ies of water in remote areas, such as the Arctic 
Circle; 
(6) of the approximately 30 plants in the 
United States that produce chlorine, only 5 use the 
obsolete ‘‘mercury cell’’ chlor-alkali process, and 4 
have not yet committed to phasing out mercury use; 
(7)(A) less than 5 percent of the total quantity 
of chlorine and caustic soda produced in the United 
States comes from the chlor-alkali plants described 
in paragraph (6) that use the mercury cell chlor-al-
kali process; 
(B) cost-effective alternatives are available and 
in use in the remaining 95 percent of chlorine and 
caustic soda production; and 
(C) other countries, including Japan, have al-
ready banned the mercury cell chlor-alkali process; 
(8) the chlor-alkali industry acknowledges 
that— 
(A) mercury can contaminate products 
manufactured at mercury cell facilities; and 
(B) the use of some of those products re-
sults in the direct and indirect release of mer-
cury; 
(9) despite those quantities of mercury known 
to have been used or to be in use, neither the chlor- 
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alkali industry nor the Environmental Protection 
Agency is able— 
(A) to adequately account for the disposi-
tion of the mercury used at those facilities; or 
(B) to accurately estimate current mercury 
emissions; and 
(10) it is critically important that the United 
States work aggressively toward the minimization of 
supply, demand, and releases of mercury, both do-
mestically and internationally. 
SEC. 3. STATEMENT OF POLICY. 
Congress declares that the United States should de-
velop policies and programs that will— 
(1) reduce mercury use and emissions within 
the United States; 
(2) reduce mercury releases from the reservoir 
of mercury currently in use or circulation within the 
United States; and 
(3) reduce exposures to mercury, particularly 
exposures of women of childbearing age and young 
children. 
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SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC 
SODA MANUFACTURING. 
(a) IN GENERAL.—Title I of the Toxic Substances 
Control Act (15 U.S.C. 2601 et seq.) is amended by in-
serting after section 6 the following: 
‘‘SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC 
SODA MANUFACTURING. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
CHLOR-ALKALI
FACILITY.—The 
term 
‘chlor-alkali facility’ means a facility used for the 
manufacture of chlorine or caustic soda using a mer-
cury cell process. 
‘‘(2) HAZARDOUS WASTE; SOLID WASTE.—The 
terms ‘hazardous waste’ and ‘solid waste’ have the 
meanings given those terms in section 1004 of the 
Solid Waste Disposal Act (42 U.S.C. 6903). 
‘‘(b) PROHIBITION; USE PRIOR TO PROHIBITION.— 
‘‘(1) PROHIBITION.—Effective on the date 24 
months after the enactment of this section, the man-
ufacture of chlorine or caustic soda using mercury 
cells is prohibited in the United States and the ex-
port of any mercury, mercury cells, mercury com-
pounds, and mixtures containing mercury by any 
person is prohibited. 
‘‘(2) MERCURY STORAGE.—Within 24 months 
after the enactment of this section, the Secretary of 
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Energy shall develop a system for the storage of all 
mercury, mercury cells, mercury compounds, and 
mixtures containing mercury if such mercury, cell, 
compound, or mixture is from a chlor-alkali facility. 
‘‘(c) REPORTING.— 
‘‘(1) IN GENERAL.—Not later than 24 months 
after the enactment of this section, the owner or op-
erator of each chlor-alkali facility shall submit to the 
Administrator and the State in which the chlor-al-
kali facility is located a report that identifies— 
‘‘(A) each type and quantity of mercury- 
containing hazardous waste and nonhazardous 
solid waste generated by the chlor-alkali facility 
during the preceding calendar year; 
‘‘(B) the mercury content of the wastes; 
‘‘(C) the manner in which each waste was 
managed, including the location of each offsite 
location to which the waste was transported for 
subsequent handling or management; 
‘‘(D) the volume of mercury released, in-
tentionally or unintentionally, into the air or 
water by the chlor-alkali facility, including mer-
cury released from emissions or vaporization; 
‘‘(E) the volume of mercury estimated to 
have accumulated in pipes and plant equipment 
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of the chlor-alkali facility, including a descrip-
tion of— 
‘‘(i) the applicable volume for each 
type of equipment; and 
‘‘(ii) methods of accumulation; and 
‘‘(F) the quantity and forms of mercury 
found in all products produced for sale by the 
chlor-alkali facility. 
‘‘(2) AVOIDANCE OF DUPLICATION.—To avoid 
duplication, the Administrator may permit the owner 
or operator of a facility described in paragraph (1) 
to combine and submit the report required under 
this subsection with any report required to be sub-
mitted by the owner or operator under subtitle C of 
the Solid Waste Disposal Act (42 U.S.C. 6921 et 
seq.). 
‘‘(d) INVENTORY.— 
‘‘(1) IN GENERAL.—For each chlor-alkali facil-
ity that ceases operations on or after January 1, 
2009, not later than 1 year after the date of ces-
sation of operations, the Administrator, in consulta-
tion with the State in which the facility is located, 
shall conduct a comprehensive mercury inventory 
covering the life and closure of the chlor-alkali facil-
ity, taking into account— 
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‘‘(A) the total quantity of mercury pur-
chased to start and operate the chlor-alkali fa-
cility; 
‘‘(B) the total quantity of mercury remain-
ing in mercury cells and other equipment at the 
time of closure of the chlor-alkali facility; 
‘‘(C) the estimated quantity of mercury in 
hazardous waste, nonhazardous solid waste, and 
products generated at the chlor-alkali facility 
during the operational life of the chlor-alkali fa-
cility; and 
‘‘(D) the estimated aggregate mercury re-
leases from the chlor-alkali facility into air and 
other environmental media. 
‘‘(2) RECORDS
AND
INFORMATION.—In car-
rying out paragraph (1), the Administrator is au-
thorized and directed to obtain mercury purchase 
records and such other information from each chlor- 
alkali facility as are necessary to determine, as accu-
rately as practicable from available information, the 
magnitude and nature of mercury releases from the 
chlor-alkali facility into air and other environmental 
media. 
‘‘(3) AUTHORITIES.—This Administrator shall 
use the authorities of section 11 and any other ap-
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