II

105TH CONGRESS

2D SESSION S. 1915

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

APRIL 2, 1998

Mr. LEAHY 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 1998’’.

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. Mercury emission standards for 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 medi9 cal 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 (w); and

3 (2) by inserting after subsection (r) the follow4 ing:

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 mul23 tiplying—
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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 carry24 ing out clause (i), the Administrator shall
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1 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 in8 clude—

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 in13 clude—

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 generat15 ing unit, who shall certify the accuracy of

16 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, 1995.—

11 For each unit that began commercial

12 operation before January 1, 1995, 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 1995,

19 1996, and 1997, 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, 1995, AND 180 DAYS AFTER EN2 ACTMENT.—Subject to subclause

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

5 1995, 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, 1995.

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, 1995.—

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, 1995, 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, 1995.

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 submit18 ted by the unit under subparagraph

19 (B)(iii), that characterize the average

20 mercury content of the fuel consumed

21 by the unit based on the maximum

22 design capacity for the unit.

23 ‘‘(V) ESTIMATED DATA.—If mer24 cury content data described in clauses

25 (I) through (IV) are not available, the
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1 baseline average mercury content shall

2 be estimated using the average mer3 cury content of fossil fuel from mines

4 or wells in the geographic region of

5 each mine or well that supplies the

6 unit.

7 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

8 THROUGH EMISSION CONTROLS.—

9 ‘‘(A) IN GENERAL.—

10 ‘‘(i) CAPTURED OR RECOVERED MER11 CURY.—The regulations promulgated by

12 the Administrator under paragraph (1)(A)

13 shall ensure that mercury that is captured

14 or recovered through the use of an emis15 sion control, coal cleaning, or another

16 method is disposed of in a manner that en17 sures that—

18 ‘‘(I) the hazards from mercury

19 are not transferred from 1 environ20 mental medium to another; and

21 ‘‘(II) there is no release of mer22 cury into the environment (as the

23 terms ‘release’ and ‘environment’ are

24 defined in section 101 of the Com25 prehensive Environmental Response,
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1 Compensation, and Liability Act of

2 1980 (42 U.S.C. 9601)).

3 ‘‘(ii) MERCURY-CONTAINING SLUDGES

4 AND WASTES.—The regulations promul5 gated by the Administrator under para6 graph (1)(A) shall ensure that mercury7 containing sludges and wastes are handled

8 and disposed of in accordance with all ap9 plicable Federal and State laws (including

10 regulations).

11 ‘‘(B) RESEARCH PROGRAM.—To promote

12 permanent and cost-effective disposal of mer13 cury from electric utility steam generating

14 units, the Administrator shall establish a pro15 gram of long-term research to develop and dis16 seminate information on methods and tech17 niques such as separating, solidifying, recycling,

18 and encapsulating mercury-bearing waste so

19 that mercury does not volatilize, migrate to

20 ground water or surface water, or contaminate

21 the soil.

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

23 standard or other requirement promulgated under

24 this subsection does not diminish or replace any re25 quirement of a more stringent emission limitation or
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1 other applicable requirement established under this

2 Act or a standard issued under State law.

3 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

4 TO EMISSIONS OF MERCURY.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall annually make available to the public,

7 through 1 or more published reports and 1 or

8 more forms of electronic media, facility-specific

9 mercury emission data for each electric utility

10 steam generating unit.

11 ‘‘(B) SOURCE OF DATA.—The emission

12 data shall be taken from the monitoring and

13 analysis reports submitted under paragraph

14 (3)(C).’’.

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

16 OIL-FIRED COMMERCIAL AND INDUSTRIAL

17 BOILER UNITS.

18 Section 112 of the Clean Air Act (as amended by sec19 tion 3) is amended by inserting after subsection (s) the

20 following:

21 ‘‘(t) MERCURY EMISSION STANDARDS FOR COAL22 AND OIL-FIRED COMMERCIAL AND INDUSTRIAL BOILER

23 UNITS.—

24 ‘‘(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 carry21 ing out clause (i), the Administrator shall

22 use mercury emission data calculated

23 under paragraph (3)(D).

24 ‘‘(D) CONTROL METHODS.—For the pur25 pose of achieving compliance with the emission
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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 1915 IS

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

2 accordance with paragraph (1)(B) shall in3 clude—

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 1915 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 in9 clude—

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 1915 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 monitor8 ing methods, the requirements under

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

10 result in representative determinations

11 of mercury in fuel as received by the

12 boiler unit at such frequencies as are

13 sufficient to determine whether com14 pliance with this subsection is contin15 uous.

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 1915 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 multiply22 ing—

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

25 the unit; by
35

•S 1915 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, 1995.—

8 For each unit that began commercial

9 operation before January 1, 1995, 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 1995,

16 1996, and 1997, 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 in

20 this clause as the ‘Forms’).

21 ‘‘(II) UNITS BEGINNING COM22 MERCIAL OPERATION BETWEEN JANU23 ARY 1, 1995, AND 180 DAYS AFTER EN24 ACTMENT.—Subject to subclause

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

•S 1915 IS

1 mercial operation between January 1,

2 1995, 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, 1995.

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 1915 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 1915 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, 1995.—

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, 1995, AND 180 DAYS AFTER EN25 ACTMENT.—In the case of a unit de-
39

•S 1915 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, 1995.

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 1915 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 1915 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 1915 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-bearing

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

•S 1915 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. MERCURY EMISSION STANDARDS FOR SOLID

22 WASTE INCINERATION UNITS.

23 Section 129(e) of the Clean Air Act (42 U.S.C.

24 7429(e)) is amended—
44

•S 1915 IS

1 (1) by striking ‘‘Beginning (1) 36’’ and insert2 ing the following:

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

4 (2) in the first sentence, by redesignating para5 graph (2) as subparagraph (B); and

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

7 ‘‘(2) SEPARATION OF MERCURY-CONTAINING

8 ITEMS.—

9 ‘‘(A) PUBLICATION OF LIST.—

10 ‘‘(i) IN GENERAL.—Not later than

11 180 days after the date of enactment of

12 this subparagraph, the Administrator shall

13 publish a list of mercury-containing items

14 that shall be separated and removed from

15 the waste streams that feed solid waste in16 cineration units.

17 ‘‘(ii) REQUIRED ITEMS.—The list

18 shall include mercury-containing items

19 such as fluorescent light bulbs, batteries,

20 pharmaceuticals, laboratory chemicals and

21 reagents, electrical devices such as thermo22 stats, relays, and switches, and medical

23 and scientific instruments.

24 ‘‘(iii) LABELING REQUIREMENT.—
45

•S 1915 IS

1 ‘‘(I) IN GENERAL.—Except as

2 provided in subclause (II), to facilitate

3 the process of separating and remov4 ing items listed under clause (i), each

5 manufacturer of a listed item shall en6 sure that each item is clearly labeled

7 to indicate that the product contains

8 mercury.

9 ‘‘(II) BUTTON CELL BAT10 TERIES.—In the case of button cell

11 batteries for which, due to size con12 straints, labeling described in sub13 clause (I) is not practicable, the pack14 aging shall indicate that the product

15 contains mercury.

16 ‘‘(B) MONITORING AND ANALYSIS.—

17 ‘‘(i) PROCEDURES AND METHODS.—

18 Not later than 180 days after the date of

19 enactment of this subparagraph, the Ad20 ministrator shall promulgate regulations

21 prescribing procedures and methods for—

22 ‘‘(I) monitoring and analysis for

23 mercury emissions from solid waste

24 combustion flue gases; and
46

•S 1915 IS

1 ‘‘(II) determining compliance

2 with this paragraph.

3 ‘‘(ii) INFORMATION.—Application of

4 the procedures and methods shall result in

5 reliable and timely information for deter6 mining compliance.

7 ‘‘(C) PLAN.—

8 ‘‘(i) REQUIREMENT.—Not later than

9 1 year after the date of enactment of this

10 subparagraph, each solid waste inciner11 ation unit that operates pursuant to a per12 mit described in paragraph (1) shall sub13 mit for review and approval by the Admin14 istrator (or, in the case of a solid waste in15 cineration unit located in a State acting

16 under a permit program approved under

17 title V, the State) a plan for—

18 ‘‘(I) separating and removing

19 mercury-containing items listed by the

20 Administrator under subparagraph

21 (A) from the waste streams that feed

22 the solid waste incineration unit;

23 ‘‘(II) subject to subtitle C of the

24 Solid Waste Disposal Act (42 U.S.C.

25 6921 et seq.), transferring the sepa-
47

•S 1915 IS

1 rated waste to a recycling facility or a

2 treatment, storage, or disposal facility

3 permitted under that subtitle;

4 ‘‘(III) monitoring and reporting

5 on compliance with the plan; and

6 ‘‘(IV) achieving full compliance

7 with the plan not later than 18

8 months after the date of approval of

9 the plan in accordance with clause

10 (ii).

11 ‘‘(ii) PLAN APPROVAL.—

12 ‘‘(I) DEADLINE.—The Adminis13 trator (or the State) shall determine

14 whether to approve or disapprove a

15 plan submitted under clause (i) not

16 later than 180 days after receipt of

17 the plan.

18 ‘‘(II) PREFERENCE.—In deter19 mining whether to approve a plan, the

20 Administrator (or the State) shall give

21 preference to recycling or stabilization

22 of mercury-containing items over dis23 posal of the items.

24 ‘‘(iii) AMENDED PLAN.—
48

•S 1915 IS

1 ‘‘(I) SUBMISSION.—If the Admin2 istrator (or the State) disapproves a

3 plan submitted under clause (i), the

4 solid waste incineration unit may sub5 mit an amended plan within 90 days

6 after the date of disapproval.

7 ‘‘(II) APPROVAL.—The Adminis8 trator (or the State) shall approve or

9 disapprove the amended plan within

10 30 days after receipt of the plan.

11 ‘‘(iv) PLAN BY ADMINISTRATOR (OR

12 STATE).—

13 ‘‘(I) IN GENERAL.—If an amend14 ed plan is not submitted to the Ad15 ministrator (or the State) within 90

16 days after the date of disapproval, or

17 if an amended plan has been submit18 ted and subsequently disapproved, the

19 Administrator (or the State) shall

20 issue a determination that it is nec21 essary for the Administrator (or the

22 State) to assume the duties of the

23 solid waste incineration unit concern24 ing the plan.
49

•S 1915 IS

1 ‘‘(II) PLAN.—Not later than 180

2 days after issuing the determination,

3 the Administrator (or the State) shall

4 develop, publish in the Federal Reg5 ister, implement, and enforce a plan

6 for the solid waste incineration unit

7 that meets the criteria specified in

8 clause (i) and ensures that full com9 pliance with the plan is achieved not

10 later than 18 months after the date of

11 publication of the plan.

12 ‘‘(v) ENFORCEABILITY.—Upon ap13 proval by the Administrator (or the State)

14 of a plan submitted under clause (i), or

15 upon publication of a plan developed by

16 the Administrator (or the State) under

17 clause (iv), the plan shall be considered to

18 be an enforceable modification to any exist19 ing or new permit described in paragraph

20 (1) for the solid waste incineration unit.

21 ‘‘(D) PERMIT REQUIREMENTS.—

22 ‘‘(i) IN GENERAL.—Each permit de23 scribed in paragraph (1) shall specify in24 spection, entry, monitoring, compliance

25 certification, and reporting requirements to
50

•S 1915 IS

1 ensure compliance with the permit terms

2 and conditions, including a requirement

3 that the permittee submit to the permit4 ting authority, not less often than every 90

5 days, the results of any required monitor6 ing.

7 ‘‘(ii) SIGNATURE.—Each report re8 quired under clause (i) shall be signed by

9 a responsible official of the solid waste in10 cineration unit or by a municipal official,

11 who shall certify the accuracy of the re12 port.

13 ‘‘(E) OTHER REQUIREMENTS.—An emis14 sion standard or other requirement promulgated

15 under this subsection does not diminish or re16 place any requirement of a more stringent emis17 sion limitation or other applicable requirement

18 established under this Act or a standard issued

19 under State law.

20 ‘‘(F) PUBLIC REPORTING OF DATA PER21 TAINING TO EMISSIONS OF MERCURY.—

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

23 shall annually make available to the public,

24 through 1 or more published reports and 1

25 or more forms of electronic media, facility-
51

•S 1915 IS

1 specific mercury emission data for each

2 solid waste incineration unit.

3 ‘‘(ii) SOURCE OF DATA.—The emis4 sion data shall be taken from the monitor5 ing and analysis reports submitted under

6 subparagraph (D).’’.

7 SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-AL8 KALI PLANTS.

9 Section 112 of the Clean Air Act (as amended by sec10 tion 4) is amended by inserting after subsection (t) the

11 following:

12 ‘‘(u) MERCURY EMISSION STANDARDS FOR CHLOR13 ALKALI PLANTS.—

14 ‘‘(1) IN GENERAL.—

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

16 days after the date of enactment of this sub17 paragraph, the Administrator shall promulgate

18 regulations to establish standards for the direct

19 and fugitive emission of mercury and mercury

20 compounds (collectively referred to in this sub21 section as ‘mercury’) applicable to existing and

22 new chlor-alkali plants that use the mercury cell

23 production process (referred to in this sub24 section as ‘mercury cell chlor-alkali plants’).
52

•S 1915 IS

1 ‘‘(B) PERMIT REQUIREMENT.—Not later

2 than 2 years after the date of enactment of this

3 subparagraph, each mercury cell chlor-alkali

4 plant shall have an enforceable permit issued

5 under title V that complies with this subsection.

6 ‘‘(C) PROCEDURES AND SCHEDULES FOR

7 COMPLIANCE WITH STANDARDS.—Each mer8 cury cell chlor-alkali plant shall achieve compli9 ance with the mercury emission standards es10 tablished under subparagraph (A) in accordance

11 with the procedures and schedules established

12 under subsection (i).

13 ‘‘(2) STANDARDS AND METHODS.—

14 ‘‘(A) MINIMUM REQUIRED EMISSION RE15 DUCTION.—The emission standards established

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

17 mercury cell chlor-alkali plant reduce its annual

18 poundage of direct and fugitive mercury emit19 ted below its mercury emission baseline, as de20 termined by the Administrator, by not less than

21 95 percent.

22 ‘‘(B) CONTROL METHODS.—For the pur23 pose of achieving compliance with the emission

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

25 the Administrator shall authorize methods of
53

•S 1915 IS

1 control of mercury emissions, including meas2 ures that—

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

4 emissions of, mercury through a process

5 change, substitution of material, or other

6 method;

7 ‘‘(ii) enclose systems or processes to

8 eliminate mercury emissions;

9 ‘‘(iii) collect, capture, or treat mer10 cury emissions when released from a proc11 ess, stack, storage, or fugitive emission

12 point, or through evaporation of a spill;

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

14 manufacturing process, work practice, or

15 operational standards (including require16 ments for operator training or certification

17 or spill prevention) in accordance with sub18 section (h); or

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

20 measures described in clauses (i) through

21 (iv).

22 ‘‘(3) PERMIT REQUIREMENTS AND CONDI23 TIONS.—
54

•S 1915 IS

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

2 accordance with paragraph (1)(B) shall in3 clude—

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.
55

•S 1915 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) EFFECT ON OTHER LAW.—

6 Nothing in this subsection affects any con7 tinuous emission monitoring requirement

8 of title IV or any other provision of this

9 Act.

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

11 CERTIFICATION, AND REPORTING.—

12 ‘‘(i) IN GENERAL.—Each permit

13 issued in accordance with paragraph

14 (1)(B) shall specify inspection, entry, mon15 itoring, compliance certification, and re16 porting requirements to ensure compliance

17 with the permit terms and conditions.

18 ‘‘(ii) CONFORMITY WITH OTHER REG19 ULATIONS.—The monitoring and reporting

20 requirements shall conform to each appli21 cable regulation under subparagraph (B).

22 ‘‘(iii) SIGNATURE.—Each report re23 quired under clause (i) shall be signed by

24 a responsible official of the mercury cell
56

•S 1915 IS

1 chlor-alkali plant, who shall certify the ac2 curacy of the report.

3 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

4 THROUGH EMISSION CONTROLS.—

5 ‘‘(A) IN GENERAL.—

6 ‘‘(i) CAPTURED OR RECOVERED MER7 CURY.—The regulations promulgated by

8 the Administrator under paragraph (1)(A)

9 shall ensure that mercury that is captured

10 or recovered through the use of an emis11 sion control or another method is disposed

12 of in a manner that ensures that—

13 ‘‘(I) the hazards from mercury

14 are not transferred from 1 environ15 mental medium to another; and

16 ‘‘(II) there is no release of mer17 cury into the environment (as the

18 terms ‘release’ and ‘environment’ are

19 defined in section 101 of the Com20 prehensive Environmental Response,

21 Compensation, and Liability Act of

22 1980 (42 U.S.C. 9601)).

23 ‘‘(ii) MERCURY-CONTAINING

24 WASTES.—The regulations promulgated by

25 the Administrator under paragraph (1)(A)
57

•S 1915 IS

1 shall ensure that mercury-containing

2 wastes are handled and disposed of in ac3 cordance with all applicable Federal and

4 State laws (including regulations).

5 ‘‘(B) RESEARCH PROGRAM.—To promote

6 permanent and cost-effective disposal of mer7 cury from mercury cell chlor-alkali plants, the

8 Administrator shall establish a program of long9 term research to develop and disseminate infor10 mation on methods and techniques such as sep11 arating, solidifying, recycling, and encapsulating

12 mercury-bearing waste so that mercury does

13 not volatilize, migrate to ground water or sur14 face water, or contaminate the soil.

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

16 standard or other requirement promulgated under

17 this subsection does not diminish or replace any re18 quirement of a more stringent emission limitation or

19 other applicable requirement established under this

20 Act or a standard issued under State law.

21 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

22 TO EMISSIONS OF MERCURY.—

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

24 shall annually make available to the public,

25 through 1 or more published reports and 1 or
58

•S 1915 IS

1 more forms of electronic media, facility-specific

2 mercury emission data for each mercury cell

3 chlor-alkali plant.

4 ‘‘(B) SOURCE OF DATA.—The emission

5 data shall be taken from the monitoring and

6 analysis reports submitted under paragraph

7 (3)(C).’’.

8 SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND

9 CEMENT PLANTS.

10 Section 112 of the Clean Air Act (as amended by sec11 tion 6) is amended by inserting after subsection (u) the

12 following:

13 ‘‘(v) MERCURY EMISSION STANDARDS FOR PORT14 LAND CEMENT PLANTS.—

15 ‘‘(1) IN GENERAL.—

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

17 days after the date of enactment of this sub18 paragraph, the Administrator shall promulgate

19 regulations—

20 ‘‘(i) to establish standards for the

21 control of direct dust emission of mercury

22 and mercury compounds (collectively re23 ferred to in this subsection as ‘mercury’)

24 from crushers, mills, dryers, kilns (exclud25 ing emission from such burning of hazard-
59

•S 1915 IS

1 ous waste-containing fuel in a cement kiln

2 as is regulated under section 3004(q) of

3 the Solid Waste Disposal Act (42 U.S.C.

4 6924(q)), and clinker coolers at existing

5 and new Portland cement plants; and

6 ‘‘(ii) to establish standards for the

7 control of fugitive dust emission of mer8 cury from storage, transport, charging,

9 and discharging operations at existing and

10 new Portland cement plants.

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

12 than 2 years after the date of enactment of this

13 subparagraph, each Portland cement plant shall

14 have an enforceable permit issued under title V

15 that complies with this subsection.

16 ‘‘(C) PROCEDURES AND SCHEDULES FOR

17 COMPLIANCE WITH STANDARDS.—Each Port18 land cement plant shall achieve compliance with

19 the mercury emission standards established

20 under subparagraph (A) in accordance with the

21 procedures and schedules established under

22 subsection (i).

23 ‘‘(2) STANDARDS AND METHODS.—

24 ‘‘(A) MINIMUM REQUIRED EMISSION RE25 DUCTION.—The emission standards established
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1 under paragraph (1)(A) shall require that each

2 Portland cement plant reduce its annual pound3 age of direct and fugitive mercury emitted

4 below its mercury emission baseline, as deter5 mined by the Administrator, by not less than

6 95 percent.

7 ‘‘(B) CONTROL METHODS.—For the pur8 pose of achieving compliance with the emission

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

10 the Administrator shall authorize methods of

11 control of mercury emissions, including meas12 ures that—

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

14 emissions of, mercury through a process

15 change, substitution of material, or other

16 method;

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

18 storage to eliminate mercury emissions;

19 ‘‘(iii) collect, capture, or treat mer20 cury emissions when released from a proc21 ess, stack, storage, or fugitive emission

22 point;

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

24 manufacturing process, work practice, or

25 operational standards (including require-
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1 ments for operator training or certifi2 cation) in accordance with subsection (h);

3 or

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

5 measures described in clauses (i) through

6 (iv).

7 ‘‘(3) PERMIT REQUIREMENTS AND CONDI8 TIONS.—

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

10 accordance with paragraph (1)(B) shall in11 clude—

12 ‘‘(i) enforceable mercury emission

13 standards;

14 ‘‘(ii) a schedule of compliance;

15 ‘‘(iii) a requirement that the permittee

16 submit to the permitting authority, not less

17 often than every 90 days, the results of

18 any required monitoring; and

19 ‘‘(iv) such other conditions as the Ad20 ministrator determines are necessary to en21 sure compliance with this subsection and

22 each applicable implementation plan under

23 section 110.

24 ‘‘(B) MONITORING AND ANALYSIS.—
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1 ‘‘(i) PROCEDURES AND METHODS.—

2 The regulations promulgated by the Ad3 ministrator under paragraph (1)(A) shall

4 prescribe procedures and methods for—

5 ‘‘(I) monitoring and analysis for

6 mercury; and

7 ‘‘(II) determining compliance

8 with this subsection.

9 ‘‘(ii) INFORMATION.—Application of

10 the procedures and methods shall result in

11 reliable and timely information for deter12 mining compliance.

13 ‘‘(iii) EFFECT ON OTHER LAW.—

14 Nothing in this subsection affects any con15 tinuous emission monitoring requirement

16 of title IV or any other provision of this

17 Act.

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

19 CERTIFICATION, AND REPORTING.—

20 ‘‘(i) IN GENERAL.—Each permit

21 issued in accordance with paragraph

22 (1)(B) shall specify inspection, entry, mon23 itoring, compliance certification, and re24 porting requirements to ensure compliance

25 with the permit terms and conditions.
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1 ‘‘(ii) CONFORMITY WITH OTHER REG2 ULATIONS.—The monitoring and reporting

3 requirements shall conform to each appli4 cable regulation under subparagraph (B).

5 ‘‘(iii) SIGNATURE.—Each report re6 quired under clause (i) shall be signed by

7 a responsible official of the Portland ce8 ment plant, who shall certify the accuracy

9 of the report.

10 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

11 THROUGH EMISSION CONTROLS.—

12 ‘‘(A) IN GENERAL.—

13 ‘‘(i) CAPTURED OR RECOVERED MER14 CURY.—The regulations promulgated by

15 the Administrator under paragraph (1)(A)

16 shall ensure that mercury that is captured

17 or recovered through the use of an emis18 sion control or another method is disposed

19 of in a manner that ensures that—

20 ‘‘(I) the hazards from mercury

21 are not transferred from 1 environ22 mental medium to another; and

23 ‘‘(II) there is no release of mer24 cury into the environment (as the

25 terms ‘release’ and ‘environment’ are
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1 defined in section 101 of the Com2 prehensive Environmental Response,

3 Compensation, and Liability Act of

4 1980 (42 U.S.C. 9601)).

5 ‘‘(ii) MERCURY-CONTAINING

6 WASTES.—The regulations promulgated by

7 the Administrator under paragraph (1)(A)

8 shall ensure that mercury-containing

9 wastes are handled and disposed of in ac10 cordance with all applicable Federal and

11 State laws (including regulations).

12 ‘‘(B) RESEARCH PROGRAM.—To promote

13 permanent and cost-effective disposal of mer14 cury from Portland cement plants, the Adminis15 trator shall establish a program of long-term re16 search to develop and disseminate information

17 on methods and techniques such as separating,

18 solidifying, recycling, and encapsulating mer19 cury-bearing waste so that mercury does not

20 volatilize, migrate to ground water or surface

21 water, or contaminate the soil.

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

23 standard or other requirement promulgated under

24 this subsection does not diminish or replace any re25 quirement of a more stringent emission limitation or
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1 other applicable requirement established under this

2 Act or a standard issued under State law.

3 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

4 TO EMISSIONS OF MERCURY.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall annually make available to the public,

7 through 1 or more published reports and 1 or

8 more forms of electronic media, facility-specific

9 mercury emission data for each Portland ce10 ment plant.

11 ‘‘(B) SOURCE OF DATA.—The emission

12 data shall be taken from the monitoring and

13 analysis reports submitted under paragraph

14 (3)(C).’’.

15 SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMIS16 SION STANDARDS FOR MEDICAL WASTE IN17 CINERATORS.

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

19 2000, the Administrator of the Environmental Protection

20 Agency shall submit to Congress a report on the extent

21 to which the annual poundage of mercury and mercury

22 compounds emitted by each medical waste incinerator in

23 the United States has been reduced below the baseline for

24 the medical waste incinerator determined under subsection

25 (b).
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1 (b) BASELINE.—

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

3 measuring emission reductions, the report shall use

4 the mercury and mercury compound emission data

5 that were submitted or developed during the process

6 of permitting of the medical waste incinerator under

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

8 (2) LACK OF ACTUAL DATA.—If the data de9 scribed in paragraph (1) are not available, the Ad10 ministrator shall develop an estimate of baseline

11 mercury emissions based on other sources of data

12 and the best professional judgment of the Adminis13 trator.

14 SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMIS15 SION STANDARDS FOR HAZARDOUS WASTE

16 COMBUSTORS.

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

18 2000, the Administrator of the Environmental Protection

19 Agency shall submit to Congress a report on the extent

20 to which the annual poundage of mercury and mercury

21 compounds emitted by each hazardous waste combustor

22 in the United States has been reduced below the baseline

23 for the hazardous waste combustor determined under sub24 section (b).

25 (b) BASELINE.—
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1 (1) USE OF ACTUAL DATA.—As a baseline for

2 measuring emission reductions, the report shall use

3 the mercury and mercury compound emission data

4 that were submitted or developed during the process

5 of permitting of the hazardous waste combustor

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

7 (2) LACK OF ACTUAL DATA.—If the data de8 scribed in paragraph (1) are not available, the Ad9 ministrator shall develop an estimate of baseline

10 mercury emissions based on other sources of data

11 and the best professional judgment of the Adminis12 trator.

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

14 COMPOUNDS BY DEPARTMENT OF DEFENSE.

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

16 1999, the Secretary of Defense shall submit to Congress

17 a report on the use of mercury and mercury compounds

18 by the Department of Defense.

19 (b) CONTENTS.—In the report, the Secretary of De20 fense shall describe—

21 (1) measures that the Department of Defense is

22 carrying out to reduce the use and emissions of mer23 cury and mercury compounds by the Department;

24 and
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1 (2) measures that the Department of Defense is

2 carrying out to stabilize or recycle discarded mer3 cury or discarded mercury-containing products.

4 SEC. 11. INTERNATIONAL ACTIVITIES.

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

6 31, 1999, the Administrator of the Environmental Protec7 tion Agency, in cooperation with appropriate representa8 tives of Canada and Mexico, shall study and submit to

9 Congress a report on the sources and extent of mercury

10 emissions in North America.

11 (b) REVIEW.—Before submitting the report to Con12 gress, the Administrator shall submit the report for—

13 (1) internal and external scientific peer review;

14 and

15 (2) review by the Science Advisory Board estab16 lished by section 8 of the Environmental Research,

17 Development, and Demonstration Authorization Act

18 of 1978 (42 U.S.C. 4365).

19 (c) REQUIRED ELEMENTS.—The report shall in20 clude—

21 (1) a characterization and identification of the

22 sources of emissions of mercury in North America;

23 (2) a description of the patterns and pathways

24 taken by mercury pollution through the atmosphere

25 and surface water; and
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1 (3) recommendations for pollution control meas2 ures, options, and strategies that, if implemented in3 dividually or jointly by the United States, Canada,

4 and Mexico, will eliminate or greatly reduce

5 transboundary atmospheric and surface water mer6 cury pollution in North America.

7 SEC. 12. MERCURY RESEARCH.

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

9 is amended by adding at the end the following:

10 ‘‘(l) MERCURY RESEARCH.—

11 ‘‘(1) ESTABLISHMENT OF PROGRAMS.—The Ad12 ministrator shall establish—

13 ‘‘(A) a program to characterize and quan14 tify the potential mercury-related health effects

15 on high-risk populations (such as pregnant

16 women and their fetuses, women of childbearing

17 age, children, and individuals who subsist pri18 marily on fish); and

19 ‘‘(B) a mercury public awareness and pre20 vention program targeted at populations most

21 at risk from exposure to mercury.

22 ‘‘(2) STUDY OF IMPLEMENTATION OF MEAS23 URES TO CONTROL MERCURY EMISSIONS.—

24 ‘‘(A) ESTABLISHMENT OF ADVISORY COM25 MITTEE.—Not later than 3 years after the date
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1 of enactment of this subsection, the Secretary

2 of Health and Human Services and the Admin3 istrator shall establish an advisory committee to

4 evaluate and prepare a report on the progress

5 made by the Federal Government, State and

6 local governments, industry, and other regu7 lated entities to implement and comply with the

8 mercury-related amendments to the Clean Air

9 Act (42 U.S.C. 7401 et seq.) made by the Om10 nibus Mercury Emissions Reduction Act of

11 1998.

12 ‘‘(B) MEMBERSHIP.—

13 ‘‘(i) IN GENERAL.—The advisory com14 mittee shall consist of at least 15 mem15 bers, of whom at least 1 member shall rep16 resent each of the following:

17 ‘‘(I) The Department of Health

18 and Human Services.

19 ‘‘(II) The Agency for Toxic Sub20 stances and Disease Registry.

21 ‘‘(III) The Food and Drug Ad22 ministration.

23 ‘‘(IV) The Environmental Protec24 tion Agency.
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1 ‘‘(V) The National Academy of

2 Sciences.

3 ‘‘(VI) Native American popu4 lations.

5 ‘‘(VII) State and local govern6 ments.

7 ‘‘(VIII) Industry.

8 ‘‘(IX) Environmental organiza9 tions.

10 ‘‘(X) Public health organizations.

11 ‘‘(ii) APPOINTMENT.—The Secretary

12 of Health and Human Services and the

13 Administrator shall each appoint not fewer

14 than 7 members of the advisory committee.

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

16 shall—

17 ‘‘(i) evaluate the adequacy and com18 pleteness of data collected and dissemi19 nated by the Environmental Protection

20 Agency and each State that reports on and

21 measures mercury contamination in the en22 vironment;

23 ‘‘(ii) make recommendations to the

24 Secretary of Health and Human Services

25 and the Administrator concerning—
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1 ‘‘(I) changes necessary to im2 prove the quality and ensure consist3 ency from State to State of Federal

4 and State data collection, reporting,

5 and characterization of baseline envi6 ronmental conditions; and

7 ‘‘(II) methods for improving pub8 lic education, particularly among high9 risk populations (such as pregnant

10 women and their fetuses, women of

11 childbearing age, children, and indi12 viduals who subsist primarily on fish),

13 concerning the pathways and effects

14 of mercury contamination and con15 sumption; and

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

17 date of enactment of this subsection, com18 pile and make available to the public,

19 through 1 or more published reports and 1

20 or more forms of electronic media, the

21 findings, recommendations, and supporting

22 data, including State-specific data, of the

23 advisory committee under this subpara24 graph.

25 ‘‘(D) COMPENSATION.—
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1 ‘‘(i) IN GENERAL.—A member of the

2 advisory committee shall receive no com3 pensation by reason of the service of the

4 member on the advisory committee.

5 ‘‘(ii) TRAVEL EXPENSES.—A member

6 of the advisory committee shall be allowed

7 travel expenses, including per diem in lieu

8 of subsistence, at rates authorized for em9 ployees of agencies under subchapter I of

10 chapter 57 of title 5, United States Code,

11 while away from the home or regular place

12 of business of the member in the perform13 ance of services for the advisory commit14 tee.

15 ‘‘(E) DURATION OF ADVISORY COMMIT16 TEE.—The advisory committee—

17 ‘‘(i) shall terminate not earlier than

18 the date on which the Secretary of Health

19 and Human Services and the Adminis20 trator determine that the findings, rec21 ommendations, and supporting data pre22 pared by the advisory committee have been

23 made available to the public; and

24 ‘‘(ii) may, at the discretion of the Sec25 retary of Health and Human Services and
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1 the Administrator, continue in existence

2 after that date to further carry out the du3 ties described in subparagraph (C).

4 ‘‘(F) APPLICABILITY OF FEDERAL ADVI5 SORY COMMITTEE ACT.—The Federal Advisory

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

7 to the advisory committee established under

8 this paragraph.

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

10 and Human Services and the Administrator

11 shall each provide 50 percent of the funding

12 necessary to carry out this paragraph.

13 ‘‘(3) REPORT ON MERCURY SEDIMENTATION

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

15 enactment of this subsection, the Administrator shall

16 submit to Congress a report that characterizes mer17 cury and mercury-compound sedimentation trends in

18 Lake Champlain, Chesapeake Bay, the Great Lakes,

19 the finger lakes region of upstate New York, Tampa

20 Bay, and other water bodies of concern (as deter21 mined by the Administrator).

22 ‘‘(4) EVALUATION OF FISH CONSUMPTION

23 ADVISORIES.—
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1 ‘‘(A) IN GENERAL.—The Administrator

2 shall evaluate the adequacy, consistency, com3 pleteness, and public dissemination of—

4 ‘‘(i) data collected by the Environ5 mental Protection Agency and each State

6 concerning mercury contamination of fish;

7 and

8 ‘‘(ii) advisories to warn the public

9 about the consumption of mercury-con10 taminated fish (referred to in this para11 graph as ‘fish consumption advisories’).

12 ‘‘(B) IMPROVEMENT OF QUALITY AND

13 CONSISTENCY.—In conjunction with each State

14 or unilaterally, the Administrator shall imple15 ment any changes necessary to improve the

16 quality and ensure consistency from State to

17 State of Federal and State data collection, re18 porting, characterization of mercury contamina19 tion, and thresholds concerning mercury con20 tamination in fish above which fish consump21 tion advisories will be issued.

22 ‘‘(C) REPORTING.—Not later than 2 years

23 after the date of enactment of this subsection

24 and every 2 years thereafter, the Administrator

25 shall prepare and make available to the public,
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1 through 1 or more published reports and 1 or

2 more forms of electronic media, information

3 providing detail by State, watershed, water

4 body, and river reach of mercury levels in fish

5 and any fish consumption advisories that have

6 been issued during the preceding 2-year period.

7 ‘‘(D) EFFECT ON STATE AUTHORITY.—

8 Nothing in this paragraph affects any authority

9 of a State to advise residents of the mercury

10 content of commercially sold foods and other

11 products.’’.

Æ