[Congressional Record Volume 145, Number 44 (Friday, March 19, 1999)]
[Senate]
[Pages S3007-S3015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Ms. Snowe):
  S. 673. 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; to the 
Committee on Environment and Public Works.


          The Omnibus Mercury Emissions Reduction Act of 1999

  Mr. LEAHY. Mr. President, today I am re-introducing the ``Omnibus 
Mercury Emissions Reduction Act of 1999,'' a bill that I originally 
introduced during the 105th Congress. I am pleased that Senator Snowe 
has agreed to co-sponsor the bill.
  As United States Senators, we all have a responsibility as stewards 
for the nation and society we will be entrusting to our children and 
grandchildren. I became a grandfather for the first time a little over 
a year ago, and this duty has never been more real for me. The 
``Omnibus Mercury Emissions Reduction Act of 1999'' is a comprehensive 
plan to eliminate mercury--one of the last remaining poisons without a 
specific control strategy--from our air, our waters and our forests. By 
eliminating mercury pollution from our natural resources, we will 
protect our nation's most important resource: the young Americans of 
today and tomorrow.
  As we learned from the campaign to eliminate lead, our children are 
at the greatest risk from these poisons. How many future scientists, 
doctors, poets, and inspiring teachers have we lost in the last 
generation because of the toxics they have been exposed to in the womb 
or in early childhood? Just as with lead, we know that mercury has much 
graver effects on children at very low levels than it does on adults. 
The level of lead pollution we and our children breathe today is one-
tenth what it was a decade ago. That figure by itself is a tribute to 
the success of the original Clean Air Act. We should strive to achieve 
no less with mercury.
  Mercury is toxic in every known form and has utterly no nutritional 
value. At high enough levels it poisons its victims in terribly tragic 
ways. In Japan, victims of mercury poisoning came to be known as 
suffering from Minimata Disease, which took its name from the small 
Minimata Bay in which they caught fish for their food.
  For years, the Chisso Company, a chlor-alkali facility that 
manufactured chlorine, discharged mercury contaminated pollution in the 
bay, which was consumed by fish and then by people. Their disease was 
terribly painful, causing tremors and paralysis, and sometimes leading 
to death. Thankfully, wholesale discharges of mercury like those in 
Minimata Bay have been eliminated. But a torrent of air pollution still 
needlessly dumps this heavy metal into the air of North America, 
poisoning lakes and streams, forests and fields and--most importantly--
our children. Mercury control needs to be a priority now because of the 
neurological damage it causes.
  This is not to say that men, women and children are doubled over in 
agony as they were three decades ago in Japan. Mercury pollution today 
is more subtle, but it is no less insidious. Wildlife are also being 
harmed. Endangered Florida panthers have been fatally poisoned by 
mercury. Loons are endangered as well. In Lake Champlain we have fish 
advisories for walleye, trout and bass even though we have relatively 
few mercury emissions within our own state borders. There are now 40 
states that have issued fishing advisories for mercury; Vermont's and 
those of 10 other states cover all of the water bodies in these states. 
Nearly 1,800 water bodies nationwide have mercury fishing advisories 
posted. The number of water bodies with mercury advisories has doubled 
since 1993.

  My fellow Vermonters are exposed to mercury and other pollutants that 
blow across Lake Champlain and the Green Mountains every day from other 
regions of the country. The waste incinerators and coal-fired power 
plants are not accountable to the people of Vermont, and therefore a 
federal role is needed to control the pollution.
  That is part of the reason voters send us here. They expect Members 
of the Congress to determine what is necessary to protect the public 
health and the environment nationally, then to take the appropriate 
action. And in many cases, perhaps most, we have done that. But not 
when it comes to mercury.
  Mr. President, what I propose is that we put a stop to this poisoning 
of America. It is unnecessary, and it is wrong. Mercury can be removed 
from manufactured products, and much of that has been done. Mercury can 
be removed from coal-fired powerplants, and now that should be done. 
With states deregulating their utility industries, this is the right 
moment and the best opportunity we will have for a generation to make 
sure powerplants begin to internalize the costs of their pollution. We 
cannot afford to give them a free ride into the next century at the 
expense of our children's health.
  So, too, should mercury be purged from other known sources such as 
chlor-alkali plants, medical waste incinerators, municipal combustion 
facilities, large industrial boilers, landfills, and lighting fixtures.
  My bill directs EPA to set mercury emission standards for the largest 
sources of mercury emissions. The bill requires reducing emissions by 
95 percent, but it also lets companies choose the best approach to meet 
the standard at their facility whether through the use of better 
technology, cleaner fuels, process changes, or product switching.
  The bill also gives people the right-to-know about mercury emissions 
from the largest sources. That should be the public's right. To 
facilitate the public's right-to-know and getting mercury containing 
items out of the waste streams that feed municipal combustion 
facilities, it also requires labeling of mercury containing items such 
as fluorescent light bulbs, batteries, pharmaceuticals. The bill also 
begins a phaseout of mercury from products, with exceptions possible 
for demonstrated essential uses.
  We will hear a lot of rhetoric about how much implementing mercury 
reduction steps will cost. In advance of those complaints I want to 
make two points. First, when we were debating controls for acid rain we 
heard a lot about the enormous cost of eliminating sulphur dioxide. But 
what we learned from the acid rain program is that when you give 
industry a financial incentive to clean up its act, they will find the 
cheapest way. More often than not, assertions about the cost of 
controlling pollution grossly overestimate and distort reality. If you 
look at electricity prices of major utilities since the acid rain 
program was implemented, their rates have remained below the national 
average and some have actually decreased--even without adjusting for 
inflation. The mercury controls on coal-fired power plants contained in 
my bill may add a little over $2 dollars per month to the electric bill 
of the average residential consumer who receives power from a coal-
fired plant. So, for the monthly cost of a slice of pizza or a 
hamburger and fries we can rein in the more than 50 tons of mercury 
that are being pumped into our air from power plants.
  Secondly, and most importantly, the bottom line here should not be 
the cost of controlling mercury emissions, but the cost of not 
controlling mercury. While we may not be able to calculate how many 
Einstein's we have lost, if we lose one the price has been too high.
  Let us make controlling mercury pollution one of our first 
environmental legacies of the 21st Century.
  Mr. President, I ask unanimous consent that the text of the bill and 
an

[[Page S3008]]

overview of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 673

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Omnibus 
     Mercury Emissions Reduction Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on the basis of available scientific and medical 
     evidence, exposure to mercury and mercury compounds 
     (collectively referred to in this Act as ``mercury'') is of 
     concern to human health and the environment;
       (2) pregnant women and their fetuses, women of childbearing 
     age, children, and individuals who subsist primarily on fish, 
     are most at risk for mercury-related health impacts such as 
     neurotoxicity;
       (3) although exposure to mercury occurs most frequently 
     through consumption of mercury-contaminated fish, such 
     exposure can also occur through--
       (A) ingestion of drinking water, and food sources other 
     than fish, that are contaminated with methyl mercury;
       (B) dermal uptake through soil and water; and
       (C) inhalation of contaminated air;
       (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 1997, 39 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 increased from 
     899 in 1993 to 1,675 in 1996, an increase of 86 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; 
     and
       (9) a comprehensive study of the use of mercury by the 
     Department of Defense would significantly further the goal of 
     reducing mercury pollution.
       (b) Purposes.--The purposes of this Act are--
       (1) to greatly reduce the quantity of mercury entering the 
     environment by controlling air emissions of mercury from 
     fossil fuel-fired electric utility steam generating units, 
     coal- and oil-fired commercial and industrial boiler units, 
     solid waste incineration units, medical waste incinerators, 
     hazardous waste combustors, chlor-alkali plants, and Portland 
     cement plants;
       (2) to reduce the quantity of mercury entering solid waste 
     landfills, incinerators, and composting facilities by 
     promoting recycling or proper disposal of used batteries, 
     fluorescent light bulbs, and other products containing 
     mercury;
       (3) to increase the understanding of the volume and sources 
     of mercury emissions throughout North America;
       (4) to promote efficient and cost-effective methods of 
     controlling mercury emissions;
       (5) to promote permanent, safe, and stable disposal of 
     mercury recovered through coal cleaning, flue gas control 
     systems, and other methods of mercury pollution control;
       (6) to reduce the use of mercury in cases in which 
     technologically and economically feasible alternatives are 
     available;
       (7) to educate the public concerning the collection, 
     recycling, and proper disposal of mercury-containing 
     products;
       (8) to increase public knowledge of the sources of mercury 
     exposure and the threat to public health, particularly the 
     threat to the health of pregnant women and their fetuses, 
     women of childbearing age, children, and individuals who 
     subsist primarily on fish;
       (9) to significantly decrease the threat to human health 
     and the environment posed by mercury; and
       (10) to ensure that the health of sensitive populations, 
     whether in the United States, Canada, or Mexico, is 
     protected, with an adequate margin of safety, against adverse 
     health effects caused by mercury.

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

       Section 112 of the Clean Air Act (42 U.S.C. 7412) is 
     amended--
       (1) by redesignating subsection (s) as subsection (x); and
       (2) by inserting after subsection (r) the following:
       ``(s) Mercury Emission Standards for Electric Utility Steam 
     Generating Units.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') applicable to 
     existing and new electric utility steam generating units.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each electric utility 
     steam generating unit shall have an enforceable permit issued 
     under title V that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each electric utility steam generating unit shall 
     achieve compliance with the mercury emission standards 
     established under subparagraph (A) in accordance with the 
     procedures and schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--Subject to 
     subparagraph (C), the emission standards established under 
     paragraph (1)(A) shall require that each electric utility 
     steam generating unit reduce its annual poundage of mercury 
     emitted, as calculated under subparagraph (B), below its 
     mercury emission baseline, as calculated under paragraph 
     (3)(D), by not less than 95 percent.
       ``(B) Calculation of annual poundage of mercury emitted.--
       ``(i) In general.--For each electric utility steam 
     generating unit (referred to in this subparagraph as a 
     `unit') and each calendar year, the Administrator shall 
     calculate the poundage of mercury emitted per unit for the 
     calendar year, which shall be equal to the product obtained 
     by multiplying--

       ``(I) the fuel consumption determined under clause (ii) for 
     the unit for the calendar year; by
       ``(II) the average mercury content determined under clause 
     (iii) for the unit for the calendar year.

       ``(ii) Fuel consumption.--The fuel consumption for a unit 
     shall be equal to the annual average quantity of millions of 
     British thermal units (referred to in this subparagraph as 
     `mmBtu's') consumed by the unit during the calendar year, as 
     submitted to the Secretary of Energy on Department of Energy 
     Form 767.
       ``(iii) Average mercury content.--

       ``(I) Specific data.--The average mercury content per mmBtu 
     of fuel consumed by a unit shall be determined using the best 
     available data from the Department of the Interior and the 
     Department of Energy that characterize the average mercury 
     content of the fuel consumed by the unit during the calendar 
     year.

[[Page S3009]]

       ``(II) Estimated data.--If specific mercury content data 
     from the Department of the Interior and the Department of 
     Energy are not available, the average mercury content shall 
     be estimated using the average mercury content of fossil fuel 
     from mines or wells in the geographic region of each mine or 
     well that supplies the unit.

       ``(C) Emission trading within a generating station.--
       ``(i) In general.--For the purpose of this subsection, 
     taking into consideration the cost of achieving the emission 
     reduction, the Administrator may allow emission trading among 
     the electric utility steam generating units contained in a 
     power generating station at a single site if the aggregate 
     annual reduction from all such units at the power generating 
     station is not less than 95 percent.
       ``(ii) Underlying data.--In carrying out clause (i), the 
     Administrator shall use mercury emission data calculated 
     under paragraph (3)(D).
       ``(D) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material or 
     fuel, or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, work practice, or 
     operational standards (including requirements for operator 
     training or certification) in accordance with subsection (h); 
     or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Other requirements.--

       ``(I) In general.--The requirements for monitoring and 
     analysis under this subparagraph shall include--

       ``(aa) such requirements that result in a representative 
     determination of mercury in ash and sludge; and
       ``(bb) such combination of requirements for continuous or 
     other reliable and representative emission monitoring methods 
     that results in a representative determination of mercury in 
     fuel as received by each electric utility steam generating 
     unit;

     as are requisite to provide accurate and reliable data for 
     determining baseline and controlled emissions of mercury from 
     each electric utility steam generating unit.
       ``(II) Minimum requirement.--If, under subclause (I)(bb), 
     the Administrator does not require an electric utility steam 
     generating unit to use direct emission monitoring methods, 
     the requirements under subclause (I)(bb) shall, at a minimum, 
     result in representative determinations of mercury in fuel as 
     received by the electric utility steam generating unit at 
     such frequencies as are sufficient to determine whether 
     compliance with this subsection is continuous.

       ``(iv) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     and subparagraph (B)(iii) shall be signed by a responsible 
     official of the electric utility steam generating unit, who 
     shall certify the accuracy of the report.
       ``(D) Mercury emission baseline.--
       ``(i) In general.--For each electric utility steam 
     generating unit (referred to in this subparagraph as a 
     `unit'), the Administrator shall calculate the baseline 
     annual average poundage of mercury emitted per unit, which 
     shall be equal to the product obtained by multiplying--

       ``(I) the baseline fuel consumption determined under clause 
     (ii) for the unit; by
       ``(II) the baseline average mercury content determined 
     under clause (iii) for the unit.

       ``(ii) Baseline fuel consumption.--

       ``(I) Units in commercial operation before january 1, 
     1996.--For each unit that began commercial operation before 
     January 1, 1996, the baseline fuel consumption shall be equal 
     to the annual average quantity of millions of British thermal 
     units (referred to in this subparagraph as `mmBtu's') 
     consumed by the unit during the period of calendar years 
     1996, 1997, and 1998, as submitted annually to the Secretary 
     of Energy on Department of Energy Form 767 (referred to in 
     this clause as `Form 767').
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--Subject to subclause 
     (III), for each unit that begins commercial operation between 
     January 1, 1996, and the date that is 180 days after the date 
     of enactment of this subparagraph, the baseline fuel 
     consumption shall be based on the annual average of the fuel 
     use data submitted on Form 767 for each full year of 
     commercial operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--For each unit that has not been 
     in commercial operation for at least 1 year as of the date 
     that is 180 days after the date of enactment of this 
     subparagraph, the Administrator may determine an interim 
     baseline fuel consumption by--

       ``(aa) extrapolating from monthly fuel use data available 
     for the unit; or
       ``(bb) assigning a baseline fuel consumption based on the 
     annual average of the fuel use data submitted on Form 767 for 
     other units that are of similar design and capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--For each unit that begins commercial 
     operation more than 180 days after the date of enactment of 
     this subparagraph, the application for a permit issued in 
     accordance with paragraph (1)(B) for the unit shall include 
     an initial baseline fuel consumption that is based on the 
     maximum design capacity for the unit.
       ``(V) Recalculation after extended period of commercial 
     operation.--At such time as a unit described in any of 
     subclauses (II) through (IV) has submitted fuel use data for 
     3 consecutive years of commercial operation on Form 767, the 
     Administrator shall recalculate the baseline fuel consumption 
     and make modifications, as necessary, to the mercury emission 
     limitations contained in the permit for the unit issued in 
     accordance with paragraph (1)(B).

       ``(iii) Baseline average mercury content.--

       ``(I) Units in commercial operation before january 1, 
     1996.--In the case of a unit described in clause (ii)(I), the 
     baseline average mercury content per mmBtu of fuel consumed 
     by a unit shall be determined using the best available data 
     from the Department of the Interior and the Department of 
     Energy that characterize the average mercury content of the 
     fuel consumed by the unit during the 3-year period described 
     in clause (ii)(I).
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--In the case of a unit 
     described in clause (ii)(II), the baseline average mercury 
     content per mmBtu of fuel consumed by a unit shall be 
     determined using the best available data from the Department 
     of the Interior and the Department of Energy that 
     characterize the average mercury content of the fuel consumed 
     by the unit during each full year of commercial operation 
     that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--In the case of a unit described 
     in clause (ii)(III), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy that characterize the average 
     mercury content of the fuel consumed by the unit--

       ``(aa) during the months used for the extrapolation under 
     clause (ii)(III); or
       ``(bb) based on the average mercury content of fuel 
     consumed by other units that are of similar design and 
     capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--In the case of a unit described in 
     clause (ii)(IV), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy, or data submitted by the unit 
     under subparagraph (B)(iii), that characterize the average 
     mercury content of the fuel consumed by the unit based on the 
     maximum design capacity for the unit.
       ``(V) Estimated data.--If mercury content data described in 
     clauses (I) through (IV) are not available, the baseline 
     average mercury content shall be estimated using the average 
     mercury content of fossil fuel from mines or wells in the 
     geographic region of each mine or well that supplies the 
     unit.

       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered

[[Page S3010]]

     through the use of an emission control, coal cleaning, or 
     another method is disposed of in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing sludges and wastes.--The 
     regulations promulgated by the Administrator under paragraph 
     (1)(A) shall ensure that mercury-containing sludges and 
     wastes are handled and disposed of in accordance with all 
     applicable Federal and State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from electric utility steam 
     generating units, the Administrator shall establish a program 
     of long-term research to develop and disseminate information 
     on methods and techniques such as separating, solidifying, 
     recycling, and encapsulating mercury-containing waste so that 
     mercury does not volatilize, migrate to ground water or 
     surface water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each electric utility steam 
     generating unit.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

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

       Section 112 of the Clean Air Act (as amended by section 3) 
     is amended by inserting after subsection (s) the following:
       ``(t) Mercury Emission Standards for Coal- and Oil-Fired 
     Commercial and Industrial Boiler Units.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') applicable to 
     existing and new coal- and oil-fired commercial and 
     industrial boiler units that have a maximum design heat input 
     capacity of 10 mmBtu per hour or greater.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each coal- or oil-
     fired commercial or industrial boiler unit shall have an 
     enforceable permit issued under title V that complies with 
     this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each coal- or oil-fired commercial or industrial 
     boiler unit shall achieve compliance with the mercury 
     emission standards established under subparagraph (A) in 
     accordance with the procedures and schedules established 
     under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--Subject to 
     subparagraph (C), the emission standards established under 
     paragraph (1)(A) shall require that each coal- or oil-fired 
     commercial or industrial boiler unit reduce its annual 
     poundage of mercury emitted, as calculated under subparagraph 
     (B), below its mercury emission baseline, as calculated under 
     paragraph (3)(D), by not less than 95 percent.
       ``(B) Calculation of annual poundage of mercury emitted.--
       ``(i) In general.--For each coal- or oil-fired commercial 
     or industrial boiler unit (referred to in this subparagraph 
     as a `unit') and each calendar year, the Administrator shall 
     calculate the poundage of mercury emitted per unit for the 
     calendar year, which shall be equal to the product obtained 
     by multiplying--

       ``(I) the fuel consumption determined under clause (ii) for 
     the unit for the calendar year; by
       ``(II) the average mercury content determined under clause 
     (iii) for the unit for the calendar year.

       ``(ii) Fuel consumption.--The fuel consumption for a unit 
     shall be equal to the annual average quantity of millions of 
     British thermal units (referred to in this subparagraph as 
     `mmBtu's') consumed by the unit during the calendar year, as 
     submitted to the Secretary of Energy on Department of Energy 
     Forms EIA-3 and EIA-846 (A,B,C).
       ``(iii) Average mercury content.--

       ``(I) Specific data.--The average mercury content per mmBtu 
     of fuel consumed by a unit shall be determined using the best 
     available data from the Department of the Interior and the 
     Department of Energy (as submitted to the Secretary of Energy 
     on Department of Energy Form EIA-3A) that characterize the 
     average mercury content of the fuel consumed by the unit 
     during the calendar year.
       ``(II) Estimated data.--If specific mercury content data 
     from the Department of the Interior and the Department of 
     Energy are not available, the average mercury content shall 
     be estimated using the average mercury content of coal mined 
     or oil produced in the geographic region of each mine or well 
     that supplies the unit.

       ``(C) Emission trading within a facility.--
       ``(i) In general.--For the purpose of this subsection, 
     taking into consideration the cost of achieving the emission 
     reduction, the Administrator may allow emission trading among 
     the coal- and oil-fired commercial and industrial boiler 
     units contained in a facility at a single site if the 
     aggregate annual reduction from all such units at the 
     facility is not less than 95 percent.
       ``(ii) Underlying data.--In carrying out clause (i), the 
     Administrator shall use mercury emission data calculated 
     under paragraph (3)(D).
       ``(D) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material or 
     fuel, or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, work practice, or 
     operational standards (including requirements for operator 
     training or certification) in accordance with subsection (h); 
     or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Other requirements.--

       ``(I) In general.--The requirements for monitoring and 
     analysis under this subparagraph shall include--

       ``(aa) such requirements that result in a representative 
     determination of mercury in ash and sludge; and
       ``(bb) such combination of requirements for continuous or 
     other reliable and representative emission monitoring methods 
     that results in a representative determination of mercury in 
     fuel as received by each coal- or oil-fired commercial or 
     industrial boiler unit;

     as are requisite to provide accurate and reliable data for 
     determining baseline and controlled emissions of mercury from 
     each coal- or oil-fired commercial or industrial boiler unit.
       ``(II) Minimum requirement.--If, under subclause (I)(bb), 
     the Administrator does not require a coal- or oil-fired 
     commercial or industrial boiler unit to use direct emission 
     monitoring methods, the requirements under subclause (I)(bb) 
     shall, at a minimum, result in representative determinations 
     of mercury in fuel as received by the boiler unit at such 
     frequencies as are sufficient to determine whether compliance 
     with this subsection is continuous.

       ``(iv) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     and subparagraph (B)(iii) shall be signed by a responsible 
     official of the coal- or oil-fired commercial or industrial 
     boiler unit, who shall certify the accuracy of the report.
       ``(D) Mercury emission baseline.--
       ``(i) In general.--For each coal- or oil-fired commercial 
     or industrial boiler unit (referred to in this subparagraph 
     as a `unit'), the Administrator shall calculate the baseline 
     annual average poundage of mercury emitted per unit, which 
     shall be equal to the product obtained by multiplying--

[[Page S3011]]

       ``(I) the baseline fuel consumption determined under clause 
     (ii) for the unit; by
       ``(II) the baseline average mercury content determined 
     under clause (iii) for the unit.

       ``(ii) Baseline fuel consumption.--

       ``(I) Units in commercial operation before january 1, 
     1996.--For each unit that began commercial operation before 
     January 1, 1996, the baseline fuel consumption shall be equal 
     to the annual average quantity of millions of British thermal 
     units (referred to in this subparagraph as `mmBtu's') 
     consumed by the unit during the period of calendar years 
     1996, 1997, and 1998, as submitted annually to the Secretary 
     of Energy on Department of Energy Forms EIA-3 and EIA-846 
     (A,B,C) (referred to in this clause as the `Forms').
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--Subject to subclause 
     (III), for each unit that begins commercial operation between 
     January 1, 1996, and the date that is 180 days after the date 
     of enactment of this subparagraph, the baseline fuel 
     consumption shall be based on the annual average of the fuel 
     use data submitted on the Forms for each full year of 
     commercial operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--For each unit that has not been 
     in commercial operation for at least 1 year as of the date 
     that is 180 days after the date of enactment of this 
     subparagraph, the Administrator may determine an interim 
     baseline fuel consumption by--

       ``(aa) extrapolating from monthly fuel use data available 
     for the unit; or
       ``(bb) assigning a baseline fuel consumption based on the 
     annual average of the fuel use data submitted on the Forms 
     for other units that are of similar design and capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--For each unit that begins commercial 
     operation more than 180 days after the date of enactment of 
     this subparagraph, the application for a permit issued in 
     accordance with paragraph (1)(B) for the unit shall include 
     an initial baseline fuel consumption that is based on the 
     maximum design capacity for the unit.
       ``(V) Recalculation after extended period of commercial 
     operation.--At such time as a unit described in any of 
     subclauses (II) through (IV) has submitted fuel use data for 
     3 consecutive years of commercial operation on the Forms, the 
     Administrator shall recalculate the baseline fuel consumption 
     and make modifications, as necessary, to the mercury emission 
     limitations contained in the permit for the unit issued in 
     accordance with paragraph (1)(B).

       ``(iii) Baseline average mercury content.--

       ``(I) Units in commercial operation before january 1, 
     1996.--In the case of a unit described in clause (ii)(I), the 
     baseline average mercury content per mmBtu of fuel consumed 
     by a unit shall be determined using the best available data 
     from the Department of the Interior and the Department of 
     Energy (as submitted to the Secretary of Energy on Department 
     of Energy Form EIA-3A) that characterize the average mercury 
     content of the fuel consumed by the unit during the 3-year 
     period described in clause (ii)(I).
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--In the case of a unit 
     described in clause (ii)(II), the baseline average mercury 
     content per mmBtu of fuel consumed by a unit shall be 
     determined using the best available data from the Department 
     of the Interior and the Department of Energy (as submitted to 
     the Secretary of Energy on Department of Energy Form EIA-3A) 
     that characterize the average mercury content of the fuel 
     consumed by the unit during each full year of commercial 
     operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--In the case of a unit described 
     in clause (ii)(III), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy (as submitted to the Secretary 
     of Energy on Department of Energy Form EIA-3A) that 
     characterize the average mercury content of the fuel consumed 
     by the unit--

       ``(aa) during the months used for the extrapolation under 
     clause (ii)(III); or
       ``(bb) based on the average mercury content of fuel 
     consumed by other units that are of similar design and 
     capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--In the case of a unit described in 
     clause (ii)(IV), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy (as submitted to the Secretary 
     of Energy on Department of Energy Form EIA-3A), or data 
     submitted by the unit under subparagraph (B)(iii), that 
     characterize the average mercury content of the fuel consumed 
     by the unit based on the maximum design capacity for the 
     unit.
       ``(V) Estimated data.--If mercury content data described in 
     clauses (I) through (IV) are not available, the baseline 
     average mercury content shall be estimated using the average 
     mercury content of coal mined or oil produced in the 
     geographic region of each mine or well that supplies the 
     unit.

       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control, coal cleaning, or another method 
     is disposed of in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing sludges and wastes.--The 
     regulations promulgated by the Administrator under paragraph 
     (1)(A) shall ensure that mercury-containing sludges and 
     wastes are handled and disposed of in accordance with all 
     applicable Federal and State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from coal- and oil-fired 
     commercial and industrial boiler units, the Administrator 
     shall establish a program of long-term research to develop 
     and disseminate information on methods and techniques such as 
     separating, solidifying, recycling, and encapsulating 
     mercury-containing waste so that mercury does not volatilize, 
     migrate to ground water or surface water, or contaminate the 
     soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each coal- or oil-fired commercial 
     or industrial boiler unit.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

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

       (a) Separation of Mercury-Containing Items.--Section 3002 
     of the Solid Waste Disposal Act (42 U.S.C. 6922) is amended 
     by adding at the end the following:
       ``(c) Separation of Mercury-Containing Items.--
       ``(1) Publication of list.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     publish a list of mercury-containing items that shall be 
     required to be separated and removed from the waste streams 
     that feed solid waste management facilities.
       ``(B) Required items.--The list shall include mercury-
     containing items such as fluorescent light bulbs, batteries, 
     pharmaceuticals, laboratory chemicals and reagents, 
     electrical devices such as thermostats, relays, and switches, 
     and medical and scientific instruments.
       ``(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 by the Administrator under paragraph (1) from the 
     waste streams that feed any solid waste management facility;
       ``(ii) subject to the other requirements of this subtitle, 
     transferring the separated waste to a recycling facility or a 
     treatment, storage, or disposal facility that holds a permit 
     under this subtitle;
       ``(iii) monitoring and reporting on compliance with the 
     plan; and
       ``(iv) achieving full compliance with the plan not later 
     than 18 months after the date of approval of the plan in 
     accordance with subparagraph (B).
       ``(B) Plan approval.--
       ``(i) Deadline.--The Administrator (or the State) shall 
     determine whether to approve or disapprove a plan submitted 
     under subparagraph (A) not later than 180 days after the date 
     of receipt of the plan.
       ``(ii) Preference.--In determining whether to approve a 
     plan, the Administrator (or the State) shall give preference 
     to recycling or

[[Page S3012]]

     stabilization of mercury-containing items over disposal of 
     the items.
       ``(C) Amended plan.--
       ``(i) Submission.--If the Administrator (or the State) 
     disapproves a plan, the person may submit an amended plan not 
     later than 90 days after the date of disapproval.
       ``(ii) Approval.--The Administrator (or the State) shall 
     approve or disapprove the amended plan not later than 30 days 
     after the date of receipt of the plan.
       ``(D) Plan by administrator (or state).--
       ``(i) In general.--If an amended plan is not submitted to 
     the Administrator (or the State) within 90 days after the 
     date of disapproval, or if an amended plan has been submitted 
     and subsequently disapproved, the Administrator (or the 
     State) shall issue a determination that it is necessary for 
     the Administrator (or the State) to promulgate a plan for the 
     person.
       ``(ii) Plan.--Not later than 180 days after issuing the 
     determination, the Administrator (or the State) shall 
     develop, publish in the Federal Register (or submit to the 
     Administrator for publication in the Federal Register), 
     implement, and enforce a plan that meets the criteria 
     specified in subparagraph (A) and ensures that full 
     compliance with the plan will be achieved not later than 18 
     months after the date of publication of the plan.
       ``(E) Enforceability.--Upon approval by the Administrator 
     (or the State) of a plan submitted under subparagraph (A), or 
     upon publication of a plan developed by the Administrator (or 
     the State) under subparagraph (D), the plan shall be 
     enforceable under this Act.''.
       (b) Solid Waste Incineration Unit Mercury Emission 
     Monitoring and Analysis.--Section 129(e) of the Clean Air Act 
     (42 U.S.C. 7429(e)) is amended--
       (1) by striking ``Beginning (1) 36'' and inserting the 
     following:
       ``(1) In general.--Beginning (A) 36'';
       (2) in the first sentence, by redesignating paragraph (2) 
     as subparagraph (B); and
       (3) by adding at the end the following:
       ``(2) Solid waste incineration unit mercury emission 
     monitoring and analysis.--
       ``(A) Procedures and methods.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations prescribing procedures and methods 
     for--

       ``(I) monitoring and analysis for mercury emissions from 
     solid waste combustion flue gases; 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.--Each permit described in paragraph (1) 
     shall specify inspection, entry, monitoring, compliance 
     certification, and reporting requirements with respect to 
     mercury to ensure compliance with the permit terms and 
     conditions, including a requirement that the permittee submit 
     to the permitting authority, not less often than every 90 
     days, the results of any required monitoring.
       ``(ii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the solid waste 
     incineration unit or by a municipal official, who shall 
     certify the accuracy of the report.
       ``(C) Establishment of maximum mercury emission rate.--
       ``(i) Determination by the administrator.--Based on the 
     reports required to be submitted under subparagraph (B)(i) 36 
     months, 39 months, and 42 months after the date of enactment 
     of this subparagraph, the Administrator (or the State) shall 
     make a determination as to whether the solid waste 
     incinerator unit has achieved and is continuously maintaining 
     a mercury emission rate of not more than 0.080 milligrams per 
     dry standard cubic meter.
       ``(ii) Requirement of installation of controls.--If the 
     mercury emission rate specified in clause (i) is not achieved 
     and maintained over the period covered by the reports 
     referred to in clause (i), or over any 2 out of 3 reporting 
     periods thereafter, the Administrator shall require that the 
     solid waste incineration unit install control equipment and 
     techniques that will, within 3 years, result in a mercury 
     emission rate by the unit of not more than 0.060 milligrams 
     per dry standard cubic meter.
       ``(iii) Enforceability.--The requirements of this 
     subparagraph shall be an enforceable modification to any 
     existing or new permit described in paragraph (1) for the 
     solid waste incineration unit.
       ``(D) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(E) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(i) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each solid waste incineration unit.
       ``(ii) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     subparagraph (B).''.
       (c) Phaseout of Mercury in Products.--Section 112 of the 
     Clean Air Act (as amended by section 4) is amended by 
     inserting after subsection (t) the following:
       ``(u) Phaseout of Mercury in Products.--
       ``(1) Definition of manufacturer.--In this subsection, the 
     term `manufacturer' includes an importer for resale.
       ``(2) Prohibition on sale.--Beginning 3 years after the 
     date of enactment of this paragraph, a manufacturer shall not 
     sell any mercury-containing product, whether manufactured 
     domestically, imported, or manufactured for export, unless 
     the manufacturer has applied for and has been granted by the 
     Administrator an exemption from the prohibition on sale 
     specified in this paragraph.
       ``(3) Procedures for making exemption application 
     determinations.--Before making a determination on an 
     application, the Administrator shall--
       ``(A) publish notice of the application in the Federal 
     Register;
       ``(B) provide a public comment period of 60 days; and
       ``(C) conduct a hearing on the record.
       ``(4) Criteria for exemption.--In making a determination on 
     an application, the Administrator may grant an exemption from 
     the prohibition on sale only if--
       ``(A) the Administrator determines that the mercury-
     containing product is a product the use of which is 
     essential;
       ``(B) the Administrator determines that there is no 
     comparable product that does not contain mercury and that is 
     available in the marketplace at a reasonable cost; and
       ``(C) through documentation submitted by the manufacturer, 
     the Administrator determines that the manufacturer has 
     established a program to take back, after use by the 
     consumer, all mercury-containing products subject to the 
     exemption that are manufactured after the date of approval of 
     the application.
       ``(5) Term of exemption.--
       ``(A) In general.--An exemption may be granted for a period 
     of not more than 3 years.
       ``(B) Renewals.--Renewal of an exemption shall be carried 
     out in accordance with paragraphs (3) and (4).
       ``(6) Publications in the federal register.--The 
     Administrator shall publish in the Federal Register--
       ``(A) a description of each exemption application approval 
     or denial; and
       ``(B) on an annual basis, a list of products for which 
     exemptions have been granted under this subsection.''.

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

       Section 112 of the Clean Air Act (as amended by section 
     5(c)) is amended by inserting after subsection (u) the 
     following:
       ``(v) Mercury Emission Standards for Chlor-Alkali Plants.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the direct 
     and fugitive emission of mercury and mercury compounds 
     (collectively referred to in this subsection as `mercury') 
     applicable to existing and new chlor-alkali plants that use 
     the mercury cell production process (referred to in this 
     subsection as `mercury cell chlor-alkali plants').
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each mercury cell 
     chlor-alkali plant shall have an enforceable permit issued 
     under title V that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each mercury cell chlor-alkali plant shall 
     achieve compliance with the mercury emission standards 
     established under subparagraph (A) in accordance with the 
     procedures and schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--The emission 
     standards established under paragraph (1)(A) shall require 
     that each mercury cell chlor-alkali plant reduce its annual 
     poundage of direct and fugitive mercury emitted below its 
     mercury emission baseline, as determined by the 
     Administrator, by not less than 95 percent.
       ``(B) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material, 
     or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point, or through evaporation of a spill;
       ``(iv) consist of design, equipment, manufacturing process, 
     work practice, or operational standards (including 
     requirements for operator training or certification or spill 
     prevention) in accordance with subsection (h); or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;

[[Page S3013]]

       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the mercury cell 
     chlor-alkali plant, who shall certify the accuracy of the 
     report.
       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control or another method is disposed of 
     in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing wastes.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury-containing wastes are handled and 
     disposed of in accordance with all applicable Federal and 
     State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from mercury cell chlor-alkali 
     plants, the Administrator shall establish a program of long-
     term research to develop and disseminate information on 
     methods and techniques such as separating, solidifying, 
     recycling, and encapsulating mercury-containing waste so that 
     mercury does not volatilize, migrate to ground water or 
     surface water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each mercury cell chlor-alkali 
     plant.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

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

       Section 112 of the Clean Air Act (as amended by section 6) 
     is amended by inserting after subsection (v) the following:
       ``(w) Mercury Emission Standards for Portland Cement 
     Plants.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations--
       ``(i) to establish standards for the control of direct dust 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') from crushers, 
     mills, dryers, kilns (excluding emission from such burning of 
     hazardous waste-containing fuel in a cement kiln as is 
     regulated under section 3004(q) of the Solid Waste Disposal 
     Act (42 U.S.C. 6924(q)), and clinker coolers at existing and 
     new Portland cement plants; and
       ``(ii) to establish standards for the control of fugitive 
     dust emission of mercury from storage, transport, charging, 
     and discharging operations at existing and new Portland 
     cement plants.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each Portland cement 
     plant shall have an enforceable permit issued under title V 
     that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each Portland cement plant shall achieve 
     compliance with the mercury emission standards established 
     under subparagraph (A) in accordance with the procedures and 
     schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--The emission 
     standards established under paragraph (1)(A) shall require 
     that each Portland cement plant reduce its annual poundage of 
     direct and fugitive mercury emitted below its mercury 
     emission baseline, as determined by the Administrator, by not 
     less than 95 percent.
       ``(B) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material, 
     or other method;
       ``(ii) enclose systems, processes, or storage to eliminate 
     mercury emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, manufacturing process, 
     work practice, or operational standards (including 
     requirements for operator training or certification) in 
     accordance with subsection (h); or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the Portland 
     cement plant, who shall certify the accuracy of the report.
       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control or another method is disposed of 
     in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing wastes.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury-containing wastes are handled and 
     disposed of in accordance with all applicable Federal and 
     State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from Portland cement plants, 
     the Administrator shall establish a program of long-term 
     research to develop and disseminate information on methods 
     and techniques such as separating, solidifying, recycling, 
     and encapsulating mercury-containing waste so that mercury 
     does not volatilize, migrate to ground water or surface 
     water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or

[[Page S3014]]

     replace any requirement of a more stringent emission 
     limitation or other applicable requirement established under 
     this Act or a standard issued under State law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each Portland cement plant.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

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

       (a) In General.--Not later than December 31, 2000, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report on the extent to which the annual 
     poundage of mercury and mercury compounds emitted by each 
     medical waste incinerator in the United States has been 
     reduced below the baseline for the medical waste incinerator 
     determined under subsection (b).
       (b) Baseline.--
       (1) Use of actual data.--As a baseline for measuring 
     emission reductions, the report shall use the mercury and 
     mercury compound emission data that were submitted or 
     developed during the process of permitting of the medical 
     waste incinerator under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
       (2) Lack of actual data.--If the data described in 
     paragraph (1) are not available, the Administrator shall 
     develop an estimate of baseline mercury emissions based on 
     other sources of data and the best professional judgment of 
     the Administrator.

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

       (a) In General.--Not later than December 31, 2000, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report on the extent to which the annual 
     poundage of mercury and mercury compounds emitted by each 
     hazardous waste combustor in the United States has been 
     reduced below the baseline for the hazardous waste combustor 
     determined under subsection (b).
       (b) Baseline.--
       (1) Use of actual data.--As a baseline for measuring 
     emission reductions, the report shall use the mercury and 
     mercury compound emission data that were submitted or 
     developed during the process of permitting of the hazardous 
     waste combustor under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
       (2) Lack of actual data.--If the data described in 
     paragraph (1) are not available, the Administrator shall 
     develop an estimate of baseline mercury emissions based on 
     other sources of data and the best professional judgment of 
     the Administrator.

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

       (a) In General.--Not later than December 31, 2000, the 
     Secretary of Defense shall submit to Congress a report on the 
     use of mercury and mercury compounds by the Department of 
     Defense.
       (b) Contents.--In the report, the Secretary of Defense 
     shall describe--
       (1) measures that the Department of Defense is carrying out 
     to reduce the use and emissions of mercury and mercury 
     compounds by the Department; and
       (2) measures that the Department of Defense is carrying out 
     to stabilize or recycle discarded mercury or discarded 
     mercury-containing products.

     SEC. 11. INTERNATIONAL ACTIVITIES.

       (a) Study and Report.--Not later than December 31, 2000, 
     the Administrator of the Environmental Protection Agency, in 
     cooperation with appropriate representatives of Canada and 
     Mexico, shall study and submit to Congress a report on the 
     sources and extent of mercury emissions in North America.
       (b) Review.--Before submitting the report to Congress, the 
     Administrator shall submit the report for--
       (1) internal and external scientific peer review; and
       (2) review by the Science Advisory Board established by 
     section 8 of the Environmental Research, Development, and 
     Demonstration Authorization Act of 1978 (42 U.S.C. 4365).
       (c) Required Elements.--The report shall include--
       (1) a characterization and identification of the sources of 
     emissions of mercury in North America;
       (2) a description of the patterns and pathways taken by 
     mercury pollution through the atmosphere and surface water; 
     and
       (3) recommendations for pollution control measures, 
     options, and strategies that, if implemented individually or 
     jointly by the United States, Canada, and Mexico, will 
     eliminate or greatly reduce transboundary atmospheric and 
     surface water mercury pollution in North America.

     SEC. 12. MERCURY RESEARCH.

       Section 103 of the Clean Air Act (42 U.S.C. 7403) is 
     amended by adding at the end the following:
       ``(l) Mercury Research.--
       ``(1) Establishment of programs.--The Administrator shall 
     establish--
       ``(A) a program to characterize and quantify the potential 
     mercury-related health effects on high-risk populations (such 
     as pregnant women and their fetuses, women of childbearing 
     age, children, and individuals who subsist primarily on 
     fish); and
       ``(B) a mercury public awareness and prevention program 
     targeted at populations most at risk from exposure to 
     mercury.
       ``(2) Study of implementation of measures to control 
     mercury emissions.--
       ``(A) Establishment of advisory committee.--Not later than 
     3 years after the date of enactment of this subsection, the 
     Secretary of Health and Human Services and the Administrator 
     shall establish an advisory committee to evaluate and prepare 
     a report on the progress made by the Federal Government, 
     State and local governments, industry, and other regulated 
     entities to implement and comply with the mercury-related 
     amendments to the Clean Air Act (42 U.S.C. 7401 et seq.) made 
     by the Omnibus Mercury Emissions Reduction Act of 1999.
       ``(B) Membership.--
       ``(i) In general.--The advisory committee shall consist of 
     at least 15 members, of whom at least 1 member shall 
     represent each of the following:

       ``(I) The Department of Health and Human Services.
       ``(II) The Agency for Toxic Substances and Disease 
     Registry.
       ``(III) The Food and Drug Administration.
       ``(IV) The Environmental Protection Agency.
       ``(V) The National Academy of Sciences.
       ``(VI) Native American populations.
       ``(VII) State and local governments.
       ``(VIII) Industry.
       ``(IX) Environmental organizations.
       ``(X) Public health organizations.

       ``(ii) Appointment.--The Secretary of Health and Human 
     Services and the Administrator shall each appoint not fewer 
     than 7 members of the advisory committee.
       ``(C) Duties.--The advisory committee shall--
       ``(i) evaluate the adequacy and completeness of data 
     collected and disseminated by the Environmental Protection 
     Agency and each State that reports on and measures mercury 
     contamination in the environment;
       ``(ii) make recommendations to the Secretary of Health and 
     Human Services and the Administrator concerning--

       ``(I) changes necessary to improve the quality and ensure 
     consistency from State to State of Federal and State data 
     collection, reporting, and characterization of baseline 
     environmental conditions; and
       ``(II) methods for improving public education, particularly 
     among high-risk populations (such as pregnant women and their 
     fetuses, women of childbearing age, children, and individuals 
     who subsist primarily on fish), concerning the pathways and 
     effects of mercury contamination and consumption; and

       ``(iii) not later than 4 years after the date of enactment 
     of this subsection, compile and make available to the public, 
     through 1 or more published reports and 1 or more forms of 
     electronic media, the findings, recommendations, and 
     supporting data, including State-specific data, of the 
     advisory committee under this subparagraph.
       ``(D) Compensation.--
       ``(i) In general.--A member of the advisory committee shall 
     receive no compensation by reason of the service of the 
     member on the advisory committee.
       ``(ii) Travel expenses.--A member of the advisory committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of services for the advisory 
     committee.
       ``(E) Duration of advisory committee.--The advisory 
     committee--
       ``(i) shall terminate not earlier than the date on which 
     the Secretary of Health and Human Services and the 
     Administrator determine that the findings, recommendations, 
     and supporting data prepared by the advisory committee have 
     been made available to the public; and
       ``(ii) may, at the discretion of the Secretary of Health 
     and Human Services and the Administrator, continue in 
     existence after that date to further carry out the duties 
     described in subparagraph (C).
       ``(F) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory committee established under this 
     paragraph.
       ``(G) Funding.--The Secretary of Health and Human Services 
     and the Administrator shall each provide 50 percent of the 
     funding necessary to carry out this paragraph.
       ``(3) Report on mercury sedimentation trends.--Not later 
     than 1 year after the date of enactment of this subsection, 
     the Administrator shall submit to Congress a report that 
     characterizes mercury and mercury-compound sedimentation 
     trends in Lake Champlain, Chesapeake Bay, the Great Lakes, 
     the finger lakes region of upstate New York, Tampa Bay, and 
     other water bodies of concern (as determined by the 
     Administrator).
       ``(4) Evaluation of fish consumption advisories.--
       ``(A) In general.--The Administrator shall evaluate the 
     adequacy, consistency, completeness, and public dissemination 
     of--
       ``(i) data collected by the Environmental Protection Agency 
     and each State concerning mercury contamination of fish; and
       ``(ii) advisories to warn the public about the consumption 
     of mercury-contaminated

[[Page S3015]]

     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 any authority of a State to advise residents of the 
     mercury content of commercially sold foods and other 
     products.''.
                                  ____


    Overview of the Omnibus Mercury Emissions Reduction Act of 1999

     Why has Senator Leahy introduced the ``Omnibus Mercury 
         Emissions Reduction Act of 1999''?
       Senator Leahy's concerns about the current and long-term 
     environmental and health consequences in the United States 
     resulting from the discharge of toxic chemicals into the 
     environment are lonstanding. He is particularly concerned 
     about the effects of mercury. He is also concerned about 
     transport of air pollution from other parts of the nation to 
     the lakes, rivers, forests, and agricultural lands of 
     Vermont.
       EPA's ``Mercury Study Report to Congress,'' mandated by the 
     1990 Clean Air Act, documents mercury pollution sources and 
     troubling trends in mercury pollution in the United States.
       Mercury is one of the last major pollutants without an 
     overall pollution control strategy, and as a result it 
     remains largely uncontrolled.
     What are the key findings of the ``Mercury Study Report to 
         Congress''?
       Scientific and medical evidence show that exposure to 
     mercury and mercury compounds is harmful to human health, and 
     concentrations of it in the environment are arising (e.g., in 
     lake and river sediments).
       Pregnant women and their developing fetuses, women of 
     child-bearing age, and children under the age of 8 are most 
     at risk for mercury-related health effects such as 
     neurotoxicity.
       Neurotoxicity symptoms include impaired vision, speech, 
     hearing, and walking; sensory disturbances; incoordination of 
     movements; nervous system damage very similar to congenital 
     cerebal palsy; mental disturbances; and, in some cases, 
     death.
       Exposure to mercury and mercury compounds occurs most 
     frequently through consumption of mercury-contaminated fish 
     but can also occur through ingestion of methyl-mercury 
     contaminated drinking water and food sources other than fish, 
     and dermal uptake through soil and water.
       The major sources of mercury emissions in the United States 
     are coal-fired electrical utility steam generating units, 
     solid waste combustors, commercial and industrial boilers, 
     medical waste incinerators, hazardous waste combustors, 
     chlor-alkali plants (which manufacture chlorine and sodium 
     hydroxide), and Portland cement plants.
       EPA's analysis of mercury deposits and transport, in 
     conjunction with available scientific knowledge, supports a 
     plausible link between mercury emissions from combustion and 
     industrial sources and mercury concentrations in air, soil, 
     water, and sediments.
       The following geographical areas have the highest annual 
     rate of deposition of mercury in all forms: the southern 
     Great Lakes and Ohio River Valley; the Northeast and 
     southern  New England; and scattered areas in the South, 
     with the most elevated deposition occurring in the Miami 
     and Tampa areas and in two areas in northeast Texas.
       The analysis of mercury deposits and transport supports a 
     plausible link between mercury emissions from combustion and 
     industrial sources and methyl mercury concentrations in 
     freshwater fish. In 1997, 40 states have issued health 
     advisories warning the public about consuming mercury-tainted 
     fish, compared to 27 states in 1993. Eleven states have 
     issued state-wide advisories, and 5 states have issued 
     advisories for coastal waters. Mercury advisories have 
     increased 98 percent from 899 in 1993 to 1,782 in 1998.
       The presence of mercury in consumer products is of concern 
     in light of the health consequences associated with exposure 
     to mercury.
       The presence of mercury in certain batteries and 
     fluorescent light bulbs is of special concern, particularly 
     given 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 municipal waste incineration.
     Estimates of U.S. Annual Mercury Emissions Rates for the 
         Largest Emitting Source Categories Source of Data: 
         Mercury Study Report to Congress, December 1997
     Coal Fired Utility Boilers: 52 tons per year
     Solid Waste Combustors: 30 tons per year
     Commercial/Industrial Boilers: 29 tons per year
     Medical Waste Incinerators: 16 tons per year
     Hazardous Waste Combustors: 7 tons per year
     Chlor-Alkali Plants: 7 tons per year
     Portland Cement Plants: 5 tons per year
     Key features of the ``Omnibus Mercury Emissions Reduction Act 
         of 1999''
       Directs EPA to promulgate mercury emissions standards and 
     regulatory strategies for the largest emitting source 
     categories: fossil-fuel fired electric utility steam 
     generating units; fossil-fuel fired commercial and industrial 
     boilers; solid waste combustors; chlor-alkali plants; and 
     Portland cement plants.
       Requires Reports to Congress: By EPA on progress in 
     implementing mercury emission reductions for medical waste 
     incinerators pursuant to existing regulations; by EPA on 
     progress in implementing mercury emission reductions for 
     hazardous waste combustors pursuant to existing regulations; 
     by the Department of Defense on the use of mercury and 
     mercury compounds by DoD.
     Other features of ``Omnibus Mercury Emissions Reduction Act 
         of 1999''
       Directs EPA to work with Canada and Mexico to inventory the 
     sources and pathways of mercury air and water pollution 
     within North America, and recommend options and strategies to 
     greatly reduce transboundary atmospheric and surface water 
     mercury pollution in North America.
       Expanded research into characterizing the health effects of 
     mercury pollution to critical populations (i.e., pregnant 
     women and their fetuses, women of child bearing age, and 
     children).
       Requires safe disposal of mercury recovered through coal 
     cleaning, flue gas control systems, and other pollution 
     control systems so that the hazards emanating from mercury 
     are not merely transferred from one environmental medium to 
     another.
       Requires annual public reporting (hardcopy publication and 
     Internet) of facility-specific emissions of mercury and 
     mercury compounds;
       Requires labeling of mercury containing items such as 
     fluorescent light bulbs, batteries, pharmaceuticals, 
     laboratory chemicals and reagents, electrical devices such as 
     thermostats, relays, and switches, and medical and scientific 
     equipment.
       Begins a phase out of mercury from products. Exceptions may 
     be made for essential uses.
       Implementation of public awareness and prevention programs.
       More consistent state-by-state information on mercury-
     related fish consumption advisories.
       Expanded characterization of mercury sedimentation trends 
     and effects in Lake Champlain, the Great Lakes, the 
     Chesapeake Bay, the finger lakes region of upstate New York, 
     Tampa Bay, and other major water bodies.
                                 ______