To amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting use of mercury fever thermometers and improving collection, recycling, and disposal of mercury, and for other purposes.

February 15, 2001

Ms. COLLINS (for herself and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting use of mercury fever thermometers and improving collection, recycling, and disposal of 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 Reduction and Disposal Act of 2001'.

SEC. 2. FINDINGS.

Congress finds that--

(1) mercury is a persistent and toxic pollutant that bioaccumulates in the environment;

(2) according to recent studies, mercury deposition is a significant public health threat in many States throughout the United States;

(3) 40 States have issued fish advisories that warn certain individuals to restrict or avoid consuming mercury-contaminated fish from affected bodies of water;

(4) according to a report by the National Academy of Sciences, over 60,000 children are born each year in the United States at risk for adverse neurodevelopmental effects due to exposure to methyl mercury in utero;

(5) studies have documented that exposure to elevated levels of mercury in the environment results in serious harm to species of wildlife that consume fish;

(6) combustion of municipal and other solid waste is a major source of mercury emissions in the United States;

(7) according to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year;

(8) the Governors of the New England States have endorsed a regional goal of `the virtual elimination of the discharge of anthropogenic mercury into the environment';

(9) mercury fever thermometers are easily broken, creating a potential risk of dangerous exposure to mercury vapor in indoor air and risking mercury contamination of the environment; and

(10) according to the Environmental Protection Agency, the quantity of mercury in 1 mercury fever thermometer, approximately 1 gram, is enough to contaminate all fish in a lake with a surface area of 20 acres.

SEC. 3. MERCURY.

(a) IN GENERAL- Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following:

`SEC. 3024. MERCURY.

`(a) PROHIBITION ON SALE OF MERCURY FEVER THERMOMETERS EXCEPT BY PRESCRIPTION- Effective beginning 180 days after the date of enactment of this section--

`(1) a person shall not sell or supply mercury fever thermometers to consumers, except by prescription; and

`(2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on--

`(A) careful handling of the thermometer to avoid breakage; and

`(B) proper cleanup of the thermometer and its contents in the event of breakage.

`(b) THERMOMETER EXCHANGE PROGRAM- The Administrator shall make grants to States, municipalities, nonprofit organizations, or other suitable entities for implementation of a national program for the collection of mercury fever thermometers from households and their exchange for thermometers that do not contain mercury.

`(c) DISPOSAL OF COLLECTED MERCURY WASTE-

`(1) INTERAGENCY TASK FORCE-

`(A) ESTABLISHMENT- There is established an advisory committee to be known as the `Interagency Task Force on Mercury' (referred to in this section as the `Task Force').

`(B) MEMBERSHIP- The Task Force shall be composed of 7 members, of whom--

`(i) 1 member shall be the Administrator, who shall serve as Chairperson of the Task Force;

`(ii) 1 member shall be appointed by each of--

`(I) the Secretary of State;

`(II) the Secretary of Defense;

`(III) the Secretary of Energy; and

`(IV) the Director of the National Institute of Environmental Health Sciences of the Department of Health and Human Services;

`(iii) 1 member shall be appointed by the President to represent the American Public Health Association; and

`(iv) 1 member shall be appointed by the President from the Environmental Council of the States.

`(C) DATE OF APPOINTMENTS- The appointment of a member of the Task Force shall be made not later than 30 days after the date of enactment of this section.

`(D) TERM; VACANCIES-

`(i) TERM- A member shall be appointed for the life of the Task Force.

`(ii) VACANCIES- A vacancy on the Task Force--

`(I) shall not affect the powers of the Task Force; and

`(II) shall be filled in the same manner as the original appointment was made.

`(E) MEETINGS-

`(i) INITIAL MEETING- Not later than 30 days after the date on which all members of the Task Force have been appointed, the Task Force shall hold the initial meeting of the Task Force.

`(ii) CALLING OF MEETINGS- The Task Force shall meet at the call of the Chairperson.

`(iii) QUORUM- A majority of the members of the Task Force shall constitute a quorum, but a lesser number of members may hold hearings.

`(F) DUTIES- Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to Congress a report containing recommendations concerning--

`(i) the long-term management and retirement of mercury collected from--

`(I) mercury fever thermometers;

`(II) other medical and commercial sources; and

`(III) government sources, including mercury stored by the Department of Defense and the Department of Energy;

`(ii) collection of mercury from industrial or other sources in the United States in cases in which the mercury is no longer needed, such as from retired chlor-alkali plants;

`(iii) programs to test the long-term durability of promising technologies for sequestration of mercury that has been retired from use;

`(iv) storage of mercury collected or sequestered under clause (i), (ii), or (iii) in a manner that ensures that there is no release of the mercury into the environment;

`(v) reduction of the total threat posed by mercury to humans and the environment; and

`(vi) reduction of the total quantity of mercury produced, used, and released on a global basis, including whether and how--

`(I) the quantity of virgin mercury mined from the ground and placed in circulation each year can be reduced through bilateral or international agreements or other means;

`(II) the quantity of mercury used in products and manufacturing can be reduced through substitution of mercury-free alternatives that are safer, available, and affordable; and

`(III) essential mercury needs can be met through use of stockpiles in existence on the date of enactment of this section and increased recycling rather than through use of virgin mercury.

`(G) HEARINGS- The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out this section.

`(H) INFORMATION FROM FEDERAL AGENCIES-

`(i) IN GENERAL- The Task Force may secure directly from a Federal agency such information as the Task Force considers necessary to carry out this section.

`(ii) PROVISION OF INFORMATION- On request of the Chairperson of the Task Force, the head of the agency shall provide the information to the Task Force.

`(I) POSTAL SERVICES- The Task Force may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

`(J) GIFTS- The Task Force may accept, use, and dispose of gifts or donations of services or property.

`(K) COMPENSATION OF MEMBERS; TRAVEL EXPENSES-

`(i) NON-FEDERAL EMPLOYEES- A member of the Task Force who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Task Force.

`(ii) FEDERAL EMPLOYEES- A member of the Task Force who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

`(iii) TRAVEL EXPENSES- A member of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Task Force.

`(L) STAFF AND FUNDING-

`(i) DETERMINATION- The Chairperson of the Task Force shall determine the level of staff and funding that are adequate to carry out the activities of the Task Force.

`(ii) SOURCE- The staff and funding shall be provided by and drawn equally from the resources of--

`(I) the Department of Energy;

`(II) the Department of Defense; and

`(III) the Environmental Protection Agency.

`(iii) APPOINTMENT OF STAFF- The Chairperson may, without regard to the civil service laws (including regulations), appoint and terminate such staff as are necessary to enable the Task Force to perform the duties of the Task Force.

`(iv) COMPENSATION-

`(I) IN GENERAL- Except as provided in subclause (II), the Chairperson may fix the compensation of the staff of the Task Force that are not officers or employees of the Federal Government without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

`(II) MAXIMUM RATE OF PAY- The rate of pay for the staff shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

`(v) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES-

`(I) IN GENERAL- An employee of the Federal Government may be detailed to the Task Force without reimbursement.

`(II) CIVIL SERVICE STATUS- The detail of the employee shall be without interruption or loss of civil service status or privilege.

`(vi) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Task Force may procure for the purposes of the Task Force temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

`(M) TERMINATION OF TASK FORCE- The Task Force shall terminate on the date that is 90 days after the date on which the Task Force submits the report required under subparagraph (F).

`(2) RESPONSIBILITY OF THE ADMINISTRATOR FOR SAFE DISPOSAL AND STORAGE OF MERCURY- In consultation with the Task Force, the Administrator shall--

`(A)(i) take title to the mercury collected under the thermometer exchange program established under subsection (b), or an equivalent quantity of mercury; and

`(ii) manage (or designate a contractor to manage) the mercury collected in a manner that ensures that the mercury collected is not released into the environment or reintroduced into commerce; and

`(B)(i) identify potential mercury stabilization technologies and measures that ensure minimal release of mercury into the environment; and

`(ii) conduct such research, development, and demonstration of the technologies and measures as the Administrator determines to be appropriate.

`(d) RELATION TO OTHER LAW- Nothing in this section--

`(1) precludes any State from imposing any additional requirement; or

`(2) diminishes any obligation, liability, or other responsibility under other Federal law.

`(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $20,000,000, of which--

`(1) not more than 2.5 percent shall be used to carry out the activities of the Task Force; and

`(2) not more than 2.5 percent shall be used to carry out subsection (c)(2)(B).'.

(b) CONFORMING AMENDMENT- Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following:

`Sec. 3024. Mercury.'.

END