[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.
______