II 110th CONGRESS 1st Session S. 1818 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.

1.

Short title

This Act may be cited as the Missing Mercury in Manufacturing Monitoring and Mitigation Act.

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.

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.

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:

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. .