‘‘(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, 1996.—
For each unit that began commercial
operation before January 1, 1996, the
baseline fuel consumption shall be
equal to the annual average quantity
of millions of British thermal units
(referred to in this subparagraph as
‘mmBtu’s’) consumed by the unit dur-
ing the period of calendar years 1996,
1997, and 1998, as submitted annu-
ally to the Secretary of Energy on De-
partment of Energy Form 767 (re-
ferred to in this clause as ‘Form
767’).
‘‘(II) UNITS
BEGINNING
COM-
MERCIAL OPERATION BETWEEN JANU-
ARY 1, 1996, AND 180 DAYS AFTER EN-
ACTMENT.—Subject 
to 
subclause
(III), for each unit that begins com-
mercial operation between January 1,
1996, and the date that is 180 days
after the date of enactment of this
subparagraph, the baseline fuel con-
sumption shall be based on the annual
average of the fuel use data submitted
on Form 767 for each full year of
commercial operation that begins on
or after January 1, 1996.
‘‘(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, 1996.—
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, 1996, 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, 1996.
‘‘(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 sub-
mitted by the unit under subpara-
graph (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-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.—
‘‘(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.
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 moni-
toring 
methods, 
the 
requirements
under subclause (I)(bb) shall, at a
minimum, result in representative de-
terminations of mercury in fuel as re-
ceived by the boiler unit at such fre-
quencies as are sufficient to determine
whether compliance with this sub-
section is continuous.
‘‘(iv) EFFECT
ON
OTHER
LAW.—
Nothing in this subsection affects any con-
tinuous emission monitoring requirement
of title IV or any other provision of this
Act.
‘‘(C) INSPECTION, ENTRY, MONITORING,
CERTIFICATION, AND REPORTING.—
‘‘(i) 
IN
GENERAL.—Each 
permit
issued in accordance with paragraph
(1)(B) shall specify inspection, entry, mon-