2010, is authorized to operate under interim status 
pursuant to section 3005(e) of the Solid Waste Dis-
posal Act until a final decision on a permit applica-
tion is made pursuant to section 3005(c) of the Solid 
Waste Disposal Act. Not later than January 1, 2012, 
the Administrator of the Environmental Protection 
Agency (or an authorized State) shall issue a final 
decision on the permit application. 
(2) TRAINING.—The Secretary shall conduct 
operational training and emergency training for all 
staff that have responsibilities related to elemental 
mercury management, transfer, storage, monitoring, 
or response. 
(3) EQUIPMENT.—The Secretary shall ensure 
that each designated facility has all equipment nec-
essary for routine operations, emergencies, moni-
toring, checking inventory, loading, and storing ele-
mental mercury at the facility. 
(4) FIRE
DETECTION
AND
SUPPRESSION
SYS-
TEMS.—The Secretary shall— 
(A) ensure the installation of fire detection 
systems at each designated facility, including 
smoke detectors and heat detectors; and 
(B) ensure the installation of a permanent 
fire suppression system, unless the Secretary de-
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termines that a permanent fire suppression sys-
tem is not necessary to protect human health 
and the environment. 
(e) INDEMNIFICATION OF PERSONS DELIVERING ELE-
MENTAL MERCURY.— 
(1) IN GENERAL.—(A) Except as provided in 
subparagraph (B) and subject to paragraph (2), the 
Secretary shall hold harmless, defend, and indemnify 
in full any person who delivers elemental mercury to 
a designated facility under the program established 
under subsection (a) from and against any suit, 
claim, demand or action, liability, judgment, cost, or 
other fee arising out of any claim for personal injury 
or property damage (including death, illness, or loss 
of or damage to property or economic loss) that re-
sults from, or is in any manner predicated upon, the 
release or threatened release of elemental mercury as 
a result of acts or omissions occurring after such mer-
cury is delivered to a designated facility described in 
subsection (a). 
(B) To the extent that a person described in sub-
paragraph (A) contributed to any such release or 
threatened release, subparagraph (A) shall not apply. 
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(2) CONDITIONS.—No indemnification may be 
afforded under this subsection unless the person seek-
ing indemnification— 
(A) notifies the Secretary in writing within 
30 days after receiving written notice of the 
claim for which indemnification is sought; 
(B) furnishes to the Secretary copies of per-
tinent papers the person receives; 
(C) furnishes evidence or proof of any 
claim, loss, or damage covered by this subsection; 
and 
(D) provides, upon request by the Secretary, 
access to the records and personnel of the person 
for purposes of defending or settling the claim or 
action. 
(3) AUTHORITY
OF
SECRETARY.—(A) In any 
case in which the Secretary determines that the De-
partment of Energy may be required to make indem-
nification payments to a person under this subsection 
for any suit, claim, demand or action, liability, judg-
ment, cost, or other fee arising out of any claim for 
personal injury or property damage referred to in 
paragraph (1)(A), the Secretary may settle or defend, 
on behalf of that person, the claim for personal injury 
or property damage. 
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(B) In any case described in subparagraph (A), 
if the person to whom the Department of Energy may 
be required to make indemnification payments does 
not allow the Secretary to settle or defend the claim, 
the person may not be afforded indemnification with 
respect to that claim under this subsection. 
(f) TERMS, CONDITIONS, AND PROCEDURES.—The Sec-
retary is authorized to establish such terms, conditions, and 
procedures as are necessary to carry out this section. 
(g) EFFECT ON OTHER LAW.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this section changes or affects 
any Federal, State, or local law or the obligation of 
any person to comply with such law. 
(2) EXCEPTION.—(A) Elemental mercury that 
the Secretary is storing on a long-term basis shall not 
be subject to the storage prohibition of section 3004(j) 
of the Solid Waste Disposal Act (42 U.S.C. 6924(j)). 
For the purposes of section 3004(j) of the Solid Waste 
Disposal Act, a generator accumulating elemental 
mercury destined for a facility designated by the Sec-
retary under subsection (a) for 90 days or less shall 
be deemed to be accumulating the mercury to facili-
tate proper treatment, recovery, or disposal. 
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(B) Elemental mercury that is stored at a facil-
ity with respect to which a permit has been issued 
under section 3005(c) of the Solid Waste Disposal Act 
(42 U.S.C. 6925(c)) shall not be subject to the storage 
prohibition of section 3004(j) of the Solid Waste Dis-
posal Act (42 U.S.C. 6924(j)) if— 
(i) the Secretary is unable to accept the 
mercury at a facility designated by the Secretary 
under subsection (a) for reasons beyond the con-
trol of the owner or operator of the permitted fa-
cility; 
(ii) the owner or operator of the permitted 
facility certifies in writing to the Secretary that 
it will ship the mercury to the designated facility 
when the Secretary is able to accept the mercury; 
and 
(iii) the owner or operator of the permitted 
facility certifies in writing to the Secretary that 
it will not sell, or otherwise place into commerce, 
the mercury. 
This subparagraph shall not apply to mercury with 
respect to which the owner or operator of the per-
mitted facility fails to comply with a certification 
provided under clause (ii) or (iii). 
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(h) STUDY.—Not later than July 1, 2011, the Sec-
retary shall transmit to the Congress the results of a study, 
conducted in consultation with the Administrator of the 
Environmental Protection Agency, that— 
(1) determines the impact of the long-term stor-
age program under this section on mercury recycling; 
and 
(2) includes proposals, if necessary, to mitigate 
any negative impact identified under paragraph (1). 
SEC. 6. REPORT TO CONGRESS. 
At least 3 years after the effective date of the prohibi-
tion on export of elemental mercury under section 12(c) of 
the Toxic Substances Control Act (15 U.S.C. 2611(c)), as 
added by section 4 of this Act, but not later than January 
1, 2014, the Administrator of the Environmental Protection 
Agency shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a 
report on the global supply and trade of elemental mercury, 
including but not limited to the amount of elemental mer-
cury traded globally that originates from primary mining, 
where such primary mining is conducted, and whether ad-
ditional primary mining has occurred as a consequence of 
this Act. 
Amend the title so as to read: ‘‘A bill to prohibit cer-
tain sales, distributions, and transfers of elemental mer-
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cury, to prohibit the export of elemental mercury, and for 
other purposes.’’. 
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Union Calendar No. 275 
110TH CONGRESS 
1ST SESSION 
H. R. 1534 
[Report No. 110–444] 
A BILL 
To prohibit the sale, distribution, or transfer of 
mercury, to prohibit the export of mercury, and 
for other purposes. 
NOVEMBER 13, 2007 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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