[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1428

   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 9, 2009

   Mr. Whitehouse (for himself, Mr. Cardin, Mrs. Feinstein, and Mr. 
   Feingold) 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 ``Mercury Pollution Reduction Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury and mercury compounds are highly toxic to 
        humans, ecosystems, and wildlife;
            (2)(A) 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
            (B) hundreds of thousands of 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, because 
        uncontaminated fish represent a critical and healthy source of 
        nutrition for people worldwide;
            (5) mercury pollution is a transboundary pollutant that--
                    (A) is deposited locally, regionally, and globally; 
                and
                    (B) affects bodies of water--
                            (i) near industrial areas, such as the 
                        Great Lakes; and
                            (ii) in remote areas, such as the Arctic 
                        Circle;
            (6) of the approximately 30 facilities in the United States 
        that produce chlorine--
                    (A) only 5 use the obsolete ``mercury cell'' chlor-
                alkali process; and
                    (B) 4 have not yet committed to phasing out mercury 
                use;
            (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;
            (B) cost-effective alternatives are available and in use in 
        the remaining 95 percent of chlorine and caustic soda 
        production; and
            (C) other countries, including Japan, have already banned 
        the mercury cell chlor-alkali process;
            (8) 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;
            (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--
                    (A) to adequately account for the disposition of 
                the mercury used at those facilities; or
                    (B) to accurately estimate current mercury 
                emissions; and
            (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.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States 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; Use Prior to Prohibition.--
            ``(1) Prohibition.--Effective on the date that is 2 years 
        after the date of enactment of this section, the manufacture of 
        chlorine or caustic soda using a mercury cell is prohibited in 
        the United States.
            ``(2) Export ban.--Effective on the date of enactment of 
        this section, the export of any mercury, mercury cell, mercury 
        compound, or mixture containing mercury by the owner or 
        operator of a chlor-alkali facility is prohibited.
    ``(c) Reporting.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, 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 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 shall obtain mercury purchase records 
        and such other information from each chlor-alkali facility as 
        the Administrator determines to be 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 subsection.''.
    (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:

``Sec. 6A. Use of mercury in chlorine and caustic soda 
                            manufacturing.''.
            (2) Enforcement.--Section 15 of the Toxic Substances 
        Control Act (15 U.S.C. 2614) is amended by striking ``or 6'' 
        each place it appears and inserting ``, 6, or 6A''.
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