‘‘(ii) COORDINATION.—To avoid dupli-
cation, the Administrator shall coordinate 
the reporting under this subparagraph 
with the Interstate Mercury Education and 
Reduction Clearinghouse. 
‘‘(iii) 
EXEMPTION.—This 
subpara-
graph shall not apply to a person engaged 
in the generation, handling, or manage-
ment of mercury-containing waste, unless 
that person manufactures or recovers mer-
cury 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 Sub-
stances Control Act (15 U.S.C. 2611(c)) is amended— 
(1) in the subsection heading, by inserting be-
fore the period at the end ‘‘AND MERCURY COM-
POUNDS’’; 
(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: 
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‘‘(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 Ad-
ministrator, adds to the list by rule, on de-
termining 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 com-
pounds 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 
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(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 fol-
lowing: 
‘‘(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.—Ef-
fective 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 resid-
ing in the United States may petition the 
Administrator for an exemption from the 
prohibition under subparagraph (A) or 
(B), and the Administrator may, after no-
tice 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— 
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‘‘(I) a nonmercury alternative to 
the mercury-added product is not 
available in the identified country; 
‘‘(II) the identified country cer-
tifies 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 inter-
national obligations of the United 
States intended to reduce global mer-
cury supply, use, and pollution. 
‘‘(ii) TERMS.— 
‘‘(I) IN
GENERAL.—An exemp-
tion granted by the Administrator 
under this paragraph shall contain 
such terms and conditions as the Ad-
ministrator may prescribe, but shall, 
at a minimum, include such terms 
and conditions as the Administrator 
determines necessary— 
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‘‘(aa) to minimize the export 
of restricted mercury-added prod-
ucts; and 
‘‘(bb) to ensure that the 
conditions for granting the ex-
emption 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 
Adminis-
trator 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 Sub-
stances 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 pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(5) violate any provision of section 12(c), in-
cluding 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 Sub-
stances 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 com-
pounds 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 mer-
cury compounds prohibited from export 
under section 12(c)(3)’’ before the period 
at the end; 
(ii) in paragraph (3), in the first sen-
tence, by striking ‘‘or 8’’ and inserting ‘‘8, 
or 12’’; and 
(iii) in paragraph (4)(B)— 
(I) in the first sentence, by in-
serting ‘‘or to add to the list of mer-
cury compounds prohibited from ex-
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port 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 in-
serting 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 fol-
lowing: 
‘‘(c) MERCURY.—Nothing in this Act prohibits or af-
fects 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— 
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(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 FA-
CILITIES. 
Section 5(g)(2) of the Mercury Export Ban Act of 
2008 (Public Law 110–414; 122 Stat. 4347) is amend-
ed— 
(1) in subparagraph (B), by striking ‘‘Ele-
mental 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 per-
mitted facility certifies in writing to the 
Administrator (and authorized State) that 
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the owner or operator will not sell, or oth-
erwise place into commerce at any future 
time, the mercury; 
‘‘(ii) the permit includes terms and 
conditions for elemental mercury storage 
that— 
‘‘(I) appropriately reflect proce-
dures and standards developed pursu-
ant to subsection (d); and 
‘‘(II) the Administrator (or au-
thorized State) determines are nec-
essary 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 (in-
cluding financial responsibility for clo-
sure and corrective action). 
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‘‘(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.’’. 
Æ 
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