[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 730 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 730

  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 SENATE OF THE UNITED STATES

                             April 6, 2005

 Mr. Leahy (for himself and Ms. Snowe) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Mercury Emission Act of 2005''.

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) according to the report entitled ``Toxicological 
        Effects of Methylmercury'' and submitted to Congress by the 
        National Academy of Sciences in 2000, and other scientific and 
        medical evidence, 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) although exposure to mercury occurs most frequently 
        through consumption of mercury-contaminated fish, 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;
            (4) 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;
            (5)(A) the Environmental Protection Agency report described 
        in paragraph (4), 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;
            (6)(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) in 2003, 45 States issued health advisories that warned 
        the public about consuming mercury-tainted fish, as compared to 
        27 States that issued such advisories in 1993;
            (C) the total number of mercury advisories nationwide 
        increased from 899 in 1993 to 2,362 in 2003, an increase of 162 
        percent; and
            (D) the United States and Canada have agreed on a goal of 
        virtual elimination of mercury from the transboundary waters of 
        the 2 countries;
            (7) the presence of mercury in consumer products is of 
        concern in light of the health consequences associated with 
        exposure to mercury;
            (8) 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;
            (9) a comprehensive study of the use of mercury by the 
        Department of Defense would significantly further the goal of 
        reducing mercury pollution;
            (10) because excess stockpiled mercury, if sold 
        domestically or internationally for commercial or industrial 
        use, has the potential to threaten the environment and public 
        health, there is a need for methods to retire excess mercury 
        permanently;
            (11) accurate, long-term, nationwide monitoring of 
        atmospheric mercury deposition is essential to--
                    (A) determining current deposition trends;
                    (B) evaluating the local and regional transport of 
                mercury emissions; and
                    (C) assessing the impact of emission reductions; 
                and
            (12)(A) a recent reanalysis of data originally reported in 
        a January 2003 report by the Centers for Disease Control and 
        Prevention increased the estimate, from nearly 8 percent to 
        nearly 16 percent, of the fraction of women of childbearing age 
        who have mercury levels above the safe health threshold 
        established by the Environmental Protection Agency; and
            (B) the statistic described in subparagraph (A) means 
        that--
                    (i) nearly 4,900,000 women of childbearing age have 
                elevated levels of mercury from eating contaminated 
                fish; and
                    (ii) approximately 630,000 newborns per year are at 
                risk of neurological effects from being exposed to 
                elevated mercury levels before birth.
    (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--
                    (A) fossil fuel-fired electric utility steam 
                generating units;
                    (B) coal- and oil-fired commercial and industrial 
                boiler units;
                    (C) solid waste incineration units;
                    (D) medical waste incinerators;
                    (E) hazardous waste combustors;
                    (F) chlor-alkali plants; and
                    (G) 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--
                    (A) used batteries;
                    (B) fluorescent light bulbs; and
                    (C) 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--
                    (A) coal cleaning;
                    (B) flue gas control systems; and
                    (C) 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 threats to public health associated with 
        mercury exposure, 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 LIMITATIONS.

    (a) In General.--
            (1) Regulations.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator of the 
                Environmental Protection Agency shall promulgate 
                regulations to establish emission limitations for 
                mercury emissions by coal-fired electricity generating 
                facilities.
                    (B) No exceedance of national limitation.--The 
                regulations shall ensure that the national limitation 
                for mercury emissions from each coal-fired electricity 
                generating facility established under subsection (c) is 
                not exceeded.
                    (C) Emission limitations for 2009 and thereafter.--
                In carrying out subparagraph (A), for 2009 and each 
                year thereafter, the Administrator shall not--
                            (i) subject to subsections (e) and (f) of 
                        section 112 of the Clean Air Act (42 U.S.C. 
                        7412), establish limitations on emissions of 
                        mercury from coal-fired electricity generating 
                        facilities that allow emissions in excess of 
                        2.48 grams of mercury per 1000 megawatt hours; 
                        or
                            (ii) differentiate between facilities that 
                        burn different types of coal.
            (2) Annual review and determination.--
                    (A) In general.--Not later than April 1 of each 
                year, the Administrator shall--
                            (i) review the total mercury emissions 
                        during the 2 previous years from electricity 
                        generating facilities located in all States; 
                        and
                            (ii) determine whether, during the 2 
                        previous years, the total mercury emissions 
                        from facilities described in clause (i) 
                        exceeded the national limitation for mercury 
                        emissions established under subsection 
                        (c)(1)(D).
                    (B) Exceedance of national limitation.--If the 
                Administrator determines under subparagraph (A)(ii) 
                that, during the 2 previous years, the total mercury 
                emissions from facilities described in subparagraph 
                (A)(i) exceeded the national limitation for mercury 
                emissions established under subsection (c)(1)(D), the 
                Administrator shall, not later than 1 year after the 
                date of the determination, revise the regulations 
                promulgated under paragraph (1) to reduce the emission 
                rates specified in the regulations as necessary to 
                ensure that the national limitation for mercury 
                emissions is not exceeded in any future year.
            (3) Compliance flexibility.--
                    (A) In general.--Each coal-fired electricity 
                generating facility subject to an emission limitation 
                under this section shall be in compliance with that 
                limitation if that limitation is greater than or equal 
                to the quotient obtained by dividing--
                            (i) the total mercury emissions of the 
                        coal-fired electricity generating facility 
                        during each 30-day period; by
                            (ii) the quantity of electricity generated 
                        by the coal-fired electricity generating 
                        facility during that period.
                    (B) More than 1 unit at a facility.--In any case in 
                which more than 1 coal-fired electricity generating 
                unit at a coal-fired electricity generating facility 
                subject to an emission limitation under this section 
                was operated in 1999 under common ownership or control, 
                compliance with the emission limitation may be 
                determined by averaging the emission rates of all coal-
                fired electricity generating units at the electricity 
                generating facility during each 30-day period.
    (b) Prevention of Re-Release.--
            (1) Regulations.--Not later than July 1, 2006, the 
        Administrator shall promulgate regulations to ensure that any 
        mercury captured or recovered by emission controls installed at 
        an electricity generating facility is not re-released into the 
        environment.
            (2) Required elements.--The regulations shall require--
                    (A) daily covers on all active waste disposal 
                units, and permanent covers on all inactive waste 
                disposal units, to prevent the release of mercury into 
                the air;
                    (B) monitoring of groundwater to ensure that 
                mercury or mercury compounds do not migrate from the 
                waste disposal unit;
                    (C) waste disposal siting requirements and cleanup 
                requirements to protect groundwater and surface water 
                resources;
                    (D) elimination of agricultural application of coal 
                combustion wastes; and
                    (E) appropriate limitations on mercury emissions 
                from sources or processes that reprocess or use coal 
                combustion waste, including manufacturers of wallboard 
                and cement.
    (c) Emission Limitations.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Administrator shall promulgate regulations to ensure that, 
        during 2010 and each year thereafter, the total annual 
        emissions of covered pollutants from all electricity generating 
        facilities located in all States does not exceed--
                    (A) in the case of sulfur dioxide--
                            (i) 275,000 tons in the western region; or
                            (ii) 1,975,000 tons in the nonwestern 
                        region;
                    (B) in the case of nitrogen oxides, 1,510,000 tons;
                    (C) in the case of carbon dioxide, 2,050,000,000 
                tons; or
                    (D) in the case of mercury, 5 tons.
            (2) Excess emissions based on unused allowances.--The 
        regulations promulgated under paragraph (1) shall authorize 
        emissions of covered pollutants in excess of the national 
        emission limitations established under that subsection for a 
        year to the extent that the number of tons of the excess 
        emissions is less than or equal to the number of emission 
        allowances that are--
                    (A) used in the year; but
                    (B) allocated for any previous year under Federal 
                law.
            (3) Reductions.--For 2010 and each year thereafter, the 
        quantity of emissions specified for each covered pollutant in 
        paragraph (1) shall be reduced by the sum of--
                    (A) the number of tons of the covered pollutant 
                that were emitted by small electricity generating 
                facilities in the second preceding year; and
                    (B) any number of tons of reductions in emissions 
                of the covered pollutant required under Federal law.

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

    Section 112 of the Clean Air Act 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) Emission standard.--Subject to subparagraphs 
                (B) and (C), the emission standards established under 
                paragraph (1)(A) shall require that each coal- or oil-
                fired commercial or industrial boiler unit achieve the 
                maximum degree of reduction in emissions of mercury, as 
                determined under subsection (d).
                    ``(B) Minimum required emission reduction.--The 
                emission standards established under paragraph (1)(A) 
                shall reduce the total emissions of mercury from coal- 
                and oil-fired commercial and industrial boiler units in 
                the United States by not less than 90 percent from 1999 
                levels.
                    ``(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 emissions of 
                        mercury from all such units at the facility are 
                        less than or equal to the aggregate emissions 
                        that would result if all such units complied 
                        with the emission standards established under 
                        paragraph (1)(A).
                            ``(ii) Prohibition on trading among 
                        sites.--The Administrator shall not allow 
                        emission trading among coal- and oil-fired 
                        commercial and industrial boiler units at 
                        different sites.
                            ``(iii) Underlying data.--In carrying out 
                        clause (i), the Administrator shall use mercury 
                        emission data obtained under paragraph (3)(B).
                    ``(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.--The 
                        requirements for monitoring and analysis under 
                        this subparagraph shall include, to the extent 
                        necessary to provide accurate and reliable data 
                        for determining emissions of mercury from each 
                        coal- or oil-fired commercial or industrial 
                        boiler unit--
                                    ``(I) requirements that result in a 
                                representative determination of mercury 
                                in ash and sludge; and
                                    ``(II) a combination of 
                                requirements for continuous or other 
                                reliable and representative direct 
                                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.
                            ``(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 terms and conditions 
                        or the permit.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--A report required under 
                        clause (i) or 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.
            ``(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--
                    ``(A) any requirement of a more stringent emission 
                limitation or other applicable requirement established 
                under this Act; or
                    ``(B) 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 a waste stream that feeds a solid 
                waste management facility.
                    ``(B) Required items.--The list shall include 
                mercury-containing items such as fluorescent light 
                bulbs and tubes, batteries, pharmaceuticals, laboratory 
                chemicals and reagents, electrical devices such as 
                thermostats, relays, and switches, and medical and 
                scientific instruments.
                    ``(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.--In the case 
                        of button cell batteries 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.--
                    ``(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 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.--Not later than 180 days 
                        after the date of receipt of the plan, the 
                        Administrator (or the State) shall determine 
                        whether to approve or disapprove a plan 
                        submitted under subparagraph (A).
                            ``(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 that 
                        submitted the plan may submit an amended plan 
                        not later than 90 days after the date of 
                        disapproval.
                            ``(ii) Approval.--Not later than 30 days 
                        after the date of receipt of the amended plan, 
                        the Administrator (or the State) shall approve 
                        or disapprove 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--
                                    ``(I) meets the criteria specified 
                                in subparagraph (A); and
                                    ``(II) 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.--On approval by the 
                Administrator (or the State) of a plan submitted under 
                subparagraph (A), or on publication of a plan developed 
                by the Administrator (or the State) under subparagraph 
                (D), the plan shall be enforceable under this Act.''.
    (b) Solid Waste Incineration Unit Mercury Emission Monitoring and 
Analysis.--Section 129 of the Clean Air Act (42 U.S.C. 7429) is amended 
by striking subsection (e) and inserting the following:
    ``(e) Permits.--
            ``(1) In general.--Beginning on the date that is the later 
        of the dates described in paragraph (2), each unit in the 
        category shall operate pursuant to a permit issued under this 
        subsection and title V.
            ``(2) Initial dates.--The dates referred to in paragraph 
        (1) are--
                    ``(A) the date that is 36 months after the 
                promulgation of a performance standard under subsection 
                (a) and section 111 applicable to a category of solid 
                waste incineration units; and
                    ``(B) the effective date of a permit program under 
                title V in the State in which the unit is located.
            ``(3) Period of issuance.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, a permit for a solid waste 
                incineration unit combusting municipal waste issued 
                under this Act--
                            ``(i) shall be issued for a period of not 
                        greater than 12 years; and
                            ``(ii) shall be reviewed every 5 years 
                        after the date of issuance or reissuance.
                    ``(B) Continuation.--
                            ``(i) In general.--Unless the Administrator 
                        or the State determines that a unit is not in 
                        compliance with all standards and conditions 
                        contained in a permit, the permit described in 
                        subparagraph (A) shall continue in effect after 
                        the date of issuance until the date of 
                        termination of the permit.
                            ``(ii) Determination.--The determination of 
                        the Administrator or the State under clause (i) 
                        shall be made--
                                    ``(I) at regular intervals, not to 
                                exceed 5 years, during the term of the 
                                permit; and
                                    ``(II) after an opportunity for 
                                public comment and a public hearing.
            ``(4) Renewal.--A permit described in paragraph (1) may be 
        renewed in accordance with title V.
            ``(5) Lack of authority to issue.--No permit for a solid 
        waste incineration unit may be issued under this Act by an 
        agency, instrumentality, or person that is responsible (in 
        whole or in part) for the design and construction or operation 
        of the unit.
            ``(6) Requirements.--Notwithstanding any other provision of 
        this subsection, if the Administrator or a State determines, at 
        the discretion of the Administrator or State, that emissions in 
        the absence of limitations or other measures may reasonably be 
        anticipated to endanger public health or the environment, the 
        Administrator or the State shall require the owner or operator 
        of a unit--
                    ``(A) to comply with emission limitations; or
                    ``(B) to implement any other measure the 
                Administrator or the State determines is practicable.
            ``(7) 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 paragraph, 
                        the Administrator shall promulgate regulations 
                        prescribing procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury emissions from solid waste 
                                combustion flue gases; and
                                    ``(II) 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.--A permit described in 
                        paragraph (1) shall specify inspection, entry, 
                        monitoring, compliance certification, and 
                        reporting requirements with respect to mercury 
                        to ensure compliance with the terms and 
                        conditions of the permit, 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.--A 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.--
                        Not later than 36 months, 39 months, and 42 
                        months after the date of enactment of this 
                        subparagraph, based on the reports required 
                        under subparagraph (B)(i), the Administrator 
                        (or the State) shall determine whether a 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 required under subparagraph (B)(i), or 
                        over any 2 out of 3 reporting periods 
                        thereafter, the Administrator shall require the 
                        solid waste incineration unit--
                                    ``(I) to install control equipment; 
                                and
                                    ``(II) to implement techniques that 
                                will result in a mercury emission rate 
                                by the unit of not more than 0.060 
                                milligrams per dry standard cubic meter 
                                within 3 years.
                            ``(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--
                            ``(i) any requirement of a more stringent 
                        emission limitation or other applicable 
                        requirement established under this Act; or
                            ``(ii) 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 subsection, 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 the sale.
            ``(3) Procedures for making exemption application 
        determinations.--Before making a determination on an 
        application for exemption from the prohibition under paragraph 
        (2), 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 on the 
                application.
            ``(4) Criteria for exemption.--In making a determination on 
        an application described in paragraph (3), the Administrator 
        may grant an exemption from the prohibition under paragraph (2) 
        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 subsection, 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 terms and conditions 
                        of the permit.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--A 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--
                    ``(A) any requirement of a more stringent emission 
                limitation or other applicable requirement established 
                under this Act; or
                    ``(B) 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 terms and conditions 
                        of the permit.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--A 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--
                    ``(A) any requirement of a more stringent emission 
                limitation or other applicable requirement established 
                under this Act; or
                    ``(B) 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 2 years after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall submit to Congress a report describing 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--
                    (A) other sources of data; and
                    (B) 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 2 years after the date of enactment 
of this Act, 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--
                    (A) other sources of data; and
                    (B) the best professional judgment of the 
                Administrator.

SEC. 10. DEFENSE ACTIVITIES.

    (a) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report describing the use of mercury and mercury 
        compounds by the Department of Defense.
            (2) Contents.--In the report, the Secretary of Defense 
        shall describe--
                    (A) any measures that the Department of Defense is 
                carrying out to reduce the use and emissions of mercury 
                and mercury compounds by the Department; and
                    (B) measures that the Department of Defense is 
                carrying out to stabilize or recycle discarded mercury 
                or discarded mercury-containing products.
    (b) Prohibition on Sale.--Beginning on the date of enactment of 
this Act, no mercury or mercury compounds in the stockpile provided for 
under section 4 of the Critical and Strategic Materials Stock Piling 
Act (50 U.S.C. 98c), commonly known as the ``National Defense 
Stockpile'', may be sold, domestically or internationally, for 
commercial or industrial use.

SEC. 11. INTERNATIONAL ACTIVITIES.

    (a) Study and Report.--Not later than 2 years after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency, in cooperation with appropriate representatives of 
Canada and Mexico, shall study and submit to Congress a report 
describing 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) 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 describing 
                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 this Act made by the Mercury 
                Emission Act of 2005.
                    ``(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 measures and reports on 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 for 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 continue to 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.
            ``(2) 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, the 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).
            ``(3) 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.
                    ``(D) Effect on state authority.--Nothing in this 
                paragraph affects the authority of a State to advise 
                residents of the mercury content of commercially sold 
                foods and other products.
            ``(4) Study of mercury stockpiles and retirement.--The 
        Administrator shall request the National Academy of Sciences 
        to--
                    ``(A) conduct a study to--
                            ``(i) assess--
                                    ``(I) the total quantity and 
                                distribution of excess mercury in the 
                                United States in stockpiles, collection 
                                programs, and other sources; and
                                    ``(II) the potential for the excess 
                                mercury to reenter the global market;
                            ``(ii) evaluate whether any methods may 
                        exist or be developed for the collection and 
                        permanent retirement of excess mercury in a 
                        manner that ensures that there is no release of 
                        mercury into the environment;
                            ``(iii) recommend research programs to 
                        investigate and develop the methods evaluated 
                        under clause (ii) that the Academy determines 
                        are potentially practicable;
                            ``(iv) identify Federal or State policies 
                        that may facilitate or impede the permanent 
                        retirement of excess mercury;
                            ``(v) evaluate the potential for reducing 
                        the mining of virgin mercury through--
                                    ``(I) international agreements;
                                    ``(II) recycling of mercury; or
                                    ``(III) the use of existing 
                                privately owned stockpiles of mercury;
                            ``(vi) evaluate the potential for reducing 
                        global use of mercury in products and 
                        industrial processes through the promotion and 
                        dissemination of substitute products and 
                        processes that do not use mercury; and
                            ``(vii) make any other recommendations 
                        concerning excess mercury that the Academy 
                        determines to be useful; and
                    ``(B) not later than 1 year after the date of 
                enactment of this subsection, submit to Congress a 
                report describing the results of the study.
            ``(5) Authorization of appropriations.--
                    ``(A) Modernization and expansion.--In addition to 
                amounts made available under any other law, there is 
                authorized to be appropriated to the Administrator for 
                equipment and site modernization and network expansion 
                of the National Atmospheric Deposition Program Mercury 
                Deposition Network $2,000,000, to remain available 
                until expended.
                    ``(B) Operational support.--In addition to amounts 
                made available under any other law, there are 
                authorized to be appropriated for operational support 
                of the National Atmospheric Deposition Program Mercury 
                Deposition Network for each of fiscal years 2006 
                through 2015--
                            ``(i) $400,000 to the Environmental 
                        Protection Agency;
                            ``(ii) $400,000 to the United States 
                        Geological Survey;
                            ``(iii) $100,000 to the National Oceanic 
                        and Atmospheric Administration; and
                            ``(iv) $100,000 to the National Park 
                        Service.''.
                                 <all>