I 
111TH CONGRESS 
2D SESSION 
H. R. 5674 
To amend the Clean Air Act to require reductions in mercury emissions 
from electric utility steam generating units, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2010 
Mr. COSTA introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Clean Air Act to require reductions in mercury 
emissions from electric utility steam generating units, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mercury Reduction 
and Energy Security Act of 2010’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Environmental Protection Agency 
(‘‘EPA’’) was required by the terms of the Clean Air 
Act Amendments of 1990 and a 1998 consent agree-
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ment to determine whether regulation of mercury 
from electric utility steam generating units under 
section 112 of the Clean Air Act was appropriate 
and necessary. 
(2) In a December 2000, regulatory finding, the 
EPA concluded that regulation of mercury from 
electric utility steam generating units was appro-
priate and necessary. 
(3) In 2005, the EPA withdrew its 2000 regu-
latory finding in favor of a national cap-and-trade 
system for mercury emissions from electric utility 
steam generating units, the Clean Air Mercury Rule 
(‘‘CAMR’’). 
(4) CAMR was subsequently challenged in peti-
tions for review filed by 17 States. 
(5) The United States Court of Appeals for the 
District of Columbia Circuit vacated the rule on 
February 8, 2008, finding that once the EPA had 
listed electric utility steam generating units as a 
source of hazardous air pollutants, it was required 
by law to proceed with Maximum Achievable Control 
Technology (‘‘MACT’’) regulations under section 
112 of the Clean Air Act unless it delisted the 
source category, under procedures set forth in sec-
tion 112(c)(9). 
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(6) Mercury control technologies for coal-fired 
electric utility steam generating units have advanced 
rapidly in the last few years. 
(b) PURPOSE.—The purpose of this Act is to protect 
public health and welfare, and the environment, through 
mercury emission reductions from electric utility steam 
generating units. 
SEC. 3. MERCURY EMISSION REDUCTIONS. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by adding at the end the following new title: 
‘‘TITLE VII—MERCURY 
REDUCTIONS 
‘‘SEC. 701. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AFFECTED
UNIT.—The term ‘affected 
unit’ means a coal-fired electric steam generating 
unit (including a cogeneration unit) that— 
‘‘(A) has a nameplate capacity greater 
than 25 megawatts; and 
‘‘(B) generates electricity for sale. 
‘‘(2) COGENERATION UNIT.—The term ‘cogen-
eration unit’ means a stationary, coal-fired boiler or 
a stationary, coal-fired combustion turbine having 
equipment used to produce electricity and useful 
thermal energy for industrial, commercial, heating, 
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or cooling purposes through the sequential use of en-
ergy that produces during the 12-month period 
starting on the date the unit first produces elec-
tricity and during any calendar year after which the 
unit first produces electricity— 
‘‘(A) for a topping-cycle cogeneration 
unit— 
‘‘(i) useful thermal energy not less 
than 5 percent of total energy output; and 
‘‘(ii) useful power that, when added to 
one-half of useful thermal energy pro-
duced, is not less than— 
‘‘(I) 42.5 percent of total energy 
input if useful thermal energy pro-
duced is 15 percent or more of total 
energy output; or 
‘‘(II) 45 percent of total energy 
input if useful thermal energy pro-
duced is less than 15 percent of total 
energy output; and 
‘‘(B) for a bottoming-cycle cogeneration 
unit, useful power not less than 45 percent of 
total energy input. 
‘‘(3) INLET MERCURY.—The term ‘inlet mer-
cury’ means the quantity of mercury found— 
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‘‘(A) in the as-fired coal used by an af-
fected unit; or 
‘‘(B) for an affected unit using coal that is 
subjected to an advanced coal cleaning tech-
nology, in the as-mined coal used by the af-
fected unit. 
‘‘SEC. 702. MERCURY REDUCTION PROGRAM. 
‘‘(a) ANNUAL LIMITATION FOR AFFECTED UNITS.— 
Except as provided in subsection (f), an affected unit in 
operation before or after the date of enactment of this title 
shall be subject to the following emission limitations on 
an annual average calendar year basis with respect to mer-
cury: 
‘‘(1) CALENDAR YEARS 2012 THROUGH 2014.— 
For the period beginning on January 1, 2012, and 
ending on December 31, 2014, the less stringent 
limitation of the following (calculated on a one-year 
rolling average): 
‘‘(A) 80 percent capture of inlet mercury. 
‘‘(B) An emission rate of 1.60 pounds of 
mercury per trillion British thermal units of 
input coal. 
‘‘(2) CALENDAR
YEAR
2015
AND
THERE-
AFTER.—For calendar year 2015 and each calendar 
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year thereafter, the less stringent limitation of the 
following (calculated on a one-year rolling average): 
‘‘(A) 90 percent capture of inlet mercury. 
‘‘(B) An emission rate of 0.80 pounds of 
mercury per trillion British thermal units of 
input coal. 
‘‘(b) AVERAGING ACROSS UNITS WITHIN A FACILITY 
OR STATE.—(1) An owner or operator of more than one 
affected unit at a single facility may demonstrate compli-
ance with the applicable annual average emission limita-
tions under subsection (a) by averaging emissions from all 
affected units at that facility, weighted by total input coal 
British thermal units. 
‘‘(2) An owner or operator of more than one affected 
unit or units within a State may demonstrate compliance 
with the applicable annual average emission limitations 
under subsection (a) by averaging emissions from all af-
fected units owned or operated by that owner or operator 
within such State, weighted by total input coal British 
thermal units, if all affected units are owned or operated 
by the same entity. 
‘‘(3) If an affected unit is owned or operated by more 
than one entity, the State in which the affected unit is 
located shall allocate to each such owner or operator an 
appropriate portion of the generation from the affected 
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unit for purposes of averaging emissions pursuant to para-
graph (1) or (2). 
‘‘(c) REFERENCE METHODS FOR MEASURING MER-
CURY EMISSIONS.—(1) The owner or operator of an af-
fected unit shall use any of the following methods as a 
reference method to calibrate the instruments used to 
measure the mercury concentration in emissions from af-
fected units: 
‘‘(A) ASTM D6784–02, ‘Standard Test 
Method for Elemental, Oxidized, Particle- 
Bound and Total Mercury in Flue Gas Gen-
erated from Coal-Fired Stationary Sources’ 
(Ontario Hydro Method). 
‘‘(B) 40 C.F.R. Part 60, Appendix A–8, 
Method 29, ‘Determination of Metals Emissions 
from Stationary Sources’. 
‘‘(C) 40 C.F.R. Part 60, Appendix A–8, 
Method 30A, ‘Determination of Total Vapor 
Phase Mercury Emissions from Stationary 
Sources (Instrumental Analyzer Procedure)’. 
‘‘(D) 40 C.F.R. Part 60, Appendix A–8, 
Method 30B, ‘Determination of Total Vapor 
Phase Mercury Emissions from Coal-Fired 
Combustion Sources Using Carbon Sorbent 
Traps’. 
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‘‘(2) The Administrator may revise or supplement the 
list of permitted methods set forth in paragraph (1) to 
reflect improvements or other developments in the meas-
urement of mercury emissions from coal-fired electric 
steam generating units. 
‘‘(d) MONITORING SYSTEM.—(1) The owner or oper-
ator of an affected unit shall install and operate a contin-
uous emissions monitoring system (CEMS) to measure the 
quantity of mercury that is emitted from each affected 
unit. 
‘‘(2) For purposes of complying with paragraph (1), 
the owner or operator of an affected unit may use— 
‘‘(A) any CEMS that meets the requirements in 
Performance Specification 12A (PS–12A), ‘Speci-
fications and Test Procedures for Total Vapor-Phase 
Mercury Continuous Monitoring Systems in Sta-
tionary Sources’; 
‘‘(B) a mercury concentration CEMS that 
meets the requirements of 40 C.F.R. Part 75; or 
‘‘(C) a sorbent trap monitoring system that 
meets the requirements of 40 C.F.R. 75.15 and 40 
C.F.R. Part 75, Appendix K, ‘Quality Assurance 
and Operating Procedures for Sorbent Trap Moni-
toring Systems’; 
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‘‘(3) The Administrator may revise or supple-
ment the list of permitted monitoring systems set 
forth in paragraph (2) to reflect improvements or 
other developments in mercury emissions reduction 
technologies and mercury emissions monitoring sys-
tems. 
‘‘(e) EXCESS EMISSIONS.—(1) Except as provided in 
subsection (f), the owner or operator of an affected unit 
that emits mercury in excess of the applicable annual aver-
age emission limitation under subsection (a) shall pay an 
excess emissions penalty determined under paragraph (2). 
‘‘(2) The excess emissions penalty for mercury shall 
be an amount equal to $50,000 for each pound of mercury 
emitted in excess of the applicable annual average emis-
sion limitation under subsection (a). Such penalty shall 
be prorated for each fraction of a pound. 
‘‘(f) BEST PRACTICES.—(1) Effective, January 1, 
2015, if the owner or operator of any affected unit fails 
to achieve the annual average emission limitation under 
subsection (a)(2), such owner or operator may notify the 
Administrator of such failure prior to March 1, 2015, and 
request an alternate emissions limitation for mercury with 
respect to such affected unit. Such owner or operator shall 
submit to the Administrator mercury emissions data 
measured by a CEMS that complies with subsection (d) 
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for evaluation. If the Administrator determines that such 
owner or operator has properly installed and operated 
such CEMS and control technology designed to achieve 
such annual average emission limitation and is unable to 
meet such limitation, the Administrator may, not later 
than April 1, 2016, establish an alternate emissions limi-
tation for mercury with respect to such affected unit based 
on the optimal performance of properly installed and oper-
ated control technology. 
‘‘(2) With respect to any affected unit, for any year 
for which an alternate emissions limitation for mercury 
is in place for such affected unit, the Administrator may 
review such alternate emissions limitation and impose a 
more stringent emissions limitation for mercury for the 
subsequent year based on new data regarding the dem-
onstrated control capabilities of the type of control tech-
nology installed and operated at such affected unit. 
‘‘(3)(A) Except as provided in subparagraph (B), an 
owner or operator of an affected unit failing to achieve 
the annual average emission limitation under subsection 
(a)(2) that notifies the Administrator of such failure and 
requests and alternate emissions limitation for mercury 
pursuant to paragraph (1) shall be considered in compli-
ance with this section (and not subject to any excess emis-
sions penalty) for the period beginning on January 1, 
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2015, and ending on the date such an alternate emissions 
limitation is implemented. 
‘‘(B) An owner or operator described in subparagraph 
(A) shall pay an excess emissions penalty, as determined 
under subsection (e)(2), for the period described in such 
subparagraph, if such owner or operator operates or main-
tains the affected unit, including any associated air pollu-
tion control equipment, in a manner that is inconsistent 
with good air pollution control practices for the minimiza-
tion of mercury emissions, as determined by the Adminis-
trator. In determining whether the owner or operator of 
the affected unit operates and maintains the affected unit 
in a manner that is consistent with good air pollution con-
trol practices for the minimization of mercury emissions, 
the Administrator may review the emissions monitoring 
data and operating and maintenance procedures of the af-
fected unit and may inspect the affected unit. 
‘‘(4)(A) With respect to any affected unit for which 
an alternate emissions limitation for mercury is in place 
under this subsection, the owner or operator of such af-
fected unit that emits mercury in excess of such alternate 
emissions limitation shall pay an excess emissions penalty 
determined under subparagraph (B). 
‘‘(B) The excess emissions penalty for mercury for 
an owner or operator of an affected unit described in sub-
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paragraph (A) shall be an amount equal to $50,000 for 
each pound of mercury emitted in excess of the alternate 
emissions limitation for mercury in place for such affected 
unit. Such penalty shall be prorated for each fraction of 
a pound. 
‘‘(g) SOLE LIMITATION ON MERCURY.—This title 
shall apply the sole emission standard or limitation under 
this Act with regard to the emission of mercury from elec-
tric utility steam generating units and shall supersede any 
other such requirement under section 112 or any other 
provision of this Act. 
‘‘(h) RELATIONSHIP
TO OTHER LAW.—Except as 
otherwise specifically provided in this title, nothing in this 
title precludes a State or political subdivision of a State 
from adopting or enforcing any additional requirements 
for the control or abatement of mercury emissions, except 
that no State or political subdivision thereof shall adopt 
or attempt to enforce any standard relating to the reduc-
tion or control of mercury emissions from electric utility 
steam generating units that is less stringent than the 
standards provided in this title.’’. 
Æ 
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