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Managing America: Environment & Resources

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Week Ending November 16, 2007

H.R.1534 To prohibit the sale, distribution, or transfer of mercury, to prohibit the export of mercury, and for other purposes.

Finding that mercury is highly toxic and unusually widespread throughout waterways of the world and the US, the bill aims to prohibit the transfer of the metal within the US and cut exports of it by 2010.

Under the Act, no Federal agency can convey, sell, or distribute to any other Federal agency, State or local government agency or any private individual elemental mercury under control of that Federal agency. The exception is transfer between Federal agencies with the purpose of storing the metal.

Effective January 1, 2010 the export of elemental mercury from the US is would be prohibited.

A report is due Congress within a year of enactment of this bill on the current use of mercuric chloride, mercurous chloride or calomel, mercuric oxide and other mercury compounds. The report shall analyze the sources and amounts of each of the mercury compounds produced in or imported into the US, the purposes for domestic use currently and beyond 2010. The report will also include assessments of the potential for those compounds to be processed into elemental mercury after being exported from the US.

An Excess Mercury Storage Advisory Committee is established to include members appointed by the House and Senate Leaders, the EPA Administrator, the Secretary of Defense, State officials, representatives of the chlorine and mercury waste treatment industries and a non-profit environmental organization.

The Committee shall report in a year on findings regarding the health and safety impact of mercury how to prevent release of the metal into the environment, worker exposure, the estimated cost of storing elemental mercury and a forty-year estimate on the amount of mercury to be stored and the necessary Federal facilities to store it. The report will also examine a public-private effort to store and process the metal.

Sponsor:  Rep. Thomas Allen (ME-1^st)

Vote: Passed House by voice vote November 13, 2007

Cost to the taxpayers: No discernible cost.

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

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-contaminated 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 statewide; and

(C) in 12 States the coastal advisories are statewide;

(6) the long-term solution to mercury pollution is to minimize global mercury use and releases 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 worldwide;

(7) mercury pollution is a transboundary pollutant, depositing 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 mercury on the world market, at relatively low prices and in ready supply, encourages the continued use of mercury outside of the United States, often involving highly dispersive activities such as artisinal gold mining;

(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 collectively are the largest source of mercury exports globally;

(11) the European Commission has proposed to the European Parliament and to the Council of the European Union a regulation to ban exports of mercury from the European Union by 2011;

(12) the United States is a net exporter of mercury and, according to the United States Geological Survey, exported 506 metric tons of mercury more than the United States imported during the period of 2000 through 2004; and

(13) banning exports of mercury from the United States will have a notable affect on the market availability of mercury and switching to affordable mercury alternatives in the developing world.

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