Q: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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.