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‘‘(2) INAPPLICABILITY
OF
SUBSECTION
(a).— 
Subsection (a) shall not apply to this subsection. 
‘‘(3) REPORT TO CONGRESS ON MERCURY COM-
POUNDS.— 
‘‘(A) REPORT.—Not later than one year 
after the date of enactment of the Mercury Ex-
port Ban Act of 2007, the Administrator shall 
publish and submit to Congress a report on 
mercuric chloride, mercurous chloride or cal-
omel, mercuric oxide, and other mercury com-
pounds, if any, that may currently be used in 
significant quantities in products or processes. 
Such report shall include an analysis of— 
‘‘(i) the sources and amounts of each 
of the mercury compounds imported into 
the United States or manufactured in the 
United States annually; 
‘‘(ii) the purposes for which each of 
these compounds are used domestically, the 
amount of these compounds currently con-
sumed annually for each purpose, and the 
estimated amounts to be consumed for 
each purpose in 2010 and beyond; 
‘‘(iii) the sources and amounts of each 
mercury compound exported from the 
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United States annually in each of the last 
three years; 
‘‘(iv) the potential for these com-
pounds to be processed into elemental mer-
cury after export from the United States; 
and 
‘‘(v) other relevant information that 
Congress should consider in determining 
whether to extend the export prohibition to 
include one or more of these mercury com-
pounds. 
‘‘(B) PROCEDURE.—For the purpose of 
preparing the report under this paragraph, the 
Administrator may utilize the information gath-
ering authorities of this title, including sections 
10 and 11. 
‘‘(4) ESSENTIAL
USE
EXEMPTION.—(A) Any 
person residing in the United States may petition 
the Administrator for an exemption from the prohi-
bition in paragraph (1), and the Administrator may 
grant by rule, after notice and opportunity for com-
ment, an exemption for a specified use at an identi-
fied foreign facility if the Administrator finds that— 
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‘‘(i) nonmercury alternatives for the speci-
fied use are not available in the country where 
the facility is located; 
‘‘(ii) there is no other source of elemental 
mercury available from domestic supplies (not 
including new mercury mines) in the country 
where the elemental mercury will be used; 
‘‘(iii) the country where the elemental mer-
cury will be used certifies its support for the ex-
emption; 
‘‘(iv) the export will be conducted in such 
a manner as to ensure the elemental mercury 
will be used at the identified facility as de-
scribed in the petition, and not otherwise di-
verted for other uses for any reason; 
‘‘(v) the elemental mercury will be used in 
a manner that will protect human health and 
the environment, taking into account local, re-
gional, and global human health and environ-
mental impacts; 
‘‘(vi) the elemental mercury will be handled 
and managed in a manner that will protect 
human health and the environment, taking into 
account local, regional, and global human 
health and environmental impacts; and 
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‘‘(vii) the export of elemental mercury for 
the specified use is consistent with international 
obligations of the United States intended to re-
duce global mercury supply, use, and pollution. 
‘‘(B) Each exemption issued by the Adminis-
trator pursuant to this paragraph shall contain such 
terms and conditions as are necessary to minimize 
the export of elemental mercury and ensure that the 
conditions for granting the exemption will be fully 
met, and shall contain such other terms and condi-
tions as the Administrator may prescribe. No exemp-
tion granted pursuant to this paragraph shall exceed 
three years in duration and no such exemption shall 
exceed 10 metric tons of elemental mercury. 
‘‘(C) The Administrator may by order suspend 
or cancel an exemption under this paragraph in the 
case of a violation described in subparagraph (D). 
‘‘(D) A violation of this subsection or the terms 
and conditions of an exemption, or the submission of 
false information in connection therewith, shall be 
considered a prohibited act under section 15, and 
shall be subject to penalties under section 16, in-
junctive relief under section 17, and citizen suits 
under section 20. 
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‘‘(5) CONSISTENCY
WITH
TRADE
OBLIGA-
TIONS.—Nothing in this subsection affects, replaces, 
or amends prior law relating to the need for consist-
ency with international trade obligations. 
‘‘(6) EXPORT OF COAL.—Nothing in this sub-
section shall be construed to prohibit the export of 
coal.’’. 
SEC. 5. LONG-TERM STORAGE. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 
January 1, 2010, the Secretary of Energy (in this section 
referred to as the ‘‘Secretary’’) shall accept custody, for 
the purpose of long-term management and storage, of ele-
mental mercury generated within the United States and 
delivered to a facility of the Department of Energy des-
ignated by the Secretary. 
(b) FEES.— 
(1) IN GENERAL.—After consultation with per-
sons who are likely to deliver elemental mercury to 
a designated facility for long-term management and 
storage under the program prescribed in subsection 
(a), and with other interested persons, the Secretary 
shall assess and collect a fee at the time of delivery 
for providing such management and storage, based 
on the pro rata cost of long-term management and 
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storage of elemental mercury delivered to the facil-
ity. The amount of such fees— 
(A) shall be made publically available not 
later than October 1, 2009; 
(B) may be adjusted annually; and 
(C) shall be set in an amount sufficient to 
cover the costs described in paragraph (2). 
(2) COSTS.—The costs referred to in paragraph 
(1)(C) are the costs to the Department of Energy of 
providing such management and storage, including 
facility operation and maintenance, security, moni-
toring, reporting, personnel, administration, inspec-
tions, training, fire suppression, closure, and other 
costs required for compliance with applicable law. 
Such costs shall not include costs associated with 
land acquisition or permitting of a designated facil-
ity under the Solid Waste Disposal Act or other ap-
plicable law. Building design and building construc-
tion costs shall only be included to the extent that 
the Secretary finds that the management and stor-
age of elemental mercury accepted under the pro-
gram under this section cannot be accomplished 
without construction of a new building or buildings. 
(c) REPORT.—Not later than 60 days after the end 
of each Federal fiscal year, the Secretary shall transmit 
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to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate a report on all of the 
costs incurred in the previous fiscal year associated with 
the long-term management and storage of elemental mer-
cury. Such report shall set forth separately the costs asso-
ciated with activities taken under this section. 
(d) MANAGEMENT STANDARDS FOR A FACILITY.— 
(1) GUIDANCE.—Not later than October 1, 
2009, the Secretary, after consultation with the Ad-
ministrator of the Environmental Protection Agency 
and all appropriate State agencies in affected States, 
shall make available, including to potential users of 
the long-term management and storage program es-
tablished under subsection (a), guidance that estab-
lishes procedures and standards for the receipt, 
management, and long-term storage of elemental 
mercury at a designated facility or facilities, includ-
ing requirements to ensure appropriate use of flasks 
or other suitable shipping containers. Such proce-
dures and standards shall be protective of human 
health and the environment and shall ensure that 
the elemental mercury is stored in a safe, secure, 
and effective manner. In addition to such procedures 
and standards, elemental mercury managed and 
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stored under this section at a designated facility 
shall be subject to the requirements of the Solid 
Waste Disposal Act, including the requirements of 
subtitle C of that Act, except as provided in sub-
section (g)(2) of this section. A designated facility in 
existence on or before January 1, 2010, is author-
ized to operate under interim status pursuant to sec-
tion 3005(e) of the Solid Waste Disposal Act until 
a final decision on a permit application is made pur-
suant to section 3005(c) of the Solid Waste Disposal 
Act. Not later than January 1, 2012, the Adminis-
trator of the Environmental Protection Agency (or 
an authorized State) shall issue a final decision on 
the permit application. 
(2) TRAINING.—The Secretary shall conduct 
operational training and emergency training for all 
staff that have responsibilities related to elemental 
mercury management, transfer, storage, monitoring, 
or response. 
(3) EQUIPMENT.—The Secretary shall ensure 
that each designated facility has all equipment nec-
essary for routine operations, emergencies, moni-
toring, checking inventory, loading, and storing ele-
mental mercury at the facility. 
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(4) FIRE DETECTION AND SUPPRESSION SYS-
TEMS.—The Secretary shall— 
(A) ensure the installation of fire detection 
systems at each designated facility, including 
smoke detectors and heat detectors; and 
(B) ensure the installation of a permanent 
fire suppression system, unless the Secretary 
determines that a permanent fire suppression 
system is not necessary to protect human 
health and the environment. 
(e) INDEMNIFICATION
OF PERSONS DELIVERING 
ELEMENTAL MERCURY.— 
(1) IN GENERAL.—(A) Except as provided in 
subparagraph (B) and subject to paragraph (2), the 
Secretary shall hold harmless, defend, and indemnify 
in full any person who delivers elemental mercury to 
a designated facility under the program established 
under subsection (a) from and against any suit, 
claim, demand or action, liability, judgment, cost, or 
other fee arising out of any claim for personal injury 
or property damage (including death, illness, or loss 
of or damage to property or economic loss) that re-
sults from, or is in any manner predicated upon, the 
release or threatened release of elemental mercury as 
a result of acts or omissions occurring after such 
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mercury is delivered to a designated facility de-
scribed in subsection (a). 
(B) To the extent that a person described in 
subparagraph (A) contributed to any such release or 
threatened release, subparagraph (A) shall not 
apply. 
(2) CONDITIONS.—No indemnification may be 
afforded under this subsection unless the person 
seeking indemnification— 
(A) notifies the Secretary in writing within 
30 days after receiving written notice of the 
claim for which indemnification is sought; 
(B) furnishes to the Secretary copies of 
pertinent papers the person receives; 
(C) furnishes evidence or proof of any 
claim, loss, or damage covered by this sub-
section; and 
(D) provides, upon request by the Sec-
retary, access to the records and personnel of 
the person for purposes of defending or settling 
the claim or action. 
(3) AUTHORITY OF SECRETARY.—(A) In any 
case in which the Secretary determines that the De-
partment of Energy may be required to make indem-
nification payments to a person under this sub-
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section for any suit, claim, demand or action, liabil-
ity, judgment, cost, or other fee arising out of any 
claim for personal injury or property damage re-
ferred to in paragraph (1)(A), the Secretary may 
settle or defend, on behalf of that person, the claim 
for personal injury or property damage. 
(B) In any case described in subparagraph (A), 
if the person to whom the Department of Energy 
may be required to make indemnification payments 
does not allow the Secretary to settle or defend the 
claim, the person may not be afforded indemnifica-
tion with respect to that claim under this subsection. 
(f) TERMS, CONDITIONS, AND PROCEDURES.—The 
Secretary is authorized to establish such terms, conditions, 
and procedures as are necessary to carry out this section. 
(g) EFFECT ON OTHER LAW.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this section changes or affects 
any Federal, State, or local law or the obligation of 
any person to comply with such law. 
(2) EXCEPTION.—(A) Elemental mercury that 
the Secretary is storing on a long-term basis shall 
not be subject to the storage prohibition of section 
3004(j) of the Solid Waste Disposal Act (42 U.S.C. 
6924(j)). For the purposes of section 3004(j) of the 
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Solid Waste Disposal Act, a generator accumulating 
elemental mercury destined for a facility designated 
by the Secretary under subsection (a) for 90 days or 
less shall be deemed to be accumulating the mercury 
to facilitate proper treatment, recovery, or disposal. 
(B) Elemental mercury that is stored at a facil-
ity with respect to which a permit has been issued 
under section 3005(c) of the Solid Waste Disposal 
Act (42 U.S.C. 6925(c)) 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 Secretary is unable to accept the 
mercury at a facility designated by the Sec-
retary under subsection (a) for reasons beyond 
the control of the owner or operator of the per-
mitted facility; 
(ii) the owner or operator of the permitted 
facility certifies in writing to the Secretary that 
it will ship the mercury to the designated facil-
ity when the Secretary is able to accept the 
mercury; and 
(iii) the owner or operator of the permitted 
facility certifies in writing to the Secretary that 
it will not sell, or otherwise place into com-
merce, the mercury. 
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This subparagraph shall not apply to mercury with 
respect to which the owner or operator of the per-
mitted facility fails to comply with a certification 
provided under clause (ii) or (iii). 
(h) STUDY.—Not later than July 1, 2011, the Sec-
retary shall transmit to the Congress the results of a 
study, conducted in consultation with the Administrator 
of the Environmental Protection Agency, that— 
(1) determines the impact of the long-term stor-
age program under this section on mercury recy-
cling; and 
(2) includes proposals, if necessary, to mitigate 
any negative impact identified under paragraph (1). 
SEC. 6. REPORT TO CONGRESS. 
At least 3 years after the effective date of the prohibi-
tion on export of elemental mercury under section 12(c) 
of the Toxic Substances Control Act (15 U.S.C. 2611(c)), 
as added by section 4 of this Act, but not later than Janu-
ary 1, 2014, the Administrator of the Environmental Pro-
tection Agency shall transmit to the Committee on Energy 
and Commerce of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate a report on the global supply and trade of elemental 
mercury, including but not limited to the amount of ele-
mental mercury traded globally that originates from pri-
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mary mining, where such primary mining is conducted, 
and whether additional primary mining has occurred as 
a consequence of this Act. 
Passed the House of Representatives November 13, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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