1.This Act may be cited as the
Mercury Market Minimization Act of
2006
.
2.Congress finds that—
(1)mercury and
mercury compounds are highly toxic to humans, ecosystems, and wildlife;
(2)as many as 10
percent of women in the United States of childbearing age have mercury in the
blood at a level that could put a baby at risk;
(3)as many as
630,000 children born annually in the United States are at risk of neurological
problems related to mercury;
(4)the most
significant source of mercury exposure to people in the United States is
ingestion of mercury-contaminated fish;
(5)the Environmental
Protection Agency reports that, as of 2004—
(A)44 States have
fish advisories covering over 13,000,000 lake acres and over 750,000 river
miles;
(B)in 21 States the
freshwater advisories are statewide; and
(C)in 12 States the
coastal advisories are statewide;
(6)the long-term
solution to mercury pollution is to minimize global mercury use and releases 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 worldwide;
(7)mercury pollution
is a transboundary pollutant, depositing locally, regionally, and globally, and
affecting water bodies near industrial sources (including the Great Lakes) and
remote areas (including the Arctic Circle);
(8)the free trade of
mercury and mercury compounds on the world market, at relatively low prices and
in ready supply, encourages the continued use of mercury outside of the United
States, often involving highly dispersive activities such as artisinal gold
mining;
(9)the intentional
use of mercury is declining in the United States as a consequence of process
changes to manufactured products (including batteries, paints, switches, and
measuring devices), but those uses remain substantial in the developing world
where releases from the products are extremely likely due to the limited
pollution control and waste management infrastructures in those
countries;
(10)the member
countries of the European Union collectively are the largest source of mercury
exports globally;
(11)the European
Union is in the process of enacting legislation that will prohibit mercury
exports by not later than 2011;
(12)the United
States is a net exporter of mercury and, according to the United States
Geologic Survey, exported 506 metric tons of mercury more than the United
States imported during the period of 2000 through 2004; and
(13)banning exports
of mercury from the United States will have a notable affect on the market
availability of mercury and switching to affordable mercury alternatives in the
developing world.
3.Prohibition on
sale, distribution, or transfer of mercury by Department of Defense or
Department of EnergySection 6
of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at
the end the following:
(f)
(1)Prohibition on
sale, distribution, and transfer by Department of
DefenseEffective as of the date of enactment of this subsection,
the Secretary of Defense may not convey, sell, distribute, or otherwise
transfer to any other department or agency of the Federal Government, any State
or local government, or any private person or entity any elemental mercury
under the control or jurisdiction of the Department of Defense.
(2)Prohibition on
sale, distribution, and transfer by Department of
EnergyEffective as of the date of enactment of this subsection,
the Secretary of Energy may not convey, sell, distribute, or otherwise transfer
to any other department or agency of the Federal Government, any State or local
government, or any private person or entity any elemental mercury under the
control or jurisdiction of the Department of Energy.
(3)The
prohibitions in paragraphs (1) and (2) shall not apply to the transfer of
elemental mercury to any storage or other facility established under section
12(c)(3).
.
4.Prohibition on
export of mercurySection 12
of the Toxic Substances Control Act (15 U.S.C. 2611) is amended—
(1)in subsection (a)
by striking subsection (b)
and inserting subsections (b)
and (c)
; and
(2)by adding at the
end the following:
(c)Prohibition on
export of mercury
(1)Effective January 1, 2010, the export of elemental
mercury from the United States is prohibited.
(2)Extension of
prohibition to mercury compounds
(A)Beginning on January 1, 2010, the President may prohibit
the export of any mercury compound from the United States as necessary—
(i)to avoid
subversion of the mercury ban; and
(ii)to achieve the
full force and effect of the prohibition under paragraph (1).
(B)
(i)If the President exercises the authority in subparagraph
(A), the President shall notify Congress.
(ii)A
notification under clause (i) shall describe—
(I)each mercury
compound the export of which from the United States will be prohibited;
and
(II)a justification
of the prohibition of export of each compound.
(3)Storage of
excess mercury
(A)Establishment
of storage capacityIn order to implement the prohibition on the
export of elemental mercury under paragraph (1) and the prohibition, if any, on
the export of mercury compounds under paragraph (2), the President shall
establish the capacity (including 1 or more storage facilities) to store safely
such elemental mercury and mercury compounds covered by the prohibitions as are
in excess of quantities necessary for domestic consumption.
(B)The
establishment and operation of facilities to provide the capacity required by
subparagraph (A) shall be governed by such regulations as the President may
prescribe for purposes of this paragraph.
(4)Inapplicability
of unreasonable risk requirementSubsection (a) shall not apply
to this
subsection.
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