```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1915 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus Mercury 
Emissions Reduction Act of 1998''.
    (b) Table of Contents.--The table of contents of 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.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) on the basis of available scientific and medical 
        evidence, exposure to mercury and mercury compounds 
        (collectively referred to in this Act as ``mercury'') is of 
        concern to human health and the environment;
            (2) pregnant women and their fetuses, women of childbearing 
        age, children, and individuals who subsist primarily on fish, 
        are most at risk for mercury-related health impacts such as 
        neurotoxicity;
            (3) although exposure to mercury occurs most frequently 
        through consumption of mercury-contaminated fish, such exposure 
        can also occur through--
                    (A) ingestion of drinking water, and food sources 
                other than fish, that are contaminated with methyl 
                mercury;
                    (B) dermal uptake through soil and water; and
                    (C) inhalation of contaminated air;
            (4) on the basis of the report entitled ``Mercury Study 
        Report to Congress'' and submitted by the Environmental 
        Protection Agency under section 112(n)(1)(B) of the Clean Air 
        Act (42 U.S.C. 7412(n)(1)(B)), the major sources of mercury 
        emissions in the United States are, in descending order of 
        volume of emissions--
                    (A) fossil fuel-fired electric utility steam 
                generating units;
                    (B) solid waste incineration units;
                    (C) coal- and oil-fired commercial and industrial 
                boiler units;
                    (D) medical waste incinerators;
                    (E) hazardous waste combustors;
                    (F) chlor-alkali plants; and
                    (G) Portland cement plants;
            (5)(A) the Environmental Protection Agency report described 
        in paragraph (4), in conjunction with available scientific 
        knowledge, supports a plausible link between mercury emissions 
        from anthropogenic combustion and industrial sources and 
        mercury concentrations in air, soil, water, and sediments;
            (B) the Environmental Protection Agency has concluded that 
        the geographical areas that have the highest annual rate of 
        deposition of mercury in all forms are--
                    (i) the southern Great Lakes and Ohio River Valley;
                    (ii) the Northeast and southern New England; and
                    (iii) scattered areas in the South, with the most 
                elevated deposition occurring in the Miami and Tampa 
                areas and 2 areas in northeast Texas; and
            (C) analysis conducted before the date of the Environmental 
        Protection Agency report demonstrates that mercury is being 
        deposited into the waters of Canada;
            (6)(A) the Environmental Protection Agency report described 
        in paragraph (4) supports a plausible link between mercury 
        emissions from anthropogenic combustion and industrial sources 
        and concentrations of methyl mercury in freshwater fish;
            (B) in 1997, 39 States issued health advisories that warned 
        the public about consuming mercury-tainted fish, as compared to 
        27 States that issued such advisories in 1993;
            (C) the total number of mercury advisories increased from 
        899 in 1993 to 1,675 in 1996, an increase of 86 percent; and
            (D) the United States and Canada have agreed on a goal of 
        virtual elimination of mercury from the transboundary waters of 
        the 2 countries;
            (7) the presence of mercury in consumer products is of 
        concern in light of the health consequences associated with 
        exposure to mercury;
            (8) the presence of mercury in certain batteries and 
        fluorescent light bulbs is of special concern, particularly in 
        light of the substantial quantities of used batteries and 
        fluorescent light bulbs that are discarded annually in the 
        solid waste stream and the potential for environmental and 
        health consequences associated with land disposal, composting, 
        or incineration of the batteries and light bulbs; and
            (9) a comprehensive study of the use of mercury by the 
        Department of Defense would significantly further the goal of 
        reducing mercury pollution.
    (b) Purposes.--The purposes of this Act are--
            (1) to greatly reduce the quantity of mercury entering the 
        environment by controlling air emissions of mercury from fossil 
        fuel-fired electric utility steam generating units, coal- and 
        oil-fired commercial and industrial boiler units, solid waste 
        incineration units, medical waste incinerators, hazardous waste 
        combustors, chlor-alkali plants, and Portland cement plants;
            (2) to reduce the quantity of mercury entering solid waste 
        landfills, incinerators, and composting facilities by promoting 
        recycling or proper disposal of used batteries, fluorescent 
        light bulbs, and other products containing mercury;
            (3) to increase the understanding of the volume and sources 
        of mercury emissions throughout North America;
            (4) to promote efficient and cost-effective methods of 
        controlling mercury emissions;
            (5) to promote permanent, safe, and stable disposal of 
        mercury recovered through coal cleaning, flue gas control 
        systems, and other methods of mercury pollution control;
            (6) to reduce the use of mercury in cases in which 
        technologically and economically feasible alternatives are 
        available;
            (7) to educate the public concerning the collection, 
        recycling, and proper disposal of mercury-containing products;
            (8) to increase public knowledge of the sources of mercury 
        exposure and the threat to public health, particularly the 
        threat to the health of pregnant women and their fetuses, women 
        of childbearing age, children, and individuals who subsist 
        primarily on fish;
            (9) to significantly decrease the threat to human health 
        and the environment posed by mercury; and
            (10) to ensure that the health of sensitive populations, 
        whether in the United States, Canada, or Mexico, is protected, 
        with an adequate margin of safety, against adverse health 
        effects caused by mercury.

SEC. 3. MERCURY EMISSION STANDARDS FOR FOSSIL FUEL-FIRED ELECTRIC 
              UTILITY STEAM GENERATING UNITS.

    Section 112 of the Clean Air Act (42 U.S.C. 7412) is amended--
            (1) by redesignating subsection (s) as subsection (w); and
            (2) by inserting after subsection (r) the following:
    ``(s) Mercury Emission Standards for Electric Utility Steam 
Generating Units.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the emission of mercury and mercury 
                compounds (collectively referred to in this subsection 
                as `mercury') applicable to existing and new electric 
                utility steam generating units.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                electric utility steam generating unit shall have an 
                enforceable permit issued under title V that complies 
                with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each electric utility steam generating unit 
                shall achieve compliance with the mercury emission 
                standards established under subparagraph (A) in 
                accordance with the procedures and schedules 
                established under subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--Subject 
                to subparagraph (C), the emission standards established 
under paragraph (1)(A) shall require that each electric utility steam 
generating unit reduce its annual poundage of mercury emitted, as 
calculated under subparagraph (B), below its mercury emission baseline, 
as calculated under paragraph (3)(D), by not less than 95 percent.
                    ``(B) Calculation of annual poundage of mercury 
                emitted.--
                            ``(i) In general.--For each electric 
                        utility steam generating unit (referred to in 
                        this subparagraph as a `unit') and each 
                        calendar year, the Administrator shall 
                        calculate the poundage of mercury emitted per 
                        unit for the calendar year, which shall be 
                        equal to the product obtained by multiplying--
                                    ``(I) the fuel consumption 
                                determined under clause (ii) for the 
                                unit for the calendar year; by
                                    ``(II) the average mercury content 
                                determined under clause (iii) for the 
                                unit for the calendar year.
                            ``(ii) Fuel consumption.--The fuel 
                        consumption for a unit shall be equal to the 
                        annual average quantity of millions of British 
                        thermal units (referred to in this subparagraph 
                        as `mmBtu's') consumed by the unit during the 
                        calendar year, as submitted to the Secretary of 
                        Energy on Department of Energy Form 767.
                            ``(iii) Average mercury content.--
                                    ``(I) Specific data.--The average 
                                mercury content per mmBtu of fuel 
                                consumed by a unit shall be determined 
                                using the best available data from the 
                                Department of the Interior and the 
                                Department of Energy that characterize 
                                the average mercury content of the fuel 
                                consumed by the unit during the 
                                calendar year.
                                    ``(II) Estimated data.--If specific 
                                mercury content data from the 
                                Department of the Interior and the 
                                Department of Energy are not available, 
                                the average mercury content shall be 
                                estimated using the average mercury 
                                content of fossil fuel from mines or 
                                wells in the geographic region of each 
                                mine or well that supplies the unit.
                    ``(C) Emission trading within a generating 
                station.--
                            ``(i) In general.--For the purpose of this 
                        subsection, taking into consideration the cost 
                        of achieving the emission reduction, the 
                        Administrator may allow emission trading among 
                        the electric utility steam generating units 
                        contained in a power generating station at a 
                        single site if the aggregate annual reduction 
                        from all such units at the power generating 
                        station is not less than 95 percent.
                            ``(ii) Underlying data.--In carrying out 
                        clause (i), the Administrator shall use mercury 
                        emission data calculated under paragraph 
                        (3)(D).
                    ``(D) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material or fuel, or other 
                        method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, work 
                        practice, or operational standards (including 
                        requirements for operator training or 
                        certification) in accordance with subsection 
                        (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Other requirements.--
                                    ``(I) In general.--The requirements 
                                for monitoring and analysis under this 
                                subparagraph shall include--
                                            ``(aa) such requirements 
                                        that result in a representative 
                                        determination of mercury in ash 
                                        and sludge; and
                                            ``(bb) such combination of 
                                        requirements for continuous or 
                                        other reliable and 
                                        representative emission 
                                        monitoring methods that results 
                                        in a representative 
                                        determination of mercury in 
                                        fuel as received by each 
                                        electric utility steam 
                                        generating unit;
                                as are requisite to provide accurate 
                                and reliable data for determining 
                                baseline and controlled emissions of 
                                mercury from each electric utility 
                                steam generating unit.
                                    ``(II) Minimum requirement.--If, 
                                under subclause (I)(bb), the 
                                Administrator does not require an 
                                electric utility steam generating unit 
                                to use direct emission monitoring 
                                methods, the requirements under 
                                subclause (I)(bb) shall, at a minimum, 
                                result in representative determinations 
                                of mercury in fuel as received by the 
                                electric utility steam generating unit 
                                at such frequencies as are sufficient 
                                to determine whether compliance with 
                                this subsection is continuous.
                            ``(iv) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) and subparagraph (B)(iii) 
                        shall be signed by a responsible official of 
                        the electric utility steam generating unit, who 
                        shall certify the accuracy of the report.
                    ``(D) Mercury emission baseline.--
                            ``(i) In general.--For each electric 
                        utility steam generating unit (referred to in 
                        this subparagraph as a `unit'), the 
                        Administrator shall calculate the baseline 
                        annual average poundage of mercury emitted per 
                        unit, which shall be equal to the product 
                        obtained by multiplying--
                                    ``(I) the baseline fuel consumption 
                                determined under clause (ii) for the 
                                unit; by
                                    ``(II) the baseline average mercury 
                                content determined under clause (iii) 
                                for the unit.
                            ``(ii) Baseline fuel consumption.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1995.--For each unit 
                                that began commercial operation before 
                                January 1, 1995, the baseline fuel 
                                consumption shall be equal to the 
                                annual average quantity of millions of 
                                British thermal units (referred to in 
                                this subparagraph as `mmBtu's') 
                                consumed by the unit during the period 
                                of calendar years 1995, 1996, and 1997, 
                                as submitted annually to the Secretary 
                                of Energy on Department of Energy Form 
                                767 (referred to in this clause as 
                                `Form 767').
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1995, and 
                                180 days after enactment.--Subject to 
                                subclause (III), for each unit that 
                                begins commercial operation between 
                                January 1, 1995, and the date that is 
                                180 days after the date of enactment of 
                                this subparagraph, the baseline fuel 
                                consumption shall be based on the 
                                annual average of the fuel use data 
                                submitted on Form 767 for each full 
                                year of commercial operation that 
                                begins on or after January 1, 1995.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--For each unit 
                                that has not been in commercial 
                                operation for at least 1 year as of the 
                                date that is 180 days after the date of 
                                enactment of this subparagraph, the 
                                Administrator may determine an interim 
                                baseline fuel consumption by--
                                            ``(aa) extrapolating from 
                                        monthly fuel use data available 
                                        for the unit; or
                                            ``(bb) assigning a baseline 
                                        fuel consumption based on the 
                                        annual average of the fuel use 
                                        data submitted on Form 767 for 
                                        other units that are of similar 
                                        design and capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--For each unit that begins 
                                commercial operation more than 180 days 
                                after the date of enactment of this 
                                subparagraph, the application for a 
                                permit issued in accordance with 
                                paragraph (1)(B) for the unit shall 
                                include an initial baseline fuel 
                                consumption that is based on the 
                                maximum design capacity for the unit.
                                    ``(V) Recalculation after extended 
                                period of commercial operation.--At 
                                such time as a unit described in any of 
                                subclauses (II) through (IV) has 
                                submitted fuel use data for 3 
                                consecutive years of commercial 
                                operation on Form 767, the 
                                Administrator shall recalculate the 
                                baseline fuel consumption and make 
                                modifications, as necessary, to the 
                                mercury emission limitations contained 
                                in the permit for the unit issued in 
                                accordance with paragraph (1)(B).
                            ``(iii) Baseline average mercury content.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1995.--In the case of 
                                a unit described in clause (ii)(I), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                that characterize the average mercury 
                                content of the fuel consumed by the 
                                unit during the 3-year period described 
                                in clause (ii)(I).
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1995, and 
                                180 days after enactment.--In the case 
                                of a unit described in clause (ii)(II), 
                                the baseline average mercury content 
                                per mmBtu of fuel consumed by a unit 
                                shall be determined using the best 
                                available data from the Department of 
                                the Interior and the Department of 
                                Energy that characterize the average 
mercury content of the fuel consumed by the unit during each full year 
of commercial operation that begins on or after January 1, 1995.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--In the case of a 
                                unit described in clause (ii)(III), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                that characterize the average mercury 
                                content of the fuel consumed by the 
                                unit--
                                            ``(aa) during the months 
                                        used for the extrapolation 
                                        under clause (ii)(III); or
                                            ``(bb) based on the average 
                                        mercury content of fuel 
                                        consumed by other units that 
                                        are of similar design and 
                                        capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--In the case of a unit 
                                described in clause (ii)(IV), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy, 
                                or data submitted by the unit under 
                                subparagraph (B)(iii), that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit based on the maximum design 
                                capacity for the unit.
                                    ``(V) Estimated data.--If mercury 
                                content data described in clauses (I) 
                                through (IV) are not available, the 
                                baseline average mercury content shall 
                                be estimated using the average mercury 
                                content of fossil fuel from mines or 
                                wells in the geographic region of each 
                                mine or well that supplies the unit.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control, coal cleaning, 
                        or another method is disposed of in a manner 
                        that ensures that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing sludges and 
                        wastes.--The regulations promulgated by the 
                        Administrator under paragraph (1)(A) shall 
                        ensure that mercury-containing sludges and 
                        wastes are handled and disposed of in 
                        accordance with all applicable Federal and 
                        State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from electric 
                utility steam generating units, the Administrator shall 
                establish a program of long-term research to develop 
                and disseminate information on methods and techniques 
                such as separating, solidifying, recycling, and 
                encapsulating mercury-bearing waste so that mercury 
                does not volatilize, migrate to ground water or surface 
                water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
published reports and 1 or more forms of electronic media, facility-
specific mercury emission data for each electric utility steam 
generating unit.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED COMMERCIAL 
              AND INDUSTRIAL BOILER UNITS.

    Section 112 of the Clean Air Act (as amended by section 3) is 
amended by inserting after subsection (s) the following:
    ``(t) Mercury Emission Standards for Coal- and Oil-Fired Commercial 
and Industrial Boiler Units.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the emission of mercury and mercury 
                compounds (collectively referred to in this subsection 
                as `mercury') applicable to existing and new coal- and 
                oil-fired commercial and industrial boiler units that 
                have a maximum design heat input capacity of 10 mmBtu 
                per hour or greater.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                coal- or oil-fired commercial or industrial boiler unit 
                shall have an enforceable permit issued under title V 
                that complies with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each coal- or oil-fired commercial or 
                industrial boiler unit shall achieve compliance with 
                the mercury emission standards established under 
                subparagraph (A) in accordance with the procedures and 
                schedules established under subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--Subject 
                to subparagraph (C), the emission standards established 
                under paragraph (1)(A) shall require that each coal- or 
                oil-fired commercial or industrial boiler unit reduce 
                its annual poundage of mercury emitted, as calculated 
                under subparagraph (B), below its mercury emission 
                baseline, as calculated under paragraph (3)(D), by not 
                less than 95 percent.
                    ``(B) Calculation of annual poundage of mercury 
                emitted.--
                            ``(i) In general.--For each coal- or oil-
                        fired commercial or industrial boiler unit 
                        (referred to in this subparagraph as a `unit') 
                        and each calendar year, the Administrator shall 
                        calculate the poundage of mercury emitted per 
                        unit for the calendar year, which shall be 
                        equal to the product obtained by multiplying--
                                    ``(I) the fuel consumption 
                                determined under clause (ii) for the 
                                unit for the calendar year; by
                                    ``(II) the average mercury content 
                                determined under clause (iii) for the 
                                unit for the calendar year.
                            ``(ii) Fuel consumption.--The fuel 
                        consumption for a unit shall be equal to the 
                        annual average quantity of millions of British 
                        thermal units (referred to in this subparagraph 
                        as `mmBtu's') consumed by the unit during the 
                        calendar year, as submitted to the Secretary of 
                        Energy on Department of Energy Forms EIA-3 and 
                        EIA-846 (A,B,C).
                            ``(iii) Average mercury content.--
                                    ``(I) Specific data.--The average 
                                mercury content per mmBtu of fuel 
                                consumed by a unit shall be determined 
                                using the best available data from the 
                                Department of the Interior and the 
                                Department of Energy (as submitted to 
                                the Secretary of Energy on Department 
                                of Energy Form EIA-3A) that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit during the calendar year.
                                    ``(II) Estimated data.--If specific 
                                mercury content data from the 
                                Department of the Interior and the 
                                Department of Energy are not available, 
                                the average mercury content shall be 
                                estimated using the average mercury 
                                content of coal mined or oil produced 
                                in the geographic region of each mine 
                                or well that supplies the unit.
                    ``(C) Emission trading within a facility.--
                            ``(i) In general.--For the purpose of this 
                        subsection, taking into consideration the cost 
                        of achieving the emission reduction, the 
                        Administrator may allow emission trading among 
                        the coal- and oil-fired commercial and 
                        industrial boiler units contained in a facility 
                        at a single site if the aggregate annual 
                        reduction from all such units at the facility 
                        is not less than 95 percent.
                            ``(ii) Underlying data.--In carrying out 
                        clause (i), the Administrator shall use mercury 
                        emission data calculated under paragraph 
                        (3)(D).
                    ``(D) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material or fuel, or other 
                        method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, work 
                        practice, or operational standards (including 
                        requirements for operator training or 
                        certification) in accordance with subsection 
                        (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Other requirements.--
                                    ``(I) In general.--The requirements 
                                for monitoring and analysis under this 
                                subparagraph shall include--
                                            ``(aa) such requirements 
                                        that result in a representative 
                                        determination of mercury in ash 
                                        and sludge; and
                                            ``(bb) such combination of 
                                        requirements for continuous or 
                                        other reliable and 
                                        representative emission 
                                        monitoring methods that results 
                                        in a representative 
                                        determination of mercury in 
                                        fuel as received by each coal- 
                                        or oil-fired commercial or 
                                        industrial boiler unit;
                                as are requisite to provide accurate 
                                and reliable data for determining 
                                baseline and controlled emissions of 
                                mercury from each coal- or oil-fired 
                                commercial or industrial boiler unit.
                                    ``(II) Minimum requirement.--If, 
                                under subclause (I)(bb), the 
                                Administrator does not require a coal- 
                                or oil-fired commercial or industrial 
                                boiler unit to use direct emission 
                                monitoring methods, the requirements 
                                under subclause (I)(bb) shall, at a 
                                minimum, result in representative 
                                determinations of mercury in fuel as 
                                received by the boiler unit at such 
                                frequencies as are sufficient to 
                                determine whether compliance with this 
                                subsection is continuous.
                            ``(iv) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) and subparagraph (B)(iii) 
                        shall be signed by a responsible official of 
                        the coal- or oil-fired commercial or industrial 
                        boiler unit, who shall certify the accuracy of 
                        the report.
                    ``(D) Mercury emission baseline.--
                            ``(i) In general.--For each coal- or oil-
                        fired commercial or industrial boiler unit 
                        (referred to in this subparagraph as a `unit'), 
                        the Administrator shall calculate the baseline 
                        annual average poundage of mercury emitted per 
                        unit, which shall be equal to the product 
                        obtained by multiplying--
                                    ``(I) the baseline fuel consumption 
                                determined under clause (ii) for the 
                                unit; by
                                    ``(II) the baseline average mercury 
                                content determined under clause (iii) 
                                for the unit.
                            ``(ii) Baseline fuel consumption.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1995.--For each unit 
                                that began commercial operation before 
                                January 1, 1995, the baseline fuel 
                                consumption shall be equal to the 
                                annual average quantity of millions of 
                                British thermal units (referred to in 
                                this subparagraph as `mmBtu's') 
                                consumed by the unit during the period 
                                of calendar years 1995, 1996, and 1997, 
                                as submitted annually to the Secretary 
                                of Energy on Department of Energy Forms 
                                EIA-3 and EIA-846 (A,B,C) (referred to 
                                in this clause as the `Forms').
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1995, and 
                                180 days after enactment.--Subject to 
                                subclause (III), for each unit that 
                                begins commercial operation between 
                                January 1, 1995, and the date that is 
                                180 days after the date of enactment of 
                                this subparagraph, the baseline fuel 
                                consumption shall be based on the 
                                annual average of the fuel use data 
                                submitted on the Forms for each full 
                                year of commercial operation that 
                                begins on or after January 1, 1995.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--For each unit 
                                that has not been in commercial 
                                operation for at least 1 year as of the 
                                date that is 180 days after the date of 
                                enactment of this subparagraph, the 
                                Administrator may determine an interim 
                                baseline fuel consumption by--
                                            ``(aa) extrapolating from 
                                        monthly fuel use data available 
                                        for the unit; or
                                            ``(bb) assigning a baseline 
                                        fuel consumption based on the 
                                        annual average of the fuel use 
                                        data submitted on the Forms for 
                                        other units that are of similar 
                                        design and capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--For each unit that begins 
                                commercial operation more than 180 days 
                                after the date of enactment of this 
                                subparagraph, the application for a 
                                permit issued in accordance with 
                                paragraph (1)(B) for the unit shall 
                                include an initial baseline fuel 
                                consumption that is based on the 
                                maximum design capacity for the unit.
                                    ``(V) Recalculation after extended 
                                period of commercial operation.--At 
                                such time as a unit described in any of 
                                subclauses (II) through (IV) has 
                                submitted fuel use data for 3 
                                consecutive years of commercial 
                                operation on the Forms, the 
                                Administrator shall recalculate the 
                                baseline fuel consumption and make 
                                modifications, as necessary, to the 
                                mercury emission limitations contained 
                                in the permit for the unit issued in 
                                accordance with paragraph (1)(B).
                            ``(iii) Baseline average mercury content.--
                                    ``(I) Units in commercial operation 
                                before january 1, 1995.--In the case of 
                                a unit described in clause (ii)(I), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit during the 3-year period 
                                described in clause (ii)(I).
                                    ``(II) Units beginning commercial 
                                operation between january 1, 1995, and 
                                180 days after enactment.--In the case 
                                of a unit described in clause (ii)(II), 
                                the baseline average mercury content 
                                per mmBtu of fuel consumed by a unit 
                                shall be determined using the best 
                                available data from the Department of 
                                the Interior and the Department of 
                                Energy (as submitted to the Secretary 
                                of Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit during each full year of 
                                commercial operation that begins on or 
                                after January 1, 1995.
                                    ``(III) Units in commercial 
                                operation less than 1 year as of 180 
                                days after enactment.--In the case of a 
                                unit described in clause (ii)(III), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A) that characterize the average 
                                mercury content of the fuel consumed by 
                                the unit--
                                            ``(aa) during the months 
                                        used for the extrapolation 
                                        under clause (ii)(III); or
                                            ``(bb) based on the average 
                                        mercury content of fuel 
                                        consumed by other units that 
                                        are of similar design and 
                                        capacity.
                                    ``(IV) Units beginning commercial 
                                operation more than 180 days after 
                                enactment.--In the case of a unit 
                                described in clause (ii)(IV), the 
                                baseline average mercury content per 
                                mmBtu of fuel consumed by a unit shall 
                                be determined using the best available 
                                data from the Department of the 
                                Interior and the Department of Energy 
                                (as submitted to the Secretary of 
                                Energy on Department of Energy Form 
                                EIA-3A), or data submitted by the unit 
                                under subparagraph (B)(iii), that 
                                characterize the average mercury 
                                content of the fuel consumed by the 
                                unit based on the maximum design 
                                capacity for the unit.
                                    ``(V) Estimated data.--If mercury 
                                content data described in clauses (I) 
                                through (IV) are not available, the 
                                baseline average mercury content shall 
                                be estimated using the average mercury 
                                content of coal mined or oil produced 
                                in the geographic region of each mine 
                                or well that supplies the unit.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control, coal cleaning, 
                        or another method is disposed of in a manner 
                        that ensures that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing sludges and 
                        wastes.--The regulations promulgated by the 
                        Administrator under paragraph (1)(A) shall 
                        ensure that mercury-containing sludges and 
                        wastes are handled and disposed of in 
                        accordance with all applicable Federal and 
                        State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from coal- and oil-
                fired commercial and industrial boiler units, the 
                Administrator shall establish a program of long-term 
                research to develop and disseminate information on 
                methods and techniques such as separating, solidifying, 
                recycling, and encapsulating mercury-bearing waste so 
                that mercury does not volatilize, migrate to ground 
                water or surface water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                coal- or oil-fired commercial or industrial boiler 
                unit.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 5. MERCURY EMISSION STANDARDS FOR SOLID WASTE INCINERATION UNITS.

    Section 129(e) of the Clean Air Act (42 U.S.C. 7429(e)) is 
amended--
            (1) by striking ``Beginning (1) 36'' and inserting the 
        following:
            ``(1) In general.--Beginning (A) 36'';
            (2) in the first sentence, by redesignating paragraph (2) 
        as subparagraph (B); and
            (3) by adding at the end the following:
            ``(2) Separation of mercury-containing items.--
                    ``(A) Publication of list.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall publish a 
                        list of mercury-containing items that shall be 
                        separated and removed from the waste streams 
                        that feed solid waste incineration units.
                            ``(ii) Required items.--The list shall 
                        include mercury-containing items such as 
                        fluorescent light bulbs, batteries, 
                        pharmaceuticals, laboratory chemicals and 
                        reagents, electrical devices such as 
                        thermostats, relays, and switches, and medical 
                        and scientific instruments.
                            ``(iii) Labeling requirement.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), to 
                                facilitate the process of separating 
                                and removing items listed under clause 
                                (i), each manufacturer of a listed item 
                                shall ensure that each item is clearly 
                                labeled to indicate that the product 
                                contains mercury.
                                    ``(II) Button cell batteries.--In 
                                the case of button cell batteries for 
                                which, due to size constraints, 
                                labeling described in subclause (I) is 
                                not practicable, the packaging shall 
                                indicate that the product contains 
                                mercury.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--Not later 
                        than 180 days after the date of enactment of 
                        this subparagraph, the Administrator shall 
                        promulgate regulations prescribing procedures 
                        and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury emissions from solid waste 
                                combustion flue gases; and
                                    ``(II) determining compliance with 
                                this paragraph.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                    ``(C) Plan.--
                            ``(i) Requirement.--Not later than 1 year 
                        after the date of enactment of this 
                        subparagraph, each solid waste incineration 
                        unit that operates pursuant to a permit 
                        described in paragraph (1) shall submit for 
                        review and approval by the Administrator (or, 
                        in the case of a solid waste incineration unit 
                        located in a State acting under a permit 
                        program approved under title V, the State) a 
                        plan for--
                                    ``(I) separating and removing 
                                mercury-containing items listed by the 
                                Administrator under subparagraph (A) 
                                from the waste streams that feed the 
                                solid waste incineration unit;
                                    ``(II) subject to subtitle C of the 
                                Solid Waste Disposal Act (42 U.S.C. 
                                6921 et seq.), transferring the 
                                separated waste to a recycling facility 
                                or a treatment, storage, or disposal 
                                facility permitted under that subtitle;
                                    ``(III) monitoring and reporting on 
                                compliance with the plan; and
                                    ``(IV) achieving full compliance 
                                with the plan not later than 18 months 
                                after the date of approval of the plan 
                                in accordance with clause (ii).
                            ``(ii) Plan approval.--
                                    ``(I) Deadline.--The Administrator 
                                (or the State) shall determine whether 
                                to approve or disapprove a plan 
                                submitted under clause (i) not later 
                                than 180 days after receipt of the 
                                plan.
                                    ``(II) Preference.--In determining 
                                whether to approve a plan, the 
                                Administrator (or the State) shall give 
                                preference to recycling or 
                                stabilization of mercury-containing 
                                items over disposal of the items.
                            ``(iii) Amended plan.--
                                    ``(I) Submission.--If the 
                                Administrator (or the State) 
                                disapproves a plan submitted under 
                                clause (i), the solid waste 
                                incineration unit may submit an amended 
                                plan within 90 days after the date of 
                                disapproval.
                                    ``(II) Approval.--The Administrator 
                                (or the State) shall approve or 
                                disapprove the amended plan within 30 
                                days after receipt of the plan.
                            ``(iv) Plan by administrator (or state).--
                                    ``(I) In general.--If an amended 
                                plan is not submitted to the 
                                Administrator (or the State) within 90 
                                days after the date of disapproval, or 
                                if an amended plan has been submitted 
                                and subsequently disapproved, the 
                                Administrator (or the State) shall 
                                issue a determination that it is 
                                necessary for the Administrator (or the 
                                State) to assume the duties of the 
                                solid waste incineration unit 
                                concerning the plan.
                                    ``(II) Plan.--Not later than 180 
                                days after issuing the determination, 
                                the Administrator (or the State) shall 
                                develop, publish in the Federal 
                                Register, implement, and enforce a plan 
                                for the solid waste incineration unit 
                                that meets the criteria specified in 
                                clause (i) and ensures that full 
                                compliance with the plan is achieved 
                                not later than 18 months after the date 
                                of publication of the plan.
                            ``(v) Enforceability.--Upon approval by the 
                        Administrator (or the State) of a plan 
                        submitted under clause (i), or upon publication 
                        of a plan developed by the Administrator (or 
                        the State) under clause (iv), the plan shall be 
                        considered to be an enforceable modification to 
                        any existing or new permit described in 
                        paragraph (1) for the solid waste incineration 
                        unit.
                    ``(D) Permit requirements.--
                            ``(i) In general.--Each permit described in 
                        paragraph (1) shall specify inspection, entry, 
                        monitoring, compliance certification, and 
                        reporting requirements to ensure compliance 
                        with the permit terms and conditions, including 
                        a requirement that the permittee submit to the 
                        permitting authority, not less often than every 
                        90 days, the results of any required 
                        monitoring.
                            ``(ii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the solid waste 
                        incineration unit or by a municipal official, 
                        who shall certify the accuracy of the report.
                    ``(E) Other requirements.--An emission standard or 
                other requirement promulgated under this subsection 
                does not diminish or replace any requirement of a more 
                stringent emission limitation or other applicable 
                requirement established under this Act or a standard 
                issued under State law.
                    ``(F) Public reporting of data pertaining to 
                emissions of mercury.--
                            ``(i) In general.--The Administrator shall 
                        annually make available to the public, through 
                        1 or more published reports and 1 or more forms 
                        of electronic media, facility-specific mercury 
                        emission data for each solid waste incineration 
                        unit.
                            ``(ii) Source of data.--The emission data 
                        shall be taken from the monitoring and analysis 
                        reports submitted under subparagraph (D).''.

SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-ALKALI PLANTS.

    Section 112 of the Clean Air Act (as amended by section 4) is 
amended by inserting after subsection (t) the following:
    ``(u) Mercury Emission Standards for Chlor-Alkali Plants.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations to establish 
                standards for the direct and fugitive emission of 
                mercury and mercury compounds (collectively referred to 
                in this subsection as `mercury') applicable to existing 
                and new chlor-alkali plants that use the mercury cell 
                production process (referred to in this subsection as 
                `mercury cell chlor-alkali plants').
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                mercury cell chlor-alkali plant shall have an 
                enforceable permit issued under title V that complies 
                with this subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each mercury cell chlor-alkali plant shall 
                achieve compliance with the mercury emission standards 
                established under subparagraph (A) in accordance with 
                the procedures and schedules established under 
                subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--The 
                emission standards established under paragraph (1)(A) 
                shall require that each mercury cell chlor-alkali plant 
                reduce its annual poundage of direct and fugitive 
                mercury emitted below its mercury emission baseline, as 
                determined by the Administrator, by not less than 95 
                percent.
                    ``(B) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material, or other method;
                            ``(ii) enclose systems or processes to 
                        eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point, or through 
                        evaporation of a spill;
                            ``(iv) consist of design, equipment, 
                        manufacturing process, work practice, or 
                        operational standards (including requirements 
                        for operator training or certification or spill 
                        prevention) in accordance with subsection (h); 
                        or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the mercury cell chlor-
                        alkali plant, who shall certify the accuracy of 
                        the report.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control or another 
                        method is disposed of in a manner that ensures 
                        that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing wastes.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury-containing wastes are handled and 
                        disposed of in accordance with all applicable 
                        Federal and State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from mercury cell 
                chlor-alkali plants, the Administrator shall establish 
                a program of long-term research to develop and 
                disseminate information on methods and techniques such 
                as separating, solidifying, recycling, and 
                encapsulating mercury-bearing waste so that mercury 
                does not volatilize, migrate to ground water or surface 
                water, or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                mercury cell chlor-alkali plant.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND CEMENT PLANTS.

    Section 112 of the Clean Air Act (as amended by section 6) is 
amended by inserting after subsection (u) the following:
    ``(v) Mercury Emission Standards for Portland Cement Plants.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations--
                            ``(i) to establish standards for the 
                        control of direct dust emission of mercury and 
                        mercury compounds (collectively referred to in 
                        this subsection as `mercury') from crushers, 
                        mills, dryers, kilns (excluding emission from 
                        such burning of hazardous waste-containing fuel 
                        in a cement kiln as is regulated under section 
                        3004(q) of the Solid Waste Disposal Act (42 
                        U.S.C. 6924(q)), and clinker coolers at 
                        existing and new Portland cement plants; and
                            ``(ii) to establish standards for the 
                        control of fugitive dust emission of mercury 
                        from storage, transport, charging, and 
                        discharging operations at existing and new 
                        Portland cement plants.
                    ``(B) Permit requirement.--Not later than 2 years 
                after the date of enactment of this subparagraph, each 
                Portland cement plant shall have an enforceable permit 
                issued under title V that complies with this 
                subsection.
                    ``(C) Procedures and schedules for compliance with 
                standards.--Each Portland cement plant shall achieve 
                compliance with the mercury emission standards 
                established under subparagraph (A) in accordance with 
                the procedures and schedules established under 
                subsection (i).
            ``(2) Standards and methods.--
                    ``(A) Minimum required emission reduction.--The 
                emission standards established under paragraph (1)(A) 
                shall require that each Portland cement plant reduce 
                its annual poundage of direct and fugitive mercury 
                emitted below its mercury emission baseline, as 
                determined by the Administrator, by not less than 95 
                percent.
                    ``(B) Control methods.--For the purpose of 
                achieving compliance with the emission standards 
                established under paragraph (1)(A), the Administrator 
                shall authorize methods of control of mercury 
                emissions, including measures that--
                            ``(i) reduce the volume of, or eliminate 
                        emissions of, mercury through a process change, 
                        substitution of material, or other method;
                            ``(ii) enclose systems, processes, or 
                        storage to eliminate mercury emissions;
                            ``(iii) collect, capture, or treat mercury 
                        emissions when released from a process, stack, 
                        storage, or fugitive emission point;
                            ``(iv) consist of design, equipment, 
                        manufacturing process, work practice, or 
                        operational standards (including requirements 
                        for operator training or certification) in 
                        accordance with subsection (h); or
                            ``(v) consist of a combination of the 
                        measures described in clauses (i) through (iv).
            ``(3) Permit requirements and conditions.--
                    ``(A) In general.--Each permit issued in accordance 
                with paragraph (1)(B) shall include--
                            ``(i) enforceable mercury emission 
                        standards;
                            ``(ii) a schedule of compliance;
                            ``(iii) a requirement that the permittee 
                        submit to the permitting authority, not less 
                        often than every 90 days, the results of any 
                        required monitoring; and
                            ``(iv) such other conditions as the 
                        Administrator determines are necessary to 
                        ensure compliance with this subsection and each 
                        applicable implementation plan under section 
                        110.
                    ``(B) Monitoring and analysis.--
                            ``(i) Procedures and methods.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall prescribe 
                        procedures and methods for--
                                    ``(I) monitoring and analysis for 
                                mercury; and
                                    ``(II) determining compliance with 
                                this subsection.
                            ``(ii) Information.--Application of the 
                        procedures and methods shall result in reliable 
                        and timely information for determining 
                        compliance.
                            ``(iii) Effect on other law.--Nothing in 
                        this subsection affects any continuous emission 
                        monitoring requirement of title IV or any other 
                        provision of this Act.
                    ``(C) Inspection, entry, monitoring, certification, 
                and reporting.--
                            ``(i) In general.--Each permit issued in 
                        accordance with paragraph (1)(B) shall specify 
                        inspection, entry, monitoring, compliance 
                        certification, and reporting requirements to 
                        ensure compliance with the permit terms and 
                        conditions.
                            ``(ii) Conformity with other regulations.--
                        The monitoring and reporting requirements shall 
                        conform to each applicable regulation under 
                        subparagraph (B).
                            ``(iii) Signature.--Each report required 
                        under clause (i) shall be signed by a 
                        responsible official of the Portland cement 
                        plant, who shall certify the accuracy of the 
                        report.
            ``(4) Disposal of mercury captured through emission 
        controls.--
                    ``(A) In general.--
                            ``(i) Captured or recovered mercury.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury that is captured or recovered through 
                        the use of an emission control or another 
                        method is disposed of in a manner that ensures 
                        that--
                                    ``(I) the hazards from mercury are 
                                not transferred from 1 environmental 
                                medium to another; and
                                    ``(II) there is no release of 
                                mercury into the environment (as the 
                                terms `release' and `environment' are 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601)).
                            ``(ii) Mercury-containing wastes.--The 
                        regulations promulgated by the Administrator 
                        under paragraph (1)(A) shall ensure that 
                        mercury-containing wastes are handled and 
                        disposed of in accordance with all applicable 
                        Federal and State laws (including regulations).
                    ``(B) Research program.--To promote permanent and 
                cost-effective disposal of mercury from Portland cement 
                plants, the Administrator shall establish a program of 
                long-term research to develop and disseminate 
                information on methods and techniques such as 
                separating, solidifying, recycling, and encapsulating 
                mercury-bearing waste so that mercury does not 
                volatilize, migrate to ground water or surface water, 
                or contaminate the soil.
            ``(5) Other requirements.--An emission standard or other 
        requirement promulgated under this subsection does not diminish 
        or replace any requirement of a more stringent emission 
        limitation or other applicable requirement established under 
        this Act or a standard issued under State law.
            ``(6) Public reporting of data pertaining to emissions of 
        mercury.--
                    ``(A) In general.--The Administrator shall annually 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, facility-specific mercury emission data for each 
                Portland cement plant.
                    ``(B) Source of data.--The emission data shall be 
                taken from the monitoring and analysis reports 
                submitted under paragraph (3)(C).''.

SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR 
              MEDICAL WASTE INCINERATORS.

    (a) In General.--Not later than December 31, 2000, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report on the extent to which the annual poundage of mercury 
and mercury compounds emitted by each medical waste incinerator in the 
United States has been reduced below the baseline for the medical waste 
incinerator determined under subsection (b).
    (b) Baseline.--
            (1) Use of actual data.--As a baseline for measuring 
        emission reductions, the report shall use the mercury and 
        mercury compound emission data that were submitted or developed 
        during the process of permitting of the medical waste 
        incinerator under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (2) Lack of actual data.--If the data described in 
        paragraph (1) are not available, the Administrator shall 
        develop an estimate of baseline mercury emissions based on 
        other sources of data and the best professional judgment of the 
        Administrator.

SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR 
              HAZARDOUS WASTE COMBUSTORS.

    (a) In General.--Not later than December 31, 2000, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report on the extent to which the annual poundage of mercury 
and mercury compounds emitted by each hazardous waste combustor in the 
United States has been reduced below the baseline for the hazardous 
waste combustor determined under subsection (b).
    (b) Baseline.--
            (1) Use of actual data.--As a baseline for measuring 
        emission reductions, the report shall use the mercury and 
        mercury compound emission data that were submitted or developed 
        during the process of permitting of the hazardous waste 
        combustor under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (2) Lack of actual data.--If the data described in 
        paragraph (1) are not available, the Administrator shall 
        develop an estimate of baseline mercury emissions based on 
        other sources of data and the best professional judgment of the 
        Administrator.

SEC. 10. REPORT ON USE OF MERCURY AND MERCURY COMPOUNDS BY DEPARTMENT 
              OF DEFENSE.

    (a) In General.--Not later than December 31, 1999, the Secretary of 
Defense shall submit to Congress a report on the use of mercury and 
mercury compounds by the Department of Defense.
    (b) Contents.--In the report, the Secretary of Defense shall 
describe--
            (1) measures that the Department of Defense is carrying out 
        to reduce the use and emissions of mercury and mercury 
        compounds by the Department; and
            (2) measures that the Department of Defense is carrying out 
        to stabilize or recycle discarded mercury or discarded mercury-
        containing products.

SEC. 11. INTERNATIONAL ACTIVITIES.

    (a) Study and Report.--Not later than December 31, 1999, the 
Administrator of the Environmental Protection Agency, in cooperation 
with appropriate representatives of Canada and Mexico, shall study and 
submit to Congress a report on the sources and extent of mercury 
emissions in North America.
    (b) Review.--Before submitting the report to Congress, the 
Administrator shall submit the report for--
            (1) internal and external scientific peer review; and
            (2) review by the Science Advisory Board established by 
        section 8 of the Environmental Research, Development, and 
        Demonstration Authorization Act of 1978 (42 U.S.C. 4365).
    (c) Required Elements.--The report shall include--
            (1) a characterization and identification of the sources of 
        emissions of mercury in North America;
            (2) a description of the patterns and pathways taken by 
        mercury pollution through the atmosphere and surface water; and
            (3) recommendations for pollution control measures, 
        options, and strategies that, if implemented individually or 
        jointly by the United States, Canada, and Mexico, will 
        eliminate or greatly reduce transboundary atmospheric and 
        surface water mercury pollution in North America.

SEC. 12. MERCURY RESEARCH.

    Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended by 
adding at the end the following:
    ``(l) Mercury Research.--
            ``(1) Establishment of programs.--The Administrator shall 
        establish--
                    ``(A) a program to characterize and quantify the 
                potential mercury-related health effects on high-risk 
                populations (such as pregnant women and their fetuses, 
                women of childbearing age, children, and individuals 
                who subsist primarily on fish); and
                    ``(B) a mercury public awareness and prevention 
                program targeted at populations most at risk from 
                exposure to mercury.
            ``(2) Study of implementation of measures to control 
        mercury emissions.--
                    ``(A) Establishment of advisory committee.--Not 
                later than 3 years after the date of enactment of this 
                subsection, the Secretary of Health and Human Services 
                and the Administrator shall establish an advisory 
                committee to evaluate and prepare a report on the 
                progress made by the Federal Government, State and 
                local governments, industry, and other regulated 
                entities to implement and comply with the mercury-
                related amendments to the Clean Air Act (42 U.S.C. 7401 
                et seq.) made by the Omnibus Mercury Emissions 
                Reduction Act of 1998.
                    ``(B) Membership.--
                            ``(i) In general.--The advisory committee 
                        shall consist of at least 15 members, of whom 
                        at least 1 member shall represent each of the 
                        following:
                                    ``(I) The Department of Health and 
                                Human Services.
                                    ``(II) The Agency for Toxic 
                                Substances and Disease Registry.
                                    ``(III) The Food and Drug 
                                Administration.
                                    ``(IV) The Environmental Protection 
                                Agency.
                                    ``(V) The National Academy of 
                                Sciences.
                                    ``(VI) Native American populations.
                                    ``(VII) State and local 
                                governments.
                                    ``(VIII) Industry.
                                    ``(IX) Environmental organizations.
                                    ``(X) Public health organizations.
                            ``(ii) Appointment.--The Secretary of 
                        Health and Human Services and the Administrator 
                        shall each appoint not fewer than 7 members of 
                        the advisory committee.
                    ``(C) Duties.--The advisory committee shall--
                            ``(i) evaluate the adequacy and 
                        completeness of data collected and disseminated 
                        by the Environmental Protection Agency and each 
                        State that reports on and measures mercury 
                        contamination in the environment;
                            ``(ii) make recommendations to the 
                        Secretary of Health and Human Services and the 
                        Administrator concerning--
                                    ``(I) changes necessary to improve 
                                the quality and ensure consistency from 
                                State to State of Federal and State 
                                data collection, reporting, and 
                                characterization of baseline 
                                environmental conditions; and
                                    ``(II) methods for improving public 
                                education, particularly among high-risk 
                                populations (such as pregnant women and 
                                their fetuses, women of childbearing 
age, children, and individuals who subsist primarily on fish), 
concerning the pathways and effects of mercury contamination and 
consumption; and
                            ``(iii) not later than 4 years after the 
                        date of enactment of this subsection, compile 
                        and make available to the public, through 1 or 
                        more published reports and 1 or more forms of 
                        electronic media, the findings, 
                        recommendations, and supporting data, including 
                        State-specific data, of the advisory committee 
                        under this subparagraph.
                    ``(D) Compensation.--
                            ``(i) In general.--A member of the advisory 
                        committee shall receive no compensation by 
                        reason of the service of the member on the 
                        advisory committee.
                            ``(ii) Travel expenses.--A member of the 
                        advisory committee shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, at rates authorized for employees 
                        of agencies under subchapter I of chapter 57 of 
                        title 5, United States Code, while away from 
                        the home or regular place of business of the 
                        member in the performance of services for the 
                        advisory committee.
                    ``(E) Duration of advisory committee.--The advisory 
                committee--
                            ``(i) shall terminate not earlier than the 
                        date on which the Secretary of Health and Human 
                        Services and the Administrator determine that 
                        the findings, recommendations, and supporting 
                        data prepared by the advisory committee have 
                        been made available to the public; and
                            ``(ii) may, at the discretion of the 
                        Secretary of Health and Human Services and the 
                        Administrator, continue in existence after that 
                        date to further carry out the duties described 
                        in subparagraph (C).
                    ``(F) Applicability of federal advisory committee 
                act.--The Federal Advisory Committee Act (5 U.S.C. 
                App.) shall not apply to the advisory committee 
                established under this paragraph.
                    ``(G) Funding.--The Secretary of Health and Human 
                Services and the Administrator shall each provide 50 
                percent of the funding necessary to carry out this 
                paragraph.
            ``(3) Report on mercury sedimentation trends.--Not later 
        than 1 year after the date of enactment of this subsection, the 
        Administrator shall submit to Congress a report that 
        characterizes mercury and mercury-compound sedimentation trends 
        in Lake Champlain, Chesapeake Bay, the Great Lakes, the finger 
        lakes region of upstate New York, Tampa Bay, and other water 
        bodies of concern (as determined by the Administrator).
            ``(4) Evaluation of fish consumption advisories.--
                    ``(A) In general.--The Administrator shall evaluate 
                the adequacy, consistency, completeness, and public 
                dissemination of--
                            ``(i) data collected by the Environmental 
                        Protection Agency and each State concerning 
                        mercury contamination of fish; and
                            ``(ii) advisories to warn the public about 
                        the consumption of mercury-contaminated fish 
                        (referred to in this paragraph as `fish 
                        consumption advisories').
                    ``(B) Improvement of quality and consistency.--In 
                conjunction with each State or unilaterally, the 
                Administrator shall implement any changes necessary to 
                improve the quality and ensure consistency from State 
                to State of Federal and State data collection, 
                reporting, characterization of mercury contamination, 
                and thresholds concerning mercury contamination in fish 
                above which fish consumption advisories will be issued.
                    ``(C) Reporting.--Not later than 2 years after the 
                date of enactment of this subsection and every 2 years 
                thereafter, the Administrator shall prepare and make 
                available to the public, through 1 or more published 
                reports and 1 or more forms of electronic media, 
                information providing detail by State, watershed, water 
                body, and river reach of mercury levels in fish and any 
                fish consumption advisories that have been issued 
                during the preceding 2-year period.
                    ``(D) Effect on state authority.--Nothing in this 
                paragraph affects any authority of a State to advise 
                residents of the mercury content of commercially sold 
                foods and other products.''.
                                 <all>
```