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                                                       PRINTER'S NO. 836

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 136 Session of 2007


        INTRODUCED BY JOSEPHS, CALTAGIRONE, COHEN, DePASQUALE, FABRIZIO,
           FRANKEL, HERSHEY, KORTZ, PALLONE, SIPTROTH, THOMAS AND
           YOUNGBLOOD, MARCH 19, 2007

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           MARCH 19, 2007

                            A CONCURRENT RESOLUTION

     1  Urging the President and Congress of the United States to ban
     2     exportation of elemental mercury.

     3     WHEREAS, Mercury and mercury compounds are highly toxic to
     4  humans, ecosystems and wildlife; and
     5     WHEREAS, As many as 10% of women of childbearing age in the
     6  United States have mercury in their blood at a level which could
     7  put a baby at risk; and
     8     WHEREAS, As many as 630,000 children born annually in the
     9  United States are at risk of neurological problems related to
    10  mercury; and
    11     WHEREAS, The most significant source of human mercury
    12  exposure in the United States is ingestion of mercury-
    13  contaminated fish; and
    14     WHEREAS, The Environmental Protection Agency reports that as
    15  of 2004:
    16         (1)  44 states have fish advisories covering more than 13
    17     million lake acres and more than 750,000 river miles;

     1         (2)  freshwater advisories are statewide in 21 states;
     2         (3)  coastal advisories are statewide in 12 states;
     3  and
     4     WHEREAS, Since uncontaminated fish represent a critical and
     5  healthy source of nutrition worldwide, the long-term solution to
     6  mercury pollution is not to reduce fish consumption, but rather
     7  to minimize global mercury use and releases and thereby
     8  eventually achieve reduced contamination levels in the
     9  environment; and
    10     WHEREAS, Mercury pollution is a transboundary pollutant,
    11  depositing locally, regionally and globally, and affects water
    12  bodies (including Lake Champlain) near industrial sources and
    13  remote areas (including the Arctic Circle); and
    14     WHEREAS, The free trade of mercury and mercury compounds on
    15  the world market at relatively low prices and in ready supply
    16  encourages the continued use of mercury outside the United
    17  States and often involves highly dispersive activities such as
    18  small-scale gold mining in developing countries; and
    19     WHEREAS, Although the intentional use of mercury is declining
    20  in the United States as a consequence of process changes in the
    21  manufacturing of products (including batteries, paints, switches
    22  and measuring devices), those uses remain substantial in the
    23  developing world, where releases from the products are extremely
    24  likely due to limited pollution control and waste management
    25  infrastructures in those countries; and
    26     WHEREAS, The member countries of the European Union
    27  collectively are the largest source of mercury exports globally;
    28  and
    29     WHEREAS, The European Union is in the process of enacting
    30  legislation prohibiting mercury exports by not later than 2011;
    20070H0136R0836                  - 2 -     

     1  and
     2     WHEREAS, According to the United States Geologic Survey, from
     3  2000 through 2004 the United States exported 506 metric tons of
     4  mercury more than it imported, making it a net exporter of
     5  mercury; and
     6     WHEREAS, The Environmental Council of States has adopted a
     7  resolution requesting the President of the United States to
     8  issue a directive to Federal agencies, including the Department
     9  of Defense and the Environmental Protection Agency, involved in
    10  the storage and management of mercury to work to recommend a
    11  plan to manage the long-term storage of mercury; and
    12     WHEREAS, Banning exports of mercury from the United States
    13  will have a notable effect worldwide on the market availability
    14  of mercury and will facilitate switching to affordable mercury
    15  alternatives throughout the developing world; therefore be it
    16     RESOLVED (the Senate concurring), That the General Assembly
    17  of the Commonwealth of Pennsylvania urge the Congress of the
    18  United States to enact legislation:
    19         (1)  Prohibiting the sale, distribution or transfer of
    20     elemental mercury by the Department of Defense and the
    21     Department of Energy to any other department or agency of the
    22     Federal Government, any state or local government or any
    23     private person or entity.
    24         (2)  Prohibiting the export of elemental mercury from the
    25     United States.
    26         (3)  Authorizing the President, subject to notification
    27     and justification requirements, to prohibit the export of any
    28     mercury compound from the United States as necessary to avoid
    29     subversion of the export ban.
    30         (4)  Requiring the President to establish storage
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     1     capacity sufficient to safely store quantities of elemental
     2     mercury and any mercury compounds covered by the prohibitions
     3     in excess of quantities necessary for domestic consumption
     4     and to establish necessary regulations with respect to the
     5     establishment and operation of these storage facilities;
     6  and be it further
     7     RESOLVED, That a copy of this resolution be transmitted to
     8  the President of the United States, to the presiding officers of
     9  each house of Congress and to the members of Congress from
    10  Pennsylvania.














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