```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3697 Introduced in Senate (IS)]

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.

    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 Use Reduction Act of 2012''.

SEC. 2. REGULATION OF MERCURY.

    Section 6(f) of the Toxic Substances Control Act (15 U.S.C. 
2605(f)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Definition of mercury.--In this subsection, 
        notwithstanding section 3(2)(B), the term `mercury' means--
                    ``(A) elemental mercury;
                    ``(B) a mercury compound; and
                    ``(C) a mixture that contains elemental mercury or 
                a mercury compound that is mixed with any other 
                material.'';
            (3) in paragraph (2) (as so redesignated), by striking 
        ``paragraph (2)'' and inserting ``paragraph (3)'';
            (4) in paragraph (3) (as so redesignated), by striking 
        ``Paragraph (1)'' and inserting ``Paragraph (2)''; and
            (5) by adding at the end the following
            ``(5) Prohibition on primary mercury mining.--
                    ``(A) Prohibition on production.--Notwithstanding 
                any other provision of law and subject to subparagraph 
                (B), effective beginning January 1, 2014, the 
                production of mercury from the extraction, 
                beneficiation, and processing of mercury-containing 
                ores and minerals is prohibited.
                    ``(B) Incidental mercury mining.--Nothing in this 
                subsection prohibits the production of mercury from 
                mining of other ores if the mercury is produced 
                incidentally from the beneficiation or processing of 
                that ore or related pollution control activities.
            ``(6) Prohibition on production of vinyl chloride monomer 
        using mercury.--Effective beginning January 1, 2014, the 
        production of vinyl chloride monomer using a mercury-added 
        feedstock or catalyst is prohibited.
            ``(7) Prohibition on mercury-added batteries.--
                    ``(A) Definition of mercury-added battery.--In this 
                paragraph, the term `mercury-added battery' means a 
                battery that contains mercury that is intentionally 
                introduced to the battery in the production process, as 
                distinguished from a battery that contains mercury that 
                may be incidentally present in other materials used to 
                produce the battery.
                    ``(B) Prohibition on mercury-added batteries.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law and effective beginning 
                        January 1, 2015, the manufacturing, processing, 
                        or distribution in commerce of a mercury-added 
                        battery, individually or as a component of a 
                        product, is prohibited.
                            ``(ii) Exemption.--Clause (i) does not 
                        apply to a battery manufactured before January 
                        1, 2015.
                    ``(C) Repeal.--Effective beginning January 1, 2015, 
                title II of the Mercury-Containing and Rechargeable 
                Battery Management Act (42 U.S.C. 14331 et seq.) is 
                repealed.
            ``(8) Prohibition on certain mercury-added measuring 
        devices.--
                    ``(A) Prohibition on measuring devices.--
                Notwithstanding any other provision of law and subject 
                to subparagraph (B), effective beginning January 1, 
                2014, the manufacturing, processing, or distribution in 
                commerce of any of the following mercury-added 
                measuring devices is prohibited:
                            ``(i) Fever thermometer.
                            ``(ii) Nonfever thermometer.
                            ``(iii) Barometer.
                            ``(iv) Esophageal dilator, bougie tube, or 
                        gastrointestinal tube.
                            ``(v) Flow meter or regulator.
                            ``(vi) Hydrometer.
                            ``(vii) Hygrometer or psychrometer.
                            ``(viii) Manometer.
                            ``(ix) Pyrometer.
                            ``(x) Sphygmomanometer.
                    ``(B) Exemptions.--
                            ``(i) Button cell batteries.--The 
                        prohibition under subparagraph (A) shall not 
                        apply to a mercury-added measuring device 
                        listed under that subparagraph if the only 
                        mercury-added component of the device is a 
                        button cell battery.
                            ``(ii) Medical use exemption.--The 
                        Administrator shall authorize the production 
                        and distribution in commerce of limited 
                        quantities of a mercury-added medical measuring 
                        device, if the Administrator determines that--
                                    ``(I) in consultation with the 
                                Commissioner of the Food and Drug 
                                Administration, the use of the mercury-
                                added medical measuring device is 
                                necessary in medical contexts;
                                    ``(II) no safe and effective 
                                alternative to the use of mercury in 
                                the mercury-added medical measuring 
                                device is available; and
                                    ``(III) the mercury-added medical 
                                measuring device has, after notice and 
                                opportunity for comment, been approved 
                                for use by the Commissioner of the Food 
                                and Drug Administration.
                            ``(iii) Effect on other federal law.--The 
                        prohibition under subparagraph (A) shall not 
                        apply if the use of mercury in a specific 
                        mercury-added measuring device is required by 
                        other Federal law (including regulations).
            ``(9) Prohibition on mercury-added pesticides.--
                    ``(A) Definition of mercury-added pesticide.--In 
                this paragraph, the term `mercury-added pesticide' 
                means a pesticide (as that term is defined in section 2 
                of the Federal Insecticide, Fungicide, and Rodenticide 
                Act (7 U.S.C. 136)) that is produced by the intentional 
                addition of mercury in the manufacturing process.
                    ``(B) Prohibition.--Notwithstanding any other 
                provision of law and effective beginning January 1, 
                2014, the manufacturing, processing, or distribution in 
                commerce of a mercury-added pesticide is prohibited.
            ``(10) Prohibition on mercury-added relays, switches, and 
        thermostats.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Mercury-added relay.--
                                    ``(I) In general.--The term 
                                `mercury-added relay' means a product 
                                or device that--
                                            ``(aa) opens or closes 
                                        electrical contacts to effect 
                                        the operation of other devices 
                                        in the same or another 
                                        electrical circuit; and
                                            ``(bb) is produced by the 
                                        intentional addition of mercury 
                                        in the manufacturing process of 
                                        that product or device.
                                    ``(II) Inclusions.--The term 
                                `mercury-added relay' includes a 
                                mercury displacement relay, a mercury 
                                wetted reed relay, and a mercury 
                                contact relay.
                            ``(ii) Mercury-added switch.--
                                    ``(I) In general.--The term 
                                `mercury-added switch' means a product 
                                or device that--
                                            ``(aa) is used for 
                                        measuring, controlling, or 
                                        regulating the flow of gas, 
                                        other fluids, or electricity; 
                                        and
                                            ``(bb) is produced by the 
                                        intentional addition of mercury 
                                        in the manufacturing process of 
                                        that product or device.
                                    ``(II) Inclusions.--The term 
                                `mercury-added switch' includes--
                                            ``(aa) a mercury float 
                                        switch actuated by rising or 
                                        falling liquid levels;
                                            ``(bb) a mercury tilt 
                                        switch actuated by a change in 
                                        the switch position;
                                            ``(cc) a mercury pressure 
                                        switch actuated by a change in 
                                        pressure;
                                            ``(dd) a mercury 
                                        temperature switch activated by 
                                        a change in temperature;
                                            ``(ee) a mercury flame 
                                        sensor;
                                            ``(ff) a mercury connector 
                                        that makes, breaks, or changes 
                                        the connection in an electrical 
                                        circuit; and
                                            ``(gg) a thermostat that is 
                                        used to sense and control 
                                        temperature as part of a 
                                        manufacturing process.
                                    ``(III) Exclusions.--The term 
                                `mercury-added switch' does not include 
                                a mercury-added thermostat, as that 
                                term is defined in clause (iii).
                            ``(iii) Mercury-added thermostat.--
                                    ``(I) In general.--The term 
                                `mercury-added thermostat' means a 
                                product or device that uses a mercury-
                                added switch to sense and control room 
                                temperature through communication with 
                                heating, ventilating, or air-
                                conditioning equipment.
                                    ``(II) Inclusions.--The term 
                                `mercury-added thermostat' includes a 
                                thermostat that is used to sense and 
                                control room temperature in 
                                residential, commercial, industrial, 
                                and other buildings.
                                    ``(III) Exclusions.--The term 
                                `mercury-added thermostat' does not 
                                include a thermostat that is used to 
                                sense and control temperature as part 
                                of a manufacturing process.
                    ``(B) Prohibition.--
                            ``(i) Mercury-added thermostats.--Effective 
                        beginning January 1, 2014, the manufacturing, 
                        processing, or distribution in commerce of a 
                        mercury-added thermostat is prohibited.
                            ``(ii) Mercury-added relay; mercury-added 
                        switch.--
                                    ``(I) In general.--Effective 
                                beginning January 1, 2014, and subject 
                                to subclause (II), the manufacturing, 
                                processing, or distribution in commerce 
                                (individually or as a product 
                                component) of a mercury-added relay or 
                                mercury-added switch is prohibited.
                                    ``(II) Exemptions.--
                                            ``(aa) In general.--The 
                                        prohibition under subclause (I) 
                                        does not apply to a mercury-
                                        added relay or mercury-added 
                                        switch if--

                                                    ``(AA) the relay or 
                                                switch replaces a relay 
                                                or switch that is a 
                                                component of a larger 
                                                product that is used in 
                                                manufacturing and is in 
                                                use prior to January 1, 
                                                2014;

                                                    ``(BB) the relay or 
                                                switch replaces a relay 
                                                or switch that is 
                                                integrated in, and not 
                                                physically separate 
                                                from, other components 
                                                of a larger product in 
                                                use prior to January 1, 
                                                2014;

                                                    ``(CC) the use of 
                                                mercury in a specific 
                                                relay or switch is 
                                                required by other 
                                                Federal law (including 
                                                regulations); or

                                                    ``(DD) the relay or 
                                                switch is a component 
                                                of a larger product 
                                                that is manufactured 
                                                and in use prior to 
                                                January 1, 2014, and 
                                                sold after January 1, 
                                                2014, by the original 
                                                or subsequent user of 
                                                the larger product.

                                            ``(bb) Refurbished 
                                        products.--

                                                    ``(AA) In 
                                                general.--Subject to 
                                                subitem (BB), the 
                                                prohibition under 
                                                subclause (I) shall not 
                                                apply to the 
                                                distribution in 
                                                commerce of a 
                                                refurbished product 
                                                manufactured before 
                                                January 1, 2014, if the 
                                                mercury-added relay or 
                                                mercury-added switch is 
                                                integrated in, and not 
                                                physically separate 
                                                from, other components 
                                                of a larger product.

                                                    ``(BB) 
                                                Restriction.--The 
                                                exemption under this 
                                                item shall apply only 
                                                if the manufacturer of 
                                                the mercury-added relay 
                                                or mercury-added switch 
                                                maintains records, 
                                                individually or in 
                                                conjunction with an 
                                                industry or trade 
                                                group, that would 
                                                demonstrate to the 
                                                Administrator, if the 
                                                records were inspected 
                                                or reported under 
                                                subitem (CC), that the 
                                                manufacturer has 
                                                developed and 
                                                implemented a system 
                                                for the proper 
                                                collection, 
                                                transportation, and 
                                                management of the 
                                                larger product at the 
                                                end of the useful life 
                                                of the larger product 
                                                that is protective of 
                                                human health and the 
                                                environment and 
                                                maintains records that 
                                                show that the 
                                                manufacturer has 
                                                provided purchasers 
                                                with sufficient 
                                                information to ensure 
                                                that users of the 
                                                larger product are 
                                                aware that the larger 
                                                product contains a 
                                                mercury-added relay or 
                                                mercury-added switch 
                                                and that users may 
                                                access the 
                                                manufacturer-developed 
                                                collection program.

                                                    ``(CC) Access to 
                                                records.--On the 
                                                request of any duly 
                                                authorized 
                                                representative of the 
                                                Administrator, each 
                                                person who is required 
                                                to maintain records 
                                                under this item shall 
                                                submit to the 
                                                representative copies 
                                                of those records and 
                                                permit the 
                                                representative to 
                                                inspect those records.

                                                    ``(DD) 
                                                Expiration.--The 
                                                exemption under this 
                                                item shall expire on 
                                                December 31, 2022.

            ``(11) Essential use exemptions.--
                    ``(A) In general.--Any person may petition the 
                Administrator for an exemption from a prohibition under 
                paragraphs (7) through (10), and the Administrator may 
                grant an exemption by rule, after notice and 
                opportunity for comment, for a mercury-added product if 
                the Administrator determines that--
                            ``(i) a safe and effective nonmercury 
                        alternative to the mercury-added product is 
                        unavailable;
                            ``(ii) a system exists in the United States 
                        for the proper collection, transportation, and 
                        management of the product at the end of the 
                        useful life of the product that is protective 
                        of human health and the environment; and
                            ``(iii) appropriate and substantial efforts 
                        are ongoing to develop and produce a nonmercury 
                        alternative to the mercury-added product in a 
                        timely manner.
                    ``(B) Terms.--
                            ``(i) In general.--An exemption granted by 
                        the Administrator under this paragraph shall 
                        contain such terms and conditions as the 
                        Administrator may prescribe, but shall, at a 
                        minimum, include such terms and conditions as 
                        the Administrator determines necessary--
                                    ``(I) to minimize the manufacture 
                                and distribution in commerce of 
                                restricted mercury-added products; and
                                    ``(II) to ensure that the 
                                conditions for granting the exemption 
                                will be fully met.
                            ``(ii) Duration.--An exemption under this 
                        paragraph shall not exceed 5 years in duration.
                    ``(C) Consultation.--
                            ``(i) In general.--Prior to providing 
                        notice and opportunity for comment under 
                        subparagraph (A), the Administrator shall 
                        consult with relevant State agencies and 
                        organizations, including the Interstate Mercury 
                        Education and Reduction Clearinghouse.
                            ``(ii) Process.--If the Administrator 
                        proposes granting an exemption under this 
                        paragraph for a mercury-added product that has 
                        previously been denied an exemption under State 
                        law by 1 or more State agencies in States that 
                        have mercury product bans for similar products, 
                        the Administrator shall include in the proposed 
                        exemption an explanation of the basis of the 
                        decision of the Administrator.
            ``(12) Report on use of mercury to produce polyurethane 
        products.--
                    ``(A) In general.--Not later than January 1, 2015, 
                the Administrator shall publish and submit to Congress 
                a report on the use of mercury to produce polyurethane 
                products.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include an analysis of--
                            ``(i) the extent to which mercury is used 
                        to produce polyurethane products in the United 
                        States, including--
                                    ``(I) the quantity of mercury used;
                                    ``(II) the number of polyurethane 
                                manufacturing facilities; and
                                    ``(III) the quantity of 
                                polyurethane product that is 
                                manufactured using mercury;
                            ``(ii) the types of polyurethane products, 
                        if any, that are manufactured using mercury;
                            ``(iii) the availability of nonmercury 
                        alternative products or processes for those 
                        polyurethane products that are manufactured 
                        using mercury;
                            ``(iv) the relative proportion of 
                        polyurethane products that are manufactured 
                        using mercury in the domestic manufacturing 
                        sector;
                            ``(v) any ongoing efforts being made to 
                        terminate the use of mercury in the manufacture 
                        of polyurethane products;
                            ``(vi) any information available on the 
                        historic uses of mercury to produce 
                        polyurethane products in the United States, 
                        including--
                                    ``(I) the nature and extent of 
                                potential risks to human health or the 
                                environment posed by the those 
                                polyurethane products that are still 
                                being used and were produced using 
                                mercury; and
                                    ``(II) any mitigation measures that 
                                may be used to reduce the associated 
                                risk to, and protect, human health and 
                                the environment; and
                            ``(vii) other relevant information that the 
                        Administrator determines Congress should 
                        consider in determining whether--
                                    ``(I) to prohibit the manufacture 
                                or distribution in commerce of 
                                polyurethane compounds using mercury; 
                                or
                                    ``(II) further action is needed to 
                                address polyurethane products that are 
                                in use and were produced using 
                                mercury.''.

SEC. 3. MERCURY INVENTORY.

    Section 8(b) of the Toxic Substances Control Act (42 U.S.C. 
2607(b)) is amended by adding at the end the following:
            ``(3) Mercury.--
                    ``(A) Definition of mercury.--In this subsection, 
                the term `mercury' has the meaning given the term in 
                section 6(f)(1).
                    ``(B) Publication.--Not later than April 1, 2014, 
                and every 3 years thereafter, the Administrator shall 
                publish in the Federal Register an inventory of mercury 
                supply, use, and trade in the United States.
                    ``(C) Process.--In carrying out the inventory under 
                subparagraph (B), the Administrator shall--
                            ``(i) identify any remaining manufacturing 
                        processes or products that intentionally add 
                        mercury; and
                            ``(ii) recommend actions, including 
                        proposed revisions of Federal law (including 
                        regulations), to achieve further reductions in 
                        mercury use.
                    ``(D) Reporting.--
                            ``(i) In general.--To assist in the 
                        preparation of the inventory under subparagraph 
                        (B), any person who manufactures mercury or 
                        mercury-added products or otherwise 
                        intentionally uses mercury in a manufacturing 
                        process shall make periodic reports to the 
                        Administrator, at such time and including such 
                        information as the Administrator shall 
                        determine by rule.
                            ``(ii) Coordination.--To avoid duplication, 
                        the Administrator shall coordinate the 
                        reporting under this subparagraph with the 
                        Interstate Mercury Education and Reduction 
                        Clearinghouse.
                            ``(iii) Exemption.--This subparagraph shall 
                        not apply to a person engaged in the 
                        generation, handling, or management of mercury-
                        containing waste, unless that person 
                        manufactures or recovers mercury in the 
                        management of that waste.''.

SEC. 4. PROHIBITION ON EXPORT OF CERTAIN MERCURY COMPOUNDS AND 
              PRODUCTS.

    (a) In General.--Section 12(c) of the Toxic Substances Control Act 
(15 U.S.C. 2611(c)) is amended--
            (1) in the subsection heading, by inserting before the 
        period at the end ``and Mercury Compounds'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Prohibition on export of certain mercury compounds.--
                    ``(A) In general.--Effective beginning January 1, 
                2014, the export of the following mercury compounds is 
                prohibited:
                            ``(i) Mercury (I) chloride or calomel.
                            ``(ii) Mercury (II) oxide.
                            ``(iii) Mercury (II) sulfate.
                            ``(iv) Mercury (II) nitrate.
                            ``(v) Cinnabar ore.
                            ``(vi) Any mercury compound that the 
                        Administrator, at the discretion of the 
                        Administrator, adds to the list by rule, on 
                        determining that exporting that mercury 
                        compound for the purpose of regenerating 
                        elemental mercury is technically feasible.
                    ``(B) Publication.--Not later than 90 days after 
                the date of enactment of the Mercury Use Reduction Act 
                of 2012, and as appropriate thereafter, the 
                Administrator shall publish in the Federal Register a 
                list of the mercury compounds that are prohibited from 
                export under this paragraph.
                    ``(C) Petition.--Any person may petition the 
                Administrator to add to the list of mercury compounds 
                prohibited from export.'';
            (3) in paragraph (4)--
                    (A) by striking ``elemental mercury'' each place it 
                appears and inserting ``mercury''; and
                    (B) in subparagraph (A), by inserting ``or 
                paragraph (3)'' after ``paragraph (1)'';
            (4) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (5) by inserting after paragraph (4) the following:
            ``(5) Mercury-added products.--
                    ``(A) In general.--Effective beginning January 1, 
                2014, the export of a mercury-added product described 
                in paragraphs (8) through (11) of section 6(f) is 
                prohibited.
                    ``(B) Mercury-added batteries.--Effective beginning 
                January 1, 2015, the export of mercury-added batteries 
                described in section 6(f)(7) is prohibited.
                    ``(C) Exemption.--
                            ``(i) In general.--Any person residing in 
                        the United States may petition the 
                        Administrator for an exemption from the 
                        prohibition under subparagraph (A) or (B), and 
                        the Administrator may, after notice and 
                        opportunity for comment, grant an exemption by 
                        rule for the export of a mercury-added product 
                        to an identified country if the Administrator 
                        finds that--
                                    ``(I) a nonmercury alternative to 
                                the mercury-added product is not 
                                available in the identified country;
                                    ``(II) the identified country 
                                certifies the support of that country 
                                for the exemption;
                                    ``(III) a chain of custody for the 
                                exported product exists to ensure that 
                                the mercury-added product will be used 
                                only in the identified country; and
                                    ``(IV) the export of the mercury-
                                added product is consistent with 
                                international obligations of the United 
                                States intended to reduce global 
                                mercury supply, use, and pollution.
                            ``(ii) Terms.--
                                    ``(I) In general.--An exemption 
                                granted by the Administrator under this 
                                paragraph shall contain such terms and 
                                conditions as the Administrator may 
                                prescribe, but shall, at a minimum, 
                                include such terms and conditions as 
                                the Administrator determines 
                                necessary--
                                            ``(aa) to minimize the 
                                        export of restricted mercury-
                                        added products; and
                                            ``(bb) to ensure that the 
                                        conditions for granting the 
                                        exemption will be fully met.
                                    ``(II) Duration.--An exemption 
                                under this paragraph shall not exceed 3 
                                years in duration.
                                    ``(III) Quantity.--An exemption 
                                under this paragraph shall not exceed 5 
                                metric tons of the mercury-added 
                                product.
                            ``(iii) Violations.--The Administrator may, 
                        by order, suspend or void an exemption under 
                        this paragraph in the event of a violation of 
                        this subsection.''.
    (b) Violations; Petitions.--
            (1) Violations.--Section 15 of the Toxic Substances Control 
        Act (15 U.S.C. 2614) is amended--
                    (A) in paragraph (3), by striking ``or'' after the 
                semicolon at the end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(5) violate any provision of section 12(c), including any 
        rule issued under that section, the terms and conditions under 
        section 12(c)(5)(C)(ii), or the submission of false information 
        in connection with that section.''.
            (2) Petitions.--Section 21 of the Toxic Substances Control 
        Act (15 U.S.C. 2620) is amended--
                    (A) in subsection (a), by inserting ``or to add to 
                or remove from the list of mercury compounds prohibited 
                from export under section 12(c)(3)'' before the period 
                at the end; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or to 
                        add to or remove from the list of mercury 
                        compounds prohibited from export under section 
                        12(c)(3)'' before the period at the end;
                            (ii) in paragraph (3), in the first 
                        sentence, by striking ``or 8'' and inserting 
                        ``8, or 12''; and
                            (iii) in paragraph (4)(B)--
                                    (I) in the first sentence, by 
                                inserting ``or to add to the list of 
                                mercury compounds prohibited from 
                                export under section 12(c)(3)'' after 
                                ``or 6(b)(2)''; and
                                    (II) in clause (ii) of the second 
                                sentence--
                                            (aa) by inserting ``or add 
                                        to or remove from the list 
                                        under section 12(c)(3)'' after 
                                        ``section 6(b)(2)''; and
                                            (bb) by striking the period 
                                        at the end of the clause and 
                                        inserting a semicolon.

SEC. 5. STATE PROGRAMS LIMITING MERCURY USE IN PRODUCTS.

    Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is 
amended by adding at the end the following:
    ``(c) Mercury.--Nothing in this Act prohibits or affects the 
authority of a State or political subdivision to establish or continue 
in effect any requirements that are more restrictive than those 
established by paragraphs (5) through (11) of section 6(f).''.

SEC. 6. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)(1), by inserting ``6(f),'' after 
        ``6(e),''; and
            (2) in subsection (c)(1)(B)(i), by striking ``or 6(e)'' and 
        inserting ``6(e), or 6(f)''.

SEC. 7. ELEMENTAL MERCURY STORAGE AT PRIVATE FACILITIES.

    Section 5(g)(2) of the Mercury Export Ban Act of 2008 (Public Law 
110-414; 122 Stat. 4347) is amended--
            (1) in subparagraph (B), by striking ``Elemental mercury'' 
        and inserting the following:
                    ``(B) Temporary storage.--Elemental mercury''; and
            (2) by adding at the end the following:
                    ``(C) Long-term storage.--Elemental mercury may be 
                stored on a long-term basis at a facility for which a 
                permit has been issued for that purpose under section 
                3005(c) of the Solid Waste Disposal Act (42 U.S.C. 
                6925(c)), and 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 owner or operator of the 
                        permitted facility certifies in writing to the 
                        Administrator (and authorized State) that the 
                        owner or operator will not sell, or otherwise 
                        place into commerce at any future time, the 
                        mercury;
                            ``(ii) the permit includes terms and 
                        conditions for elemental mercury storage that--
                                    ``(I) appropriately reflect 
                                procedures and standards developed 
                                pursuant to subsection (d); and
                                    ``(II) the Administrator (or 
                                authorized State) determines are 
                                necessary to protect human health and 
                                the environment; and
                            ``(iii) the owner or operator of the 
                        permitted facility meets any qualifications for 
                        elemental mercury storage determined to be 
                        necessary by the Administrator (or the 
                        authorized State) to protect human health and 
                        the environment, including qualifications 
                        relating to--
                                    ``(I) training;
                                    ``(II) continuity of operation; and
                                    ``(III) financial responsibility 
                                (including financial responsibility for 
                                closure and corrective action).
                    ``(D) Applicability.--Subparagraph (C) shall not 
                apply to mercury with respect to which the owner or 
                operator of the permitted facility fails to comply with 
                a certification under that subparagraph.''.
                                 <all>
```