[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6261 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6261

To provide for the protection of public health and the environment from 
mercury contamination associated with the shipment of elemental mercury 
      or with mercury-bearing solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2006

Mr. Gutknecht (for himself, Ms. Baldwin, Mr. Burton of Indiana, and Ms. 
   Watson) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide for the protection of public health and the environment from 
mercury contamination associated with the shipment of elemental mercury 
      or with mercury-bearing solid waste, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Reclamation Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Mercury is a naturally occurring element that is found 
        in air, water and soil. It is a bioaccumulative toxin that is 
        easily absorbed through skin and respiratory and 
        gastrointestinal tissues.
            (2) Communities across the country have been victims of 
        accidental and intentional releases of elemental mercury in 
        schools and other public and private buildings, exposing 
        citizens to harmful mercury vapors and costing millions of 
        dollars in property damage and remediation costs.
            (3) Mercury deposition is a significant public health 
        threat in many States throughout the United States.
            (4) According to a report by the National Academy of 
        Sciences, over 60,000 children are born each year in the United 
        States at risk for adverse neurodevelopmental effects due to 
        exposure to methyl mercury in utero.
            (5) Current Federal hazardous waste regulations allow land 
        disposal of certain highly contaminated mercury wastes without 
        treatment to remove the mercury, despite Environmental 
        Protection Agency-sponsored studies concluding that such 
        disposal practices are not sufficiently protective of human 
        health and the environment.
            (6) According to the Government Accountability Office, in 
        2003 over 26,000,000 pounds of mercury wastes disposed of in 
        landfills were not required to meet treatment standards 
        promulgated by the Environmental Protection Agency for the safe 
        mercury disposal.
            (7) According to the Government Accountability Office, the 
        Environmental Protection Agency does not know how millions of 
        pounds of mercury wastes are treated prior to land disposal and 
        cannot be certain that businesses are properly managing their 
        mercury contaminated wastes.
            (8) The Government Accountability Office determined that 
        many states and landfill operators are misidentifying highly 
        contaminated mercury wastes as ``debris'', which allows these 
        wastes to be landfilled without testing or mercury reclamation 
        as the law envisioned.
            (9) Current Federal laws and regulations do not provide the 
        information necessary for regulators or the public to 
        accurately track mercury-containing items from generation to 
        disposal.
            (10) Mercury is released to the environment when mercury-
        containing products are discarded in landfills and broken in 
        the waste stream, polluting our water and threatening the 
        health of workers and others exposed to mercury vapors from 
        these releases.
            (11) While mercury-containing wastes must be properly 
        managed and recycled whenever possible, the energy conservation 
        benefits of using mercury-based compact fluorescent lighting 
        are highly significant.
            (12) Use of fluorescent lamps creates a net environmental 
        benefit, reducing mercury emissions by lowering energy demands 
        on power plants burning fossil fuels to generate electricity.
            (13) Less than twenty-five percent of mercury-containing 
        lamps disposed of each year are recycled, leading to the 
        release of mercury from over one-half billion lamps broken in 
        solid waste without any mercury recovery.
            (14) A study by a major retailer finds that changing 100 
        million light bulbs to compact fluorescent lights would: save 
        $3 billion in energy costs, keep 45 billion pounds of 
        greenhouse gases from reaching the atmosphere, and would 
        eliminate the need for 1.3 coal-fired power plants.
            (15) The Federal government should develop specific 
        programs to increase the collection and recycling of mercury-
        containing lighting devices, particularly from consumers and 
        small businesses. By stimulating the nation's ability to 
        collect and recycle mercury-containing lighting devices, the 
        Federal government will achieve the dual goals of energy 
        conservation and environmental protection.
            (16) Current Federal laws and regulations allow many 
        discarded mercury items to escape regulation due to inadequate 
        mercury testing methods and loopholes allowing significant 
        amounts of waste to be improperly disposed of as solid waste 
        without mercury recovery and other environmental protections.
            (17) Improved tracking of mercury-containing wastes is 
        critical to ensure that mercury is reclaimed from mercury 
        wastes whenever feasible.

SEC. 3. MERCURY WASTE PACKAGING, TRACKING AND STORAGE.

    (a) Amendment of Solid Waste Disposal Act.--Subtitle D of the Solid 
Waste Disposal Act is amended by adding the following new section at 
the end thereof:

``SEC. 4011. MERCURY WASTE PACKAGING, TRACKING AND STORAGE.

    ``(a) Regulations.--The Administrator, in cooperation with the 
Secretary of Transportation, shall review the storage, transportation, 
tracking and packaging requirements of their respective departments and 
agencies as they pertain to mercury-bearing solid waste, as defined in 
section 1004(27) of this Act, including those wastes which qualify as 
hazardous wastes under this Act, and shall promulgate, within 18-month 
of enactment of the Mercury Reclamation Act of 2006, regulations to 
protect public health and the environment governing the tracking, 
storage, packaging, record keeping, and reporting on the shipments of 
mercury-bearing waste. Such regulations shall address any deficiencies 
in the current regulations of the Administrator and of the Secretary of 
Transportation governing the transportation, storage, and packaging of 
mercury-bearing wastes and intact, defective or broken mercury-
containing products.
    ``(b) Tracking.--The regulations under this section shall ensure 
the ability of regulators and the public to track the generation, 
treatment, and disposal of mercury wastes and require accountability 
for both waste generators and treatment, storage, and disposal 
facilities to properly identify and document mercury wastes and comply 
with the proper treatment and disposal requirements for such wastes.
            ``(1) The regulations promulgated under this paragraph 
        shall include, but not be limited to, promulgation of 
        regulations necessary to ensure the ability of regulators and 
        the public to track the generation, treatment and disposal of 
        devices which contain mercury integral to their function and 
        ensure that such devices are properly treated prior to 
        disposal.
            ``(2) In the case of mercury-bearing waste subject to 
        section 3004(m), tracking requirements shall include a 
        statement of whether the shipment is intended to be treated to 
        reclaim the mercury, and a statement of justification in the 
        event the mercury contained in the waste is not being 
        reclaimed.
            ``(3) Tracking standards established pursuant to this 
        section for widely generated wastes, as determined by the 
        Administrator, shall be implemented in a manner that improves 
        the ability of regulators and the public to track the 
        generation, treatment and disposal of such wastes while 
        avoiding placing undue burdens on the collection and 
        transportation of such wastes that would discourage the proper 
        collection and treatment of such wastes.
    ``(c) Packaging Standards.--Based upon the review of the current 
packaging standards for mercury-bearing waste shipments of the 
Department of Transportation and the Environmental Protection Agency, 
the Administrator shall promulgate such additional standards as may be 
necessary to protect public health and the environment. Such 
regulations shall be structured so as to prevent the release of mercury 
and mercury vapor during the transportation and storage of mercury 
bearing wastes
    ``(d) Households.--The tracking and packaging standards under this 
section shall not apply to wastes generated by households, as defined 
by the Administrator under this Act, until such wastes are received by 
a treatment, storage or disposal facility.
    ``(e) Enforcement.--The provisions of subsections (a), (b), and (c) 
of section 3008 shall apply to violations of subsection (a) of this 
section in the same manner and to the same extent as such provisions 
apply to violations of subtitle C.''.
    (b) Table of Contents.--The table of contents for such subtitle D 
is amended by adding the following new item at the end thereof:

``Sec. 4012. Mercury waste packaging, tracking and storage.''.

SEC. 4. DEVICES CONTAINING MERCURY.

    (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6941 and 
following) is amended by adding the following new section at the end of 
subtitle D:

``SEC. 4012. MERCURY DEVICE RECYCLING.

    ``(a) In General.--Effective 60 days following enactment of this 
section, each person who generates any solid waste which consists of a 
device that contains mercury integral to its function, including but 
not limited to mercury added lighting, shall
            ``(1) take such steps as may be necessary to insure that 
        such solid waste is treated as necessary to reclaim the 
        mercury, or
            ``(2) transfer such solid waste to another person who has 
        accepted responsibility for such reclamation.
The Administrator shall promulgate such regulations as may be necessary 
to carry out this subsection.
    ``(b) Household and Small Generator Exemption.--
            ``(1) The requirements of subsection (a) shall not apply to 
        any of the following categories of solid waste:
                    ``(A) Solid waste from households, as defined by 
                the Administrator under this Act.
                    ``(B) Solid waste generated by a person who 
                generates during a calendar month not more than 15 
                items to which subsection (a) would otherwise apply so 
                long as the mercury contained in the items generated in 
                a calendar month does not exceed one half ounce of 
                mercury.
            ``(2) The Administrator shall develop a voluntary 
        compliance program to maximize the collection of mercury 
        containing items that qualify for the exemption under paragraph 
        (1) of this subsection, particularly those programs involving 
        the take back of spent mercury lamps at the point-of-sale.
            ``(3) Nothing in this subsection shall affect the authority 
        of any State or local government to provide for the reclamation 
        of solid waste containing mercury.
    ``(c) State Programs.--Any State may notify the Administrator that 
the State has adopted a program providing for the reclamation of 
mercury from solid waste referred to in subsection (a). Upon receipt 
and acceptance of such notification, compliance with the requirements 
of the State program, as long as it remains in full force and effect, 
shall constitute compliance with the requirement of subsection (a).
    ``(d) Enforcement.--The provisions of subsections (a), (b), and (c) 
of section 3008 shall apply to violations of subsection (a) of this 
section in the same manner and to the same extent as such provisions 
apply to violations of subtitle C.''.
    (b) Clerical Amendment.--The table of contents for such subtitle D 
is amended by adding the following new item at the end thereof:

``Sec. 4012. Mercury device recycling.''.
    (c) Reevaluation of Small Generator Exemption.--Consistent with 
section 3001(d)(4) of the Solid Waste Disposal Act regarding small 
quantity generators, the Administrator of the Environmental Protection 
Agency shall assess and re-evaluate whether the current 100 kg/month 
exemption for small quantity generators generally, is protective of 
public health and the environment as it pertains to generators of 
mercury-containing wastes.

SEC. 5. REQUIRING MERCURY RECLAMATION FROM HAZARDOUS MERCURY WASTES.

    Section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) 
is amended by adding at the end the following new paragraph:
            ``(3) Effective 30 days after the date of enactment of this 
        paragraph, the treatment standards applicable to all hazardous 
        waste containing mercury in concentrations equal to or 
        exceeding 260 mg/kg shall require the recovery of mercury from 
        such waste prior to land disposal using a technology approved 
        by the Administrator for such wastes under regulations issued 
        pursuant to this subtitle. The Administrator may, consistent 
        with the protection of human health and the environment--
                    ``(A) limit the organic content of such waste that 
                may be subjected to mercury recovery technologies;
                    ``(B) limit the use of mercury recovery 
                technologies for radioactive wastes;
                    ``(C) issue, by regulation, variances and 
                exceptions to the required use of mercury recovery 
                technologies, based on feasibility of mercury recovery; 
                and
                    ``(D) revise such treatment standards to 
                incorporate the capabilities of the most advanced 
                available mercury recovery technologies.''.

SEC. 6. FUNDING FOR MERCURY PROGRAMS.

    Section 2007 of the Solid Waste Disposal Act (42 U.S.C. 6941 and 
following) is amended by adding the following new subsection at the end 
thereof:
    ``(g) Funding for Mercury Programs.--There is authorized to be 
appropriated to the Administrator to award contracts, grants and other 
funding assistance needed to perform the following tasks (including 
coordination with the mercury product manufacturing industry, the 
mercury recycling industry, non-profit organizations, and the States) 
not more than $50,000,000 for each fiscal year after the enactment of 
the Mercury Reclamation Act of 2006:
            ``(1) Preparing an inventory of the legitimate uses of 
        mercury in commercial, industrial, consumer, and medical 
        applications, and the uses of mercury exported from the United 
        States.
            ``(2) Promoting the recovery of mercury from waste 
        materials.
            ``(3) Enforcement of Federal regulations for the management 
        of mercury wastes under section 4012 and making grants to 
        States for carrying out State regulatory programs under section 
        4012.
            ``(4) Promoting the establishment of mercury lamp take back 
        programs at the point-of-sale to assist consumers and small 
        businesses in the reclamation of spent mercury lamps and 
        devices.''.

SEC. 7. ANNUAL REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Administrator shall transmit to the Congress a 
report on the progress made under this Act. Such report shall include 
at minimum each of the following:
            (1) A progress summary of any regulatory actions taken in 
        response to the review under section 4011(a) of the Solid Waste 
        Disposal Act.
            (2) A progress summary of mercury device recycling efforts 
        relating to this Act, including a quantitative analysis of the 
        amount of mercury recycled.
            (3) A description of grants and amounts awarded under 
        section 2007(g) of the Solid Waste Disposal Act and of the 
        criteria used for awarding those grants.
            (4) A detailed financial reporting of total administration 
        costs of carrying out this Act.
            (5) A joint summary, by the Administrator and appropriate 
        State officials, that describes the coordination and 
        communication progress and problems between the Federal and 
        State Governments in carrying out this Act.
            (6) Recommendations for greater efficiency or improvement 
        of administration of this Act.
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