[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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