[Congressional Record Volume 153, Number 175 (Tuesday, November 13, 2007)]
[House]
[Pages H13549-H13554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MERCURY EXPORT BAN ACT OF 2007
Mr. WYNN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1534) to prohibit the sale, distribution, or transfer of mercury,
to prohibit the export of mercury, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1534
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 Export Ban Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury is 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 the blood at a level that
could put a baby at risk;
(3) as many as 630,000 children born annually in the United
States are at risk of neurological problems related to
mercury;
(4) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(5) the Environmental Protection Agency reports that, as of
2004--
(A) 44 States have fish advisories covering over 13,000,000
lake acres and over 750,000 river miles;
(B) in 21 States the freshwater advisories are statewide;
and
(C) in 12 States the coastal advisories are statewide;
(6) the long-term solution to mercury pollution is to
minimize global mercury use and releases 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
worldwide;
(7) mercury pollution is a transboundary pollutant,
depositing locally, regionally, and globally, and affecting
water bodies near industrial sources (including the Great
Lakes) and remote areas (including the Arctic Circle);
(8) the free trade of elemental mercury on the world
market, at relatively low prices and in ready supply,
encourages the continued use of elemental mercury outside of
the United States, often involving highly dispersive
activities such as artisanal gold mining;
(9) the intentional use of mercury is declining in the
United States as a consequence of process changes to
manufactured products (including batteries, paints, switches,
and measuring devices), but those uses remain substantial in
the developing world where releases from the products are
extremely likely due to the limited pollution control and
waste management infrastructures in those countries;
(10) the member countries of the European Union
collectively are the largest source of elemental mercury
exports globally;
(11) the European Commission has proposed to the European
Parliament and to the Council of the European Union a
regulation to ban exports of elemental mercury from the
European Union by 2011;
(12) the United States is a net exporter of elemental
mercury and, according to the United States Geological
Survey, exported 506 metric tons of elemental mercury more
than the United States imported during the period of 2000
through 2004; and
(13) banning exports of elemental mercury from the United
States will have a notable effect on the market availability
of elemental mercury and switching to affordable mercury
alternatives in the developing world.
SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF
ELEMENTAL MERCURY.
Section 6 of the Toxic Substances Control Act (15 U.S.C.
2605) is amended by adding at the end the following:
[[Page H13550]]
``(f) Mercury.--
``(1) Prohibition on sale, distribution, or transfer of
elemental mercury by federal agencies.--Except as provided in
paragraph (2), effective beginning on the date of enactment
of this subsection, no Federal agency shall convey, sell, or
distribute to any other Federal agency, any State or local
government agency, or any private individual or entity any
elemental mercury under the control or jurisdiction of the
Federal agency.
``(2) Exception.--Paragraph (1) shall not apply to a
transfer between Federal agencies of elemental mercury for
the sole purpose of facilitating storage of mercury to carry
out this Act.''.
SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL MERCURY.
Section 12 of the Toxic Substances Control Act (15 U.S.C.
2611) is amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following:
``(c) Prohibition on Export of Elemental Mercury.--
``(1) Prohibition.--Effective January 1, 2010, the export
of elemental mercury from the United States is prohibited.
``(2) Inapplicability of subsection (a).--Subsection (a)
shall not apply to this subsection.
``(3) Report to congress on mercury compounds.--
``(A) Report.--Not later than one year after the date of
enactment of the Mercury Export Ban Act of 2007, the
Administrator shall publish and submit to Congress a report
on mercuric chloride, mercurous chloride or calomel, mercuric
oxide, and other mercury compounds, if any, that may
currently be used in significant quantities in products or
processes. Such report shall include an analysis of--
``(i) the sources and amounts of each of the mercury
compounds imported into the United States or manufactured in
the United States annually;
``(ii) the purposes for which each of these compounds are
used domestically, the amount of these compounds currently
consumed annually for each purpose, and the estimated amounts
to be consumed for each purpose in 2010 and beyond;
``(iii) the sources and amounts of each mercury compound
exported from the United States annually in each of the last
three years;
``(iv) the potential for these compounds to be processed
into elemental mercury after export from the United States;
and
``(v) other relevant information that Congress should
consider in determining whether to extend the export
prohibition to include one or more of these mercury
compounds.
``(B) Procedure.--For the purpose of preparing the report
under this paragraph, the Administrator may utilize the
information gathering authorities of this title, including
sections 10 and 11.
``(4) Essential use exemption.--(A) Any person residing in
the United States may petition the Administrator for an
exemption from the prohibition in paragraph (1), and the
Administrator may grant by rule, after notice and opportunity
for comment, an exemption for a specified use at an
identified foreign facility if the Administrator finds that--
``(i) nonmercury alternatives for the specified use are not
available in the country where the facility is located;
``(ii) there is no other source of elemental mercury
available from domestic supplies (not including new mercury
mines) in the country where the elemental mercury will be
used;
``(iii) the country where the elemental mercury will be
used certifies its support for the exemption;
``(iv) the export will be conducted in such a manner as to
ensure the elemental mercury will be used at the identified
facility as described in the petition, and not otherwise
diverted for other uses for any reason;
``(v) the elemental mercury will be used in a manner that
will protect human health and the environment, taking into
account local, regional, and global human health and
environmental impacts;
``(vi) the elemental mercury will be handled and managed in
a manner that will protect human health and the environment,
taking into account local, regional, and global human health
and environmental impacts; and
``(vii) the export of elemental mercury for the specified
use is consistent with international obligations of the
United States intended to reduce global mercury supply, use,
and pollution.
``(B) Each exemption issued by the Administrator pursuant
to this paragraph shall contain such terms and conditions as
are necessary to minimize the export of elemental mercury and
ensure that the conditions for granting the exemption will be
fully met, and shall contain such other terms and conditions
as the Administrator may prescribe. No exemption granted
pursuant to this paragraph shall exceed three years in
duration and no such exemption shall exceed 10 metric tons of
elemental mercury.
``(C) The Administrator may by order suspend or cancel an
exemption under this paragraph in the case of a violation
described in subparagraph (D).
``(D) A violation of this subsection or the terms and
conditions of an exemption, or the submission of false
information in connection therewith, shall be considered a
prohibited act under section 15, and shall be subject to
penalties under section 16, injunctive relief under section
17, and citizen suits under section 20.
``(5) Consistency with trade obligations.--Nothing in this
subsection affects, replaces, or amends prior law relating to
the need for consistency with international trade
obligations.
``(6) Export of coal.--Nothing in this subsection shall be
construed to prohibit the export of coal.''.
SEC. 5. LONG-TERM STORAGE.
(a) Establishment of Program.--Not later than January 1,
2010, the Secretary of Energy (in this section referred to as
the ``Secretary'') shall accept custody, for the purpose of
long-term management and storage, of elemental mercury
generated within the United States and delivered to a
facility of the Department of Energy designated by the
Secretary.
(b) Fees.--
(1) In general.--After consultation with persons who are
likely to deliver elemental mercury to a designated facility
for long-term management and storage under the program
prescribed in subsection (a), and with other interested
persons, the Secretary shall assess and collect a fee at the
time of delivery for providing such management and storage,
based on the pro rata cost of long-term management and
storage of elemental mercury delivered to the facility. The
amount of such fees--
(A) shall be made publically available not later than
October 1, 2009;
(B) may be adjusted annually; and
(C) shall be set in an amount sufficient to cover the costs
described in paragraph (2).
(2) Costs.--The costs referred to in paragraph (1)(C) are
the costs to the Department of Energy of providing such
management and storage, including facility operation and
maintenance, security, monitoring, reporting, personnel,
administration, inspections, training, fire suppression,
closure, and other costs required for compliance with
applicable law. Such costs shall not include costs associated
with land acquisition or permitting of a designated facility
under the Solid Waste Disposal Act or other applicable law.
Building design and building construction costs shall only be
included to the extent that the Secretary finds that the
management and storage of elemental mercury accepted under
the program under this section cannot be accomplished without
construction of a new building or buildings.
(c) Report.--Not later than 60 days after the end of each
Federal fiscal year, the Secretary shall transmit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on all of the costs incurred in
the previous fiscal year associated with the long-term
management and storage of elemental mercury. Such report
shall set forth separately the costs associated with
activities taken under this section.
(d) Management Standards for a Facility.--
(1) Guidance.--Not later than October 1, 2009, the
Secretary, after consultation with the Administrator of the
Environmental Protection Agency and all appropriate State
agencies in affected States, shall make available, including
to potential users of the long-term management and storage
program established under subsection (a), guidance that
establishes procedures and standards for the receipt,
management, and long-term storage of elemental mercury at a
designated facility or facilities, including requirements to
ensure appropriate use of flasks or other suitable shipping
containers. Such procedures and standards shall be protective
of human health and the environment and shall ensure that the
elemental mercury is stored in a safe, secure, and effective
manner. In addition to such procedures and standards,
elemental mercury managed and stored under this section at a
designated facility shall be subject to the requirements of
the Solid Waste Disposal Act, including the requirements of
subtitle C of that Act, except as provided in subsection
(g)(2) of this section. A designated facility in existence on
or before January 1, 2010, is authorized to operate under
interim status pursuant to section 3005(e) of the Solid Waste
Disposal Act until a final decision on a permit application
is made pursuant to section 3005(c) of the Solid Waste
Disposal Act. Not later than January 1, 2012, the
Administrator of the Environmental Protection Agency (or an
authorized State) shall issue a final decision on the permit
application.
(2) Training.--The Secretary shall conduct operational
training and emergency training for all staff that have
responsibilities related to elemental mercury management,
transfer, storage, monitoring, or response.
(3) Equipment.--The Secretary shall ensure that each
designated facility has all equipment necessary for routine
operations, emergencies, monitoring, checking inventory,
loading, and storing elemental mercury at the facility.
(4) Fire detection and suppression systems.--The Secretary
shall--
(A) ensure the installation of fire detection systems at
each designated facility, including smoke detectors and heat
detectors; and
(B) ensure the installation of a permanent fire suppression
system, unless the Secretary determines that a permanent fire
suppression system is not necessary to protect human health
and the environment.
(e) Indemnification of Persons Delivering Elemental
Mercury.--
(1) In general.--(A) Except as provided in subparagraph (B)
and subject to paragraph (2), the Secretary shall hold
harmless, defend, and indemnify in full any person who
delivers elemental mercury to a designated facility under the
program established under subsection (a) from and against any
suit, claim, demand or action, liability, judgment, cost, or
other fee arising out of any claim for personal injury or
property damage (including death, illness, or loss of or
damage to property or economic loss) that results from, or is
in any manner predicated upon, the release or threatened
release of elemental mercury as a result of acts or omissions
occurring after such mercury is delivered to a designated
facility described in subsection (a).
[[Page H13551]]
(B) To the extent that a person described in subparagraph
(A) contributed to any such release or threatened release,
subparagraph (A) shall not apply.
(2) Conditions.--No indemnification may be afforded under
this subsection unless the person seeking indemnification--
(A) notifies the Secretary in writing within 30 days after
receiving written notice of the claim for which
indemnification is sought;
(B) furnishes to the Secretary copies of pertinent papers
the person receives;
(C) furnishes evidence or proof of any claim, loss, or
damage covered by this subsection; and
(D) provides, upon request by the Secretary, access to the
records and personnel of the person for purposes of defending
or settling the claim or action.
(3) Authority of secretary.--(A) In any case in which the
Secretary determines that the Department of Energy may be
required to make indemnification payments to a person under
this subsection for any suit, claim, demand or action,
liability, judgment, cost, or other fee arising out of any
claim for personal injury or property damage referred to in
paragraph (1)(A), the Secretary may settle or defend, on
behalf of that person, the claim for personal injury or
property damage.
(B) In any case described in subparagraph (A), if the
person to whom the Department of Energy may be required to
make indemnification payments does not allow the Secretary to
settle or defend the claim, the person may not be afforded
indemnification with respect to that claim under this
subsection.
(f) Terms, Conditions, and Procedures.--The Secretary is
authorized to establish such terms, conditions, and
procedures as are necessary to carry out this section.
(g) Effect on Other Law.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section changes or affects any Federal,
State, or local law or the obligation of any person to comply
with such law.
(2) Exception.--(A) Elemental mercury that the Secretary is
storing on a long-term basis shall not be subject to the
storage prohibition of section 3004(j) of the Solid Waste
Disposal Act (42 U.S.C. 6924(j)). For the purposes of section
3004(j) of the Solid Waste Disposal Act, a generator
accumulating elemental mercury destined for a facility
designated by the Secretary under subsection (a) for 90 days
or less shall be deemed to be accumulating the mercury to
facilitate proper treatment, recovery, or disposal.
(B) Elemental mercury that is stored at a facility with
respect to which a permit has been issued under section
3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c))
shall not be subject to the storage prohibition of section
3004(j) of the Solid Waste Disposal Act (42 U.S.C. 6924(j))
if--
(i) the Secretary is unable to accept the mercury at a
facility designated by the Secretary under subsection (a) for
reasons beyond the control of the owner or operator of the
permitted facility;
(ii) the owner or operator of the permitted facility
certifies in writing to the Secretary that it will ship the
mercury to the designated facility when the Secretary is able
to accept the mercury; and
(iii) the owner or operator of the permitted facility
certifies in writing to the Secretary that it will not sell,
or otherwise place into commerce, the mercury.
This subparagraph shall not apply to mercury with respect to
which the owner or operator of the permitted facility fails
to comply with a certification provided under clause (ii) or
(iii).
(h) Study.--Not later than July 1, 2011, the Secretary
shall transmit to the Congress the results of a study,
conducted in consultation with the Administrator of the
Environmental Protection Agency, that--
(1) determines the impact of the long-term storage program
under this section on mercury recycling; and
(2) includes proposals, if necessary, to mitigate any
negative impact identified under paragraph (1).
SEC. 6. REPORT TO CONGRESS.
At least 3 years after the effective date of the
prohibition on export of elemental mercury under section
12(c) of the Toxic Substances Control Act (15 U.S.C.
2611(c)), as added by section 4 of this Act, but not later
than January 1, 2014, the Administrator of the Environmental
Protection Agency shall transmit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the global supply and trade of elemental mercury,
including but not limited to the amount of elemental mercury
traded globally that originates from primary mining, where
such primary mining is conducted, and whether additional
primary mining has occurred as a consequence of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Wynn) and the gentleman from Michigan (Mr. Upton) each
will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. WYNN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. WYNN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1534, the Mercury
Export Ban Act of 2007. The bill will place an export ban on elemental
mercury beginning in the year 2010; prevent Federal agencies from
selling, distributing or transferring elemental mercury, except for its
transfer between Federal agencies to facilitate storage; and it will
create a long-term storage option for private sources of elemental
mercury at a facility to be designated by the Secretary of Energy. The
location of the designated facility where the elemental mercury will be
stored is within the sole discretion of the Secretary of Energy. The
bill does not designate a facility location.
Let me begin by congratulating Mr. Allen of Maine, the sponsor of
this bill, along with Mr. Shimkus, the ranking member of the
Subcommittee on Environmental and Hazardous Materials, for their hard
work in developing this bipartisan legislation which has attained
endorsement from the environmental community, the mining industry, the
chemical industry, as well as the States.
Mercury is a potent neurotoxin that is harmful even at low exposure
levels. It disrupts biological processes critical for brain development
in developing fetuses and young children.
Mercury emissions can be transported over long distances and remain
airborne for more than a year. These emissions deposit into water
bodies where they are transformed into methylmercury that accumulates
in fish and subsequently in humans who eat mercury-contaminated fish.
Forty-eight States, including my own State of Maryland, have issued
fish advisories warning residents to limit consumption of mercury-
contaminated fish.
Currently, excess elemental mercury is exported from developed
countries to developing countries where it is used in artisanal and
small-scale gold mining, mainly in Africa, Asia, and Latin America.
This rudimentary mining process releases most of the mercury into the
environment, creating thousands of polluted sites and exposing miners
and nearby residents to toxic fumes that can cause neurological damage.
Data from the EPA and other research groups indicate that 60 to over 70
percent of all mercury deposited in the United States comes from global
sources.
The United States has an excess supply of elemental mercury that will
only increase in future years as the demand for mercury-containing
products continues to decline. As of 2010, there are expected to be
only four chlor-alkali plants using mercury cell technology in the
United States. The decommissioning of these plants would result in an
estimated surplus of 1,200 to 1,500 metric tons of elemental mercury.
The Department of Defense and the Department of Energy combined are
storing close to 6,000 metric tons of elemental mercury and are not
selling it on the open market because of the EPA's concerns about the
impacts of mercury releases on human health and the environment.
This legislation is necessary because the elemental mercury that we
export overseas returns to our country in the atmosphere as toxic
pollution contaminating our air, soil and water and fish, demonstrating
the fact that pollution knows no borders.
I urge my colleagues to support passage of this very important and
bipartisan bill.
I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
I want to thank, in particular, Mr. Allen, Mr. Shimkus, Mr. Dingell,
Mr. Barton, obviously Mr. Wynn for helping to manage this bill this
afternoon. You know, this bill culminates an agreement that took many
weeks of talks between the majority and minority members and their
staffs. I want to thank all of the stakeholders that were involved in
those discussions. Significant improvements clearly were made as that
legislation moved through our committee, Energy and Commerce, as it
winds its way to the floor this afternoon.
The bill tackled the serious concern that elemental mercury pollution
in other countries will eventually convert to methylmercury pollution
in the United States. Methylmercury is the
[[Page H13552]]
most potent form of mercury poisoning, and a serious, very serious
neurotoxin.
And, obviously, as Mr. Wynn indicated, this bans the export of such
mercury, elemental mercury in the year 2010.
This legislation directs the Department of Energy, which has
experience storing elemental mercury, to set up a domestic storage
option.
{time} 1430
The legislation does not preclude any private storage solutions from
occurring. Private entities wishing to take advantage of the DOE-
sponsored storage option must pay the Department of Energy for that
privilege, but in return they are indemnified against any environmental
damage that is caused once DOE takes possession of that mercury.
The bill only covers elemental mercury. It does not cover coal
exports. It is not intended to cover fly ash exports, from coal
combustion, or small amounts of mercury in manufactured consumer
products.
The bill requires that EPA monitor the global implications of a U.S.
export ban on elemental mercury. EPA is also required to report back to
the Congress on any negative consequences caused by that export ban.
The legislation permits EPA to grant targeted, temporary waivers for
individual shipments of elemental mercury to other countries. And I
would note that groups that are supporting this bill include the
American Chemistry Council; the National Mining Association; the
Chlorine Institute; the Environmental Council of the States; and the
NRDC, the Natural Resources Defense Council.
Again, I compliment all those Members and staff that worked so hard
to make this truly a bipartisan bill. I would like to think that we can
pass this with unanimous support this afternoon.
Mr. Speaker, I reserve the balance of my time
Mr. WYNN. Mr. Speaker, at this time it gives me great pleasure to
yield such time as he may consume to the distinguished gentleman from
Maine (Mr. Allen) who is the sponsor of this legislation and who has
done a wonderful job in moving this bill forward and working on a
bipartisan basis.
Mr. ALLEN. I thank the gentleman for yielding and thank him for his
outstanding work on this piece of legislation.
Mr. Speaker, I rise in support of my legislation, H.R. 1534, the
Mercury Export Ban Act. I want to thank not just Mr. Wynn but Mr.
Dingell, Mr. Shimkus, and Mr. Barton, all of those who have worked so
hard on this particular legislation.
It is a well-established fact that mercury is a powerful neurotoxin
harmful at even low exposure levels. Mercury is harmful whether it is
inhaled, ingested, or absorbed through the skin. Once exposed to water,
elemental mercury is transformed to methylmercury, which is highly
toxic and which has a tendency to bio-accumulate in both fish and the
humans who eat the fish. Very young children with developing nervous
systems are particularly at risk. In addition, pregnant mothers who are
exposed to mercury pollution can transmit mercury to their unborn
children, increasing the chances of miscarriage and birth defects.
Mercury can also be found in high concentrations in mothers' breast
milk.
My bill seeks to combat a large source of mercury pollution
worldwide: namely, the export of elemental mercury from the United
States to developing countries. This mercury is used largely for
artesinal mining. Exposure occurs when miners handle the mercury. It
enters the water when miners pan for gold, and it enters the air
through the smelting process which emits mercury vapor.
According to the U.N. Environmental Programme, approximately 15
million people worldwide, including 4.5 million women and 1 million
children, engage in artesinal mining with mercury, exposing them to the
poisons that mercury produces. Some of this mercury is exported from
the United States. That should be unacceptable to us as a Nation.
Further, the export of mercury for artesinal mining harms Americans
who are exposed through the global air transport of mercury pollution
or through the consumption of mercury-contaminated fish. Scientists
have estimated that up to one-third of U.S. mercury air pollution has
traveled to the U.S. from Asia, where mercury pollution is extensive,
including from mercury exported for artesinal mining. Much of the fish
that we eat, including tuna, is imported from off the coast of Asian
and South American countries where the use of mercury in artesinal
mining is widespread.
The Departments of Defense and Energy are the two largest holders of
mercury in the United States. The EPA has urged DOE and DOD not to sell
its mercury stockpiles due to the serious human health and
environmental risks associated with mercury. DOD and DOE have agreed.
However, that ban is not in law, which is why my bill prohibits the
Federal Government from exporting mercury. In addition, private
companies may still export this poisonous and hazardous material, which
is why my legislation is necessary.
Together with my friend Mr. Shimkus at the full committee markup, I
offered an amendment to create a long-term mercury storage repository.
This amendment was the result of a stakeholder process over the last
several months to develop a consensus product. Stakeholders included
NRDC, the Environmental Council of the States, the American Chemistry
Council, the Chlorine Institute, and the National Mining Association,
all of whom have endorsed this amendment.
Mr. Speaker, I will place in the Record a letter from these groups in
support of this legislation.
November 8, 2007.
Re: H.R. 1534.
Dear Representative: H.R. 1534, the ``Mercury Export Ban
Act of 2007'', which bans the export of surplus elemental
mercury into global commerce, was reported out of the House
Energy & Commerce Committee on October 30, 2007, by an
overwhelmingly bi-partisan vote of 45-2. The undersigned
organizations support this negotiated version of H.R. 1534
and urge its passage under Suspension of the Rules.
Collectively, our organizations negotiated in good faith to
produce the bill as reported, which addresses our individual
concerns, advances our shared objective of reducing global
mercury pollution, and reflects good public policy.
Specifically, the Committee-reported version of H.R. 1534
establishes a practical and workable domestic framework for
sequestering the elemental mercury prohibited from export
under the legislation. To develop this framework, our
organizations worked diligently and collectively to reach
consensus, each of us agreeing not to raise related mercury
matters which may have prevented a successful outcome.
Therefore, we hope the full House of Representatives will
acknowledge the compromises made and approve H.R. 1534
without further changes.
In closing, the undersigned organizations urge your ``YES''
vote on H.R. 1534 in the coming days.
Sincerely,
Frances G. Beinecke,
President, Natural Resources Defense Council.
Jack N. Gerard,
President & CEO, American Chemistry Council.
Kraig R. Naasz,
President & CEO, National Mining Association.
R. Steven Brown,
Executive Director, Environmental Council of States.
Arthur E. Dungan,
President, The Chlorine Institute Inc.
The bill requires DOE to designate a facility to accept mercury from
private sector sources, particularly the chlor-alkali industry and the
mining industry, when the export ban in the underlying bill takes
effect on January 1, 2010. The bill does not require that all excess
mercury be transferred to DOE; rather, it gives the private sector the
option of placing mercury into storage at DOE. If there is a more
practical or cost-effective private sector solution, the affected
industries are more than welcome to pursue that option.
DOE will be allowed to charge a fee to recoup the government's cost
of storing this waste. As CBO has shown, enactment of this bill will
have no effect on the taxpayers. All applicable and appropriate
environmental laws apply with respect to this facility.
The legislation will allow the chlor-alkali industry to place into
safe storage the roughly 1,500 tons of mercury still to be used at
aging plants. It will also allow the mining industry to store the
approximately 50 to 100 tons of
[[Page H13553]]
mercury it generates annually as a byproduct of air filtration systems.
The process used to develop this legislation can be a model. On a
bipartisan basis, we sat down together, we worked out our differences,
and brought interested and affected parties to the table to hammer out
a compromise.
Again, I want to thank Chairman Wynn, Chairman Dingell, Ranking
Member Barton, and Mr. Shimkus for the work they have done on this
legislation. I also want to thank Dick Frandsen, Caroline Ahearn, and
Ann Strickland from the majority staff, as well as Dave McCarthy and
Jerry Couri from the minority staff, Jim Bradley from my staff, and Mo
Zilly on Mr. Shimkus' staff for their hard work as well.
Mr. Speaker, this is good legislation, and I urge all Members to
support its passage.
Mr. UPTON. Mr. Speaker, at this point, I yield 2 minutes to the
gentleman from Tennessee (Mr. Wamp).
Mr. WAMP. I thank the gentleman for yielding.
All I want to do is rise to raise some concerns, because I think this
is a case where clearly these motives of this legislation are
meritorious, worthy. But at the Commerce Committee, when this bill was
reported out, some concerns were raised, and I want to reraise those
concerns on the floor of the House today because I think everything
that has been said is accurate, but I think the likely place that this
mercury is going to come is to my district, Oak Ridge, Tennessee.
Everybody within DOE and the NNSA, the National Nuclear Security
Administration, expects this mercury to come to the Y-12 National
Security Complex.
We are in the middle of modernization, sweeping modernization, new
facilities, because we are the Fort Knox for highly enriched uranium
for our country, and we basically received a mandate from the Congress
to more properly secure this material. We've got a new design basis
threat. We have new security challenges. This is about a $42 million
price tag. I understand there are ways to pay for it, but it's going to
go somewhere, and when you push on one side of the balloon, out pops
the other. We just want to raise the concern because probably no place
in America wants to be the place that this mercury comes to.
You've raised the concerns about mercury. We can safely store it and
we do. We have got an excellent record and reputation. But we want to
make sure that this is done properly. And I am not going to speak in
opposition to the legislation because I think that the merits of the
legislation are justified, but I am raising these concerns because we
need to address this.
The administration has issued a SAP, Statement of Administration
Policy, today against this bill. So we need to solve some of these
problems as we go forward.
With that I applaud your efforts, the work that you've done, raise
these concerns because we are probably going to end up with this stuff,
and I thank you for your work. And with that, I am not going to object;
I am just going to raise these concerns.
Mr. UPTON. Mr. Speaker, I yield back the balance of my time.
Mr. WYNN. Mr. Speaker, I yield myself 1 minute.
I only want to indicate that we are sensitive to the concerns that
have been raised, but I do want to clarify that the bill does not
specify any particular location, and DOE certainly would be in a
position to take into consideration any concerns with regard to where
the mercury is ultimately stored.
But the point is we do need to make sure that we do not continue
exporting this mercury which then comes back to our own shores.
I would conclude by saying that I would like to thank Mr. Allen again
for his leadership and thank our committee chairman, Mr. Dingell, as
well as our ranking member, Mr. Barton. I would like to thank Mr. Upton
for his kind words in support of this bipartisan legislation. I would
like to recognize the contribution of Mr. Shimkus in working with us
and also the role of the stakeholders in bringing together a bipartisan
bill that works across the spectrum, both the environmental community
and the business community, to give us a bill that I think we can all
be proud of.
Mr. BARTON of Texas. Mr. Speaker, I thank the gentleman from Illinois
for giving me a few moments to speak on this bill.
I want to congratulate the sponsor of this bill, as well as the
Chairman and Ranking Member of the Subcommittee on Environment and
Hazardous Materials on coming to agreement on this legislation. Their
consensus work is the culmination of 6 weeks of talks among majority
and minority Members and staff as well as affected private
stakeholders. Significant improvements have been made that make this
legislation workable from a realistic and practical standpoint. I
support these changes and urge my colleagues to do so as well.
A hearing before the Subcommittee on Environment and Hazardous
Materials made clear the serious domestic health concerns that
elemental mercury pollution presents when it is mishandled in other,
less developed countries. Specifically, this form of mercury converts
into neuro-toxic, methyl-mercury that comes back to the United States
in the form of tainted fish and polluted air.
This legislation attempts to break this global transport cycle by
banning the export of elemental mercury in 2010. It does not cover coal
exports and is not intended to cover fly ash exports from coal
combustion, or elemental mercury in manufactured consumer products.
This bill also, importantly, assures that domestic stocks of
elemental mercury--which currently are a valuable commodity--have some
place to safely go. Under the consensus language we are considering,
the Department of Energy--which has experience storing elemental
mercury--is directed to set up a domestic storage option that will open
when the ban commences. Further, the legislation does not preclude
private storage solutions. I am glad that this bill allows enterprising
folks to facilitate good environmental policy.
In addition, I am pleased this bill recognizes that we should not
punish people who do the right thing. Under the legislation we are
considering today, private entities wishing to take advantage of the
DOE-sponsored storage option must pay DOE for the privilege, but in
return are indemnified against any environmental damage that is caused
once DOE takes possession of the elemental mercury. This is common
sense policy and a key feature of ensuring that the proper handling and
safe long-term storage of elemental mercury occur.
Mr. Speaker, I am pleased that the Energy and Commerce Committee has
produced another example of compromise, bipartisan legislation. It
represents serious give and take by all parties. I hope that efforts
like this will continue to be more the norm than the exception
throughout this Congress.
I urge all my colleagues to support H.R. 1534.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise today in support of H.R.
1534, the Mercury Export Ban of 2007. This bill is a bipartisan effort
that will effectively reduce the amount of elemental mercury in the
atmosphere.
Mercury is a neurotoxin that is very harmful to children, fetuses,
and pregnant women. It took us many years to realize there are negative
health effects associated with mercury. Once the true health effects of
mercury were realized in the US its use for manufacturing and products
was decreased.
The decrease in the use of mercury has left us burdened with reserves
of commercial mercury that is being sold to recyclers who have no means
of disposing of the mercury. The recyclers sell this mercury to brokers
who distribute this mercury on the global market.
Once on the global market this mercury is used by small scale gold
miners who unknowingly allow their miners to unsafely expose themselves
to mercury.
Once the mercury is released into the atmosphere or water we are
allowing other countries to contribute to a global mercury
contamination problem.
We essentially are selling mercury to other countries in an attempt
to get rid of it only to have the mercury come back to us in the form
of contamination.
This bill would ban exporting elemental mercury by 2010 and the sale,
distribution, or transfer of elemental mercury between state and local
government, Federal agency, or private entity except for storage
purposes.
It would also require the EPA issue a report to Congress one year
after the ban to address the issue of mercury in the U.S. and create an
Excess Mercury Storage Committee so that we can address the storage and
health issues related to elemental mercury in the U.S.
This is a good bill and I strongly urge my colleagues to support it.
Mr. WYNN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Wynn) that the House suspend the
[[Page H13554]]
rules and pass the bill, H.R. 1534, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to prohibit certain
sales, distributions, and transfers of elemental mercury, to prohibit
the export of elemental mercury, and for other purposes.''.
A motion to reconsider was laid on the table.
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