[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1818 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1818

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2007

   Mr. Obama introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Missing Mercury in Manufacturing 
Monitoring and Mitigation Act''.

SEC. 2. FINDINGS.

    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 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;
            (3) the most significant source of mercury exposure to 
        people in the United States is ingestion of mercury-
        contaminated fish;
            (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;
            (5) an estimated additional 24,000 to 30,000 tons of 
        mercury are used at mercury cell chlor-alkali plants worldwide;
            (6) mercury pollution is a transboundary pollutant that--
                    (A) is deposited locally, regionally, and globally; 
                and
                    (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;
            (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;
            (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;
            (B) cost-effective alternatives are available and in use in 
        the remaining 90 percent of chlorine and caustic soda 
        production; and
            (C) other countries, including Japan, have already banned 
        the mercury cell chlor-alkali process;
            (9) the chlor-alkali industry acknowledges that--
                    (A) mercury can contaminate products manufactured 
                at mercury cell facilities; and
                    (B) the use of some of those products results in 
                the direct and indirect release of mercury;
            (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--
                    (A) to adequately account for the disposition of 
                the mercury used at those facilities; or
                    (B) to accurately estimate current mercury 
                emissions; and
            (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.

SEC. 3. STATEMENT OF POLICY.

    Congress declares that the United States should develop policies 
and programs that will--
            (1) reduce mercury use and emissions within the United 
        States;
            (2) reduce mercury releases from the reservoir of mercury 
        currently in use or circulation within the United States; and
            (3) reduce exposures to mercury, particularly exposures of 
        women of childbearing age and young children.

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:

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

    ``(a) Definitions.--In this section:
            ``(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.
            ``(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.--Effective beginning January 1, 2012, the 
manufacture of chlorine or caustic soda using mercury cells is 
prohibited in the United States.
    ``(c) Reporting.--
            ``(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--
                    ``(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 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.).
    ``(d) Inventory.--
            ``(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--
                    ``(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 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.
    ``(e) Mercury Storage Advisory Committee.--
            ``(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').
            ``(2) Membership.--
                    ``(A) In general.--The Committee shall be composed 
                of 9 members, of whom--
                            ``(i) 2 members shall be jointly appointed 
                        by the Speaker of the House of Representatives 
                        and the majority leader of the Senate--
                                    ``(I) 1 of whom shall be designated 
                                to serve as Chairperson of the 
                                Committee; and
                                    ``(II) 1 of whom shall be 
                                designated to serve as Vice-Chairperson 
                                of the Committee;
                            ``(ii) 1 member shall be the Administrator;
                            ``(iii) 1 member shall be the Secretary of 
                        Defense;
                            ``(iv) 1 member shall be a representative 
                        of State environmental agencies;
                            ``(v) 1 member shall be a representative of 
                        State attorneys general;
                            ``(vi) 1 member shall be a representative 
                        of the chlorine industry;
                            ``(vii) 1 member shall be a representative 
                        of the mercury waste treatment industry; and
                            ``(viii) 1 member shall be a representative 
                        of a nonprofit environmental organization.
                    ``(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).
            ``(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.
            ``(4) Meetings.--The Committee shall meet at the call of 
        the Chairperson.
            ``(5) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum.
            ``(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--
                    ``(A) the environmental, health, and safety 
                requirements necessary to prevent--
                            ``(i) the release of elemental mercury into 
                        the environment; and
                            ``(ii) worker exposure from the storage of 
                        elemental mercury;
                    ``(B) the estimated annual cost of storing 
                elemental mercury on a per-pound or per-ton basis;
                    ``(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;
                    ``(D) the estimated quantity of--
                            ``(i) elemental mercury that will result 
                        from the discontinuance of mercury cells at 
                        chlor-alkali facilities in the United States 
                        required under this section; and
                            ``(ii) any other supplies that may require 
                        storage to carry out this section;
                    ``(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;
                    ``(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;
                    ``(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;
                    ``(H) the optimal plan of the Committee for storing 
                excess mercury produced by public and private sources; 
                and
                    ``(I) additional research, if any, required to 
                determine a long-term disposal option for the storage 
                of excess mercury.
            ``(7) Compensation of members.--
                    ``(A) In general.--
                            ``(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.
                            ``(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.
                    ``(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.
            ``(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.
            ``(9) Termination.--The Committee shall terminate 180 days 
        after the date on which the Committee submits the report of the 
        Committee under paragraph (6).
    ``(f) Transfer to Storage.--
            ``(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.
            ``(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).
    ``(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.
    ``(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.''.
    (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:

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