I
110th CONGRESS
2d Session
H. R. 5580
IN THE HOUSE OF REPRESENTATIVES
March 11, 2008
Ms. Schakowsky (for herself, Mr. Waxman, Mr. Ellison, and Ms. Hirono) introduced the following bill; which was referred to the Committee on Energy and Commerce
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 purposes.
Short title
This Act may be cited as the
Missing Mercury in Manufacturing
Monitoring and Mitigation Act
.
Findings
Congress finds that—
mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife;
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 as many as 630,000 children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero;
the most significant source of mercury exposure to people in the United States is ingestion of mercury-contaminated fish;
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;
mercury pollution is a transboundary pollutant that—
is deposited locally, regionally, and globally; and
affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle;
of the
approximately 30 plants in the United States that produce chlorine, only 7 use
the obsolete mercury cell
chlor-alkali process, and 4 have not
yet committed to phasing out mercury use;
an estimated additional 24,000 to 30,000 tons of mercury are used at mercury cell chlor-alkali plants worldwide;
less than 10 percent of the total quantity of chlorine and caustic soda produced in the United States comes from the chlor-alkali plants described in paragraph (7) that use the mercury cell chlor-alkali process;
cost-effective alternatives are available and in use in the remaining 90 percent of chlorine and caustic soda production; and
other countries, including Japan, have already banned the mercury cell chlor-alkali process;
the chlor-alkali industry acknowledges that—
mercury can contaminate products manufactured at mercury cell facilities; and
the use of some of those products results in the direct and indirect release of mercury;
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—
to adequately account for the disposition of the mercury used at those facilities; or
to accurately estimate current mercury emissions; and
it is critically important that the United States work aggressively toward the minimization of supply, demand, and releases of mercury, both domestically and internationally.
Statement of policy
Congress declares that the United States should develop policies and programs that will—
reduce mercury use and emissions within the United States;
reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; and
reduce exposures to mercury, particularly exposures of women of childbearing age and young children.
Use of mercury in chlorine and caustic soda manufacturing
In general
Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following:
Use of mercury in chlorine and caustic soda manufacturing
Definitions
In this section:
Chlor-alkali facility
The term chlor-alkali facility
means a
facility used for the manufacture of chlorine or caustic soda using a mercury
cell process.
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).
Prohibition
Effective beginning January 1, 2012, the manufacture of chlorine or caustic soda using mercury cells is prohibited in the United States.
Reporting
In general
Not later than April 1, 2009, and annually thereafter through April 1, 2012, the owner or operator of each chlor-alkali facility shall submit to the Administrator and the State in which the chlor-alkali facility is located a report that identifies—
each type and quantity of mercury-containing hazardous waste and nonhazardous solid waste generated by the chlor-alkali facility during the preceding calendar year;
the mercury content of the wastes;
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;
the volume of mercury released, intentionally or unintentionally, into the air or water by the chlor-alkali facility, including mercury released from emissions or vaporization;
the volume of mercury estimated to have accumulated in pipes and plant equipment of the chlor-alkali facility, including a description of—
the applicable volume for each type of equipment; and
methods of accumulation; and
the quantity and forms of mercury found in all products produced for sale by the chlor-alkali facility.
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 submitted by the owner or operator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
Inventory
In general
For each chlor-alkali facility that ceases operations on or after January 1, 2009, not later than 1 year after the date of cessation of operations, the Administrator, in consultation with the State in which the facility is located, shall conduct a comprehensive mercury inventory covering the life and closure of the chlor-alkali facility, taking into account—
the total quantity of mercury purchased to start and operate the chlor-alkali facility;
the total quantity of mercury remaining in mercury cells and other equipment at the time of closure of the chlor-alkali facility;
the estimated quantity of mercury in hazardous waste, nonhazardous solid waste, and products generated at the chlor-alkali facility during the operational life of the chlor-alkali facility; and
the estimated aggregate mercury releases from the chlor-alkali facility into air and other environmental media.
Records and information
In carrying out paragraph (1), the Administrator shall obtain mercury purchase records and such other information from each chlor-alkali facility as are necessary to determine, as accurately as practicable from available information, the magnitude and nature of mercury releases from the chlor-alkali facility into air and other environmental media.
.
Conforming amendment
The table of contents 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.
.