To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Pollution Reduction Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury and mercury compounds are highly toxic to 
        humans, ecosystems, and wildlife;
            (2) as many as 10 percent of women in the United States of 
        childbearing age have mercury in their bloodstreams at a level 
        that could pose risks to their unborn babies, and hundreds of 
        thousands of children born annually in the United States are at 
        risk of neurological problems relating to mercury exposure in 
        utero;
            (3) the most significant source of mercury exposure to 
        people in the United States is ingestion of mercury-
        contaminated fish;
            (4) the long-term solution to mercury pollution is to 
        minimize global mercury use and releases of mercury to 
        eventually achieve reduced contamination levels in the 
        environment, rather than reducing fish consumption, since 
        uncontaminated fish represents a critical and healthy source of 
        nutrition for people worldwide;
            (5) mercury pollution is a transboundary pollutant that--
                    (A) is deposited locally, regionally, and globally; 
                and
                    (B) affects bodies of water near industrial areas, 
                such as the Great Lakes, as well as bodies of water in 
                remote areas, such as the Arctic Circle;
            (6) of the approximately 30 plants in the United States 
        that produce chlorine, only 7 use the obsolete ``mercury cell'' 
        chlor-alkali process, and 4 have not yet committed to phasing 
        out mercury use;
            (7)(A) less than 5 percent of the total quantity of 
        chlorine and caustic soda produced in the United States comes 
        from the chlor-alkali plants described in paragraph (6) that 
        use the mercury cell chlor-alkali process;
            (B) cost-effective alternatives are available and in use in 
        the remaining 95 percent of chlorine and caustic soda 
        production; and
            (C) other countries, including Japan, have already banned 
        the mercury cell chlor-alkali process;
            (8) the chlor-alkali industry acknowledges that--
                    (A) mercury can contaminate products manufactured 
                at mercury cell facilities; and
                    (B) the use of some of those products results in 
                the direct and indirect release of mercury;
            (9) despite those quantities of mercury known to have been 
        used or to be in use, neither the chlor-alkali industry nor the 
        Environmental Protection Agency is able--
                    (A) to adequately account for the disposition of 
                the mercury used at those facilities; or
                    (B) to accurately estimate current mercury 
                emissions; and
            (10) it is critically important that the United States work 
        aggressively toward the minimization of supply, demand, and 
        releases of mercury, both domestically and internationally.

SEC. 3. STATEMENT OF POLICY.

    Congress declares that the United States should develop policies 
and programs that will--
            (1) reduce mercury use and emissions within the United 
        States;
            (2) reduce mercury releases from the reservoir of mercury 
        currently in use or circulation within the United States; and
            (3) reduce exposures to mercury, particularly exposures of 
        women of childbearing age and young children.

SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

    (a) In General.--Title I of the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) is amended by inserting after section 6 the 
following:

``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

    ``(a) Definition of Chlor-alkali Facility.--In this section, the 
term `chlor-alkali facility' means a facility used for the manufacture 
of chlorine or caustic soda using a mercury cell process.
    ``(b) Prohibition.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, it shall be unlawful to manufacture chlorine or 
        caustic soda using mercury cells at any facility in the United 
        States.
            ``(2) Notice.--The owner or operator of any existing chlor-
        alkali facility shall notify the Administrator no later than 
        June 30, 2012, whether it will--
                    ``(A) replace its chlor-alkali facility with a new 
                manufacturing facility that does not use mercury; or
                    ``(B) cease operations.
            ``(3) Closure.--A chlor-alkali facility for which a closure 
        notice is filed under paragraph (2)(B) shall cease 
        manufacturing chlorine or caustic soda using mercury cells no 
        later than June 30, 2013.
            ``(4) Replacement.--A chlor-alkali facility for which a 
        replacement notice is filed under paragraph (2)(A) may continue 
        to manufacture chlorine or caustic soda using mercury cells 
        until all of the permitting, financing, engineering, and 
        construction of a non-mercury replacement facility is complete, 
        or June 30, 2015, whichever is earlier.
    ``(c) Export Ban.--Effective on the date of the enactment of this 
section, the export of any elemental mercury or the sale of elemental 
mercury for purposes of export, including compounds and mixtures 
containing elemental mercury, by the owner or operator of a chlor-
alkali facility is prohibited.
    ``(d) Savings Provision.--Nothing in this section affects the 
ability of the owner or operator of any chlor-alkali facility to store 
elemental mercury in accordance with section 5(g)(2) of the Mercury 
Export Ban Act of 2008 (42 U.S.C. 6939f).''.
    (b) Conforming Amendments.--(1) The table of contents of the Toxic 
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting 
after the item relating to section 6 the following:

``Sec. 6A. Use of mercury in chlorine and caustic soda 
                            manufacturing.''.
    (2) Paragraphs (1) and (2) of section 15 of such Act are each 
amended by striking ``or 6'' and inserting ``, 6 or 6A''.
                                                 

Summary: Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions. (2) mercury releases from the reservoir of mercury currently in use or circulation. And (3) exposures to mercury, particularly of women of childbearing age and young children. Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States. And (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility. Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier. Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008.