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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Glacier Bay National Park Boundary 
Adjustment Act of 1998''.

SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

    (a) In General.--(1) Subject to conditions set forth in subsection 
(c), if the State of Alaska, in a manner consistent with this Act, 
offers to transfer to the United States the lands identified in 
paragraph (2) in exchange for the lands identified in paragraph (4), 
selected from the area described in section 3(b)(1), the Secretary of 
the Interior (in this Act referred to as the ``Secretary'') shall 
complete such exchange no later than 6 months after the issuance of a 
license to Gustavus Electric Company by the Federal Energy Regulatory 
Commission (in this Act referred to as ``FERC''), in accordance with 
this Act. This land exchange shall be subject to the laws applicable to 
exchanges involving lands managed by the Secretary as part of the 
National Park System in Alaska and the appropriate process for the 
exchange of State lands required by State law.
    (2) The lands to be conveyed to the United States by the State of 
Alaska shall be determined by mutual agreement of the Secretary and the 
State of Alaska. Lands that will be considered for conveyance to the 
United States pursuant to the process required by State law are lands 
owned by the State of Alaska in the Long Lake area within Wrangell-St. 
Elias National Park and Preserve, or other lands owned by the State of 
Alaska.
    (3) If the Secretary and the State of Alaska have not agreed on 
which lands the State of Alaska will convey by a date not later than 6 
months after a license is issued pursuant to this Act, the United 
States shall accept, within 1 year after a license is issued, title to 
land having a sufficiently equal value to satisfy State and Federal 
law, subject to clear title and valid existing rights, and absence of 
environmental contamination, and as provided by the laws applicable to 
exchanges involving lands managed by the Secretary as part of the 
National Park System in Alaska and the appropriate process for the 
exchange of State lands required by State law. Such land shall be 
accepted by the United States, subject to the other provisions of this 
Act, from among the following State lands in the priority listed:


                          copper river meridian

        (A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2, 
    and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres, 
    as shown on the plat of survey accepted June 9, 1922.
        (B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and 
    2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12; 
    Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres, 
    as shown on the plat of survey accepted June 9, 1922.
        (C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
    4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of 
    survey accepted June 9, 1922.
        (D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1 
    through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately 
    529.94 acres, as shown on the plat of survey accepted June 9, 1922.
    (4) The lands to be conveyed to the State of Alaska by the United 
States under paragraph (1) are lands to be designated by the Secretary 
and the State of Alaska, consistent with sound land management 
principles, based on those lands determined by FERC with the 
concurrence of the Secretary and the State of Alaska, in accordance 
with section 3(b), to be the minimum amount of land necessary for the 
construction and operation of a hydroelectric project.
    (5) The time periods set forth for the completion of the land 
exchanges described in this Act may be extended as necessary by the 
Secretary should the processes of State law or Federal law delay 
completion of an exchange.
    (6) For purposes of this Act, the term ``land'' means lands, 
waters, and interests therein.
    (b) Wilderness.--(1) To ensure that this transaction maintains, 
within the National Wilderness Preservation System, approximately the 
same amount of area of designated wilderness as currently exists, the 
following lands in Alaska shall be designated as wilderness in the 
priority listed, upon consummation of the land exchange authorized by 
this Act and shall be administered according to the laws governing 
national wilderness areas in Alaska:
        (A) An unnamed island in Glacier Bay National Park lying 
    southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36 
    S., R. 54 E., CRM, and shown on United States Geological Survey 
    quadrangle Mt. Fairweather (D-2), Alaska, containing approximately 
    789 acres.
        (B) Cenotaph Island of Glacier Bay National Park lying within 
    Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM, 
    and shown on United States Geological Survey quadrangle Mt. 
    Fairweather (C-5), Alaska, containing approximately 280 acres.
        (C) An area of Glacier Bay National Park lying in T. 31. S., R. 
    43 E and T. 32 S., R. 43 E., CRM, that is not currently designated 
    wilderness, containing approximately 2,270 acres.
    (2) The specific boundaries and acreage of these wilderness 
designations may be reasonably adjusted by the Secretary, consistent 
with sound land management principles, to approximately equal, in sum, 
the total wilderness acreage deleted from Glacier Bay National Park and 
Preserve pursuant to the land exchange authorized by this Act.
    (c) Conditions.--Any exchange of lands under this Act may occur 
only if--
        (1) following the submission of a complete license application, 
    FERC has conducted economic and environmental analyses under the 
    Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions 
    of that Act and the Federal regulations that otherwise exempt this 
    project from economic analyses), the National Environmental Policy 
    Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife 
    Coordination Act (16 U.S.C. 661-666), that conclude, with the 
    concurrence of the Secretary of the Interior with respect to 
    subparagraphs (A) and (B), that the construction and operation of a 
    hydroelectric power project on the lands described in section 
    3(b)--
            (A) will not adversely impact the purposes and values of 
        Glacier Bay National Park and Preserve (as constituted after 
        the consummation of the land exchange authorized by this 
        section);
            (B) will comply with the requirements of the National 
        Historic Preservation Act (16 U.S.C. 470-470w); and
            (C) can be accomplished in an economically feasible manner;
        (2) FERC held at least one public meeting in Gustavus, Alaska, 
    allowing the citizens of Gustavus to express their views on the 
    proposed project;
        (3) FERC has determined, with the concurrence of the Secretary 
    and the State of Alaska, the minimum amount of land necessary to 
    construct and operate this hydroelectric power project; and
        (4) Gustavus Electric Company has been granted a license by 
    FERC that requires Gustavus Electric Company to submit an 
    acceptable financing plan to FERC before project construction may 
    commence, and the FERC has approved such plan.

SEC. 3. ROLE OF FERC.

    (a) License Application.--(1) The FERC licensing process shall 
apply to any application submitted by Gustavus Electric Company to the 
FERC for the right to construct and operate a hydropower project on the 
lands described in subsection (b).
    (2) FERC is authorized to accept and consider an application filed 
by Gustavus Electric Company for the construction and operation of a 
hydropower plant to be located on lands within the area described in 
subsection (b), notwithstanding section 3(2) of the Federal Power Act 
(16 U.S.C. 796(2)). Such application must be submitted within 3 years 
after the date of the enactment of this Act.
    (3) FERC will retain jurisdiction over any hydropower project 
constructed on this site.
    (b) Analyses.--(1) The lands referred to in subsection (a) of this 
section are lands in the State of Alaska described as follows:


                          copper river meridian

    Township 39 South, Range 59 East, partially surveyed, Section 36 
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\, 
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing 
approximately 130 acres.
    Township 40 South, Range 59 East, partially surveyed, Section 1 
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2 
(unsurveyed), fractional, that portion lying above the mean high tide 
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945; 
Section 11 (unsurveyed), fractional, that portion lying above the mean 
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12 
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\, 
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high 
tide line of Icy Passage, excluding U.S. Survey 944 and Native 
allotment A-442. Containing approximately 1,015 acres.
    (2) Additional lands and acreage will be included as needed in the 
study area described in paragraph (1) to account for accretion to these 
lands from natural forces.
    (3) With the concurrence of the Secretary and the State of Alaska, 
the FERC shall determine the minimum amount of lands necessary for 
construction and operation of such project.
    (4) The National Park Service shall participate as a joint lead 
agency in the development of any environmental document under the 
National Environmental Policy Act of 1969 in the licensing of such 
project. Such environmental document shall consider both the impacts 
resulting from licensing and any land exchange necessary to authorize 
such project.
    (c) Issuance of License.--(1) A condition of the license to 
construct and operate any portion of the hydroelectric power project 
shall be FERC's approval, prior to any commencement of construction, of 
a finance plan submitted by Gustavus Electric Company.
    (2) The National Park Service, as the existing supervisor of 
potential project lands ultimately to be deleted from the Federal 
reservation in accordance with this Act, waives its right to impose 
mandatory conditions on such project lands pursuant to section 4(e) of 
the Federal Power Act (16 U.S.C. 797(e)).
    (3) FERC shall not license or relicense the project, or amend the 
project license unless it determines, with the Secretary's concurrence, 
that the project will not adversely impact the purposes and values of 
Glacier Bay National Park and Preserve (as constituted after the 
consummation of the land exchange authorized by this Act). 
Additionally, a condition of the license, or any succeeding license, to 
construct and operate any portion of the hydroelectric power project 
shall require the licensee to mitigate any adverse effects of the 
project on the purposes and values of Glacier Bay National Park and 
Preserve identified by the Secretary after the initial licensing.
    (4) A condition of the license to construct and operate any portion 
of the hydroelectric power project shall be the completion, prior to 
any commencement of construction, of the land exchange described in 
this Act.

SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.

    (a) Special Use Permit.--Notwithstanding the provisions of the 
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a 
special use permit to Gustavus Electric Company to allow the completion 
of the analyses referred to in section 3. The Secretary shall impose 
conditions in the permit as needed to protect the purposes and values 
of Glacier Bay National Park and Preserve.
    (b) Park System.--The lands acquired from the State of Alaska under 
this Act shall be added to and administered as part of the National 
Park System, subject to valid existing rights. Upon completion of the 
exchange of lands under this Act, the Secretary shall adjust, as 
necessary, the boundaries of the affected National Park System units to 
include the lands acquired from the State of Alaska; and adjust the 
boundary of Glacier Bay National Park and Preserve to exclude the lands 
transferred to the State of Alaska under this Act. Any such adjustment 
to the boundaries of National Park System units resulting from this Act 
shall not be charged against any acreage limitations under section 
103(b) of Public Law 96-487.
    (c) Wilderness Area Boundaries.--The Secretary shall make any 
necessary modifications or adjustments of boundaries of wilderness 
areas as a result of the additions and deletions caused by the land 
exchange referenced in section 2. Any such adjustment to the boundaries 
of National Park System units shall not be considered in applying any 
acreage limitations under section 103(b) of Public Law 96-487.
    (d) Concurrence of the Secretary.--Whenever in this Act the 
concurrence of the Secretary is required, it shall not be unlawfully 
withheld or unreasonably delayed.

SEC. 5. APPLICABLE LAW.

    The authorities and jurisdiction provided in this Act shall 
continue in effect until such time as this Act is expressly modified or 
repealed by Congress.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

A: Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for:  (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period. 
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness. 
Conditions such land exchange on:  (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan. 
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands.  Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment.  Provides for FERC to retain jurisdiction over any hydropower project constructed on such site.  Sets forth additional provisions regarding issuance of a license for construction or operation of such a project. 
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses.  Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve.  Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights. 
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Reduction and Energy 
Security Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Environmental Protection Agency (``EPA'') was 
        required by the terms of the Clean Air Act Amendments of 1990 
        and a 1998 consent agreement to determine whether regulation of 
        mercury from electric utility steam generating units under 
        section 112 of the Clean Air Act was appropriate and necessary.
            (2) In a December 2000, regulatory finding, the EPA 
        concluded that regulation of mercury from electric utility 
        steam generating units was appropriate and necessary.
            (3) In 2005, the EPA withdrew its 2000 regulatory finding 
        in favor of a national cap-and-trade system for mercury 
        emissions from electric utility steam generating units, the 
        Clean Air Mercury Rule (``CAMR'').
            (4) CAMR was subsequently challenged in petitions for 
        review filed by 17 States.
            (5) The United States Court of Appeals for the District of 
        Columbia Circuit vacated the rule on February 8, 2008, finding 
        that once the EPA had listed electric utility steam generating 
        units as a source of hazardous air pollutants, it was required 
        by law to proceed with Maximum Achievable Control Technology 
        (``MACT'') regulations under section 112 of the Clean Air Act 
        unless it delisted the source category, under procedures set 
        forth in section 112(c)(9).
            (6) Mercury control technologies for coal-fired electric 
        utility steam generating units have advanced rapidly in the 
        last few years.
    (b) Purpose.--The purpose of this Act is to protect public health 
and welfare, and the environment, through mercury emission reductions 
from electric utility steam generating units.

SEC. 3. MERCURY EMISSION REDUCTIONS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at 
the end the following new title:

                    ``TITLE VII--MERCURY REDUCTIONS

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--The term `affected unit' means a 
        coal-fired electric steam generating unit (including a 
        cogeneration unit) that--
                    ``(A) has a nameplate capacity greater than 25 
                megawatts; and
                    ``(B) generates electricity for sale.
            ``(2) Cogeneration unit.--The term `cogeneration unit' 
        means a stationary, coal-fired boiler or a stationary, coal-
        fired combustion turbine having equipment used to produce 
        electricity and useful thermal energy for industrial, 
        commercial, heating, or cooling purposes through the sequential 
        use of energy that produces during the 12-month period starting 
        on the date the unit first produces electricity and during any 
        calendar year after which the unit first produces electricity--
                    ``(A) for a topping-cycle cogeneration unit--
                            ``(i) useful thermal energy not less than 5 
                        percent of total energy output; and
                            ``(ii) useful power that, when added to 
                        one-half of useful thermal energy produced, is 
                        not less than--
                                    ``(I) 42.5 percent of total energy 
                                input if useful thermal energy produced 
                                is 15 percent or more of total energy 
                                output; or
                                    ``(II) 45 percent of total energy 
                                input if useful thermal energy produced 
                                is less than 15 percent of total energy 
                                output; and
                    ``(B) for a bottoming-cycle cogeneration unit, 
                useful power not less than 45 percent of total energy 
                input.
            ``(3) Inlet mercury.--The term `inlet mercury' means the 
        quantity of mercury found--
                    ``(A) in the as-fired coal used by an affected 
                unit; or
                    ``(B) for an affected unit using coal that is 
                subjected to an advanced coal cleaning technology, in 
                the as-mined coal used by the affected unit.

``SEC. 702. MERCURY REDUCTION PROGRAM.

    ``(a) Annual Limitation for Affected Units.--Except as provided in 
subsection (f), an affected unit in operation before or after the date 
of enactment of this title shall be subject to the following emission 
limitations on an annual average calendar year basis with respect to 
mercury:
            ``(1) Calendar years 2012 through 2014.--For the period 
        beginning on January 1, 2012, and ending on December 31, 2014, 
        the less stringent limitation of the following (calculated on a 
        one-year rolling average):
                    ``(A) 80 percent capture of inlet mercury.
                    ``(B) An emission rate of 1.60 pounds of mercury 
                per trillion British thermal units of input coal.
            ``(2) Calendar year 2015 and thereafter.--For calendar year 
        2015 and each calendar year thereafter, the less stringent 
        limitation of the following (calculated on a one-year rolling 
        average):
                    ``(A) 90 percent capture of inlet mercury.
                    ``(B) An emission rate of 0.80 pounds of mercury 
                per trillion British thermal units of input coal.
    ``(b) Averaging Across Units Within a Facility or State.--(1) An 
owner or operator of more than one affected unit at a single facility 
may demonstrate compliance with the applicable annual average emission 
limitations under subsection (a) by averaging emissions from all 
affected units at that facility, weighted by total input coal British 
thermal units.
    ``(2) An owner or operator of more than one affected unit or units 
within a State may demonstrate compliance with the applicable annual 
average emission limitations under subsection (a) by averaging 
emissions from all affected units owned or operated by that owner or 
operator within such State, weighted by total input coal British 
thermal units, if all affected units are owned or operated by the same 
entity.
    ``(3) If an affected unit is owned or operated by more than one 
entity, the State in which the affected unit is located shall allocate 
to each such owner or operator an appropriate portion of the generation 
from the affected unit for purposes of averaging emissions pursuant to 
paragraph (1) or (2).
    ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The 
owner or operator of an affected unit shall use any of the following 
methods as a reference method to calibrate the instruments used to 
measure the mercury concentration in emissions from affected units:
                    ``(A) ASTM D6784-02, `Standard Test Method for 
                Elemental, Oxidized, Particle-Bound and Total Mercury 
                in Flue Gas Generated from Coal-Fired Stationary 
                Sources' (Ontario Hydro Method).
                    ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, 
                `Determination of Metals Emissions from Stationary 
                Sources'.
                    ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Stationary Sources (Instrumental Analyzer 
                Procedure)'.
                    ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Coal-Fired Combustion Sources Using Carbon Sorbent 
                Traps'.
    ``(2) The Administrator may revise or supplement the list of 
permitted methods set forth in paragraph (1) to reflect improvements or 
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
    ``(d) Monitoring System.--(1) The owner or operator of an affected 
unit shall install and operate a continuous emissions monitoring system 
(CEMS) to measure the quantity of mercury that is emitted from each 
affected unit.
    ``(2) For purposes of complying with paragraph (1), the owner or 
operator of an affected unit may use--
            ``(A) any CEMS that meets the requirements in Performance 
        Specification 12A (PS-12A), `Specifications and Test Procedures 
        for Total Vapor-Phase Mercury Continuous Monitoring Systems in 
        Stationary Sources';
            ``(B) a mercury concentration CEMS that meets the 
        requirements of 40 C.F.R. Part 75; or
            ``(C) a sorbent trap monitoring system that meets the 
        requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix 
        K, `Quality Assurance and Operating Procedures for Sorbent Trap 
        Monitoring Systems';
            ``(3) The Administrator may revise or supplement the list 
        of permitted monitoring systems set forth in paragraph (2) to 
        reflect improvements or other developments in mercury emissions 
        reduction technologies and mercury emissions monitoring 
        systems.
    ``(e) Excess Emissions.--(1) Except as provided in subsection (f), 
the owner or operator of an affected unit that emits mercury in excess 
of the applicable annual average emission limitation under subsection 
(a) shall pay an excess emissions penalty determined under paragraph 
(2).
    ``(2) The excess emissions penalty for mercury shall be an amount 
equal to $50,000 for each pound of mercury emitted in excess of the 
applicable annual average emission limitation under subsection (a). 
Such penalty shall be prorated for each fraction of a pound.
    ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner 
or operator of any affected unit fails to achieve the annual average 
emission limitation under subsection (a)(2), such owner or operator may 
notify the Administrator of such failure prior to March 1, 2015, and 
request an alternate emissions limitation for mercury with respect to 
such affected unit. Such owner or operator shall submit to the 
Administrator mercury emissions data measured by a CEMS that complies 
with subsection (d) for evaluation. If the Administrator determines 
that such owner or operator has properly installed and operated such 
CEMS and control technology designed to achieve such annual average 
emission limitation and is unable to meet such limitation, the 
Administrator may, not later than April 1, 2016, establish an alternate 
emissions limitation for mercury with respect to such affected unit 
based on the optimal performance of properly installed and operated 
control technology.
    ``(2) With respect to any affected unit, for any year for which an 
alternate emissions limitation for mercury is in place for such 
affected unit, the Administrator may review such alternate emissions 
limitation and impose a more stringent emissions limitation for mercury 
for the subsequent year based on new data regarding the demonstrated 
control capabilities of the type of control technology installed and 
operated at such affected unit.
    ``(3)(A) Except as provided in subparagraph (B), an owner or 
operator of an affected unit failing to achieve the annual average 
emission limitation under subsection (a)(2) that notifies the 
Administrator of such failure and requests and alternate emissions 
limitation for mercury pursuant to paragraph (1) shall be considered in 
compliance with this section (and not subject to any excess emissions 
penalty) for the period beginning on January 1, 2015, and ending on the 
date such an alternate emissions limitation is implemented.
    ``(B) An owner or operator described in subparagraph (A) shall pay 
an excess emissions penalty, as determined under subsection (e)(2), for 
the period described in such subparagraph, if such owner or operator 
operates or maintains the affected unit, including any associated air 
pollution control equipment, in a manner that is inconsistent with good 
air pollution control practices for the minimization of mercury 
emissions, as determined by the Administrator. In determining whether 
the owner or operator of the affected unit operates and maintains the 
affected unit in a manner that is consistent with good air pollution 
control practices for the minimization of mercury emissions, the 
Administrator may review the emissions monitoring data and operating 
and maintenance procedures of the affected unit and may inspect the 
affected unit.
    ``(4)(A) With respect to any affected unit for which an alternate 
emissions limitation for mercury is in place under this subsection, the 
owner or operator of such affected unit that emits mercury in excess of 
such alternate emissions limitation shall pay an excess emissions 
penalty determined under subparagraph (B).
    ``(B) The excess emissions penalty for mercury for an owner or 
operator of an affected unit described in subparagraph (A) shall be an 
amount equal to $50,000 for each pound of mercury emitted in excess of 
the alternate emissions limitation for mercury in place for such 
affected unit. Such penalty shall be prorated for each fraction of a 
pound.
    ``(g) Sole Limitation on Mercury.--This title shall apply the sole 
emission standard or limitation under this Act with regard to the 
emission of mercury from electric utility steam generating units and 
shall supersede any other such requirement under section 112 or any 
other provision of this Act.
    ``(h) Relationship to Other Law.--Except as otherwise specifically 
provided in this title, nothing in this title precludes a State or 
political subdivision of a State from adopting or enforcing any 
additional requirements for the control or abatement of mercury 
emissions, except that no State or political subdivision thereof shall 
adopt or attempt to enforce any standard relating to the reduction or 
control of mercury emissions from electric utility steam generating 
units that is less stringent than the standards provided in this 
title.''.

A: Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.

Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.

Establishes excess emissions penalties for mercury. Sets forth compliance provisions.

Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.

Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Open Voting Standards Act 
of 2004''.

SEC. 2. STANDARDS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF 
              ELIGIBLE VOTERS BY REASON OF CRIMINAL CONVICTION.

    (a) In General.--Section 8 of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-6) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Standards for Removal of Individuals From List of Eligible 
Voters by Reason of Criminal Conviction.--
            ``(1) Prohibiting removal not in compliance with 
        standards.--A State may not remove a registrant from the 
        official list of eligible voters for an election for Federal 
        office by reason of criminal conviction unless the State 
        certifies to the Election Assistance Commission that the State 
        has in effect procedures for such removal which meet the 
        requirements of this subsection and any other requirements 
        applicable under this section.
            ``(2) Minimum notice prior to removal.--
                    ``(A) In general.--In addition to any other 
                requirements applicable under this section, a State may 
                not remove a registrant from the official list of 
                eligible voters for an election for Federal office by 
                reason of criminal conviction unless the State provides 
                the registrant with a notice of removal meeting the 
                requirements of subparagraph (B)--
                            ``(i) not later than 60 days before the 
                        date of the election; and
                            ``(ii) not later than 90 days before the 
                        date of removal.
                    ``(B) Requirements for notice.--The notice required 
                under this subparagraph shall be sent by forwardable 
                mail, and shall include the following:
                            ``(i) A statement that the State intends to 
                        remove the registrant from the official list of 
                        eligible voters for elections for Federal 
                        office.
                            ``(ii) A description of the reasons for 
                        removal, including sufficient identifying 
                        information on the criminal conviction alleged 
                        to be the basis for removal to enable the 
                        registrant to determine whether the registrant 
                        was convicted of the offense cited in the 
                        notice.
                            ``(iii) A statement that the registrant may 
                        appeal the removal in accordance with the 
                        procedures established under paragraph (3).
                            ``(iv) A postage pre-paid and pre-addressed 
                        envelope and a clear list of contact 
                        information for the appropriate state election 
                        official that includes a mailing address, 
                        telephone number, and fax number.
            ``(3) Availability of appeal.--
                    ``(A) In general.--A State shall establish 
                administrative procedures meeting the requirements of 
                this paragraph under which a registrant who receives a 
                notice of removal under paragraph (2) may file a 
                written appeal to an appropriate State election 
                official to withdraw the notice and retain the 
                registrant on the official list of eligible voters.
                    ``(B) Deadline.--A State may establish a deadline 
                for the filing of an appeal under this paragraph, 
                except that the deadline may not occur earlier than the 
                expiration of the 30-day period which begins on the 
                date a registrant receives the notice of removal under 
                paragraph (2).
                    ``(C) Contents.--A registrant filing an appeal may 
                include in the appeal such information and evidence as 
                the registrant considers appropriate to show that the 
                registrant is not subject to removal from the list 
                under State law, including information and evidence 
                showing that the registrant was not convicted of the 
                criminal offense cited in the notice.
                    ``(D) Response by state.--Not later than 10 days 
                after a registrant files an appeal, the State shall 
                review the information and evidence included and accept 
                or reject the appeal, and shall notify the registrant 
                in writing of its decision.
                    ``(E) No removal permitted while appeal is 
                pending.--If a registrant files an appeal under 
                subparagraph (A), the State may not remove a registrant 
                from the official list of eligible voters until a final 
                decision is reached on the appeal.''.
    (b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42 
U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and 
inserting ``State law and consistent with the requirements of 
subsection (j),''.
    (c) Effective Date.--The amendments made by this Act shall apply 
with respect to the regularly scheduled general election for Federal 
office held in November 2004 and any succeeding Federal election.

A:
Fair and Open Voting Standards Act of 2004 - Amends the National Voter Registration Act of 1993 to prohibit a State from removing a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the applicable requirements of this Act including those concerning notice prior to removal and availability of appeal.
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