[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Pages S2941-S2943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Ms. Snowe):
  S. 484. A bill to amend the Clean Air Act to establish requirements 
concerning the operation of fossil fuel-fired electric utility stem 
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 Environmental and Public Works.
  Mr. LEAHY. Mr. President, the risks and health effects of mercury 
contamination continue to be serious and immediate. We have known about 
mercury pollution for many years. It remains one of, if not the last 
of, the

[[Page S2942]]

major toxic pollutants without a comprehensive plan to control its 
spread. We know where the sources contributing to mercury contamination 
are, we have a pretty good idea where it goes, and we definitely know 
what harm it causes to people and to wildlife. Yet, serious 
contamination continues. That is why I am reintroducing important 
legislation today to confront this problem directly.
  The most serious threat of mercury pollution is to our children. Just 
this week, the Environmental Protection Agency finally released their 
report, ``American's Children and the Environment: Measures of 
Contaminants, Body Burdens and Illnesses.'' The report should alarm all 
of us. It highlights the neurological harm that can come to children 
exposed to elevated mercury levels while in the womb and during the 
first years of their lives. As more mercury is dumped into our 
environment, more children will be at risk. Today, according to the 
Centers for Disease Control, 1 in 12 women of childbearing age has 
mercury levels above the safe health threshold established by EPA.
  Although the report comes nine months late, it does highlight a 
serious gap between the Administration's ``Clear Skies'' proposal and 
the Leahy/Snowe bill when it comes to reducing mercury levels. The only 
thing clear about the Administration's proposal is that it won't 
protect Vermont's children from the pollution spewing out of power 
plants in the Midwest. The Administration's Clear Skies proposal will 
actually relax current mercury emissions law.
  Our bill will reduce mercury emission from coal-fired power plants by 
90 percent. The Clear Skies proposal would only reduce emissions by 50 
percent in the near future and 70 percent over the next 15 years. Not 
only does this fall far short of our proposal, but it also falls short 
of current law and the Administration's previous position. In 2001, EPA 
Administrator Christie Todd Whitman said the EPA had initiated strict 
``maximum achievable control technology'' MACT, standards for oil- and 
coal-fired electric utility units as required under section 112 of the 
Clean Air Act. At that time, Whitman said that mercury reductions are 
``necessary now, not decades from now.''
  Administrator Whitman was right then and wrong now. With industry's 
vigorous opposition to tighter mercury controls and the Bush 
administration's record to date rolling back environmental legislation 
regulation, especially the Clean Air Act, I worry that more children 
will be put at risk as the Administration continues to delay the MACT 
standards and other policies. The delays and rollbacks make you ask 
whose interests the Administration is putting first--children, or the 
big powerplant companies?
  I ask for unanimous consent that a summary of the bill be printed in 
the Record.
  There being no objection, the summary of the bill was ordered to be 
printed in the Record, as follows:

     Summary of the Omnibus Mercury Emissions Reduction Act of 2003


   What will the Omnibus Mercury Emissions Reduction Act of 2003 do?

       The Omnibus Mercury Emissions Reduction Act of 2003 
     mandates substantial reductions in mercury emissions from all 
     major sources in the United States. It is the only 
     comprehensive legislation to control mercury emissions from 
     all major sources. It directs EPA to issue new standards for 
     unregulated sources and to monitor and report on the progress 
     of currently regulated sources. It sets an aggressive 
     timetable for these reductions so that mercury emissions are 
     reduced as soon as possible.
       With these emissions reductions, the bill requires the safe 
     disposal of mercury recovered from pollution control systems, 
     so that the hazards of mercury are not merely transferred 
     from one environmental medium to another. It requires annual 
     public reporting--in both paper and electronic form--of 
     facility-specific mercury emissions. It phases out mercury 
     use in consumer products, requires product labeling, and 
     mandates international cooperation. It supports research into 
     the retirement of excess mercury, the handling of mercury 
     waste, the effectiveness of fish consumption advisories, and 
     the magnitude of previously uninventoried sources.


 Section 3. Mercury emission standards for fossil fuel-fired electric 
                     utility steam generating units

       The EPA's ``Mercury Study Report to Congress'' estimated 52 
     tons of mercury emissions per year from coal- and oil-fired 
     electric utility steam generating units. More recently, an 
     EPA inventory estimated 43 tons of mercury from coal-fired 
     power plants. Collectively, these power plants constitute the 
     largest source of mercury emissions in the United States. In 
     December 2000, the EPA issued a positive determination to 
     regulate these mercury emissions. But these rules will take 
     years to write and implement, and there is already vigorous 
     industry opposition. It is uncertain what form these rules 
     will take or how long they may be delayed. This section 
     requires EPA to set a ``maximum achievable control 
     technology'' (MACT) standard for these emissions, such that 
     nationwide emissions decrease by at least 90 percent.


     Section 4. Mercury emission standards for coal- and oil-fired 
                 commercial and industrial boiler units

       The EPA's report on its study estimates that 29 tons of 
     mercury emissions are released per year from coal- and oil-
     fired commercial and industrial boiler units. The EPA has not 
     yet decided to regulate these emissions. This section 
     requires EPA to set a MACT standard for these mercury 
     emissions, such that nationwide emissions decrease by at 
     least 90 percent.


section 5. reduction of mercury emissions from solid waste incineration 
                                 units

       The EPA study estimates that 30 tons of mercury emissions 
     are released each year from municipal waste combustors. These 
     emissions result from the presence of mercury-containing 
     items such as fluorescent lamps, fever thermometers, 
     thermostats and switches, in municipal solid waste streams. 
     In 1995 EPA promulgated final rules for these emissions, and 
     these rules took effect in 2000. This section reaffirms those 
     rules and requires stricter rules for units that do not 
     comply. The most effective way to reduce mercury emissions 
     from incinerators is to reduce the volume of mercury-
     containing items before they reach the incinerator. That is 
     why this section also requires the separation of mercury-
     containing items from the waste stream, the labeling of 
     mercury-containing items to facilitate this separation, and 
     the phaseout of mercury in consumer products within three 
     years, allowing for the possibility of exceptions for 
     essential uses.


     section 6. mercury emission standards for chlor-alkali plants

       The EPA study estimates that 7 tons of mercury emissions 
     are released per year from chlor-alkali plants that use the 
     mercury cell process to produce chlorine. EPA has not issued 
     rules to regulate these emissions. This section requires each 
     chlor-alkali plant that uses the mercury cell process to 
     reduce its mercury emissions by 95 percent. The most 
     effective way to meet this standard would be to switch to the 
     more energy efficient membrane cell process, which many 
     plants already use.


    section 7. mercury emission standards for portland cement plants

       The EPA study estimates that 5 tons of mercury emissions 
     are released each year from Portland cement plants. In 1999 
     EPA promulgated final rules for emissions from cement plants, 
     but these rules did not include mercury. This section 
     requires each Portland cement plant to reduce its mercury 
     emissions by 95 percent.


 section 8. report on implementation of mercury emission standards for 
                       medical waste incinerators

       The EPA study estimates that 16 tons of mercury emissions 
     are released per year from medical waste incinerators. In 
     1997 EPA issued final rules for emissions from hospital/
     medical/infectious waste incinerators. This section requires 
     EPA to report on the success of these rules in reducing these 
     mercury emissions.


 section 9. report on implementation of mercury emission standards for 
                       hazardous waste combustors

       The EPA study estimates that 7 tons of mercury emissions 
     are released each year form hazardous waste incinerators. In 
     1999 EPA promulgated final rules for these emissions. This 
     section requires EPA to report on the success of these rules 
     in reducing these mercury emissions.


                     section 10. defense activities

       This section requires the Department of Defense to report 
     on its use of mercury, including the steps it is taking to 
     reduce mercury emissions and to stabilize and recycle 
     discarded mercury. This section also prohibits the Department 
     of Defense from returning the nearly 5,000 tons of mercury in 
     the National Defense Stockpile to the global market.


                  section 11. international activities

       This section directs EPA to work with Canada and Mexico to 
     study mercury pollution in North America, including the 
     sources of mercury pollution, the pathways of the pollution, 
     and options for reducing the pollution.


                      section 12. mercury research

       This section supports a variety of mercury research 
     projects. First, it promotes accountability by mandating an 
     interagency report on the effectiveness of this act in 
     reducing mercury pollution. Second, it mandates an EPA study 
     on mercury sedimentation trends in major bodies of water. 
     Third, it directs EPA to evaluate and improve state-level 
     mercury data and fish consumption advisories. Fourth, it 
     mandates a National Academy of Sciences report on the 
     reatirement of excess mercury, such as

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     stockpiled industrial mercury that is no longer needed due to 
     plant closures or process changes. Fifth, it mandates an EPA 
     study of mercury emissions from electric arc furnaces, a 
     source not studied in the EPA's study report. Finally, it 
     authorizes $2,000,000 for modernization and expansion of the 
     Mercury Deposition Network, plus $10,000,000 over ten years 
     for operational support of that network.

  Ms. SNOWE. Mr. President, I rise today as the lead cosponsor of 
Senator Leahy's Omnibus Mercury Reduction Act of 2003 to ask support 
for our continued efforts to dramatically reduce mercury pollution that 
has been shown to pose serious health risks, especially for pregnant 
women, and can cause irreversible nerve damage in young children.
  This legislation responds to the Environmental Protection Agency's 
just released report on ``America's Children and the Environment: 
Measures of Contaminants, Body Burdens, and Illnesses'', which states 
that EPA remains concerned about children potentially exposed to 
mercury in the womb.
  Mercury is among the least-controlled and most dangerous toxins 
threatening pregnant women and children from mercury exposure through 
the air and water in America today, and we need to continue the fight 
to pass a national approach to better control its use. Because mercury 
pollution knows no State borders, a national initiative is necessary to 
control it and better understand its health effects.
  The Omnibus Mercury Emissions Reduction Act of 2003 would require the 
U.S. Environmental Protection Agency, EPA, to impose new restrictions 
on mercury emissions by utility power plants, coal and oil-fired 
commercial boilers, solid waste incinerators, and other sources of 
emissions. According to the EPA, an estimated 30 tons of mercury 
emissions per year come from municipal waste combustors because of the 
presence of mercury-containing items such as fluorescent lamps, fever 
thermometers, thermostats, and switches.
  Our bill requires utility power plants and commercial boilers to 
reduce mercury emissions by 95 percent in five years, and requires the 
EPA to publish a list of mercury-containing items that need to be 
separated and removed from the waste streams that feed solid waste 
management facilities. The most effective way to reduce mercury 
emissions from incinerators is to reduce the volume of mercury-
containing items before they reach the incinerator.
  The bill would also expand research on the effects of mercury on 
sensitive subpopulations such as pregnant women and children, and it 
directs the EPA to work with the States to improve the quality and 
dissemination of State fish consumption advisories.
  Even in Maine, where great efforts have been made to preserve clean 
air and water, mercury arrives as an unseen threat, carried in the air 
from hundreds of miles away and deposited in our lakes, rivers and 
coastal regions through rain and snowfall. This bill complements the 
steps Maine has taken to reduce mercury emissions, and by addressing 
what happens outside our borders, it also can ensure that Maine's 
actions will not be in vain.
  Mercury is a dangerous toxin present in coal, which is burned to 
produce 65 percent of the nation's electricity, other fossil fuels, and 
various household and industrial products. When mercury is burned, fine 
particles are released and carried by precipitation back to earth, 
contaminating water bodies, fish, and wildlife, and ultimately posing a 
threat to humans. Nationwide, 39 States have issued warnings about 
eating certain fish in more than 50,000 bodies of water, up from 27 
States in 1993.
  While Maine ranks 49th among the least-polluting States in terms of 
mercury emissions, nearly all of its lakes are under health advisories 
due to airborne mercury pollution transported in air currents from 
other States. Because mercury is an element and cannot be destroyed, it 
cycles endlessly through the environment, necessitating control of the 
toxin at the source.
  With the technology and resources available, we can and must find 
creative ways to substantially reduce mercury pollution, and this bill 
kicks that process into gear and will go a very long way toward 
removing this harmful toxin as a threat to human health and the 
environment.
  In partnership with the Omnibus mercury bill, I am also a cosponsor 
of Senator Jeffords' Clean Power Act that calls for a 90 percent 
reduction of mercury from coal burning power plants by 2008. By 2009, 
the Jeffords bill also dramatically cuts aggregate power plant 
emissions of the three other major power plant pollutants: nitrogen 
oxides, NOx, the primary cause of smog, by 71 percent from 
2000 levels; sulfur dioxide, SO2, that causes acid rain and 
respiratory disease, by 81 percent from 2000 levels; and carbon 
dioxide, CO2, the greenhouse gas most directly linked to 
global climate variabilities, by 21 percent from 2000 levels. Of note, 
the NOx, SO2, and mercury reductions are set at 
levels that are known to be cost effective with available technology.
  I hope to work with my colleagues in the 108th Congress to see that 
provisions in these two bills are fully debated and policy is passed to 
protect our environment and our population from the ravages of these 
major air pollutants. We must move forward for the health of the 
unborn, the American public and the entire planet.
                                 ______