mercial operation between January 1,
1995, 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
average of the fuel use data submitted
on the Forms for each full year of
commercial operation that begins on
or after January 1, 1995.
‘‘(III) UNITS
IN
COMMERCIAL
OPERATION LESS THAN 1 YEAR AS OF
180
DAYS
AFTER
ENACTMENT.—For
each unit that has not been in com-
mercial operation for at least 1 year
as of the date that is 180 days after
the date of enactment of this subpara-
graph, the Administrator may deter-
mine an interim baseline fuel con-
sumption by—
‘‘(aa) 
extrapolating 
from
monthly fuel use data available
for the unit; or
‘‘(bb) assigning a baseline
fuel consumption based on the
annual average of the fuel use
data submitted on the Forms for
other units that are of similar de-
sign and capacity.
‘‘(IV) UNITS
BEGINNING
COM-
MERCIAL OPERATION MORE THAN 180
DAYS AFTER ENACTMENT.—For each
unit that begins commercial operation
more than 180 days after the date of
enactment of this subparagraph, the
application for a permit issued in ac-
cordance with paragraph (1)(B) for
the unit shall include an initial base-
line fuel consumption that is based on
the maximum design capacity for the
unit.
‘‘(V) RECALCULATION AFTER EX-
TENDED PERIOD OF COMMERCIAL OP-
ERATION.—At such time as a unit de-
scribed in any of subclauses (II)
through (IV) has submitted fuel use
data for 3 consecutive years of com-
mercial operation on the Forms, the
Administrator shall recalculate the
baseline fuel consumption and make
modifications, as necessary, to the
mercury emission limitations con-
tained in the permit for the unit
issued in accordance with paragraph
(1)(B).
‘‘(iii) BASELINE
AVERAGE
MERCURY
CONTENT.—
‘‘(I) UNITS IN COMMERCIAL OP-
ERATION BEFORE JANUARY 1, 1995.—
In the case of a unit described in
clause (ii)(I), the baseline average
mercury content per mmBtu of fuel
consumed by a unit shall be deter-
mined using the best available data
from the Department of the Interior
and the Department of Energy (as
submitted to the Secretary of Energy
on Department of Energy Form EIA–
3A) that characterize the average
mercury content of the fuel consumed
by the unit during the 3-year period
described in clause (ii)(I).
‘‘(II) UNITS
BEGINNING
COM-
MERCIAL OPERATION BETWEEN JANU-
ARY 1, 1995, AND 180 DAYS AFTER EN-
ACTMENT.—In the case of a unit de-
scribed in clause (ii)(II), the baseline
average mercury content per mmBtu
of fuel consumed by a unit shall be
determined using the best available
data from the Department of the In-
terior and the Department of Energy
(as submitted to the Secretary of En-
ergy on Department of Energy Form
EIA–3A) that characterize the aver-
age mercury content of the fuel con-
sumed by the unit during each full
year of commercial operation that be-
gins on or after January 1, 1995.
‘‘(III) UNITS
IN
COMMERCIAL
OPERATION LESS THAN 1 YEAR AS OF
180 DAYS AFTER ENACTMENT.—In the
case of a unit described in clause
(ii)(III), the baseline average mercury
content per mmBtu of fuel consumed
by a unit shall be determined using
the best available data from the De-
partment of the Interior and the De-
partment of Energy (as submitted to
the Secretary of Energy on Depart-
ment of Energy Form EIA–3A) that
characterize the average mercury con-
tent of the fuel consumed by the
unit—
‘‘(aa) during the months
used for the extrapolation under
clause (ii)(III); or
‘‘(bb) based on the average
mercury content of fuel con-
sumed by other units that are of
similar design and capacity.
‘‘(IV) UNITS
BEGINNING
COM-
MERCIAL OPERATION MORE THAN 180
DAYS
AFTER
ENACTMENT.—In the
case of a unit described in clause
(ii)(IV), the baseline average mercury
content per mmBtu of fuel consumed
by a unit shall be determined using
the best available data from the De-
partment of the Interior and the De-
partment of Energy (as submitted to
the Secretary of Energy on Depart-
ment of Energy Form EIA–3A), or
data submitted by the unit under sub-
paragraph (B)(iii), that characterize
the average mercury content of the
fuel consumed by the unit based on
the maximum design capacity for the
unit.
‘‘(V) ESTIMATED DATA.—If mer-
cury content data described in clauses
(I) through (IV) are not available, the
baseline average mercury content shall
be estimated using the average mer-
cury content of coal mined or oil pro-
duced in the geographic region of each
mine or well that supplies the unit.
‘‘(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, coal cleaning, or another
method is disposed of in a manner that en-
sures 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 SLUDGES
AND
WASTES.—The regulations promul-
gated by the Administrator under para-
graph (1)(A) shall ensure that mercury-
containing sludges and wastes are handled
and disposed of in accordance with all ap-
plicable Federal and State laws (including
regulations).
‘‘(B) RESEARCH
PROGRAM.—To promote
permanent and cost-effective disposal of mer-
cury from coal- and oil-fired commercial and in-
dustrial boiler units, the Administrator shall es-
tablish a program of long-term research to de-
velop and disseminate information on methods
and techniques such as separating, solidifying,
recycling, and encapsulating mercury-bearing
waste so that mercury does not volatilize, mi-
grate to ground water or surface water, or con-
taminate 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 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. MERCURY EMISSION STANDARDS FOR SOLID
WASTE INCINERATION UNITS.
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) SEPARATION
OF
MERCURY-CONTAINING
ITEMS.—
‘‘(A) PUBLICATION OF LIST.—
‘‘(i) IN
GENERAL.—Not later than
180 days after the date of enactment of
this subparagraph, the Administrator shall
publish a list of mercury-containing items
that shall be separated and removed from
the waste streams that feed solid waste in-
cineration units.
‘‘(ii) 
REQUIRED
ITEMS.—The 
list
shall include mercury-containing items
such as fluorescent light bulbs, batteries,
pharmaceuticals, laboratory chemicals and
reagents, electrical devices such as thermo-
stats, relays, and switches, and medical
and scientific instruments.
‘‘(iii) LABELING REQUIREMENT.—
‘‘(I) IN
GENERAL.—Except as
provided in subclause (II), to facilitate
the process of separating and remov-
ing items listed under clause (i), each
manufacturer of a listed item shall en-
sure that each item is clearly labeled
to indicate that the product contains
mercury.
‘‘(II) 
BUTTON
CELL
BAT-
TERIES.—In the case of button cell
batteries for which, due to size con-
straints, labeling described in sub-
clause (I) is not practicable, the pack-
aging shall indicate that the product
contains mercury.
‘‘(B) MONITORING AND ANALYSIS.—
‘‘(i) PROCEDURES
AND
METHODS.—
Not later than 180 days after the date of
enactment of this subparagraph, the Ad-
ministrator shall promulgate regulations
prescribing procedures and methods for—
‘‘(I) monitoring and analysis for
mercury emissions from solid waste
combustion flue gases; and
‘‘(II) 
determining 
compliance
with this paragraph.
‘‘(ii) INFORMATION.—Application of
the procedures and methods shall result in
reliable and timely information for deter-
mining compliance.
‘‘(C) PLAN.—
‘‘(i) REQUIREMENT.—Not later than
1 year after the date of enactment of this
subparagraph, each solid waste inciner-
ation unit that operates pursuant to a per-
mit described in paragraph (1) shall sub-
mit for review and approval by the Admin-
istrator (or, in the case of a solid waste in-
cineration unit located in a State acting
under a permit program approved under
title V, the State) a plan for—
‘‘(I) separating and removing
mercury-containing items listed by the
Administrator 
under 
subparagraph
(A) from the waste streams that feed
the solid waste incineration unit;
‘‘(II) subject to subtitle C of the
Solid Waste Disposal Act (42 U.S.C.
6921 et seq.), transferring the sepa-
rated waste to a recycling facility or a
treatment, storage, or disposal facility
permitted under that 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 accordance with clause
(ii).
‘‘(ii) PLAN APPROVAL.—
‘‘(I) DEADLINE.—The Adminis-
trator (or the State) shall determine
whether to approve or disapprove a
plan submitted under clause (i) not
later than 180 days after receipt of
the plan.
‘‘(II) PREFERENCE.—In deter-
mining whether to approve a plan, the
Administrator (or the State) shall give
preference to recycling or stabilization
of mercury-containing items over dis-
posal of the items.
‘‘(iii) AMENDED PLAN.—
‘‘(I) SUBMISSION.—If the Admin-
istrator (or the State) disapproves a
plan submitted under clause (i), the
solid waste incineration unit may sub-
mit an amended plan within 90 days
after the date of disapproval.
‘‘(II) APPROVAL.—The Adminis-
trator (or the State) shall approve or
disapprove the amended plan within
30 days after receipt of the plan.
‘‘(iv) PLAN
BY
ADMINISTRATOR
(OR
STATE).—
‘‘(I) IN GENERAL.—If an amend-
ed plan is not submitted to the Ad-
ministrator (or the State) within 90
days after the date of disapproval, or
if an amended plan has been submit-
ted and subsequently disapproved, the
Administrator (or the State) shall
issue a determination that it is nec-
essary for the Administrator (or the
State) to assume the duties of the
solid waste incineration unit concern-
ing the plan.
‘‘(II) PLAN.—Not later than 180
days after issuing the determination,
the Administrator (or the State) shall
develop, publish in the Federal Reg-
ister, implement, and enforce a plan
for the solid waste incineration unit
that meets the criteria specified in
clause (i) and ensures that full com-
pliance with the plan is achieved not
later than 18 months after the date of
publication of the plan.
‘‘(v) 
ENFORCEABILITY.—Upon 
ap-
proval by the Administrator (or the State)
of a plan submitted under clause (i), or
upon publication of a plan developed by
the Administrator (or the State) under
clause (iv), the plan shall be considered to
be an enforceable modification to any exist-
ing or new permit described in paragraph
(1) for the solid waste incineration unit.
‘‘(D) PERMIT REQUIREMENTS.—
‘‘(i) IN GENERAL.—Each permit de-
scribed in paragraph (1) shall specify in-
spection, entry, monitoring, compliance
certification, and reporting requirements to
ensure compliance with the permit terms
and conditions, including a requirement
that the permittee submit to the permit-
ting authority, not less often than every 90
days, the results of any required monitor-
ing.
‘‘(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.
‘‘(E) 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.
‘‘(F) 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 monitor-
ing and analysis reports submitted under
subparagraph (D).’’.
SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-AL-
KALI PLANTS.
Section 112 of the Clean Air Act (as amended by sec-
tion 4) is amended by inserting after subsection (t) the
following:
‘‘(u) 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
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—
‘‘(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—
‘‘(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) 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.—
‘‘(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).
‘‘(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-bearing 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.
‘‘(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 (u) the
following:
‘‘(v) 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 hazard-
ous waste-containing fuel in a cement kiln
as is regulated under section 3004(q) of
the Solid Waste Disposal Act (42 U.S.C.
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
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-
‘‘(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) 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 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)).
‘‘(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-bearing 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.—
‘‘(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,
2000, 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
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,
2000, 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
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,
1999, 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;
and