(A) mercury can contaminate products 
manufactured at mercury cell facilities; and 
(B) the use of some of those products results 
in the direct and indirect release of mercury; 
(9) 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 
(10) it is critically important that the United 
States work aggressively toward the minimization of 
supply, demand, and releases of mercury, both domes-
tically and internationally. 
SEC. 3. STATEMENT OF POLICY. 
Congress declares that the United States should develop 
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 
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(3) reduce exposures to mercury, particularly ex-
posures of women of childbearing age and young chil-
dren. 
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA 
MANUFACTURING. 
(a) IN GENERAL.—Title I of the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.) is amended by inserting 
after section 6 the following: 
‘‘SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC 
SODA MANUFACTURING. 
‘‘(a) DEFINITION
OF CHLOR-ALKALI FACILITY.—In 
this section, the term ‘chlor-alkali facility’ means a facility 
used for the manufacture of chlorine or caustic soda using 
a mercury cell process. 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this subsection, it shall be unlawful to manufacture 
chlorine or caustic soda using mercury cells at any 
facility in the United States. 
‘‘(2) NOTICE.—The owner or operator of any ex-
isting chlor-alkali facility shall notify the Adminis-
trator no later than June 30, 2012, whether it will— 
‘‘(A) replace its chlor-alkali facility with a 
new manufacturing facility that does not use 
mercury; or 
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‘‘(B) cease operations. 
‘‘(3) CLOSURE.—A chlor-alkali facility for which 
a closure notice is filed under paragraph (2)(B) shall 
cease manufacturing chlorine or caustic soda using 
mercury cells no later than June 30, 2013. 
‘‘(4) REPLACEMENT.—A chlor-alkali facility for 
which a replacement notice is filed under paragraph 
(2)(A) may continue to manufacture chlorine or caus-
tic soda using mercury cells until all of the permit-
ting, financing, engineering, and construction of a 
non-mercury replacement facility is complete, or June 
30, 2015, whichever is earlier. 
‘‘(c) EXPORT BAN.—Effective on the date of the enact-
ment of this section, the export of any elemental mercury 
or the sale of elemental mercury for purposes of export, in-
cluding compounds and mixtures containing elemental 
mercury, by the owner or operator of a chlor-alkali facility 
is prohibited. 
‘‘(d) SAVINGS PROVISION.—Nothing in this section af-
fects the ability of the owner or operator of any chlor-alkali 
facility to store elemental mercury in accordance with sec-
tion 5(g)(2) of the Mercury Export Ban Act of 2008 (42 
U.S.C. 6939f).’’. 
(b) CONFORMING AMENDMENTS.—(1) The table of con-
tents of the Toxic Substances Control Act (15 U.S.C. 2601 
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note) is amended by inserting after the item relating to sec-
tion 6 the following: 
‘‘Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.’’. 
(2) Paragraphs (1) and (2) of section 15 of such Act 
are each amended by striking ‘‘or 6’’ and inserting ‘‘, 6 
or 6A’’. 
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Union Calendar No. 222 
111TH CONGRESS 
1ST SESSION 
H. R. 2190 
[Report No. 111–381] 
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 pur-
poses. 
DECEMBER 16, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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