I 
112TH CONGRESS 
2D SESSION 
H. R. 6686 
To amend the Toxic Substances Control Act relating to certain mercury 
compounds, products, and processes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2012 
Ms. ESHOO introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mercury Use Reduc-
tion 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; 
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(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) DEFINITION OF MERCURY.—In this sub-
section, 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 MIN-
ING.— 
‘‘(A) PROHIBITION
ON
PRODUCTION.— 
Notwithstanding any other provision of law and 
subject to subparagraph (B), effective begin-
ning January 1, 2014, the production of mer-
cury from the extraction, beneficiation, and 
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processing of mercury-containing ores and min-
erals is prohibited. 
‘‘(B) INCIDENTAL
MERCURY
MINING.— 
Nothing in this subsection prohibits the produc-
tion 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 BAT-
TERIES.— 
‘‘(A) DEFINITION
OF
MERCURY-ADDED 
BATTERY.—In this paragraph, the term ‘mer-
cury-added battery’ means a battery that con-
tains mercury that is intentionally introduced to 
the battery in the production process, as distin-
guished from a battery that contains mercury 
that may be incidentally present in other mate-
rials used to produce the battery. 
‘‘(B) PROHIBITION
ON
MERCURY-ADDED 
BATTERIES.— 
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‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law and effective be-
ginning January 1, 2015, the manufac-
turing, processing, or distribution in com-
merce of a mercury-added battery, individ-
ually 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 Janu-
ary 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
DE-
VICES.—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 de-
vices is prohibited: 
‘‘(i) Fever thermometer. 
‘‘(ii) Nonfever thermometer. 
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‘‘(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 produc-
tion and distribution in commerce of lim-
ited quantities of a mercury-added medical 
measuring device, if the Administrator de-
termines that— 
‘‘(I) in consultation with the 
Commissioner of the Food and Drug 
Administration, the use of the mer-
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cury-added medical measuring device 
is necessary in medical contexts; 
‘‘(II) no safe and effective alter-
native to the use of mercury in the 
mercury-added medical measuring de-
vice is available; and 
‘‘(III) the mercury-added medical 
measuring device has, after notice and 
opportunity for comment, been ap-
proved for use by the Commissioner of 
the Food and Drug Administration. 
‘‘(iii) EFFECT
ON
OTHER
FEDERAL 
LAW.—The prohibition under subpara-
graph (A) shall not apply if the use of 
mercury in a specific mercury-added meas-
uring device is required by other Federal 
law (including regulations). 
‘‘(9) PROHIBITION
ON
MERCURY-ADDED
PES-
TICIDES.— 
‘‘(A) DEFINITION
OF
MERCURY-ADDED 
PESTICIDE.—In this paragraph, the term ‘mer-
cury-added pesticide’ means a pesticide (as that 
term is defined in section 2 of the Federal In-
secticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136)) that is produced by the inten-
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tional addition of mercury in the manufacturing 
process. 
‘‘(B) PROHIBITION.—Notwithstanding any 
other provision of law and effective beginning 
January 1, 2014, the manufacturing, proc-
essing, or distribution in commerce of a mer-
cury-added pesticide is prohibited. 
‘‘(10) PROHIBITION ON MERCURY-ADDED RE-
LAYS, SWITCHES, AND THERMOSTATS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) MERCURY-ADDED RELAY.— 
‘‘(I) IN
GENERAL.—The term 
‘mercury-added relay’ means a prod-
uct or device that— 
‘‘(aa) opens or closes elec-
trical contacts to effect the oper-
ation of other devices in the same 
or another electrical circuit; and 
‘‘(bb) is produced by the in-
tentional addition of mercury in 
the manufacturing process of 
that product or device. 
‘‘(II) 
INCLUSIONS.—The 
term 
‘mercury-added relay’ includes a mer-
cury displacement relay, a mercury 
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wetted reed relay, and a mercury con-
tact relay. 
‘‘(ii) MERCURY-ADDED SWITCH.— 
‘‘(I) IN
GENERAL.—The term 
‘mercury-added switch’ means a prod-
uct 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 in-
tentional 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 liq-
uid 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; 
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‘‘(dd) a mercury tempera-
ture switch activated by a change 
in temperature; 
‘‘(ee) a mercury flame sen-
sor; 
‘‘(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 tem-
perature as part of a manufac-
turing process. 
‘‘(III) EXCLUSIONS.—The term 
‘mercury-added switch’ does not in-
clude a mercury-added thermostat, as 
that term is defined in clause (iii). 
‘‘(iii) 
MERCURY-ADDED
THERMO-
STAT.— 
‘‘(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 commu-
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nication 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 residen-
tial, 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
THERMO-
STATS.—Effective beginning January 1, 
2014, the manufacturing, processing, or 
distribution in commerce of a mercury- 
added thermostat is prohibited. 
‘‘(ii) MERCURY-ADDED
RELAY; MER-
CURY-ADDED SWITCH.— 
‘‘(I) IN GENERAL.—Effective be-
ginning January 1, 2014, and subject 
to subclause (II), the manufacturing, 
processing, or distribution in com-
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merce (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 mer-
cury in a specific relay or 
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switch is required by other 
Federal law (including regu-
lations); or 
‘‘(DD) the relay or 
switch is a component of a 
larger product that is manu-
factured 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 PROD-
UCTS.— 
‘‘(AA) IN
GENERAL.— 
Subject to subitem (BB), 
the prohibition under sub-
clause (I) shall not apply to 
the distribution in commerce 
of a refurbished product 
manufactured before Janu-
ary 1, 2014, if the mercury- 
added relay or mercury- 
added switch is integrated 
in, and not physically sepa-
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rate from, other components 
of a larger product. 
‘‘(BB) RESTRICTION.— 
The exemption under this 
item shall apply only if the 
manufacturer of the mer-
cury-added relay or mer-
cury-added switch maintains 
records, individually or in 
conjunction with an industry 
or trade group, that would 
demonstrate to the Adminis-
trator, if the records were 
inspected or reported under 
subitem (CC), that the man-
ufacturer has developed and 
implemented a system for 
the proper collection, trans-
portation, and management 
of the larger product at the 
end of the useful life of the 
larger product that is pro-
tective of human health and 
the environment and main-
tains records that show that 
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the manufacturer has pro-
vided purchasers with suffi-
cient information to ensure 
that users of the larger 
product are aware that the 
larger product contains a 
mercury-added relay or mer-
cury-added switch and that 
users may access the manu-
facturer-developed collection 
program. 
‘‘(CC) 
ACCESS
TO 
RECORDS.—On the request 
of any duly authorized rep-
resentative of the Adminis-
trator, 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 
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item shall expire on Decem-
ber 31, 2022. 
‘‘(11) ESSENTIAL USE EXEMPTIONS.— 
‘‘(A) IN GENERAL.—Any person may peti-
tion 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 com-
ment, for a mercury-added product if the Ad-
ministrator 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, transpor-
tation, 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 ef-
forts are ongoing to develop and produce a 
nonmercury alternative to the mercury- 
added product in a timely manner. 
‘‘(B) TERMS.— 
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‘‘(i) IN
GENERAL.—An exemption 
granted by the Administrator under this 
paragraph shall contain such terms and 
conditions as the Administrator may pre-
scribe, but shall, at a minimum, include 
such terms and conditions as the Adminis-
trator determines necessary— 
‘‘(I) to minimize the manufacture 
and distribution in commerce of re-
stricted mercury-added products; and 
‘‘(II) to ensure that the condi-
tions 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 Clear-
inghouse. 
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‘‘(ii) PROCESS.—If the Administrator 
proposes granting an exemption under this 
paragraph for a mercury-added product 
that has previously been denied an exemp-
tion under State law by one or more State 
agencies in States that have mercury prod-
uct bans for similar products, the Adminis-
trator shall include in the proposed exemp-
tion an explanation of the basis of the deci-
sion of the Administrator. 
‘‘(12) REPORT
ON
USE
OF
MERCURY
TO 
PRODUCE POLYURETHANE PRODUCTS.— 
‘‘(A) IN GENERAL.—Not later than Janu-
ary 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 sub-
paragraph (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 
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‘‘(III) the quantity of poly-
urethane product that is manufac-
tured using mercury; 
‘‘(ii) the types of polyurethane prod-
ucts, if any, that are manufactured using 
mercury; 
‘‘(iii) the availability of nonmercury 
alternative products or processes for those 
polyurethane products that are manufac-
tured using mercury; 
‘‘(iv) the relative proportion of poly-
urethane products that are manufactured 
using mercury in the domestic manufac-
turing 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 poly-
urethane products in the United States, in-
cluding— 
‘‘(I) the nature and extent of po-
tential risks to human health or the 
environment posed by the those poly-
urethane products that are still being 
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used and were produced using mer-
cury; and 
‘‘(II) any mitigation measures 
that may be used to reduce the associ-
ated 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 poly-
urethane 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 fol-
lowing: 
‘‘(3) MERCURY.— 
‘‘(A) DEFINITION OF MERCURY.—In this 
subsection, the term ‘mercury’ has the meaning 
given the term in section 6(f)(1). 
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‘‘(B) PUBLICATION.—Not later than April 
1, 2014, and every 3 years thereafter, the Ad-
ministrator shall publish in the Federal Reg-
ister an inventory of mercury supply, use, and 
trade in the United States. 
‘‘(C) PROCESS.—In carrying out the inven-
tory under subparagraph (B), the Adminis-
trator shall— 
‘‘(i) identify any remaining manufac-
turing processes or products that inten-
tionally add mercury; and 
‘‘(ii) recommend actions, including 
proposed revisions of Federal law (includ-
ing regulations), to achieve further reduc-
tions in mercury use. 
‘‘(D) REPORTING.— 
‘‘(i) IN GENERAL.—To assist in the 
preparation of the inventory under sub-
paragraph (B), any person who manufac-
tures mercury or mercury-added products 
or otherwise intentionally uses mercury in 
a manufacturing process shall make peri-
odic reports to the Administrator, at such 
time and including such information as the 
Administrator shall determine by rule. 
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