I 
110TH CONGRESS 
2D SESSION 
H. R. 5580 
To amend the Toxic Substances Control Act to phase out the use of mercury 
in the manufacture of chlorine and caustic soda, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2008 
Ms. SCHAKOWSKY (for herself, Mr. WAXMAN, Mr. ELLISON, and Ms. HIRONO) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to phase out 
the use of mercury in the manufacture of chlorine and 
caustic soda, 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 ‘‘Missing Mercury in 
Manufacturing Monitoring and Mitigation Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) mercury and mercury compounds are highly 
toxic to humans, ecosystems, and wildlife; 
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(2) as many as 10 percent of women in the 
United States of childbearing age have mercury in 
their bloodstreams at a level that could pose risks to 
their unborn babies, and as many as 630,000 chil-
dren born annually in the United States are at risk 
of neurological problems relating to mercury expo-
sure in utero; 
(3) the most significant source of mercury expo-
sure to people in the United States is ingestion of 
mercury-contaminated fish; 
(4) the long-term solution to mercury pollution 
is to minimize global mercury use and releases of 
mercury to eventually achieve reduced contamination 
levels in the environment, rather than reducing fish 
consumption, since uncontaminated fish represents a 
critical and healthy source of nutrition for people 
worldwide; 
(5) mercury pollution is a transboundary pollut-
ant that— 
(A) is deposited locally, regionally, and 
globally; and 
(B) affects bodies of water near industrial 
areas, such as the Great Lakes, as well as bod-
ies of water in remote areas, such as the Arctic 
Circle; 
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(6) of the approximately 30 plants in the 
United States that produce chlorine, only 7 use the 
obsolete ‘‘mercury cell’’ chlor-alkali process, and 4 
have not yet committed to phasing out mercury use; 
(7) an estimated additional 24,000 to 30,000 
tons of mercury are used at mercury cell chlor-alkali 
plants worldwide; 
(8)(A) less than 10 percent of the total quan-
tity of chlorine and caustic soda produced in the 
United States comes from the chlor-alkali plants de-
scribed in paragraph (7) that use the mercury cell 
chlor-alkali process; 
(B) cost-effective alternatives are available and 
in use in the remaining 90 percent of chlorine and 
caustic soda production; and 
(C) other countries, including Japan, have al-
ready banned the mercury cell chlor-alkali process; 
(9) 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; 
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(10) despite those quantities of mercury known 
to have been used or to be in use, neither the chlor- 
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 
(11) 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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