SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Omnibus Mercury Emissions Reduction Act of 1998’’.
(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. Mercury emission standards for 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 medi-
cal 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 (w); and
(2) by inserting after subsection (r) the follow-
ing:
‘‘(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-
‘‘(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 carry-
ing 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 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) OTHER REQUIREMENTS.—
‘‘(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
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.—
ARY 1, 1995, AND 180 DAYS AFTER EN-
ACTMENT.—Subject 
to 
subclause
(III), for each unit that begins com-
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 Form 767 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 Form 767 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 Form 767, 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 that
characterize the average mercury con-
tent 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
that characterize the average mercury
content of the fuel consumed by the
unit during each full year of commer-
cial operation that begins 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 that characterize
the average mercury content 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, or data submit-
ted by the unit under subparagraph
(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 fossil fuel from mines
or wells 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 electric utility steam generating
units, the Administrator shall establish a pro-
gram of long-term research to develop and dis-
seminate information on methods and tech-
niques such as separating, solidifying, recycling,
and encapsulating mercury-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 electric utility
steam generating unit.
‘‘(B) SOURCE
OF
DATA.—The emission
data shall be taken from the monitoring and
analysis reports submitted under paragraph
(3)(C).’’.
SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND
OIL-FIRED COMMERCIAL AND INDUSTRIAL
BOILER UNITS.
Section 112 of the Clean Air Act (as amended by sec-
tion 3) is amended by inserting after subsection (s) the
following:
‘‘(t) MERCURY EMISSION STANDARDS FOR COAL-
AND OIL-FIRED COMMERCIAL AND INDUSTRIAL BOILER
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 coal- and
oil-fired commercial and industrial boiler units
that have a maximum design heat input capac-
ity of 10 mmBtu per hour or greater.
‘‘(B) PERMIT
REQUIREMENT.—Not later
than 2 years after the date of enactment of this
subparagraph, each coal- or oil-fired commercial
or industrial boiler unit shall have an enforce-
able permit issued under title V that complies
with this subsection.
‘‘(C) PROCEDURES AND SCHEDULES FOR
COMPLIANCE WITH STANDARDS.—Each coal- or
oil-fired commercial or industrial boiler unit
shall achieve compliance with the mercury emis-
sion 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.—Subject to subparagraph (C), the
emission standards established under paragraph
(1)(A) shall require that each coal- or oil-fired
commercial or industrial boiler unit reduce its
annual poundage of mercury emitted, as cal-
culated under subparagraph (B), below its mer-
cury 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 coal- or
oil-fired commercial or industrial boiler
unit (referred to in this subparagraph as a
‘unit’) and each calendar year, the Admin-
istrator shall calculate 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 Forms EIA–3 and
EIA–846 (A,B,C).
‘‘(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 (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 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 coal mined or oil
produced in the geographic region of
each mine or well that supplies the
unit.
‘‘(C) EMISSION TRADING WITHIN A FACIL-
ITY.—
‘‘(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 coal- and oil-fired
commercial and industrial boiler units con-
tained in a facility at a single site if the
aggregate annual reduction from all such
units at the facility is not less than 95 per-
cent.
‘‘(ii) UNDERLYING
DATA.—In carry-
ing 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 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) OTHER REQUIREMENTS.—
‘‘(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 coal- or oil-
fired commercial or industrial
boiler unit;
as are requisite to provide accurate
and reliable data for determining
baseline and controlled emissions of
mercury from each coal- or oil-fired
commercial or industrial boiler unit.
‘‘(II) MINIMUM REQUIREMENT.—
If, under subclause (I)(bb), the Ad-
ministrator does not require a coal- or
oil-fired commercial or industrial boil-
er unit to use direct emission monitor-
ing methods, the requirements under
subclause (I)(bb) shall, at a minimum,
result in representative determinations
of mercury in fuel as received by the
boiler unit at such frequencies as are
sufficient to determine whether com-
pliance with this subsection is contin-
uous.
‘‘(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 coal- or oil-fired commercial or
industrial boiler unit, who shall certify the
accuracy of the report.
‘‘(D) MERCURY EMISSION BASELINE.—
‘‘(i) IN GENERAL.—For each coal- or
oil-fired commercial or industrial boiler
unit (referred to in this subparagraph as a
‘unit’), the Administrator shall calculate
the baseline annual average poundage of
mercury emitted per unit, which shall be
equal to the product obtained by multiply-
ing—
‘‘(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.—
‘‘(I) UNITS IN COMMERCIAL OP-
ERATION BEFORE JANUARY 1, 1995.—
For each unit that began commercial
operation before January 1, 1995, 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 1995,
1996, and 1997, as submitted annu-
ally to the Secretary of Energy on De-
partment of Energy Forms EIA–3
and EIA–846 (A,B,C) (referred to in
this clause as the ‘Forms’).
‘‘(II) UNITS
BEGINNING
COM-
MERCIAL OPERATION BETWEEN JANU-
ARY 1, 1995, AND 180 DAYS AFTER EN-
ACTMENT.—Subject 
to 
subclause
(III), for each unit that begins com-