PRINTER'S NO. 836
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 20070H0136R0836 - 3 -
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. A30L82SFL/20070H0136R0836 - 4 -