II

106TH CONGRESS

1ST SESSION S. 673

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.

IN THE SENATE OF THE UNITED STATES

MARCH 19, 1999

Mr. LEAHY (for himself and Ms. SNOWE) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Omnibus Mercury Emissions Reduction Act of 1999’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) on the basis of available scientific and med9 ical evidence, exposure to mercury and mercury com10 pounds (collectively referred to in this Act as ‘‘mer11 cury’’) is of concern to human health and the envi12 ronment;

13 (2) pregnant women and their fetuses, women

14 of childbearing age, children, and individuals who

15 subsist primarily on fish, are most at risk for mer16 cury-related health impacts such as neurotoxicity;
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1 (3) although exposure to mercury occurs most

2 frequently through consumption of mercury-contami3 nated fish, such exposure can also occur through—

4 (A) ingestion of drinking water, and food

5 sources other than fish, that are contaminated

6 with methyl mercury;

7 (B) dermal uptake through soil and water;

8 and

9 (C) inhalation of contaminated air;

10 (4) on the basis of the report entitled ‘‘Mercury

11 Study Report to Congress’’ and submitted by the

12 Environmental Protection Agency under section

13 112(n)(1)(B) of the Clean Air Act (42 U.S.C.

14 7412(n)(1)(B)), the major sources of mercury emis15 sions in the United States are, in descending order

16 of volume of emissions—

17 (A) fossil fuel-fired electric utility steam

18 generating units;

19 (B) solid waste incineration units;

20 (C) coal- and oil-fired commercial and in21 dustrial boiler units;

22 (D) medical waste incinerators;

23 (E) hazardous waste combustors;

24 (F) chlor-alkali plants; and

25 (G) Portland cement plants;
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1 (5)(A) the Environmental Protection Agency re2 port described in paragraph (4), in conjunction with

3 available scientific knowledge, supports a plausible

4 link between mercury emissions from anthropogenic

5 combustion and industrial sources and mercury con6 centrations in air, soil, water, and sediments;

7 (B) the Environmental Protection Agency has

8 concluded that the geographical areas that have the

9 highest annual rate of deposition of mercury in all

10 forms are—

11 (i) the southern Great Lakes and Ohio

12 River Valley;

13 (ii) the Northeast and southern New Eng14 land; and

15 (iii) scattered areas in the South, with the

16 most elevated deposition occurring in the Miami

17 and Tampa areas and 2 areas in northeast

18 Texas; and

19 (C) analysis conducted before the date of the

20 Environmental Protection Agency report dem21 onstrates that mercury is being deposited into the

22 waters of Canada;

23 (6)(A) the Environmental Protection Agency re24 port described in paragraph (4) supports a plausible

25 link between mercury emissions from anthropogenic
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1 combustion and industrial sources and concentra2 tions of methyl mercury in freshwater fish;

3 (B) in 1997, 39 States issued health advisories

4 that warned the public about consuming mercury5 tainted fish, as compared to 27 States that issued

6 such advisories in 1993;

7 (C) the total number of mercury advisories in8 creased from 899 in 1993 to 1,675 in 1996, an in9 crease of 86 percent; and

10 (D) the United States and Canada have agreed

11 on a goal of virtual elimination of mercury from the

12 transboundary waters of the 2 countries;

13 (7) the presence of mercury in consumer prod14 ucts is of concern in light of the health consequences

15 associated with exposure to mercury;

16 (8) the presence of mercury in certain batteries

17 and fluorescent light bulbs is of special concern, par18 ticularly in light of the substantial quantities of used

19 batteries and fluorescent light bulbs that are dis20 carded annually in the solid waste stream and the

21 potential for environmental and health consequences

22 associated with land disposal, composting, or incin23 eration of the batteries and light bulbs; and

24 (9) a comprehensive study of the use of mer25 cury by the Department of Defense would signifi-
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1 cantly further the goal of reducing mercury pollu2 tion.

3 (b) PURPOSES.—The purposes of this Act are—

4 (1) to greatly reduce the quantity of mercury

5 entering the environment by controlling air emis6 sions of mercury from fossil fuel-fired electric utility

7 steam generating units, coal- and oil-fired commer8 cial and industrial boiler units, solid waste inciner9 ation units, medical waste incinerators, hazardous

10 waste combustors, chlor-alkali plants, and Portland

11 cement plants;

12 (2) to reduce the quantity of mercury entering

13 solid waste landfills, incinerators, and composting

14 facilities by promoting recycling or proper disposal

15 of used batteries, fluorescent light bulbs, and other

16 products containing mercury;

17 (3) to increase the understanding of the volume

18 and sources of mercury emissions throughout North

19 America;

20 (4) to promote efficient and cost-effective meth21 ods of controlling mercury emissions;

22 (5) to promote permanent, safe, and stable dis23 posal of mercury recovered through coal cleaning,

24 flue gas control systems, and other methods of mer25 cury pollution control;
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1 (6) to reduce the use of mercury in cases in

2 which technologically and economically feasible alter3 natives are available;

4 (7) to educate the public concerning the collec5 tion, recycling, and proper disposal of mercury-con6 taining products;

7 (8) to increase public knowledge of the sources

8 of mercury exposure and the threat to public health,

9 particularly the threat to the health of pregnant

10 women and their fetuses, women of childbearing age,

11 children, and individuals who subsist primarily on

12 fish;

13 (9) to significantly decrease the threat to

14 human health and the environment posed by mer15 cury; and

16 (10) to ensure that the health of sensitive popu17 lations, whether in the United States, Canada, or

18 Mexico, is protected, with an adequate margin of

19 safety, against adverse health effects caused by mer20 cury.

21 SEC. 3. MERCURY EMISSION STANDARDS FOR FOSSIL

22 FUEL-FIRED ELECTRIC UTILITY STEAM GEN23 ERATING UNITS.

24 Section 112 of the Clean Air Act (42 U.S.C. 7412)

25 is amended—
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1 (1) by redesignating subsection (s) as sub2 section (x); and

3 (2) by inserting after subsection (r) the fol4 lowing:

5 ‘‘(s) MERCURY EMISSION STANDARDS FOR ELECTRIC

6 UTILITY STEAM GENERATING UNITS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) REGULATIONS.—Not later than 180

9 days after the date of enactment of this sub10 paragraph, the Administrator shall promulgate

11 regulations to establish standards for the emis12 sion of mercury and mercury compounds (col13 lectively referred to in this subsection as ‘mer14 cury’) applicable to existing and new electric

15 utility steam generating units.

16 ‘‘(B) PERMIT REQUIREMENT.—Not later

17 than 2 years after the date of enactment of this

18 subparagraph, each electric utility steam gener19 ating unit shall have an enforceable permit

20 issued under title V that complies with this sub21 section.

22 ‘‘(C) PROCEDURES AND SCHEDULES FOR

23 COMPLIANCE WITH STANDARDS.—Each electric

24 utility steam generating unit shall achieve com25 pliance with the mercury emission standards es-
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1 tablished under subparagraph (A) in accordance

2 with the procedures and schedules established

3 under subsection (i).

4 ‘‘(2) STANDARDS AND METHODS.—

5 ‘‘(A) MINIMUM REQUIRED EMISSION RE6 DUCTION.—Subject to subparagraph (C), the

7 emission standards established under paragraph

8 (1)(A) shall require that each electric utility

9 steam generating unit reduce its annual pound10 age of mercury emitted, as calculated under

11 subparagraph (B), below its mercury emission

12 baseline, as calculated under paragraph (3)(D),

13 by not less than 95 percent.

14 ‘‘(B) CALCULATION OF ANNUAL POUND15 AGE OF MERCURY EMITTED.—

16 ‘‘(i) IN GENERAL.—For each electric

17 utility steam generating unit (referred to

18 in this subparagraph as a ‘unit’) and each

19 calendar year, the Administrator shall cal20 culate the poundage of mercury emitted

21 per unit for the calendar year, which shall

22 be equal to the product obtained by

23 multiplying—
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1 ‘‘(I) the fuel consumption deter2 mined under clause (ii) for the unit

3 for the calendar year; by

4 ‘‘(II) the average mercury con5 tent determined under clause (iii) for

6 the unit for the calendar year.

7 ‘‘(ii) FUEL CONSUMPTION.—The fuel

8 consumption for a unit shall be equal to

9 the annual average quantity of millions of

10 British thermal units (referred to in this

11 subparagraph as ‘mmBtu’s’) consumed by

12 the unit during the calendar year, as sub13 mitted to the Secretary of Energy on De14 partment of Energy Form 767.

15 ‘‘(iii) AVERAGE MERCURY CON16 TENT.—

17 ‘‘(I) SPECIFIC DATA.—The aver18 age mercury content per mmBtu of

19 fuel consumed by a unit shall be de20 termined using the best available data

21 from the Department of the Interior

22 and the Department of Energy that

23 characterize the average mercury con24 tent of the fuel consumed by the unit

25 during the calendar year.
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1 ‘‘(II) ESTIMATED DATA.—If spe2 cific mercury content data from the

3 Department of the Interior and the

4 Department of Energy are not avail5 able, the average mercury content

6 shall be estimated using the average

7 mercury content of fossil fuel from

8 mines or wells in the geographic re9 gion of each mine or well that supplies

10 the unit.

11 ‘‘(C) EMISSION TRADING WITHIN A GENER12 ATING STATION.—

13 ‘‘(i) IN GENERAL.—For the purpose

14 of this subsection, taking into consider15 ation the cost of achieving the emission re16 duction, the Administrator may allow emis17 sion trading among the electric utility

18 steam generating units contained in a

19 power generating station at a single site if

20 the aggregate annual reduction from all

21 such units at the power generating station

22 is not less than 95 percent.

23 ‘‘(ii) UNDERLYING DATA.—In car24 rying out clause (i), the Administrator
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1 shall use mercury emission data calculated

2 under paragraph (3)(D).

3 ‘‘(D) CONTROL METHODS.—For the pur4 pose of achieving compliance with the emission

5 standards established under paragraph (1)(A),

6 the Administrator shall authorize methods of

7 control of mercury emissions, including meas8 ures that—

9 ‘‘(i) reduce the volume of, or eliminate

10 emissions of, mercury through a process

11 change, substitution of material or fuel, or

12 other method;

13 ‘‘(ii) enclose systems or processes to

14 eliminate mercury emissions;

15 ‘‘(iii) collect, capture, or treat mer16 cury emissions when released from a proc17 ess, stack, storage, or fugitive emission

18 point;

19 ‘‘(iv) consist of design, equipment,

20 work practice, or operational standards

21 (including requirements for operator train22 ing or certification) in accordance with

23 subsection (h); or
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1 ‘‘(v) consist of a combination of the

2 measures described in clauses (i) through

3 (iv).

4 ‘‘(3) PERMIT REQUIREMENTS AND CONDI5 TIONS.—

6 ‘‘(A) IN GENERAL.—Each permit issued in

7 accordance with paragraph (1)(B) shall

8 include—

9 ‘‘(i) enforceable mercury emission

10 standards;

11 ‘‘(ii) a schedule of compliance;

12 ‘‘(iii) a requirement that the permittee

13 submit to the permitting authority, not less

14 often than every 90 days, the results of

15 any required monitoring; and

16 ‘‘(iv) such other conditions as the Ad17 ministrator determines are necessary to en18 sure compliance with this subsection and

19 each applicable implementation plan under

20 section 110.

21 ‘‘(B) MONITORING AND ANALYSIS.—

22 ‘‘(i) PROCEDURES AND METHODS.—

23 The regulations promulgated by the Ad24 ministrator under paragraph (1)(A) shall

25 prescribe procedures and methods for—
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1 ‘‘(I) monitoring and analysis for

2 mercury; and

3 ‘‘(II) determining compliance

4 with this subsection.

5 ‘‘(ii) INFORMATION.—Application of

6 the procedures and methods shall result in

7 reliable and timely information for deter8 mining compliance.

9 ‘‘(iii) OTHER REQUIREMENTS.—

10 ‘‘(I) IN GENERAL.—The require11 ments for monitoring and analysis

12 under this subparagraph shall

13 include—

14 ‘‘(aa) such requirements

15 that result in a representative de16 termination of mercury in ash

17 and sludge; and

18 ‘‘(bb) such combination of

19 requirements for continuous or

20 other reliable and representative

21 emission monitoring methods

22 that results in a representative

23 determination of mercury in fuel

24 as received by each electric utility

25 steam generating unit;
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1 as are requisite to provide accurate

2 and reliable data for determining

3 baseline and controlled emissions of

4 mercury from each electric utility

5 steam generating unit.

6 ‘‘(II) MINIMUM REQUIREMENT.—

7 If, under subclause (I)(bb), the Ad8 ministrator does not require an elec9 tric utility steam generating unit to

10 use direct emission monitoring meth11 ods, the requirements under subclause

12 (I)(bb) shall, at a minimum, result in

13 representative determinations of mer14 cury in fuel as received by the electric

15 utility steam generating unit at such

16 frequencies as are sufficient to deter17 mine whether compliance with this

18 subsection is continuous.

19 ‘‘(iv) EFFECT ON OTHER LAW.—

20 Nothing in this subsection affects any con21 tinuous emission monitoring requirement

22 of title IV or any other provision of this

23 Act.

24 ‘‘(C) INSPECTION, ENTRY, MONITORING,

25 CERTIFICATION, AND REPORTING.—
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1 ‘‘(i) IN GENERAL.—Each permit

2 issued in accordance with paragraph

3 (1)(B) shall specify inspection, entry, mon4 itoring, compliance certification, and re5 porting requirements to ensure compliance

6 with the permit terms and conditions.

7 ‘‘(ii) CONFORMITY WITH OTHER REG8 ULATIONS.—The monitoring and reporting

9 requirements shall conform to each appli10 cable regulation under subparagraph (B).

11 ‘‘(iii) SIGNATURE.—Each report re12 quired under clause (i) and subparagraph

13 (B)(iii) shall be signed by a responsible of14 ficial of the electric utility steam gener15 ating unit, who shall certify the accuracy

16 of the report.

17 ‘‘(D) MERCURY EMISSION BASELINE.—

18 ‘‘(i) IN GENERAL.—For each electric

19 utility steam generating unit (referred to

20 in this subparagraph as a ‘unit’), the Ad21 ministrator shall calculate the baseline an22 nual average poundage of mercury emitted

23 per unit, which shall be equal to the prod24 uct obtained by multiplying—
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1 ‘‘(I) the baseline fuel consump2 tion determined under clause (ii) for

3 the unit; by

4 ‘‘(II) the baseline average mer5 cury content determined under clause

6 (iii) for the unit.

7 ‘‘(ii) BASELINE FUEL CONSUMP8 TION.—

9 ‘‘(I) UNITS IN COMMERCIAL OP10 ERATION BEFORE JANUARY 1, 1996.—

11 For each unit that began commercial

12 operation before January 1, 1996, the

13 baseline fuel consumption shall be

14 equal to the annual average quantity

15 of millions of British thermal units

16 (referred to in this subparagraph as

17 ‘mmBtu’s’) consumed by the unit dur18 ing the period of calendar years 1996,

19 1997, and 1998, as submitted annu20 ally to the Secretary of Energy on De21 partment of Energy Form 767 (re22 ferred to in this clause as ‘Form

23 767’).

24 ‘‘(II) UNITS BEGINNING COM25 MERCIAL OPERATION BETWEEN JANU-
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1 ARY 1, 1996, AND 180 DAYS AFTER EN2 ACTMENT.—Subject to subclause

3 (III), for each unit that begins com4 mercial operation between January 1,

5 1996, and the date that is 180 days

6 after the date of enactment of this

7 subparagraph, the baseline fuel con8 sumption shall be based on the annual

9 average of the fuel use data submitted

10 on Form 767 for each full year of

11 commercial operation that begins on

12 or after January 1, 1996.

13 ‘‘(III) UNITS IN COMMERCIAL

14 OPERATION LESS THAN 1 YEAR AS OF

15 180 DAYS AFTER ENACTMENT.—For

16 each unit that has not been in com17 mercial operation for at least 1 year

18 as of the date that is 180 days after

19 the date of enactment of this subpara20 graph, the Administrator may deter21 mine an interim baseline fuel con22 sumption by—

23 ‘‘(aa) extrapolating from

24 monthly fuel use data available

25 for the unit; or
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1 ‘‘(bb) assigning a baseline

2 fuel consumption based on the

3 annual average of the fuel use

4 data submitted on Form 767 for

5 other units that are of similar de6 sign and capacity.

7 ‘‘(IV) UNITS BEGINNING COM8 MERCIAL OPERATION MORE THAN 180

9 DAYS AFTER ENACTMENT.—For each

10 unit that begins commercial operation

11 more than 180 days after the date of

12 enactment of this subparagraph, the

13 application for a permit issued in ac14 cordance with paragraph (1)(B) for

15 the unit shall include an initial base16 line fuel consumption that is based on

17 the maximum design capacity for the

18 unit.

19 ‘‘(V) RECALCULATION AFTER EX20 TENDED PERIOD OF COMMERCIAL OP21 ERATION.—At such time as a unit de22 scribed in any of subclauses (II)

23 through (IV) has submitted fuel use

24 data for 3 consecutive years of com25 mercial operation on Form 767, the
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1 Administrator shall recalculate the

2 baseline fuel consumption and make

3 modifications, as necessary, to the

4 mercury emission limitations con5 tained in the permit for the unit

6 issued in accordance with paragraph

7 (1)(B).

8 ‘‘(iii) BASELINE AVERAGE MERCURY

9 CONTENT.—

10 ‘‘(I) UNITS IN COMMERCIAL OP11 ERATION BEFORE JANUARY 1, 1996.—

12 In the case of a unit described in

13 clause (ii)(I), the baseline average

14 mercury content per mmBtu of fuel

15 consumed by a unit shall be deter16 mined using the best available data

17 from the Department of the Interior

18 and the Department of Energy that

19 characterize the average mercury con20 tent of the fuel consumed by the unit

21 during the 3-year period described in

22 clause (ii)(I).

23 ‘‘(II) UNITS BEGINNING COM24 MERCIAL OPERATION BETWEEN JANU25 ARY 1, 1996, AND 180 DAYS AFTER EN-
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1 ACTMENT.—In the case of a unit de2 scribed in clause (ii)(II), the baseline

3 average mercury content per mmBtu

4 of fuel consumed by a unit shall be

5 determined using the best available

6 data from the Department of the In7 terior and the Department of Energy

8 that characterize the average mercury

9 content of the fuel consumed by the

10 unit during each full year of commer11 cial operation that begins on or after

12 January 1, 1996.

13 ‘‘(III) UNITS IN COMMERCIAL

14 OPERATION LESS THAN 1 YEAR AS OF

15 180 DAYS AFTER ENACTMENT.—In the

16 case of a unit described in clause

17 (ii)(III), the baseline average mercury

18 content per mmBtu of fuel consumed

19 by a unit shall be determined using

20 the best available data from the De21 partment of the Interior and the De22 partment of Energy that characterize

23 the average mercury content of the

24 fuel consumed by the unit—
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1 ‘‘(aa) during the months

2 used for the extrapolation under

3 clause (ii)(III); or

4 ‘‘(bb) based on the average

5 mercury content of fuel con6 sumed by other units that are of

7 similar design and capacity.

8 ‘‘(IV) UNITS BEGINNING COM9 MERCIAL OPERATION MORE THAN 180

10 DAYS AFTER ENACTMENT.—In the

11 case of a unit described in clause

12 (ii)(IV), the baseline average mercury

13 content per mmBtu of fuel consumed

14 by a unit shall be determined using

15 the best available data from the De16 partment of the Interior and the De17 partment of Energy, or data sub18 mitted by the unit under subpara19 graph (B)(iii), that characterize the

20 average mercury content of the fuel

21 consumed by the unit based on the

22 maximum design capacity for the

23 unit.

24 ‘‘(V) ESTIMATED DATA.—If mer25 cury content data described in clauses
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1 (I) through (IV) are not available, the

2 baseline average mercury content shall

3 be estimated using the average mer4 cury content of fossil fuel from mines

5 or wells in the geographic region of

6 each mine or well that supplies the

7 unit.

8 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

9 THROUGH EMISSION CONTROLS.—

10 ‘‘(A) IN GENERAL.—

11 ‘‘(i) CAPTURED OR RECOVERED MER12 CURY.—The regulations promulgated by

13 the Administrator under paragraph (1)(A)

14 shall ensure that mercury that is captured

15 or recovered through the use of an emis16 sion control, coal cleaning, or another

17 method is disposed of in a manner that en18 sures that—

19 ‘‘(I) the hazards from mercury

20 are not transferred from 1 environ21 mental medium to another; and

22 ‘‘(II) there is no release of mer23 cury into the environment (as the

24 terms ‘release’ and ‘environment’ are

25 defined in section 101 of the Com-
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1 prehensive Environmental Response,

2 Compensation, and Liability Act of

3 1980 (42 U.S.C. 9601)).

4 ‘‘(ii) MERCURY-CONTAINING SLUDGES

5 AND WASTES.—The regulations promul6 gated by the Administrator under para7 graph (1)(A) shall ensure that mercury8 containing sludges and wastes are handled

9 and disposed of in accordance with all ap10 plicable Federal and State laws (including

11 regulations).

12 ‘‘(B) RESEARCH PROGRAM.—To promote

13 permanent and cost-effective disposal of mer14 cury from electric utility steam generating

15 units, the Administrator shall establish a pro16 gram of long-term research to develop and dis17 seminate information on methods and tech18 niques such as separating, solidifying, recycling,

19 and encapsulating mercury-containing waste so

20 that mercury does not volatilize, migrate to

21 ground water or surface water, or contaminate

22 the soil.

23 ‘‘(5) OTHER REQUIREMENTS.—An emission

24 standard or other requirement promulgated under

25 this subsection does not diminish or replace any re-
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1 quirement of a more stringent emission limitation or

2 other applicable requirement established under this

3 Act or a standard issued under State law.

4 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

5 TO EMISSIONS OF MERCURY.—

6 ‘‘(A) IN GENERAL.—The Administrator

7 shall annually make available to the public,

8 through 1 or more published reports and 1 or

9 more forms of electronic media, facility-specific

10 mercury emission data for each electric utility

11 steam generating unit.

12 ‘‘(B) SOURCE OF DATA.—The emission

13 data shall be taken from the monitoring and

14 analysis reports submitted under paragraph

15 (3)(C).’’.

16 SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND

17 OIL-FIRED COMMERCIAL AND INDUSTRIAL

18 BOILER UNITS.

19 Section 112 of the Clean Air Act (as amended by sec20 tion 3) is amended by inserting after subsection (s) the

21 following:

22 ‘‘(t) MERCURY EMISSION STANDARDS FOR COAL23 AND OIL-FIRED COMMERCIAL AND INDUSTRIAL BOILER

24 UNITS.—

25 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) REGULATIONS.—Not later than 180

2 days after the date of enactment of this sub3 paragraph, the Administrator shall promulgate

4 regulations to establish standards for the emis5 sion of mercury and mercury compounds (col6 lectively referred to in this subsection as ‘mer7 cury’) applicable to existing and new coal- and

8 oil-fired commercial and industrial boiler units

9 that have a maximum design heat input capac10 ity of 10 mmBtu per hour or greater.

11 ‘‘(B) PERMIT REQUIREMENT.—Not later

12 than 2 years after the date of enactment of this

13 subparagraph, each coal- or oil-fired commercial

14 or industrial boiler unit shall have an enforce15 able permit issued under title V that complies

16 with this subsection.

17 ‘‘(C) PROCEDURES AND SCHEDULES FOR

18 COMPLIANCE WITH STANDARDS.—Each coal- or

19 oil-fired commercial or industrial boiler unit

20 shall achieve compliance with the mercury emis21 sion standards established under subparagraph

22 (A) in accordance with the procedures and

23 schedules established under subsection (i).

24 ‘‘(2) STANDARDS AND METHODS.—
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1 ‘‘(A) MINIMUM REQUIRED EMISSION RE2 DUCTION.—Subject to subparagraph (C), the

3 emission standards established under paragraph

4 (1)(A) shall require that each coal- or oil-fired

5 commercial or industrial boiler unit reduce its

6 annual poundage of mercury emitted, as cal7 culated under subparagraph (B), below its mer8 cury emission baseline, as calculated under

9 paragraph (3)(D), by not less than 95 percent.

10 ‘‘(B) CALCULATION OF ANNUAL POUND11 AGE OF MERCURY EMITTED.—

12 ‘‘(i) IN GENERAL.—For each coal- or

13 oil-fired commercial or industrial boiler

14 unit (referred to in this subparagraph as a

15 ‘unit’) and each calendar year, the Admin16 istrator shall calculate the poundage of

17 mercury emitted per unit for the calendar

18 year, which shall be equal to the product

19 obtained by multiplying—

20 ‘‘(I) the fuel consumption deter21 mined under clause (ii) for the unit

22 for the calendar year; by

23 ‘‘(II) the average mercury con24 tent determined under clause (iii) for

25 the unit for the calendar year.
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1 ‘‘(ii) FUEL CONSUMPTION.—The fuel

2 consumption for a unit shall be equal to

3 the annual average quantity of millions of

4 British thermal units (referred to in this

5 subparagraph as ‘mmBtu’s’) consumed by

6 the unit during the calendar year, as sub7 mitted to the Secretary of Energy on De8 partment of Energy Forms EIA–3 and

9 EIA–846 (A,B,C).

10 ‘‘(iii) AVERAGE MERCURY CON11 TENT.—

12 ‘‘(I) SPECIFIC DATA.—The aver13 age mercury content per mmBtu of

14 fuel consumed by a unit shall be de15 termined using the best available data

16 from the Department of the Interior

17 and the Department of Energy (as

18 submitted to the Secretary of Energy

19 on Department of Energy Form EIA–

20 3A) that characterize the average

21 mercury content of the fuel consumed

22 by the unit during the calendar year.

23 ‘‘(II) ESTIMATED DATA.—If spe24 cific mercury content data from the

25 Department of the Interior and the
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1 Department of Energy are not avail2 able, the average mercury content

3 shall be estimated using the average

4 mercury content of coal mined or oil

5 produced in the geographic region of

6 each mine or well that supplies the

7 unit.

8 ‘‘(C) EMISSION TRADING WITHIN A FACIL9 ITY.—

10 ‘‘(i) IN GENERAL.—For the purpose

11 of this subsection, taking into consider12 ation the cost of achieving the emission re13 duction, the Administrator may allow emis14 sion trading among the coal- and oil-fired

15 commercial and industrial boiler units con16 tained in a facility at a single site if the

17 aggregate annual reduction from all such

18 units at the facility is not less than 95 per19 cent.

20 ‘‘(ii) UNDERLYING DATA.—In

21 carrying out clause (i), the Administrator

22 shall use mercury emission data calculated

23 under paragraph (3)(D).

24 ‘‘(D) CONTROL METHODS.—For the pur25 pose of achieving compliance with the emission
30

•S 673 IS

1 standards established under paragraph (1)(A),

2 the Administrator shall authorize methods of

3 control of mercury emissions, including meas4 ures that—

5 ‘‘(i) reduce the volume of, or eliminate

6 emissions of, mercury through a process

7 change, substitution of material or fuel, or

8 other method;

9 ‘‘(ii) enclose systems or processes to

10 eliminate mercury emissions;

11 ‘‘(iii) collect, capture, or treat mer12 cury emissions when released from a proc13 ess, stack, storage, or fugitive emission

14 point;

15 ‘‘(iv) consist of design, equipment,

16 work practice, or operational standards

17 (including requirements for operator train18 ing or certification) in accordance with

19 subsection (h); or

20 ‘‘(v) consist of a combination of the

21 measures described in clauses (i) through

22 (iv).

23 ‘‘(3) PERMIT REQUIREMENTS AND CONDI24 TIONS.—
31

•S 673 IS

1 ‘‘(A) IN GENERAL.—Each permit issued in

2 accordance with paragraph (1)(B) shall

3 include—

4 ‘‘(i) enforceable mercury emission

5 standards;

6 ‘‘(ii) a schedule of compliance;

7 ‘‘(iii) a requirement that the permittee

8 submit to the permitting authority, not less

9 often than every 90 days, the results of

10 any required monitoring; and

11 ‘‘(iv) such other conditions as the Ad12 ministrator determines are necessary to en13 sure compliance with this subsection and

14 each applicable implementation plan under

15 section 110.

16 ‘‘(B) MONITORING AND ANALYSIS.—

17 ‘‘(i) PROCEDURES AND METHODS.—

18 The regulations promulgated by the Ad19 ministrator under paragraph (1)(A) shall

20 prescribe procedures and methods for—

21 ‘‘(I) monitoring and analysis for

22 mercury; and

23 ‘‘(II) determining compliance

24 with this subsection.
32

•S 673 IS

1 ‘‘(ii) INFORMATION.—Application of

2 the procedures and methods shall result in

3 reliable and timely information for deter4 mining compliance.

5 ‘‘(iii) OTHER REQUIREMENTS.—

6 ‘‘(I) IN GENERAL.—The require7 ments for monitoring and analysis

8 under this subparagraph shall

9 include—

10 ‘‘(aa) such requirements

11 that result in a representative de12 termination of mercury in ash

13 and sludge; and

14 ‘‘(bb) such combination of

15 requirements for continuous or

16 other reliable and representative

17 emission monitoring methods

18 that results in a representative

19 determination of mercury in fuel

20 as received by each coal- or oil21 fired commercial or industrial

22 boiler unit;

23 as are requisite to provide accurate

24 and reliable data for determining

25 baseline and controlled emissions of
33

•S 673 IS

1 mercury from each coal- or oil-fired

2 commercial or industrial boiler unit.

3 ‘‘(II) MINIMUM REQUIREMENT.—

4 If, under subclause (I)(bb), the Ad5 ministrator does not require a coal- or

6 oil-fired commercial or industrial boil7 er unit to use direct emission moni8 toring methods, the requirements

9 under subclause (I)(bb) shall, at a

10 minimum, result in representative de11 terminations of mercury in fuel as re12 ceived by the boiler unit at such fre13 quencies as are sufficient to determine

14 whether compliance with this sub15 section is continuous.

16 ‘‘(iv) EFFECT ON OTHER LAW.—

17 Nothing in this subsection affects any con18 tinuous emission monitoring requirement

19 of title IV or any other provision of this

20 Act.

21 ‘‘(C) INSPECTION, ENTRY, MONITORING,

22 CERTIFICATION, AND REPORTING.—

23 ‘‘(i) IN GENERAL.—Each permit

24 issued in accordance with paragraph

25 (1)(B) shall specify inspection, entry, mon-
34

•S 673 IS

1 itoring, compliance certification, and re2 porting requirements to ensure compliance

3 with the permit terms and conditions.

4 ‘‘(ii) CONFORMITY WITH OTHER REG5 ULATIONS.—The monitoring and reporting

6 requirements shall conform to each appli7 cable regulation under subparagraph (B).

8 ‘‘(iii) SIGNATURE.—Each report re9 quired under clause (i) and subparagraph

10 (B)(iii) shall be signed by a responsible of11 ficial of the coal- or oil-fired commercial or

12 industrial boiler unit, who shall certify the

13 accuracy of the report.

14 ‘‘(D) MERCURY EMISSION BASELINE.—

15 ‘‘(i) IN GENERAL.—For each coal- or

16 oil-fired commercial or industrial boiler

17 unit (referred to in this subparagraph as a

18 ‘unit’), the Administrator shall calculate

19 the baseline annual average poundage of

20 mercury emitted per unit, which shall be

21 equal to the product obtained by

22 multiplying—

23 ‘‘(I) the baseline fuel consump24 tion determined under clause (ii) for

25 the unit; by
35

•S 673 IS

1 ‘‘(II) the baseline average mer2 cury content determined under clause

3 (iii) for the unit.

4 ‘‘(ii) BASELINE FUEL CONSUMP5 TION.—

6 ‘‘(I) UNITS IN COMMERCIAL OP7 ERATION BEFORE JANUARY 1, 1996.—

8 For each unit that began commercial

9 operation before January 1, 1996, the

10 baseline fuel consumption shall be

11 equal to the annual average quantity

12 of millions of British thermal units

13 (referred to in this subparagraph as

14 ‘mmBtu’s’) consumed by the unit dur15 ing the period of calendar years 1996,

16 1997, and 1998, as submitted annu17 ally to the Secretary of Energy on De18 partment of Energy Forms EIA–3

19 and EIA–846 (A, B, C) (referred to

20 in this clause as the ‘Forms’).

21 ‘‘(II) UNITS BEGINNING COM22 MERCIAL OPERATION BETWEEN JANU23 ARY 1, 1996, AND 180 DAYS AFTER EN24 ACTMENT.—Subject to subclause

25 (III), for each unit that begins com-
36

•S 673 IS

1 mercial operation between January 1,

2 1996, and the date that is 180 days

3 after the date of enactment of this

4 subparagraph, the baseline fuel con5 sumption shall be based on the annual

6 average of the fuel use data submitted

7 on the Forms for each full year of

8 commercial operation that begins on

9 or after January 1, 1996.

10 ‘‘(III) UNITS IN COMMERCIAL

11 OPERATION LESS THAN 1 YEAR AS OF

12 180 DAYS AFTER ENACTMENT.—For

13 each unit that has not been in com14 mercial operation for at least 1 year

15 as of the date that is 180 days after

16 the date of enactment of this subpara17 graph, the Administrator may deter18 mine an interim baseline fuel con19 sumption by—

20 ‘‘(aa) extrapolating from

21 monthly fuel use data available

22 for the unit; or

23 ‘‘(bb) assigning a baseline

24 fuel consumption based on the

25 annual average of the fuel use
37

•S 673 IS

1 data submitted on the Forms for

2 other units that are of similar de3 sign and capacity.

4 ‘‘(IV) UNITS BEGINNING COM5 MERCIAL OPERATION MORE THAN 180

6 DAYS AFTER ENACTMENT.—For each

7 unit that begins commercial operation

8 more than 180 days after the date of

9 enactment of this subparagraph, the

10 application for a permit issued in ac11 cordance with paragraph (1)(B) for

12 the unit shall include an initial base13 line fuel consumption that is based on

14 the maximum design capacity for the

15 unit.

16 ‘‘(V) RECALCULATION AFTER EX17 TENDED PERIOD OF COMMERCIAL OP18 ERATION.—At such time as a unit de19 scribed in any of subclauses (II)

20 through (IV) has submitted fuel use

21 data for 3 consecutive years of com22 mercial operation on the Forms, the

23 Administrator shall recalculate the

24 baseline fuel consumption and make

25 modifications, as necessary, to the
38

•S 673 IS

1 mercury emission limitations con2 tained in the permit for the unit

3 issued in accordance with paragraph

4 (1)(B).

5 ‘‘(iii) BASELINE AVERAGE MERCURY

6 CONTENT.—

7 ‘‘(I) UNITS IN COMMERCIAL OP8 ERATION BEFORE JANUARY 1, 1996.—

9 In the case of a unit described in

10 clause (ii)(I), the baseline average

11 mercury content per mmBtu of fuel

12 consumed by a unit shall be deter13 mined using the best available data

14 from the Department of the Interior

15 and the Department of Energy (as

16 submitted to the Secretary of Energy

17 on Department of Energy Form EIA–

18 3A) that characterize the average

19 mercury content of the fuel consumed

20 by the unit during the 3-year period

21 described in clause (ii)(I).

22 ‘‘(II) UNITS BEGINNING COM23 MERCIAL OPERATION BETWEEN JANU24 ARY 1, 1996, AND 180 DAYS AFTER EN25 ACTMENT.—In the case of a unit de-
39

•S 673 IS

1 scribed in clause (ii)(II), the baseline

2 average mercury content per mmBtu

3 of fuel consumed by a unit shall be

4 determined using the best available

5 data from the Department of the In6 terior and the Department of Energy

7 (as submitted to the Secretary of En8 ergy on Department of Energy Form

9 EIA–3A) that characterize the aver10 age mercury content of the fuel con11 sumed by the unit during each full

12 year of commercial operation that be13 gins on or after January 1, 1996.

14 ‘‘(III) UNITS IN COMMERCIAL

15 OPERATION LESS THAN 1 YEAR AS OF

16 180 DAYS AFTER ENACTMENT.—In the

17 case of a unit described in clause

18 (ii)(III), the baseline average mercury

19 content per mmBtu of fuel consumed

20 by a unit shall be determined using

21 the best available data from the De22 partment of the Interior and the De23 partment of Energy (as submitted to

24 the Secretary of Energy on Depart25 ment of Energy Form EIA–3A) that
40

•S 673 IS

1 characterize the average mercury con2 tent of the fuel consumed by the

3 unit—

4 ‘‘(aa) during the months

5 used for the extrapolation under

6 clause (ii)(III); or

7 ‘‘(bb) based on the average

8 mercury content of fuel con9 sumed by other units that are of

10 similar design and capacity.

11 ‘‘(IV) UNITS BEGINNING COM12 MERCIAL OPERATION MORE THAN 180

13 DAYS AFTER ENACTMENT.—In the

14 case of a unit described in clause

15 (ii)(IV), the baseline average mercury

16 content per mmBtu of fuel consumed

17 by a unit shall be determined using

18 the best available data from the De19 partment of the Interior and the De20 partment of Energy (as submitted to

21 the Secretary of Energy on Depart22 ment of Energy Form EIA–3A), or

23 data submitted by the unit under sub24 paragraph (B)(iii), that characterize

25 the average mercury content of the
41

•S 673 IS

1 fuel consumed by the unit based on

2 the maximum design capacity for the

3 unit.

4 ‘‘(V) ESTIMATED DATA.—If mer5 cury content data described in clauses

6 (I) through (IV) are not available, the

7 baseline average mercury content shall

8 be estimated using the average mer9 cury content of coal mined or oil pro10 duced in the geographic region of each

11 mine or well that supplies the unit.

12 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

13 THROUGH EMISSION CONTROLS.—

14 ‘‘(A) IN GENERAL.—

15 ‘‘(i) CAPTURED OR RECOVERED MER16 CURY.—The regulations promulgated by

17 the Administrator under paragraph (1)(A)

18 shall ensure that mercury that is captured

19 or recovered through the use of an emis20 sion control, coal cleaning, or another

21 method is disposed of in a manner that en22 sures that—

23 ‘‘(I) the hazards from mercury

24 are not transferred from 1 environ25 mental medium to another; and
42

•S 673 IS

1 ‘‘(II) there is no release of mer2 cury into the environment (as the

3 terms ‘release’ and ‘environment’ are

4 defined in section 101 of the Com5 prehensive Environmental Response,

6 Compensation, and Liability Act of

7 1980 (42 U.S.C. 9601)).

8 ‘‘(ii) MERCURY-CONTAINING SLUDGES

9 AND WASTES.—The regulations promul10 gated by the Administrator under para11 graph (1)(A) shall ensure that mercury12 containing sludges and wastes are handled

13 and disposed of in accordance with all ap14 plicable Federal and State laws (including

15 regulations).

16 ‘‘(B) RESEARCH PROGRAM.—To promote

17 permanent and cost-effective disposal of mer18 cury from coal- and oil-fired commercial and in19 dustrial boiler units, the Administrator shall es20 tablish a program of long-term research to de21 velop and disseminate information on methods

22 and techniques such as separating, solidifying,

23 recycling, and encapsulating mercury-containing

24 waste so that mercury does not volatilize, mi-
43

•S 673 IS

1 grate to ground water or surface water, or con2 taminate the soil.

3 ‘‘(5) OTHER REQUIREMENTS.—An emission

4 standard or other requirement promulgated under

5 this subsection does not diminish or replace any re6 quirement of a more stringent emission limitation or

7 other applicable requirement established under this

8 Act or a standard issued under State law.

9 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

10 TO EMISSIONS OF MERCURY.—

11 ‘‘(A) IN GENERAL.—The Administrator

12 shall annually make available to the public,

13 through 1 or more published reports and 1 or

14 more forms of electronic media, facility-specific

15 mercury emission data for each coal- or oil-fired

16 commercial or industrial boiler unit.

17 ‘‘(B) SOURCE OF DATA.—The emission

18 data shall be taken from the monitoring and

19 analysis reports submitted under paragraph

20 (3)(C).’’.

21 SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID

22 WASTE INCINERATION UNITS.

23 (a) SEPARATION OF MERCURY-CONTAINING

24 ITEMS.—Section 3002 of the Solid Waste Disposal Act
44

•S 673 IS

1 (42 U.S.C. 6922) is amended by adding at the end the

2 following:

3 ‘‘(c) SEPARATION OF MERCURY-CONTAINING

4 ITEMS.—

5 ‘‘(1) PUBLICATION OF LIST.—

6 ‘‘(A) IN GENERAL.—Not later than 180

7 days after the date of enactment of this sub8 section, the Administrator shall publish a list of

9 mercury-containing items that shall be required

10 to be separated and removed from the waste

11 streams that feed solid waste management fa12 cilities.

13 ‘‘(B) REQUIRED ITEMS.—The list shall in14 clude mercury-containing items such as fluores15 cent light bulbs, batteries, pharmaceuticals, lab16 oratory chemicals and reagents, electrical de17 vices such as thermostats, relays, and switches,

18 and medical and scientific instruments.

19 ‘‘(C) LABELING REQUIREMENT.—

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), to facilitate the process

22 of separating and removing items listed

23 under subparagraph (A), each manufac24 turer of a listed item shall ensure that
45

•S 673 IS

1 each item is clearly labeled to indicate that

2 the product contains mercury.

3 ‘‘(ii) BUTTON CELL BATTERIES.—In

4 the case of button cell batteries for which,

5 due to size constraints, labeling described

6 in clause (i) is not practicable, the pack7 aging shall indicate that the product con8 tains mercury.

9 ‘‘(2) PLAN.—

10 ‘‘(A) REQUIREMENT.—Not later than 1

11 year after the date of enactment of this sub12 section, each person that transfers, directly or

13 through a contractor, solid waste that may con14 tain a mercury-containing item listed under

15 paragraph (1) to a solid waste management fa16 cility shall submit for review and approval by

17 the Administrator (or, in the case of a solid

18 waste management facility located in a State

19 that has a State hazardous waste program au20 thorized under section 3006, the State) a plan

21 for—

22 ‘‘(i) separating and removing mer23 cury-containing items listed by the Admin24 istrator under paragraph (1) from the
46

•S 673 IS

1 waste streams that feed any solid waste

2 management facility;

3 ‘‘(ii) subject to the other requirements

4 of this subtitle, transferring the separated

5 waste to a recycling facility or a treatment,

6 storage, or disposal facility that holds a

7 permit under this subtitle;

8 ‘‘(iii) monitoring and reporting on

9 compliance with the plan; and

10 ‘‘(iv) achieving full compliance with

11 the plan not later than 18 months after

12 the date of approval of the plan in accord13 ance with subparagraph (B).

14 ‘‘(B) PLAN APPROVAL.—

15 ‘‘(i) DEADLINE.—The Administrator

16 (or the State) shall determine whether to

17 approve or disapprove a plan submitted

18 under subparagraph (A) not later than 180

19 days after the date of receipt of the plan.

20 ‘‘(ii) PREFERENCE.—In determining

21 whether to approve a plan, the Adminis22 trator (or the State) shall give preference

23 to recycling or stabilization of mercury24 containing items over disposal of the items.

25 ‘‘(C) AMENDED PLAN.—
47

•S 673 IS

1 ‘‘(i) SUBMISSION.—If the Adminis2 trator (or the State) disapproves a plan,

3 the person may submit an amended plan

4 not later than 90 days after the date of

5 disapproval.

6 ‘‘(ii) APPROVAL.—The Administrator

7 (or the State) shall approve or disapprove

8 the amended plan not later than 30 days

9 after the date of receipt of the plan.

10 ‘‘(D) PLAN BY ADMINISTRATOR (OR

11 STATE).—

12 ‘‘(i) IN GENERAL.—If an amended

13 plan is not submitted to the Administrator

14 (or the State) within 90 days after the

15 date of disapproval, or if an amended plan

16 has been submitted and subsequently dis17 approved, the Administrator (or the State)

18 shall issue a determination that it is nec19 essary for the Administrator (or the State)

20 to promulgate a plan for the person.

21 ‘‘(ii) PLAN.—Not later than 180 days

22 after issuing the determination, the Ad23 ministrator (or the State) shall develop,

24 publish in the Federal Register (or submit

25 to the Administrator for publication in the
48

•S 673 IS

1 Federal Register), implement, and enforce

2 a plan that meets the criteria specified in

3 subparagraph (A) and ensures that full

4 compliance with the plan will be achieved

5 not later than 18 months after the date of

6 publication of the plan.

7 ‘‘(E) ENFORCEABILITY.—Upon approval

8 by the Administrator (or the State) of a plan

9 submitted under subparagraph (A), or upon

10 publication of a plan developed by the Adminis11 trator (or the State) under subparagraph (D),

12 the plan shall be enforceable under this Act.’’.

13 (b) SOLID WASTE INCINERATION UNIT MERCURY

14 EMISSION MONITORING AND ANALYSIS.—Section 129(e)

15 of the Clean Air Act (42 U.S.C. 7429(e)) is amended—

16 (1) by striking ‘‘Beginning (1) 36’’ and insert17 ing the following:

18 ‘‘(1) IN GENERAL.—Beginning (A) 36’’;

19 (2) in the first sentence, by redesignating para20 graph (2) as subparagraph (B); and

21 (3) by adding at the end the following:

22 ‘‘(2) SOLID WASTE INCINERATION UNIT MER23 CURY EMISSION MONITORING AND ANALYSIS.—

24 ‘‘(A) PROCEDURES AND METHODS.—
49

•S 673 IS

1 ‘‘(i) IN GENERAL.—Not later than

2 180 days after the date of enactment of

3 this subparagraph, the Administrator shall

4 promulgate regulations prescribing proce5 dures and methods for—

6 ‘‘(I) monitoring and analysis for

7 mercury emissions from solid waste

8 combustion flue gases; and

9 ‘‘(II) determining compliance

10 with this paragraph.

11 ‘‘(ii) INFORMATION.—Application of

12 the procedures and methods shall result in

13 reliable and timely information for deter14 mining compliance.

15 ‘‘(B) PERMIT REQUIREMENTS.—

16 ‘‘(i) IN GENERAL.—Each permit de17 scribed in paragraph (1) shall specify in18 spection, entry, monitoring, compliance

19 certification, and reporting requirements

20 with respect to mercury to ensure compli21 ance with the permit terms and conditions,

22 including a requirement that the permittee

23 submit to the permitting authority, not less

24 often than every 90 days, the results of

25 any required monitoring.
50

•S 673 IS

1 ‘‘(ii) SIGNATURE.—Each report re2 quired under clause (i) shall be signed by

3 a responsible official of the solid waste in4 cineration unit or by a municipal official,

5 who shall certify the accuracy of the re6 port.

7 ‘‘(C) ESTABLISHMENT OF MAXIMUM MER8 CURY EMISSION RATE.—

9 ‘‘(i) DETERMINATION BY THE ADMIN10 ISTRATOR.—Based on the reports required

11 to be submitted under subparagraph (B)(i)

12 36 months, 39 months, and 42 months

13 after the date of enactment of this sub14 paragraph, the Administrator (or the

15 State) shall make a determination as to

16 whether the solid waste incinerator unit

17 has achieved and is continuously maintain18 ing a mercury emission rate of not more

19 than 0.080 milligrams per dry standard

20 cubic meter.

21 ‘‘(ii) REQUIREMENT OF INSTALLA22 TION OF CONTROLS.—If the mercury emis23 sion rate specified in clause (i) is not

24 achieved and maintained over the period

25 covered by the reports referred to in clause
51

•S 673 IS

1 (i), or over any 2 out of 3 reporting peri2 ods thereafter, the Administrator shall re3 quire that the solid waste incineration unit

4 install control equipment and techniques

5 that will, within 3 years, result in a mer6 cury emission rate by the unit of not more

7 than 0.060 milligrams per dry standard

8 cubic meter.

9 ‘‘(iii) ENFORCEABILITY.—The re10 quirements of this subparagraph shall be

11 an enforceable modification to any existing

12 or new permit described in paragraph (1)

13 for the solid waste incineration unit.

14 ‘‘(D) OTHER REQUIREMENTS.—An emis15 sion standard or other requirement promulgated

16 under this subsection does not diminish or re17 place any requirement of a more stringent emis18 sion limitation or other applicable requirement

19 established under this Act or a standard issued

20 under State law.

21 ‘‘(E) PUBLIC REPORTING OF DATA PER22 TAINING TO EMISSIONS OF MERCURY.—

23 ‘‘(i) IN GENERAL.—The Administrator

24 shall annually make available to the public,

25 through 1 or more published reports and 1
52

•S 673 IS

1 or more forms of electronic media, facility2 specific mercury emission data for each

3 solid waste incineration unit.

4 ‘‘(ii) SOURCE OF DATA.—The emis5 sion data shall be taken from the moni6 toring and analysis reports submitted

7 under subparagraph (B).’’.

8 (c) PHASEOUT OF MERCURY IN PRODUCTS.—Section

9 112 of the Clean Air Act (as amended by section 4) is

10 amended by inserting after subsection (t) the following:

11 ‘‘(u) PHASEOUT OF MERCURY IN PRODUCTS.—

12 ‘‘(1) DEFINITION OF MANUFACTURER.—In this

13 subsection, the term ‘manufacturer’ includes an im14 porter for resale.

15 ‘‘(2) PROHIBITION ON SALE.—Beginning 3

16 years after the date of enactment of this paragraph,

17 a manufacturer shall not sell any mercury-con18 taining product, whether manufactured domestically,

19 imported, or manufactured for export, unless the

20 manufacturer has applied for and has been granted

21 by the Administrator an exemption from the prohibi22 tion on sale specified in this paragraph.

23 ‘‘(3) PROCEDURES FOR MAKING EXEMPTION

24 APPLICATION DETERMINATIONS.—Before making a
53

•S 673 IS

1 determination on an application, the Administrator

2 shall—

3 ‘‘(A) publish notice of the application in

4 the Federal Register;

5 ‘‘(B) provide a public comment period of

6 60 days; and

7 ‘‘(C) conduct a hearing on the record.

8 ‘‘(4) CRITERIA FOR EXEMPTION.—In making a

9 determination on an application, the Administrator

10 may grant an exemption from the prohibition on sale

11 only if—

12 ‘‘(A) the Administrator determines that

13 the mercury-containing product is a product the

14 use of which is essential;

15 ‘‘(B) the Administrator determines that

16 there is no comparable product that does not

17 contain mercury and that is available in the

18 marketplace at a reasonable cost; and

19 ‘‘(C) through documentation submitted by

20 the manufacturer, the Administrator determines

21 that the manufacturer has established a pro22 gram to take back, after use by the consumer,

23 all mercury-containing products subject to the

24 exemption that are manufactured after the date

25 of approval of the application.
54

•S 673 IS

1 ‘‘(5) TERM OF EXEMPTION.—

2 ‘‘(A) IN GENERAL.—An exemption may be

3 granted for a period of not more than 3 years.

4 ‘‘(B) RENEWALS.—Renewal of an exemp5 tion shall be carried out in accordance with

6 paragraphs (3) and (4).

7 ‘‘(6) PUBLICATIONS IN THE FEDERAL REG8 ISTER.—The Administrator shall publish in the Fed9 eral Register—

10 ‘‘(A) a description of each exemption appli11 cation approval or denial; and

12 ‘‘(B) on an annual basis, a list of products

13 for which exemptions have been granted under

14 this subsection.’’.

15 SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-AL16 KALI PLANTS.

17 Section 112 of the Clean Air Act (as amended by sec18 tion 5(c)) is amended by inserting after subsection (u) the

19 following:

20 ‘‘(v) MERCURY EMISSION STANDARDS FOR CHLOR21 ALKALI PLANTS.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) REGULATIONS.—Not later than 180

24 days after the date of enactment of this sub25 paragraph, the Administrator shall promulgate
55

•S 673 IS

1 regulations to establish standards for the direct

2 and fugitive emission of mercury and mercury

3 compounds (collectively referred to in this sub4 section as ‘mercury’) applicable to existing and

5 new chlor-alkali plants that use the mercury cell

6 production process (referred to in this sub7 section as ‘mercury cell chlor-alkali plants’).

8 ‘‘(B) PERMIT REQUIREMENT.—Not later

9 than 2 years after the date of enactment of this

10 subparagraph, each mercury cell chlor-alkali

11 plant shall have an enforceable permit issued

12 under title V that complies with this subsection.

13 ‘‘(C) PROCEDURES AND SCHEDULES FOR

14 COMPLIANCE WITH STANDARDS.—Each mer15 cury cell chlor-alkali plant shall achieve compli16 ance with the mercury emission standards es17 tablished under subparagraph (A) in accordance

18 with the procedures and schedules established

19 under subsection (i).

20 ‘‘(2) STANDARDS AND METHODS.—

21 ‘‘(A) MINIMUM REQUIRED EMISSION RE22 DUCTION.—The emission standards established

23 under paragraph (1)(A) shall require that each

24 mercury cell chlor-alkali plant reduce its annual

25 poundage of direct and fugitive mercury emit-
56

•S 673 IS

1 ted below its mercury emission baseline, as de2 termined by the Administrator, by not less than

3 95 percent.

4 ‘‘(B) CONTROL METHODS.—For the pur5 pose of achieving compliance with the emission

6 standards established under paragraph (1)(A),

7 the Administrator shall authorize methods of

8 control of mercury emissions, including meas9 ures that—

10 ‘‘(i) reduce the volume of, or eliminate

11 emissions of, mercury through a process

12 change, substitution of material, or other

13 method;

14 ‘‘(ii) enclose systems or processes to

15 eliminate mercury emissions;

16 ‘‘(iii) collect, capture, or treat mer17 cury emissions when released from a proc18 ess, stack, storage, or fugitive emission

19 point, or through evaporation of a spill;

20 ‘‘(iv) consist of design, equipment,

21 manufacturing process, work practice, or

22 operational standards (including require23 ments for operator training or certification

24 or spill prevention) in accordance with sub25 section (h); or
57

•S 673 IS

1 ‘‘(v) consist of a combination of the

2 measures described in clauses (i) through

3 (iv).

4 ‘‘(3) PERMIT REQUIREMENTS AND CONDI5 TIONS.—

6 ‘‘(A) IN GENERAL.—Each permit issued in

7 accordance with paragraph (1)(B) shall

8 include—

9 ‘‘(i) enforceable mercury emission

10 standards;

11 ‘‘(ii) a schedule of compliance;

12 ‘‘(iii) a requirement that the permittee

13 submit to the permitting authority, not less

14 often than every 90 days, the results of

15 any required monitoring; and

16 ‘‘(iv) such other conditions as the Ad17 ministrator determines are necessary to en18 sure compliance with this subsection and

19 each applicable implementation plan under

20 section 110.

21 ‘‘(B) MONITORING AND ANALYSIS.—

22 ‘‘(i) PROCEDURES AND METHODS.—

23 The regulations promulgated by the Ad24 ministrator under paragraph (1)(A) shall

25 prescribe procedures and methods for—
58

•S 673 IS

1 ‘‘(I) monitoring and analysis for

2 mercury; and

3 ‘‘(II) determining compliance

4 with this subsection.

5 ‘‘(ii) INFORMATION.—Application of

6 the procedures and methods shall result in

7 reliable and timely information for deter8 mining compliance.

9 ‘‘(iii) EFFECT ON OTHER LAW.—

10 Nothing in this subsection affects any con11 tinuous emission monitoring requirement

12 of title IV or any other provision of this

13 Act.

14 ‘‘(C) INSPECTION, ENTRY, MONITORING,

15 CERTIFICATION, AND REPORTING.—

16 ‘‘(i) IN GENERAL.—Each permit

17 issued in accordance with paragraph

18 (1)(B) shall specify inspection, entry, mon19 itoring, compliance certification, and re20 porting requirements to ensure compliance

21 with the permit terms and conditions.

22 ‘‘(ii) CONFORMITY WITH OTHER REG23 ULATIONS.—The monitoring and reporting

24 requirements shall conform to each appli25 cable regulation under subparagraph (B).
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1 ‘‘(iii) SIGNATURE.—Each report re2 quired under clause (i) shall be signed by

3 a responsible official of the mercury cell

4 chlor-alkali plant, who shall certify the ac5 curacy of the report.

6 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

7 THROUGH EMISSION CONTROLS.—

8 ‘‘(A) IN GENERAL.—

9 ‘‘(i) CAPTURED OR RECOVERED MER10 CURY.—The regulations promulgated by

11 the Administrator under paragraph (1)(A)

12 shall ensure that mercury that is captured

13 or recovered through the use of an emis14 sion control or another method is disposed

15 of in a manner that ensures that—

16 ‘‘(I) the hazards from mercury

17 are not transferred from 1 environ18 mental medium to another; and

19 ‘‘(II) there is no release of mer20 cury into the environment (as the

21 terms ‘release’ and ‘environment’ are

22 defined in section 101 of the Com23 prehensive Environmental Response,

24 Compensation, and Liability Act of

25 1980 (42 U.S.C. 9601)).
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1 ‘‘(ii) MERCURY-CONTAINING

2 WASTES.—The regulations promulgated by

3 the Administrator under paragraph (1)(A)

4 shall ensure that mercury-containing

5 wastes are handled and disposed of in ac6 cordance with all applicable Federal and

7 State laws (including regulations).

8 ‘‘(B) RESEARCH PROGRAM.—To promote

9 permanent and cost-effective disposal of mer10 cury from mercury cell chlor-alkali plants, the

11 Administrator shall establish a program of long12 term research to develop and disseminate infor13 mation on methods and techniques such as sep14 arating, solidifying, recycling, and encapsulating

15 mercury-containing waste so that mercury does

16 not volatilize, migrate to ground water or sur17 face water, or contaminate the soil.

18 ‘‘(5) OTHER REQUIREMENTS.—An emission

19 standard or other requirement promulgated under

20 this subsection does not diminish or replace any re21 quirement of a more stringent emission limitation or

22 other applicable requirement established under this

23 Act or a standard issued under State law.

24 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

25 TO EMISSIONS OF MERCURY.—
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1 ‘‘(A) IN GENERAL.—The Administrator

2 shall annually make available to the public,

3 through 1 or more published reports and 1 or

4 more forms of electronic media, facility-specific

5 mercury emission data for each mercury cell

6 chlor-alkali plant.

7 ‘‘(B) SOURCE OF DATA.—The emission

8 data shall be taken from the monitoring and

9 analysis reports submitted under paragraph

10 (3)(C).’’.

11 SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND

12 CEMENT PLANTS.

13 Section 112 of the Clean Air Act (as amended by sec14 tion 6) is amended by inserting after subsection (v) the

15 following:

16 ‘‘(w) MERCURY EMISSION STANDARDS FOR PORT17 LAND CEMENT PLANTS.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) REGULATIONS.—Not later than 180

20 days after the date of enactment of this sub21 paragraph, the Administrator shall promulgate

22 regulations—

23 ‘‘(i) to establish standards for the

24 control of direct dust emission of mercury

25 and mercury compounds (collectively re-
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1 ferred to in this subsection as ‘mercury’)

2 from crushers, mills, dryers, kilns (exclud3 ing emission from such burning of haz4 ardous waste-containing fuel in a cement

5 kiln as is regulated under section 3004(q)

6 of the Solid Waste Disposal Act (42

7 U.S.C. 6924(q)), and clinker coolers at ex8 isting and new Portland cement plants;

9 and

10 ‘‘(ii) to establish standards for the

11 control of fugitive dust emission of mer12 cury from storage, transport, charging,

13 and discharging operations at existing and

14 new Portland cement plants.

15 ‘‘(B) PERMIT REQUIREMENT.—Not later

16 than 2 years after the date of enactment of this

17 subparagraph, each Portland cement plant shall

18 have an enforceable permit issued under title V

19 that complies with this subsection.

20 ‘‘(C) PROCEDURES AND SCHEDULES FOR

21 COMPLIANCE WITH STANDARDS.—Each Port22 land cement plant shall achieve compliance with

23 the mercury emission standards established

24 under subparagraph (A) in accordance with the
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1 procedures and schedules established under

2 subsection (i).

3 ‘‘(2) STANDARDS AND METHODS.—

4 ‘‘(A) MINIMUM REQUIRED EMISSION RE5 DUCTION.—The emission standards established

6 under paragraph (1)(A) shall require that each

7 Portland cement plant reduce its annual pound8 age of direct and fugitive mercury emitted

9 below its mercury emission baseline, as deter10 mined by the Administrator, by not less than

11 95 percent.

12 ‘‘(B) CONTROL METHODS.—For the pur13 pose of achieving compliance with the emission

14 standards established under paragraph (1)(A),

15 the Administrator shall authorize methods of

16 control of mercury emissions, including meas17 ures that—

18 ‘‘(i) reduce the volume of, or eliminate

19 emissions of, mercury through a process

20 change, substitution of material, or other

21 method;

22 ‘‘(ii) enclose systems, processes, or

23 storage to eliminate mercury emissions;

24 ‘‘(iii) collect, capture, or treat mer25 cury emissions when released from a proc-
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1 ess, stack, storage, or fugitive emission

2 point;

3 ‘‘(iv) consist of design, equipment,

4 manufacturing process, work practice, or

5 operational standards (including require6 ments for operator training or certifi7 cation) in accordance with subsection (h);

8 or

9 ‘‘(v) consist of a combination of the

10 measures described in clauses (i) through

11 (iv).

12 ‘‘(3) PERMIT REQUIREMENTS AND CONDI13 TIONS.—

14 ‘‘(A) IN GENERAL.—Each permit issued in

15 accordance with paragraph (1)(B) shall

16 include—

17 ‘‘(i) enforceable mercury emission

18 standards;

19 ‘‘(ii) a schedule of compliance;

20 ‘‘(iii) a requirement that the permittee

21 submit to the permitting authority, not less

22 often than every 90 days, the results of

23 any required monitoring; and

24 ‘‘(iv) such other conditions as the Ad25 ministrator determines are necessary to en-
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1 sure compliance with this subsection and

2 each applicable implementation plan under

3 section 110.

4 ‘‘(B) MONITORING AND ANALYSIS.—

5 ‘‘(i) PROCEDURES AND METHODS.—

6 The regulations promulgated by the Ad7 ministrator under paragraph (1)(A) shall

8 prescribe procedures and methods for—

9 ‘‘(I) monitoring and analysis for

10 mercury; and

11 ‘‘(II) determining compliance

12 with this subsection.

13 ‘‘(ii) INFORMATION.—Application of

14 the procedures and methods shall result in

15 reliable and timely information for deter16 mining compliance.

17 ‘‘(iii) EFFECT ON OTHER LAW.—

18 Nothing in this subsection affects any con19 tinuous emission monitoring requirement

20 of title IV or any other provision of this

21 Act.

22 ‘‘(C) INSPECTION, ENTRY, MONITORING,

23 CERTIFICATION, AND REPORTING.—

24 ‘‘(i) IN GENERAL.—Each permit

25 issued in accordance with paragraph
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1 (1)(B) shall specify inspection, entry, mon2 itoring, compliance certification, and re3 porting requirements to ensure compliance

4 with the permit terms and conditions.

5 ‘‘(ii) CONFORMITY WITH OTHER REG6 ULATIONS.—The monitoring and reporting

7 requirements shall conform to each appli8 cable regulation under subparagraph (B).

9 ‘‘(iii) SIGNATURE.—Each report re10 quired under clause (i) shall be signed by

11 a responsible official of the Portland ce12 ment plant, who shall certify the accuracy

13 of the report.

14 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

15 THROUGH EMISSION CONTROLS.—

16 ‘‘(A) IN GENERAL.—

17 ‘‘(i) CAPTURED OR RECOVERED MER18 CURY.—The regulations promulgated by

19 the Administrator under paragraph (1)(A)

20 shall ensure that mercury that is captured

21 or recovered through the use of an emis22 sion control or another method is disposed

23 of in a manner that ensures that—
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1 ‘‘(I) the hazards from mercury

2 are not transferred from 1 environ3 mental medium to another; and

4 ‘‘(II) there is no release of mer5 cury into the environment (as the

6 terms ‘release’ and ‘environment’ are

7 defined in section 101 of the Com8 prehensive Environmental Response,

9 Compensation, and Liability Act of

10 1980 (42 U.S.C. 9601)).

11 ‘‘(ii) MERCURY-CONTAINING

12 WASTES.—The regulations promulgated by

13 the Administrator under paragraph (1)(A)

14 shall ensure that mercury-containing

15 wastes are handled and disposed of in ac16 cordance with all applicable Federal and

17 State laws (including regulations).

18 ‘‘(B) RESEARCH PROGRAM.—To promote

19 permanent and cost-effective disposal of mer20 cury from Portland cement plants, the Adminis21 trator shall establish a program of long-term re22 search to develop and disseminate information

23 on methods and techniques such as separating,

24 solidifying, recycling, and encapsulating mer25 cury-containing waste so that mercury does not
68

•S 673 IS

1 volatilize, migrate to ground water or surface

2 water, or contaminate the soil.

3 ‘‘(5) OTHER REQUIREMENTS.—An emission

4 standard or other requirement promulgated under

5 this subsection does not diminish or replace any re6 quirement of a more stringent emission limitation or

7 other applicable requirement established under this

8 Act or a standard issued under State law.

9 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

10 TO EMISSIONS OF MERCURY.—

11 ‘‘(A) IN GENERAL.—The Administrator

12 shall annually make available to the public,

13 through 1 or more published reports and 1 or

14 more forms of electronic media, facility-specific

15 mercury emission data for each Portland ce16 ment plant.

17 ‘‘(B) SOURCE OF DATA.—The emission

18 data shall be taken from the monitoring and

19 analysis reports submitted under paragraph

20 (3)(C).’’.

21 SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMIS22 SION STANDARDS FOR MEDICAL WASTE IN23 CINERATORS.

24 (a) IN GENERAL.—Not later than December 31,

25 2000, the Administrator of the Environmental Protection
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•S 673 IS

1 Agency shall submit to Congress a report on the extent

2 to which the annual poundage of mercury and mercury

3 compounds emitted by each medical waste incinerator in

4 the United States has been reduced below the baseline for

5 the medical waste incinerator determined under subsection

6 (b).

7 (b) BASELINE.—

8 (1) USE OF ACTUAL DATA.—As a baseline for

9 measuring emission reductions, the report shall use

10 the mercury and mercury compound emission data

11 that were submitted or developed during the process

12 of permitting of the medical waste incinerator under

13 the Clean Air Act (42 U.S.C. 7401 et seq.).

14 (2) LACK OF ACTUAL DATA.—If the data de15 scribed in paragraph (1) are not available, the Ad16 ministrator shall develop an estimate of baseline

17 mercury emissions based on other sources of data

18 and the best professional judgment of the Adminis19 trator.

20 SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMIS21 SION STANDARDS FOR HAZARDOUS WASTE

22 COMBUSTORS.

23 (a) IN GENERAL.—Not later than December 31,

24 2000, the Administrator of the Environmental Protection

25 Agency shall submit to Congress a report on the extent
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•S 673 IS

1 to which the annual poundage of mercury and mercury

2 compounds emitted by each hazardous waste combustor

3 in the United States has been reduced below the baseline

4 for the hazardous waste combustor determined under sub5 section (b).

6 (b) BASELINE.—

7 (1) USE OF ACTUAL DATA.—As a baseline for

8 measuring emission reductions, the report shall use

9 the mercury and mercury compound emission data

10 that were submitted or developed during the process

11 of permitting of the hazardous waste combustor

12 under the Clean Air Act (42 U.S.C. 7401 et seq.).

13 (2) LACK OF ACTUAL DATA.—If the data de14 scribed in paragraph (1) are not available, the Ad15 ministrator shall develop an estimate of baseline

16 mercury emissions based on other sources of data

17 and the best professional judgment of the Adminis18 trator.

19 SEC. 10. REPORT ON USE OF MERCURY AND MERCURY

20 COMPOUNDS BY DEPARTMENT OF DEFENSE.

21 (a) IN GENERAL.—Not later than December 31,

22 2000, the Secretary of Defense shall submit to Congress

23 a report on the use of mercury and mercury compounds

24 by the Department of Defense.
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1 (b) CONTENTS.—In the report, the Secretary of De2 fense shall describe—

3 (1) measures that the Department of Defense is

4 carrying out to reduce the use and emissions of mer5 cury and mercury compounds by the Department;

6 and

7 (2) measures that the Department of Defense is

8 carrying out to stabilize or recycle discarded mer9 cury or discarded mercury-containing products.

10 SEC. 11. INTERNATIONAL ACTIVITIES.

11 (a) STUDY AND REPORT.—Not later than December

12 31, 2000, the Administrator of the Environmental Protec13 tion Agency, in cooperation with appropriate representa14 tives of Canada and Mexico, shall study and submit to

15 Congress a report on the sources and extent of mercury

16 emissions in North America.

17 (b) REVIEW.—Before submitting the report to Con18 gress, the Administrator shall submit the report for—

19 (1) internal and external scientific peer review;

20 and

21 (2) review by the Science Advisory Board estab22 lished by section 8 of the Environmental Research,

23 Development, and Demonstration Authorization Act

24 of 1978 (42 U.S.C. 4365).
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1 (c) REQUIRED ELEMENTS.—The report shall

2 include—

3 (1) a characterization and identification of the

4 sources of emissions of mercury in North America;

5 (2) a description of the patterns and pathways

6 taken by mercury pollution through the atmosphere

7 and surface water; and

8 (3) recommendations for pollution control meas9 ures, options, and strategies that, if implemented in10 dividually or jointly by the United States, Canada,

11 and Mexico, will eliminate or greatly reduce

12 transboundary atmospheric and surface water mer13 cury pollution in North America.

14 SEC. 12. MERCURY RESEARCH.

15 Section 103 of the Clean Air Act (42 U.S.C. 7403)

16 is amended by adding at the end the following:

17 ‘‘(l) MERCURY RESEARCH.—

18 ‘‘(1) ESTABLISHMENT OF PROGRAMS.—The Ad19 ministrator shall establish—

20 ‘‘(A) a program to characterize and quan21 tify the potential mercury-related health effects

22 on high-risk populations (such as pregnant

23 women and their fetuses, women of childbearing

24 age, children, and individuals who subsist pri25 marily on fish); and
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1 ‘‘(B) a mercury public awareness and pre2 vention program targeted at populations most

3 at risk from exposure to mercury.

4 ‘‘(2) STUDY OF IMPLEMENTATION OF MEAS5 URES TO CONTROL MERCURY EMISSIONS.—

6 ‘‘(A) ESTABLISHMENT OF ADVISORY COM7 MITTEE.—Not later than 3 years after the date

8 of enactment of this subsection, the Secretary

9 of Health and Human Services and the Admin10 istrator shall establish an advisory committee to

11 evaluate and prepare a report on the progress

12 made by the Federal Government, State and

13 local governments, industry, and other regu14 lated entities to implement and comply with the

15 mercury-related amendments to the Clean Air

16 Act (42 U.S.C. 7401 et seq.) made by the Om17 nibus Mercury Emissions Reduction Act of

18 1999.

19 ‘‘(B) MEMBERSHIP.—

20 ‘‘(i) IN GENERAL.—The advisory com21 mittee shall consist of at least 15 mem22 bers, of whom at least 1 member shall rep23 resent each of the following:

24 ‘‘(I) The Department of Health

25 and Human Services.
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1 ‘‘(II) The Agency for Toxic Sub2 stances and Disease Registry.

3 ‘‘(III) The Food and Drug Ad4 ministration.

5 ‘‘(IV) The Environmental Protec6 tion Agency.

7 ‘‘(V) The National Academy of

8 Sciences.

9 ‘‘(VI) Native American popu10 lations.

11 ‘‘(VII) State and local govern12 ments.

13 ‘‘(VIII) Industry.

14 ‘‘(IX) Environmental organiza15 tions.

16 ‘‘(X) Public health organizations.

17 ‘‘(ii) APPOINTMENT.—The Secretary

18 of Health and Human Services and the

19 Administrator shall each appoint not fewer

20 than 7 members of the advisory committee.

21 ‘‘(C) DUTIES.—The advisory committee

22 shall—

23 ‘‘(i) evaluate the adequacy and com24 pleteness of data collected and dissemi25 nated by the Environmental Protection
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1 Agency and each State that reports on and

2 measures mercury contamination in the en3 vironment;

4 ‘‘(ii) make recommendations to the

5 Secretary of Health and Human Services

6 and the Administrator concerning—

7 ‘‘(I) changes necessary to im8 prove the quality and ensure consist9 ency from State to State of Federal

10 and State data collection, reporting,

11 and characterization of baseline envi12 ronmental conditions; and

13 ‘‘(II) methods for improving pub14 lic education, particularly among high15 risk populations (such as pregnant

16 women and their fetuses, women of

17 childbearing age, children, and indi18 viduals who subsist primarily on fish),

19 concerning the pathways and effects

20 of mercury contamination and con21 sumption; and

22 ‘‘(iii) not later than 4 years after the

23 date of enactment of this subsection, com24 pile and make available to the public,

25 through 1 or more published reports and 1
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1 or more forms of electronic media, the

2 findings, recommendations, and supporting

3 data, including State-specific data, of the

4 advisory committee under this subpara5 graph.

6 ‘‘(D) COMPENSATION.—

7 ‘‘(i) IN GENERAL.—A member of the

8 advisory committee shall receive no com9 pensation by reason of the service of the

10 member on the advisory committee.

11 ‘‘(ii) TRAVEL EXPENSES.—A member

12 of the advisory committee shall be allowed

13 travel expenses, including per diem in lieu

14 of subsistence, at rates authorized for em15 ployees of agencies under subchapter I of

16 chapter 57 of title 5, United States Code,

17 while away from the home or regular place

18 of business of the member in the perform19 ance of services for the advisory com20 mittee.

21 ‘‘(E) DURATION OF ADVISORY COM22 MITTEE.—The advisory committee—

23 ‘‘(i) shall terminate not earlier than

24 the date on which the Secretary of Health

25 and Human Services and the Adminis-
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1 trator determine that the findings, rec2 ommendations, and supporting data pre3 pared by the advisory committee have been

4 made available to the public; and

5 ‘‘(ii) may, at the discretion of the Sec6 retary of Health and Human Services and

7 the Administrator, continue in existence

8 after that date to further carry out the du9 ties described in subparagraph (C).

10 ‘‘(F) APPLICABILITY OF FEDERAL ADVI11 SORY COMMITTEE ACT.—The Federal Advisory

12 Committee Act (5 U.S.C. App.) shall not apply

13 to the advisory committee established under

14 this paragraph.

15 ‘‘(G) FUNDING.—The Secretary of Health

16 and Human Services and the Administrator

17 shall each provide 50 percent of the funding

18 necessary to carry out this paragraph.

19 ‘‘(3) REPORT ON MERCURY SEDIMENTATION

20 TRENDS.—Not later than 1 year after the date of

21 enactment of this subsection, the Administrator shall

22 submit to Congress a report that characterizes mer23 cury and mercury-compound sedimentation trends in

24 Lake Champlain, Chesapeake Bay, the Great Lakes,

25 the finger lakes region of upstate New York, Tampa
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1 Bay, and other water bodies of concern (as deter2 mined by the Administrator).

3 ‘‘(4) EVALUATION OF FISH CONSUMPTION

4 ADVISORIES.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall evaluate the adequacy, consistency, com7 pleteness, and public dissemination of—

8 ‘‘(i) data collected by the Environ9 mental Protection Agency and each State

10 concerning mercury contamination of fish;

11 and

12 ‘‘(ii) advisories to warn the public

13 about the consumption of mercury-con14 taminated fish (referred to in this para15 graph as ‘fish consumption advisories’).

16 ‘‘(B) IMPROVEMENT OF QUALITY AND

17 CONSISTENCY.—In conjunction with each State

18 or unilaterally, the Administrator shall imple19 ment any changes necessary to improve the

20 quality and ensure consistency from State to

21 State of Federal and State data collection, re22 porting, characterization of mercury contamina23 tion, and thresholds concerning mercury con24 tamination in fish above which fish consump25 tion advisories will be issued.
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1 ‘‘(C) REPORTING.—Not later than 2 years

2 after the date of enactment of this subsection

3 and every 2 years thereafter, the Administrator

4 shall prepare and make available to the public,

5 through 1 or more published reports and 1 or

6 more forms of electronic media, information

7 providing detail by State, watershed, water

8 body, and river reach of mercury levels in fish

9 and any fish consumption advisories that have

10 been issued during the preceding 2-year period.

11 ‘‘(D) EFFECT ON STATE AUTHORITY.—

12 Nothing in this paragraph affects any authority

13 of a State to advise residents of the mercury

14 content of commercially sold foods and other

15 products.’’.

Æ