[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2729 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2729

  To amend the Clean Air Act to establish requirements concerning the 
operation of fossil fuel-fired electric utility steam generating units, 
commercial and industrial boiler units, solid waste incineration units, 
 medical waste incinerators, hazardous waste combustors, chlor-alkali 
 plants, and Portland cement plants to reduce emissions of mercury to 
                the environment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2001

    Mr. Allen (for himself, Mr. Saxton, Mr. Bonior, Mr. Waxman, Mr. 
 Abercrombie, Ms. Baldwin, Mr. Baldacci, Mr. Barrett of Wisconsin, Mr. 
   Capuano, Mr. Delahunt, Mr. Ferguson, Mr. Hinchey, Mr. Inslee, Mr. 
Kennedy of Rhode Island, Ms. Kilpatrick, Mr. Kucinich, Mr. Lantos, Ms. 
   Lee, Ms. McKinney, Mrs. Maloney of New York, Mr. George Miller of 
   California, Mr. Neal of Massachusetts, Mr. Olver, Mr. Quinn, Mr. 
  Sanders, Ms. Schakowsky, Mr. Serrano, and Mr. Stark) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to establish requirements concerning the 
operation of fossil fuel-fired electric utility steam generating units, 
commercial and industrial boiler units, solid waste incineration units, 
 medical waste incinerators, hazardous waste combustors, chlor-alkali 
 plants, and Portland cement plants to reduce emissions of mercury to 
                the environment, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus Mercury 
Emissions Reduction Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Mercury emission standards for fossil fuel-fired electric 
                            utility steam generating units.
Sec. 4. Mercury emission standards for coal- and oil-fired commercial 
                            and industrial boiler units.
Sec. 5. Reduction of mercury emissions from solid waste incineration 
                            units.
Sec. 6. Mercury emission standards for chlor-alkali plants.
Sec. 7. Mercury emission standards for Portland cement plants.
Sec. 8. Report on implementation of mercury emission standards for 
                            medical waste incinerators.
Sec. 9. Report on implementation of mercury emission standards for 
                            hazardous waste combustors.
Sec. 10. Report on use of mercury and mercury compounds by Department 
                            of Defense.
Sec. 11. International activities.
Sec. 12. Mercury research.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) on the basis of available scientific and medical 
        evidence, exposure to mercury and mercury compounds 
        (collectively referred to in this Act as ``mercury'') is of 
        concern to human health and the environment;
            (2) pregnant women and their fetuses, women of childbearing 
        age, children, and individuals who subsist primarily on fish, 
        are most at risk for mercury-related health impacts such as 
        neurotoxicity;
            (3) the National Academy of Sciences reports that 60,000 
        children are born each year in the United States at risk from 
        neurodevelopmental effects due to exposure to methyl mercury;
            (4) although exposure to mercury occurs most frequently 
        through consumption of mercury-contaminated fish, such exposure 
        can also occur through--
                    (A) ingestion of drinking water, and food sources 
                other than fish, that are contaminated with methyl 
                mercury;
                    (B) dermal uptake through soil and water; and
                    (C) inhalation of contaminated air;
            (5) on the basis of the report entitled ``Mercury Study 
        Report to Congress'' and submitted by the Environmental 
        Protection Agency under section 112(n)(1)(B) of the Clean Air 
        Act (42 U.S.C. 7412(n)(1)(B)), the major sources of mercury 
        emissions in the United States are, in descending order of 
        volume of emissions--
                    (A) fossil fuel-fired electric utility steam 
                generating units;
                    (B) solid waste incineration units;
                    (C) coal- and oil-fired commercial and industrial 
                boiler units;
                    (D) medical waste incinerators;
                    (E) hazardous waste combustors;
                    (F) chlor-alkali plants; and
                    (G) Portland cement plants;
            (6)(A) the Environmental Protection Agency report described 
        in paragraph (5), in conjunction with available scientific 
        knowledge, supports a plausible link between mercury emissions 
        from anthropogenic combustion and industrial sources and 
        mercury concentrations in air, soil, water, and sediments;
            (B) the Environmental Protection Agency has concluded that 
        the geographical areas that have the highest annual rate of 
        deposition of mercury in all forms are--
                    (i) the southern Great Lakes and Ohio River Valley;
                    (ii) the Northeast and southern New England; and
                    (iii) scattered areas in the South, with the most 
                elevated deposition occurring in the Miami and Tampa 
                areas and 2 areas in northeast Texas; and
            (C) analysis conducted before the date of the Environmental 
        Protection Agency report demonstrates that mercury is being 
        deposited into the waters of Canada;
            (7)(A) the Environmental Protection Agency report described 
        in paragraph (4) supports a plausible link between mercury 
        emissions from anthropogenic combustion and industrial sources 
        and concentrations of methyl mercury in freshwater fish;
            (B) 40 states have issued fish advisories that warn certain 
        individuals to restrict or avoid consuming mercury-contaminated 
        fish from affected water bodies;
            (C) the health and environmental concern caused by mercury 
        has encouraged some States to regulate mercury, including 
        legislation such as mandating source separation; landfill and 
        incinerator disposal bans; manufacturer requirements for 
        product labeling; phase-outs (i.e., banning sale of mercury 
        thermometers and novelties); notifications of products and 
        formulations containing mercury; and extended producer 
        responsibility;
            (D) the sale of mercury thermometers has been been banned 
        by cities such as San Francisco, California; Duluth and Fergus 
        Falls, Minnesota; Ann Arbor, Michigan; Dane County, Deforest 
        and Stoughton Wisconsin; Freeport, Maine; and Boston, 
        Massachusetts; and
            (E) the United States and Canada have agreed on a goal of 
        virtual elimination of mercury from the transboundary waters of 
        the 2 countries;
            (8) the presence of mercury in consumer products is of 
        concern in light of the health consequences associated with 
        exposure to mercury;
            (9) the presence of mercury in certain batteries and 
        fluorescent light bulbs is of special concern, particularly in 
        light of the substantial quantities of used batteries and 
        fluorescent light bulbs that are discarded annually in the 
        solid waste stream and the potential for environmental and 
        health consequences associated with land disposal, composting, 
        or incineration of the batteries and light bulbs; and
            (10) a comprehensive study of the use of mercury by the 
        Department of Defense would significantly further the goal of 
        reducing mercury pollution.
    (b) Purposes.--The purposes of this Act are--
            (1) to greatly reduce the quantity of mercury entering the 
        environment by controlling air emissions of mercury from fossil 
        fuel-fired electric utility steam generating units, coal- and 
        oil-fired commercial and industrial boiler units, solid waste 
        incineration units, medical waste incinerators, hazardous waste 
        combustors, chlor-alkali plants, and Portland cement plants;
            (2) to reduce the quantity of mercury entering solid waste 
        landfills, incinerators, and composting facilities by promoting 
        recycling or proper disposal of used batteries, fluorescent 
        light bulbs, and other products containing mercury;
            (3) to increase the understanding of the volume and sources 
        of mercury emissions throughout North America;
            (4) to promote efficient and cost-effective methods of 
        controlling mercury emissions;
            (5) to promote permanent, safe, and stable disposal of 
        mercury recovered through coal cleaning, flue gas control 
        systems, and other methods of mercury pollution control;
            (6) to reduce the use of mercury in cases in which 
        technologically and economically feasible alternatives are 
        available;
            (7) to educate the public concerning the collection, 
        recycling, and proper disposal of mercury-containing products;
            (8) to increase public knowledge of the sources of mercury 
        exposure and the threat to public health, particularly the 
        threat to the health of pregnant women and their fetuses, women 
        of childbearing age, children, and individuals who subsist 
        primarily on fish;
            (9) to significantly decrease the threat to human health 
        and the environment posed by mercury; and
            (10) to ensure that the health of sensitive populations, 
        whether in the United States, Canada, or Mexico, is protected, 
        with an adequate margin of safety, against adverse health 
        effects caused by mercury.

SEC. 3. MERCURY EMISSION STANDARDS FOR FOSSIL FUEL-FIRED ELECTRIC 
              UTILITY STEAM GENERATING UNITS.

    Section 112 of the Clean Air Act (42 U.S.C. 7412) is amended--
            (1) by redesignating subsection (s) as subsection (x); and
            (2) by inserting after subsection (r) the following:
    ``(s) Mercury Emission Standards for Electric Utility Steam 
Generating Units.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the emission of mercury and mercury 
                compounds (collectively referred to in this subsection 
                as `mercury') applicable to existing and new electric 
                utility steam generating units.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                electric utility steam generating unit shall have an 
                enforceable permit issued under title V that complies 
                with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each electric utility steam generating unit 
                shall achieve compliance with the mercury emission 
                standards established under subparagraph (A) in 
                accordance with the procedures and schedules 
                established under subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--Subject 
                to subparagraph (C), the emission standards established 
                under paragraph (1)(A) shall require that each electric 
                utility steam generating unit reduce its annual 
                poundage of mercury emitted, as calculated under 
                subparagraph (B), below its mercury emission baseline, 
                as calculated under paragraph (3)(D), by not less than 
                90 percent.
                    ``(B) Calculation of annual poundage of mercury 
                emitted.--
                            ``(i) In general.--For each electric 
                        utility steam generating unit (referred to in 
                        this subparagraph as a `unit') and each 
                        calendar year, the Administrator shall 
                        calculate the poundage of mercury emitted per 
                        unit for the calendar year, which shall be 
                        equal to the product obtained by multiplying--
                                    ``(I) the fuel consumption 
                                determined under clause (ii) for the 
                                unit for the calendar year; by
                                    ``(II) the average mercury content 
                                determined under clause (iii) for the 
                                unit for the calendar year.
                            ``(ii) Fuel consumption.--The fuel 
                        consumption for a unit shall be equal to the 
                        annual average quantity of millions of British 
                        thermal units (referred to in this subparagraph 
                        as `mmBtu's') consumed by the unit during the 
                        calendar year, as submitted to the Secretary of 
                        Energy on Department of Energy Form 767.
                            ``(iii) Average mercury content.--
                                    ``(I) Specific data.--The average 
                                mercury content per mmBtu of fuel 
                                consumed by a unit shall be determined 
                                using the best available data from the 
                                Department of the Interior and the 
                                Department of Energy that characterize 
                                the average mercury content of the fuel 
                                consumed by the unit during the 
                                calendar year.
                                    ``(II) Estimated data.--If specific 
                                mercury content data from the 
                                Department of the Interior and the 
                                Department of Energy are not available, 
                                the average mercury content shall be 
                                estimated using the average mercury 
                                content of fossil fuel from mines or 
                                wells in the geographic region of each 
                                mine or well that supplies the unit.
                    ``(C) Emission trading within a generating 
                station.--
                            ``(i) In general.--For the purpose of this 
                        subsection, taking into consideration the cost 
                        of achieving the emission reduction, the 
                        Administrator may allow emission trading among 
                        the electric utility steam generating units 
                        contained in a power generating station at a 
                        single site if the aggregate annual reduction 
                        from all such units at the power generating 
                        station is not less than 90 percent.
                            ``(ii) Underlying data.--In carrying out 
                        clause (i), the Administrator shall use mercury 
                        emission data calculated under paragraph 
                        (3)(D).
                    ``(D) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material or fuel, or other 
                        method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, work 
                        practice, or operational standards (including 
                        requirements for operator training or 
                        certification) in accordance with subsection 
                        (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Other requirements.--
                                    ``(I) In general.--The requirements 
                                for monitoring and analysis under this 
                                subparagraph shall include--
                                            ``(aa) such requirements 
                                        that result in a representative 
                                        determination of mercury in ash 
                                        and sludge; and
                                            ``(bb) such combination of 
                                        requirements for continuous or 
                                        other reliable and 
                                        representative emission 
                                        monitoring methods that results 
                                        in a representative 
                                        determination of mercury in 
                                        fuel as received by each 
                                        electric utility steam 
                                        generating unit;
                                as are requisite to provide accurate 
                                and reliable data for determining 
                                baseline and controlled emissions of 
                                mercury from each electric utility 
                                steam generating unit.
                                    ``(II) Minimum requirement.--If, 
                                under subclause (I)(bb), the 
                                Administrator does not require an 
                                electric utility steam generating unit 
                                to use direct emission monitoring 
                                methods, the requirements under 
                                subclause (I)(bb) shall, at a minimum, 
                                result in representative determinations 
                                of mercury in fuel as received by the 
                                electric utility steam generating unit 
                                at such frequencies as are sufficient 
                                to determine whether compliance with 
                                this subsection is continuous.
                            ``(iv) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) and subparagraph (B)(iii) 
                        shall be signed by a responsible official of 
                        the electric utility steam generating unit, who 
                        shall certify the accuracy of the report.
                    ``(D) Mercury emission baseline.--
                            ``(i) In general.--For each electric 
                        utility steam generating unit (referred to in 
                        this subparagraph as a `unit'), the 
                        Administrator shall calculate the baseline 
                        annual average poundage of mercury emitted per 
                        unit, which shall be equal to the product 
                        obtained by multiplying--
                                    ``(I) the baseline fuel consumption 
                                determined under clause (ii) for the 
                                unit; by
                                    ``(II) the baseline average mercury 
                                content determined under clause (iii) 
                                for the unit.
                            ``(ii) Baseline fuel consumption.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1996.--For each unit 
                                that began commercial operation before 
                                January 1, 1996, the baseline fuel 
                                consumption shall be equal to the 
                                annual average quantity of millions of 
                                British thermal units (referred to in 
                                this subparagraph as `mmBtu's') 
                                consumed by the unit during the period 
                                of calendar years 1996, 1997, and 1998, 
                                as submitted annually to the Secretary 
                                of Energy on Department of Energy Form 
                                767 (referred to in this clause as 
                                `Form 767').
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1996, and 
                                180 days after enactment.--Subject to 
                                subclause (III), for each unit that 
                                begins commercial operation between 
                                January 1, 1996, and the date that is 
                                180 days after the date of enactment of 
                                this subparagraph, the baseline fuel 
                                consumption shall be based on the 
                                annual average of the fuel use data 
submitted on Form 767 for each full year of commercial operation that 
begins on or after January 1, 1996.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--For each unit 
                                that has not been in commercial 
                                operation for at least 1 year as of the 
                                date that is 180 days after the date of 
                                enactment of this subparagraph, the 
                                Administrator may determine an interim 
                                baseline fuel consumption by--
                                            ``(aa) extrapolating from 
                                        monthly fuel use data available 
                                        for the unit; or
                                            ``(bb) assigning a baseline 
                                        fuel consumption based on the 
                                        annual average of the fuel use 
                                        data submitted on Form 767 for 
                                        other units that are of similar 
                                        design and capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--For each unit that begins 
                                commercial operation more than 180 days 
                                after the date of enactment of this 
                                subparagraph, the application for a 
                                permit issued in accordance with 
                                paragraph (1)(B) for the unit shall 
                                include an initial baseline fuel 
                                consumption that is based on the 
                                maximum design capacity for the unit.
                                    ``(V) Recalculation after extended 
                                period of commercial operation.--At 
                                such time as a unit described in any of 
                                subclauses (II) through (IV) has 
                                submitted fuel use data for 3 
                                consecutive years of commercial 
                                operation on Form 767, the 
                                Administrator shall recalculate the 
                                baseline fuel consumption and make 
                                modifications, as necessary, to the 
                                mercury emission limitations contained 
                                in the permit for the unit issued in 
                                accordance with paragraph (1)(B).
                            ``(iii) Baseline average mercury content.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1998.--In the case of 
                                a unit described in clause (ii)(I), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                that characterize the average mercury 
                                content of the fuel consumed by the 
                                unit during the 3-year period described 
                                in clause (ii)(I).
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1996, and 
                                180 days after enactment.--In the case 
                                of a unit described in clause (ii)(II), 
                                the baseline average mercury content 
                                per mmBtu of fuel consumed by a unit 
                                shall be determined using the best 
                                available data from the Department of 
                                the Interior and the Department of 
                                Energy that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit during each full year of 
                                commercial operation that begins on or 
                                after January 1, 1996.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--In the case of a 
                                unit described in clause (ii)(III), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                that characterize the average mercury 
                                content of the fuel consumed by the 
                                unit--
                                            ``(aa) during the months 
                                        used for the extrapolation 
                                        under clause (ii)(III); or
                                            ``(bb) based on the average 
                                        mercury content of fuel 
                                        consumed by other units that 
                                        are of similar design and 
                                        capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--In the case of a unit 
                                described in clause (ii)(IV), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy, 
                                or data submitted by the unit under 
                                subparagraph (B)(iii), that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit based on the maximum design 
                                capacity for the unit.
                                    ``(V) Estimated data.--If mercury 
                                content data described in clauses (I) 
                                through (IV) are not available, the 
                                baseline average mercury content shall 
                                be estimated using the average mercury 
                                content of fossil fuel from mines or 
                                wells in the geographic region of each 
                                mine or well that supplies the unit.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control, coal cleaning, 
                        or another method is disposed of in a manner 
                        that ensures that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing sludges and 
                        wastes.--The regulations promulgated by the 
                        Administrator under paragraph (1)(A) shall 
                        ensure that mercury-containing sludges and 
                        wastes are handled and disposed of in 
                        accordance with all applicable Federal and 
                        State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from electric 
                utility steam generating units, the Administrator shall 
                establish a program of long-term research to develop 
                and disseminate information on methods and techniques 
                such as separating, solidifying, recycling, and 
                encapsulating mercury-containing waste so that mercury 
                does not volatilize, migrate to ground water or surface 
                water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                electric utility steam generating unit.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED COMMERCIAL 
              AND INDUSTRIAL BOILER UNITS.

    Section 112 of the Clean Air Act (as amended by section 3) is 
amended by inserting after subsection (s) the following:
    ``(t) Mercury Emission Standards for Coal- and Oil-Fired Commercial 
and Industrial Boiler Units.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the emission of mercury and mercury 
                compounds (collectively referred to in this subsection 
                as `mercury') applicable to existing and new coal- and 
                oil-fired commercial and industrial boiler units that 
                have a maximum design heat input capacity of 10 mmBtu 
                per hour or greater.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                coal- or oil-fired commercial or industrial boiler unit 
                shall have an enforceable permit issued under title V 
                that complies with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each coal- or oil-fired commercial or 
                industrial boiler unit shall achieve compliance with 
                the mercury emission standards established under 
                subparagraph (A) in accordance with the procedures and 
                schedules established under subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--Subject 
                to subparagraph (C), the emission standards established 
                under paragraph (1)(A) shall require that each coal- or 
                oil-fired commercial or industrial boiler unit reduce 
                its annual poundage of mercury emitted, as calculated 
                under subparagraph (B), below its mercury emission 
                baseline, as calculated under paragraph (3)(D), by not 
                less than 90 percent.
                    ``(B) Calculation of annual poundage of mercury 
                emitted.--
                            ``(i) In general.--For each coal- or oil-
                        fired commercial or industrial boiler unit 
                        (referred to in this subparagraph as a `unit') 
                        and each calendar year, the Administrator shall 
                        calculate the poundage of mercury emitted per 
                        unit for the calendar year, which shall be 
                        equal to the product obtained by multiplying--
                                    ``(I) the fuel consumption 
                                determined under clause (ii) for the 
                                unit for the calendar year; by
                                    ``(II) the average mercury content 
                                determined under clause (iii) for the 
                                unit for the calendar year.
                            ``(ii) Fuel consumption.--The fuel 
                        consumption for a unit shall be equal to the 
                        annual average quantity of millions of British 
                        thermal units (referred to in this subparagraph 
                        as `mmBtu's') consumed by the unit during the 
                        calendar year, as submitted to the Secretary of 
                        Energy on Department of Energy Forms EIA-3 and 
                        EIA-846 (A,B,C).
                            ``(iii) Average mercury content.--
                                    ``(I) Specific data.--The average 
                                mercury content per mmBtu of fuel 
                                consumed by a unit shall be determined 
                                using the best available data from the 
                                Department of the Interior and the 
                                Department of Energy (as submitted to 
                                the Secretary of Energy on Department 
                                of Energy Form EIA-3A) that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit during the calendar year.
                                    ``(II) Estimated data.--If specific 
                                mercury content data from the 
                                Department of the Interior and the 
                                Department of Energy are not available, 
                                the average mercury content shall be 
                                estimated using the average mercury 
                                content of coal mined or oil produced 
                                in the geographic region of each mine 
                                or well that supplies the unit.
                    ``(C) Emission trading within a facility.--
                            ``(i) In general.--For the purpose of this 
                        subsection, taking into consideration the cost 
                        of achieving the emission reduction, the 
                        Administrator may allow emission trading among 
                        the coal- and oil-fired commercial and 
                        industrial boiler units contained in a facility 
                        at a single site if the aggregate annual 
                        reduction from all such units at the facility 
                        is not less than 95 percent.
                            ``(ii) Underlying data.--In carrying out 
                        clause (i), the Administrator shall use mercury 
                        emission data calculated under paragraph 
                        (3)(D).
                    ``(D) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material or fuel, or other 
                        method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, work 
                        practice, or operational standards (including 
                        requirements for operator training or 
                        certification) in accordance with subsection 
                        (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Other requirements.--
                                    ``(I) In general.--The requirements 
                                for monitoring and analysis under this 
                                subparagraph shall include--
                                            ``(aa) such requirements 
                                        that result in a representative 
                                        determination of mercury in ash 
                                        and sludge; and
                                            ``(bb) such combination of 
                                        requirements for continuous or 
                                        other reliable and 
                                        representative emission 
                                        monitoring methods that results 
                                        in a representative 
                                        determination of mercury in 
                                        fuel as received by each coal- 
                                        or oil-fired commercial or 
                                        industrial boiler unit;
                                as are requisite to provide accurate 
                                and reliable data for determining 
                                baseline and controlled emissions of 
                                mercury from each coal- or oil-fired 
                                commercial or industrial boiler unit.
                                    ``(II) Minimum requirement.--If, 
                                under subclause (I)(bb), the 
                                Administrator does not require a coal- 
                                or oil-fired commercial or industrial 
                                boiler unit to use direct emission 
                                monitoring methods, the requirements 
                                under subclause (I)(bb) shall, at a 
                                minimum, result in representative 
                                determinations of mercury in fuel as 
                                received by the boiler unit at such 
                                frequencies as are sufficient to 
                                determine whether compliance with this 
                                subsection is continuous.
                            ``(iv) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) and subparagraph (B)(iii) 
                        shall be signed by a responsible official of 
                        the coal- or oil-fired commercial or industrial 
                        boiler unit, who shall certify the accuracy of 
                        the report.
                    ``(D) Mercury emission baseline.--
                            ``(i) In general.--For each coal- or oil-
                        fired commercial or industrial boiler unit 
                        (referred to in this subparagraph as a `unit'), 
                        the Administrator shall calculate the baseline 
                        annual average poundage of mercury emitted per 
                        unit, which shall be equal to the product 
                        obtained by multiplying--
                                    ``(I) the baseline fuel consumption 
                                determined under clause (ii) for the 
                                unit; by
                                    ``(II) the baseline average mercury 
                                content determined under clause (iii) 
                                for the unit.
                            ``(ii) Baseline fuel consumption.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1998.--For each unit 
                                that began commercial operation before 
                                January 1, 1998, the baseline fuel 
                                consumption shall be equal to the 
                                annual average quantity of millions of 
                                British thermal units (referred to in 
                                this subparagraph as `mmBtu's') 
                                consumed by the unit during the period 
                                of calendar years 1998, 1999, and 2000, 
                                as submitted annually to the Secretary 
                                of Energy on Department of Energy Forms 
                                EIA-3 and EIA-846 (A,B,C) (referred to 
                                in this clause as the `Forms').
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1998, and 
                                180 days after enactment.--Subject to 
                                subclause (III), for each unit that 
                                begins commercial operation between 
                                January 1, 1998, and the date that is 
                                180 days after the date of enactment of 
                                this subparagraph, the baseline fuel 
                                consumption shall be based on the 
                                annual average of the fuel use data 
                                submitted on the Forms for each full 
                                year of commercial operation that 
                                begins on or after January 1, 1998.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--For each unit 
                                that has not been in commercial 
                                operation for at least 1 year as of the 
                                date that is 180 days after the date of 
                                enactment of this subparagraph, the 
                                Administrator may determine an interim 
                                baseline fuel consumption by--
                                            ``(aa) extrapolating from 
                                        monthly fuel use data available 
                                        for the unit; or
                                            ``(bb) assigning a baseline 
                                        fuel consumption based on the 
                                        annual average of the fuel 
use data submitted on the Forms for other units that are of similar 
design and capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--For each unit that begins 
                                commercial operation more than 180 days 
                                after the date of enactment of this 
                                subparagraph, the application for a 
                                permit issued in accordance with 
                                paragraph (1)(B) for the unit shall 
                                include an initial baseline fuel 
                                consumption that is based on the 
                                maximum design capacity for the unit.
                                    ``(V) Recalculation after extended 
                                period of commercial operation.--At 
                                such time as a unit described in any of 
                                subclauses (II) through (IV) has 
                                submitted fuel use data for 3 
                                consecutive years of commercial 
                                operation on the Forms, the 
                                Administrator shall recalculate the 
                                baseline fuel consumption and make 
                                modifications, as necessary, to the 
                                mercury emission limitations contained 
                                in the permit for the unit issued in 
                                accordance with paragraph (1)(B).
                            ``(iii) Baseline average mercury content.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1998.--In the case of 
                                a unit described in clause (ii)(I), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit during the 3-year period 
                                described in clause (ii)(I).
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1998, and 
                                180 days after enactment.--In the case 
                                of a unit described in clause (ii)(II), 
                                the baseline average mercury content 
                                per mmBtu of fuel consumed by a unit 
                                shall be determined using the best 
                                available data from the Department of 
                                the Interior and the Department of 
                                Energy (as submitted to the Secretary 
                                of Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit during each full year of 
                                commercial operation that begins on or 
                                after January 1, 1998.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--In the case of a 
                                unit described in clause (ii)(III), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit--
                                            ``(aa) during the months 
                                        used for the extrapolation 
                                        under clause (ii)(III); or
                                            ``(bb) based on the average 
                                        mercury content of fuel 
                                        consumed by other units that 
                                        are of similar design and 
                                        capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--In the case of a unit 
                                described in clause (ii)(IV), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A), or data submitted by the unit 
                                under subparagraph (B)(iii), that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit based on the maximum design 
                                capacity for the unit.
                                    ``(V) Estimated data.--If mercury 
                                content data described in clauses (I) 
                                through (IV) are not available, the 
                                baseline average mercury content shall 
                                be estimated using the average mercury 
                                content of coal mined or oil produced 
                                in the geographic region of each mine 
                                or well that supplies the unit.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control, coal cleaning, 
                        or another method is disposed of in a manner 
                        that ensures that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing sludges and 
                        wastes.--The regulations promulgated by the 
                        Administrator under paragraph (1)(A) shall 
                        ensure that mercury-containing sludges and 
                        wastes are handled and disposed of in 
                        accordance with all applicable Federal and 
                        State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from coal- and oil-
                fired commercial and industrial boiler units, the 
                Administrator shall establish a program of long-term 
                research to develop and disseminate information on 
                methods and techniques such as separating, solidifying, 
                recycling, and encapsulating mercury-containing waste 
                so that mercury does not volatilize, migrate to ground 
                water or surface water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                coal- or oil-fired commercial or industrial boiler 
                unit.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID WASTE INCINERATION 
              UNITS.

    (a) Separation of Mercury-Containing Items.--Section 3002 of the 
Solid Waste Disposal Act (42 U.S.C. 6922) is amended by adding at the 
end the following:
    ``(c) Separation of Mercury-Containing Items.--
            ``(1) Publication of list.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Administrator shall publish a list of mercury-
                containing items that shall be required to be separated 
                and removed from the waste streams that feed solid 
                waste management facilities.
                    ``(B) Required items.--The list shall include 
                mercury-containing items such as fluorescent light 
                bulbs, batteries, pharmaceuticals, laboratory chemicals 
                and reagents, electrical devices such as thermostats, 
                relays, and switches, and medical and scientific 
                instruments such as mercury thermometers.
                    ``(C) Labeling requirement.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), to facilitate the process of 
                        separating and removing items listed under 
                        subparagraph (A), each manufacturer of a listed 
                        item shall ensure that each item is clearly 
                        labeled to indicate that the product contains 
                        mercury.
                            ``(ii) Button cell batteries and other 
                        small mercury containing components.--In the 
                        case of button cell batteries and other small 
                        mercury containing components for which, due to 
                        size constraints, labeling described in clause 
                        (i) is not practicable, the packaging shall 
                        indicate that the product contains mercury.
            ``(2) Plan regarding solid waste containing listed mercury-
        containing item.--
                    ``(A) Requirement.--Not later than 1 year after the 
                date of enactment of this subsection, each person that 
                transfers, directly or through a contractor, solid 
                waste that may contain a mercury-containing item listed 
                under paragraph (1) to a solid waste management 
                facility shall submit for review and approval by the 
                Administrator (or, in the case of a solid waste 
                management facility located in a State that has a State 
                hazardous waste program authorized under section 3006, 
                the State) a plan for--
                            ``(i) separating and removing mercury-
                        containing items listed by the Administrator 
                        under paragraph (1) from the waste streams that 
                        feed any solid waste management facility;
                            ``(ii) subject to the other requirements of 
                        this subtitle, transferring the separated waste 
                        to a recycling facility or a 
treatment, storage, or disposal facility that holds a permit under this 
subtitle;
                            ``(iii) monitoring and reporting on 
                        compliance with the plan; and
                            ``(iv) achieving full compliance with the 
                        plan not later than 18 months after the date of 
                        approval of the plan in accordance with 
                        subparagraph (B).
                    ``(B) Plan approval.--
                            ``(i) Deadline.--The Administrator (or the 
                        State) shall determine whether to approve or 
                        disapprove a plan submitted under subparagraph 
                        (A) not later than 180 days after the date of 
                        receipt of the plan.
                            ``(ii) Preference.--In determining whether 
                        to approve a plan, the Administrator (or the 
                        State) shall give preference to recycling or 
                        stabilization of mercury-containing items over 
                        disposal of the items.
                    ``(C) Amended plan.--
                            ``(i) Submission.--If the Administrator (or 
                        the State) disapproves a plan, the person may 
                        submit an amended plan not later than 90 days 
                        after the date of disapproval.
                            ``(ii) Approval.--The Administrator (or the 
                        State) shall approve or disapprove the amended 
                        plan not later than 30 days after the date of 
                        receipt of the plan.
                    ``(D) Plan by administrator (or state).--
                            ``(i) In general.--If an amended plan is 
                        not submitted to the Administrator (or the 
                        State) within 90 days after the date of 
                        disapproval, or if an amended plan has been 
                        submitted and subsequently disapproved, the 
                        Administrator (or the State) shall issue a 
                        determination that it is necessary for the 
                        Administrator (or the State) to promulgate a 
                        plan for the person.
                            ``(ii) Plan.--Not later than 180 days after 
                        issuing the determination, the Administrator 
                        (or the State) shall develop, publish in the 
                        Federal Register (or submit to the 
                        Administrator for publication in the Federal 
                        Register), implement, and enforce a plan that 
                        meets the criteria specified in subparagraph 
                        (A) and ensures that full compliance with the 
                        plan will be achieved not later than 18 months 
                        after the date of publication of the plan.
                    ``(E) Enforceability.--Upon approval by the 
                Administrator (or the State) of a plan submitted under 
                subparagraph (A), or upon publication of a plan 
                developed by the Administrator (or the State) under 
                subparagraph (D), the plan shall be enforceable under 
                this Act.
            ``(3) Mercury thermometers.--
                    ``(A) In general.--Effective January 1, 2002, no 
                person shall sell or supply mercury thermometers to 
                consumers unless medically mandated.
                    ``(B) Breakage.--Mercury thermometers shall contain 
                instructions on how to properly handle and clean up 
                should breakage occur.
                    ``(C) Grant program.--The Administrator shall 
                provide for the coordination, planning, and 
                implementation of a mercury thermometer trade-in 
                program. In carrying out such program, the 
                Administrator may make grants to public and nonprofit 
                private entities, including State governments, 
                municipal authorities, and health care facilities.''.
    (b) Solid Waste Incineration Unit Mercury Emission Monitoring and 
Analysis.--Section 129(e) of the Clean Air Act (42 U.S.C. 7429(e)) is 
amended--
            (1) by striking ``Beginning (1) 36'' and inserting the 
        following:
            ``(1) In general.--Beginning (A) 36'';
            (2) in the first sentence, by redesignating paragraph (2) 
        as subparagraph (B); and
            (3) by adding at the end the following:
            ``(2) Solid waste incineration unit mercury emission 
        monitoring and analysis.--
                    ``(A) Procedures and methods.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall 
                        promulgate regulations prescribing procedures 
                        and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury emissions from solid waste 
                                combustion flue gases;
                                    ``(II) preventing mercury which can 
                                not be retorted from being disposed of 
                                by incineration; and
                                    ``(III) determining compliance with 
                                this paragraph.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                    ``(B) Permit requirements.--
                            ``(i) In general.--Each permit described in 
                        paragraph (1) shall specify inspection, entry, 
                        monitoring, compliance certification, and 
                        reporting requirements with respect to mercury 
                        to ensure compliance with the permit terms and 
                        conditions, including a requirement that the 
                        permittee submit to the permitting authority, 
                        not less often than every 90 days, the results 
                        of any required monitoring.
                            ``(ii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the solid waste 
                        incineration unit or by a municipal official, 
                        who shall certify the accuracy of the report.
                    ``(C) Establishment of maximum mercury emission 
                rate.--
                            ``(i) Determination by the administrator.--
                        Based on the reports required to be submitted 
                        under subparagraph (B)(i) 36 months, 39 months, 
                        and 42 months after the date of enactment of 
                        this subparagraph, the Administrator (or the 
                        State) shall make a determination as to whether 
                        the solid waste incinerator unit has achieved 
                        and is continuously maintaining a mercury 
                        emission rate of not more than 0.080 milligrams 
                        per dry standard cubic meter.
                            ``(ii) Requirement of installation of 
                        controls.--If the mercury emission rate 
                        specified in clause (i) is not achieved and 
                        maintained over the period covered by the 
                        reports referred to in clause (i), or over any 
                        2 out of 3 reporting periods thereafter, the 
                        Administrator shall require that the solid 
                        waste incineration unit install control 
                        equipment and techniques that will, within 3 
                        years, result in a mercury emission rate by the 
                        unit of not more than 0.060 milligrams per dry 
                        standard cubic meter.
                            ``(iii) Enforceability.--The requirements 
                        of this subparagraph shall be an enforceable 
modification to any existing or new permit described in paragraph (1) 
for the solid waste incineration unit.
                    ``(D) Other requirements.--An emission standard or 
                other requirement promulgated under this subsection 
                does not diminish or replace any requirement of a more 
                stringent emission limitation or other applicable 
                requirement established under this Act or a standard 
                issued under State law.
                    ``(E) Public reporting of data pertaining to 
                emissions of mercury.--
                            ``(i) In general.--The Administrator shall 
                        annually make available to the public, through 
                        1 or more published reports and 1 or more forms 
of electronic media, facility-specific mercury emission data for each 
solid waste incineration unit.
                            ``(ii) Source of data.--The emission data 
                        shall be taken from the monitoring and analysis 
                        reports submitted under subparagraph (B).''.
    (c) Phaseout of Mercury in Products.--Section 112 of the Clean Air 
Act (as amended by section 4) is amended by inserting after subsection 
(t) the following:
    ``(u) Phaseout of Mercury in Products.--
            ``(1) Definition of manufacturer.--In this subsection, the 
        term `manufacturer' includes an importer for resale.
            ``(2) Prohibition on sale.--Beginning 3 years after the 
        date of enactment of this paragraph, a manufacturer shall not 
        sell any mercury-containing product, whether manufactured 
        domestically, imported, or manufactured for export, unless the 
        manufacturer has applied for and has been granted by the 
        Administrator an exemption from the prohibition on sale 
        specified in this paragraph.
            ``(3) Procedures for making exemption application 
        determinations.--Before making a determination on an 
        application, the Administrator shall--
                    ``(A) publish notice of the application in the 
                Federal Register;
                    ``(B) provide a public comment period of 60 days; 
                and
                    ``(C) conduct a hearing on the record.
            ``(4) Criteria for exemption.--In making a determination on 
        an application, the Administrator may grant an exemption from 
        the prohibition on sale only if--
                    ``(A) the Administrator determines that the 
                mercury-containing product is a product the use of 
                which is essential;
                    ``(B) the Administrator determines that there is no 
                comparable product that does not contain mercury and 
                that is available in the marketplace at a reasonable 
                cost; and
                    ``(C) through documentation submitted by the 
                manufacturer, the Administrator determines that the 
                manufacturer has established a program to take back, 
                after use by the consumer, all mercury-containing 
                products subject to the exemption that are manufactured 
                after the date of approval of the application.
            ``(5) Term of exemption.--
                    ``(A) In general.--An exemption may be granted for 
                a period of not more than 3 years.
                    ``(B) Renewals.--Renewal of an exemption shall be 
                carried out in accordance with paragraphs (3) and (4).
            ``(6) Publications in the federal register.--The 
        Administrator shall publish in the Federal Register--
                    ``(A) a description of each exemption application 
                approval or denial; and
                    ``(B) on an annual basis, a list of products for 
                which exemptions have been granted under this 
                subsection.''.

SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-ALKALI PLANTS.

    Section 112 of the Clean Air Act (as amended by section 5(c)) is 
amended by inserting after subsection (u) the following:
    ``(v) Mercury Emission Standards for Chlor-Alkali Plants.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the direct and fugitive emission of 
                mercury and mercury compounds (collectively referred to 
                in this subsection as `mercury') applicable to existing 
                and new chlor-alkali plants that use the mercury cell 
                production process (referred to in this subsection as 
                `mercury cell chlor-alkali plants').
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                mercury cell chlor-alkali plant shall have an 
                enforceable permit issued under title V that complies 
                with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each mercury cell chlor-alkali plant shall 
                achieve compliance with the mercury emission standards 
                established under subparagraph (A) in accordance with 
                the procedures and schedules established under 
                subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--The 
                emission standards established under paragraph (1)(A) 
                shall require that each mercury cell chlor-alkali plant 
                reduce its annual poundage of direct and fugitive 
                mercury emitted below its mercury emission baseline, as 
                determined by the Administrator, by not less than 95 
                percent.
                    ``(B) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material, or other method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point, or through 
                        evaporation of a spill;
                            ``(iv) consist of design, equipment, 
                        manufacturing process, work practice, or 
                        operational standards (including requirements 
                        for operator training or certification or spill 
                        prevention) in accordance with subsection (h); 
                        or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the mercury cell chlor-
                        alkali plant, who shall certify the accuracy of 
                        the report.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control or another 
                        method is disposed of in a manner that ensures 
                        that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing wastes.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury-containing wastes are handled and 
                        disposed of in accordance with all applicable 
                        Federal and State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from mercury cell 
                chlor-alkali plants, the Administrator shall establish 
                a program of long-term research to develop and 
                disseminate information on methods and techniques such 
                as separating, solidifying, recycling, and 
                encapsulating mercury-containing waste so that mercury 
                does not volatilize, migrate to ground water or surface 
                water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                mercury cell chlor-alkali plant.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND CEMENT PLANTS.

    Section 112 of the Clean Air Act (as amended by section 6) is 
amended by inserting after subsection (v) the following:
    ``(w) Mercury Emission Standards for Portland Cement Plants.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations--
                            ``(i) to establish standards for the 
                        control of direct dust emission of mercury and 
                        mercury compounds (collectively referred to in 
                        this subsection as `mercury') from crushers, 
                        mills, dryers, kilns (excluding emission from 
                        such burning of hazardous waste-containing fuel 
                        in a cement kiln as is regulated under section 
                        3004(q) of the Solid Waste Disposal Act 
(42 U.S.C. 6924(q)), and clinker coolers at existing and new Portland 
cement plants; and
                            ``(ii) to establish standards for the 
                        control of fugitive dust emission of mercury 
                        from storage, transport, charging, and 
                        discharging operations at existing and new 
                        Portland cement plants.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                Portland cement plant shall have an enforceable permit 
                issued under title V that complies with this 
                subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each Portland cement plant shall achieve 
                compliance with the mercury emission standards 
                established under subparagraph (A) in accordance with 
                the procedures and schedules established under 
                subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--The 
                emission standards established under paragraph (1)(A) 
                shall require that each Portland cement plant reduce 
                its annual poundage of direct and fugitive mercury 
                emitted below its mercury emission baseline, as 
                determined by the Administrator, by not less than 95 
                percent.
                    ``(B) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material, or other method;
                            ``(ii) enclose systems, processes, or 
                        storage to eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, 
                        manufacturing process, work practice, or 
                        operational standards (including requirements 
                        for operator training or certification) in 
                        accordance with subsection (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the Portland cement 
                        plant, who shall certify the accuracy of the 
                        report.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control or another 
                        method is disposed of in a manner that ensures 
                        that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing wastes.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury-containing wastes are handled and 
                        disposed of in accordance with all applicable 
                        Federal and State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from Portland cement 
                plants, the Administrator shall establish a program of 
                long-term research to develop and disseminate 
                information on methods and techniques such as 
                separating, solidifying, recycling, and encapsulating 
                mercury-containing waste so that mercury does not 
                volatilize, migrate to ground water or surface water, 
                or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                Portland cement plant.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR 
              MEDICAL WASTE INCINERATORS.

    (a) In General.--Not later than December 31, 2002, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report on the extent to which the annual poundage of mercury 
and mercury compounds emitted by each medical waste incinerator in the 
United States has been reduced below the baseline for the medical waste 
incinerator determined under subsection (b).
    (b) Baseline.--
            (1) Use of actual data.--As a baseline for measuring 
        emission reductions, the report shall use the mercury and 
        mercury compound emission data that were submitted or developed 
        during the process of permitting of the medical waste 
        incinerator under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (2) Lack of actual data.--If the data described in 
        paragraph (1) are not available, the Administrator shall 
        develop an estimate of baseline mercury emissions based on 
        other sources of data and the best professional judgment of the 
        Administrator.

SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR 
              HAZARDOUS WASTE COMBUSTORS.

    (a) In General.--Not later than December 31, 2003, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report on the extent to which the annual poundage of mercury 
and mercury compounds emitted by each hazardous waste combustor in the 
United States has been reduced below the baseline for the hazardous 
waste combustor determined under subsection (b).
    (b) Baseline.--
            (1) Use of actual data.--As a baseline for measuring 
        emission reductions, the report shall use the mercury and 
        mercury compound emission data that were submitted or developed 
        during the process of permitting of the hazardous waste 
        combustor under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (2) Lack of actual data.--If the data described in 
        paragraph (1) are not available, the Administrator shall 
        develop an estimate of baseline mercury emissions based on 
        other sources of data and the best professional judgment of the 
        Administrator.

SEC. 10. REPORT ON USE OF MERCURY AND MERCURY COMPOUNDS BY DEPARTMENT 
              OF DEFENSE.

    (a) In General.--Not later than December 31, 2002, the Secretary of 
Defense shall submit to Congress a report on the use of mercury and 
mercury compounds by the Department of Defense.
    (b) Contents.--In the report, the Secretary of Defense shall 
describe--
            (1) measures that the Department of Defense is carrying out 
        to reduce the use and emissions of mercury and mercury 
        compounds by the Department;
            (2) measures that the Department of Defense is carrying out 
        to stabilize or recycle discarded mercury or discarded mercury-
        containing products; and
            (3) measures that the Department of Defense is carrying out 
        to stabilize and retire its stockpiled mercury.

SEC. 11. INTERNATIONAL ACTIVITIES.

    (a) Study and Report.--Not later than December 31, 2002, the 
Administrator of the Environmental Protection Agency, in cooperation 
with appropriate representatives of Canada and Mexico, shall study and 
submit to Congress a report on the sources and extent of mercury 
emissions in North America.
    (b) Review.--Before submitting the report to Congress, the 
Administrator shall submit the report for--
            (1) internal and external scientific peer review; and
            (2) review by the Science Advisory Board established by 
        section 8 of the Environmental Research, Development, and 
        Demonstration Authorization Act of 1978 (42 U.S.C. 4365).
    (c) Required Elements.--The report shall include--
            (1) a characterization and identification of the sources of 
        emissions of mercury in North America;
            (2) a description of the patterns and pathways taken by 
        mercury pollution through the atmosphere and surface water; and
            (3) recommendations for pollution control measures, 
        options, and strategies that, if implemented individually or 
        jointly by the United States, Canada, and Mexico, will 
        eliminate or greatly reduce transboundary atmospheric and 
        surface water mercury pollution in North America.

SEC. 12. MERCURY RESEARCH.

    Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended by 
adding at the end the following:
    ``(l) Mercury Research.--
            ``(1) Establishment of programs.--The Administrator shall 
        establish--
                    ``(A) a program to characterize and quantify the 
                potential mercury-related health effects on high-risk 
                populations (such as pregnant women and their fetuses, 
                women of childbearing age, children, and individuals 
                who subsist primarily on fish); and
                    ``(B) a mercury public awareness and prevention 
                program targeted at populations most at risk from 
                exposure to mercury.
            ``(2) Study of implementation of measures to control 
        mercury emissions.--
                    ``(A) Establishment of advisory committee.--Not 
                later than 3 years after the date of enactment of this 
                subsection, the Secretary of Health and Human Services 
                and the Administrator shall establish an advisory 
                committee to evaluate and prepare a report on the 
                progress made by the Federal Government, State and 
                local governments, industry, and other regulated 
                entities to implement and comply with the mercury-
                related amendments to the Clean Air Act (42 U.S.C. 7401 
                et seq.) made by the Omnibus Mercury Emissions 
                Reduction Act of 1999.
                    ``(B) Membership.--
                            ``(i) In general.--The advisory committee 
                        shall consist of at least 15 members, of whom 
                        at least 1 member shall represent each of the 
                        following:
                                    ``(I) The Department of Health and 
                                Human Services.
                                    ``(II) The Agency for Toxic 
                                Substances and Disease Registry.
                                    ``(III) The Food and Drug 
                                Administration.
                                    ``(IV) The Environmental Protection 
                                Agency.
                                    ``(V) The National Academy of 
                                Sciences.
                                    ``(VI) Native American populations.
                                    ``(VII) State and local 
                                governments.
                                    ``(VIII) Industry.
                                    ``(IX) Environmental organizations.
                                    ``(X) Public health organizations.
                            ``(ii) Appointment.--The Secretary of 
                        Health and Human Services and the Administrator 
                        shall each appoint not fewer than 7 members of 
                        the advisory committee.
                    ``(C) Duties.--The advisory committee shall--
                            ``(i) evaluate the adequacy and 
                        completeness of data collected and disseminated 
                        by the Environmental Protection Agency and each 
                        State that reports on and measures mercury 
                        contamination in the environment;
                            ``(ii) make recommendations to the 
                        Secretary of Health and Human Services and the 
                        Administrator concerning--
                                    ``(I) changes necessary to improve 
                                the quality and ensure consistency from 
                                State to State of Federal and State 
                                data collection, reporting, and 
                                characterization of baseline 
                                environmental conditions; and
                                    ``(II) methods for improving public 
                                education, particularly among high-risk 
                                populations (such as pregnant women and 
                                their fetuses, women of childbearing 
                                age, children, and individuals who 
                                subsist primarily on fish), concerning 
                                the pathways and effects of mercury 
                                contamination and consumption; and
                            ``(iii) not later than 4 years after the 
                        date of enactment of this subsection, compile 
                        and make available to the public, through 1 or 
                        more published reports and 1 or more forms of 
electronic media, the findings, recommendations, and supporting data, 
including State-specific data, of the advisory committee under this 
subparagraph.
                    ``(D) Compensation.--
                            ``(i) In general.--A member of the advisory 
                        committee shall receive no compensation by 
                        reason of the service of the member on the 
                        advisory committee.
                            ``(ii) Travel expenses.--A member of the 
                        advisory committee shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, at rates authorized for employees 
                        of agencies 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 services for the 
                        advisory committee.
                    ``(E) Duration of advisory committee.--The advisory 
                committee--
                            ``(i) shall terminate not earlier than the 
                        date on which the Secretary of Health and Human 
                        Services and the Administrator determine that 
                        the findings, recommendations, and supporting 
                        data prepared by the advisory committee have 
                        been made available to the public; and
                            ``(ii) may, at the discretion of the 
                        Secretary of Health and Human Services and the 
                        Administrator, continue in existence after that 
                        date to further carry out the duties described 
                        in subparagraph (C).
                    ``(F) Applicability of federal advisory committee 
                act.--The Federal Advisory Committee Act (5 U.S.C. 
                App.) shall not apply to the advisory committee 
                established under this paragraph.
                    ``(G) Funding.--The Secretary of Health and Human 
                Services and the Administrator shall each provide 50 
                percent of the funding necessary to carry out this 
                paragraph.
            ``(3) Report on mercury sedimentation trends.--Not later 
        than 1 year after the date of enactment of this subsection, the 
        Administrator shall submit to Congress a report that 
        characterizes mercury and mercury-compound sedimentation trends 
        in Lake Champlain, Chesapeake Bay, the Great Lakes, the finger 
        lakes region of upstate New York, Tampa Bay, and other water 
        bodies of concern (as determined by the Administrator).
            ``(4) Evaluation of fish consumption advisories.--
                    ``(A) In general.--The Administrator shall evaluate 
                the adequacy, consistency, completeness, and public 
                dissemination of--
                            ``(i) data collected by the Environmental 
                        Protection Agency and each State concerning 
                        mercury contamination of fish; and
                            ``(ii) advisories to warn the public about 
                        the consumption of mercury-contaminated fish 
                        (referred to in this paragraph as `fish 
                        consumption advisories').
                    ``(B) Improvement of quality and consistency.--In 
                conjunction with each State or unilaterally, the 
                Administrator shall implement any changes necessary to 
                improve the quality and ensure consistency from State 
                to State of Federal and State data collection, 
                reporting, characterization of mercury contamination, 
                and thresholds concerning mercury contamination in fish 
                above which fish consumption advisories will be issued.
                    ``(C) Reporting.--Not later than 2 years after the 
                date of enactment of this subsection and every 2 years 
                thereafter, the Administrator shall prepare and make 
                available to the public, through 1 or more published 
                reports and 1 or more forms of electronic media, 
                information providing detail by State, watershed, water 
                body, and river reach of mercury levels in fish and any 
                fish consumption advisories that have been issued 
                during the preceding 2-year period. Not later than 
                three years after the date of enactment, the 
                Administrator shall prepare and make available to the 
                public information on different methods by which 
                mercury waste can be stabilized, the state of the 
                science and industry, and what are the safest means for 
                mercury retirement focusing on those that do not have 
                an adverse impact on the environment.
                    ``(D) Effect on state authority.--Nothing in this 
                paragraph affects any authority of a State to advise 
                residents of the mercury content of commercially sold 
                foods and other products.''.
                                 <all>