Mercury Export Ban Act of 2008
PL 110-414 (S.906), enacted 10/14/2008

122 STAT. 4341 
PUBLIC LAW 110–414—OCT. 14, 2008 
Public Law 110–414 
110th Congress 
An Act 
To prohibit the sale, distribution, transfer, and export of elemental mercury, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mercury Export Ban Act of 
2008’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) mercury is 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 the blood at a level that 
could put a baby at risk; 
(3) as many as 630,000 children born annually in the 
United States are at risk of neurological problems related to 
mercury; 
(4) the most significant source of mercury exposure to 
people in the United States is ingestion of mercury-contami-
nated fish; 
(5) the Environmental Protection Agency reports that, as 
of 2004— 
(A) 44 States have fish advisories covering over 
13,000,000 lake acres and over 750,000 river miles; 
(B) in 21 States the freshwater advisories are state-
wide; and 
(C) in 12 States the coastal advisories are statewide; 
(6) the long-term solution to mercury pollution is to mini-
mize global mercury use and releases to eventually achieve 
reduced contamination levels in the environment, rather than 
reducing fish consumption since uncontaminated fish rep-
resents a critical and healthy source of nutrition worldwide; 
(7) mercury pollution is a transboundary pollutant, depos-
iting locally, regionally, and globally, and affecting water bodies 
near industrial sources (including the Great Lakes) and remote 
areas (including the Arctic Circle); 
(8) the free trade of elemental mercury on the world 
market, at relatively low prices and in ready supply, encourages 
the continued use of elemental mercury outside of the United 
States, often involving highly dispersive activities such as 
artisinal gold mining; 
15 USC 2611 
note. 
15 USC 2601 
note. 
Mercury Export 
Ban Act of 2008. 
Oct. 14, 2008 
[S. 906] 
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122 STAT. 4342 
PUBLIC LAW 110–414—OCT. 14, 2008 
(9) the intentional use of mercury is declining in the United 
States as a consequence of process changes to manufactured 
products (including batteries, paints, switches, and measuring 
devices), but those uses remain substantial in the developing 
world where releases from the products are extremely likely 
due to the limited pollution control and waste management 
infrastructures in those countries; 
(10) the member countries of the European Union collec-
tively are the largest source of elemental mercury exports glob-
ally; 
(11) the European Commission has proposed to the Euro-
pean Parliament and to the Council of the European Union 
a regulation to ban exports of elemental mercury from the 
European Union by 2011; 
(12) the United States is a net exporter of elemental mer-
cury and, according to the United States Geological Survey, 
exported 506 metric tons of elemental mercury more than the 
United States imported during the period of 2000 through 
2004; and 
(13) banning exports of elemental mercury from the United 
States will have a notable effect on the market availability 
of elemental mercury and switching to affordable mercury alter-
natives in the developing world. 
SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF ELE-
MENTAL MERCURY. 
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) 
is amended by adding at the end the following: 
‘‘(f) MERCURY.— 
‘‘(1) PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF 
ELEMENTAL MERCURY BY FEDERAL AGENCIES.—Except as pro-
vided in paragraph (2), effective beginning on the date of enact-
ment of this subsection, no Federal agency shall convey, sell, 
or distribute to any other Federal agency, any State or local 
government agency, or any private individual or entity any 
elemental mercury under the control or jurisdiction of the Fed-
eral agency. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to— 
‘‘(A) a transfer between Federal agencies of elemental 
mercury for the sole purpose of facilitating storage of mer-
cury to carry out this Act; or 
‘‘(B) a conveyance, sale, distribution, or transfer of 
coal. 
‘‘(3) LEASES OF FEDERAL COAL.—Nothing in this subsection 
prohibits the leasing of coal.’’. 
SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL MERCURY. 
Section 12 of the Toxic Substances Control Act (15 U.S.C. 
2611) is amended— 
(1) in subsection (a) by striking ‘‘subsection (b)’’ and 
inserting ‘‘subsections (b) and (c)’’; and 
(2) by adding at the end the following: 
‘‘(c) PROHIBITION ON EXPORT OF ELEMENTAL MERCURY.— 
‘‘(1) PROHIBITION.—Effective January 1, 2013, the export 
of elemental mercury from the United States is prohibited. 
‘‘(2) INAPPLICABILITY
OF
SUBSECTION
(a).—Subsection (a) 
shall not apply to this subsection. 
‘‘(3) REPORT TO CONGRESS ON MERCURY COMPOUNDS.— 
Effective date. 
Effective date. 
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122 STAT. 4343 
PUBLIC LAW 110–414—OCT. 14, 2008 
‘‘(A) REPORT.—Not later than one year after the date 
of enactment of the Mercury Export Ban Act of 2008, 
the Administrator shall publish and submit to Congress 
a report on mercuric chloride, mercurous chloride or cal-
omel, mercuric oxide, and other mercury compounds, if 
any, that may currently be used in significant quantities 
in products or processes. Such report shall include an anal-
ysis of— 
‘‘(i) the sources and amounts of each of the mercury 
compounds imported into the United States or manu-
factured in the United States annually; 
‘‘(ii) the purposes for which each of these com-
pounds are used domestically, the amount of these 
compounds currently consumed annually for each pur-
pose, and the estimated amounts to be consumed for 
each purpose in 2010 and beyond; 
‘‘(iii) the sources and amounts of each mercury 
compound exported from the United States annually 
in each of the last three years; 
‘‘(iv) the potential for these compounds to be proc-
essed into elemental mercury after export from the 
United States; and 
‘‘(v) other relevant information that Congress 
should consider in determining whether to extend the 
export prohibition to include one or more of these mer-
cury compounds. 
‘‘(B) PROCEDURE.—For the purpose of preparing the 
report under this paragraph, the Administrator may utilize 
the information gathering authorities of this title, including 
sections 10 and 11. 
‘‘(4) ESSENTIAL USE EXEMPTION.—(A) Any person residing 
in the United States may petition the Administrator for an 
exemption from the prohibition in paragraph (1), and the 
Administrator may grant by rule, after notice and opportunity 
for comment, an exemption for a specified use at an identified 
foreign facility if the Administrator finds that— 
‘‘(i) nonmercury alternatives for the specified use are 
not available in the country where the facility is located; 
‘‘(ii) there is no other source of elemental mercury 
available from domestic supplies (not including new mer-
cury mines) in the country where the elemental mercury 
will be used; 
‘‘(iii) the country where the elemental mercury will 
be used certifies its support for the exemption; 
‘‘(iv) the export will be conducted in such a manner 
as to ensure the elemental mercury will be used at the 
identified facility as described in the petition, and not 
otherwise diverted for other uses for any reason; 
‘‘(v) the elemental mercury will be used in a manner 
that will protect human health and the environment, taking 
into account local, regional, and global human health and 
environmental impacts; 
‘‘(vi) the elemental mercury will be handled and man-
aged in a manner that will protect human health and 
the environment, taking into account local, regional, and 
global human health and environmental impacts; and 
Publication. 
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122 STAT. 4344 
PUBLIC LAW 110–414—OCT. 14, 2008 
‘‘(vii) the export of elemental mercury for the specified 
use is consistent with international obligations of the 
United States intended to reduce global mercury supply, 
use, and pollution. 
‘‘(B) Each exemption issued by the Administrator pursuant 
to this paragraph shall contain such terms and conditions as 
are necessary to minimize the export of elemental mercury 
and ensure that the conditions for granting the exemption 
will be fully met, and shall contain such other terms and 
conditions as the Administrator may prescribe. No exemption 
granted pursuant to this paragraph shall exceed three years 
in duration and no such exemption shall exceed 10 metric 
tons of elemental mercury. 
‘‘(C) The Administrator may by order suspend or cancel 
an exemption under this paragraph in the case of a violation 
described in subparagraph (D). 
‘‘(D) A violation of this subsection or the terms and condi-
tions of an exemption, or the submission of false information 
in connection therewith, shall be considered a prohibited act 
under section 15, and shall be subject to penalties under section 
16, injunctive relief under section 17, and citizen suits under 
section 20. 
‘‘(5) CONSISTENCY WITH TRADE OBLIGATIONS.—Nothing in 
this subsection affects, replaces, or amends prior law relating 
to the need for consistency with international trade obligations. 
‘‘(6) EXPORT OF COAL.—Nothing in this subsection shall 
be construed to prohibit the export of coal.’’. 
SEC. 5. LONG-TERM STORAGE. 
(a) DESIGNATION OF FACILITY.— 
(1) IN GENERAL.—Not later than January 1, 2010, the Sec-
retary of Energy (referred to in this section as the ‘‘Secretary’’) 
shall designate a facility or facilities of the Department of 
Energy, which shall not include the Y–12 National Security 
Complex or any other portion or facility of the Oak Ridge 
Reservation of the Department of Energy, for the purpose of 
long-term management and storage of elemental mercury gen-
erated within the United States. 
(2) OPERATION OF FACILITY.—Not later than January 1, 
2013, the facility designated in paragraph (1) shall be oper-
ational and shall accept custody, for the purpose of long-term 
management and storage, of elemental mercury generated 
within the United States and delivered to such facility. 
(b) FEES.— 
(1) IN GENERAL.—After consultation with persons who are 
likely to deliver elemental mercury to a designated facility 
for long-term management and storage under the program pre-
scribed in subsection (a), and with other interested persons, 
the Secretary shall assess and collect a fee at the time of 
delivery for providing such management and storage, based 
on the pro rata cost of long-term management and storage 
of elemental mercury delivered to the facility. The amount 
of such fees— 
(A) shall be made publically available not later than 
October 1, 2012; 
(B) may be adjusted annually; and 
Public 
information. 
Deadline. 
42 USC 6939f. 
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122 STAT. 4345 
PUBLIC LAW 110–414—OCT. 14, 2008 
(C) shall be set in an amount sufficient to cover the 
costs described in paragraph (2). 
(2) COSTS.—The costs referred to in paragraph (1)(C) are 
the costs to the Department of Energy of providing such 
management and storage, including facility operation and 
maintenance, 
security, 
monitoring, 
reporting, 
personnel, 
administration, inspections, training, fire suppression, closure, 
and other costs required for compliance with applicable law. 
Such costs shall not include costs associated with land acquisi-
tion or permitting of a designated facility under the Solid 
Waste Disposal Act or other applicable law. Building design 
and building construction costs shall only be included to the 
extent that the Secretary finds that the management and stor-
age of elemental mercury accepted under the program under 
this section cannot be accomplished without construction of 
a new building or buildings. 
(c) REPORT.—Not later than 60 days after the end of each 
Federal fiscal year, the Secretary shall transmit to the Committee 
on Energy and Commerce of the House of Representatives and 
the Committee on Environment and Public Works of the Senate 
a report on all of the costs incurred in the previous fiscal year 
associated with the long-term management and storage of elemental 
mercury. Such report shall set forth separately the costs associated 
with activities taken under this section. 
(d) MANAGEMENT STANDARDS FOR A FACILITY.— 
(1) GUIDANCE.—Not later than October 1, 2009, the Sec-
retary, after consultation with the Administrator of the 
Environmental Protection Agency and all appropriate State 
agencies in affected States, shall make available, including 
to potential users of the long-term management and storage 
program established under subsection (a), guidance that estab-
lishes procedures and standards for the receipt, management, 
and long-term storage of elemental mercury at a designated 
facility or facilities, including requirements to ensure appro-
priate use of flasks or other suitable shipping containers. Such 
procedures and standards shall be protective of human health 
and the environment and shall ensure that the elemental mer-
cury is stored in a safe, secure, and effective manner. In addi-
tion to such procedures and standards, elemental mercury man-
aged and stored under this section at a designated facility 
shall be subject to the requirements of the Solid Waste Disposal 
Act, including the requirements of subtitle C of that Act, except 
as provided in subsection (g)(2) of this section. A designated 
facility in existence on or before January 1, 2013, is authorized 
to operate under interim status pursuant to section 3005(e) 
of the Solid Waste Disposal Act until a final decision on a 
permit application is made pursuant to section 3005(c) of the 
Solid Waste Disposal Act. Not later than January 1, 2015, 
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 respon-
sibilities related to elemental mercury management, transfer, 
storage, monitoring, or response. 
Deadline. 
Procedures. 
Standards. 
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122 STAT. 4346 
PUBLIC LAW 110–414—OCT. 14, 2008 
(3) EQUIPMENT.—The Secretary shall ensure that each des-
ignated facility has all equipment necessary for routine oper-
ations, emergencies, monitoring, checking inventory, loading, 
and storing elemental mercury at the facility. 
(4) FIRE DETECTION AND SUPPRESSION SYSTEMS.—The Sec-
retary 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 suppres-
sion system, unless the Secretary determines that a perma-
nent fire suppression system is not necessary to protect 
human health and the environment. 
(e) INDEMNIFICATION OF PERSONS DELIVERING ELEMENTAL MER-
CURY.— 
(1) IN GENERAL.—(A) Except as provided in subparagraph 
(B) and subject to paragraph (2), the Secretary shall hold harm-
less, 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 prop-
erty or economic loss) that results 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 
mercury is delivered to a designated facility described in sub-
section (a). 
(B) To the extent that a person described in subparagraph 
(A) contributed to any such release or threatened release, 
subparagraph (A) shall not apply. 
(2) CONDITIONS.—No indemnification may be afforded 
under this subsection unless the person seeking indemnifica-
tion— 
(A) notifies the Secretary in writing within 30 days 
after receiving written notice of the claim for which indem-
nification is sought; 
(B) furnishes to the Secretary copies of pertinent 
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 Department of Energy may 
be required to make indemnification payments to a person 
under this subsection for any suit, claim, demand or action, 
liability, judgment, 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. 
(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 indem-
nification with respect to that claim under this subsection. 
Notification. 
Deadline. 
Records. 
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122 STAT. 4347 
PUBLIC LAW 110–414—OCT. 14, 2008 
(f) TERMS, CONDITIONS, AND PROCEDURES.—The Secretary 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 paragraph (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 
Secretary under subsection (a) for 90 days or less shall be 
deemed to be accumulating the mercury to facilitate proper 
treatment, recovery, or disposal. 
(B) Elemental mercury may be stored at a facility with 
respect to which any permit has been issued under section 
3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)), 
and shall not be subject to the storage prohibition of section 
3004(j) of the Solid Waste Disposal 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 control of the owner or operator 
of the permitted facility; 
(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 permitted facility fails 
to comply with a certification provided under clause (ii) or 
(iii). 
(h) STUDY.—Not later than July 1, 2014, the Secretary shall 
transmit to the Congress the results of a study, conducted in con-
sultation with the Administrator of the Environmental Protection 
Agency, that— 
(1) determines the impact of the long-term storage 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 prohibition 
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, 2017, the Administrator 
of the Environmental Protection Agency shall transmit to the Com-
mittee on Energy and Commerce of the House of Representatives 
and the Committee 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 mercury 
Deadline. 
Certification. 
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122 STAT. 4348 
PUBLIC LAW 110–414—OCT. 14, 2008 
LEGISLATIVE HISTORY—S. 906: 
SENATE REPORTS: No. 110–477 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 26, considered and passed Senate. 
Sept. 27, 29, considered and passed House. 
traded globally that originates from primary mining, where such 
primary mining is conducted, and whether additional primary 
mining has occurred as a consequence of this Act. 
Approved October 14, 2008. 
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