other applicable requirement established under this 
Act or a standard issued under State law. 
‘‘(6) PUBLIC REPORTING OF DATA PERTAINING 
TO EMISSIONS OF MERCURY.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall annually make available to the public, 
through 1 or more published reports and 1 or 
more forms of electronic media, facility-specific 
mercury emission data for each coal- or oil-fired 
commercial or industrial boiler unit. 
‘‘(B) SOURCE
OF
DATA.—The emission 
data shall be taken from the monitoring and 
analysis reports submitted under paragraph 
(3)(C).’’. 
SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID 
WASTE INCINERATION UNITS. 
(a) 
SEPARATION
OF
MERCURY-CONTAINING 
ITEMS.—Section 3002 of the Solid Waste Disposal Act 
(42 U.S.C. 6922) is amended by adding at the end the 
following: 
‘‘(c) 
SEPARATION
OF
MERCURY-CONTAINING 
ITEMS.— 
‘‘(1) PUBLICATION OF LIST.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
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section, the Administrator shall publish a list of 
mercury-containing items that shall be required 
to be separated and removed from the waste 
streams that feed solid waste management fa-
cilities. 
‘‘(B) REQUIRED ITEMS.—The list shall in-
clude mercury-containing items such as fluores-
cent light bulbs, batteries, pharmaceuticals, lab-
oratory chemicals and reagents, electrical de-
vices such as thermostats, relays, and switches, 
and medical and scientific instruments such as 
mercury thermometers. 
‘‘(C) LABELING REQUIREMENT.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), to facilitate the process 
of separating and removing items listed 
under subparagraph (A), each manufac-
turer of a listed item shall ensure that 
each item is clearly labeled to indicate that 
the product contains mercury. 
‘‘(ii) BUTTON CELL BATTERIES AND 
OTHER SMALL MERCURY CONTAINING COM-
PONENTS.—In the case of button cell bat-
teries and other small mercury containing 
components for which, due to size con-
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straints, labeling described in clause (i) is 
not practicable, the packaging shall indi-
cate that the product contains mercury. 
‘‘(2) PLAN
REGARDING
SOLID
WASTE
CON-
TAINING LISTED MERCURY-CONTAINING ITEM.— 
‘‘(A) REQUIREMENT.—Not later than 1 
year after the date of enactment of this sub-
section, each person that transfers, directly or 
through a contractor, solid waste that may con-
tain a mercury-containing item listed under 
paragraph (1) to a solid waste management fa-
cility shall submit for review and approval by 
the Administrator (or, in the case of a solid 
waste management facility located in a State 
that has a State hazardous waste program au-
thorized under section 3006, the State) a plan 
for— 
‘‘(i) separating and removing mer-
cury-containing items listed by the Admin-
istrator under paragraph (1) from the 
waste streams that feed any solid waste 
management facility; 
‘‘(ii) subject to the other requirements 
of this subtitle, transferring the separated 
waste to a recycling facility or a treatment, 
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storage, or disposal facility that holds a per-
mit under this subtitle; 
‘‘(iii) monitoring and reporting on 
compliance with the plan; and 
‘‘(iv) achieving full compliance with 
the plan not later than 18 months after 
the date of approval of the plan in accord-
ance with subparagraph (B). 
‘‘(B) PLAN APPROVAL.— 
‘‘(i) DEADLINE.—The Administrator 
(or the State) shall determine whether to 
approve or disapprove a plan submitted 
under subparagraph (A) not later than 180 
days after the date of receipt of the plan. 
‘‘(ii) PREFERENCE.—In determining 
whether to approve a plan, the Adminis-
trator (or the State) shall give preference 
to recycling or stabilization of mercury- 
containing items over disposal of the items. 
‘‘(C) AMENDED PLAN.— 
‘‘(i) SUBMISSION.—If the Adminis-
trator (or the State) disapproves a plan, 
the person may submit an amended plan 
not later than 90 days after the date of 
disapproval. 
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‘‘(ii) APPROVAL.—The Administrator 
(or the State) shall approve or disapprove 
the amended plan not later than 30 days 
after the date of receipt of the plan. 
‘‘(D) 
PLAN
BY
ADMINISTRATOR
(OR 
STATE).— 
‘‘(i) IN
GENERAL.—If an amended 
plan is not submitted to the Administrator 
(or the State) within 90 days after the 
date of disapproval, or if an amended plan 
has been submitted and subsequently dis-
approved, the Administrator (or the State) 
shall issue a determination that it is nec-
essary for the Administrator (or the State) 
to promulgate a plan for the person. 
‘‘(ii) PLAN.—Not later than 180 days 
after issuing the determination, the Ad-
ministrator (or the State) shall develop, 
publish in the Federal Register (or submit 
to the Administrator for publication in the 
Federal Register), implement, and enforce 
a plan that meets the criteria specified in 
subparagraph (A) and ensures that full 
compliance with the plan will be achieved 
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not later than 18 months after the date of 
publication of the plan. 
‘‘(E) ENFORCEABILITY.—Upon approval 
by the Administrator (or the State) of a plan 
submitted under subparagraph (A), or upon 
publication of a plan developed by the Adminis-
trator (or the State) under subparagraph (D), 
the plan shall be enforceable under this Act. 
‘‘(3) MERCURY THERMOMETERS.— 
‘‘(A) IN GENERAL.—Effective January 1, 
2002, no person shall sell or supply mercury 
thermometers to consumers unless medically 
mandated. 
‘‘(B) BREAKAGE.—Mercury thermometers 
shall contain instructions on how to properly 
handle and clean up should breakage occur. 
‘‘(C) GRANT
PROGRAM.—The Adminis-
trator shall provide for the coordination, plan-
ning, and implementation of a mercury ther-
mometer trade-in program. In carrying out 
such program, the Administrator may make 
grants to public and nonprofit private entities, 
including State governments, municipal authori-
ties, and health care facilities.’’. 
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(b) SOLID WASTE INCINERATION UNIT MERCURY 
EMISSION MONITORING AND ANALYSIS.—Section 129(e) 
of the Clean Air Act (42 U.S.C. 7429(e)) is amended— 
(1) by striking ‘‘Beginning (1) 36’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Beginning (A) 36’’; 
(2) in the first sentence, by redesignating para-
graph (2) as subparagraph (B); and 
(3) by adding at the end the following: 
‘‘(2) SOLID WASTE INCINERATION UNIT MER-
CURY EMISSION MONITORING AND ANALYSIS.— 
‘‘(A) PROCEDURES AND METHODS.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this subparagraph, the Administrator shall 
promulgate regulations prescribing proce-
dures and methods for— 
‘‘(I) monitoring and analysis for 
mercury emissions from solid waste 
combustion flue gases; 
‘‘(II) preventing mercury which 
can not be retorted from being dis-
posed of by incineration; and 
‘‘(III) 
determining 
compliance 
with this paragraph. 
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‘‘(ii) INFORMATION.—Application of 
the procedures and methods shall result in 
reliable and timely information for deter-
mining compliance. 
‘‘(B) PERMIT REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Each permit de-
scribed in paragraph (1) shall specify in-
spection, entry, monitoring, compliance 
certification, and reporting requirements 
with respect to mercury to ensure compli-
ance with the permit terms and conditions, 
including a requirement that the permittee 
submit to the permitting authority, not less 
often than every 90 days, the results of 
any required monitoring. 
‘‘(ii) SIGNATURE.—Each report re-
quired under clause (i) shall be signed by 
a responsible official of the solid waste in-
cineration unit or by a municipal official, 
who shall certify the accuracy of the re-
port. 
‘‘(C) ESTABLISHMENT OF MAXIMUM MER-
CURY EMISSION RATE.— 
‘‘(i) DETERMINATION BY THE ADMIN-
ISTRATOR.—Based on the reports required 
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to be submitted under subparagraph (B)(i) 
36 months, 39 months, and 42 months 
after the date of enactment of this sub-
paragraph, the Administrator (or the 
State) shall make a determination as to 
whether the solid waste incinerator unit 
has achieved and is continuously maintain-
ing a mercury emission rate of not more 
than 0.080 milligrams per dry standard 
cubic meter. 
‘‘(ii) REQUIREMENT
OF
INSTALLA-
TION OF CONTROLS.—If the mercury emis-
sion rate specified in clause (i) is not 
achieved and maintained over the period 
covered by the reports referred to in clause 
(i), or over any 2 out of 3 reporting peri-
ods thereafter, the Administrator shall re-
quire that the solid waste incineration unit 
install control equipment and techniques 
that will, within 3 years, result in a mer-
cury emission rate by the unit of not more 
than 0.060 milligrams per dry standard 
cubic meter. 
‘‘(iii) 
ENFORCEABILITY.—The 
re-
quirements of this subparagraph shall be 
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an enforceable modification to any existing 
or new permit described in paragraph (1) 
for the solid waste incineration unit. 
‘‘(D) OTHER
REQUIREMENTS.—An emis-
sion standard or other requirement promulgated 
under this subsection does not diminish or re-
place any requirement of a more stringent emis-
sion limitation or other applicable requirement 
established under this Act or a standard issued 
under State law. 
‘‘(E) PUBLIC REPORTING OF DATA PER-
TAINING TO EMISSIONS OF MERCURY.— 
‘‘(i) IN GENERAL.—The Administrator 
shall annually make available to the public, 
through 1 or more published reports and 1 
or more forms of electronic media, facility- 
specific mercury emission data for each 
solid waste incineration unit. 
‘‘(ii) SOURCE
OF
DATA.—The emis-
sion data shall be taken from the moni-
toring and analysis reports submitted 
under subparagraph (B).’’. 
(c) PHASEOUT OF MERCURY IN PRODUCTS.—Section 
112 of the Clean Air Act (as amended by section 4) is 
amended by inserting after subsection (t) the following: 
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‘‘(u) PHASEOUT OF MERCURY IN PRODUCTS.— 
‘‘(1) DEFINITION OF MANUFACTURER.—In this 
subsection, the term ‘manufacturer’ includes an im-
porter for resale. 
‘‘(2) PROHIBITION
ON
SALE.—Beginning 3 
years after the date of enactment of this paragraph, 
a manufacturer shall not sell any mercury-con-
taining product, whether manufactured domestically, 
imported, or manufactured for export, unless the 
manufacturer has applied for and has been granted 
by the Administrator an exemption from the prohibi-
tion on sale specified in this paragraph. 
‘‘(3) PROCEDURES
FOR
MAKING
EXEMPTION 
APPLICATION DETERMINATIONS.—Before making a 
determination on an application, the Administrator 
shall— 
‘‘(A) publish notice of the application in 
the Federal Register; 
‘‘(B) provide a public comment period of 
60 days; and 
‘‘(C) conduct a hearing on the record. 
‘‘(4) CRITERIA FOR EXEMPTION.—In making a 
determination on an application, the Administrator 
may grant an exemption from the prohibition on sale 
only if— 
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‘‘(A) the Administrator determines that 
the mercury-containing product is a product the 
use of which is essential; 
‘‘(B) the Administrator determines that 
there is no comparable product that does not 
contain mercury and that is available in the 
marketplace at a reasonable cost; and 
‘‘(C) through documentation submitted by 
the manufacturer, the Administrator determines 
that the manufacturer has established a pro-
gram to take back, after use by the consumer, 
all mercury-containing products subject to the 
exemption that are manufactured after the date 
of approval of the application. 
‘‘(5) TERM OF EXEMPTION.— 
‘‘(A) IN GENERAL.—An exemption may be 
granted for a period of not more than 3 years. 
‘‘(B) RENEWALS.—Renewal of an exemp-
tion shall be carried out in accordance with 
paragraphs (3) and (4). 
‘‘(6) PUBLICATIONS
IN
THE
FEDERAL
REG-
ISTER.—The Administrator shall publish in the Fed-
eral Register— 
‘‘(A) a description of each exemption appli-
cation approval or denial; and 
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‘‘(B) on an annual basis, a list of products 
for which exemptions have been granted under 
this subsection.’’. 
SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-AL-
KALI PLANTS. 
Section 112 of the Clean Air Act (as amended by sec-
tion 5(c)) is amended by inserting after subsection (u) the 
following: 
‘‘(v) MERCURY EMISSION STANDARDS FOR CHLOR- 
ALKALI PLANTS.— 
‘‘(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 direct 
and fugitive emission of mercury and mercury 
compounds (collectively referred to in this sub-
section as ‘mercury’) applicable to existing and 
new chlor-alkali plants that use the mercury cell 
production process (referred to in this sub-
section as ‘mercury cell chlor-alkali plants’). 
‘‘(B) PERMIT
REQUIREMENT.—Not later 
than 2 years after the date of enactment of this 
subparagraph, each mercury cell chlor-alkali 
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plant shall have an enforceable permit issued 
under title V that complies with this subsection. 
‘‘(C) PROCEDURES AND SCHEDULES FOR 
COMPLIANCE
WITH
STANDARDS.—Each mer-
cury cell chlor-alkali plant shall achieve compli-
ance 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.—The emission standards established 
under paragraph (1)(A) shall require that each 
mercury cell chlor-alkali plant reduce its annual 
poundage of direct and fugitive mercury emit-
ted below its mercury emission baseline, as de-
termined by the Administrator, by not less than 
95 percent. 
‘‘(B) 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 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, or through evaporation of a spill; 
‘‘(iv) consist of design, equipment, 
manufacturing process, work practice, or 
operational standards (including require-
ments for operator training or certification 
or spill prevention) in accordance with sub-
section (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— 
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‘‘(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. 
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‘‘(iii) 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) shall be signed by 
a responsible official of the mercury cell 
chlor-alkali plant, who shall certify the ac-
curacy of the report. 
‘‘(4) 
DISPOSAL
OF
MERCURY
CAPTURED 
THROUGH EMISSION CONTROLS.— 
‘‘(A) IN GENERAL.— 
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‘‘(i) CAPTURED OR RECOVERED MER-
CURY.—The regulations promulgated by 
the Administrator under paragraph (1)(A) 
shall ensure that mercury that is captured 
or recovered through the use of an emis-
sion control or another method is disposed 
of in a manner that ensures that— 
‘‘(I) the hazards from mercury 
are not transferred from 1 environ-
mental medium to another; and 
‘‘(II) there is no release of mer-
cury into the environment (as the 
terms ‘release’ and ‘environment’ are 
defined in section 101 of the Com-
prehensive Environmental Response, 
Compensation, and Liability Act of 
1980 (42 U.S.C. 9601)). 
‘‘(ii) 
MERCURY-CONTAINING 
WASTES.—The regulations promulgated by 
the Administrator under paragraph (1)(A) 
shall 
ensure 
that 
mercury-containing 
wastes are handled and disposed of in ac-
cordance with all applicable Federal and 
State laws (including regulations). 
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‘‘(B) RESEARCH
PROGRAM.—To promote 
permanent and cost-effective disposal of mer-
cury from mercury cell chlor-alkali plants, the 
Administrator shall establish a program of long- 
term research to develop and disseminate infor-
mation on methods and techniques such as sep-
arating, solidifying, recycling, and encapsulating 
mercury-containing waste so that mercury does 
not volatilize, migrate to ground water or sur-
face water, or contaminate the soil. 
‘‘(5) OTHER
REQUIREMENTS.—An emission 
standard or other requirement promulgated under 
this subsection does not diminish or replace any re-
quirement of a more stringent emission limitation or 
other applicable requirement established under this 
Act or a standard issued under State law. 
‘‘(6) PUBLIC REPORTING OF DATA PERTAINING 
TO EMISSIONS OF MERCURY.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall annually make available to the public, 
through 1 or more published reports and 1 or 
more forms of electronic media, facility-specific 
mercury emission data for each mercury cell 
chlor-alkali plant. 
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‘‘(B) SOURCE
OF
DATA.—The emission 
data shall be taken from the monitoring and 
analysis reports submitted under paragraph 
(3)(C).’’. 
SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND 
CEMENT PLANTS. 
Section 112 of the Clean Air Act (as amended by sec-
tion 6) is amended by inserting after subsection (v) the 
following: 
‘‘(w) MERCURY EMISSION STANDARDS FOR PORT-
LAND CEMENT PLANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REGULATIONS.—Not later than 180 
days after the date of enactment of this sub-
paragraph, the Administrator shall promulgate 
regulations— 
‘‘(i) to establish standards for the 
control of direct dust emission of mercury 
and mercury compounds (collectively re-
ferred to in this subsection as ‘mercury’) 
from crushers, mills, dryers, kilns (exclud-
ing emission from such burning of haz-
ardous waste-containing fuel in a cement 
kiln as is regulated under section 3004(q) 
of the Solid Waste Disposal Act (42 U.S.C. 
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6924(q)), and clinker coolers at existing 
and new Portland cement plants; and 
‘‘(ii) to establish standards for the 
control of fugitive dust emission of mer-
cury from storage, transport, charging, 
and discharging operations at existing and 
new Portland cement plants. 
‘‘(B) PERMIT
REQUIREMENT.—Not later 
than 2 years after the date of enactment of this 
subparagraph, each Portland cement plant shall 
have an enforceable permit issued under title V 
that complies with this subsection. 
‘‘(C) PROCEDURES AND SCHEDULES FOR 
COMPLIANCE
WITH
STANDARDS.—Each Port-
land cement plant shall achieve compliance with 
the mercury emission standards established 
under subparagraph (A) in accordance with the 
procedures and schedules established under 
subsection (i). 
‘‘(2) STANDARDS AND METHODS.— 
‘‘(A) MINIMUM
REQUIRED
EMISSION
RE-
DUCTION.—The emission standards established 
under paragraph (1)(A) shall require that each 
Portland cement plant reduce its annual pound-
age of direct and fugitive mercury emitted 
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below its mercury emission baseline, as deter-
mined by the Administrator, by not less than 
95 percent. 
‘‘(B) 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 other 
method; 
‘‘(ii) enclose systems, processes, or 
storage 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, 
manufacturing process, work practice, or 
operational standards (including require-
ments for operator training or certifi-
cation) in accordance with subsection (h); 
or 
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‘‘(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; 
‘‘(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— 
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‘‘(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) 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). 
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‘‘(iii) SIGNATURE.—Each report re-
quired under clause (i) shall be signed by 
a responsible official of the Portland ce-
ment plant, who shall certify the accuracy 
of the report. 
‘‘(4) 
DISPOSAL
OF
MERCURY
CAPTURED 
THROUGH EMISSION CONTROLS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) CAPTURED OR RECOVERED MER-
CURY.—The regulations promulgated by 
the Administrator under paragraph (1)(A) 
shall ensure that mercury that is captured 
or recovered through the use of an emis-
sion control or another method is disposed 
of in a manner that ensures that— 
‘‘(I) the hazards from mercury 
are not transferred from 1 environ-
mental medium to another; and 
‘‘(II) there is no release of mer-
cury into the environment (as the 
terms ‘release’ and ‘environment’ are 
defined in section 101 of the Com-
prehensive Environmental Response, 
Compensation, and Liability Act of 
1980 (42 U.S.C. 9601)). 
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‘‘(ii) 
MERCURY-CONTAINING 
WASTES.—The regulations promulgated by 
the Administrator under paragraph (1)(A) 
shall 
ensure 
that 
mercury-containing 
wastes are handled and disposed of in ac-
cordance with all applicable Federal and 
State laws (including regulations). 
‘‘(B) RESEARCH
PROGRAM.—To promote 
permanent and cost-effective disposal of mer-
cury from Portland cement plants, the Adminis-
trator shall establish a program of long-term re-
search to develop and disseminate information 
on methods and techniques such as separating, 
solidifying, recycling, and encapsulating mer-
cury-containing waste so that mercury does not 
volatilize, migrate to ground water or surface 
water, or contaminate the soil. 
‘‘(5) OTHER
REQUIREMENTS.—An emission 
standard or other requirement promulgated under 
this subsection does not diminish or replace any re-
quirement of a more stringent emission limitation or 
other applicable requirement established under this 
Act or a standard issued under State law. 
‘‘(6) PUBLIC REPORTING OF DATA PERTAINING 
TO EMISSIONS OF MERCURY.— 
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‘‘(A) IN
GENERAL.—The Administrator 
shall annually make available to the public, 
through 1 or more published reports and 1 or 
more forms of electronic media, facility-specific 
mercury emission data for each Portland ce-
ment plant. 
‘‘(B) SOURCE
OF
DATA.—The emission 
data shall be taken from the monitoring and 
analysis reports submitted under paragraph 
(3)(C).’’. 
SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMIS-
SION STANDARDS FOR MEDICAL WASTE IN-
CINERATORS. 
(a) IN GENERAL.—Not later than December 31, 
2002, the Administrator of the Environmental Protection 
Agency shall submit to Congress a report on the extent 
to which the annual poundage of mercury and mercury 
compounds emitted by each medical waste incinerator in 
the United States has been reduced below the baseline for 
the medical waste incinerator determined under subsection 
(b). 
(b) BASELINE.— 
(1) USE OF ACTUAL DATA.—As a baseline for 
measuring emission reductions, the report shall use 
the mercury and mercury compound emission data 
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that were submitted or developed during the process 
of permitting of the medical waste incinerator under 
the Clean Air Act (42 U.S.C. 7401 et seq.). 
(2) LACK OF ACTUAL DATA.—If the data de-
scribed in paragraph (1) are not available, the Ad-
ministrator shall develop an estimate of baseline 
mercury emissions based on other sources of data 
and the best professional judgment of the Adminis-
trator. 
SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMIS-
SION STANDARDS FOR HAZARDOUS WASTE 
COMBUSTORS. 
(a) IN GENERAL.—Not later than December 31, 
2003, the Administrator of the Environmental Protection 
Agency shall submit to Congress a report on the extent 
to which the annual poundage of mercury and mercury 
compounds emitted by each hazardous waste combustor 
in the United States has been reduced below the baseline 
for the hazardous waste combustor determined under sub-
section (b). 
(b) BASELINE.— 
(1) USE OF ACTUAL DATA.—As a baseline for 
measuring emission reductions, the report shall use 
the mercury and mercury compound emission data 
that were submitted or developed during the process 
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of permitting of the hazardous waste combustor 
under the Clean Air Act (42 U.S.C. 7401 et seq.). 
(2) LACK OF ACTUAL DATA.—If the data de-
scribed in paragraph (1) are not available, the Ad-
ministrator shall develop an estimate of baseline 
mercury emissions based on other sources of data 
and the best professional judgment of the Adminis-
trator. 
SEC. 10. REPORT ON USE OF MERCURY AND MERCURY 
COMPOUNDS BY DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Not later than December 31, 
2002, the Secretary of Defense shall submit to Congress 
a report on the use of mercury and mercury compounds 
by the Department of Defense. 
(b) CONTENTS.—In the report, the Secretary of De-
fense shall describe— 
(1) measures that the Department of Defense is 
carrying out to reduce the use and emissions of mer-
cury and mercury compounds by the Department; 
(2) measures that the Department of Defense is 
carrying out to stabilize or recycle discarded mer-
cury or discarded mercury-containing products; and 
(3) measures that the Department of Defense is 
carrying out to stabilize and retire its stockpiled 
mercury. 
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