[Senate Report 107-243]
[From the U.S. Government Publishing Office]
Calendar No. 553
107th Congress Report
SENATE
2d Session 107-243
======================================================================
MERCURY REDUCTION ACT OF 2002
_______
August 28, 2002.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29, 2002.
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 351]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 351) to amend the Solid Waste Disposal
Act to reduce the quantity of mercury in the environment by
limiting the use of mercury fever thermometers and improving
collection, recycling, and disposal of mercury and for other
purposes, reports favorably thereon with an amendment and an
amendment to the title and recommends that the bill as amended
do pass.
Background
Mercury is a highly lethal and potent neurotoxin that is
widespread in the environment. It is particularly harmful to
developing children and pregnant women. A 2000 National Academy
of Sciences report attributed mercury exposure to birth defects
and brain damage in up to 60,000 newborn children each year.
The Environmental Protection Agency (EPA) has estimated
that mercury thermometers contributed approximately 17 tons of
mercury to solid waste per year through the early 1990's. While
this amount has declined since then, mercury fever thermometers
continue to represent the largest household source of mercury.
Replacement of these household thermometers with non-mercury
alternatives (such as digital thermometers) would go a long way
toward reducing the amount of mercury that eventually ends up
in the environment.
With respect to water pollution, according to the
Association of Metropolitan Sewerage Agencies, technologies
that reduce discharges of mercury from wastewater treatment
plants to required levels are estimated to cost ratepayers and
taxpayers anywhere from $10 million to $100 million per pound
of mercury. Again, mercury fever thermometers are one of the
largest household sources of mercury in wastewater.
Mercury released into the environment can have a
devastating impact on fish and other natural resources. For
example, the common mercury fever thermometer contains
approximately 1 gram of mercury. While this amount is very
small, one gram of mercury released to the atmosphere is enough
to contaminate fish in a lake with the surface area of 20
acres, resulting in fish consumption advisories for mercury.
Currently, 42 States have issued consumption advisories for
recreationally caught fish and 10 of those States have also
issued advisories for commercially caught fish.
Presently, numerous cities and ten States--Maine, Oregon,
Indiana, California, New Hampshire, Maryland, Minnesota,
Connecticut, Rhode Island and Michigan--have already banned the
sale of mercury fever thermometers. Over 20,000 of the 32,000
retail stores in the National Association of Chain Drug Stores
no longer sell mercury thermometers and 11 of the top 15
national retailers have stopped selling mercury thermometers.
Moreover, no mercury fever thermometers are manufactured in the
United States; the primary sources are factories in India and
China.
Purpose of the Legislation
The bill as reported: (1) prohibits the sale of mercury
fever thermometers except by prescription, (2) directs the EPA
to establish a national mercury thermometer collection and
exchange program, and (3) creates a Federal task force to make
recommendations to Congress regarding the cost-effective, long-
term management of surplus mercury.
Section-By-Section Analysis
Section 1. Short Title
This section provides that this Act may be cited as the
``Mercury Reduction Act of 2002''.
Sec. 2. Findings
This section lists findings of Congress on the hazards of
mercury to human health, to fish and wildlife, and to the
environment.
Sec. 3. Mercury
This section amends the Solid Waste Disposal Act, and adds
a new provision on mercury. This section contains four
provisions:
(1) Prohibition on the sale of mercury fever
thermometers.--Six months after the effective date of the
legislation, a person shall not sell or supply mercury fever
thermometers to consumers, except by prescription.
(2) Thermometer exchange.--Directs the Administrator of the
U.S. Environmental Protection Agency to make grants to States,
municipalities, nonprofit organizations, or other suitable
entities for implementation of a national program for the
collection of mercury fever thermometers from households and
their exchange for non-mercury containing substitutes.
(3) Management of collected mercury.--Requires EPA to take
title to the mercury collected in the above thermometer
exchange program and ensure no release to the environment or
reintroduction into commerce of this mercury. It also requires
EPA to conduct research and development on permanent means of
safely disposing of mercury.
(4) Interagency Task Force on Mercury.--Creates a Task
Force to be chaired by the Administrator of the Environmental
Protection Agency with one member each to be appointed by the
Secretaries of State, Defense, and Energy, and Health and Human
Services. The Task Force shall consult with States, industries,
health, environmental, and consumer organizations. Not later
than 1 year after the formation of the Task Force, the Task
Force shall submit to Congress a report containing
recommendations regarding means of reducing the total mercury
threat to humans and the environment, including:
The long term management of surplus mercury
collected from thermometers, and other sources including
medical, governmental, and industrial sources.
Programs to test the long-term durability of
technologies to sequester mercury. It is the intent of the
committee that ``sequester'' means stabilization techniques or
other long-term storage activities;
Storage of collected surplus mercury in a manner
that ensures there is no release of the mercury into the
environment;
Reduction of the total threat posed by mercury to
humans and the environment; and
Effective means of reducing the total amount of
mercury produced, used, and release on a global basis.
A provision was inserted to clarify that the inclusion of
the Task Force under Subtitle C of the Solid Waste Disposal
Act, which deals with hazardous waste, is not intended to imply
that anything the Task Force considers should be considered a
hazardous waste. The Solid Waste Disposal Act and its
implementing regulations already contain the structure for
determining when waste materials are hazardous, and nothing in
the Mercury Reduction Act changes those provisions.
Finally, the bill authorizes $19 million for grants to
States and other eligible entities for the collection and
exchange of mercury fever thermometers and $1 million for EPA's
safe management and storage of mercury.
Legislative History
On February 15, 2001, Senator Collins and Senator Kerry
introduced S. 351. Senators Chafee, Dorgan, Feinstein,
Hutchinson, Jeffords, Leahy, Lieberman, Reed, Snowe, Voinovich
and Wyden are cosponsors. No hearings were held on this bill.
At a business meeting on May 6, 2002, the committee considered
S. 351 and accepted an amendment proposed by Senator Jeffords
in the nature of a substitute. By voice vote, S. 351 was
ordered to be reported as amended.
Regulatory Impact Statement
Section 11(b) of rule XXVI of the Standing Rules of the
Senate requires publication of the report of the committee's
estimate of the regulatory impact made by the bill as reported.
No regulatory impact is expected by the passage of S. 351. The
bill will not affect the personal privacy of others.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 351 would not
impose any Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 15, 2002.
Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 351, the Mercury
Reduction Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for Federal costs), who can be reached at 226-2860,
and Elyse Goldman (for State and local impact), who can be
reached at 225-3220, and Cecil McPherson (for private-sector
imipact), who can be reached at 226-2940.
Sincerely,
Dan L. Crippen.
----------
S. 351, Mercury Reduction Act of 2002 as ordered reported by the Senate
Committee on Environment and Public Works on June 27, 2002
Summary
Enacting S. 351 would impose a ban on the sale of mercury
fever thermometers, except by prescription. This bill would
authorize the Environmental Protection Agency (EPA) to provide
grants to States, municipalities, and nonprofit organizations
for implementation of a national program to help consumers
exchange their mercury thermometers for thermometers that do
not contain mercury. In addition, S. 351 would create an
interagency task force (to be chaired by the Administrator of
EPA) that would consult with States, industry representatives,
and health, environmental, and consumer organizations to
develop recommendations for reducing the long-term threat of
mercury to humans and the environment. EPA also would be
responsible for disposing of the mercury waste collected under
the thermometer exchange program and for conducting research
and development on permanent methods for disposing of mercury.
The bill would authorize the appropriation of $19 million
for the grant program, $1 million per year for safe management
and disposal of the mercury collected, and $1 million for
administrative support for the interagency task force. Assuming
appropriation of the specified amounts, CBO estimates that
implementing this legislation would cost $25 million over the
2003-2007 period. The bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 351 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the cost of complying with the mandate would not be significant
and would not exceed the threshold established in that act ($58
million in 2002, adjusted annually for inflation).
S. 351 also contains private-sector mandates, as defined in
UMRA, on the sellers and suppliers of mercury fever
thermometers. CBO estimates that the direct cost of those
mandates would fall below the annual threshold established by
UMRA ($115 million in 2002, adjusted annually for inflation).
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 351 is shown in the
following table. CBO estimates that implementing the bill would
cost $25 million over the 2003-2007 period, assuming
appropriation of the authorized amounts. This estimate is based
on historical spending patterns for similar activities. The
costs of this legislation fall within budget function 300
(natural resources and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2003 2004 2005 2006 2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Thermometer Exchange Program:
Estimated Authorization 19 0 0 0 0
Level......................
Estimated Outlays........... 10 6 3 0 0
Safe Management and Disposal of
Mercury:
Authorization Level......... 1 1 1 1 1
Estimated Outlays........... 1 1 1 1 1
Interagency Task Force:
Authorization Level......... 1 0 0 0 0
Estimated Outlays........... 1 0 0 0 0
Total Proposed Changes..........
Estimated Authorization 21 1 1 1 1
Level......................
Estimated Outlays........... 12 7 4 1 1
------------------------------------------------------------------------
Pay-As-You-Go Considerations: None.
Estimated Impact on State, Local, and Tribal Governments
S. 351 would prohibit the sale of mercury thermometers
without a prescription. Since public hospitals own their own
pharmacies, this prohibition would constitute an
intergovernmental mandate as defined in UMRA. Based on
information from the Public Hospital Pharmacy Coalition, CBO
estimates that the cost of complying with the mandate would not
be significant and would not exceed the threshold established
in that act ($58 million in 2002, adjusted annually for
inflation). The remaining provisions of the bill contain no
mandates and would impose no costs on State, local, or tribal
governments.
Estimated Impact on the Private Sector
S. 351 contains two private-sector mandates as defined by
UMRA. The bill would prohibit the sale or supply of mercury
fever thermometers, except by prescription. Second, for each
mercury thermometer sold or supplied by prescription, the
manufacturer of the thermometer would be required to provide
clear instructions on the careful handling of the thermometer
to avoid breakage and on proper cleanup of the thermometer and
its contents in the event of breakage.
Over the past decade, the numbers of mercury fever
thermometers sold and supplied has declined because of the
environmental and health risks of mercury. The industry,
hospitals, and most large retail stores have generally shifted
away from the production, use, and sale of mercury fever
thermometers. Currently, eight States and 15 municipalities
have enacted bans on mercury thermometers, and over 10 national
retail chains have voluntarily committed to sell only mercury-
free thermometers.
Given the current trend in the industry and State,
hospital, and retail bans of mercury fever thermometers, the
bill would affect only a small number of manufacturers,
sellers, and suppliers. Lost income due to a loss in sales
would not be significant. In addition, the cost for a
manufacturer to provide an insert with clear instructions on
handling and cleanup would be small. Thus, CBO estimates that
the direct cost of the private-sector mandates in the bill
would be below the annual threshold established by UMRA ($115
million in 2002, adjusted annually for inflation).
Estimate Prepared By: Federal Costs: Susanne S. Mehlman; Impact
on State, Local, and Tribal Governments: Elyse Goldman; Impact
on the Private Sector: Cecil McPherson.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
SOLID WASTE DISPOSAL ACT 1
[As Amended Through P.L. 106-580, Dec. 29, 2000]
TITLE II--SOLID WASTE DISPOSAL
Subtitle A--General Provisions
short title and table of contents
Sec. 1001. This title (hereinafter in this title referred
to as ``this Act''), together with the following table of
contents, may be cited as the ``Solid Waste Disposal Act'':
---------------------------------------------------------------------------
1 The Solid Waste Disposal Act (42 U.S.C. 6901-6992k)
consists of title II of Public Law 89-272 and the amendments made by
subsequent enactments. This Act is popularly referred to as the
Resource Conservation and Recovery Act, after the short title of the
law that amended the Solid Waste Disposal Act in its entirety in 1976
(P.L. 94-580).
* * * * * * *
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Subtitle A--General Provisions
Sec. 1001. Short title and table of contents.
* * * * * * *
Sec. 3024. Mercury.
* * * * * * *
Subtitle C--Hazardous Waste Management
identification and listing of hazardous waste
SEC. 3001. (A) * * *
* * * * * * *
SEC. 3024. MERCURY.
(a) Prohibition on Sale of Mercury Fever Thermometers
Except by Prescription.--Effective beginning 180 days after the
date of enactment of this section--
(1) a person shall not sell or supply mercury fever
thermometers to consumers, except by prescription; and
(2) with each mercury fever thermometer sold or
supplied by prescription, the manufacturer of the
thermometer shall provide clear instructions on--
(A) careful handling of the thermometer to
avoid breakage; and
(B) proper cleanup of the thermometer and
its contents in the event of breakage.
(b) Thermometer Exchange Program.--The Administrator shall
make grants to States, municipalities, nonprofit organizations,
or other suitable entities for implementation of a national
program for the collection of mercury fever thermometers from
households and their exchange for thermometers that do not
contain mercury.
(c) Management of Collected Mercury.--
(1) Task force.--
(A) Establishment.--There is established an
advisory committee to be known as the `Task
Force on Mercury' (referred to in this section
as the `Task Force').
(B) Membership.--The Task Force shall be
composed of 5 members, of whom--
(i) 1 member shall be the
Administrator, who shall serve as
Chairperson of the Task Force;
(ii) 1 member shall be the
Secretary of State;
(iii) 1 member shall be the
Secretary of Defense;
(iv) 1 member shall be the
Secretary of Energy; and
(v) 1 member shall be the Director
of the National Institute of
Environmental Health Sciences of the
Department of Health and Human
Services.
(C) Date of appointments.--The appointment
of a member of the Task Force shall be made not
later than 30 days after the date of enactment
of this section.
(D) Term; vacancies.--
(i) Term.--A member shall be
appointed for the life of the Task
Force.
(ii) Vacancies.--A vacancy on the
Task Force--
(I) shall not affect the
powers of the Task Force; and
(II) shall be filled in the
same manner as the original
appointment was made.
(E) Meetings.--
(i) Initial meeting.--Not later
than 30 days after the date on which
all members of the Task Force have been
appointed, the Task Force shall hold
the initial meeting of the Task Force.
(ii) Calling of meetings.--The Task
Force shall meet at the call of the
Chairperson.
(iii) Quorum.--A majority of the
members of the Task Force shall
constitute a quorum, but a lesser
number of members may hold hearings.
(F) Duties.--
(i) In general.--Not later than 1
year after the date of the initial
meeting of the Task Force, the Task
Force shall submit to Congress a report
containing recommendations and
suggested actions concerning--
(I) the long-term
management of surplus mercury
collected from--
(aa) mercury fever
thermometers;
(bb) other medical
and commercial sources;
(cc) government
sources, including
mercury stored by the
Department of Defense
and the Department of
Energy; and
(dd) industrial or
other sources in the
United States;
(II) programs to test the
long-term durability of
promising technologies for
sequestration of mercury;
(III) storage of mercury
collected or sequestered under
subclause (I) or (II), in a
manner that ensures that there
is no release of the mercury
into the environment;
(IV) reduction of the total
threat posed by mercury to
humans and the environment; and
(V) reduction of the total
quantity of mercury produced,
used, and released on a global
basis, including whether and
how--
(aa) the quantity
of virgin mercury mined
from the ground and
placed in circulation
each year can be
reduced through
bilateral or
international
agreements or other
means;
(bb) the quantity
of mercury used in
products, mining, and
manufacturing can be
reduced through
substitution of
mercury-free
alternatives that are
safer, available, and
affordable; and
(cc) essential
mercury needs can be
met through use of
stockpiles in existence
on the date of
enactment of this
section rather than
through use of virgin
mercury.
(ii) Consultation.--In carrying out
this subparagraph, the Task Force shall
consult with States, industries, and
health, environmental, and consumer
organizations.
(G) Hearings.--The Task Force may hold such
hearings, sit and act at such times and places,
take such testimony, and receive such evidence
as the Task Force considers advisable to carry
out this section.
(H) Information from federal agencies.--
(i) In general.--The Task Force may
secure directly from a Federal agency
such information as the Task Force
considers necessary to carry out this
section.
(ii) Provision of information.--On
request of the Chairperson of the Task
Force, the head of the agency shall
provide the information to the Task
Force.
(I) Postal services.--The Task Force may
use the United States mails in the same manner
and under the same conditions as other agencies
of the Federal Government.
(J) Gifts.--The Task Force may accept, use,
and dispose of gifts or donations of services
or property.
(K) Compensation of members; travel
expenses.--
(i) Federal employees.--A member of
the Task Force who is an officer or
employee of the Federal Government
shall serve without compensation in
addition to the compensation received
for the services of the member as an
officer or employee of the Federal
Government.
(ii) Travel expenses.--A member of
the Task Force shall be allowed travel
expenses, including per diem in lieu of
subsistence, at rates authorized for an
employee of an agency under subchapter
I of chapter 57 of title 5, United
States Code, while away from the home
or regular place of business of the
member in the performance of the duties
of the Task Force.
(L) Staff and funding.--
(i) Determination.--The Chairperson
of the Task Force shall determine the
level of staff and funding that are
adequate to carry out the activities of
the Task Force.
(ii) Source.--The staff and funding
shall be provided by and drawn equally
from the resources of--
(I) the Department of
Energy;
(II) the Department of
Defense; and
(III) the Environmental
Protection Agency.
(iii) Appointment of staff.--The
Chairperson may, without regard to the
civil service laws (including
regulations), appoint and terminate
such staff as are necessary to enable
the Task Force to perform the duties of
the Task Force.
(iv) Compensation.--
(I) In general.--Except as
provided in subclause (II), the
Chairperson may fix the
compensation of the staff of
the Task Force that are not
officers or employees of the
Federal Government without
regard to the provisions of
chapter 51 and subchapter III
of chapter 53 of title 5,
United States Code, relating to
classification of positions and
General Schedule pay rates.
(II) Maximum rate of pay.--
The rate of pay for the staff
shall not exceed the rate
payable for level V of the
Executive Schedule under
section 5316 of title 5, United
States Code.
(v) Detail of federal government
employees.--
(I) In general.--An
employee of the Federal
Government may be detailed to
the Task Force without
reimbursement.
(II) Civil service
status.--The detail of the
employee shall be without
interruption or loss of civil
service status or privilege.
(vi) Procurement of temporary and
intermittent services.--The Chairperson
of the Task Force may procure for the
purposes of the Task Force temporary
and intermittent services in accordance
with section 3109(b) of title 5, United
States Code, at rates for individuals
that do not exceed the daily equivalent
of the annual rate of basic pay
prescribed for level V of the Executive
Schedule under section 5316 of that
title.
(M) Termination of task force.--The Task
Force shall terminate on the date that is 90
days after the date on which the Task Force
submits the report required under subparagraph
(F)(i).
(N) No effect on other law.--Nothing in
this paragraph affects the regulation of
mercury under--
(i) any other provision of this
subtitle; or
(ii) any other law.
(2) Responsibility of the administrator for safe
management and storage of mercury.--In consultation
with the Task Force, the Administrator shall--
(A)(i) purchase or otherwise take title to
the mercury collected under the thermometer
exchange program established under subsection
(b), or collected from any other source;
(ii) manage (or designate a contractor to
manage) the mercury collected in a manner that
ensures that the mercury collected is not
released into the environment;
(iii) ensure, to the maximum extent
practicable, that the mercury collected under
the thermometer exchange program established
under subsection (b), or an equivalent quantity
of mercury, is not reintroduced into commerce;
and
(iv) provide to the Task Force, for
inclusion in the report of the Task Force under
paragraph (1)(F)(i), an analysis of, and
recommendations relating to, the mercury
collection and management activities carried
out under this section; and
(B)(i) identify potential mercury
stabilization technologies and long-term
storage measures that ensure minimal release of
mercury into the environment; and
(ii) conduct such research, development,
and demonstration of the technologies and
measures as the Administrator determines to be
appropriate.
(d) Relation to Other Law.--Nothing in this section--
(1) precludes any State from imposing any
additional requirement; or
(2) diminishes any obligation, liability, or other
responsibility under other Federal law.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section (other than
subsection (c)(2)(A)) $20,000,000, of which--
(A) not more than 2.5 percent shall be used
to carry out the activities of the Task Force;
and
(B) not more than 2.5 percent shall be used
to carry out subsection (c)(2)(B).
(2) Safe management and storage.--In addition to
the amount authorized to be appropriated under
paragraph (1), there is authorized to be appropriated
to carry out subsection (c)(2)(A) $1,000,000 for each
fiscal year.
* * * * * * *
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