[Congressional Record Volume 151, Number 38 (Wednesday, April 6, 2005)]
[Senate]
[Pages S3312-S3314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Ms. Snowe):
  S. 730. 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.
  Mr. LEAHY. Mr. President, today I again will discuss mercury 
pollution and the serious and immediate health risks it poses to the 
health of citizens across our Nation.
  This is not a new issue. We have known about mercury pollution for 
decades, and it remains one of, if not the last, major toxic pollutant 
without a comprehensive plan to control its release. We know where the 
sources mercury pollution are, we know where the pollution deposits, 
and we definitely know what harm it causes to people and to wildlife.
  We need to confront mercury pollution because it is a threat to 
pregnant women and children. The Environmental Protection Agency's own 
scientists estimate that one of every six women of child-bearing age 
has elevated levels of mercury in her body above safe thresholds.
  Mercury can cause neurological harm to children exposed to increased 
mercury levels while in the womb and during the first few years of 
their lives, which can lead to increased risk for learning 
disabilities, developmental delays, and other serious problems.
  Just last year EPA scientists nearly doubled the previous estimate of 
the number of children at increased risk from exposure to elevated 
mercury levels in their mothers' wombs from 300,000 to over 600,000. 
This finding should alarm all of us and spur this Administration to 
promptly develop strong controls on mercury pollution from power plants 
that meet the requirements of the Clean Air Act and that fully protect 
women and children.
  Yet unfortunately, this Administration has not done that. The 
Administration's new mercury rule and the so-

[[Page S3313]]

called ``Clear Skies'' proposal turn back progress, ignore available 
clean air technology, and will leave more toxic mercury in our air, 
water, and fish and for a longer time than is necessary.
  Because of this, on behalf of Senator Snowe and myself, I am 
reintroducing legislation today that will confront this problem 
directly and that will reduce mercury pollution from all sources.
  Our bill will reduce mercury emissions from coal-fired power plants 
by 90 percent by 2010. The cap-and-trade approach the Administration is 
pushing for in both the mercury rule and the President's Clear Skies 
proposal would only reduce emissions by less than 50 percent in the 
near future and possibly 70 percent over the next 15 years.
  I introduce this legislation on the heels of two recent reports about 
the proposed EPA mercury rule, one from the Government Accountability 
Office and one from the EPA Inspector General. Both the IG and GAO 
reports severely criticize this Administration's mercury rulemaking 
process, saying it violated EPA policy, OMB guidance, Presidential 
Executive Orders and, in some instances, important provisions of the 
Clean Air Act.
  I find this extremely troublesome. These are serious problems that 
greatly undermine the credibility of this Administration and that led 
them to create policies that fail to adequately protect the children in 
my state of Vermont and those all across the country. Rather than 
develop unbiased science-based limits on mercury pollution, they 
instead developed limits to fit predetermined numbers found in the 
President's industry friendly Clear Skies proposal.
  The GAO found critical flaws with the economic analysis that 
basically prevent anyone from actually verifying the supposed benefits 
of the cap-and-trade approach proposed in both EPA's rule and in the 
Clear Skies plan. In simple terms you could call it another example of 
the smoke and mirrors this Administration has used to support its 
flawed dirty air pollution policies.
  Not only were the supposed benefits of the cap-and-trade proposal 
virtually undocumented, they did not even bother to analyze whatsoever 
the health benefits to women and children from controlling toxic 
mercury. If protecting the health of women and children is truly 
important to this Administration, then why would they skip such an 
important analysis?
  Not surprisingly, the EPA Inspector General confirmed what the GAO 
found. That EPA staff were directed to ignore the Clean Air Act and 
instead write a mercury rule to fit the weak mercury caps in the 
President's Clear Skies initiative.
  Rather than let EPA's capable scientists and engineers do their jobs, 
they decided to play politics and bow to special interest groups. How 
else did industry favorable policies and analyses found in memos 
written by industry lobbyists make it into the rule, verbatim?
  Both the GAO and IG reports make it clear that EPA staff were 
pressured to ignore parts of the Clean Air Act and to propose weaker 
mercury reductions than what are technically feasible and required 
under the law.
  The President's Clear Skies proposal formed the basis for the flawed 
mercury rule, so it obviously shares the same flaws. These two reports 
confirm what many of us already suspected, that Clear Skies is based on 
biased analyses, inadequate and faulty justifications.
  This Administration must stop the shenanigans. They need to stop 
downplaying the health risks of mercury pollution and stop catering to 
the special interests of the power industry and their lobbyists.
  The clarity and diversity of voices opposed to their poor mercury 
policies are unprecedented in the 30-year history of EPA. Now is the 
time for them to listen to the voices of more than 600,000 citizens and 
more than one million sportsmen and women nationwide that sent EPA 
letters opposing the weak mercury rule.
  Now is the time to listen to the nearly 100 national and local church 
leaders, representing dozens of denominations and millions of 
congregants, who sent a letter to President Bush expressing ``grave 
moral concern'' about his misleadingly titled Clear Skies Initiative.
  I call on the Administration to take immediate action to correct the 
serious problems in EPA's proposed power plant mercury rules. Instead, 
I hope that we can begin to meet the targets set out in this bill and 
start protecting the health of women and children.
  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    Overview of the Omnibus Mercury Emissions Reduction Act of 2005

         Sponsored by Senators Patrick Leahy and Olympia Snowe

     What will the Omnibus Mercury Emissions Reduction Act of 2005 
         do?
       The Omnibus Mercury Emissions Reduction Act of 2005 
     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 occur per year from coal- and oil-
     fired electric utility steam generating units. More recently, 
     an EPA inventory estimated 48 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 Amaximum 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 is emitted per year from coal- and oil-fired 
     commercial and industrial boiler units. 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 phase-out 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

[[Page S3314]]

     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 from 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 
     retirement of excess mercury, such as 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.
                                 ______