from the chlor-alkali plants described in paragraph (7) that use the mercury cell chlor-alkali process;CommentsClose CommentsPermalink





(B) cost-effective alternatives are available and in use in the remaining 90 percent of chlorine and caustic soda production; andCommentsClose CommentsPermalink





(C) other countries, including Japan, have already banned the mercury cell chlor-alkali process;CommentsClose CommentsPermalink





(9) the chlor-alkali industry acknowledges that--CommentsClose CommentsPermalink





(A) mercury can contaminate products manufactured at mercury cell facilities; andCommentsClose CommentsPermalink





(B) the use of some of those products results in the direct and indirect release of mercury;CommentsClose CommentsPermalink





(10) despite those quantities of mercury known to have been used or to be in use, neither the chlor-alkali industry nor the Environmental Protection Agency is able--CommentsClose CommentsPermalink





(A) to adequately account for the disposition of the mercury used at those facilities; orCommentsClose CommentsPermalink





(B) to accurately estimate current mercury emissions; andCommentsClose CommentsPermalink





(11) it is critically important that the United States work aggressively toward the minimization of supply, demand, and releases of mercury, both domestically and internationally.CommentsClose CommentsPermalink

SEC. 3. STATEMENT OF POLICY.

Congress declares that the United States should develop policies and programs that will--CommentsClose CommentsPermalink





(1) reduce mercury use and emissions within the United States;CommentsClose CommentsPermalink





(2) reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; andCommentsClose CommentsPermalink





(3) reduce exposures to mercury, particularly exposures of women of childbearing age and young children.CommentsClose CommentsPermalink

SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

(a) In General- Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following:CommentsClose CommentsPermalink

`SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CHLOR-ALKALI FACILITY- The term `chlor-alkali facility' means a facility used for the manufacture of chlorine or caustic soda using a mercury cell process.CommentsClose CommentsPermalink





`(2) HAZARDOUS WASTE; SOLID WASTE- The terms `hazardous waste' and `solid waste' have the meanings given those terms in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).CommentsClose CommentsPermalink





`(b) Prohibition- Effective beginning January 1, 2012, the manufacture of chlorine or caustic soda using mercury cells is prohibited in the United States.CommentsClose CommentsPermalink





`(c) Reporting-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than April 1, 2008, and annually thereafter through April 1, 2012, the owner or operator of each chlor-alkali facility shall submit to the Administrator and the State in which the chlor-alkali facility is located a report that identifies--CommentsClose CommentsPermalink





`(A) each type and quantity of mercury-containing hazardous waste and nonhazardous solid waste generated by the chlor-alkali facility during the preceding calendar year;CommentsClose CommentsPermalink





`(B) the mercury content of the wastes;CommentsClose CommentsPermalink





`(C) the manner in which each waste was managed, including the location of each offsite location to which the waste was transported for subsequent handling or management;CommentsClose CommentsPermalink





`(D) the volume of mercury released, intentionally or unintentionally, into the air or water by the chlor-alkali facility, including mercury released from emissions or vaporization;CommentsClose CommentsPermalink





`(E) the volume of mercury estimated to have accumulated in pipes and plant equipment of the chlor-alkali facility, including a description of--CommentsClose CommentsPermalink





`(i) the applicable volume for each type of equipment; andCommentsClose CommentsPermalink





`(ii) methods of accumulation; andCommentsClose CommentsPermalink





`(F) the quantity and forms of mercury found in all products produced for sale by the chlor-alkali facility.CommentsClose CommentsPermalink





`(2) AVOIDANCE OF DUPLICATION- To avoid duplication, the Administrator may permit the owner or operator of a facility described in paragraph (1) to combine and submit the report required under this subsection with any report required to be submitted by the owner or operator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).CommentsClose CommentsPermalink





`(d) Inventory-CommentsClose CommentsPermalink





`(1) IN GENERAL- For each chlor-alkali facility that ceases operations on or after July 1, 2008, not later than 1 year after the date of cessation of operations, the Administrator, in consultation with the State in which the facility is located, shall conduct a comprehensive mercury inventory covering the life and closure of the chlor-alkali facility, taking into account--CommentsClose CommentsPermalink





`(A) the total quantity of mercury purchased to start and operate the chlor-alkali facility;CommentsClose CommentsPermalink





`(B) the total quantity of mercury remaining in mercury cells and other equipment at the time of closure of the chlor-alkali facility;CommentsClose CommentsPermalink





`(C) the estimated quantity of mercury in hazardous waste, nonhazardous solid waste, and products generated at the chlor-alkali facility during the operational life of the chlor-alkali facility; andCommentsClose CommentsPermalink





`(D) the estimated aggregate mercury releases from the chlor-alkali facility into air and other environmental media.CommentsClose CommentsPermalink





`(2) RECORDS AND INFORMATION- In carrying out paragraph (1), the Administrator shall obtain mercury purchase records and such other information from each chlor-alkali facility as are necessary to determine, as accurately as practicable from available information, the magnitude and nature of mercury releases from the chlor-alkali facility into air and other environmental media.CommentsClose CommentsPermalink





`(e) Mercury Storage Advisory Committee-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established an advisory committee, to be known as the `Mercury Storage Advisory Committee' (referred to in this subsection as the `Committee').CommentsClose CommentsPermalink





`(2) MEMBERSHIP-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Committee shall be composed of 9 members, of whom--CommentsClose CommentsPermalink





`(i) 2 members shall be jointly appointed by the Speaker of the House of Representatives and the majority leader of the Senate--CommentsClose CommentsPermalink





`(I) 1 of whom shall be designated to serve as Chairperson of the Committee; andCommentsClose CommentsPermalink





`(II) 1 of whom shall be designated to serve as Vice-Chairperson of the Committee;CommentsClose CommentsPermalink





`(ii) 1 member shall be the Administrator;CommentsClose CommentsPermalink





`(iii) 1 member shall be the Secretary of Defense;CommentsClose CommentsPermalink





`(iv) 1 member shall be a representative of State environmental agencies;CommentsClose CommentsPermalink





`(v) 1 member shall be a representative of State attorneys general;CommentsClose CommentsPermalink





`(vi) 1 member shall be a representative of the chlorine industry;CommentsClose CommentsPermalink





`(vii) 1 member shall be a representative of the mercury waste treatment industry; andCommentsClose CommentsPermalink





`(viii) 1 member shall be a representative of a nonprofit environmental organization.CommentsClose CommentsPermalink





`(B) APPOINTMENTS- Not later than 45 days after the date of enactment of this section, the Administrator, in consultation with the appropriate congressional committees, shall appoint the members of the Committee described in clauses (iv) through (viii) of subparagraph (A).CommentsClose CommentsPermalink





`(3) INITIAL MEETING- Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee.CommentsClose CommentsPermalink





`(4) MEETINGS- The Committee shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





`(5) QUORUM- A majority of the members of the Committee shall constitute a quorum.CommentsClose CommentsPermalink





`(6) REPORT- Not later than 1 year after the date of enactment of this section, the Committee shall submit to Congress a report describing the findings and recommendations of the Committee, if any, relating to--CommentsClose CommentsPermalink





`(A) the environmental, health, and safety requirements necessary to prevent--CommentsClose CommentsPermalink





`(i) the release of elemental mercury into the environment; andCommentsClose CommentsPermalink





`(ii) worker exposure from the storage of elemental mercury;CommentsClose CommentsPermalink





`(B) the estimated annual cost of storing elemental mercury on a per-pound or per-ton basis;CommentsClose CommentsPermalink





`(C) for the 40-year period beginning on the date of submission of the report, the optimal size, number, and other characteristics of Federal facilities required to store elemental mercury under current and anticipated jurisdictions of each Federal agency;CommentsClose CommentsPermalink





`(D) the estimated quantity of--CommentsClose CommentsPermalink





`(i) elemental mercury that will result from the discontinuance of mercury cells at chlor-alkali facilities in the United States required under this section; andCommentsClose CommentsPermalink





`(ii) any other supplies that may require storage to carry out this section;CommentsClose CommentsPermalink





`(E) for the 40-year period beginning on the date of submission of the report, the estimated quantity of elemental mercury generated from the recycling of unwanted products and other wastes that will require storage to comply with any export prohibitions of elemental mercury;CommentsClose CommentsPermalink





`(F) any legal, technical, economic, or other barrier that may prevent the private sector from storing elemental mercury produced by the private sector during the 40-year period beginning on the date of submission of the report, including a description of measures to address the barriers;CommentsClose CommentsPermalink





`(G) the advantages and disadvantages of consolidating the storage of mercury produced by public and private sources under the management of the public or private sector;CommentsClose CommentsPermalink





`(H) the optimal plan of the Committee for storing excess mercury produced by public and private sources; andCommentsClose CommentsPermalink





`(I) additional research, if any, required to determine a long-term disposal option for the storage of excess mercury.CommentsClose CommentsPermalink





`(7) COMPENSATION OF MEMBERS-CommentsClose CommentsPermalink





`(A) IN GENERAL-CommentsClose CommentsPermalink





`(i) NON-FEDERAL EMPLOYEES- A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee.CommentsClose CommentsPermalink





`(ii) FEDERAL EMPLOYEES- A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.CommentsClose CommentsPermalink





`(B) TRAVEL EXPENSES- A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee.CommentsClose CommentsPermalink





`(8) STAFF AND FUNDING- The Administrator shall provide to the Committee such funding and additional personnel as are necessary to enable the Committee to perform the duties of the Committee.CommentsClose CommentsPermalink





`(9) TERMINATION- The Committee shall terminate 180 days after the date on which the Committee submits the report of the Committee under paragraph (6).CommentsClose CommentsPermalink





`(f) Transfer to Storage-CommentsClose CommentsPermalink





`(1) REGULATIONS- Not later than July 1, 2008, the Administrator shall promulgate regulations establishing the terms and conditions necessary to facilitate the transfer and storage of mercury located at closed or closing chlor-alkali facilities, including the allocation of costs and potential liabilities of that transfer and storage.CommentsClose CommentsPermalink





`(2) DEADLINE FOR TRANSFER- Beginning on July 1, 2008, elemental mercury located at a closed or closing chlor-alkali facility that has ceased operations shall be transferred to a storage facility established by the Administrator in accordance with the regulations promulgated under paragraph (1).CommentsClose CommentsPermalink





`(g) Health Assessment- Not later than July 1, 2009, for each chlor-alkali facility that continues to operate as of July 1, 2008, the Administrator, in coordination with the Administrator of the Agency for Toxic Substances and Disease Registry, shall conduct a health assessment of employees at the chlor-alkali facility.CommentsClose CommentsPermalink





`(h) Regulations- In addition to regulations described in subsection (f)(1), the Administrator may promulgate such regulations, including the establishment of a reporting form for use in accordance with subsection (c), as are necessary to carry out this section.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Toxic Substances Control Act (15 U.S.C. 2601 note) is amended by inserting after the item relating to section 6 the following:CommentsClose CommentsPermalink





`Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.'.CommentsClose CommentsPermalink