[Congressional Record Volume 152, Number 87 (Thursday, June 29, 2006)]
[Senate]
[Pages S6807-S6809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU:

[[Page S6807]]

  S. 3626. A bill to amend the Internal Revenue Code of 1986 to provide 
estate tax relief and reform, and for other purposes; to the Committee 
on Finance.
  Ms. LANDRIEU. Mr. President, this is a bill that will reduce the 
estate tax and reform a system that needs to be reformed. It is an 
issue that many of us have been working on for several--not only 
several months but for several years. Leaders on both sides of the 
aisle and Members on both sides of the aisle have been trying to come 
up with a compromise position that would be respectful of the fiscal 
situation of our country and also mindful that this tax in its current 
form, at least the rates and the way it is applied in its current form, 
can simply not be sustained. It makes no sense for this tax to be in 
place 1 year and go completely away the next year and then come back in 
the next year at a completely different rate.
  We have been trying to make this much more simple for taxpayers who 
have to comply with it and much more fair so that it is not a 
discouragement for people who want to start businesses at later years. 
We want to try to be fair to the Federal Treasury and to the many 
demands.
  At one point, I supported the total repeal of this tax. That one time 
was when we were running a surplus and before we were engaged in the 
wars in Afghanistan and Iraq. The war in Iraq is costing this country 
approximately $4 billion to $6 billion a month. It has been going on 
for 3 years. Unfortunately, there does not seem to be an end in sight 
because things are not going as well as many of us had hoped. We must 
continue to make a priority of this Nation supporting our men and women 
in uniform--whether they are here at home or in Iraq in the frontline 
or in Afghanistan in the frontline or other frontlines around the 
world. So we simply cannot afford to repeal this tax. It takes too much 
money out of the Treasury at a time when we need it to support our 
troops. Most Americans, regardless of how they feel about the war, 
realize we need the money to support our troops and keep them safe and 
help bring them home as soon as possible.
  I offer this bill in the spirit of compromise. Hopefully, it will 
give some guidance to those who may be looking for something they can 
support, that costs significantly less than what Chairman Thomas has 
proposed, what Senator Kyl has proposed, and what others have proposed, 
yet gives that assurance to businesses that they will not have to pay a 
fluctuating rate.
  The most important thing I think my bill does is it completely 
eliminates the estate tax for 99.9 percent of the people in Louisiana 
and a great percentage of people throughout the country. If you are an 
estate of less than $10 million, you will pay no tax. If you are a 
single person with $5 million or an estate worth $10 million, you have 
to pay income tax, you will pay capital gains tax, you will pay payroll 
tax, you will pay a lot of other taxes that come with the rights and 
privileges of being an American citizen, but you will not pay an estate 
tax. Only those estates over $10 million will pay the tax. And those 
over $100 million--which I would call superstates--would pay a little 
more than those that are in the middle.
  As a Democrat and as a Senator, I believe in a free enterprise system 
where people can make money and benefit from their hard work. We need 
to balance between the individual's right to keep as much money as they 
can make and the Nation's needs to conduct wars, to protect our 
borders, to protect our coasts, to build our highway system--which is 
50 years old today and certainly did not get built on a wish and a 
prayer. It got built with good design, good political will, and a lot 
of money that went into building that highway system that we can be 
proud of. It needs to be improved.
  So for those who say every American should be able to keep all the 
money they make, I don't know who would keep the public sector that 
does so much good--from the men and women in uniform, to building the 
highways, to keeping our air clean and water clean, and other things 
that we depend on Government to help operate and collect in a sensible 
way.
  I offer this in a spirit of compromise. It is something I certainly 
can support, and I look forward to working with my colleagues as we 
move through this recess to come to terms with something that is 
fiscally responsible and also cognizant of trying to get this tax 
leveled so people can plan on what they are going to have to pay and it 
will not become a burden on anyone and so everyone can plan, even those 
with a great deal of money.
                                 ______
                                 
      By Mr. OBAMA:
  S. 3627. A bill to prohibit the Department of Defense and the 
Department of Energy from selling, distributing, or transferring 
elemental mercury, to prohibit the export of elemental mercury, and for 
other purposes; to the Committee on Environment and Public Works.
  Mr. OBAMA. Mr. President, last December, the Chicago Tribune 
published an in-depth report on the extent of mercury contamination in 
the fish eaten by the American people.
  As I am sure my colleagues know, mercury is a potent neurotoxin that 
can cause serious developmental problems in children, ranging from 
severe birth defects to mental retardation. As many as 630,000 children 
born annually in the U.S. are at risk of neurological problems related 
to mercury.
  In adults, mercury can cause major neurological problems affecting 
vision, motor skills, blood pressure and fertility. As many as 10 
percent of women in the U.S. of childbearing age have mercury in their 
blood at a level that could put a baby at risk.
  Mercury, in short, is a poison, and it often reaches humans through 
the fish that we eat.
  Sampling conducted by the Tribune showed surprisingly high levels of 
mercury concentrations in freshwater and saltwater fish purchased by 
Chicago area consumers--fish like tuna, swordfish, orange roughy, and 
walleye. The Tribune series also reported on how existing programs at 
the Food and Drug Administration and the Environmental Protection 
Agency have failed to adequately test and evaluate mercury levels in 
fish.
  As someone who regularly eats fish, I was surprised at the range of 
species with high mercury levels in the Tribune tests. Fish is an 
excellent source of nutrients and other compounds indispensable for 
good health. More of us should eat more fish. But for all Americans--
and especially pregnant women and other at-risk groups--there are risks 
to eating fish with high mercury levels. That's why we need to work 
harder to get at the root causes of mercury contamination.
  You see, the long-term solution isn't eating less fish, or issuing 
consumption advisories, or printing labels on tuna cans, or posting 
placards at the supermarket. If we're really serious about making fish 
safer to eat, we need to reduce the amount of mercury in fish, which 
means reducing the amount of mercury used in industry.
  But, the solution can't be just a U.S. one. Half of mercury settles 
near where it is emitted and the other half gets transported around the 
globe--often settling in oceans, lakes, and rivers nowhere near mercury 
sources. For that reason, we need a comprehensive, global strategy, and 
the two bills I am introducing today are designed to be part of that 
strategy.
  My first bill, the Mercury Market Minimization Act, or M3 Act, 
establisbes a ban on U.S. exports of mercury by the year 2010. Such a 
ban, when coupled with a European Union proposal to ban mercury exports 
by 2011, will constrain global supply of commercially available mercury 
in sufficient quantities that developing nations that still use mercury 
will be compelled to switch to affordable alternatives to mercury that 
are already widespread in industrialized nations.
  My second bill, the Missing Mercury in Manufacturing Monitoring and 
Mitigation Act, or M5 Act, requires the remaining eight of more than 30 
chlor-alkali plants in the United States to complete the transition 
from mercury to alternative technologies.
  Chlor-alkali facilities manufacture chlorine gas and caustic soda, 
important chemicals that serve as the building blocks of many of the 
products and plastics essential to modem everyday life. For decades, 
mercury was a key component in the chlorine process, but today, more 
than 90 percent of the chlor-alkali industry has switched to an 
alternative catalyst. Only eight chlor-alkali plants remain in the U.S.

[[Page S6808]]

that still use mercury. The chlorine industry has instituted voluntary 
policies to help capture and reduce mercury missions into the 
atmosphere--with laudable success. The time has come, however, to 
finish these upgrades and end the use of mercury in the chlor-alkali 
process.
  The amount of mercury emitted or lost by these eight chlor-alkali 
plants rivals the amount of mercury emitted by all of the coal-fired 
plants in the United States. In 2003, the average chlor-alkali facility 
released 1,055 lbs. of mercury into the air--six times as much as the 
183 lbs. of mercury released by the average coal-fired powerplant. And 
it is likely that the actual amount of mercury released by chlor-alkali 
plants is even higher because of emissions that escape through 
unmonitored ventilation systems and other leaks.
  The M5 Act also solves another gap in the current system; it puts 
procedures in place to track and report mercury input and output 
statistics in the chlor-alkali industry. The evidence suggests that 
between 2000 and 2004, the industry could not account for more than 130 
tons of mercury, in addition to the 29 tons that were released into the 
environment. The EPA calls this ``an enigma.'' The M5 Act puts an end 
to this enigma and requires documented tracking of mercury.
  Although this bill deals with chlor-alkali plants, it's important to 
acknowledge that coal-fired powerplants are a significant contributor 
to the mercury in our atmosphere. We must continue to pursue balanced 
policies that address those emissions, but our policy approaches on 
mercury cannot single out coal-fired power plants alone. In truth, the 
largest source of global mercury contamination is the continued 
worldwide use of mercury in developing countries, particularly in gold 
mining and general industry, even thought there are proven and 
economically viable mercury substitutes.
  Mr. President, I believe these two bills will go a long ways towards 
improving the health of the American people. I urge the swift enactment 
of these bills.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3627

       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 Environmental Protection Agency reports that, as of 
     2004, as a result of mercury contamination--
       (A) 44 States have fish advisories covering more than 
     13,000,000 lake acres and more than 750,000 river miles;
       (B) in 21 States, the freshwater fish advisories are 
     statewide; and
       (C) in 12 States, the coastal fish advisories are 
     statewide;
       (5) 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;
       (6) an estimated additional 24,000 to 30,000 tons of 
     mercury are used at mercury cell chlor-alkali plants 
     worldwide;
       (7) 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;
       (8)(A) of the approximately 30 plants in the United States 
     that produce chlorine, only 8 use the obsolete ``mercury 
     cell'' chlor-alkali process; and
       (B) the 8 plants described in subparagraph (A) that use the 
     mercury cell chlor-alkali process release or lose a quantity 
     of mercury that rivals the mercury emissions of all coal-
     fired power plants in the United States;
       (9)(A) only about 10 percent of the total quantity of 
     chlorine and caustic soda produced comes from the chlor-
     alkali plants described in paragraph (8) that use the mercury 
     cell chlor-alkali process; and
       (B) cost-effective alternatives are available and in use in 
     the remaining 90 percent of chlorine and caustic soda 
     production, and other countries, including Japan, have 
     already banned the mercury cell chlor-alkali process;
       (10) as of the date of enactment of this Act, the chlor-
     alkali industry in the United States possesses approximately 
     2,500 tons of mercury at facilities using the mercury cell 
     process and historically has used substantially greater 
     quantities of mercury because many more facilities in the 
     past used the mercury cell process;
       (11) 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;
       (12) despite those quantities of mercury known to have been 
     used or to be in use, the chlor-alkali industry and the 
     Environmental Protection Agency have failed--
       (A) to adequately account for the disposition of the 
     mercury used at those facilities; and
       (B) to accurately estimate current mercury emissions; and
       (13) it is critically important that the United States work 
     aggressively toward the monitoring and mitigation of 
     domestically-used mercury.

     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, 2007, 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 the account--
  
  The Record is corrected to read as follows:

                                S. 3627

       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 Environmental Protection Agency reports that, as of 
     2004, as a result of mercury contamination--
       (A) 44 States have fish advisories covering more than 
     13,000,000 lake acres and more than 750,000 river miles;
       (B) in 21 States, the freshwater fish advisories are 
     statewide; and
       (C) in 12 States, the coastal fish advisories are 
     statewide;
       (5) 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;
       (6) an estimated additional 24,000 to 30,000 tons of 
     mercury are used at mercury cell chlor-alkali plants 
     worldwide;
       (7) 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;
       (8)(A) of the approximately 30 plants in the United States 
     that produce chlorine, only 8 use the obsolete ``mercury 
     cell'' chlor-alkali process; and
       (B) the 8 plants described in subparagraph (A) that use the 
     mercury cell chlor-alkali process release or lose a quantity 
     of mercury that rivals the mercury emissions of all coal-
     fired power plants in the United States;
       (9)(A) only about 10 percent of the total quantity of 
     chlorine and caustic soda produced comes from the chlor-
     alkali plants described in paragraph (8) that use the mercury 
     cell chlor-alkali process; and
       (B) cost-effective alternatives are available and in use in 
     the remaining 90 percent of chlorine and caustic soda 
     production, and other countries, including Japan, have 
     already banned the mercury cell chlor-alkali process;
       (10) as of the date of enactment of this Act, the chlor-
     alkali industry in the United States possesses approximately 
     2,500 tons of mercury at facilities using the mercury cell 
     process and historically has used substantially greater 
     quantities of mercury because many more facilities in the 
     past used the mercury cell process;
       (11) 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;
       (12) despite those quantities of mercury known to have been 
     used or to be in use, the chlor-alkali industry and the 
     Environmental Protection Agency have failed--
       (A) to adequately account for the disposition of the 
     mercury used at those facilities; and
       (B) to accurately estimate current mercury emissions; and
       (13) it is critically important that the United States work 
     aggressively toward the monitoring and mitigation of 
     domestically-used mercury.

     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, 2007, 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 the account--


 ========================= END NOTE ========================= 


[[Page S6809]]

       ``(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) 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).
       ``(f) 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.
       ``(g) Regulations.--In addition to regulations described in 
     subsection (e)(1), the Administrator may promulgate such 
     regulations, including the establishment of a reporting form 
     for use in accordance with subparagraph (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.''.
  
  The Record is corrected to read as follows:
       ``(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) 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).
       ``(f) 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.
       ``(g) Regulations.--In addition to regulations described in 
     subsection (e)(1), the Administrator may promulgate such 
     regulations, including the establishment of a reporting form 
     for use in accordance with subparagraph (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.''.


 ========================= END NOTE ========================= 

                                 ______