September 29, 2009

The Honorable Henry Waxman, Chairman

U.S. House of Representatives

Committee on Energy and Commerce

Washington, DC 20515

The Honorable Joe Barton, Ranking Member

U.S. House of Representatives

Committee on Energy and Commerce

Washington, DC 20515

The Honorable Bobby L. Rush, Chairman

U.S. House of Representatives

Subcommittee on Commerce, Trade 

 and Consumer Protection

Washington, DC 20515

The Honorable George Radanovich, Ranking

Member

U.S. House of Representatives

Subcommittee on Commerce, Trade 

 and Consumer Protection

Washington, DC 20515

Dear Chairmen and Ranking Members:

We are writing to express our opposition to H.R. 2190, a bill introduced by Rep. Jan Schakowsky (D-IL), 

which we understand will be marked up by the House Energy and Commerce Committee tomorrow,

Wednesday, September 30, 2009. H.R. 2190 will require any chlor alkali plant using mercury cell 

technology to cease production and shut down within two years of the bill’s passage into law. This 

legislation would result in the closure of four chlor alkali plants in Georgia, Ohio, West Virginia, and 

Tennessee. If passed as written, H.R. 2190 will force potentially more than 1,000 manufacturing 

workers out of a job, costing the communities in which these plants operate millions of dollars in annual 

economic impact.

The industry is willing to commit to transitioning to non-mercury technology. However, two years is 

simply not enough time. Given the current nation-wide financial crisis, now is not the time to enact 

policies that will put hard-working Americans with good jobs and good futures out of work. The current 

two-year mandate specified in H.R. 2190 will have a devastating impact on our already fragile economy 

at a time when unemployment numbers have reached record highs and continue to climb.

According to a recent report from the Bureau of Labor Statistics, the unemployment rate in our 

country’s manufacturing sector more than doubled from 5.7 percent in August 2008 to 11.8 percent in 

August 2009. To put that in perspective, the number of unemployed manufacturing workers rose from 
September 29, 2009

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960,000 to more than 1.86 million. These key indicators suggest that the road to recovery for these 1.86 

million families in financial distress is a long way off.

The companies we represent have a substantial, positive impact on each of the communities we touch. 

In addition to the more than 1,000 manufacturing workers we support and the families that depend on 

them, we contribute millions of dollars in economic impact, supplying high-quality products that help 

keep other companies and their employees in business. Equally important, we consistently operate in 

compliance with all state and federal regulations designed to protect public health and the environment. 

Thanks to advanced technologies and sensible policies, the chlor alkali industry has reduced its use of 

mercury by over 97% in the last 10 years and mercury emissions more than 75% since 2003.

While building on these environmental achievements is important, Congress shouldn’t lose sight of 

protecting the good American jobs we currently have. On behalf of the more than 1,000 manufacturing 

workers we represent, their families, and the communities in which we operate, we urge you to oppose 

H.R. 2190 as currently written. Two years is simply not enough time. In fact, any timeline that requires 

conversion to a non-mercury technology before December 31, 2018 will result in the loss of hundreds of 

quality jobs.

Thank you for your consideration. We will be happy to visit with you further about our concerns as the 

House Energy and Commerce Committee considers this important issue.

Regards,

Bradley J. Westfall

President

ASHTA Chemicals

John McIntosh

President, Olin Chlor Alkali Products

& Vice President, Olin Corporation

Michael H. McGarry

Senior Vice President, Commodity Chemicals

PPG Industries, Inc.

cc: House Energy and Commerce Committee Members