[Congressional Record Volume 155, Number 194 (Friday, December 18, 2009)]
[Senate]
[Pages S13460-S13462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Carper):
  S. 2913. A bill to establish a national mercury monitoring program, 
and for other purposes; to the Committee on Environment and Public 
Works.
  Ms. COLLINS. Mr. President, today, along with my colleague from 
Delaware, Senator Carper, I am introducing the Comprehensive National 
Mercury Monitoring Act. This bill will ensure the Environmental 
Protection Agency has accurate information about the extent of mercury 
pollution in our nation as it works to enforce regulations about this 
toxic chemical.
  Mercury is a dangerous substance that can cause serious neuron-
developmental harm, especially to children and pregnant women. 
Scientists at the Environmental Protection Agency, EPA, estimate that 
some 630,000 infants are born each year with blood mercury levels 
higher than what is considered safe.
  Mercury is hazardous not only to people, but also to wildlife. As of 
2006, States issued 533 new fish advisories bringing the nationwide 
total advisories to 3,851. These advisories cover 38 percent of the 
Nation's total lake acreage and 26 percent of the Nation's total river 
miles. Almost 65 percent of the U.S. coastline, except Alaska, is under 
advisory, including 92 percent of the Atlantic coast and 100 percent of 
the Gulf coast.
  Each new scientific study seems to find higher levels of mercury in 
more ecosystems and in more species than we had previously thought. We 
must have more comprehensive information and we must have it soon; 
otherwise, we risk making misguided policy decisions.
  For example, in 2005 the Environmental Protection Agency issued a new 
mercury regulation based on computer measurements that were not peer-
reviewed and that were not verified with actual measurements. The 
effect of the regulation was to allow power plants to continue spewing 
unlimited amounts of mercury into our air until the year 2018. Many 
experts, including the EPA Inspector General, sharply criticized the 
science underlying that new regulation and recommended that EPA develop 
and implement a mercury monitoring plan. That was a major reason why I 
am introducing the Comprehensive National Mercury Monitoring Act.
  Specifically, my mercury bill would establish mercury monitoring 
sites across the nation in order to measure mercury levels in the air, 
rain, soil, lakes and streams, as well as in plants and animals; 
authorize about $30 million annually for fiscal years 2011 through 2013 
for the Environmental Protection Agency, United States Geological 
Survey, United States Fish and Wildlife Service, the National Oceanic 
and Atmospheric Administration, and the National Park Service to 
perform scientific mercury measurements; and create a ``Mercury 
Monitoring Advisory Committee'' to advise the Administrator of the EPA 
in choosing the monitoring sites.
  We must establish a more robust national mercury monitoring network 
to provide EPA the data it needs to make decisions that protect the 
people and environment of Maine and the entire Nation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S13461]]

                                S. 2913

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive National 
     Mercury Monitoring Act''.

     SEC. 2. FINDINGS.

       Congress finds that
       (1)(A) mercury is a potent neurotoxin of significant 
     ecological and public health concern;
       (B) exposure to mercury occurs largely by consumption of 
     contaminated fish;
       (C) children and women of childbearing age who consume 
     large quantities of fish are at high risk of adverse effects;
       (D) it is estimated that more than 630,000 children born 
     each year in the United States are exposed to levels of 
     mercury in the womb that are high enough to impair 
     neurological development; and
       (E) the Centers for Disease Control and Prevention have 
     found that 8 percent of women in the United States of 
     childbearing age have blood mercury levels in excess of 
     values determined to be safe by the Environmental Protection 
     Agency;
       (2)(A) as of 2006, 3,080 fish consumption advisories due to 
     mercury contamination have been issued for 48 States, 
     including 23 statewide advisories for freshwater and 12 
     statewide advisories for coastal waters;
       (B) that is a 26 percent increase over the number of 
     advisories issued in 2004;
       (C) those advisories represent more than 22,000 square 
     miles of lakes and 882,000 miles of rivers;
       (D) however, fish and shellfish are an important source of 
     dietary protein, and a healthy fishing resource is important 
     to the economy of the United States; and
       (E) the extent of fish consumption advisories underscores 
     the extensive human and ecological health risk posed by 
     mercury pollution;
       (3)(A) in many locations, the primary route for mercury 
     input to aquatic ecosystems is atmospheric emissions, 
     transport, and deposition;
       (B) the cycling of mercury in the environment and resulting 
     accumulation in biota are not fully understood; and
       (C) computer models and other assessment tools provide 
     varying effectiveness in predicting mercury concentrations in 
     fish, and no broad-scale data sets exist to test model 
     predictions;
       (4)(A) on September 14 through 17, 2003, the Environmental 
     Protection Agency cosponsored a Society of Environmental 
     Toxicology and Chemistry workshop involving more than 30 
     international experts to formulate a system to quantify and 
     document mercury changes in the various environment fields 
     resulting from anticipated reductions in mercury emissions in 
     the United States; and
       (B) the resulting plan proposes a holistic, multimedia, 
     long-term mercury monitoring program that is documented in 2 
     sources--
       (i) on January 1, 2005, the article entitled ``Monitoring 
     the Response to Changing Mercury Deposition'' was published 
     in the journal Environmental Science and Technology; and
       (ii) in 2008, the book entitled ``Ecosystem Responses to 
     Mercury Contamination: Indicators of Change'' was published 
     by CRC Press;
       (5) as of the date of enactment of this Act, many 
     regulations limiting mercury emissions from different sources 
     have gone into effect or will be implemented, but ongoing 
     monitoring programs are not adequately measuring the 
     environmental benefits and effectiveness of mercury emission 
     controls;
       (6) on May 15, 2006, the Office of Inspector General of the 
     Environmental Protection Agency issued a report entitled, 
     ``Monitoring Needed to Assess Impact of EPA's Clean Air 
     Mercury Rule (CAMR) on Potential Hotspots'' , Report No. 
     2006-P-0025, which states, in part--
       (A) ``Without field data from an improved monitoring 
     network, EPA's ability to advance mercury science will be 
     limited and `utility-attributable hotspots' that pose health 
     risks may occur and go undetected''; and
       (B) ``We recommend that the EPA develop and implement a 
     mercury monitoring plan to assess the impact of CAMR, if 
     adopted, on mercury deposition and fish tissue and evaluate 
     and refine mercury estimation tools and models'';
       (7)(A) on January 1, 2007, the articles entitled 
     ``Biological Mercury Hotspots in the Northeastern U.S. and 
     Southeastern Canada'' and ``Contamination in Remote Forest 
     and Aquatic Ecosystems in the Northeastern U.S.: Sources, 
     Transformations and Management Options'' were published in 
     the journal BioScience; and
       (B) the authors of the articles--
       (i) identified 5 biological mercury hotspots and 9 areas of 
     concern in the northeastern United States and southeastern 
     Canada associated primarily with atmospheric mercury 
     emissions and deposition;
       (ii) located an area of particularly high mercury 
     deposition adjacent to a coal-fired utility in southern New 
     Hampshire; and
       (iii) concluded that local impacts from mercury emissions 
     should be closely monitored in order to assess the impact of 
     Federal and State policies; and
       (8)(A) building on previous efforts in 2003, on May 5 
     through 7, 2008, the Environmental Protection Agency 
     coconvened a workshop with experts from the United States 
     Geological Survey, the National Oceanic and Atmospheric 
     Administration, the United States Fish and Wildlife Service, 
     the National Park Service, State and tribal agencies, the 
     BioDiversity Research Institute, the National Atmospheric 
     Deposition Program, industry, and other institutions;
       (B) more than 50 workshop scientists participated and 
     agreed on a goal and major design elements for a national 
     mercury monitoring program, including a national distribution 
     of approximately 20 intensive sites to understand the 
     sources, consequences, and trends in United States mercury 
     pollution;
       (C) the consortium found that ``policy makers, scientists 
     and the public need a comprehensive and integrated mercury 
     monitoring network to accurately quantify regional and 
     national changes in atmospheric deposition, ecosystem 
     contamination, and bioaccumulation of mercury in fish and 
     wildlife in response to changes in mercury emissions.''; and
       (D) the workshop findings are published in a report of the 
     Environmental Protection Agency (430-K-09-001).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the Mercury Monitoring Advisory Committee established 
     under section 5.
       (3) Ancillary measure.--The term ``ancillary measure'' 
     means a measure that is used to understand the impact and 
     interpret results of measurements under the program.
       (4) Ecoregion.--The term ``ecoregion'' means a large area 
     of land and water that contains a geographically distinct 
     assemblage of natural communities, including similar land 
     forms, climate, ecological processes, and vegetation.
       (5) Mercury export.--The term ``mercury export'' means 
     mercury flux from a watershed to the corresponding water 
     body, or from 1 water body to another water body (such as a 
     lake to a river), generally expressed as mass per unit of 
     time.
       (6) Mercury flux.--The term ``mercury flux'' means the rate 
     of transfer of mercury between ecosystem components (such as 
     between water and air), or between portions of ecosystem 
     components, expressed in terms of mass per unit of time or 
     mass per unit of area per time.
       (7) Program.--The term ``program'' means the national 
     mercury monitoring program established under section 4.
       (8) Surface sediment.--The term ``surface sediment'' means 
     sediment in the uppermost 2 centimeters of a lakebed or 
     riverbed.

     SEC. 4. MONITORING PROGRAM.

       (a) Establishment.--
       (1) In general.--The Administrator, in consultation with 
     the Director of the United States Fish and Wildlife Service, 
     the Director of the United States Geological Survey, the 
     Director of the National Park Service, the Administrator of 
     the National Oceanic and Atmospheric Administration, and the 
     heads of other appropriate Federal agencies, shall establish 
     a national mercury monitoring program.
       (2) Purpose.--The purpose of the program is to track--
       (A) long-term trends in atmospheric mercury concentrations 
     and deposition; and
       (B) mercury levels in watersheds, surface waters, and fish 
     and wildlife in terrestrial, freshwater, and coastal 
     ecosystems in response to changing mercury emissions over 
     time.
       (3) Monitoring sites.--
       (A) In general.--In carrying out paragraph (1), not later 
     than 1 year after the date of enactment of this Act and in 
     coordination with the Advisory Committee, the Administrator, 
     after consultation with the heads of Federal agencies 
     described in paragraph (1) and considering the requirement 
     for reports under section 6, shall select multiple monitoring 
     sites representing multiple ecoregions of the United States.
       (B) Locations.--Locations of monitoring sites shall include 
     national parks, wildlife refuges, National Estuarine Research 
     Reserve units, and other sensitive ecological areas that 
     include long-term protection and in which substantive changes 
     are expected from reductions in domestic mercury emissions.
       (C) Colocation.--If practicable, monitoring sites shall be 
     colocated with sites from other long-term environmental 
     monitoring programs.
       (4) Monitoring protocols.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     coordination with the Advisory Committee, shall establish and 
     publish standardized measurement protocols for the program 
     under this Act.
       (5) Data collection and distribution.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator, in coordination with the Advisory Committee, 
     shall establish a centralized database for existing and newly 
     collected environmental mercury data that can be freely 
     accessed once data assurance and quality standards 
     established by the Administrator are met.
       (b) Air and Watersheds.--
       (1) In general.--The program shall monitor long-term 
     changes in mercury levels and important ancillary measures in 
     the air at locations selected under subsection (a)(3).
       (2) Measurements.--The Administrator, in consultation with 
     the Director of the United States Fish and Wildlife Service, 
     the Director of the United States Geological Survey,

[[Page S13462]]

     the Director of the National Park Service, the Administrator 
     of the National Oceanic and Atmospheric Administration, and 
     the heads of other appropriate Federal agencies, shall 
     determine appropriate measurements, including--
       (A) the measurement and recording of wet and estimation of 
     dry mercury deposition, mercury flux, and mercury export;
       (B) the measurement and recording of the level of mercury 
     reemitted from aquatic and terrestrial environments into the 
     atmosphere; and
       (C) the measurement of sulfur species and ancillary 
     measurements at a portion of locations selected under 
     subsection (a)(3) to fully understand the cycling of mercury 
     through the ecosystem.
       (c) Water and Soil Chemistry.--The program shall monitor 
     long-term changes in mercury and methyl mercury levels and 
     important ancillary measures in the water and soil or 
     sediments at locations selected under subsection (a)(3) that 
     the Administrator, in primary consultation with the Director 
     of the United States Geological Survey, determines to be 
     appropriate, including--
       (1) extraction and analysis of soil and sediment cores;
       (2) measurement and recording of total mercury and methyl 
     mercury concentration, and percent methyl mercury in surface 
     sediments;
       (3) measurement and recording of total mercury and methyl 
     mercury concentration in surface water; and
       (4) measurement and recording of total mercury and methyl 
     mercury concentrations throughout the water column and 
     sediments.
       (d) Aquatic and Terrestrial Organisms.--The program shall 
     monitor long-term changes in mercury and methyl mercury 
     levels and important ancillary measures in the aquatic and 
     terrestrial organisms at locations selected under subsection 
     (a)(3) that the Administrator, in primary consultation with 
     the Director of the United States Fish and Wildlife Service 
     and the Administrator of the National Oceanic and Atmospheric 
     Administration, determines to be appropriate, including--
       (1) measurement and recording of total mercury and methyl 
     mercury concentrations in--
       (A) zooplankton and other invertebrates;
       (B) yearling fish; and
       (C) commercially, recreationally, or conservation relevant 
     fish; and
       (2) measurement and recording of total mercury 
     concentrations in--
       (A) selected insect- and fish-eating birds; and
       (B) measurement and recording of total mercury 
     concentrations in selected insect- and fish-eating mammals.

     SEC. 5. ADVISORY COMMITTEE.

       (a) Establishment.--There shall be established a scientific 
     advisory committee, to be known as the ``Mercury Monitoring 
     Advisory Committee'', to advise the Administrator and Federal 
     agencies described in section 4(a)(1), on the establishment, 
     site selection, measurement and recording protocols, and 
     operation of the program.
       (b) Membership.--The Advisory Committee shall consist of 
     scientists who are not employees of the Federal Government, 
     including--
       (1) 3 scientists appointed by the Administrator;
       (2) 2 scientists appointed by the Director of the United 
     States Fish and Wildlife Service;
       (3) 2 scientists appointed by the Director of the United 
     States Geological Survey;
       (4) 2 scientists appointed by the Director of the National 
     Park Service; and
       (5) 2 scientists appointed by the Administrator of the 
     National Oceanic and Atmospheric Administration.

     SEC. 6. REPORTS AND PUBLIC DISCLOSURE.

       (a) Reports.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Administrator shall submit to Congress a report on the 
     program, including trend data.
       (b) Assessment.--At least once every 4 years, the report 
     required under subsection (a) shall include an assessment of 
     the reduction in mercury deposition rates that are required 
     to be achieved in order to prevent adverse human and 
     ecological effects.
       (c) Availability of Data.--The Administrator shall make all 
     data obtained under this Act available to the public through 
     a dedicated website and on written request.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act--
       (1) for fiscal year 2011 to--
       (A) the Environmental Protection Agency $15,000,000;
       (B) the United States Fish and Wildlife Service $9,000,000;
       (C) the United States Geological Survey $5,000,000;
       (D) the National Oceanic and Atmospheric Administration 
     $4,000,000; and
       (E) the National Park Service $4,000,000;
       (2) for fiscal year 2012 to--
       (A) the Environmental Protection Agency $12,000,000;
       (B) the United States Fish and Wildlife Service $7,000,000;
       (C) the United States Geological Survey $4,000,000;
       (D) the National Oceanic and Atmospheric Administration 
     $3,000,000; and
       (E) the National Park Service $3,000,000;
       (3) for fiscal year 2013 to--
       (A) the Environmental Protection Agency $12,000,000;
       (B) the United States Fish and Wildlife Service $7,000,000;
       (C) the United States Geological Survey $4,000,000;
       (D) the National Oceanic and Atmospheric Administration 
     $3,000,000; and
       (E) the National Park Service $3,000,000; and
       (4) such sums as are necessary for each of fiscal years 
     2014 through 2016 to--
       (A) the Environmental Protection Agency;
       (B) the United States Fish and Wildlife Service;
       (C) the United States Geological Survey;
       (D) the National Oceanic and Atmospheric Administration; 
     and
       (E) the National Park Service.
                                 ______