[Congressional Record Volume 147, Number 22 (Thursday, February 15, 2001)]
[Senate]
[Pages S1491-S1493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Kerry):
  S. 351. A bill to amend the Solid Waste Disposal Act to reduce the 
quantity of mercury in the environment by limiting use of mercury fever 
thermometers and improving collection, recycling, and disposal of 
mercury, and for other purposes; to the Committee on Environment and 
Public Works.
  Ms. COLLINS. Mr. President, today, along with Senator Kerry, I am 
introducing the Mercury Reduction and Disposal Act of 2001. This bill 
addresses the very serious problem of mercury in the environment and 
mercury disposal. It takes special aim at one of the most common and 
widely distributed sources of mercury, and that is mercury fever 
thermometers.
  Mercury is a potent neurotoxin that is widespread in the environment 
and particularly harmful to developing children and pregnant women. In 
fact, a National Academy of Sciences report released last year 
attributed mercury exposure to birth defects and brain damage in up to 
60,000 newborn children each year.
  Although mercury can be safe in an elemental form or in amalgamations 
such as dental fillings, mercury takes on a highly toxic organic form 
known as methylmercury when it enters the environment. Methylmercury is 
almost completely absorbed into the blood and distributed to all 
tissues, including the brain. This organic mercury can accumulate in 
the food chain and become concentrated in some species of fish, posing 
a health threat to those who consume them. For this reason, 40 States 
have issued public health warnings advising certain individuals to 
restrict or avoid consuming fish from certain affected bodies of water.
  Mr. President, the largest sources of mercury in the environment 
include incinerated solid waste, powerplant emissions, and emissions 
from chlor-alkali plants, such as the now closed HoltraChem 
Manufacturing Company in Orrington, ME.
  About 50 tons of mercury are estimated to enter the environment from 
medical and solid waste incinerators, about 45 tons from powerplant 
emissions, and a large but uncertain amount derives from chlor-alkali 
plants.
  Of the 50 tons of mercury that enters the environment from medical 
and solid waste incinerators, mercury thermometers are one of the 
largest, if not the largest, source. The EPA has estimated that mercury 
thermometers contributed approximately 17 tons of mercury to solid 
waste per year in the early 1990s. Although this number may well be 
declining due to innovative efforts, such as those in towns like 
Freeport, ME--the first town in Maine to ban the sale of mercury fever 
thermometers--it is still a very large amount.
  Mr. President, I have a mercury thermometer right here. It is very 
familiar to all of us. Many of us know from personal experience how 
easily it can be broken. I have broken a couple myself, and not 
realizing the dangers of mercury back then, I used my hands to gather 
up the various beads of mercury and throw them away, not realizing the 
danger I was creating.
  In fact, in 1998, the American Poison Control Center received 18,000 
phone calls from consumers who had broken mercury thermometers.
  This one mercury thermometer contains about 1 gram of mercury. That 
does not sound like much, but let me tell you, despite its small size, 
just one of these thermometers per year contains enough mercury to 
contaminate all of the fish in a 20-acre lake.
  Let me repeat that. The mercury in one of these thermometers is 
sufficient to pollute a 20-acre lake.
  The bill I am introducing today calls for a nationwide ban on the 
sale of mercury fever thermometers such as the one I just showed. It 
will also provide grants for swap programs to help consumers exchange 
mercury thermometers for digital or other alternatives.
  I have an example of an alternative right here. This is a digital 
thermometer. Digital thermometers like this one are easier to read, 
much quicker to use, they do not break easily, and, most important of 
all, they do not contain a toxic element such as mercury.
  My bill will allow millions of consumers across the Nation to receive 
free digital thermometers in exchange for their mercury thermometers. 
By bringing mercury thermometers in for proper disposal, consumers will 
ensure the mercury from their thermometers does not end up polluting 
our lakes and threatening our health. It will also reduce the risk of 
breakage and contamination inside the home.
  Another important component of my bill is the safe disposal of the 
mercury

[[Page S1492]]

collected from thermometer exchange programs. My legislation directs 
the EPA to ensure that the mercury is properly collected and stored to 
make sure it is kept out of the environment and out of commerce. This 
mercury will not reenter the environment, and it will not be sent, for 
example, to India, one of the largest manufacturers of mercury 
thermometers.
  The mercury collected from thermometer exchange programs addresses 
only one part of the problem. The other aspect is the global 
circulation of mercury. When the HoltraChem chlor-alkali manufacturing 
plant in Orrington, ME, shut down last year, the plant was left with 
over 100 tons of unwanted mercury and no way to permanently dispose of 
it. In total, about 3,000 tons of mercury are held at similar plants 
across the United States.
  In addition, large amounts of mercury are still being mined around 
the world. In 1999, Algeria mined 400 tons of virgin mercury and 
Kyrgyzstan mined 600 tons. In total, approximately 2,000 tons of new 
mercury are mined every year. Moreover, the Department of Defense 
currently has a stockpile of over 4,000 tons of mercury it does not 
want and does not know what to do with.
  What can we do about these problems? What can we do about the 
situation where some countries are still mining large amounts of an 
element that is a known neurotoxin, while the United States and other 
countries are doing their best to remove this extremely toxic element 
from the environment? How will the United States dispose of the huge 
amounts of mercury at chlor-alkali plants and other no longer needed 
sources?
  My legislation creates an interagency task force to address these 
very issues. This task force will be chaired by the Administrator of 
the Environmental Protection Agency and comprised of representatives 
from the States, other Federal agencies involved with mercury, and 
public health officials.
  Specifically, my bill directs this task force to find ways to reduce 
the mercury threat to humans and the environment, to identify a long-
term means of disposing of mercury, and to address the excess mercury 
problems from mines as well as from industrial sources.
  In sum, this task force is directed to identify comprehensive 
solutions to the global mercury problem. In one year, the mercury task 
force will make recommendations to Congress for permanently disposing 
of mercury, for retiring mercury from chlor-alkali plants and other 
sources, and for reducing the amount of new mercury mined every year. 
At that time, it will be up to Congress to act on their 
recommendations.
  In the meantime, this bill will make significant progress toward 
reducing one of the most widespread sources of mercury contamination in 
the environment, something that many of us still have in our medicine 
chests at home, and that is the mercury fever thermometer.
  I thank the Presiding Officer for his attention. I urge support and 
cosponsorship of my colleagues for this initiative.
  Mr. President, I ask unanimous consent the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 351

       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 Reduction and 
     Disposal Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) mercury is a persistent and toxic pollutant that 
     bioaccumulates in the environment;
       (2) according to recent studies, mercury deposition is a 
     significant public health threat in many States throughout 
     the United States;
       (3) 40 States have issued fish advisories that warn certain 
     individuals to restrict or avoid consuming mercury-
     contaminated fish from affected bodies of water;
       (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) studies have documented that exposure to elevated 
     levels of mercury in the environment results in serious harm 
     to species of wildlife that consume fish;
       (6) combustion of municipal and other solid waste is a 
     major source of mercury emissions in the United States;
       (7) according to the Mercury Study Report, prepared by the 
     Environmental Protection Agency and submitted to Congress in 
     1997, mercury fever thermometers contribute approximately 17 
     tons of mercury to solid waste each year;
       (8) the Governors of the New England States have endorsed a 
     regional goal of ``the virtual elimination of the discharge 
     of anthropogenic mercury into the environment'';
       (9) mercury fever thermometers are easily broken, creating 
     a potential risk of dangerous exposure to mercury vapor in 
     indoor air and risking mercury contamination of the 
     environment; and
       (10) according to the Environmental Protection Agency, the 
     quantity of mercury in 1 mercury fever thermometer, 
     approximately 1 gram, is enough to contaminate all fish in a 
     lake with a surface area of 20 acres.

     SEC. 3. MERCURY.

       (a) In General.--Subtitle C of the Solid Waste Disposal Act 
     (42 U.S.C. 6921 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3024. MERCURY.

       ``(a) Prohibition on Sale of Mercury Fever Thermometers 
     Except by Prescription.--Effective beginning 180 days after 
     the date of enactment of this section--
       ``(1) a person shall not sell or supply mercury fever 
     thermometers to consumers, except by prescription; and
       ``(2) with each mercury fever thermometer sold or supplied 
     by prescription, the manufacturer of the thermometer shall 
     provide clear instructions on--
       ``(A) careful handling of the thermometer to avoid 
     breakage; and
       ``(B) proper cleanup of the thermometer and its contents in 
     the event of breakage.
       ``(b) Thermometer Exchange Program.--The Administrator 
     shall make grants to States, municipalities, nonprofit 
     organizations, or other suitable entities for implementation 
     of a national program for the collection of mercury fever 
     thermometers from households and their exchange for 
     thermometers that do not contain mercury.
       ``(c) Disposal of Collected Mercury Waste.--
       ``(1) Interagency task force.--
       ``(A) Establishment.--There is established an advisory 
     committee to be known as the `Interagency Task Force on 
     Mercury' (referred to in this section as the `Task Force').
       ``(B) Membership.--The Task Force shall be composed of 7 
     members, of whom--
       ``(i) 1 member shall be the Administrator, who shall serve 
     as Chairperson of the Task Force;
       ``(ii) 1 member shall be appointed by each of--

       ``(I) the Secretary of State;
       ``(II) the Secretary of Defense;
       ``(III) the Secretary of Energy; and
       ``(IV) the Director of the National Institute of 
     Environmental Health Sciences of the Department of Health and 
     Human Services;

       ``(iii) 1 member shall be appointed by the President to 
     represent the American Public Health Association; and
       ``(iv) 1 member shall be appointed by the President from 
     the Environmental Council of the States.
       ``(C) Date of appointments.--The appointment of a member of 
     the Task Force shall be made not later than 30 days after the 
     date of enactment of this section.
       ``(D) Term; vacancies.--
       ``(i) Term.--A member shall be appointed for the life of 
     the Task Force.
       ``(ii) Vacancies.--A vacancy on the Task Force--

       ``(I) shall not affect the powers of the Task Force; and
       ``(II) shall be filled in the same manner as the original 
     appointment was made.

       ``(E) Meetings.--
       ``(i) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Task Force have been 
     appointed, the Task Force shall hold the initial meeting of 
     the Task Force.
       ``(ii) Calling of meetings.--The Task Force shall meet at 
     the call of the Chairperson.
       ``(iii) Quorum.--A majority of the members of the Task 
     Force shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       ``(F) Duties.--Not later than 1 year after the date of the 
     initial meeting of the Task Force, the Task Force shall 
     submit to Congress a report containing recommendations 
     concerning--
       ``(i) the long-term management and retirement of mercury 
     collected from--

       ``(I) mercury fever thermometers;
       ``(II) other medical and commercial sources; and
       ``(III) government sources, including mercury stored by the 
     Department of Defense and the Department of Energy;

       ``(ii) collection of mercury from industrial or other 
     sources in the United States in cases in which the mercury is 
     no longer needed, such as from retired chlor-alkali plants;
       ``(iii) programs to test the long-term durability of 
     promising technologies for sequestration of mercury that has 
     been retired from use;
       ``(iv) storage of mercury collected or sequestered under 
     clause (i), (ii), or (iii) in a manner that ensures that 
     there is no release of the mercury into the environment;
       ``(v) reduction of the total threat posed by mercury to 
     humans and the environment; and

[[Page S1493]]

       ``(vi) reduction of the total quantity of mercury produced, 
     used, and released on a global basis, including whether and 
     how--

       ``(I) the quantity of virgin mercury mined from the ground 
     and placed in circulation each year can be reduced through 
     bilateral or international agreements or other means;
       ``(II) the quantity of mercury used in products and 
     manufacturing can be reduced through substitution of mercury-
     free alternatives that are safer, available, and affordable; 
     and
       ``(III) essential mercury needs can be met through use of 
     stockpiles in existence on the date of enactment of this 
     section and increased recycling rather than through use of 
     virgin mercury.

       ``(G) Hearings.--The Task Force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Task Force considers advisable 
     to carry out this section.
       ``(H) Information from federal agencies.--
       ``(i) In general.--The Task Force may secure directly from 
     a Federal agency such information as the Task Force considers 
     necessary to carry out this section.
       ``(ii) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       ``(I) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       ``(J) Gifts.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property.
       ``(K) Compensation of members; travel expenses.--
       ``(i) Non-federal employees.--A member of the Task Force 
     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 IV of 
     the Executive Schedule under section 5315 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 Task Force.
       ``(ii) Federal employees.--A member of the Task Force 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.
       ``(iii) Travel expenses.--A member of the Task Force 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 Task 
     Force.
       ``(L) Staff and funding.--
       ``(i) Determination.--The Chairperson of the Task Force 
     shall determine the level of staff and funding that are 
     adequate to carry out the activities of the Task Force.
       ``(ii) Source.--The staff and funding shall be provided by 
     and drawn equally from the resources of--

       ``(I) the Department of Energy;
       ``(II) the Department of Defense; and
       ``(III) the Environmental Protection Agency.

       ``(iii) Appointment of staff.--The Chairperson may, without 
     regard to the civil service laws (including regulations), 
     appoint and terminate such staff as are necessary to enable 
     the Task Force to perform the duties of the Task Force.
       ``(iv) Compensation.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Chairperson may fix the compensation of the staff of the 
     Task Force that are not officers or employees of the Federal 
     Government without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates.
       ``(II) Maximum rate of pay.--The rate of pay for the staff 
     shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

       ``(v) Detail of federal government employees.--

       ``(I) In general.--An employee of the Federal Government 
     may be detailed to the Task Force without reimbursement.
       ``(II) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.

       ``(vi) Procurement of temporary and intermittent 
     services.--The Chairperson of the Task Force may procure for 
     the purposes of the Task Force temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       ``(M) Termination of task force.--The Task Force shall 
     terminate on the date that is 90 days after the date on which 
     the Task Force submits the report required under subparagraph 
     (F).
       ``(2) Responsibility of the administrator for safe disposal 
     and storage of mercury.--In consultation with the Task Force, 
     the Administrator shall--
       ``(A)(i) take title to the mercury collected under the 
     thermometer exchange program established under subsection 
     (b), or an equivalent quantity of mercury; and
       ``(ii) manage (or designate a contractor to manage) the 
     mercury collected in a manner that ensures that the mercury 
     collected is not released into the environment or 
     reintroduced into commerce; and
       ``(B)(i) identify potential mercury stabilization 
     technologies and measures that ensure minimal release of 
     mercury into the environment; and
       ``(ii) conduct such research, development, and 
     demonstration of the technologies and measures as the 
     Administrator determines to be appropriate.
       ``(d) Relation to Other Law.--Nothing in this section--
       ``(1) precludes any State from imposing any additional 
     requirement; or
       ``(2) diminishes any obligation, liability, or other 
     responsibility under other Federal law.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, of 
     which--
       ``(1) not more than 2.5 percent shall be used to carry out 
     the activities of the Task Force; and
       ``(2) not more than 2.5 percent shall be used to carry out 
     subsection (c)(2)(B).''.
       (b) Conforming Amendment.--Section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle C the following:

``Sec. 3024. Mercury.''.
                                 ______