I 
107TH CONGRESS 
1ST SESSION H. R. 2729 
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, 2001 
Mr. ALLEN (for himself, Mr. SAXTON, Mr. BONIOR, Mr. WAXMAN, Mr. ABER-
CROMBIE, Ms. BALDWIN, Mr. BALDACCI, Mr. BARRETT of Wisconsin, Mr. 
CAPUANO, Mr. DELAHUNT, Mr. FERGUSON, Mr. HINCHEY, Mr. INSLEE, 
Mr. KENNEDY of Rhode Island, Ms. KILPATRICK, Mr. KUCINICH, Mr. 
LANTOS, Ms. LEE, Ms. MCKINNEY, Mrs. MALONEY of New York, Mr. 
GEORGE MILLER of California, Mr. NEAL of Massachusetts, Mr. OLVER, 
Mr. QUINN, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SERRANO, and Mr. 
STARK) introduced the following bill; which was referred to the Com-
mittee on Energy and 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. 
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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 2001’’. 
(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 
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subsist primarily on fish, are most at risk for mer-
cury-related health impacts such as neurotoxicity; 
(3) the National Academy of Sciences reports 
that 60,000 children are born each year in the 
United States at risk from neurodevelopmental ef-
fects due to exposure to methyl mercury; 
(4) 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; 
(5) 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; 
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(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; 
(6)(A) the Environmental Protection Agency re-
port described in paragraph (5), 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 
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(C) analysis conducted before the date of the 
Environmental Protection Agency report dem-
onstrates that mercury is being deposited into the 
waters of Canada; 
(7)(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) 40 states have issued fish advisories that 
warn certain individuals to restrict or avoid con-
suming mercury-contaminated fish from affected 
water bodies; 
(C) the health and environmental concern 
caused by mercury has encouraged some States to 
regulate mercury, including legislation such as man-
dating source separation; landfill and incinerator 
disposal bans; manufacturer requirements for prod-
uct labeling; phase-outs (i.e., banning sale of mer-
cury thermometers and novelties); notifications of 
products and formulations containing mercury; and 
extended producer responsibility; 
(D) the sale of mercury thermometers has been 
been banned by cities such as San Francisco, Cali-
fornia; Duluth and Fergus Falls, Minnesota; Ann 
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Arbor, Michigan; Dane County, Deforest and 
Stoughton Wisconsin; Freeport, Maine; and Boston, 
Massachusetts; and 
(E) the United States and Canada have agreed 
on a goal of virtual elimination of mercury from the 
transboundary waters of the 2 countries; 
(8) the presence of mercury in consumer prod-
ucts is of concern in light of the health consequences 
associated with exposure to mercury; 
(9) 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 
(10) 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 
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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; 
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(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.— 
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‘‘(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 
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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 90 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 multi-
plying— 
‘‘(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 
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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-
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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 90 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— 
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‘‘(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 in-
clude— 
‘‘(i) enforceable mercury emission 
standards; 
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‘‘(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.— 
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‘‘(I) IN GENERAL.—The require-
ments for monitoring and analysis 
under this subparagraph shall in-
clude— 
‘‘(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 
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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 
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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— 
‘‘(I) the baseline fuel consump-
tion determined under clause (ii) for 
the unit; by 
‘‘(II) the baseline average mer-
cury content determined under clause 
(iii) for the unit. 
‘‘(ii) 
BASELINE
FUEL
CONSUMP-
TION.— 
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‘‘(I) UNITS IN COMMERCIAL OP-
ERATION BEFORE JANUARY 1, 1996.— 
For each unit that began commercial 
operation before January 1, 1996, the 
baseline fuel consumption shall be 
equal to the annual average quantity 
of millions of British thermal units 
(referred to in this subparagraph as 
‘mmBtu’s’) consumed by the unit dur-
ing the period of calendar years 1996, 
1997, and 1998, as submitted annu-
ally to the Secretary of Energy on De-
partment of Energy Form 767 (re-
ferred to in this clause as ‘Form 
767’). 
‘‘(II) UNITS
BEGINNING
COM-
MERCIAL OPERATION BETWEEN JANU-
ARY 1, 1996, AND 180 DAYS AFTER EN-
ACTMENT.—Subject 
to 
subclause 
(III), for each unit that begins com-
mercial operation between January 1, 
1996, and the date that is 180 days 
after the date of enactment of this 
subparagraph, the baseline fuel con-
sumption shall be based on the annual 
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