II 

110TH CONGRESS 

1ST SESSION S. 1818 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2007 

Mr. OBAMA 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 to phase out 

the use of mercury in the manufacture of chlorine and 

caustic soda, and for other purposes. 

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 ‘‘Missing Mercury in 

5 Manufacturing Monitoring and Mitigation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) mercury and mercury compounds are highly 

9 toxic to humans, ecosystems, and wildlife; 


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1 (2) as many as 10 percent of women in the 

2 United States of childbearing age have mercury in 

3 their bloodstreams at a level that could pose risks to 

4 their unborn babies, and as many as 630,000 chil5 dren born annually in the United States are at risk 

6 of neurological problems relating to mercury expo7 sure in utero; 

8 (3) the most significant source of mercury expo9 sure to people in the United States is ingestion of 

10 mercury-contaminated fish; 

11 (4) the long-term solution to mercury pollution 

12 is to minimize global mercury use and releases of 

13 mercury to eventually achieve reduced contamination 

14 levels in the environment, rather than reducing fish 

15 consumption, since uncontaminated fish represents a 

16 critical and healthy source of nutrition for people 

17 worldwide; 

18 (5) an estimated additional 24,000 to 30,000 

19 tons of mercury are used at mercury cell chlor-alkali 

20 plants worldwide; 

21 (6) mercury pollution is a transboundary pollut22 ant that— 

23 (A) is deposited locally, regionally, and 

24 globally; and 


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1 (B) affects bodies of water near industrial 

2 areas, such as the Great Lakes, as well as bod3 ies of water in remote areas, such as the Arctic 

4 Circle; 

5 (7) of the approximately 30 plants in the 

6 United States that produce chlorine, only 8 use the 

7 obsolete ‘‘mercury cell’’ chlor-alkali process, and 5 

8 have not yet committed to phasing out mercury use; 

9 (8)(A) only about 10 percent of the total quan10 tity of chlorine and caustic soda produced in the 

11 United States comes from the chlor-alkali plants de12 scribed in paragraph (7) that use the mercury cell 

13 chlor-alkali process; 

14 (B) cost-effective alternatives are available and 

15 in use in the remaining 90 percent of chlorine and 

16 caustic soda production; and 

17 (C) other countries, including Japan, have al18 ready banned the mercury cell chlor-alkali process; 

19 (9) the chlor-alkali industry acknowledges 

20 that— 

21 (A) mercury can contaminate products 

22 manufactured at mercury cell facilities; and 

23 (B) the use of some of those products re24 sults in the direct and indirect release of mer25 cury; 


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1 (10) despite those quantities of mercury known 

2 to have been used or to be in use, neither the chlor3 alkali industry nor the Environmental Protection 

4 Agency is able— 

5 (A) to adequately account for the disposi6 tion of the mercury used at those facilities; or 

7 (B) to accurately estimate current mercury 

8 emissions; and 

9 (11) it is critically important that the United 

10 States work aggressively toward the minimization of 

11 supply, demand, and releases of mercury, both do12 mestically and internationally. 

13 SEC. 3. STATEMENT OF POLICY. 

14 Congress declares that the United States should de15 velop policies and programs that will— 

16 (1) reduce mercury use and emissions within 

17 the United States; 

18 (2) reduce mercury releases from the reservoir 

19 of mercury currently in use or circulation within the 

20 United States; and 

21 (3) reduce exposures to mercury, particularly 

22 exposures of women of childbearing age and young 

23 children. 


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1 SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC 

2 SODA MANUFACTURING. 

3 (a) IN GENERAL.—Title I of the Toxic Substances 

4 Control Act (15 U.S.C. 2601 et seq.) is amended by in5 serting after section 6 the following: 

6 ‘‘SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC 

7 SODA MANUFACTURING. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) CHLOR-ALKALI FACILITY.—The term 

10 ‘chlor-alkali facility’ means a facility used for the 

11 manufacture of chlorine or caustic soda using a mer12 cury cell process. 

13 ‘‘(2) HAZARDOUS WASTE; SOLID WASTE.—The 

14 terms ‘hazardous waste’ and ‘solid waste’ have the 

15 meanings given those terms in section 1004 of the 

16 Solid Waste Disposal Act (42 U.S.C. 6903). 

17 ‘‘(b) PROHIBITION.—Effective beginning January 1, 

18 2012, the manufacture of chlorine or caustic soda using 

19 mercury cells is prohibited in the United States. 

20 ‘‘(c) REPORTING.— 

21 ‘‘(1) IN GENERAL.—Not later than April 1, 

22 2008, and annually thereafter through April 1, 

23 2012, the owner or operator of each chlor-alkali fa24 cility shall submit to the Administrator and the 

25 State in which the chlor-alkali facility is located a 

26 report that identifies— 


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1 ‘‘(A) each type and quantity of mercury2 containing hazardous waste and nonhazardous 

3 solid waste generated by the chlor-alkali facility 

4 during the preceding calendar year; 

5 ‘‘(B) the mercury content of the wastes; 

6 ‘‘(C) the manner in which each waste was 

7 managed, including the location of each offsite 

8 location to which the waste was transported for 

9 subsequent handling or management; 

10 ‘‘(D) the volume of mercury released, in11 tentionally or unintentionally, into the air or 

12 water by the chlor-alkali facility, including mer13 cury released from emissions or vaporization; 

14 ‘‘(E) the volume of mercury estimated to 

15 have accumulated in pipes and plant equipment 

16 of the chlor-alkali facility, including a descrip17 tion of— 

18 ‘‘(i) the applicable volume for each 

19 type of equipment; and 

20 ‘‘(ii) methods of accumulation; and 

21 ‘‘(F) the quantity and forms of mercury 

22 found in all products produced for sale by the 

23 chlor-alkali facility. 

24 ‘‘(2) AVOIDANCE OF DUPLICATION.—To avoid 

25 duplication, the Administrator may permit the owner 


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1 or operator of a facility described in paragraph (1) 

2 to combine and submit the report required under 

3 this subsection with any report required to be sub4 mitted by the owner or operator under subtitle C of 

5 the Solid Waste Disposal Act (42 U.S.C. 6921 et 

6 seq.). 

7 ‘‘(d) INVENTORY.— 

8 ‘‘(1) IN GENERAL.—For each chlor-alkali facil9 ity that ceases operations on or after July 1, 2008, 

10 not later than 1 year after the date of cessation of 

11 operations, the Administrator, in consultation with 

12 the State in which the facility is located, shall con13 duct a comprehensive mercury inventory covering 

14 the life and closure of the chlor-alkali facility, taking 

15 into account— 

16 ‘‘(A) the total quantity of mercury pur17 chased to start and operate the chlor-alkali fa18 cility; 

19 ‘‘(B) the total quantity of mercury remain20 ing in mercury cells and other equipment at the 

21 time of closure of the chlor-alkali facility; 

22 ‘‘(C) the estimated quantity of mercury in 

23 hazardous waste, nonhazardous solid waste, and 

24 products generated at the chlor-alkali facility 


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1 during the operational life of the chlor-alkali fa2 cility; and 

3 ‘‘(D) the estimated aggregate mercury re4 leases from the chlor-alkali facility into air and 

5 other environmental media. 

6 ‘‘(2) RECORDS AND INFORMATION.—In car7 rying out paragraph (1), the Administrator shall ob8 tain mercury purchase records and such other infor9 mation from each chlor-alkali facility as are nec10 essary to determine, as accurately as practicable 

11 from available information, the magnitude and na12 ture of mercury releases from the chlor-alkali facility 

13 into air and other environmental media. 

14 ‘‘(e) MERCURY STORAGE ADVISORY COMMITTEE.— 

15 ‘‘(1) ESTABLISHMENT.—There is established an 

16 advisory committee, to be known as the ‘Mercury 

17 Storage Advisory Committee’ (referred to in this 

18 subsection as the ‘Committee’). 

19 ‘‘(2) MEMBERSHIP.— 

20 ‘‘(A) IN GENERAL.—The Committee shall 

21 be composed of 9 members, of whom— 

22 ‘‘(i) 2 members shall be jointly ap23 pointed by the Speaker of the House of 

24 Representatives and the majority leader of 

25 the Senate— 


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1 ‘‘(I) 1 of whom shall be des2 ignated to serve as Chairperson of the 

3 Committee; and 

4 ‘‘(II) 1 of whom shall be des5 ignated to serve as Vice-Chairperson 

6 of the Committee; 

7 ‘‘(ii) 1 member shall be the Adminis8 trator; 

9 ‘‘(iii) 1 member shall be the Secretary 

10 of Defense; 

11 ‘‘(iv) 1 member shall be a representa12 tive of State environmental agencies; 

13 ‘‘(v) 1 member shall be a representa14 tive of State attorneys general; 

15 ‘‘(vi) 1 member shall be a representa16 tive of the chlorine industry; 

17 ‘‘(vii) 1 member shall be a representa18 tive of the mercury waste treatment indus19 try; and 

20 ‘‘(viii) 1 member shall be a represent21 ative of a nonprofit environmental organi22 zation. 

23 ‘‘(B) APPOINTMENTS.—Not later than 45 

24 days after the date of enactment of this section, 

25 the Administrator, in consultation with the apVerDate Aug 31 2005 21:57 Jul 20, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1818.IS S1818

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1 propriate congressional committees, shall ap2 point the members of the Committee described 

3 in clauses (iv) through (viii) of subparagraph 

4 (A). 

5 ‘‘(3) INITIAL MEETING.—Not later than 30 

6 days after the date on which all members of the 

7 Committee have been appointed, the Committee shall 

8 hold the initial meeting of the Committee. 

9 ‘‘(4) MEETINGS.—The Committee shall meet at 

10 the call of the Chairperson. 

11 ‘‘(5) QUORUM.—A majority of the members of 

12 the Committee shall constitute a quorum. 

13 ‘‘(6) REPORT.—Not later than 1 year after the 

14 date of enactment of this section, the Committee 

15 shall submit to Congress a report describing the 

16 findings and recommendations of the Committee, if 

17 any, relating to— 

18 ‘‘(A) the environmental, health, and safety 

19 requirements necessary to prevent— 

20 ‘‘(i) the release of elemental mercury 

21 into the environment; and 

22 ‘‘(ii) worker exposure from the storage 

23 of elemental mercury; 


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1 ‘‘(B) the estimated annual cost of storing 

2 elemental mercury on a per-pound or per-ton 

3 basis; 

4 ‘‘(C) for the 40-year period beginning on 

5 the date of submission of the report, the opti6 mal size, number, and other characteristics of 

7 Federal facilities required to store elemental 

8 mercury under current and anticipated jurisdic9 tions of each Federal agency; 

10 ‘‘(D) the estimated quantity of— 

11 ‘‘(i) elemental mercury that will result 

12 from the discontinuance of mercury cells at 

13 chlor-alkali facilities in the United States 

14 required under this section; and 

15 ‘‘(ii) any other supplies that may re16 quire storage to carry out this section; 

17 ‘‘(E) for the 40-year period beginning on 

18 the date of submission of the report, the esti19 mated quantity of elemental mercury generated 

20 from the recycling of unwanted products and 

21 other wastes that will require storage to comply 

22 with any export prohibitions of elemental mer23 cury; 

24 ‘‘(F) any legal, technical, economic, or 

25 other barrier that may prevent the private secVerDate Aug 31 2005 21:57 Jul 20, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1818.IS S1818

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1 tor from storing elemental mercury produced by 

2 the private sector during the 40-year period be3 ginning on the date of submission of the report, 

4 including a description of measures to address 

5 the barriers; 

6 ‘‘(G) the advantages and disadvantages of 

7 consolidating the storage of mercury produced 

8 by public and private sources under the man9 agement of the public or private sector; 

10 ‘‘(H) the optimal plan of the Committee 

11 for storing excess mercury produced by public 

12 and private sources; and 

13 ‘‘(I) additional research, if any, required to 

14 determine a long-term disposal option for the 

15 storage of excess mercury. 

16 ‘‘(7) COMPENSATION OF MEMBERS.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) NON-FEDERAL EMPLOYEES.—A 

19 member of the Committee who is not an 

20 officer or employee of the Federal Govern21 ment shall be compensated at a rate equal 

22 to the daily equivalent of the annual rate 

23 of basic pay prescribed for level V of the 

24 Executive Schedule under section 5316 of 

25 title 5, United States Code, for each day 


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1 (including travel time) during which the 

2 member is engaged in the performance of 

3 the duties of the Committee. 

4 ‘‘(ii) FEDERAL EMPLOYEES.—A mem5 ber of the Committee who is an officer or 

6 employee of the Federal Government shall 

7 serve without compensation in addition to 

8 the compensation received for the services 

9 of the member as an officer or employee of 

10 the Federal Government. 

11 ‘‘(B) TRAVEL EXPENSES.—A member of 

12 the Committee shall be allowed travel expenses, 

13 including per diem in lieu of subsistence, at 

14 rates authorized for an employee of an agency 

15 under subchapter I of chapter 57 of title 5, 

16 United States Code, while away from the home 

17 or regular place of business of the member in 

18 the performance of the duties of the Committee. 

19 ‘‘(8) STAFF AND FUNDING.—The Administrator 

20 shall provide to the Committee such funding and ad21 ditional personnel as are necessary to enable the 

22 Committee to perform the duties of the Committee. 

23 ‘‘(9) TERMINATION.—The Committee shall ter24 minate 180 days after the date on which the ComVerDate Aug 31 2005 21:57 Jul 20, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1818.IS S1818

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1 mittee submits the report of the Committee under 

2 paragraph (6). 

3 ‘‘(f) TRANSFER TO STORAGE.— 

4 ‘‘(1) REGULATIONS.—Not later than July 1, 

5 2008, the Administrator shall promulgate regula6 tions establishing the terms and conditions necessary 

7 to facilitate the transfer and storage of mercury lo8 cated at closed or closing chlor-alkali facilities, in9 cluding the allocation of costs and potential liabil10 ities of that transfer and storage. 

11 ‘‘(2) DEADLINE FOR TRANSFER.—Beginning on 

12 July 1, 2008, elemental mercury located at a closed 

13 or closing chlor-alkali facility that has ceased oper14 ations shall be transferred to a storage facility estab15 lished by the Administrator in accordance with the 

16 regulations promulgated under paragraph (1). 

17 ‘‘(g) HEALTH ASSESSMENT.—Not later than July 1, 

18 2009, for each chlor-alkali facility that continues to oper19 ate as of July 1, 2008, the Administrator, in coordination 

20 with the Administrator of the Agency for Toxic Sub21 stances and Disease Registry, shall conduct a health as22 sessment of employees at the chlor-alkali facility. 

23 ‘‘(h) REGULATIONS.—In addition to regulations de24 scribed in subsection (f)(1), the Administrator may pro25 mulgate such regulations, including the establishment of 


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1 a reporting form for use in accordance with subsection (c), 

2 as are necessary to carry out this section.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents of the Toxic Substances Control Act (15 U.S.C. 

5 2601 note) is amended by inserting after the item relating 

6 to section 6 the following: 

‘‘Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.’’. 

Æ 


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