I 

111TH CONGRESS 

1ST SESSION H. R. 821 

To amend the Clean Air Act to require that mercury emissions from electric 

utility steam generating units be subject to the MACT standard for 

hazardous air pollutants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Ms. EDDIE BERNICE JOHNSON of Texas (for herself and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to require that mercury emissions from electric utility steam generating units be subject to the MACT standard for hazardous air pollutants, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mercury Emissions 

5 Reduction Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Mercury is a potent neurotoxin that can 

2 cause adverse health effects at very low concentra3 tions. 

4 (2) Coal-fired electric powerplants, or electric 

5 generating units, are the leading source of United 

6 States air emissions of mercury. When released into 

7 the atmosphere, mercury a potent neurotoxin that 

8 can have adverse health effects at low concentra9 tions. 

10 (3) Concerns about public exposure to mercury 

11 have grown in recent years as research has indicated 

12 its presence at significant levels in numerous species 

13 of fish, and as analyses of dietary intake and result14 ing blood levels have pointed to potential health risks 

15 from mercury ingestion, particularly for women of 

16 child-bearing age and developing fetuses. 

17 (4) According to the Environmental Protection 

18 Agency’s (EPA) National Listing of Fish Advisories, 

19 there are approximately 3,852 advisories in 48 of 

20 the 50 States, the District of Columbia, 2 of the 4 

21 territories, and 5 Indian tribes. Forty-four States 

22 have issued fish consumption advisories due to mer23 cury. 

24 (5) With the exception of electric utilities, sec25 tion 112 of the Clean Air Act regulates all major 


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1 sources of mercury emissions through Maximum 

2 Achievable Control Technology (MACT). 

3 (6) The EPA was required by the terms of the 

4 Clean Air Act Amendments of 1990 and a 1998 con5 sent agreement to determine whether regulation of 

6 mercury from powerplants under section 112 of the 

7 Clean Air Act was appropriate and necessary. 

8 (7) In a December 2000 regulatory finding, the 

9 EPA concluded that regulation of mercury from 

10 powerplants was appropriate and necessary. The 

11 finding triggered other provisions of the consent 

12 agreement: That the agency propose Maximum 

13 Achievable Control Technology (MACT) standards 

14 for electric powerplants by December 15, 2003, and 

15 finalize them by March 15, 2005. 

16 (8) In 2005, the EPA discarded its 2000 regu17 latory finding for a national cap-and-trade system 

18 for mercury emissions from powerplants, the Clean 

19 Air Mercury Rule (CAMR). 

20 (9) The CAMR rule was immediately challenged 

21 in petitions for review filed by New Jersey and 16 

22 other States as well as other petitioners. The DC 

23 Circuit, in a 3–0 decision handed down February 8, 

24 2008, vacated the rule. The court found that once 

25 the EPA had listed electric generating units as a 


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1 source of hazardous air pollutants, it had to proceed 

2 with MACT regulations under section 112 of the Act 

3 unless it delisted the source category, under proce4 dures the Act sets forth in section 112(c)(9). 

5 (b) PURPOSE.—The purpose of this Act is to require 

6 the Administrator of the Environmental Protection Agen7 cy to promulgate a rule for mercury emissions from elec8 tric utility steam generating units be subject to MACT 

9 standards under section 112 of the Clean Air Act for haz10 ardous air pollutants. 

11 SEC. 3. MERCURY FROM ELECTRIC UTILITY STEAM GENER12 ATING UNITS. 

13 Section 112(c)(6) of the Clean Air Act (42 U.S.C. 

14 7412(c)(6)) is amended by inserting ‘‘(A)’’ after ‘‘(6)’’, 

15 by striking the last sentence, and by adding the following 

16 new subparagraph at the end thereof: 

17 ‘‘(B) The Administrator shall promulgate 

18 standards under this section for mercury emissions 

19 from electric utility steam generating units to take 

20 effect one year after the enactment of this subpara21 graph.’’. 

Æ 


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