[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 28 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
S. CON. RES. 28

    Expressing the sense of Congress that the Administrator of the 
 Environmental Protection Agency should take immediate steps to abate 
   emissions of mercury and release to Congress the study of mercury 
       required under the Clean Air Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 1997

  Mr. Leahy (for himself, Mr. Wellstone, Mr. Levin, Mr. Jeffords, Mr. 
  Moynihan, Mr. Lieberman, Mr. Feingold, and Mr. Dodd) submitted the 
following concurrent resolution; which was referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
    Expressing the sense of Congress that the Administrator of the 
 Environmental Protection Agency should take immediate steps to abate 
   emissions of mercury and release to Congress the study of mercury 
       required under the Clean Air Act, and for other purposes.

Whereas there has been a two-to-threefold global increase in mercury in the 
        environment since the 1850's, increases of 3 times have been found in 
        wilderness areas of the United States, and much higher increases have 
        been found in developed areas of the United States;
Whereas mercury is truly a State, national, and international concern because 
        mercury is atmospherically transported indiscriminately across political 
        boundaries;
Whereas atmospheric deposition resulting from human activities, including area 
        sources, waste incineration and disposal, and fossil fuel burning 
        contributes to mercury loading in the environment;
Whereas mercury is a persistent bioaccumulative toxic substance that presents 
        particular problems in aquatic systems;
Whereas fish consumption advisories have been issued for at least 1,500 water 
        bodies in 37 States, including Vermont, because of high levels of 
        mercury contamination in fish, resulting in losses to tourism and 
        fishing industries and related activities;
Whereas, according to estimates by the Administrator of the Environmental 
        Protection Agency, each year in the United States between 80,000 and 
        85,000 pregnant women are exposed to mercury levels high enough to 
        produce risk to their children;
Whereas the study of mercury required under section 112(n)(1)(B) of the Clean 
        Air Act (42 U.S.C. 7412(n)(1)(B)), required to be completed by November 
        15, 1994, represents the best information in the world on the use, 
        generation, and disposal of mercury;
Whereas the Administrator of the Environmental Protection Agency effectively 
        completed the draft report in 1995, but has continually delayed 
        submittal of the study to Congress;
Whereas there are known substitutes for most mercury-containing products and 
        devices, except for high-efficiency lighting;
Whereas over 500,000,000 mercury-containing lamps are annually produced in the 
        United States, representing one of the largest sources of mercury in 
        municipal waste streams, and typical waste management practices involve 
        compaction, which results in mercury releases, before and during 
        disposal;
Whereas landfill air emissions test data for mercury is lacking;
Whereas the Administrator of the Environmental Protection Agency is establishing 
        simultaneously maximum achievable control technologies for mercury 
        sources pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), 
        proposing tightening water quality criteria for mercury under the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), placing 
        priority on mercury-contaminated superfund sites, but is proposing to 
        exempt mercury-containing lamps from hazardous waste regulations;
Whereas the United States and Canada have jointly agreed in the Agreement on Air 
        Quality, Agreement on Great Lakes Water Quality, 1978, and Agreement on 
        Virtual Elimination of Persistent Toxic Substances in the Great Lakes 
        Basin to control transboundary emissions and to cooperate on research 
        and development projects to eliminate toxic substances, including 
        mercury; and
Whereas Federal and State governments have taken many actions to reduce mercury 
        in the environment: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that the Administrator of the 
Environmental Protection Agency should--
            (1) immediately release to Congress the study of mercury 
        required under section 112(n)(1)(B) of the Clean Air Act (42 
        U.S.C. 7412(n)(1)(B));
            (2) initiate a pilot program for landfill air emission 
        tests for mercury in the Northeast and nationally; and
            (3) not exempt mercury-containing lamps from hazardous 
        waste regulations, but should instead adopt universal waste 
        rules that foster mercury recycling.
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