storage, transportation, tracking and packaging require-
ments of their respective departments and agencies as 
they pertain to mercury-bearing solid waste, as defined in 
section 1004(27) of this Act, including those wastes which 
qualify as hazardous wastes under this Act, and shall pro-
mulgate, within 18-month of enactment of the Mercury 
Reclamation Act of 2006, regulations to protect public 
health and the environment governing the tracking, stor-
age, packaging, record keeping, and reporting on the ship-
ments of mercury-bearing waste. Such regulations shall 
address any deficiencies in the current regulations of the 
Administrator and of the Secretary of Transportation gov-
erning the transportation, storage, and packaging of mer-
cury-bearing wastes and intact, defective or broken mer-
cury-containing products. 
‘‘(b) TRACKING.—The regulations under this section 
shall ensure the ability of regulators and the public to 
track the generation, treatment, and disposal of mercury 
wastes and require accountability for both waste genera-
tors and treatment, storage, and disposal facilities to prop-
erly identify and document mercury wastes and comply 
with the proper treatment and disposal requirements for 
such wastes. 
‘‘(1) The regulations promulgated under this 
paragraph shall include, but not be limited to, pro-
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mulgation of regulations necessary to ensure the 
ability of regulators and the public to track the gen-
eration, treatment and disposal of devices which con-
tain mercury integral to their function and ensure 
that such devices are properly treated prior to dis-
posal. 
‘‘(2) In the case of mercury-bearing waste sub-
ject to section 3004(m), tracking requirements shall 
include a statement of whether the shipment is in-
tended to be treated to reclaim the mercury, and a 
statement of justification in the event the mercury 
contained in the waste is not being reclaimed. 
‘‘(3) Tracking standards established pursuant 
to this section for widely generated wastes, as deter-
mined by the Administrator, shall be implemented in 
a manner that improves the ability of regulators and 
the public to track the generation, treatment and 
disposal of such wastes while avoiding placing undue 
burdens on the collection and transportation of such 
wastes that would discourage the proper collection 
and treatment of such wastes. 
‘‘(c) PACKAGING STANDARDS.—Based upon the re-
view of the current packaging standards for mercury-bear-
ing waste shipments of the Department of Transportation 
and the Environmental Protection Agency, the Adminis-
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trator shall promulgate such additional standards as may 
be necessary to protect public health and the environment. 
Such regulations shall be structured so as to prevent the 
release of mercury and mercury vapor during the trans-
portation and storage of mercury bearing wastes 
‘‘(d) HOUSEHOLDS.—The tracking and packaging 
standards under this section shall not apply to wastes gen-
erated by households, as defined by the Administrator 
under this Act, until such wastes are received by a treat-
ment, storage or disposal facility. 
‘‘(e) ENFORCEMENT.—The provisions of subsections 
(a), (b), and (c) of section 3008 shall apply to violations 
of subsection (a) of this section in the same manner and 
to the same extent as such provisions apply to violations 
of subtitle C.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle D is amended by adding the following new 
item at the end thereof: 
‘‘Sec. 4012. Mercury waste packaging, tracking and storage.’’. 
SEC. 4. DEVICES CONTAINING MERCURY. 
(a) IN GENERAL.—The Solid Waste Disposal Act (42 
U.S.C. 6941 and following) is amended by adding the fol-
lowing new section at the end of subtitle D: 
‘‘SEC. 4012. MERCURY DEVICE RECYCLING. 
‘‘(a) IN GENERAL.—Effective 60 days following en-
actment of this section, each person who generates any 
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solid waste which consists of a device that contains mer-
cury integral to its function, including but not limited to 
mercury added lighting, shall 
‘‘(1) take such steps as may be necessary to in-
sure that such solid waste is treated as necessary to 
reclaim the mercury, or 
‘‘(2) transfer such solid waste to another person 
who has accepted responsibility for such reclamation. 
The Administrator shall promulgate such regulations as 
may be necessary to carry out this subsection. 
‘‘(b) HOUSEHOLD AND SMALL GENERATOR EXEMP-
TION.— 
‘‘(1) The requirements of subsection (a) shall 
not apply to any of the following categories of solid 
waste: 
‘‘(A) Solid waste from households, as de-
fined by the Administrator under this Act. 
‘‘(B) Solid waste generated by a person 
who generates during a calendar month not 
more than 15 items to which subsection (a) 
would otherwise apply so long as the mercury 
contained in the items generated in a calendar 
month does not exceed one half ounce of mer-
cury. 
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‘‘(2) The Administrator shall develop a vol-
untary compliance program to maximize the collec-
tion of mercury containing items that qualify for the 
exemption under paragraph (1) of this subsection, 
particularly those programs involving the take back 
of spent mercury lamps at the point-of-sale. 
‘‘(3) Nothing in this subsection shall affect the 
authority of any State or local government to pro-
vide for the reclamation of solid waste containing 
mercury. 
‘‘(c) STATE PROGRAMS.—Any State may notify the 
Administrator that the State has adopted a program pro-
viding for the reclamation of mercury from solid waste re-
ferred to in subsection (a). Upon receipt and acceptance 
of such notification, compliance with the requirements of 
the State program, as long as it remains in full force and 
effect, shall constitute compliance with the requirement of 
subsection (a). 
‘‘(d) ENFORCEMENT.—The provisions of subsections 
(a), (b), and (c) of section 3008 shall apply to violations 
of subsection (a) of this section in the same manner and 
to the same extent as such provisions apply to violations 
of subtitle C.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
for such subtitle D is amended by adding the following 
new item at the end thereof: 
‘‘Sec. 4012. Mercury device recycling.’’. 
(c) REEVALUATION OF SMALL GENERATOR EXEMP-
TION.—Consistent with section 3001(d)(4) of the Solid 
Waste Disposal Act regarding small quantity generators, 
the Administrator of the Environmental Protection Agen-
cy shall assess and re-evaluate whether the current 100 
kg/month exemption for small quantity generators gen-
erally, is protective of public health and the environment 
as it pertains to generators of mercury-containing wastes. 
SEC. 5. REQUIRING MERCURY RECLAMATION FROM HAZ-
ARDOUS MERCURY WASTES. 
Section 3004(m) of the Solid Waste Disposal Act (42 
U.S.C. 6924(m)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) Effective 30 days after the date of enact-
ment of this paragraph, the treatment standards ap-
plicable to all hazardous waste containing mercury 
in concentrations equal to or exceeding 260 mg/kg 
shall require the recovery of mercury from such 
waste prior to land disposal using a technology ap-
proved by the Administrator for such wastes under 
regulations issued pursuant to this subtitle. The Ad-
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ministrator may, consistent with the protection of 
human health and the environment— 
‘‘(A) limit the organic content of such 
waste that may be subjected to mercury recov-
ery technologies; 
‘‘(B) limit the use of mercury recovery 
technologies for radioactive wastes; 
‘‘(C) issue, by regulation, variances and ex-
ceptions to the required use of mercury recovery 
technologies, based on feasibility of mercury re-
covery; and 
‘‘(D) revise such treatment standards to 
incorporate the capabilities of the most ad-
vanced 
available 
mercury 
recovery 
tech-
nologies.’’. 
SEC. 6. FUNDING FOR MERCURY PROGRAMS. 
Section 2007 of the Solid Waste Disposal Act (42 
U.S.C. 6941 and following) is amended by adding the fol-
lowing new subsection at the end thereof: 
‘‘(g) FUNDING FOR MERCURY PROGRAMS.—There is 
authorized to be appropriated to the Administrator to 
award contracts, grants and other funding assistance 
needed to perform the following tasks (including coordina-
tion with the mercury product manufacturing industry, 
the mercury recycling industry, non-profit organizations, 
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and the States) not more than $50,000,000 for each fiscal 
year after the enactment of the Mercury Reclamation Act 
of 2006: 
‘‘(1) Preparing an inventory of the legitimate 
uses of mercury in commercial, industrial, consumer, 
and medical applications, and the uses of mercury 
exported from the United States. 
‘‘(2) Promoting the recovery of mercury from 
waste materials. 
‘‘(3) Enforcement of Federal regulations for the 
management of mercury wastes under section 4012 
and making grants to States for carrying out State 
regulatory programs under section 4012. 
‘‘(4) Promoting the establishment of mercury 
lamp take back programs at the point-of-sale to as-
sist consumers and small businesses in the reclama-
tion of spent mercury lamps and devices.’’. 
SEC. 7. ANNUAL REPORT. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Administrator 
shall transmit to the Congress a report on the progress 
made under this Act. Such report shall include at min-
imum each of the following: 
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(1) A progress summary of any regulatory ac-
tions taken in response to the review under section 
4011(a) of the Solid Waste Disposal Act. 
(2) A progress summary of mercury device re-
cycling efforts relating to this Act, including a quan-
titative analysis of the amount of mercury recycled. 
(3) A description of grants and amounts award-
ed under section 2007(g) of the Solid Waste Dis-
posal Act and of the criteria used for awarding those 
grants. 
(4) A detailed financial reporting of total ad-
ministration costs of carrying out this Act. 
(5) A joint summary, by the Administrator and 
appropriate State officials, that describes the coordi-
nation and communication progress and problems 
between the Federal and State Governments in car-
rying out this Act. 
(6) Recommendations for greater efficiency or 
improvement of administration of this Act. 
Æ 
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