HR 2190 IHRHCommentsClose 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

April 30, 2009CommentsClose CommentsPermalink

Ms. SCHAKOWSKY (for herself, Mr. BERMAN, Mr. CARNAHAN, Mr. ELLISON, Ms. DELAURO, Mr. GRIJALVA, Mr. FARR, Mr. HARE, Ms. HIRONO, Ms. LEE of California, Mr. MORAN of Virginia, Mrs. NAPOLITANO, Mr. PALLONE, Mr. SESTAK, Ms. WOOLSEY, Ms. WATSON, Ms. NORTON, Mr. BLUMENAUER, and Mr. PRICE of North Carolina) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose 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 ‘Mercury Pollution Reduction 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 hundreds of thousands of 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) mercury pollution is a transboundary pollutant that-- CommentsClose CommentsPermalink





(A) is deposited locally, regionally, and globally; and CommentsClose 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





(6) of the approximately 30 plants in the United States that produce chlorine, only 57 use the obsolete ‘mercury cell’ chlor-alkali process, and 4 have not yet committed to phasing out mercury use; CommentsClose CommentsPermalink





(7)(A) less than 5 percent of the total quantity of chlorine and caustic soda produced in the United States comes from the chlor-alkali plants described in paragraph (6) that use the mercury cell chlor-alkali process; CommentsClose CommentsPermalink





(B) cost-effective alternatives are available and in use in the remaining 95 percent of chlorine and caustic soda production; and CommentsClose CommentsPermalink





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





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





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





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





(9) 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; or CommentsClose CommentsPermalink





(B) to accurately estimate current mercury emissions; and CommentsClose CommentsPermalink





(10) 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; and CommentsClose 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 of Chlor-alkali Facility- In this section:‘(1) CHLOR-ALKALI FACILITY- T, 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).

‘(b) Prohibition; Use Prior to Prohibition- CommentsClose CommentsPermalink




‘(1) PROHIBITION- Effective on the date 24 months after the enactment ofIN GENERAL- Except as otherwise provided in this section, the manufacture of chlorine or caustic ubsection, it shall be unlawful to manufacture chlorine or caustic soda using mercury cells is prohibited in the United at any facility in the United States. CommentsClose CommentsPermalink





‘(2) EXPORT BANNOTICE- The owner or operator of any existing chlor-alkali facility shall notify the Administrator no later than June 30, 2012, whether it will-- CommentsClose CommentsPermalink





‘(A) replace its chlor-alkali facility with a new manufacturing facility that does not use mercury; or CommentsClose CommentsPermalink





‘(B) cease operations. CommentsClose CommentsPermalink





‘(3) CLOSURE- A chlor-alkali facility for which a closure notice is filed under paragraph (2)(B) shall cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. CommentsClose CommentsPermalink





‘(4) REPLACEMENT- A chlor-alkali facility for which a replacement notice is filed under paragraph (2)(A) may continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete, or June 30, 2015, whichever is earlier. CommentsClose CommentsPermalink





‘(c) Export Ban- Effective on the date of the enactment of this section, the export of any mercury, mercury cells, mercury compounds,elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing mercury by theelemental mercury, by the owner or operator of a chlor-alkali facility is prohibited. CommentsClose CommentsPermalink





‘(c) Reporting-‘(1) IN GENERAL- Not later than 24 months after the enactment ofd) Savings Provision- Nothing in this section, affects the ability of 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--

‘(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;

‘(B) the mercury content of the wastes;

‘(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;

‘(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;

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

‘(i) the applicable volume for each type of equipment; and

‘(ii) methods of accumulation; and

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

‘(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 subsectionany chlor-alkali facility to store elemental mercury in accordance with any report required to be submitted by the owner or operator under subtitle C of the Solid Waste Disposal Actsection 5(g)(2) of the Mercury Export Ban Act of 2008 (42 U.S.C. 6921 et seq.).

‘(d) Inventory-

‘(1) IN GENERAL- For each chlor-alkali facility that ceases operations on or after January 1, 2009, 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--

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

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

‘(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; and

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

‘(2) RECORDS AND INFORMATION- In carrying out paragraph (1), the Administrator is authorized and directed to 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.

‘(3) AUTHORITIES- This Administrator shall use the authorities of section 11 and any other appropriate authorities of this Act to carry out this subsection39f).’. CommentsClose CommentsPermalink




(b) Conforming Amendments- (1) TABLE OF CONTENTS- 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





(2) ENFORCEMENT- SParagraphs (1) and (2) of section 15 of such Act isare each amended by striking out ‘or 6’ and inserting ‘, 6, or 6A’ in each place it appears. or 6A’. CommentsClose CommentsPermalink