II 

112TH CONGRESS 

2D SESSION S. 3697 

To amend the Toxic Substances Control Act relating to certain mercury 

compounds, products, and processes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2012 

Mr. WHITEHOUSE (for himself, Mr. KERRY, Mr. LAUTENBERG, Mr. LEAHY, 

and Mr. MERKLEY) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Toxic Substances Control Act relating to 

certain mercury compounds, products, and processes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mercury Use Reduc5 tion Act of 2012’’. 

6 SEC. 2. REGULATION OF MERCURY. 

7 Section 6(f) of the Toxic Substances Control Act (15 

8 U.S.C. 2605(f)) is amended— 

9 (1) by redesignating paragraphs (1) through 

10 (3) as paragraphs (2) through (4), respectively; 


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1 (2) by inserting before paragraph (2) (as redes2 ignated by paragraph (1)) the following: 

3 ‘‘(1) DEFINITION OF MERCURY.—In this sub4 section, notwithstanding section 3(2)(B), the term 

5 ‘mercury’ means— 

6 ‘‘(A) elemental mercury; 

7 ‘‘(B) a mercury compound; and 

8 ‘‘(C) a mixture that contains elemental 

9 mercury or a mercury compound that is mixed 

10 with any other material.’’; 

11 (3) in paragraph (2) (as so redesignated), by 

12 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

13 (3)’’; 

14 (4) in paragraph (3) (as so redesignated), by 

15 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraph 

16 (2)’’; and 

17 (5) by adding at the end the following 

18 ‘‘(5) PROHIBITION ON PRIMARY MERCURY MIN19 ING.— 

20 ‘‘(A) PROHIBITION ON PRODUCTION.— 

21 Notwithstanding any other provision of law and 

22 subject to subparagraph (B), effective begin23 ning January 1, 2014, the production of mer24 cury from the extraction, beneficiation, and 


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1 processing of mercury-containing ores and min2 erals is prohibited. 

3 ‘‘(B) INCIDENTAL MERCURY MINING.— 

4 Nothing in this subsection prohibits the produc5 tion of mercury from mining of other ores if the 

6 mercury is produced incidentally from the 

7 beneficiation or processing of that ore or related 

8 pollution control activities. 

9 ‘‘(6) PROHIBITION ON PRODUCTION OF VINYL

10 CHLORIDE MONOMER USING MERCURY.—Effective 

11 beginning January 1, 2014, the production of vinyl 

12 chloride monomer using a mercury-added feedstock 

13 or catalyst is prohibited. 

14 ‘‘(7) PROHIBITION ON MERCURY-ADDED BAT15 TERIES.— 

16 ‘‘(A) DEFINITION OF MERCURY-ADDED

17 BATTERY.—In this paragraph, the term ‘mer18 cury-added battery’ means a battery that con19 tains mercury that is intentionally introduced to 

20 the battery in the production process, as distin21 guished from a battery that contains mercury 

22 that may be incidentally present in other mate23 rials used to produce the battery. 

24 ‘‘(B) PROHIBITION ON MERCURY-ADDED

25 BATTERIES.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of law and effective be3 ginning January 1, 2015, the manufac4 turing, processing, or distribution in com5 merce of a mercury-added battery, individ6 ually or as a component of a product, is 

7 prohibited. 

8 ‘‘(ii) EXEMPTION.—Clause (i) does 

9 not apply to a battery manufactured before 

10 January 1, 2015. 

11 ‘‘(C) REPEAL.—Effective beginning Janu12 ary 1, 2015, title II of the Mercury-Containing 

13 and Rechargeable Battery Management Act (42 

14 U.S.C. 14331 et seq.) is repealed. 

15 ‘‘(8) PROHIBITION ON CERTAIN MERCURY16 ADDED MEASURING DEVICES.— 

17 ‘‘(A) PROHIBITION ON MEASURING DE18 VICES.—Notwithstanding any other provision of 

19 law and subject to subparagraph (B), effective 

20 beginning January 1, 2014, the manufacturing, 

21 processing, or distribution in commerce of any 

22 of the following mercury-added measuring de23 vices is prohibited: 

24 ‘‘(i) Fever thermometer. 

25 ‘‘(ii) Nonfever thermometer. 


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1 ‘‘(iii) Barometer. 

2 ‘‘(iv) Esophageal dilator, bougie tube, 

3 or gastrointestinal tube. 

4 ‘‘(v) Flow meter or regulator. 

5 ‘‘(vi) Hydrometer. 

6 ‘‘(vii) Hygrometer or psychrometer. 

7 ‘‘(viii) Manometer. 

8 ‘‘(ix) Pyrometer. 

9 ‘‘(x) Sphygmomanometer. 

10 ‘‘(B) EXEMPTIONS.— 

11 ‘‘(i) BUTTON CELL BATTERIES.—The 

12 prohibition under subparagraph (A) shall 

13 not apply to a mercury-added measuring 

14 device listed under that subparagraph if 

15 the only mercury-added component of the 

16 device is a button cell battery. 

17 ‘‘(ii) MEDICAL USE EXEMPTION.—The 

18 Administrator shall authorize the produc19 tion and distribution in commerce of lim20 ited quantities of a mercury-added medical 

21 measuring device, if the Administrator de22 termines that— 

23 ‘‘(I) in consultation with the 

24 Commissioner of the Food and Drug 

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1 cury-added medical measuring device 

2 is necessary in medical contexts; 

3 ‘‘(II) no safe and effective alter4 native to the use of mercury in the 

5 mercury-added medical measuring de6 vice is available; and 

7 ‘‘(III) the mercury-added medical 

8 measuring device has, after notice and 

9 opportunity for comment, been ap10 proved for use by the Commissioner of 

11 the Food and Drug Administration. 

12 ‘‘(iii) EFFECT ON OTHER FEDERAL

13 LAW.—The prohibition under subpara14 graph (A) shall not apply if the use of 

15 mercury in a specific mercury-added meas16 uring device is required by other Federal 

17 law (including regulations). 

18 ‘‘(9) PROHIBITION ON MERCURY-ADDED PES19 TICIDES.— 

20 ‘‘(A) DEFINITION OF MERCURY-ADDED

21 PESTICIDE.—In this paragraph, the term ‘mer22 cury-added pesticide’ means a pesticide (as that 

23 term is defined in section 2 of the Federal In24 secticide, Fungicide, and Rodenticide Act (7 

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1 tional addition of mercury in the manufacturing 

2 process. 

3 ‘‘(B) PROHIBITION.—Notwithstanding any 

4 other provision of law and effective beginning 

5 January 1, 2014, the manufacturing, proc6 essing, or distribution in commerce of a mer7 cury-added pesticide is prohibited. 

8 ‘‘(10) PROHIBITION ON MERCURY-ADDED RE9 LAYS, SWITCHES, AND THERMOSTATS.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) MERCURY-ADDED RELAY.— 

12 ‘‘(I) IN GENERAL.—The term 

13 ‘mercury-added relay’ means a prod14 uct or device that— 

15 ‘‘(aa) opens or closes elec16 trical contacts to effect the oper17 ation of other devices in the same 

18 or another electrical circuit; and 

19 ‘‘(bb) is produced by the in20 tentional addition of mercury in 

21 the manufacturing process of 

22 that product or device. 

23 ‘‘(II) INCLUSIONS.—The term 

24 ‘mercury-added relay’ includes a mer25 cury displacement relay, a mercury 


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1 wetted reed relay, and a mercury con2 tact relay. 

3 ‘‘(ii) MERCURY-ADDED SWITCH.— 

4 ‘‘(I) IN GENERAL.—The term 

5 ‘mercury-added switch’ means a prod6 uct or device that— 

7 ‘‘(aa) is used for measuring, 

8 controlling, or regulating the flow 

9 of gas, other fluids, or electricity; 

10 and 

11 ‘‘(bb) is produced by the in12 tentional addition of mercury in 

13 the manufacturing process of 

14 that product or device. 

15 ‘‘(II) INCLUSIONS.—The term 

16 ‘mercury-added switch’ includes— 

17 ‘‘(aa) a mercury float switch 

18 actuated by rising or falling liq19 uid levels; 

20 ‘‘(bb) a mercury tilt switch 

21 actuated by a change in the 

22 switch position; 

23 ‘‘(cc) a mercury pressure 

24 switch actuated by a change in 

25 pressure; 


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1 ‘‘(dd) a mercury tempera2 ture switch activated by a change 

3 in temperature; 

4 ‘‘(ee) a mercury flame sen5 sor; 

6 ‘‘(ff) a mercury connector 

7 that makes, breaks, or changes 

8 the connection in an electrical 

9 circuit; and 

10 ‘‘(gg) a thermostat that is 

11 used to sense and control tem12 perature as part of a manufac13 turing process. 

14 ‘‘(III) EXCLUSIONS.—The term 

15 ‘mercury-added switch’ does not in16 clude a mercury-added thermostat, as 

17 that term is defined in clause (iii). 

18 ‘‘(iii) MERCURY-ADDED THERMO19 STAT.— 

20 ‘‘(I) IN GENERAL.—The term 

21 ‘mercury-added thermostat’ means a 

22 product or device that uses a mercury23 added switch to sense and control 

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1 nication with heating, ventilating, or 

2 air-conditioning equipment. 

3 ‘‘(II) INCLUSIONS.—The term 

4 ‘mercury-added thermostat’ includes a 

5 thermostat that is used to sense and 

6 control room temperature in residen7 tial, commercial, industrial, and other 

8 buildings. 

9 ‘‘(III) EXCLUSIONS.—The term 

10 ‘mercury-added thermostat’ does not 

11 include a thermostat that is used to 

12 sense and control temperature as part 

13 of a manufacturing process. 

14 ‘‘(B) PROHIBITION.— 

15 ‘‘(i) MERCURY-ADDED THERMO16 STATS.—Effective beginning January 1, 

17 2014, the manufacturing, processing, or 

18 distribution in commerce of a mercury19 added thermostat is prohibited. 

20 ‘‘(ii) MERCURY-ADDED RELAY; MER21 CURY-ADDED SWITCH.— 

22 ‘‘(I) IN GENERAL.—Effective be23 ginning January 1, 2014, and subject 

24 to subclause (II), the manufacturing, 

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1 merce (individually or as a product 

2 component) of a mercury-added relay 

3 or mercury-added switch is prohibited. 

4 ‘‘(II) EXEMPTIONS.— 

5 ‘‘(aa) IN GENERAL.—The 

6 prohibition under subclause (I) 

7 does not apply to a mercury8 added relay or mercury-added 

9 switch if— 

10 ‘‘(AA) the relay or 

11 switch replaces a relay or 

12 switch that is a component 

13 of a larger product that is 

14 used in manufacturing and 

15 is in use prior to January 1, 

16 2014; 

17 ‘‘(BB) the relay or 

18 switch replaces a relay or 

19 switch that is integrated in, 

20 and not physically separate 

21 from, other components of a 

22 larger product in use prior 

23 to January 1, 2014; 

24 ‘‘(CC) the use of mer25 cury in a specific relay or 


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1 switch is required by other 

2 Federal law (including regu3 lations); or 

4 ‘‘(DD) the relay or 

5 switch is a component of a 

6 larger product that is manu7 factured and in use prior to 

8 January 1, 2014, and sold 

9 after January 1, 2014, by 

10 the original or subsequent 

11 user of the larger product. 

12 ‘‘(bb) REFURBISHED PROD13 UCTS.— 

14 ‘‘(AA) IN GENERAL.— 

15 Subject to subitem (BB), 

16 the prohibition under sub17 clause (I) shall not apply to 

18 the distribution in commerce 

19 of a refurbished product 

20 manufactured before Janu21 ary 1, 2014, if the mercury22 added relay or mercury23 added switch is integrated 

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1 rate from, other components 

2 of a larger product. 

3 ‘‘(BB) RESTRICTION.— 

4 The exemption under this 

5 item shall apply only if the 

6 manufacturer of the mer7 cury-added relay or mer8 cury-added switch maintains 

9 records, individually or in 

10 conjunction with an industry 

11 or trade group, that would 

12 demonstrate to the Adminis13 trator, if the records were 

14 inspected or reported under 

15 subitem (CC), that the man16 ufacturer has developed and 

17 implemented a system for 

18 the proper collection, trans19 portation, and management 

20 of the larger product at the 

21 end of the useful life of the 

22 larger product that is pro23 tective of human health and 

24 the environment and main25 tains records that show that 


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1 the manufacturer has pro2 vided purchasers with suffi3 cient information to ensure 

4 that users of the larger 

5 product are aware that the 

6 larger product contains a 

7 mercury-added relay or mer8 cury-added switch and that 

9 users may access the manu10 facturer-developed collection 

11 program. 

12 ‘‘(CC) ACCESS TO

13 RECORDS.—On the request 

14 of any duly authorized rep15 resentative of the Adminis16 trator, each person who is 

17 required to maintain records 

18 under this item shall submit 

19 to the representative copies 

20 of those records and permit 

21 the representative to inspect 

22 those records. 

23 ‘‘(DD) EXPIRATION.— 

24 The exemption under this 


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1 item shall expire on Decem2 ber 31, 2022. 

3 ‘‘(11) ESSENTIAL USE EXEMPTIONS.— 

4 ‘‘(A) IN GENERAL.—Any person may peti5 tion the Administrator for an exemption from a 

6 prohibition under paragraphs (7) through (10), 

7 and the Administrator may grant an exemption 

8 by rule, after notice and opportunity for com9 ment, for a mercury-added product if the Ad10 ministrator determines that— 

11 ‘‘(i) a safe and effective nonmercury 

12 alternative to the mercury-added product is 

13 unavailable; 

14 ‘‘(ii) a system exists in the United 

15 States for the proper collection, transpor16 tation, and management of the product at 

17 the end of the useful life of the product 

18 that is protective of human health and the 

19 environment; and 

20 ‘‘(iii) appropriate and substantial ef21 forts are ongoing to develop and produce a 

22 nonmercury alternative to the mercury23 added product in a timely manner. 

24 ‘‘(B) TERMS.— 


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1 ‘‘(i) IN GENERAL.—An exemption 

2 granted by the Administrator under this 

3 paragraph shall contain such terms and 

4 conditions as the Administrator may pre5 scribe, but shall, at a minimum, include 

6 such terms and conditions as the Adminis7 trator determines necessary— 

8 ‘‘(I) to minimize the manufacture 

9 and distribution in commerce of re10 stricted mercury-added products; and 

11 ‘‘(II) to ensure that the condi12 tions for granting the exemption will 

13 be fully met. 

14 ‘‘(ii) DURATION.—An exemption 

15 under this paragraph shall not exceed 5 

16 years in duration. 

17 ‘‘(C) CONSULTATION.— 

18 ‘‘(i) IN GENERAL.—Prior to providing 

19 notice and opportunity for comment under 

20 subparagraph (A), the Administrator shall 

21 consult with relevant State agencies and 

22 organizations, including the Interstate 

23 Mercury Education and Reduction Clear24 inghouse. 


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1 ‘‘(ii) PROCESS.—If the Administrator 

2 proposes granting an exemption under this 

3 paragraph for a mercury-added product 

4 that has previously been denied an exemp5 tion under State law by 1 or more State 

6 agencies in States that have mercury prod7 uct bans for similar products, the Adminis8 trator shall include in the proposed exemp9 tion an explanation of the basis of the deci10 sion of the Administrator. 

11 ‘‘(12) REPORT ON USE OF MERCURY TO

12 PRODUCE POLYURETHANE PRODUCTS.— 

13 ‘‘(A) IN GENERAL.—Not later than Janu14 ary 1, 2015, the Administrator shall publish 

15 and submit to Congress a report on the use of 

16 mercury to produce polyurethane products. 

17 ‘‘(B) CONTENTS.—The report under sub18 paragraph (A) shall include an analysis of— 

19 ‘‘(i) the extent to which mercury is 

20 used to produce polyurethane products in 

21 the United States, including— 

22 ‘‘(I) the quantity of mercury 

23 used; 

24 ‘‘(II) the number of polyurethane 

25 manufacturing facilities; and 


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1 ‘‘(III) the quantity of poly2 urethane product that is manufac3 tured using mercury; 

4 ‘‘(ii) the types of polyurethane prod5 ucts, if any, that are manufactured using 

6 mercury; 

7 ‘‘(iii) the availability of nonmercury 

8 alternative products or processes for those 

9 polyurethane products that are manufac10 tured using mercury; 

11 ‘‘(iv) the relative proportion of poly12 urethane products that are manufactured 

13 using mercury in the domestic manufac14 turing sector; 

15 ‘‘(v) any ongoing efforts being made 

16 to terminate the use of mercury in the 

17 manufacture of polyurethane products; 

18 ‘‘(vi) any information available on the 

19 historic uses of mercury to produce poly20 urethane products in the United States, in21 cluding— 

22 ‘‘(I) the nature and extent of po23 tential risks to human health or the 

24 environment posed by the those poly25 urethane products that are still being 


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1 used and were produced using mer2 cury; and 

3 ‘‘(II) any mitigation measures 

4 that may be used to reduce the associ5 ated risk to, and protect, human 

6 health and the environment; and 

7 ‘‘(vii) other relevant information that 

8 the Administrator determines Congress 

9 should consider in determining whether— 

10 ‘‘(I) to prohibit the manufacture 

11 or distribution in commerce of poly12 urethane compounds using mercury; 

13 or 

14 ‘‘(II) further action is needed to 

15 address polyurethane products that 

16 are in use and were produced using 

17 mercury.’’. 

18 SEC. 3. MERCURY INVENTORY. 

19 Section 8(b) of the Toxic Substances Control Act (42 

20 U.S.C. 2607(b)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(3) MERCURY.— 

23 ‘‘(A) DEFINITION OF MERCURY.—In this 

24 subsection, the term ‘mercury’ has the meaning 

25 given the term in section 6(f)(1). 


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1 ‘‘(B) PUBLICATION.—Not later than April 

2 1, 2014, and every 3 years thereafter, the Ad3 ministrator shall publish in the Federal Reg4 ister an inventory of mercury supply, use, and 

5 trade in the United States. 

6 ‘‘(C) PROCESS.—In carrying out the inven7 tory under subparagraph (B), the Adminis8 trator shall— 

9 ‘‘(i) identify any remaining manufac10 turing processes or products that inten11 tionally add mercury; and 

12 ‘‘(ii) recommend actions, including 

13 proposed revisions of Federal law (includ14 ing regulations), to achieve further reduc15 tions in mercury use. 

16 ‘‘(D) REPORTING.— 

17 ‘‘(i) IN GENERAL.—To assist in the 

18 preparation of the inventory under sub19 paragraph (B), any person who manufac20 tures mercury or mercury-added products 

21 or otherwise intentionally uses mercury in 

22 a manufacturing process shall make peri23 odic reports to the Administrator, at such 

24 time and including such information as the 

25 Administrator shall determine by rule. 


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1 ‘‘(ii) COORDINATION.—To avoid dupli2 cation, the Administrator shall coordinate 

3 the reporting under this subparagraph 

4 with the Interstate Mercury Education and 

5 Reduction Clearinghouse. 

6 ‘‘(iii) EXEMPTION.—This subpara7 graph shall not apply to a person engaged 

8 in the generation, handling, or manage9 ment of mercury-containing waste, unless 

10 that person manufactures or recovers mer11 cury in the management of that waste.’’. 

12 SEC. 4. PROHIBITION ON EXPORT OF CERTAIN MERCURY 

13 COMPOUNDS AND PRODUCTS. 

14 (a) IN GENERAL.—Section 12(c) of the Toxic Sub15 stances Control Act (15 U.S.C. 2611(c)) is amended— 

16 (1) in the subsection heading, by inserting be17 fore the period at the end ‘‘AND MERCURY COM18 POUNDS’’; 

19 (2) by striking paragraph (3) and inserting the 

20 following: 

21 ‘‘(3) PROHIBITION ON EXPORT OF CERTAIN

22 MERCURY COMPOUNDS.— 

23 ‘‘(A) IN GENERAL.—Effective beginning 

24 January 1, 2014, the export of the following 

25 mercury compounds is prohibited: 


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1 ‘‘(i) Mercury (I) chloride or calomel. 

2 ‘‘(ii) Mercury (II) oxide. 

3 ‘‘(iii) Mercury (II) sulfate. 

4 ‘‘(iv) Mercury (II) nitrate. 

5 ‘‘(v) Cinnabar ore. 

6 ‘‘(vi) Any mercury compound that the 

7 Administrator, at the discretion of the Ad8 ministrator, adds to the list by rule, on de9 termining that exporting that mercury 

10 compound for the purpose of regenerating 

11 elemental mercury is technically feasible. 

12 ‘‘(B) PUBLICATION.—Not later than 90 

13 days after the date of enactment of the Mercury 

14 Use Reduction Act of 2012, and as appropriate 

15 thereafter, the Administrator shall publish in 

16 the Federal Register a list of the mercury com17 pounds that are prohibited from export under 

18 this paragraph. 

19 ‘‘(C) PETITION.—Any person may petition 

20 the Administrator to add to the list of mercury 

21 compounds prohibited from export.’’; 

22 (3) in paragraph (4)— 

23 (A) by striking ‘‘elemental mercury’’ each 

24 place it appears and inserting ‘‘mercury’’; and 


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1 (B) in subparagraph (A), by inserting ‘‘or 

2 paragraph (3)’’ after ‘‘paragraph (1)’’; 

3 (4) by redesignating paragraphs (5) and (6) as 

4 paragraphs (6) and (7), respectively; and 

5 (5) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(5) MERCURY-ADDED PRODUCTS.— 

8 ‘‘(A) IN GENERAL.—Effective beginning 

9 January 1, 2014, the export of a mercury10 added product described in paragraphs (8) 

11 through (11) of section 6(f) is prohibited. 

12 ‘‘(B) MERCURY-ADDED BATTERIES.—Ef13 fective beginning January 1, 2015, the export 

14 of mercury-added batteries described in section 

15 6(f)(7) is prohibited. 

16 ‘‘(C) EXEMPTION.— 

17 ‘‘(i) IN GENERAL.—Any person resid18 ing in the United States may petition the 

19 Administrator for an exemption from the 

20 prohibition under subparagraph (A) or 

21 (B), and the Administrator may, after no22 tice and opportunity for comment, grant 

23 an exemption by rule for the export of a 

24 mercury-added product to an identified 

25 country if the Administrator finds that— 


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1 ‘‘(I) a nonmercury alternative to 

2 the mercury-added product is not 

3 available in the identified country; 

4 ‘‘(II) the identified country cer5 tifies the support of that country for 

6 the exemption; 

7 ‘‘(III) a chain of custody for the 

8 exported product exists to ensure that 

9 the mercury-added product will be 

10 used only in the identified country; 

11 and 

12 ‘‘(IV) the export of the mercury13 added product is consistent with inter14 national obligations of the United 

15 States intended to reduce global mer16 cury supply, use, and pollution. 

17 ‘‘(ii) TERMS.— 

18 ‘‘(I) IN GENERAL.—An exemp19 tion granted by the Administrator 

20 under this paragraph shall contain 

21 such terms and conditions as the Ad22 ministrator may prescribe, but shall, 

23 at a minimum, include such terms 

24 and conditions as the Administrator 

25 determines necessary— 


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1 ‘‘(aa) to minimize the export 

2 of restricted mercury-added prod3 ucts; and 

4 ‘‘(bb) to ensure that the 

5 conditions for granting the ex6 emption will be fully met. 

7 ‘‘(II) DURATION.—An exemption 

8 under this paragraph shall not exceed 

9 3 years in duration. 

10 ‘‘(III) QUANTITY.—An exemption 

11 under this paragraph shall not exceed 

12 5 metric tons of the mercury-added 

13 product. 

14 ‘‘(iii) VIOLATIONS.—The Adminis15 trator may, by order, suspend or void an 

16 exemption under this paragraph in the 

17 event of a violation of this subsection.’’. 

18 (b) VIOLATIONS; PETITIONS.— 

19 (1) VIOLATIONS.—Section 15 of the Toxic Sub20 stances Control Act (15 U.S.C. 2614) is amended— 

21 (A) in paragraph (3), by striking ‘‘or’’ 

22 after the semicolon at the end; 

23 (B) in paragraph (4), by striking the pe24 riod at the end and inserting ‘‘; or’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(5) violate any provision of section 12(c), in2 cluding any rule issued under that section, the terms 

3 and conditions under section 12(c)(5)(C)(ii), or the 

4 submission of false information in connection with 

5 that section.’’. 

6 (2) PETITIONS.—Section 21 of the Toxic Sub7 stances Control Act (15 U.S.C. 2620) is amended— 

8 (A) in subsection (a), by inserting ‘‘or to 

9 add to or remove from the list of mercury com10 pounds prohibited from export under section 

11 12(c)(3)’’ before the period at the end; and 

12 (B) in subsection (b)— 

13 (i) in paragraph (1), by inserting ‘‘or 

14 to add to or remove from the list of mer15 cury compounds prohibited from export 

16 under section 12(c)(3)’’ before the period 

17 at the end; 

18 (ii) in paragraph (3), in the first sen19 tence, by striking ‘‘or 8’’ and inserting ‘‘8, 

20 or 12’’; and 

21 (iii) in paragraph (4)(B)— 

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1 port under section 12(c)(3)’’ after ‘‘or 

2 6(b)(2)’’; and 

3 (II) in clause (ii) of the second 

4 sentence— 

5 (aa) by inserting ‘‘or add to 

6 or remove from the list under 

7 section 12(c)(3)’’ after ‘‘section 

8 6(b)(2)’’; and 

9 (bb) by striking the period 

10 at the end of the clause and in11 serting a semicolon. 

12 SEC. 5. STATE PROGRAMS LIMITING MERCURY USE IN 

13 PRODUCTS. 

14 Section 18 of the Toxic Substances Control Act (15 

15 U.S.C. 2617) is amended by adding at the end the fol16 lowing: 

17 ‘‘(c) MERCURY.—Nothing in this Act prohibits or af18 fects the authority of a State or political subdivision to 

19 establish or continue in effect any requirements that are 

20 more restrictive than those established by paragraphs (5) 

21 through (11) of section 6(f).’’. 

22 SEC. 6. JUDICIAL REVIEW. 

23 Section 19 of the Toxic Substances Control Act (15 

24 U.S.C. 2618) is amended— 


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1 (1) in subsection (a)(1), by inserting ‘‘6(f),’’ 

2 after ‘‘6(e),’’; and 

3 (2) in subsection (c)(1)(B)(i), by striking ‘‘or 

4 6(e)’’ and inserting ‘‘6(e), or 6(f)’’. 

5 SEC. 7. ELEMENTAL MERCURY STORAGE AT PRIVATE FA6 CILITIES. 

7 Section 5(g)(2) of the Mercury Export Ban Act of 

8 2008 (Public Law 110–414; 122 Stat. 4347) is amend9 ed— 

10 (1) in subparagraph (B), by striking ‘‘Ele11 mental mercury’’ and inserting the following: 

12 ‘‘(B) TEMPORARY STORAGE.—Elemental 

13 mercury’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(C) LONG-TERM STORAGE.—Elemental 

16 mercury may be stored on a long-term basis at 

17 a facility for which a permit has been issued for 

18 that purpose under section 3005(c) of the Solid 

19 Waste Disposal Act (42 U.S.C. 6925(c)), and 

20 shall not be subject to the storage prohibition 

21 of section 3004(j) of the Solid Waste Disposal 

22 Act (42 U.S.C. 6924(j)), if— 

23 ‘‘(i) the owner or operator of the per24 mitted facility certifies in writing to the 

25 Administrator (and authorized State) that 


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1 the owner or operator will not sell, or oth2 erwise place into commerce at any future 

3 time, the mercury; 

4 ‘‘(ii) the permit includes terms and 

5 conditions for elemental mercury storage 

6 that— 

7 ‘‘(I) appropriately reflect proce8 dures and standards developed pursu9 ant to subsection (d); and 

10 ‘‘(II) the Administrator (or au11 thorized State) determines are nec12 essary to protect human health and 

13 the environment; and 

14 ‘‘(iii) the owner or operator of the 

15 permitted facility meets any qualifications 

16 for elemental mercury storage determined 

17 to be necessary by the Administrator (or 

18 the authorized State) to protect human 

19 health and the environment, including 

20 qualifications relating to— 

21 ‘‘(I) training; 

22 ‘‘(II) continuity of operation; and 

23 ‘‘(III) financial responsibility (in24 cluding financial responsibility for clo25 sure and corrective action). 


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1 ‘‘(D) APPLICABILITY.—Subparagraph (C) 

2 shall not apply to mercury with respect to 

3 which the owner or operator of the permitted 

4 facility fails to comply with a certification under 

5 that subparagraph.’’. 

Æ 


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