[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 821 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 821
To amend the Clean Air Act to require that mercury emissions from
electric utility steam generating units be subject to the MACT standard
for hazardous air pollutants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2009
Ms. Eddie Bernice Johnson of Texas (for herself and Mr. Grijalva)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to require that mercury emissions from
electric utility steam generating units be subject to the MACT standard
for hazardous air pollutants, 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 Emissions Reduction Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Mercury is a potent neurotoxin that can cause adverse
health effects at very low concentrations.
(2) Coal-fired electric powerplants, or electric generating
units, are the leading source of United States air emissions of
mercury. When released into the atmosphere, mercury a potent
neurotoxin that can have adverse health effects at low
concentrations.
(3) Concerns about public exposure to mercury have grown in
recent years as research has indicated its presence at
significant levels in numerous species of fish, and as analyses
of dietary intake and resulting blood levels have pointed to
potential health risks from mercury ingestion, particularly for
women of child-bearing age and developing fetuses.
(4) According to the Environmental Protection Agency's
(EPA) National Listing of Fish Advisories, there are
approximately 3,852 advisories in 48 of the 50 States, the
District of Columbia, 2 of the 4 territories, and 5 Indian
tribes. Forty-four States have issued fish consumption
advisories due to mercury.
(5) With the exception of electric utilities, section 112
of the Clean Air Act regulates all major sources of mercury
emissions through Maximum Achievable Control Technology (MACT).
(6) The EPA was required by the terms of the Clean Air Act
Amendments of 1990 and a 1998 consent agreement to determine
whether regulation of mercury from powerplants under section
112 of the Clean Air Act was appropriate and necessary.
(7) In a December 2000 regulatory finding, the EPA
concluded that regulation of mercury from powerplants was
appropriate and necessary. The finding triggered other
provisions of the consent agreement: That the agency propose
Maximum Achievable Control Technology (MACT) standards for
electric powerplants by December 15, 2003, and finalize them by
March 15, 2005.
(8) In 2005, the EPA discarded its 2000 regulatory finding
for a national cap-and-trade system for mercury emissions from
powerplants, the Clean Air Mercury Rule (CAMR).
(9) The CAMR rule was immediately challenged in petitions
for review filed by New Jersey and 16 other States as well as
other petitioners. The DC Circuit, in a 3-0 decision handed
down February 8, 2008, vacated the rule. The court found that
once the EPA had listed electric generating units as a source
of hazardous air pollutants, it had to proceed with MACT
regulations under section 112 of the Act unless it delisted the
source category, under procedures the Act sets forth in section
112(c)(9).
(b) Purpose.--The purpose of this Act is to require the
Administrator of the Environmental Protection Agency to promulgate a
rule for mercury emissions from electric utility steam generating units
be subject to MACT standards under section 112 of the Clean Air Act for
hazardous air pollutants.
SEC. 3. MERCURY FROM ELECTRIC UTILITY STEAM GENERATING UNITS.
Section 112(c)(6) of the Clean Air Act (42 U.S.C. 7412(c)(6)) is
amended by inserting ``(A)'' after ``(6)'', by striking the last
sentence, and by adding the following new subparagraph at the end
thereof:
``(B) The Administrator shall promulgate standards under
this section for mercury emissions from electric utility steam
generating units to take effect one year after the enactment of
this subparagraph.''.
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