I 

111TH CONGRESS 

2D SESSION H. R. 5674 

To amend the Clean Air Act to require reductions in mercury emissions 

from electric utility steam generating units, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

Mr. COSTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Clean Air Act to require reductions in mercury 

emissions from electric utility steam generating units, 

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 Reduction 

5 and Energy Security Act of 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

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

8 (1) The Environmental Protection Agency 

9 (‘‘EPA’’) was required by the terms of the Clean Air 

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1 ment to determine whether regulation of mercury 

2 from electric utility steam generating units under 

3 section 112 of the Clean Air Act was appropriate 

4 and necessary. 

5 (2) In a December 2000, regulatory finding, the 

6 EPA concluded that regulation of mercury from 

7 electric utility steam generating units was appro8 priate and necessary. 

9 (3) In 2005, the EPA withdrew its 2000 regu10 latory finding in favor of a national cap-and-trade 

11 system for mercury emissions from electric utility 

12 steam generating units, the Clean Air Mercury Rule 

13 (‘‘CAMR’’). 

14 (4) CAMR was subsequently challenged in peti15 tions for review filed by 17 States. 

16 (5) The United States Court of Appeals for the 

17 District of Columbia Circuit vacated the rule on 

18 February 8, 2008, finding that once the EPA had 

19 listed electric utility steam generating units as a 

20 source of hazardous air pollutants, it was required 

21 by law to proceed with Maximum Achievable Control 

22 Technology (‘‘MACT’’) regulations under section 

23 112 of the Clean Air Act unless it delisted the 

24 source category, under procedures set forth in sec25 tion 112(c)(9). 


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1 (6) Mercury control technologies for coal-fired 

2 electric utility steam generating units have advanced 

3 rapidly in the last few years. 

4 (b) PURPOSE.—The purpose of this Act is to protect 

5 public health and welfare, and the environment, through 

6 mercury emission reductions from electric utility steam 

7 generating units. 

8 SEC. 3. MERCURY EMISSION REDUCTIONS. 

9 The Clean Air Act (42 U.S.C. 7401 et seq.) is amend10 ed by adding at the end the following new title: 

11 ‘‘TITLE VII—MERCURY 

12 REDUCTIONS 

13 ‘‘SEC. 701. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) AFFECTED UNIT.—The term ‘affected 

16 unit’ means a coal-fired electric steam generating 

17 unit (including a cogeneration unit) that— 

18 ‘‘(A) has a nameplate capacity greater 

19 than 25 megawatts; and 

20 ‘‘(B) generates electricity for sale. 

21 ‘‘(2) COGENERATION UNIT.—The term ‘cogen22 eration unit’ means a stationary, coal-fired boiler or 

23 a stationary, coal-fired combustion turbine having 

24 equipment used to produce electricity and useful 

25 thermal energy for industrial, commercial, heating, 


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1 or cooling purposes through the sequential use of en2 ergy that produces during the 12-month period 

3 starting on the date the unit first produces elec4 tricity and during any calendar year after which the 

5 unit first produces electricity— 

6 ‘‘(A) for a topping-cycle cogeneration 

7 unit— 

8 ‘‘(i) useful thermal energy not less 

9 than 5 percent of total energy output; and 

10 ‘‘(ii) useful power that, when added to 

11 one-half of useful thermal energy pro12 duced, is not less than— 

13 ‘‘(I) 42.5 percent of total energy 

14 input if useful thermal energy pro15 duced is 15 percent or more of total 

16 energy output; or 

17 ‘‘(II) 45 percent of total energy 

18 input if useful thermal energy pro19 duced is less than 15 percent of total 

20 energy output; and 

21 ‘‘(B) for a bottoming-cycle cogeneration 

22 unit, useful power not less than 45 percent of 

23 total energy input. 

24 ‘‘(3) INLET MERCURY.—The term ‘inlet mer25 cury’ means the quantity of mercury found— 


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1 ‘‘(A) in the as-fired coal used by an af2 fected unit; or 

3 ‘‘(B) for an affected unit using coal that is 

4 subjected to an advanced coal cleaning tech5 nology, in the as-mined coal used by the af6 fected unit. 

7 ‘‘SEC. 702. MERCURY REDUCTION PROGRAM. 

8 ‘‘(a) ANNUAL LIMITATION FOR AFFECTED UNITS.— 

9 Except as provided in subsection (f), an affected unit in 

10 operation before or after the date of enactment of this title 

11 shall be subject to the following emission limitations on 

12 an annual average calendar year basis with respect to mer13 cury: 

14 ‘‘(1) CALENDAR YEARS 2012 THROUGH 2014.— 

15 For the period beginning on January 1, 2012, and 

16 ending on December 31, 2014, the less stringent 

17 limitation of the following (calculated on a one-year 

18 rolling average): 

19 ‘‘(A) 80 percent capture of inlet mercury. 

20 ‘‘(B) An emission rate of 1.60 pounds of 

21 mercury per trillion British thermal units of 

22 input coal. 

23 ‘‘(2) CALENDAR YEAR 2015 AND THERE24 AFTER.—For calendar year 2015 and each calendar 


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1 year thereafter, the less stringent limitation of the 

2 following (calculated on a one-year rolling average): 

3 ‘‘(A) 90 percent capture of inlet mercury. 

4 ‘‘(B) An emission rate of 0.80 pounds of 

5 mercury per trillion British thermal units of 

6 input coal. 

7 ‘‘(b) AVERAGING ACROSS UNITS WITHIN A FACILITY

8 OR STATE.—(1) An owner or operator of more than one 

9 affected unit at a single facility may demonstrate compli10 ance with the applicable annual average emission limita11 tions under subsection (a) by averaging emissions from all 

12 affected units at that facility, weighted by total input coal 

13 British thermal units. 

14 ‘‘(2) An owner or operator of more than one affected 

15 unit or units within a State may demonstrate compliance 

16 with the applicable annual average emission limitations 

17 under subsection (a) by averaging emissions from all af18 fected units owned or operated by that owner or operator 

19 within such State, weighted by total input coal British 

20 thermal units, if all affected units are owned or operated 

21 by the same entity. 

22 ‘‘(3) If an affected unit is owned or operated by more 

23 than one entity, the State in which the affected unit is 

24 located shall allocate to each such owner or operator an 

25 appropriate portion of the generation from the affected 


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1 unit for purposes of averaging emissions pursuant to para2 graph (1) or (2). 

3 ‘‘(c) REFERENCE METHODS FOR MEASURING MER4 CURY EMISSIONS.—(1) The owner or operator of an af5 fected unit shall use any of the following methods as a 

6 reference method to calibrate the instruments used to 

7 measure the mercury concentration in emissions from af8 fected units: 

9 ‘‘(A) ASTM D6784–02, ‘Standard Test 

10 Method for Elemental, Oxidized, Particle11 Bound and Total Mercury in Flue Gas Gen12 erated from Coal-Fired Stationary Sources’ 

13 (Ontario Hydro Method). 

14 ‘‘(B) 40 C.F.R. Part 60, Appendix A–8, 

15 Method 29, ‘Determination of Metals Emissions 

16 from Stationary Sources’. 

17 ‘‘(C) 40 C.F.R. Part 60, Appendix A–8, 

18 Method 30A, ‘Determination of Total Vapor 

19 Phase Mercury Emissions from Stationary 

20 Sources (Instrumental Analyzer Procedure)’. 

21 ‘‘(D) 40 C.F.R. Part 60, Appendix A–8, 

22 Method 30B, ‘Determination of Total Vapor 

23 Phase Mercury Emissions from Coal-Fired 

24 Combustion Sources Using Carbon Sorbent 

25 Traps’. 


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1 ‘‘(2) The Administrator may revise or supplement the 

2 list of permitted methods set forth in paragraph (1) to 

3 reflect improvements or other developments in the meas4 urement of mercury emissions from coal-fired electric 

5 steam generating units. 

6 ‘‘(d) MONITORING SYSTEM.—(1) The owner or oper7 ator of an affected unit shall install and operate a contin8 uous emissions monitoring system (CEMS) to measure the 

9 quantity of mercury that is emitted from each affected 

10 unit. 

11 ‘‘(2) For purposes of complying with paragraph (1), 

12 the owner or operator of an affected unit may use— 

13 ‘‘(A) any CEMS that meets the requirements in 

14 Performance Specification 12A (PS–12A), ‘Speci15 fications and Test Procedures for Total Vapor-Phase 

16 Mercury Continuous Monitoring Systems in Sta17 tionary Sources’; 

18 ‘‘(B) a mercury concentration CEMS that 

19 meets the requirements of 40 C.F.R. Part 75; or 

20 ‘‘(C) a sorbent trap monitoring system that 

21 meets the requirements of 40 C.F.R. 75.15 and 40 

22 C.F.R. Part 75, Appendix K, ‘Quality Assurance 

23 and Operating Procedures for Sorbent Trap Moni24 toring Systems’; 


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1 ‘‘(3) The Administrator may revise or supple2 ment the list of permitted monitoring systems set 

3 forth in paragraph (2) to reflect improvements or 

4 other developments in mercury emissions reduction 

5 technologies and mercury emissions monitoring sys6 tems. 

7 ‘‘(e) EXCESS EMISSIONS.—(1) Except as provided in 

8 subsection (f), the owner or operator of an affected unit 

9 that emits mercury in excess of the applicable annual aver10 age emission limitation under subsection (a) shall pay an 

11 excess emissions penalty determined under paragraph (2). 

12 ‘‘(2) The excess emissions penalty for mercury shall 

13 be an amount equal to $50,000 for each pound of mercury 

14 emitted in excess of the applicable annual average emis15 sion limitation under subsection (a). Such penalty shall 

16 be prorated for each fraction of a pound. 

17 ‘‘(f) BEST PRACTICES.—(1) Effective, January 1, 

18 2015, if the owner or operator of any affected unit fails 

19 to achieve the annual average emission limitation under 

20 subsection (a)(2), such owner or operator may notify the 

21 Administrator of such failure prior to March 1, 2015, and 

22 request an alternate emissions limitation for mercury with 

23 respect to such affected unit. Such owner or operator shall 

24 submit to the Administrator mercury emissions data 

25 measured by a CEMS that complies with subsection (d) 


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1 for evaluation. If the Administrator determines that such 

2 owner or operator has properly installed and operated 

3 such CEMS and control technology designed to achieve 

4 such annual average emission limitation and is unable to 

5 meet such limitation, the Administrator may, not later 

6 than April 1, 2016, establish an alternate emissions limi7 tation for mercury with respect to such affected unit based 

8 on the optimal performance of properly installed and oper9 ated control technology. 

10 ‘‘(2) With respect to any affected unit, for any year 

11 for which an alternate emissions limitation for mercury 

12 is in place for such affected unit, the Administrator may 

13 review such alternate emissions limitation and impose a 

14 more stringent emissions limitation for mercury for the 

15 subsequent year based on new data regarding the dem16 onstrated control capabilities of the type of control tech17 nology installed and operated at such affected unit. 

18 ‘‘(3)(A) Except as provided in subparagraph (B), an 

19 owner or operator of an affected unit failing to achieve 

20 the annual average emission limitation under subsection 

21 (a)(2) that notifies the Administrator of such failure and 

22 requests and alternate emissions limitation for mercury 

23 pursuant to paragraph (1) shall be considered in compli24 ance with this section (and not subject to any excess emis25 sions penalty) for the period beginning on January 1, 


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1 2015, and ending on the date such an alternate emissions 

2 limitation is implemented. 

3 ‘‘(B) An owner or operator described in subparagraph 

4 (A) shall pay an excess emissions penalty, as determined 

5 under subsection (e)(2), for the period described in such 

6 subparagraph, if such owner or operator operates or main7 tains the affected unit, including any associated air pollu8 tion control equipment, in a manner that is inconsistent 

9 with good air pollution control practices for the minimiza10 tion of mercury emissions, as determined by the Adminis11 trator. In determining whether the owner or operator of 

12 the affected unit operates and maintains the affected unit 

13 in a manner that is consistent with good air pollution con14 trol practices for the minimization of mercury emissions, 

15 the Administrator may review the emissions monitoring 

16 data and operating and maintenance procedures of the af17 fected unit and may inspect the affected unit. 

18 ‘‘(4)(A) With respect to any affected unit for which 

19 an alternate emissions limitation for mercury is in place 

20 under this subsection, the owner or operator of such af21 fected unit that emits mercury in excess of such alternate 

22 emissions limitation shall pay an excess emissions penalty 

23 determined under subparagraph (B). 

24 ‘‘(B) The excess emissions penalty for mercury for 

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1 paragraph (A) shall be an amount equal to $50,000 for 

2 each pound of mercury emitted in excess of the alternate 

3 emissions limitation for mercury in place for such affected 

4 unit. Such penalty shall be prorated for each fraction of 

5 a pound. 

6 ‘‘(g) SOLE LIMITATION ON MERCURY.—This title 

7 shall apply the sole emission standard or limitation under 

8 this Act with regard to the emission of mercury from elec9 tric utility steam generating units and shall supersede any 

10 other such requirement under section 112 or any other 

11 provision of this Act. 

12 ‘‘(h) RELATIONSHIP TO OTHER LAW.—Except as 

13 otherwise specifically provided in this title, nothing in this 

14 title precludes a State or political subdivision of a State 

15 from adopting or enforcing any additional requirements 

16 for the control or abatement of mercury emissions, except 

17 that no State or political subdivision thereof shall adopt 

18 or attempt to enforce any standard relating to the reduc19 tion or control of mercury emissions from electric utility 

20 steam generating units that is less stringent than the 

21 standards provided in this title.’’. 

Æ 


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