II 

109TH CONGRESS 

1ST SESSION S. 730 

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 6, 2005 

Mr. LEAHY (for himself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Clean Air Act to establish requirements concerning the operation of fossil fuel-fired electric utility 

steam generating units, commercial and industrial boiler 

units, solid waste incineration units, medical waste incinerators, hazardous waste combustors, chlor-alkali plants, 

and Portland cement plants to reduce emissions of mercury to the environment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 730 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mercury Emission Act 

3 of 2005’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) on the basis of available scientific and med7 ical evidence, exposure to mercury and mercury com8 pounds (collectively referred to in this Act as ‘‘mer9 cury’’) is of concern to human health and the envi10 ronment; 

11 (2) according to the report entitled ‘‘Toxi12 cological Effects of Methylmercury’’ and submitted 

13 to Congress by the National Academy of Sciences in 

14 2000, and other scientific and medical evidence, 

15 pregnant women and their fetuses, women of child16 bearing age, children, and individuals who subsist 

17 primarily on fish are most at risk for mercury-re18 lated health impacts such as neurotoxicity; 

19 (3) although exposure to mercury occurs most 

20 frequently through consumption of mercury-contami21 nated fish, exposure can also occur through— 

22 (A) ingestion of drinking water, and food 

23 sources other than fish, that are contaminated 

24 with methyl mercury; 

25 (B) dermal uptake through soil and water; 

26 and 
3 

•S 730 IS

1 (C) inhalation of contaminated air; 

2 (4) on the basis of the report entitled ‘‘Mercury 

3 Study Report to Congress’’ and submitted by the 

4 Environmental Protection Agency under section 

5 112(n)(1)(B) of the Clean Air Act (42 U.S.C. 

6 7412(n)(1)(B)), the major sources of mercury emis7 sions in the United States are, in descending order 

8 of volume of emissions— 

9 (A) fossil fuel-fired electric utility steam 

10 generating units; 

11 (B) solid waste incineration units; 

12 (C) coal- and oil-fired commercial and in13 dustrial boiler units; 

14 (D) medical waste incinerators; 

15 (E) hazardous waste combustors; 

16 (F) chlor-alkali plants; and 

17 (G) Portland cement plants; 

18 (5)(A) the Environmental Protection Agency re19 port described in paragraph (4), in conjunction with 

20 available scientific knowledge, supports a plausible 

21 link between mercury emissions from anthropogenic 

22 combustion and industrial sources and mercury con23 centrations in air, soil, water, and sediments; 

24 (B) the Environmental Protection Agency has 

25 concluded that the geographical areas that have the 
4 

•S 730 IS

1 highest annual rate of deposition of mercury in all 

2 forms are— 

3 (i) the southern Great Lakes and Ohio 

4 River Valley; 

5 (ii) the Northeast and southern New Eng6 land; and 

7 (iii) scattered areas in the South, with the 

8 most elevated deposition occurring in the Miami 

9 and Tampa areas and 2 areas in northeast 

10 Texas; and 

11 (C) analysis conducted before the date of the 

12 Environmental Protection Agency report dem13 onstrates that mercury is being deposited into the 

14 waters of Canada; 

15 (6)(A) the Environmental Protection Agency re16 port described in paragraph (4) supports a plausible 

17 link between mercury emissions from anthropogenic 

18 combustion and industrial sources and concentra19 tions of methyl mercury in freshwater fish; 

20 (B) in 2003, 45 States issued health advisories 

21 that warned the public about consuming mercury22 tainted fish, as compared to 27 States that issued 

23 such advisories in 1993; 
5 

•S 730 IS

1 (C) the total number of mercury advisories na2 tionwide increased from 899 in 1993 to 2,362 in 

3 2003, an increase of 162 percent; and 

4 (D) the United States and Canada have agreed 

5 on a goal of virtual elimination of mercury from the 

6 transboundary waters of the 2 countries; 

7 (7) the presence of mercury in consumer prod8 ucts is of concern in light of the health consequences 

9 associated with exposure to mercury; 

10 (8) the presence of mercury in certain batteries 

11 and fluorescent light bulbs is of special concern, par12 ticularly in light of the substantial quantities of used 

13 batteries and fluorescent light bulbs that are dis14 carded annually in the solid waste stream and the 

15 potential for environmental and health consequences 

16 associated with land disposal, composting, or incin17 eration of the batteries and light bulbs; 

18 (9) a comprehensive study of the use of mer19 cury by the Department of Defense would signifi20 cantly further the goal of reducing mercury pollu21 tion; 

22 (10) because excess stockpiled mercury, if sold 

23 domestically or internationally for commercial or in24 dustrial use, has the potential to threaten the envi-
6 

•S 730 IS

1 ronment and public health, there is a need for meth2 ods to retire excess mercury permanently; 

3 (11) accurate, long-term, nationwide monitoring 

4 of atmospheric mercury deposition is essential to— 

5 (A) determining current deposition trends; 

6 (B) evaluating the local and regional trans7 port of mercury emissions; and 

8 (C) assessing the impact of emission reduc9 tions; and 

10 (12)(A) a recent reanalysis of data originally 

11 reported in a January 2003 report by the Centers 

12 for Disease Control and Prevention increased the es13 timate, from nearly 8 percent to nearly 16 percent, 

14 of the fraction of women of childbearing age who 

15 have mercury levels above the safe health threshold 

16 established by the Environmental Protection Agency; 

17 and 

18 (B) the statistic described in subparagraph (A) 

19 means that— 

20 (i) nearly 4,900,000 women of childbearing 

21 age have elevated levels of mercury from eating 

22 contaminated fish; and 

23 (ii) approximately 630,000 newborns per 

24 year are at risk of neurological effects from 
7 

•S 730 IS

1 being exposed to elevated mercury levels before 

2 birth. 

3 (b) PURPOSES.—The purposes of this Act are— 

4 (1) to greatly reduce the quantity of mercury 

5 entering the environment by controlling air emis6 sions of mercury from— 

7 (A) fossil fuel-fired electric utility steam 

8 generating units; 

9 (B) coal- and oil-fired commercial and in10 dustrial boiler units; 

11 (C) solid waste incineration units; 

12 (D) medical waste incinerators; 

13 (E) hazardous waste combustors; 

14 (F) chlor-alkali plants; and 

15 (G) Portland cement plants; 

16 (2) to reduce the quantity of mercury entering 

17 solid waste landfills, incinerators, and composting 

18 facilities by promoting recycling or proper disposal 

19 of— 

20 (A) used batteries; 

21 (B) fluorescent light bulbs; and 

22 (C) other products containing mercury; 

23 (3) to increase the understanding of the volume 

24 and sources of mercury emissions throughout North 

25 America; 
8 

•S 730 IS

1 (4) to promote efficient and cost-effective meth2 ods of controlling mercury emissions; 

3 (5) to promote permanent, safe, and stable dis4 posal of mercury recovered through— 

5 (A) coal cleaning; 

6 (B) flue gas control systems; and 

7 (C) other methods of mercury pollution 

8 control; 

9 (6) to reduce the use of mercury in cases in 

10 which technologically and economically feasible alter11 natives are available; 

12 (7) to educate the public concerning the collec13 tion, recycling, and proper disposal of mercury-con14 taining products; 

15 (8) to increase public knowledge of the sources 

16 of mercury exposure and the threats to public health 

17 associated with mercury exposure, particularly the 

18 threat to the health of pregnant women and their 

19 fetuses, women of childbearing age, children, and in20 dividuals who subsist primarily on fish; 

21 (9) to significantly decrease the threat to 

22 human health and the environment posed by mer23 cury; and 

24 (10) to ensure that the health of sensitive popu25 lations, whether in the United States, Canada, or 
9 

•S 730 IS

1 Mexico, is protected, with an adequate margin of 

2 safety, against adverse health effects caused by mer3 cury. 

4 SEC. 3. MERCURY EMISSION LIMITATIONS. 

5 (a) IN GENERAL.— 

6 (1) REGULATIONS.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of this Act, the Ad9 ministrator of the Environmental Protection 

10 Agency shall promulgate regulations to estab11 lish emission limitations for mercury emissions 

12 by coal-fired electricity generating facilities. 

13 (B) NO EXCEEDANCE OF NATIONAL LIMI14 TATION.—The regulations shall ensure that the 

15 national limitation for mercury emissions from 

16 each coal-fired electricity generating facility es17 tablished under subsection (c) is not exceeded. 

18 (C) EMISSION LIMITATIONS FOR 2009 AND

19 THEREAFTER.—In carrying out subparagraph 

20 (A), for 2009 and each year thereafter, the Ad21 ministrator shall not— 

22 (i) subject to subsections (e) and (f) 

23 of section 112 of the Clean Air Act (42 

24 U.S.C. 7412), establish limitations on 

25 emissions of mercury from coal-fired elec-
10 

•S 730 IS

1 tricity generating facilities that allow emis2 sions in excess of 2.48 grams of mercury 

3 per 1000 megawatt hours; or 

4 (ii) differentiate between facilities that 

5 burn different types of coal. 

6 (2) ANNUAL REVIEW AND DETERMINATION.— 

7 (A) IN GENERAL.—Not later than April 1 

8 of each year, the Administrator shall— 

9 (i) review the total mercury emissions 

10 during the 2 previous years from electricity 

11 generating facilities located in all States; 

12 and 

13 (ii) determine whether, during the 2 

14 previous years, the total mercury emissions 

15 from facilities described in clause (i) ex16 ceeded the national limitation for mercury 

17 emissions established under subsection 

18 (c)(1)(D). 

19 (B) EXCEEDANCE OF NATIONAL LIMITA20 TION.—If the Administrator determines under 

21 subparagraph (A)(ii) that, during the 2 pre22 vious years, the total mercury emissions from 

23 facilities described in subparagraph (A)(i) ex24 ceeded the national limitation for mercury emis25 sions established under subsection (c)(1)(D), 
11 

•S 730 IS

1 the Administrator shall, not later than 1 year 

2 after the date of the determination, revise the 

3 regulations promulgated under paragraph (1) to 

4 reduce the emission rates specified in the regu5 lations as necessary to ensure that the national 

6 limitation for mercury emissions is not exceeded 

7 in any future year. 

8 (3) COMPLIANCE FLEXIBILITY.— 

9 (A) IN GENERAL.—Each coal-fired elec10 tricity generating facility subject to an emission 

11 limitation under this section shall be in compli12 ance with that limitation if that limitation is 

13 greater than or equal to the quotient obtained 

14 by dividing— 

15 (i) the total mercury emissions of the 

16 coal-fired electricity generating facility dur17 ing each 30-day period; by 

18 (ii) the quantity of electricity gen19 erated by the coal-fired electricity gener20 ating facility during that period. 

21 (B) MORE THAN 1 UNIT AT A FACILITY.— 

22 In any case in which more than 1 coal-fired 

23 electricity generating unit at a coal-fired elec24 tricity generating facility subject to an emission 

25 limitation under this section was operated in 
12 

•S 730 IS

1 1999 under common ownership or control, com2 pliance with the emission limitation may be de3 termined by averaging the emission rates of all 

4 coal-fired electricity generating units at the 

5 electricity generating facility during each 30- 

6 day period. 

7 (b) PREVENTION OF RE-RELEASE.— 

8 (1) REGULATIONS.—Not later than July 1, 

9 2006, the Administrator shall promulgate regula10 tions to ensure that any mercury captured or recov11 ered by emission controls installed at an electricity 

12 generating facility is not re-released into the envi13 ronment. 

14 (2) REQUIRED ELEMENTS.—The regulations 

15 shall require— 

16 (A) daily covers on all active waste disposal 

17 units, and permanent covers on all inactive 

18 waste disposal units, to prevent the release of 

19 mercury into the air; 

20 (B) monitoring of groundwater to ensure 

21 that mercury or mercury compounds do not mi22 grate from the waste disposal unit; 

23 (C) waste disposal siting requirements and 

24 cleanup requirements to protect groundwater 

25 and surface water resources; 
13 

•S 730 IS

1 (D) elimination of agricultural application 

2 of coal combustion wastes; and 

3 (E) appropriate limitations on mercury 

4 emissions from sources or processes that re5 process or use coal combustion waste, including 

6 manufacturers of wallboard and cement. 

7 (c) EMISSION LIMITATIONS.— 

8 (1) IN GENERAL.—Subject to paragraphs (2) 

9 and (3), the Administrator shall promulgate regula10 tions to ensure that, during 2010 and each year 

11 thereafter, the total annual emissions of covered pol12 lutants from all electricity generating facilities lo13 cated in all States does not exceed— 

14 (A) in the case of sulfur dioxide— 

15 (i) 275,000 tons in the western re16 gion; or 

17 (ii) 1,975,000 tons in the nonwestern 

18 region; 

19 (B) in the case of nitrogen oxides, 

20 1,510,000 tons; 

21 (C) in the case of carbon dioxide, 

22 2,050,000,000 tons; or 

23 (D) in the case of mercury, 5 tons. 

24 (2) EXCESS EMISSIONS BASED ON UNUSED AL25 LOWANCES.—The regulations promulgated under 
14 

•S 730 IS

1 paragraph (1) shall authorize emissions of covered 

2 pollutants in excess of the national emission limita3 tions established under that subsection for a year to 

4 the extent that the number of tons of the excess 

5 emissions is less than or equal to the number of 

6 emission allowances that are— 

7 (A) used in the year; but 

8 (B) allocated for any previous year under 

9 Federal law. 

10 (3) REDUCTIONS.—For 2010 and each year 

11 thereafter, the quantity of emissions specified for 

12 each covered pollutant in paragraph (1) shall be re13 duced by the sum of— 

14 (A) the number of tons of the covered pol15 lutant that were emitted by small electricity 

16 generating facilities in the second preceding 

17 year; and 

18 (B) any number of tons of reductions in 

19 emissions of the covered pollutant required 

20 under Federal law. 

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

22 OIL-FIRED COMMERCIAL AND INDUSTRIAL 

23 BOILER UNITS. 

24 Section 112 of the Clean Air Act is amended by in25 serting after subsection (s) the following: 
15 

•S 730 IS

1 ‘‘(t) MERCURY EMISSION STANDARDS FOR COAL2 AND OIL-FIRED COMMERCIAL AND INDUSTRIAL BOILER

3 UNITS.— 

4 ‘‘(1) IN GENERAL.— 

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

6 days after the date of enactment of this sub7 paragraph, the Administrator shall promulgate 

8 regulations to establish standards for the emis9 sion of mercury and mercury compounds (col10 lectively referred to in this subsection as ‘mer11 cury’) applicable to existing and new coal- and 

12 oil-fired commercial and industrial boiler units 

13 that have a maximum design heat input capac14 ity of 10 mmBtu per hour or greater. 

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

16 than 2 years after the date of enactment of this 

17 subparagraph, each coal- or oil-fired commercial 

18 or industrial boiler unit shall have an enforce19 able permit issued under title V that complies 

20 with this subsection. 

21 ‘‘(C) PROCEDURES AND SCHEDULES FOR

22 COMPLIANCE WITH STANDARDS.—Each coal- or 

23 oil-fired commercial or industrial boiler unit 

24 shall achieve compliance with the mercury emis25 sion standards established under subparagraph 
16 

•S 730 IS

1 (A) in accordance with the procedures and 

2 schedules established under subsection (i). 

3 ‘‘(2) STANDARDS AND METHODS.— 

4 ‘‘(A) EMISSION STANDARD.—Subject to 

5 subparagraphs (B) and (C), the emission stand6 ards established under paragraph (1)(A) shall 

7 require that each coal- or oil-fired commercial 

8 or industrial boiler unit achieve the maximum 

9 degree of reduction in emissions of mercury, as 

10 determined under subsection (d). 

11 ‘‘(B) MINIMUM REQUIRED EMISSION RE12 DUCTION.—The emission standards established 

13 under paragraph (1)(A) shall reduce the total 

14 emissions of mercury from coal- and oil-fired 

15 commercial and industrial boiler units in the 

16 United States by not less than 90 percent from 

17 1999 levels. 

18 ‘‘(C) EMISSION TRADING WITHIN A FACIL19 ITY.— 

20 ‘‘(i) IN GENERAL.—For the purpose 

21 of this subsection, taking into consider22 ation the cost of achieving the emission re23 duction, the Administrator may allow emis24 sion trading among the coal- and oil-fired 

25 commercial and industrial boiler units con-
17 

•S 730 IS

1 tained in a facility at a single site if the 

2 aggregate emissions of mercury from all 

3 such units at the facility are less than or 

4 equal to the aggregate emissions that 

5 would result if all such units complied with 

6 the emission standards established under 

7 paragraph (1)(A). 

8 ‘‘(ii) PROHIBITION ON TRADING

9 AMONG SITES.—The Administrator shall 

10 not allow emission trading among coal11 and oil-fired commercial and industrial 

12 boiler units at different sites. 

13 ‘‘(iii) UNDERLYING DATA.—In car14 rying out clause (i), the Administrator 

15 shall use mercury emission data obtained 

16 under paragraph (3)(B). 

17 ‘‘(D) CONTROL METHODS.—For the pur18 pose of achieving compliance with the emission 

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

20 the Administrator shall authorize methods of 

21 control of mercury emissions, including meas22 ures that— 

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

24 emissions of, mercury through a process 
18 

•S 730 IS

1 change, substitution of material or fuel, or 

2 other method; 

3 ‘‘(ii) enclose systems or processes to 

4 eliminate mercury emissions; 

5 ‘‘(iii) collect, capture, or treat mer6 cury emissions when released from a proc7 ess, stack, storage, or fugitive emission 

8 point; 

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

10 work practice, or operational standards 

11 (including requirements for operator train12 ing or certification) in accordance with 

13 subsection (h); or 

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

15 measures described in clauses (i) through 

16 (iv). 

17 ‘‘(3) PERMIT REQUIREMENTS AND CONDI18 TIONS.— 

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

20 accordance with paragraph (1)(B) shall in21 clude— 

22 ‘‘(i) enforceable mercury emission 

23 standards; 

24 ‘‘(ii) a schedule of compliance; 
19 

•S 730 IS

1 ‘‘(iii) a requirement that the permittee 

2 submit to the permitting authority, not less 

3 often than every 90 days, the results of 

4 any required monitoring; and 

5 ‘‘(iv) such other conditions as the Ad6 ministrator determines are necessary to en7 sure compliance with this subsection and 

8 each applicable implementation plan under 

9 section 110. 

10 ‘‘(B) MONITORING AND ANALYSIS.— 

11 ‘‘(i) PROCEDURES AND METHODS.— 

12 The regulations promulgated by the Ad13 ministrator under paragraph (1)(A) shall 

14 prescribe procedures and methods for— 

15 ‘‘(I) monitoring and analysis for 

16 mercury; and 

17 ‘‘(II) determining compliance 

18 with this subsection. 

19 ‘‘(ii) INFORMATION.—Application of 

20 the procedures and methods shall result in 

21 reliable and timely information for deter22 mining compliance. 

23 ‘‘(iii) OTHER REQUIREMENTS.—The 

24 requirements for monitoring and analysis 

25 under this subparagraph shall include, to 
20 

•S 730 IS

1 the extent necessary to provide accurate 

2 and reliable data for determining emissions 

3 of mercury from each coal- or oil-fired 

4 commercial or industrial boiler unit— 

5 ‘‘(I) requirements that result in a 

6 representative determination of mer7 cury in ash and sludge; and 

8 ‘‘(II) a combination of require9 ments for continuous or other reliable 

10 and representative direct emission 

11 monitoring methods that results in a 

12 representative determination of mer13 cury in fuel as received by each coal14 or oil-fired commercial or industrial 

15 boiler unit. 

16 ‘‘(iv) EFFECT ON OTHER LAW.— 

17 Nothing in this subsection affects any con18 tinuous emission monitoring requirement 

19 of title IV or any other provision of this 

20 Act. 

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

22 CERTIFICATION, AND REPORTING.— 

23 ‘‘(i) IN GENERAL.—Each permit 

24 issued in accordance with paragraph 

25 (1)(B) shall specify inspection, entry, mon-
21 

•S 730 IS

1 itoring, compliance certification, and re2 porting requirements to ensure compliance 

3 with the terms and conditions or the per4 mit. 

5 ‘‘(ii) CONFORMITY WITH OTHER REG6 ULATIONS.—The monitoring and reporting 

7 requirements shall conform to each appli8 cable regulation under subparagraph (B). 

9 ‘‘(iii) SIGNATURE.—A report required 

10 under clause (i) or subparagraph (B)(iii) 

11 shall be signed by a responsible official of 

12 the coal- or oil-fired commercial or indus13 trial boiler unit, who shall certify the accu14 racy of the report. 

15 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

16 THROUGH EMISSION CONTROLS.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) CAPTURED OR RECOVERED MER19 CURY.—The regulations promulgated by 

20 the Administrator under paragraph (1)(A) 

21 shall ensure that mercury that is captured 

22 or recovered through the use of an emis23 sion control, coal cleaning, or another 

24 method is disposed of in a manner that en25 sures that— 
22 

•S 730 IS

1 ‘‘(I) the hazards from mercury 

2 are not transferred from 1 environ3 mental medium to another; and 

4 ‘‘(II) there is no release of mer5 cury into the environment (as the 

6 terms ‘release’ and ‘environment’ are 

7 defined in section 101 of the Com8 prehensive Environmental Response, 

9 Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601)). 

11 ‘‘(ii) MERCURY-CONTAINING SLUDGES

12 AND WASTES.—The regulations promul13 gated by the Administrator under para14 graph (1)(A) shall ensure that mercury15 containing sludges and wastes are handled 

16 and disposed of in accordance with all ap17 plicable Federal and State laws (including 

18 regulations). 

19 ‘‘(B) RESEARCH PROGRAM.—To promote 

20 permanent and cost-effective disposal of mer21 cury from coal- and oil-fired commercial and in22 dustrial boiler units, the Administrator shall es23 tablish a program of long-term research to de24 velop and disseminate information on methods 

25 and techniques such as separating, solidifying, 
23 

•S 730 IS

1 recycling, and encapsulating mercury-containing 

2 waste so that mercury does not volatilize, mi3 grate to ground water or surface water, or con4 taminate the soil. 

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

6 standard or other requirement promulgated under 

7 this subsection does not diminish or replace— 

8 ‘‘(A) any requirement of a more stringent 

9 emission limitation or other applicable require10 ment established under this Act; or 

11 ‘‘(B) a standard issued under State law. 

12 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

13 TO EMISSIONS OF MERCURY.— 

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

15 shall annually make available to the public, 

16 through 1 or more published reports and 1 or 

17 more forms of electronic media, facility-specific 

18 mercury emission data for each coal- or oil-fired 

19 commercial or industrial boiler unit. 

20 ‘‘(B) SOURCE OF DATA.—The emission 

21 data shall be taken from the monitoring and 

22 analysis reports submitted under paragraph 

23 (3)(C).’’. 
24 

•S 730 IS

1 SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID 

2 WASTE INCINERATION UNITS. 

3 (a) SEPARATION OF MERCURY-CONTAINING

4 ITEMS.—Section 3002 of the Solid Waste Disposal Act 

5 (42 U.S.C. 6922) is amended by adding at the end the 

6 following: 

7 ‘‘(c) SEPARATION OF MERCURY-CONTAINING

8 ITEMS.— 

9 ‘‘(1) PUBLICATION OF LIST.— 

10 ‘‘(A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this sub12 section, the Administrator shall publish a list of 

13 mercury-containing items that shall be required 

14 to be separated and removed from a waste 

15 stream that feeds a solid waste management fa16 cility. 

17 ‘‘(B) REQUIRED ITEMS.—The list shall in18 clude mercury-containing items such as fluores19 cent light bulbs and tubes, batteries, pharma20 ceuticals, laboratory chemicals and reagents, 

21 electrical devices such as thermostats, relays, 

22 and switches, and medical and scientific instru23 ments. 

24 ‘‘(C) LABELING REQUIREMENT.— 

25 ‘‘(i) IN GENERAL.—Except as pro26 vided in clause (ii), to facilitate the process 
25 

•S 730 IS

1 of separating and removing items listed 

2 under subparagraph (A), each manufac3 turer of a listed item shall ensure that 

4 each item is clearly labeled to indicate that 

5 the product contains mercury. 

6 ‘‘(ii) BUTTON CELL BATTERIES.—In 

7 the case of button cell batteries for which, 

8 due to size constraints, labeling described 

9 in clause (i) is not practicable, the pack10 aging shall indicate that the product con11 tains mercury. 

12 ‘‘(2) PLAN.— 

13 ‘‘(A) REQUIREMENT.—Not later than 1 

14 year after the date of enactment of this sub15 section, each person that transfers, directly or 

16 through a contractor, solid waste that may con17 tain a mercury-containing item listed under 

18 paragraph (1) to a solid waste management fa19 cility shall submit for review and approval by 

20 the Administrator (or, in the case of a solid 

21 waste management facility located in a State 

22 that has a State hazardous waste program au23 thorized under section 3006, the State) a plan 

24 for— 
26 

•S 730 IS

1 ‘‘(i) separating and removing mer2 cury-containing items listed under para3 graph (1) from the waste streams that feed 

4 any solid waste management facility; 

5 ‘‘(ii) subject to the other requirements 

6 of this subtitle, transferring the separated 

7 waste to a recycling facility or a treatment, 

8 storage, or disposal facility that holds a 

9 permit under this subtitle; 

10 ‘‘(iii) monitoring and reporting on 

11 compliance with the plan; and 

12 ‘‘(iv) achieving full compliance with 

13 the plan not later than 18 months after 

14 the date of approval of the plan in accord15 ance with subparagraph (B). 

16 ‘‘(B) PLAN APPROVAL.— 

17 ‘‘(i) DEADLINE.—Not later than 180 

18 days after the date of receipt of the plan, 

19 the Administrator (or the State) shall de20 termine whether to approve or disapprove 

21 a plan submitted under subparagraph (A). 

22 ‘‘(ii) PREFERENCE.—In determining 

23 whether to approve a plan, the Adminis24 trator (or the State) shall give preference 
27 

•S 730 IS

1 to recycling or stabilization of mercury2 containing items over disposal of the items. 

3 ‘‘(C) AMENDED PLAN.— 

4 ‘‘(i) SUBMISSION.—If the Adminis5 trator (or the State) disapproves a plan, 

6 the person that submitted the plan may 

7 submit an amended plan not later than 90 

8 days after the date of disapproval. 

9 ‘‘(ii) APPROVAL.—Not later than 30 

10 days after the date of receipt of the 

11 amended plan, the Administrator (or the 

12 State) shall approve or disapprove the 

13 plan. 

14 ‘‘(D) PLAN BY ADMINISTRATOR (OR

15 STATE).— 

16 ‘‘(i) IN GENERAL.—If an amended 

17 plan is not submitted to the Administrator 

18 (or the State) within 90 days after the 

19 date of disapproval, or if an amended plan 

20 has been submitted and subsequently dis21 approved, the Administrator (or the State) 

22 shall issue a determination that it is nec23 essary for the Administrator (or the State) 

24 to promulgate a plan for the person. 
28 

•S 730 IS

1 ‘‘(ii) PLAN.—Not later than 180 days 

2 after issuing the determination, the Ad3 ministrator (or the State) shall develop, 

4 publish in the Federal Register (or submit 

5 to the Administrator for publication in the 

6 Federal Register), implement, and enforce 

7 a plan that— 

8 ‘‘(I) meets the criteria specified 

9 in subparagraph (A); and 

10 ‘‘(II) ensures that full compliance 

11 with the plan will be achieved not 

12 later than 18 months after the date of 

13 publication of the plan. 

14 ‘‘(E) ENFORCEABILITY.—On approval by 

15 the Administrator (or the State) of a plan sub16 mitted under subparagraph (A), or on publica17 tion of a plan developed by the Administrator 

18 (or the State) under subparagraph (D), the 

19 plan shall be enforceable under this Act.’’. 

20 (b) SOLID WASTE INCINERATION UNIT MERCURY

21 EMISSION MONITORING AND ANALYSIS.—Section 129 of 

22 the Clean Air Act (42 U.S.C. 7429) is amended by strik23 ing subsection (e) and inserting the following: 

24 ‘‘(e) PERMITS.— 
29 

•S 730 IS

1 ‘‘(1) IN GENERAL.—Beginning on the date that 

2 is the later of the dates described in paragraph (2), 

3 each unit in the category shall operate pursuant to 

4 a permit issued under this subsection and title V. 

5 ‘‘(2) INITIAL DATES.—The dates referred to in 

6 paragraph (1) are— 

7 ‘‘(A) the date that is 36 months after the 

8 promulgation of a performance standard under 

9 subsection (a) and section 111 applicable to a 

10 category of solid waste incineration units; and 

11 ‘‘(B) the effective date of a permit pro12 gram under title V in the State in which the 

13 unit is located. 

14 ‘‘(3) PERIOD OF ISSUANCE.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of this Act, a permit for a solid 

17 waste incineration unit combusting municipal 

18 waste issued under this Act— 

19 ‘‘(i) shall be issued for a period of not 

20 greater than 12 years; and 

21 ‘‘(ii) shall be reviewed every 5 years 

22 after the date of issuance or reissuance. 

23 ‘‘(B) CONTINUATION.— 

24 ‘‘(i) IN GENERAL.—Unless the Admin25 istrator or the State determines that a unit 
30 

•S 730 IS

1 is not in compliance with all standards and 

2 conditions contained in a permit, the per3 mit described in subparagraph (A) shall 

4 continue in effect after the date of issuance 

5 until the date of termination of the permit. 

6 ‘‘(ii) DETERMINATION.—The deter7 mination of the Administrator or the State 

8 under clause (i) shall be made— 

9 ‘‘(I) at regular intervals, not to 

10 exceed 5 years, during the term of the 

11 permit; and 

12 ‘‘(II) after an opportunity for 

13 public comment and a public hearing. 

14 ‘‘(4) RENEWAL.—A permit described in para15 graph (1) may be renewed in accordance with title 

16 V. 

17 ‘‘(5) LACK OF AUTHORITY TO ISSUE.—No per18 mit for a solid waste incineration unit may be issued 

19 under this Act by an agency, instrumentality, or per20 son that is responsible (in whole or in part) for the 

21 design and construction or operation of the unit. 

22 ‘‘(6) REQUIREMENTS.—Notwithstanding any 

23 other provision of this subsection, if the Adminis24 trator or a State determines, at the discretion of the 

25 Administrator or State, that emissions in the ab-
31 

•S 730 IS

1 sence of limitations or other measures may reason2 ably be anticipated to endanger public health or the 

3 environment, the Administrator or the State shall 

4 require the owner or operator of a unit— 

5 ‘‘(A) to comply with emission limitations; 

6 or 

7 ‘‘(B) to implement any other measure the 

8 Administrator or the State determines is prac9 ticable. 

10 ‘‘(7) SOLID WASTE INCINERATION UNIT MER11 CURY EMISSION MONITORING AND ANALYSIS.— 

12 ‘‘(A) PROCEDURES AND METHODS.— 

13 ‘‘(i) IN GENERAL.—Not later than 

14 180 days after the date of enactment of 

15 this paragraph, the Administrator shall 

16 promulgate regulations prescribing proce17 dures and methods for— 

18 ‘‘(I) monitoring and analysis for 

19 mercury emissions from solid waste 

20 combustion flue gases; and 

21 ‘‘(II) determining compliance 

22 with this paragraph. 

23 ‘‘(ii) INFORMATION.—Application of 

24 the procedures and methods shall result in 
32 

•S 730 IS

1 reliable and timely information for deter2 mining compliance. 

3 ‘‘(B) PERMIT REQUIREMENTS.— 

4 ‘‘(i) IN GENERAL.—A permit de5 scribed in paragraph (1) shall specify in6 spection, entry, monitoring, compliance 

7 certification, and reporting requirements 

8 with respect to mercury to ensure compli9 ance with the terms and conditions of the 

10 permit, including a requirement that the 

11 permittee submit to the permitting author12 ity, not less often than every 90 days, the 

13 results of any required monitoring. 

14 ‘‘(ii) SIGNATURE.—A report required 

15 under clause (i) shall be signed by a re16 sponsible official of the solid waste inciner17 ation unit or by a municipal official, who 

18 shall certify the accuracy of the report. 

19 ‘‘(C) ESTABLISHMENT OF MAXIMUM MER20 CURY EMISSION RATE.— 

21 ‘‘(i) DETERMINATION BY THE ADMIN22 ISTRATOR.—Not later than 36 months, 39 

23 months, and 42 months after the date of 

24 enactment of this subparagraph, based on 

25 the reports required under subparagraph 
33 

•S 730 IS

1 (B)(i), the Administrator (or the State) 

2 shall determine whether a solid waste in3 cinerator unit has achieved and is continu4 ously maintaining a mercury emission rate 

5 of not more than 0.080 milligrams per dry 

6 standard cubic meter. 

7 ‘‘(ii) REQUIREMENT OF INSTALLA8 TION OF CONTROLS.—If the mercury emis9 sion rate specified in clause (i) is not 

10 achieved and maintained over the period 

11 covered by the reports required under sub12 paragraph (B)(i), or over any 2 out of 3 

13 reporting periods thereafter, the Adminis14 trator shall require the solid waste inciner15 ation unit— 

16 ‘‘(I) to install control equipment; 

17 and 

18 ‘‘(II) to implement techniques 

19 that will result in a mercury emission 

20 rate by the unit of not more than 

21 0.060 milligrams per dry standard 

22 cubic meter within 3 years. 

23 ‘‘(iii) ENFORCEABILITY.—The re24 quirements of this subparagraph shall be 

25 an enforceable modification to any existing 
34 

•S 730 IS

1 or new permit described in paragraph (1) 

2 for the solid waste incineration unit. 

3 ‘‘(D) OTHER REQUIREMENTS.—An emis4 sion standard or other requirement promulgated 

5 under this subsection does not diminish or re6 place— 

7 ‘‘(i) any requirement of a more strin8 gent emission limitation or other applicable 

9 requirement established under this Act; or 

10 ‘‘(ii) a standard issued under State 

11 law. 

12 ‘‘(E) PUBLIC REPORTING OF DATA PER13 TAINING TO EMISSIONS OF MERCURY.— 

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

15 shall annually make available to the public, 

16 through 1 or more published reports and 1 

17 or more forms of electronic media, facility18 specific mercury emission data for each 

19 solid waste incineration unit. 

20 ‘‘(ii) SOURCE OF DATA.—The emis21 sion data shall be taken from the moni22 toring and analysis reports submitted 

23 under subparagraph (B).’’. 
35 

•S 730 IS

1 (c) PHASEOUT OF MERCURY IN PRODUCTS.—Section 

2 112 of the Clean Air Act (as amended by section 4) is 

3 amended by inserting after subsection (t) the following: 

4 ‘‘(u) PHASEOUT OF MERCURY IN PRODUCTS.— 

5 ‘‘(1) DEFINITION OF MANUFACTURER.—In this 

6 subsection, the term ‘manufacturer’ includes an im7 porter for resale. 

8 ‘‘(2) PROHIBITION ON SALE.—Beginning 3 

9 years after the date of enactment of this subsection, 

10 a manufacturer shall not sell any mercury-con11 taining product (whether manufactured domestically, 

12 imported, or manufactured for export) unless the 

13 manufacturer has applied for and has been granted 

14 by the Administrator an exemption from the prohibi15 tion on the sale. 

16 ‘‘(3) PROCEDURES FOR MAKING EXEMPTION

17 APPLICATION DETERMINATIONS.—Before making a 

18 determination on an application for exemption from 

19 the prohibition under paragraph (2), the Adminis20 trator shall— 

21 ‘‘(A) publish notice of the application in 

22 the Federal Register; 

23 ‘‘(B) provide a public comment period of 

24 60 days; and 
36 

•S 730 IS

1 ‘‘(C) conduct a hearing on the record on 

2 the application. 

3 ‘‘(4) CRITERIA FOR EXEMPTION.—In making a 

4 determination on an application described in para5 graph (3), the Administrator may grant an exemp6 tion from the prohibition under paragraph (2) if— 

7 ‘‘(A) the Administrator determines that 

8 the mercury-containing product is a product the 

9 use of which is essential; 

10 ‘‘(B) the Administrator determines that 

11 there is no comparable product that does not 

12 contain mercury and that is available in the 

13 marketplace at a reasonable cost; and 

14 ‘‘(C) through documentation submitted by 

15 the manufacturer, the Administrator determines 

16 that the manufacturer has established a pro17 gram to take back, after use by the consumer, 

18 all mercury-containing products subject to the 

19 exemption that are manufactured after the date 

20 of approval of the application. 

21 ‘‘(5) TERM OF EXEMPTION.— 

22 ‘‘(A) IN GENERAL.—An exemption may be 

23 granted for a period of not more than 3 years. 
37 

•S 730 IS

1 ‘‘(B) RENEWALS.—Renewal of an exemp2 tion shall be carried out in accordance with 

3 paragraphs (3) and (4). 

4 ‘‘(6) PUBLICATIONS IN THE FEDERAL REG5 ISTER.—The Administrator shall publish in the Fed6 eral Register— 

7 ‘‘(A) a description of each exemption appli8 cation approval or denial; and 

9 ‘‘(B) on an annual basis, a list of products 

10 for which exemptions have been granted under 

11 this subsection.’’. 

12 SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-AL13 KALI PLANTS. 

14 Section 112 of the Clean Air Act (as amended by sec15 tion 5(c)) is amended by inserting after subsection (u) the 

16 following: 

17 ‘‘(v) MERCURY EMISSION STANDARDS FOR CHLOR18 ALKALI PLANTS.— 

19 ‘‘(1) IN GENERAL.— 

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

21 days after the date of enactment of this sub22 paragraph, the Administrator shall promulgate 

23 regulations to establish standards for the direct 

24 and fugitive emission of mercury and mercury 

25 compounds (collectively referred to in this sub-
38 

•S 730 IS

1 section as ‘mercury’) applicable to existing and 

2 new chlor-alkali plants that use the mercury cell 

3 production process (referred to in this sub4 section as ‘mercury cell chlor-alkali plants’). 

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

6 than 2 years after the date of enactment of this 

7 subsection, each mercury cell chlor-alkali plant 

8 shall have an enforceable permit issued under 

9 title V that complies with this subsection. 

10 ‘‘(C) PROCEDURES AND SCHEDULES FOR

11 COMPLIANCE WITH STANDARDS.—Each mer12 cury cell chlor-alkali plant shall achieve compli13 ance with the mercury emission standards es14 tablished under subparagraph (A) in accordance 

15 with the procedures and schedules established 

16 under subsection (i). 

17 ‘‘(2) STANDARDS AND METHODS.— 

18 ‘‘(A) MINIMUM REQUIRED EMISSION RE19 DUCTION.—The emission standards established 

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

21 mercury cell chlor-alkali plant reduce its annual 

22 poundage of direct and fugitive mercury emit23 ted below its mercury emission baseline, as de24 termined by the Administrator, by not less than 

25 95 percent. 
39 

•S 730 IS

1 ‘‘(B) CONTROL METHODS.—For the pur2 pose of achieving compliance with the emission 

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

4 the Administrator shall authorize methods of 

5 control of mercury emissions, including meas6 ures that— 

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

8 emissions of, mercury through a process 

9 change, substitution of material, or other 

10 method; 

11 ‘‘(ii) enclose systems or processes to 

12 eliminate mercury emissions; 

13 ‘‘(iii) collect, capture, or treat mer14 cury emissions when released from a proc15 ess, stack, storage, or fugitive emission 

16 point, or through evaporation of a spill; 

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

18 manufacturing process, work practice, or 

19 operational standards (including require20 ments for operator training or certification 

21 or spill prevention) in accordance with sub22 section (h); or 

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

24 measures described in clauses (i) through 

25 (iv). 
40 

•S 730 IS

1 ‘‘(3) PERMIT REQUIREMENTS AND CONDI2 TIONS.— 

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

4 accordance with paragraph (1)(B) shall in5 clude— 

6 ‘‘(i) enforceable mercury emission 

7 standards; 

8 ‘‘(ii) a schedule of compliance; 

9 ‘‘(iii) a requirement that the permittee 

10 submit to the permitting authority, not less 

11 often than every 90 days, the results of 

12 any required monitoring; and 

13 ‘‘(iv) such other conditions as the Ad14 ministrator determines are necessary to en15 sure compliance with this subsection and 

16 each applicable implementation plan under 

17 section 110. 

18 ‘‘(B) MONITORING AND ANALYSIS.— 

19 ‘‘(i) PROCEDURES AND METHODS.— 

20 The regulations promulgated by the Ad21 ministrator under paragraph (1)(A) shall 

22 prescribe procedures and methods for— 

23 ‘‘(I) monitoring and analysis for 

24 mercury; and 
41 

•S 730 IS

1 ‘‘(II) determining compliance 

2 with this subsection. 

3 ‘‘(ii) INFORMATION.—Application of 

4 the procedures and methods shall result in 

5 reliable and timely information for deter6 mining compliance. 

7 ‘‘(iii) EFFECT ON OTHER LAW.— 

8 Nothing in this subsection affects any con9 tinuous emission monitoring requirement 

10 of title IV or any other provision of this 

11 Act. 

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

13 CERTIFICATION, AND REPORTING.— 

14 ‘‘(i) IN GENERAL.—Each permit 

15 issued in accordance with paragraph 

16 (1)(B) shall specify inspection, entry, mon17 itoring, compliance certification, and re18 porting requirements to ensure compliance 

19 with the terms and conditions of the per20 mit. 

21 ‘‘(ii) CONFORMITY WITH OTHER REG22 ULATIONS.—The monitoring and reporting 

23 requirements shall conform to each appli24 cable regulation under subparagraph (B). 
42 

•S 730 IS

1 ‘‘(iii) SIGNATURE.—A report required 

2 under clause (i) shall be signed by a re3 sponsible official of the mercury cell chlor4 alkali plant, who shall certify the accuracy 

5 of the report. 

6 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

7 THROUGH EMISSION CONTROLS.— 

8 ‘‘(A) IN GENERAL.— 

9 ‘‘(i) CAPTURED OR RECOVERED MER10 CURY.—The regulations promulgated by 

11 the Administrator under paragraph (1)(A) 

12 shall ensure that mercury that is captured 

13 or recovered through the use of an emis14 sion control or another method is disposed 

15 of in a manner that ensures that— 

16 ‘‘(I) the hazards from mercury 

17 are not transferred from 1 environ18 mental medium to another; and 

19 ‘‘(II) there is no release of mer20 cury into the environment (as the 

21 terms ‘release’ and ‘environment’ are 

22 defined in section 101 of the Com23 prehensive Environmental Response, 

24 Compensation, and Liability Act of 

25 1980 (42 U.S.C. 9601)). 
43 

•S 730 IS

1 ‘‘(ii) MERCURY-CONTAINING

2 WASTES.—The regulations promulgated by 

3 the Administrator under paragraph (1)(A) 

4 shall ensure that mercury-containing 

5 wastes are handled and disposed of in ac6 cordance with all applicable Federal and 

7 State laws (including regulations). 

8 ‘‘(B) RESEARCH PROGRAM.—To promote 

9 permanent and cost-effective disposal of mer10 cury from mercury cell chlor-alkali plants, the 

11 Administrator shall establish a program of long12 term research to develop and disseminate infor13 mation on methods and techniques such as sep14 arating, solidifying, recycling, and encapsulating 

15 mercury-containing waste so that mercury does 

16 not volatilize, migrate to ground water or sur17 face water, or contaminate the soil. 

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

19 standard or other requirement promulgated under 

20 this subsection does not diminish or replace— 

21 ‘‘(A) any requirement of a more stringent 

22 emission limitation or other applicable require23 ment established under this Act; or 

24 ‘‘(B) a standard issued under State law. 
44 

•S 730 IS

1 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

2 TO EMISSIONS OF MERCURY.— 

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

4 shall annually make available to the public, 

5 through 1 or more published reports and 1 or 

6 more forms of electronic media, facility-specific 

7 mercury emission data for each mercury cell 

8 chlor-alkali plant. 

9 ‘‘(B) SOURCE OF DATA.—The emission 

10 data shall be taken from the monitoring and 

11 analysis reports submitted under paragraph 

12 (3)(C).’’. 

13 SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND 

14 CEMENT PLANTS. 

15 Section 112 of the Clean Air Act (as amended by sec16 tion 6) is amended by inserting after subsection (v) the 

17 following: 

18 ‘‘(w) MERCURY EMISSION STANDARDS FOR PORT19 LAND CEMENT PLANTS.— 

20 ‘‘(1) IN GENERAL.— 

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

22 days after the date of enactment of this sub23 paragraph, the Administrator shall promulgate 

24 regulations— 
45 

•S 730 IS

1 ‘‘(i) to establish standards for the 

2 control of direct dust emission of mercury 

3 and mercury compounds (collectively re4 ferred to in this subsection as ‘mercury’) 

5 from crushers, mills, dryers, kilns (exclud6 ing emission from such burning of haz7 ardous waste-containing fuel in a cement 

8 kiln as is regulated under section 3004(q) 

9 of the Solid Waste Disposal Act (42 

10 U.S.C. 6924(q)), and clinker coolers at ex11 isting and new Portland cement plants; 

12 and 

13 ‘‘(ii) to establish standards for the 

14 control of fugitive dust emission of mer15 cury from storage, transport, charging, 

16 and discharging operations at existing and 

17 new Portland cement plants. 

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

19 than 2 years after the date of enactment of this 

20 subparagraph, each Portland cement plant shall 

21 have an enforceable permit issued under title V 

22 that complies with this subsection. 

23 ‘‘(C) PROCEDURES AND SCHEDULES FOR

24 COMPLIANCE WITH STANDARDS.—Each Port25 land cement plant shall achieve compliance with 
46 

•S 730 IS

1 the mercury emission standards established 

2 under subparagraph (A) in accordance with the 

3 procedures and schedules established under 

4 subsection (i). 

5 ‘‘(2) STANDARDS AND METHODS.— 

6 ‘‘(A) MINIMUM REQUIRED EMISSION RE7 DUCTION.—The emission standards established 

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

9 Portland cement plant reduce its annual pound10 age of direct and fugitive mercury emitted 

11 below its mercury emission baseline, as deter12 mined by the Administrator, by not less than 

13 95 percent. 

14 ‘‘(B) CONTROL METHODS.—For the pur15 pose of achieving compliance with the emission 

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

17 the Administrator shall authorize methods of 

18 control of mercury emissions, including meas19 ures that— 

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

21 emissions of, mercury through a process 

22 change, substitution of material, or other 

23 method; 

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

25 storage to eliminate mercury emissions; 
47 

•S 730 IS

1 ‘‘(iii) collect, capture, or treat mer2 cury emissions when released from a proc3 ess, stack, storage, or fugitive emission 

4 point; 

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

6 manufacturing process, work practice, or 

7 operational standards (including require8 ments for operator training or certifi9 cation) in accordance with subsection (h); 

10 or 

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

12 measures described in clauses (i) through 

13 (iv). 

14 ‘‘(3) PERMIT REQUIREMENTS AND CONDI15 TIONS.— 

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

17 accordance with paragraph (1)(B) shall in18 clude— 

19 ‘‘(i) enforceable mercury emission 

20 standards; 

21 ‘‘(ii) a schedule of compliance; 

22 ‘‘(iii) a requirement that the permittee 

23 submit to the permitting authority, not less 

24 often than every 90 days, the results of 

25 any required monitoring; and 
48 

•S 730 IS

1 ‘‘(iv) such other conditions as the Ad2 ministrator determines are necessary to en3 sure compliance with this subsection and 

4 each applicable implementation plan under 

5 section 110. 

6 ‘‘(B) MONITORING AND ANALYSIS.— 

7 ‘‘(i) PROCEDURES AND METHODS.— 

8 The regulations promulgated by the Ad9 ministrator under paragraph (1)(A) shall 

10 prescribe procedures and methods for— 

11 ‘‘(I) monitoring and analysis for 

12 mercury; and 

13 ‘‘(II) determining compliance 

14 with this subsection. 

15 ‘‘(ii) INFORMATION.—Application of 

16 the procedures and methods shall result in 

17 reliable and timely information for deter18 mining compliance. 

19 ‘‘(iii) EFFECT ON OTHER LAW.— 

20 Nothing in this subsection affects any con21 tinuous emission monitoring requirement 

22 of title IV or any other provision of this 

23 Act. 

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

25 CERTIFICATION, AND REPORTING.— 
49 

•S 730 IS

1 ‘‘(i) IN GENERAL.—Each permit 

2 issued in accordance with paragraph 

3 (1)(B) shall specify inspection, entry, mon4 itoring, compliance certification, and re5 porting requirements to ensure compliance 

6 with the terms and conditions of the per7 mit. 

8 ‘‘(ii) CONFORMITY WITH OTHER REG9 ULATIONS.—The monitoring and reporting 

10 requirements shall conform to each appli11 cable regulation under subparagraph (B). 

12 ‘‘(iii) SIGNATURE.—A report required 

13 under clause (i) shall be signed by a re14 sponsible official of the Portland cement 

15 plant, who shall certify the accuracy of the 

16 report. 

17 ‘‘(4) DISPOSAL OF MERCURY CAPTURED

18 THROUGH EMISSION CONTROLS.— 

19 ‘‘(A) IN GENERAL.— 

20 ‘‘(i) CAPTURED OR RECOVERED MER21 CURY.—The regulations promulgated by 

22 the Administrator under paragraph (1)(A) 

23 shall ensure that mercury that is captured 

24 or recovered through the use of an emis-
50 

•S 730 IS

1 sion control or another method is disposed 

2 of in a manner that ensures that— 

3 ‘‘(I) the hazards from mercury 

4 are not transferred from 1 environ5 mental medium to another; and 

6 ‘‘(II) there is no release of mer7 cury into the environment (as the 

8 terms ‘release’ and ‘environment’ are 

9 defined in section 101 of the Com10 prehensive Environmental Response, 

11 Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9601)). 

13 ‘‘(ii) MERCURY-CONTAINING

14 WASTES.—The regulations promulgated by 

15 the Administrator under paragraph (1)(A) 

16 shall ensure that mercury-containing 

17 wastes are handled and disposed of in ac18 cordance with all applicable Federal and 

19 State laws (including regulations). 

20 ‘‘(B) RESEARCH PROGRAM.—To promote 

21 permanent and cost-effective disposal of mer22 cury from Portland cement plants, the Adminis23 trator shall establish a program of long-term re24 search to develop and disseminate information 

25 on methods and techniques such as separating, 
51 

•S 730 IS

1 solidifying, recycling, and encapsulating mer2 cury-containing waste so that mercury does not 

3 volatilize, migrate to ground water or surface 

4 water, or contaminate the soil. 

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

6 standard or other requirement promulgated under 

7 this subsection does not diminish or replace— 

8 ‘‘(A) any requirement of a more stringent 

9 emission limitation or other applicable require10 ment established under this Act; or 

11 ‘‘(B) a standard issued under State law. 

12 ‘‘(6) PUBLIC REPORTING OF DATA PERTAINING

13 TO EMISSIONS OF MERCURY.— 

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

15 shall annually make available to the public, 

16 through 1 or more published reports and 1 or 

17 more forms of electronic media, facility-specific 

18 mercury emission data for each Portland ce19 ment plant. 

20 ‘‘(B) SOURCE OF DATA.—The emission 

21 data shall be taken from the monitoring and 

22 analysis reports submitted under paragraph 

23 (3)(C).’’. 
52 

•S 730 IS

1 SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMIS2 SION STANDARDS FOR MEDICAL WASTE IN3 CINERATORS. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this Act, the Administrator of the 

6 Environmental Protection Agency shall submit to Con7 gress a report describing the extent to which the annual 

8 poundage of mercury and mercury compounds emitted by 

9 each medical waste incinerator in the United States has 

10 been reduced below the baseline for the medical waste in11 cinerator determined under subsection (b). 

12 (b) BASELINE.— 

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

14 measuring emission reductions, the report shall use 

15 the mercury and mercury compound emission data 

16 that were submitted or developed during the process 

17 of permitting of the medical waste incinerator under 

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

19 (2) LACK OF ACTUAL DATA.—If the data de20 scribed in paragraph (1) are not available, the Ad21 ministrator shall develop an estimate of baseline 

22 mercury emissions based on— 

23 (A) other sources of data; and 

24 (B) the best professional judgment of the 

25 Administrator. 
53 

•S 730 IS

1 SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMIS2 SION STANDARDS FOR HAZARDOUS WASTE 

3 COMBUSTORS. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this Act, the Administrator of the 

6 Environmental Protection Agency shall submit to Con7 gress a report on the extent to which the annual poundage 

8 of mercury and mercury compounds emitted by each haz9 ardous waste combustor in the United States has been re10 duced below the baseline for the hazardous waste com11 bustor determined under subsection (b). 

12 (b) BASELINE.— 

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

14 measuring emission reductions, the report shall use 

15 the mercury and mercury compound emission data 

16 that were submitted or developed during the process 

17 of permitting of the hazardous waste combustor 

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

19 (2) LACK OF ACTUAL DATA.—If the data de20 scribed in paragraph (1) are not available, the Ad21 ministrator shall develop an estimate of baseline 

22 mercury emissions based on— 

23 (A) other sources of data; and 

24 (B) the best professional judgment of the 

25 Administrator. 
54 

•S 730 IS

1 SEC. 10. DEFENSE ACTIVITIES. 

2 (a) REPORT.— 

3 (1) IN GENERAL.—Not later than 2 years after 

4 the date of enactment of this Act, the Secretary of 

5 Defense shall submit to Congress a report describing 

6 the use of mercury and mercury compounds by the 

7 Department of Defense. 

8 (2) CONTENTS.—In the report, the Secretary of 

9 Defense shall describe— 

10 (A) any measures that the Department of 

11 Defense is carrying out to reduce the use and 

12 emissions of mercury and mercury compounds 

13 by the Department; and 

14 (B) measures that the Department of De15 fense is carrying out to stabilize or recycle dis16 carded mercury or discarded mercury-con17 taining products. 

18 (b) PROHIBITION ON SALE.—Beginning on the date 

19 of enactment of this Act, no mercury or mercury com20 pounds in the stockpile provided for under section 4 of 

21 the Critical and Strategic Materials Stock Piling Act (50 

22 U.S.C. 98c), commonly known as the ‘‘National Defense 

23 Stockpile’’, may be sold, domestically or internationally, 

24 for commercial or industrial use. 
55 

•S 730 IS

1 SEC. 11. INTERNATIONAL ACTIVITIES. 

2 (a) STUDY AND REPORT.—Not later than 2 years 

3 after the date of enactment of this Act, the Administrator 

4 of the Environmental Protection Agency, in cooperation 

5 with appropriate representatives of Canada and Mexico, 

6 shall study and submit to Congress a report describing 

7 the sources and extent of mercury emissions in North 

8 America. 

9 (b) REVIEW.—Before submitting the report to Con10 gress, the Administrator shall submit the report for— 

11 (1) internal and external scientific peer review; 

12 and 

13 (2) review by the Science Advisory Board estab14 lished by section 8 of the Environmental Research, 

15 Development, and Demonstration Authorization Act 

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

17 (c) REQUIRED ELEMENTS.—The report shall in18 clude— 

19 (1) a characterization and identification of the 

20 sources of emissions of mercury in North America; 

21 (2) a description of the patterns and pathways 

22 taken by mercury pollution through the atmosphere 

23 and surface water; and 

24 (3) recommendations for pollution control meas25 ures, options, and strategies that, if implemented in26 dividually or jointly by the United States, Canada, 
56 

•S 730 IS

1 and Mexico, will eliminate or greatly reduce 

2 transboundary atmospheric and surface water mer3 cury pollution in North America. 

4 SEC. 12. MERCURY RESEARCH. 

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

6 is amended by adding at the end the following: 

7 ‘‘(l) MERCURY RESEARCH.— 

8 ‘‘(1) STUDY OF IMPLEMENTATION OF MEAS9 URES TO CONTROL MERCURY EMISSIONS.— 

10 ‘‘(A) ESTABLISHMENT OF ADVISORY COM11 MITTEE.—Not later than 3 years after the date 

12 of enactment of this subsection, the Secretary 

13 of Health and Human Services and the Admin14 istrator shall establish an advisory committee to 

15 evaluate and prepare a report describing the 

16 progress made by the Federal Government, 

17 State and local governments, industry, and 

18 other regulated entities to implement and com19 ply with the mercury-related amendments to 

20 this Act made by the Mercury Emission Act of 

21 2005. 

22 ‘‘(B) MEMBERSHIP.— 

23 ‘‘(i) IN GENERAL.—The advisory com24 mittee shall consist of at least 15 mem-
57 

•S 730 IS

1 bers, of whom at least 1 member shall rep2 resent each of the following: 

3 ‘‘(I) The Department of Health 

4 and Human Services. 

5 ‘‘(II) The Agency for Toxic Sub6 stances and Disease Registry. 

7 ‘‘(III) The Food and Drug Ad8 ministration. 

9 ‘‘(IV) The Environmental Protec10 tion Agency. 

11 ‘‘(V) The National Academy of 

12 Sciences. 

13 ‘‘(VI) Native American popu14 lations. 

15 ‘‘(VII) State and local govern16 ments. 

17 ‘‘(VIII) Industry. 

18 ‘‘(IX) Environmental organiza19 tions. 

20 ‘‘(X) Public health organizations. 

21 ‘‘(ii) APPOINTMENT.—The Secretary 

22 of Health and Human Services and the 

23 Administrator shall each appoint not fewer 

24 than 7 members of the advisory committee. 
58 

•S 730 IS

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

2 shall— 

3 ‘‘(i) evaluate the adequacy and com4 pleteness of data collected and dissemi5 nated by the Environmental Protection 

6 Agency and each State that measures and 

7 reports on mercury contamination in the 

8 environment; 

9 ‘‘(ii) make recommendations to the 

10 Secretary of Health and Human Services 

11 and the Administrator concerning— 

12 ‘‘(I) changes necessary to im13 prove the quality and ensure consist14 ency from State to State of Federal 

15 and State data collection, reporting, 

16 and characterization of baseline envi17 ronmental conditions; and 

18 ‘‘(II) methods for improving pub19 lic education, particularly among high20 risk populations (such as pregnant 

21 women and their fetuses, women of 

22 childbearing age, children, and indi23 viduals who subsist primarily on fish), 

24 concerning the pathways and effects 
59 

•S 730 IS

1 of mercury contamination and con2 sumption; and 

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

4 date of enactment of this subsection, com5 pile and make available to the public, 

6 through 1 or more published reports and 1 

7 or more forms of electronic media, the 

8 findings, recommendations, and supporting 

9 data (including State-specific data) of the 

10 advisory committee under this subpara11 graph. 

12 ‘‘(D) COMPENSATION.— 

13 ‘‘(i) IN GENERAL.—A member of the 

14 advisory committee shall receive no com15 pensation for the service of the member on 

16 the advisory committee. 

17 ‘‘(ii) TRAVEL EXPENSES.—A member 

18 of the advisory committee shall be allowed 

19 travel expenses, including per diem in lieu 

20 of subsistence, at rates authorized for em21 ployees of agencies under subchapter I of 

22 chapter 57 of title 5, United States Code, 

23 while away from the home or regular place 

24 of business of the member in the perform-
60 

•S 730 IS

1 ance of services for the advisory com2 mittee. 

3 ‘‘(E) DURATION OF ADVISORY COM4 MITTEE.—The advisory committee— 

5 ‘‘(i) shall terminate not earlier than 

6 the date on which the Secretary of Health 

7 and Human Services and the Adminis8 trator determine that the findings, rec9 ommendations, and supporting data pre10 pared by the advisory committee have been 

11 made available to the public; and 

12 ‘‘(ii) may, at the discretion of the Sec13 retary of Health and Human Services and 

14 the Administrator, continue in existence 

15 after that date to continue to carry out the 

16 duties described in subparagraph (C). 

17 ‘‘(F) APPLICABILITY OF FEDERAL ADVI18 SORY COMMITTEE ACT.—The Federal Advisory 

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

20 to the advisory committee established under 

21 this paragraph. 

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

23 and Human Services and the Administrator 

24 shall each provide 50 percent of the funding 

25 necessary to carry out this paragraph. 
61 

•S 730 IS

1 ‘‘(2) REPORT ON MERCURY SEDIMENTATION

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

3 enactment of this subsection, the Administrator shall 

4 submit to Congress a report that characterizes mer5 cury and mercury-compound sedimentation trends in 

6 Lake Champlain, the Chesapeake Bay, the Great 

7 Lakes, the finger lakes region of upstate New York, 

8 Tampa Bay, and other water bodies of concern (as 

9 determined by the Administrator). 

10 ‘‘(3) EVALUATION OF FISH CONSUMPTION

11 ADVISORIES.— 

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

13 shall evaluate the adequacy, consistency, com14 pleteness, and public dissemination of— 

15 ‘‘(i) data collected by the Environ16 mental Protection Agency and each State 

17 concerning mercury contamination of fish; 

18 and 

19 ‘‘(ii) advisories to warn the public 

20 about the consumption of mercury-con21 taminated fish (referred to in this para22 graph as ‘fish consumption advisories’). 

23 ‘‘(B) IMPROVEMENT OF QUALITY AND

24 CONSISTENCY.—In conjunction with each State 

25 or unilaterally, the Administrator shall imple-
62 

•S 730 IS

1 ment any changes necessary to improve the 

2 quality and ensure consistency from State to 

3 State of Federal and State data collection, re4 porting, characterization of mercury contamina5 tion, and thresholds concerning mercury con6 tamination in fish above which fish consump7 tion advisories will be issued. 

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

9 after the date of enactment of this subsection 

10 and every 2 years thereafter, the Administrator 

11 shall prepare and make available to the public, 

12 through 1 or more published reports and 1 or 

13 more forms of electronic media, information 

14 providing detail by State, watershed, water 

15 body, and river reach of mercury levels in fish 

16 and any fish consumption advisories that have 

17 been issued during the preceding 2-year period. 

18 ‘‘(D) EFFECT ON STATE AUTHORITY.— 

19 Nothing in this paragraph affects the authority 

20 of a State to advise residents of the mercury 

21 content of commercially sold foods and other 

22 products. 

23 ‘‘(4) STUDY OF MERCURY STOCKPILES AND RE24 TIREMENT.—The Administrator shall request the 

25 National Academy of Sciences to— 
63 

•S 730 IS

1 ‘‘(A) conduct a study to— 

2 ‘‘(i) assess— 

3 ‘‘(I) the total quantity and dis4 tribution of excess mercury in the 

5 United States in stockpiles, collection 

6 programs, and other sources; and 

7 ‘‘(II) the potential for the excess 

8 mercury to reenter the global market; 

9 ‘‘(ii) evaluate whether any methods 

10 may exist or be developed for the collection 

11 and permanent retirement of excess mer12 cury in a manner that ensures that there 

13 is no release of mercury into the environ14 ment; 

15 ‘‘(iii) recommend research programs 

16 to investigate and develop the methods 

17 evaluated under clause (ii) that the Acad18 emy determines are potentially practicable; 

19 ‘‘(iv) identify Federal or State policies 

20 that may facilitate or impede the perma21 nent retirement of excess mercury; 

22 ‘‘(v) evaluate the potential for reduc23 ing the mining of virgin mercury 

24 through— 

25 ‘‘(I) international agreements; 
64 

•S 730 IS

1 ‘‘(II) recycling of mercury; or 

2 ‘‘(III) the use of existing pri3 vately owned stockpiles of mercury; 

4 ‘‘(vi) evaluate the potential for reduc5 ing global use of mercury in products and 

6 industrial processes through the promotion 

7 and dissemination of substitute products 

8 and processes that do not use mercury; 

9 and 

10 ‘‘(vii) make any other recommenda11 tions concerning excess mercury that the 

12 Academy determines to be useful; and 

13 ‘‘(B) not later than 1 year after the date 

14 of enactment of this subsection, submit to Con15 gress a report describing the results of the 

16 study. 

17 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

18 ‘‘(A) MODERNIZATION AND EXPANSION.— 

19 In addition to amounts made available under 

20 any other law, there is authorized to be appro21 priated to the Administrator for equipment and 

22 site modernization and network expansion of 

23 the National Atmospheric Deposition Program 

24 Mercury Deposition Network $2,000,000, to re25 main available until expended. 
65 

•S 730 IS

1 ‘‘(B) OPERATIONAL SUPPORT.—In addi2 tion to amounts made available under any other 

3 law, there are authorized to be appropriated for 

4 operational support of the National Atmos5 pheric Deposition Program Mercury Deposition 

6 Network for each of fiscal years 2006 through 

7 2015— 

8 ‘‘(i) $400,000 to the Environmental 

9 Protection Agency; 

10 ‘‘(ii) $400,000 to the United States 

11 Geological Survey; 

12 ‘‘(iii) $100,000 to the National Oce13 anic and Atmospheric Administration; and 

14 ‘‘(iv) $100,000 to the National Park 

15 Service.’’. 

Æ