IV

105TH CONGRESS

1ST SESSION H. CON. RES. 91

Expressing the sense of Congress that the Administrator of the Environmental

Protection Agency should take immediate steps to abate emissions of

mercury and release to Congress the study of mercury required under

the Clean Air Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 1997

Mr. SANDERS (for himself, Mr. PALLONE, Mr. EHLERS, Mrs. MALONEY of

New York, Mr. FRANK of Massachusetts, Mr. FILNER, Mr. KLUG, Mr.

DELLUMS, Ms. CHRISTIAN-GREEN, Ms. RIVERS, Ms. EDDIE BERNICE

JOHNSON of Texas, Ms. DEGETTE, Mr. EVANS, Mr. HINCHEY, Mr. KENNEDY of Massachusetts, Mr. CONYERS, Mr. BARRETT of Wisconsin, Ms.

FURSE, Mr. FRANKS of New Jersey, and Mr. SABO) submitted the following concurrent resolution; which was referred to the Committee on Commerce

CONCURRENT RESOLUTION

Expressing the sense of Congress that the Administrator

of the Environmental Protection Agency should take immediate steps to abate emissions of mercury and release

to Congress the study of mercury required under the

Clean Air Act, and for other purposes.

Whereas there has been a two-to-threefold global increase in

mercury in the environment since the 1850’s, increases of

3 times have been found in wilderness areas of the United States, and much higher increases have been found in

developed areas of the United States;
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•HCON 91 IH

Whereas mercury is truly a State, national, and international

concern because mercury is atmospherically transported

indiscriminately across political boundaries;

Whereas atmospheric deposition resulting from human activities, including area sources, waste incineration and disposal, and fossil fuel burning contributes to mercury

loading in the environment;

Whereas mercury is a persistent bioaccumulative toxic substance that presents particular problems in aquatic systems;

Whereas fish consumption advisories have been issued for at

least 1,500 water bodies in 37 States because of high levels of mercury contamination in fish, resulting in losses

to tourism and fishing industries and related activities;

Whereas, according to estimates by the Administrator of the

Environmental Protection Agency, each year in the United States between 80,000 and 85,000 pregnant women

are exposed to mercury levels high enough to produce

risk to their children;

Whereas the study of mercury required under section

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

7412(n)(1)(B)), required to be completed by November

15, 1994, represents the best information in the world on

the use, generation, and disposal of mercury;

Whereas the Administrator of the Environmental Protection

Agency effectively completed the draft report in 1995,

but has continually delayed submittal of the study to

Congress;

Whereas there are known substitutes for most mercury-containing products and devices, except for high-efficiency

lighting;
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•HCON 91 IH

Whereas over 500,000,000 mercury-containing lamps are annually produced in the United States, representing one of

the largest sources of mercury in municipal waste

streams, and typical waste management practices involve

compaction, which results in mercury releases, before and

during disposal;

Whereas landfill air emissions test data for mercury is lacking;

Whereas the Administrator of the Environmental Protection

Agency is establishing simultaneously maximum achievable control technologies for mercury sources pursuant to

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

tightening water quality criteria for mercury under the

Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.), placing priority on mercury-contaminated

superfund sites, but is proposing to exempt mercury-containing lamps from hazardous waste regulations;

Whereas the United States and Canada have jointly agreed

in the Agreement on Air Quality, Agreement on Great

Lakes Water Quality, 1978, and Agreement on Virtual

Elimination of Persistent Toxic Substances in the Great

Lakes Basin to control transboundary emissions and to

cooperate on research and development projects to eliminate toxic substances, including mercury; and

Whereas Federal and State governments have taken many actions to reduce mercury in the environment: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring),
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•HCON 91 IH

1 SECTION 1. SENSE OF CONGRESS.

2 It is the sense of Congress that the Administrator

3 of the Environmental Protection Agency should—

4 (1) immediately release to Congress the study

5 of mercury required under section 112(n)(1)(B) of

6 the Clean Air Act (42 U.S.C. 7412(n)(1)(B));

7 (2) conduct landfill air emission tests for mer8 cury in the Northeast and nationally; and

9 (3) not exempt mercury-containing lamps from

10 hazardous waste regulations, but should instead

11 adopt universal waste rules that foster mercury recy12 cling.

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