I
106TH CONGRESS
1ST SESSION
H. R. 2667
To amend the Clean Air Act to establish requirements concerning the oper-
ation 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 Port-
land cement plants to reduce emissions of mercury to the environment,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1999
Mr. ALLEN (for himself, Mr. SAXTON, Ms. BALDWIN, Mr. BALDACCI, Mr.
BARRETT of Wisconsin, Mr. BONIOR, Mr. CAPUANO, Mr. DAVIS of Illi-
nois, Mr. DELAHUNT, Ms. DELAURO, Mr. GUTIERREZ, Mr. HINCHEY,
Mr. INSLEE, Mr. KENNEDY of Rhode Island, Ms. KILPATRICK, Mrs.
MALONEY of New York, Mr. GEORGE MILLER of California, Mrs.
NAPOLITANO, Mr. NEAL of Massachusetts, Mr. OLVER, Mr. QUINN, Mrs.
ROUKEMA, Mr. RUSH, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. STARK, Mr.
UNDERWOOD, and Mr. VENTO) introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To amend the Clean Air Act to establish requirements con-
cerning the operation of fossil fuel-fired electric utility
steam generating units, commercial and industrial boiler
units, solid waste incineration units, medical waste incin-
erators, hazardous waste combustors, chlor-alkali plants,
and Portland cement plants to reduce emissions of mer-
cury to the environment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1999’’.
(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 in-
dustrial boiler units.
Sec. 5. Reduction of mercury emissions from 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 med-
ical evidence, exposure to mercury and mercury com-
pounds (collectively referred to in this Act as ‘‘mer-
cury’’) is of concern to human health and the envi-
ronment;
(2) pregnant women and their fetuses, women
of childbearing age, children, and individuals who
subsist primarily on fish, are most at risk for mer-
cury-related health impacts such as neurotoxicity;
(3) although exposure to mercury occurs most
frequently through consumption of mercury-contami-
nated 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 emis-
sions 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 in-
dustrial 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 re-
port 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 con-
centrations 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 Eng-
land; 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 dem-
onstrates that mercury is being deposited into the
waters of Canada;
(6)(A) the Environmental Protection Agency re-
port described in paragraph (4) supports a plausible
link between mercury emissions from anthropogenic
combustion and industrial sources and concentra-
tions 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 in-
creased from 899 in 1993 to 1,675 in 1996, an in-
crease 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 prod-
ucts 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, par-
ticularly in light of the substantial quantities of used
batteries and fluorescent light bulbs that are dis-
carded annually in the solid waste stream and the
potential for environmental and health consequences
associated with land disposal, composting, or incin-
eration of the batteries and light bulbs; and
(9) a comprehensive study of the use of mer-
cury by the Department of Defense would signifi-
cantly further the goal of reducing mercury pollu-
tion.
(b) PURPOSES.—The purposes of this Act are—
(1) to greatly reduce the quantity of mercury
entering the environment by controlling air emis-
sions of mercury from fossil fuel-fired electric utility
steam generating units, coal- and oil-fired commer-
cial and industrial boiler units, solid waste inciner-
ation 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 meth-
ods of controlling mercury emissions;
(5) to promote permanent, safe, and stable dis-
posal of mercury recovered through coal cleaning,
flue gas control systems, and other methods of mer-
cury pollution control;
(6) to reduce the use of mercury in cases in
which technologically and economically feasible alter-
natives are available;
(7) to educate the public concerning the collec-
tion, recycling, and proper disposal of mercury-con-
taining 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 mer-
cury; and
(10) to ensure that the health of sensitive popu-
lations, whether in the United States, Canada, or
Mexico, is protected, with an adequate margin of
safety, against adverse health effects caused by mer-
cury.
SEC. 3. MERCURY EMISSION STANDARDS FOR FOSSIL
FUEL-FIRED ELECTRIC UTILITY STEAM GEN-
ERATING UNITS.
Section 112 of the Clean Air Act (42 U.S.C. 7412)
is amended—
(1) by redesignating subsection (s) as sub-
section (x); and
(2) by inserting after subsection (r) the fol-
lowing:
‘‘(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 sub-
paragraph, the Administrator shall promulgate
regulations to establish standards for the emis-
sion of mercury and mercury compounds (col-
lectively referred to in this subsection as ‘mer-
cury’) 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 gener-
ating unit shall have an enforceable permit
issued under title V that complies with this sub-
section.
‘‘(C) PROCEDURES AND SCHEDULES FOR
COMPLIANCE WITH STANDARDS.—Each electric
utility steam generating unit shall achieve com-
pliance with the mercury emission standards es-
tablished under subparagraph (A) in accordance
with the procedures and schedules established
under subsection (i).
‘‘(2) STANDARDS AND METHODS.—
‘‘(A) MINIMUM
REQUIRED
EMISSION
RE-
DUCTION.—Subject to subparagraph (C), the
emission standards established under paragraph
(1)(A) shall require that each electric utility
steam generating unit reduce its annual pound-
age 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
POUND-
AGE 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 cal-
culate 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 deter-
mined under clause (ii) for the unit
for the calendar year; by
‘‘(II) the average mercury con-
tent 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 sub-
mitted to the Secretary of Energy on De-
partment of Energy Form 767.
‘‘(iii) 
AVERAGE
MERCURY
CON-
TENT.—
‘‘(I) SPECIFIC DATA.—The aver-
age mercury content per mmBtu of
fuel consumed by a unit shall be de-
termined using the best available data
from the Department of the Interior
and the Department of Energy that
characterize the average mercury con-
tent of the fuel consumed by the unit
during the calendar year.
‘‘(II) ESTIMATED DATA.—If spe-
cific mercury content data from the
Department of the Interior and the
Department of Energy are not avail-
able, the average mercury content
shall be estimated using the average
mercury content of fossil fuel from
mines or wells in the geographic re-
gion of each mine or well that supplies
the unit.
‘‘(C) EMISSION TRADING WITHIN A GENER-
ATING STATION.—
‘‘(i) IN GENERAL.—For the purpose
of this subsection, taking into consider-
ation the cost of achieving the emission re-
duction, the Administrator may allow emis-
sion 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 car-
rying out clause (i), the Administrator
shall use mercury emission data calculated
under paragraph (3)(D).
‘‘(D) CONTROL METHODS.—For the pur-
pose of achieving compliance with the emission
standards established under paragraph (1)(A),
the Administrator shall authorize methods of
control of mercury emissions, including meas-
ures 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 mer-
cury emissions when released from a proc-
ess, stack, storage, or fugitive emission
point;
‘‘(iv) consist of design, equipment,
work practice, or operational standards
(including requirements for operator train-
ing 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
CONDI-
TIONS.—
‘‘(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 Ad-
ministrator determines are necessary to en-
sure 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 Ad-
ministrator 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 deter-
mining compliance.
‘‘(iii) OTHER REQUIREMENTS.—
‘‘(I) IN GENERAL.—The require-
ments for monitoring and analysis
under 
this 
subparagraph 
shall
include—
‘‘(aa) 
such 
requirements
that result in a representative de-
termination 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 Ad-
ministrator does not require an elec-
tric utility steam generating unit to
use direct emission monitoring meth-
ods, the requirements under subclause
(I)(bb) shall, at a minimum, result in
representative determinations of mer-
cury in fuel as received by the electric
utility steam generating unit at such
frequencies as are sufficient to deter-
mine whether compliance with this
subsection is continuous.
‘‘(iv) EFFECT
ON
OTHER
LAW.—
Nothing in this subsection affects any con-
tinuous 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, mon-
itoring, compliance certification, and re-
porting requirements to ensure compliance
with the permit terms and conditions.
‘‘(ii) CONFORMITY WITH OTHER REG-
ULATIONS.—The monitoring and reporting
requirements shall conform to each appli-
cable regulation under subparagraph (B).
‘‘(iii) SIGNATURE.—Each report re-
quired under clause (i) and subparagraph
(B)(iii) shall be signed by a responsible of-
ficial of the electric utility steam gener-
ating 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 Ad-
ministrator shall calculate the baseline an-
nual average poundage of mercury emitted
per unit, which shall be equal to the prod-
uct obtained by multiplying—