average of the fuel use data submitted 
on Form 767 for each full year of com-
mercial 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 
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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). 
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‘‘(iii) BASELINE
AVERAGE
MERCURY 
CONTENT.— 
‘‘(I) UNITS IN COMMERCIAL OP-
ERATION BEFORE JANUARY 1, 1998.— 
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 
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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. 
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‘‘(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. 
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‘‘(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- 
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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, 
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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 
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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-
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cury emission baseline, as calculated under 
paragraph (3)(D), by not less than 90 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-
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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. 
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‘‘(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 car-
rying 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 
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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; 
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‘‘(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 
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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 moni-
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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-
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) 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 multi-
plying— 
‘‘(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, 1998.— 
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For each unit that began commercial 
operation before January 1, 1998, 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 1998, 
1999, and 2000, 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, 1998, AND 180 DAYS AFTER EN-
ACTMENT.—Subject 
to 
subclause 
(III), for each unit that begins com-
mercial operation between January 1, 
1998, 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 
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commercial operation that begins on 
or after January 1, 1998. 
‘‘(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 
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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.— 
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‘‘(I) UNITS IN COMMERCIAL OP-
ERATION BEFORE JANUARY 1, 1998.— 
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, 1998, 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 
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hsrobinson on PROD1PC72 with BILLS
(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, 1998. 
‘‘(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 
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‘‘(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 
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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, 
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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-containing 
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 
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