I
107TH CONGRESS
1ST SESSION
H. R. 2266
To reduce the risk of the accidental release of mercury into the environment
by providing for the temporary storage of private sector supplies of
mercury at facilities of the Department of Defense currently used for
mercury storage, to require the Administrator of the Environmental
Protection Agency to appoint a task force to develop a plan for the
safe disposal of mercury, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 21, 2001
Mr. ALLEN (for himself and Mr. BALDACCI) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To reduce the risk of the accidental release of mercury
into the environment by providing for the temporary
storage of private sector supplies of mercury at facilities
of the Department of Defense currently used for mercury
storage, to require the Administrator of the Environ-
mental Protection Agency to appoint a task force to
develop a plan for the safe disposal of mercury, and
for other purposes.
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 Storage and
Safe Disposal Act of 2001’’.
SEC. 2. AUTHORITY OF DEPARTMENT OF DEFENSE TO AC-
CEPT AND STORE MERCURY PENDING ENVI-
RONMENTAL PROTECTION AGENCY DEVEL-
OPMENT OF SAFE DISPOSAL METHOD.
(a) ACCEPTANCE OF MERCURY ACQUIRED BY EPA
ADMINISTRATOR.—Subsection (b) of section 2692 of title
10, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(12) The temporary storage of mercury ac-
quired by the Administrator of the Environmental
Protection Agency from private sector sources pend-
ing the development of one or more disposal methods
for mercury that ensure that the health hazards
from mercury are not transferred from one environ-
mental medium to another and that there is no re-
lease of mercury into the environment. Mercury ac-
cepted for storage under this paragraph shall be
stored at Department of Defense installations used
for the storage of mercury owned by the Depart-
ment.’’.
(b) DURATION OF STORAGE.—Subsection (d)(2) of
such section is amended by inserting after the first sen-
tence the following new sentence: ‘‘In the case of the stor-
age of mercury under subsection (b)(12), the storage pro-
vided shall cease as soon as practicable after the Adminis-
trator of the Environmental Protection Agency certifies to
the Secretary of Defense that a disposal method for mer-
cury satisfying the criteria specified in such subsection has
been developed.’’.
SEC. 3. ACQUISITION OF MERCURY.
The Administrator of the Environmental Protection
Agency (in this Act referred to as the ‘‘Administrator’’)
shall acquire any store of mercury held by private sector
Chlor-alkali plants, other facilities who have amounts in
excess of 35,000 pounds, and any other sources identified
by the Task Force established under section 4. Such stores
shall be transferred to the Secretary of Defense for stor-
age under section 2692(b)(12) of title 10, United States
Code.
SEC. 4. TASK FORCE.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of the enactment of this Act, the Administrator
shall establish a Task Force on Safe Mercury Disposal (in
this Act referred to as the ‘‘Task Force’’).
(b) MEMBERSHIP.—The Task Force shall consist
of—
(1) one representative each from the Depart-
ment of Defense, the Department of Energy, and
the U.S. Fish and Wildlife Service;
(2) one representative from the Environmental
Council of States, appointed by the Administrator;
(3) one representative of consumer groups, ap-
pointed by the Administrator;
(4) one representative of Native American com-
munities, appointed by the Administrator;
(5) one representative of health professionals,
appointed by the Administrator; and
(6) one representative from the environmental
community, appointed by the Administrator.
(c) FUNCTIONS.—The Task Force shall—
(1) identify the best methods to ensure that
mercury is not released into the environment, after
exploration of appropriate potential options includ-
ing mercury stabilization, safe mercury disposal
technologies, and long-term storage;
(2) assess such technologies and measures for
safety, efficiency, cost-effectiveness, long-term dura-
bility, and public acceptability; and
(3) identify necessary research, development,
and demonstration of such technologies and meas-
ures.
(d) REPORTS TO CONGRESS.—
(1) INTERIM REPORT.—The Task Force shall
transmit to the Congress, not later than 1 year after
its first meeting, a report on its activities and con-
clusions.
(2) FINAL PLAN.—Not later than January 1,
2003, the Task Force shall prepare and transmit to
the Congress and to the Administrator a final plan
for safe mercury disposal, which shall provide for the
stabilization or other appropriate methods of retiring
the mercury. Such plan shall ensure that the health
hazards from mercury are not transferred from one
environmental medium to another and that there is
no release of mercury into the environment, and
shall provide for the involvement of States and the
public.
SEC. 5. EXECUTION OF PLAN.
The Administrator shall carry out research, develop-
ment, and demonstration recommended by the Task
Force, and shall provide for the disposal of mercury stored
under section 2692(b)(12) of title 10, United States Code,
and other mercury in the possession of the United States
Government, in accordance with the plan prepared under
section 4(d)(2).
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