1.
This Act may be cited as the
Mercury Emission Act of 2005
.
2.
(a)
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)
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.
3.
Mercury emission limitations
(a)
(1)
(A)
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)
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)
(A)
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)
(1)
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)
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)
(1)
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)
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.
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)
(A)
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)
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)
(A)
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)
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)
In carrying out clause (i), the Administrator shall use mercury
emission data obtained under paragraph (3)(B).
(D)
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)
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)
(i)
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)
Application of the procedures and methods shall result in
reliable and timely information for determining compliance.
(iii)
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)
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)
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)
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)
(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)
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)
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)
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)
The emission data shall be taken from the monitoring and
analysis reports submitted under paragraph (3)(C).
.
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)
(A)
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)
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)
(i)
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)
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)
(A)
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)
(i)
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)
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)
(i)
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)
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)
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)
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)
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)
(1)
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)
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)
(A)
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)
(i)
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)
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)
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)
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)
(i)
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)
Application of the procedures and methods shall result in
reliable and timely information for determining compliance.
(B)
(i)
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)
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)
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)
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)
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)
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)
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)
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)
(A)
An exemption may be granted for a period of not more than 3
years.
(B)
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.
.
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)
(A)
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)
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)
(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)
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)
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)
(i)
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)
Application of the procedures and methods shall result in
reliable and timely information for determining compliance.
(iii)
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)
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)
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)
(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)
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)
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)
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)
The emission data shall be taken from the monitoring and
analysis reports submitted under paragraph (3)(C).
.
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)
(A)
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)
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)
(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)
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)
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)
(i)
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)
Application of the procedures and methods shall result in
reliable and timely information for determining compliance.
(iii)
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)
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)
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)
(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)
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)
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)
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)
The emission data shall be taken from the monitoring and
analysis reports submitted under paragraph (3)(C).
.
8.
Report on implementation of mercury emission standards for
medical waste incinerators
(a)
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)
(1)
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)
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.
9.
Report on implementation of mercury emission standards for
hazardous waste combustors
(a)
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)
(1)
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)
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.
10.
(a)
(1)
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)
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)
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.
11.
(a)
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)
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)
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.
12.
Section 103 of the Clean Air
Act (42 U.S.C. 7403) is amended by adding at the end the following:
(l)
(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)
(i)
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)
The Secretary of Health and Human Services and the
Administrator shall each appoint not fewer than 7 members of the advisory
committee.
(C)
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)
(i)
A member of the advisory committee shall receive no
compensation for the service of the member on the advisory committee.
(ii)
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)
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)
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)
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)
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.
.