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.—Effective beginning January 1, 
2012, the manufacture of chlorine or caustic soda using 
mercury cells is prohibited in the United States. 
‘‘(c) REPORTING.— 
‘‘(1) IN
GENERAL.—Not later than April 1, 
2009, and annually thereafter through April 1, 
2012, the owner or operator of each chlor-alkali fa-
cility shall submit to the Administrator and the 
State in which the chlor-alkali facility is located a 
report that identifies— 
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‘‘(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 
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 
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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— 
‘‘(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 
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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 shall ob-
tain mercury purchase records and such other infor-
mation from each chlor-alkali facility as are nec-
essary to determine, as accurately as practicable 
from available information, the magnitude and na-
ture of mercury releases from the chlor-alkali facility 
into air and other environmental media.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Toxic Substances Control Act (15 U.S.C. 
2601 note) is amended by inserting after the item relating 
to section 6 the following: 
‘‘Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.’’. 
Æ 
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