‘‘(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 mer-
curic chloride, mercurous chloride or calomel, 
mercuric oxide, and other mercury compounds, 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 
United States annually in each of the last 
three years; 
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‘‘(iv) the potential for these compounds 
to be processed into elemental mercury 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 pre-
paring the report under this paragraph, the Ad-
ministrator may utilize the information gath-
ering authorities of this title, including sections 
10 and 11. 
‘‘(4) ESSENTIAL USE EXEMPTION.—(A) Any per-
son residing in the United States may petition the 
Administrator for an exemption from the prohibition 
in paragraph (1), and the Administrator may grant 
by rule, after notice and opportunity for comment, an 
exemption for a specified use at an identified foreign 
facility if the Administrator finds that— 
‘‘(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 
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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 described in 
the petition, and not otherwise diverted 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 
‘‘(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. 
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‘‘(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, injunc-
tive relief under section 17, and citizen suits under 
section 20. 
‘‘(5) CONSISTENCY WITH TRADE OBLIGATIONS.— 
Nothing in this subsection affects, replaces, or amends 
prior law relating to the need for consistency with 
international trade obligations. 
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‘‘(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 elemental 
mercury generated within the United States and delivered 
to a facility of the Department of Energy designated 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 stor-
age of elemental mercury delivered to the facility. The 
amount of such fees— 
(A) shall be made publically available not 
later than October 1, 2009; 
(B) may be adjusted annually; and 
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(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 facility 
under the Solid Waste Disposal Act or other applica-
ble law. Building design and building construction 
costs shall only be included to the extent that the Sec-
retary finds that the management and storage of ele-
mental mercury accepted under the program under 
this section cannot be accomplished without construc-
tion 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 to the 
Committee on Energy and Commerce of the House of Rep-
resentatives 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 mercury. Such report 
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shall set forth separately the costs associated 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 Adminis-
trator 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 estab-
lished under subsection (a), guidance that establishes 
procedures and standards for the receipt, manage-
ment, and long-term storage of elemental mercury at 
a designated facility or facilities, including require-
ments to ensure appropriate use of flasks or other 
suitable shipping containers. Such procedures and 
standards shall be protective of human health and the 
environment and shall ensure that the elemental mer-
cury is stored in a safe, secure, and effective manner. 
In addition to such procedures and standards, ele-
mental mercury managed and stored under this sec-
tion at a designated facility shall be subject to the re-
quirements of the Solid Waste Disposal Act, including 
the requirements of subtitle C of that Act, except as 
provided in subsection (g)(2) of this section. A des-
ignated facility in existence on or before January 1, 
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