[DOCID: f:h2266ih.txt]






107th CONGRESS
  1st Session
                                H. R. 2266

   To reduce the risk of the accidental release of mercury into the 
 environment by providing for the temporary storage of private sector 
    supplies of mercury at facilities of the Department of Defense 
currently used for mercury storage, to require the Administrator of the 
 Environmental Protection Agency to appoint a task force to develop a 
     plan for the safe disposal of mercury, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2001

Mr. Allen (for himself and Mr. Baldacci) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To reduce the risk of the accidental release of mercury into the 
 environment by providing for the temporary storage of private sector 
    supplies of mercury at facilities of the Department of Defense 
currently used for mercury storage, to require the Administrator of the 
 Environmental Protection Agency to appoint a task force to develop a 
     plan for the safe 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 Storage and Safe Disposal 
Act of 2001''.

SEC. 2. AUTHORITY OF DEPARTMENT OF DEFENSE TO ACCEPT AND STORE MERCURY 
              PENDING ENVIRONMENTAL PROTECTION AGENCY DEVELOPMENT OF 
              SAFE DISPOSAL METHOD.

    (a) Acceptance of Mercury Acquired by EPA Administrator.--
Subsection (b) of section 2692 of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(12) The temporary storage of mercury acquired by the 
        Administrator of the Environmental Protection Agency from 
        private sector sources pending the development of one or more 
        disposal methods for mercury that ensure that the health 
        hazards from mercury are not transferred from one environmental 
        medium to another and that there is no release of mercury into 
        the environment. Mercury accepted for storage under this 
        paragraph shall be stored at Department of Defense 
        installations used for the storage of mercury owned by the 
        Department.''.
    (b) Duration of Storage.--Subsection (d)(2) of such section is 
amended by inserting after the first sentence the following new 
sentence: ``In the case of the storage of mercury under subsection 
(b)(12), the storage provided shall cease as soon as practicable after 
the Administrator of the Environmental Protection Agency certifies to 
the Secretary of Defense that a disposal method for mercury satisfying 
the criteria specified in such subsection has been developed.''.

SEC. 3. ACQUISITION OF MERCURY.

    The Administrator of the Environmental Protection Agency (in this 
Act referred to as the ``Administrator'') shall acquire any store of 
mercury held by private sector Chlor-alkali plants, other facilities 
who have amounts in excess of 35,000 pounds, and any other sources 
identified by the Task Force established under section 4. Such stores 
shall be transferred to the Secretary of Defense for storage under 
section 2692(b)(12) of title 10, United States Code.

SEC. 4. TASK FORCE.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall establish a Task Force 
on Safe Mercury Disposal (in this Act referred to as the ``Task 
Force'').
    (b) Membership.--The Task Force shall consist of--
            (1) one representative each from the Department of Defense, 
        the Department of Energy, and the U.S. Fish and Wildlife 
        Service;
            (2) one representative from the Environmental Council of 
        States, appointed by the Administrator;
            (3) one representative of consumer groups, appointed by the 
        Administrator;
            (4) one representative of Native American communities, 
        appointed by the Administrator;
            (5) one representative of health professionals, appointed 
        by the Administrator; and
            (6) one representative from the environmental community, 
        appointed by the Administrator.
    (c) Functions.--The Task Force shall--
            (1) identify the best methods to ensure that mercury is not 
        released into the environment, after exploration of appropriate 
        potential options including mercury stabilization, safe mercury 
        disposal technologies, and long-term storage;
            (2) assess such technologies and measures for safety, 
        efficiency, cost-effectiveness, long-term durability, and 
        public acceptability; and
            (3) identify necessary research, development, and 
        demonstration of such technologies and measures.
    (d) Reports to Congress.--
            (1) Interim report.--The Task Force shall transmit to the 
        Congress, not later than 1 year after its first meeting, a 
        report on its activities and conclusions.
            (2) Final plan.--Not later than January 1, 2003, the Task 
        Force shall prepare and transmit to the Congress and to the 
        Administrator a final plan for safe mercury disposal, which 
        shall provide for the stabilization or other appropriate 
        methods of retiring the mercury. Such plan shall ensure that 
        the health hazards from mercury are not transferred from one 
        environmental medium to another and that there is no release of 
        mercury into the environment, and shall provide for the 
        involvement of States and the public.

SEC. 5. EXECUTION OF PLAN.

    The Administrator shall carry out research, development, and 
demonstration recommended by the Task Force, and shall provide for the 
disposal of mercury stored under section 2692(b)(12) of title 10, 
United States Code, and other mercury in the possession of the United 
States Government, in accordance with the plan prepared under section 
4(d)(2).
                                 <all>