(1) mercury and mercury compounds are highly 
toxic to humans, ecosystems, and wildlife; 
(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 hundreds of thousands of 
children born annually in the United States are at 
risk of neurological problems relating to mercury ex-
posure 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-
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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. 
‘‘(2) EXPORT BAN.—Effective on the date of 
the enactment of this section, the export of any mer-
cury, mercury cells, mercury compounds, and mix-
tures containing mercury by the owner or operator 
of a chlor-alkali facility is prohibited. 
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‘‘(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 
of the chlor-alkali facility, including a descrip-
tion of— 
‘‘(i) the applicable volume for each 
type of equipment; and 
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‘‘(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— 
‘‘(A) the total quantity of mercury pur-
chased to start and operate the chlor-alkali fa-
cility; 
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(1) TABLE OF CONTENTS.—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.’’. 
(2) ENFORCEMENT.—Section 15 of such Act is 
amended by striking out ‘‘or 6’’ and inserting ‘‘, 6, 
or 6A’’ in each place it appears. 
Æ 
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