Mercury Emission Act of 2005

109th CONGRESS
1st Session

S. 730

To amend the Clean Air Act to establish requirements concerning the operation of fossil fuel-fired electric utility steam generating units, commercial and industrial boiler units, solid waste incineration units, medical waste incinerators, hazardous waste combustors, chlor-alkali plants, and Portland cement plants to reduce emissions of mercury to the environment, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 6, 2005

Mr. LEAHY (for himself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mercury Emission Act of 2005'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--

(1) on the basis of available scientific and medical evidence, exposure to mercury and mercury compounds (collectively referred to in this Act as `mercury') is of concern to human health and the environment;

(2) according to the report entitled `Toxicological Effects of Methylmercury' and submitted to Congress by the National Academy of Sciences in 2000, and other scientific and medical evidence, pregnant women and their fetuses, women of childbearing age, children, and individuals who subsist primarily on fish are most at risk for mercury-related health impacts such as neurotoxicity;

(3) although exposure to mercury occurs most frequently through consumption of mercury-contaminated fish, 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

(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 emissions 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;

(D) medical waste incinerators;

(E) hazardous waste combustors;

(F) chlor-alkali plants; and

(G) Portland cement plants;

(5)(A) the Environmental Protection Agency report 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 concentrations 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 England; 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 demonstrates that mercury is being deposited into the waters of Canada;

(6)(A) the Environmental Protection Agency report described in paragraph (4) supports a plausible link between mercury emissions from anthropogenic combustion and industrial sources and concentrations of methyl mercury in freshwater fish;

(B) in 2003, 45 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 nationwide increased from 899 in 1993 to 2,362 in 2003, an increase of 162 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 products 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, particularly in light of the substantial quantities of used batteries and fluorescent light bulbs that are discarded annually in the solid waste stream and the potential for environmental and health consequences associated with land disposal, composting, or incineration of the batteries and light bulbs;

(9) a comprehensive study of the use of mercury by the Department of Defense would significantly further the goal of reducing mercury pollution;

(10) because excess stockpiled mercury, if sold domestically or internationally for commercial or industrial use, has the potential to threaten the environment and public health, there is a need for methods to retire excess mercury permanently;

(11) accurate, long-term, nationwide monitoring of atmospheric mercury deposition is essential to--

(A) determining current deposition trends;

(B) evaluating the local and regional transport of mercury emissions; and

(12)(A) a recent reanalysis of data originally reported in a January 2003 report by the Centers for Disease Control and Prevention increased the estimate, from nearly 8 percent to nearly 16 percent, of the fraction of women of childbearing age who have mercury levels above the safe health threshold established by the Environmental Protection Agency; and

(B) the statistic described in subparagraph (A) means that--

(i) nearly 4,900,000 women of childbearing age have elevated levels of mercury from eating contaminated fish; and

(ii) approximately 630,000 newborns per year are at risk of neurological effects from being exposed to elevated mercury levels before birth.

(b) Purposes- The purposes of this Act are--

(1) to greatly reduce the quantity of mercury entering the environment by controlling air emissions of mercury from--

(A) fossil fuel-fired electric utility steam generating units;

(B) coal- and oil-fired commercial and industrial boiler units;

(D) medical waste incinerators;

(E) hazardous waste combustors;

(F) chlor-alkali plants; and

(G) 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--

(A) used batteries;

(B) fluorescent light bulbs; and

(3) to increase the understanding of the volume and sources of mercury emissions throughout North America;

(4) to promote efficient and cost-effective methods of controlling mercury emissions;

(5) to promote permanent, safe, and stable disposal of mercury recovered through--

(A) coal cleaning;

(B) flue gas control systems; and

(6) to reduce the use of mercury in cases in which technologically and economically feasible alternatives are available;

(7) to educate the public concerning the collection, recycling, and proper disposal of mercury-containing products;

(8) to increase public knowledge of the sources of mercury exposure and the threats to public health associated with mercury exposure, 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 mercury; and

(10) to ensure that the health of sensitive populations, whether in the United States, Canada, or Mexico, is protected, with an adequate margin of safety, against adverse health effects caused by mercury.

SEC. 3. MERCURY EMISSION LIMITATIONS.

(a) In General-

(1) REGULATIONS-

(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations to establish emission limitations for mercury emissions by coal-fired electricity generating facilities.

(B) NO EXCEEDANCE OF NATIONAL LIMITATION- The regulations shall ensure that the national limitation for mercury emissions from each coal-fired electricity generating facility established under subsection (c) is not exceeded.

(C) EMISSION LIMITATIONS FOR 2009 AND THEREAFTER- In carrying out subparagraph (A), for 2009 and each year thereafter, the Administrator shall not--

(i) subject to subsections (e) and (f) of section 112 of the Clean Air Act (42 U.S.C. 7412), establish limitations on emissions of mercury from coal-fired electricity generating facilities that allow emissions in excess of 2.48 grams of mercury per 1000 megawatt hours; or

(ii) differentiate between facilities that burn different types of coal.

(2) ANNUAL REVIEW AND DETERMINATION-

(A) IN GENERAL- Not later than April 1 of each year, the Administrator shall--

(i) review the total mercury emissions during the 2 previous years from electricity generating facilities located in all States; and

(ii) determine whether, during the 2 previous years, the total mercury emissions from facilities described in clause (i) exceeded the national limitation for mercury emissions established under subsection (c)(1)(D).

(B) EXCEEDANCE OF NATIONAL LIMITATION- If the Administrator determines under subparagraph (A)(ii) that, during the 2 previous years, the total mercury emissions from facilities described in subparagraph (A)(i) exceeded the national limitation for mercury emissions established under subsection (c)(1)(D), the Administrator shall, not later than 1 year after the date of the determination, revise the regulations promulgated under paragraph (1) to reduce the emission rates specified in the regulations as necessary to ensure that the national limitation for mercury emissions is not exceeded in any future year.

(3) COMPLIANCE FLEXIBILITY-

(A) IN GENERAL- Each coal-fired electricity generating facility subject to an emission limitation under this section shall be in compliance with that limitation if that limitation is greater than or equal to the quotient obtained by dividing--

(i) the total mercury emissions of the coal-fired electricity generating facility during each 30-day period; by

(ii) the quantity of electricity generated by the coal-fired electricity generating facility during that period.

(B) MORE THAN 1 UNIT AT A FACILITY- In any case in which more than 1 coal-fired electricity generating unit at a coal-fired electricity generating facility subject to an emission limitation under this section was operated in 1999 under common ownership or control, compliance with the emission limitation may be determined by averaging the emission rates of all coal-fired electricity generating units at the electricity generating facility during each 30-day period.

(b) Prevention of Re-Release-

(1) REGULATIONS- Not later than July 1, 2006, the Administrator shall promulgate regulations to ensure that any mercury captured or recovered by emission controls installed at an electricity generating facility is not re-released into the environment.

(2) REQUIRED ELEMENTS- The regulations shall require--

(A) daily covers on all active waste disposal units, and permanent covers on all inactive waste disposal units, to prevent the release of mercury into the air;

(B) monitoring of groundwater to ensure that mercury or mercury compounds do not migrate from the waste disposal unit;

(D) elimination of agricultural application of coal combustion wastes; and

(E) appropriate limitations on mercury emissions from sources or processes that reprocess or use coal combustion waste, including manufacturers of wallboard and cement.

(1) IN GENERAL- Subject to paragraphs (2) and (3), the Administrator shall promulgate regulations to ensure that, during 2010 and each year thereafter, the total annual emissions of covered pollutants from all electricity generating facilities located in all States does not exceed--

(A) in the case of sulfur dioxide--

(i) 275,000 tons in the western region; or

(ii) 1,975,000 tons in the nonwestern region;

(B) in the case of nitrogen oxides, 1,510,000 tons;

(D) in the case of mercury, 5 tons.

(2) EXCESS EMISSIONS BASED ON UNUSED ALLOWANCES- The regulations promulgated under paragraph (1) shall authorize emissions of covered pollutants in excess of the national emission limitations established under that subsection for a year to the extent that the number of tons of the excess emissions is less than or equal to the number of emission allowances that are--

(A) used in the year; but

(B) allocated for any previous year under Federal law.

(3) REDUCTIONS- For 2010 and each year thereafter, the quantity of emissions specified for each covered pollutant in paragraph (1) shall be reduced by the sum of--

(A) the number of tons of the covered pollutant that were emitted by small electricity generating facilities in the second preceding year; and

(B) any number of tons of reductions in emissions of the covered pollutant required under Federal law.

SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED COMMERCIAL AND INDUSTRIAL BOILER UNITS.

Section 112 of the Clean Air Act 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 subparagraph, the Administrator shall promulgate regulations to establish standards for the emission of mercury and mercury compounds (collectively referred to in this subsection as `mercury') applicable to existing and new coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity 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 enforceable 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 emission standards established under subparagraph (A) in accordance with the procedures and schedules established under subsection (i).

`(2) STANDARDS AND METHODS-

`(A) EMISSION STANDARD- Subject to subparagraphs (B) and (C), the emission standards established under paragraph (1)(A) shall require that each coal- or oil-fired commercial or industrial boiler unit achieve the maximum degree of reduction in emissions of mercury, as determined under subsection (d).

`(B) MINIMUM REQUIRED EMISSION REDUCTION- The emission standards established under paragraph (1)(A) shall reduce the total emissions of mercury from coal- and oil-fired commercial and industrial boiler units in the United States by not less than 90 percent from 1999 levels.

`(C) EMISSION TRADING WITHIN A FACILITY-

`(i) IN GENERAL- For the purpose of this subsection, taking into consideration the cost of achieving the emission reduction, the Administrator may allow emission trading among the coal- and oil-fired commercial and industrial boiler units contained in a facility at a single site if the aggregate emissions of mercury from all such units at the facility are less than or equal to the aggregate emissions that would result if all such units complied with the emission standards established under paragraph (1)(A).

`(ii) PROHIBITION ON TRADING AMONG SITES- The Administrator shall not allow emission trading among coal- and oil-fired commercial and industrial boiler units at different sites.

`(iii) UNDERLYING DATA- In carrying out clause (i), the Administrator shall use mercury emission data obtained under paragraph (3)(B).

`(D) CONTROL METHODS- For the purpose of achieving compliance with the emission standards established under paragraph (1)(A), the Administrator shall authorize methods of control of mercury emissions, including measures 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 mercury emissions when released from a process, stack, storage, or fugitive emission point;

`(iv) consist of design, equipment, work practice, or operational standards (including requirements for operator training 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 CONDITIONS-

`(A) IN GENERAL- Each permit issued in accordance with paragraph (1)(B) shall include--

`(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 Administrator determines are necessary to ensure 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 Administrator 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 determining compliance.

`(iii) OTHER REQUIREMENTS- The requirements for monitoring and analysis under this subparagraph shall include, to the extent necessary to provide accurate and reliable data for determining emissions of mercury from each coal- or oil-fired commercial or industrial boiler unit--

`(I) requirements that result in a representative determination of mercury in ash and sludge; and

`(II) a combination of requirements for continuous or other reliable and representative direct 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.

`(iv) EFFECT ON OTHER LAW- Nothing in this subsection affects any continuous 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, monitoring, compliance certification, and reporting requirements to ensure compliance with the terms and conditions or the permit.

`(ii) CONFORMITY WITH OTHER REGULATIONS- The monitoring and reporting requirements shall conform to each applicable regulation under subparagraph (B).

`(iii) SIGNATURE- A report required under clause (i) or subparagraph (B)(iii) shall be signed by a responsible official of the coal- or oil-fired commercial or industrial boiler unit, who shall certify the accuracy of the report.

`(4) DISPOSAL OF MERCURY CAPTURED THROUGH EMISSION CONTROLS-

`(A) IN GENERAL-

`(i) CAPTURED OR RECOVERED MERCURY- The regulations promulgated by the Administrator under paragraph (1)(A) shall ensure that mercury that is captured or recovered through the use of an emission control, coal cleaning, or another method is disposed of in a manner that ensures that--

`(I) the hazards from mercury are not transferred from 1 environmental medium to another; and

`(II) there is no release of mercury into the environment (as the terms `release' and `environment' are defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

`(ii) MERCURY-CONTAINING SLUDGES AND WASTES- The regulations promulgated by the Administrator under paragraph (1)(A) shall ensure that mercury-containing sludges and wastes are handled and disposed of in accordance with all applicable Federal and State laws (including regulations).

`(B) RESEARCH PROGRAM- To promote permanent and cost-effective disposal of mercury from coal- and oil-fired commercial and industrial boiler units, the Administrator shall establish a program of long-term research to develop and disseminate information on methods and techniques 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--

`(A) any requirement of a more stringent emission limitation or other applicable requirement established under this Act; or

`(B) 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 coal- or oil-fired commercial or industrial boiler unit.

`(B) SOURCE OF DATA- The emission data shall be taken from the monitoring and analysis reports submitted under paragraph (3)(C).'.

SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID WASTE INCINERATION UNITS.

(a) Separation of Mercury-Containing Items- Section 3002 of the Solid Waste Disposal Act (42 U.S.C. 6922) is amended by adding at the end the following:

`(c) Separation of Mercury-Containing Items-

`(1) PUBLICATION OF LIST-

`(A) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Administrator shall publish a list of mercury-containing items that shall be required to be separated and removed from a waste stream that feeds a solid waste management facility.

`(B) REQUIRED ITEMS- The list shall include mercury-containing items such as fluorescent light bulbs and tubes, batteries, pharmaceuticals, laboratory chemicals and reagents, electrical devices such as thermostats, relays, and switches, and medical and scientific instruments.

`(C) LABELING REQUIREMENT-

`(i) IN GENERAL- Except as provided in clause (ii), to facilitate the process of separating and removing items listed under subparagraph (A), each manufacturer of a listed item shall ensure that each item is clearly labeled to indicate that the product contains mercury.

`(ii) BUTTON CELL BATTERIES- In the case of button cell batteries for which, due to size constraints, labeling described in clause (i) is not practicable, the packaging shall indicate that the product contains mercury.

`(2) PLAN-

`(A) REQUIREMENT- Not later than 1 year after the date of enactment of this subsection, each person that transfers, directly or through a contractor, solid waste that may contain a mercury-containing item listed under paragraph (1) to a solid waste management facility shall submit for review and approval by the Administrator (or, in the case of a solid waste management facility located in a State that has a State hazardous waste program authorized under section 3006, the State) a plan for--

`(i) separating and removing mercury-containing items listed under paragraph (1) from the waste streams that feed any solid waste management facility;

`(ii) subject to the other requirements of this subtitle, transferring the separated waste to a recycling facility or a treatment, storage, or disposal facility that holds a permit under this subtitle;

`(iii) monitoring and reporting on compliance with the plan; and

`(iv) achieving full compliance with the plan not later than 18 months after the date of approval of the plan in accordance with subparagraph (B).

`(B) PLAN APPROVAL-

`(i) DEADLINE- Not later than 180 days after the date of receipt of the plan, the Administrator (or the State) shall determine whether to approve or disapprove a plan submitted under subparagraph (A).

`(ii) PREFERENCE- In determining whether to approve a plan, the Administrator (or the State) shall give preference to recycling or stabilization of mercury-containing items over disposal of the items.

`(C) AMENDED PLAN-

`(i) SUBMISSION- If the Administrator (or the State) disapproves a plan, the person that submitted the plan may submit an amended plan not later than 90 days after the date of disapproval.

`(ii) APPROVAL- Not later than 30 days after the date of receipt of the amended plan, the Administrator (or the State) shall approve or disapprove the plan.

`(D) PLAN BY ADMINISTRATOR (OR STATE)-

`(i) IN GENERAL- If an amended plan is not submitted to the Administrator (or the State) within 90 days after the date of disapproval, or if an amended plan has been submitted and subsequently disapproved, the Administrator (or the State) shall issue a determination that it is necessary for the Administrator (or the State) to promulgate a plan for the person.

`(ii) PLAN- Not later than 180 days after issuing the determination, the Administrator (or the State) shall develop, publish in the Federal Register (or submit to the Administrator for publication in the Federal Register), implement, and enforce a plan that--

`(I) meets the criteria specified in subparagraph (A); and

`(II) ensures that full compliance with the plan will be achieved not later than 18 months after the date of publication of the plan.

`(E) ENFORCEABILITY- On approval by the Administrator (or the State) of a plan submitted under subparagraph (A), or on publication of a plan developed by the Administrator (or the State) under subparagraph (D), the plan shall be enforceable under this Act.'.

(b) Solid Waste Incineration Unit Mercury Emission Monitoring and Analysis- Section 129 of the Clean Air Act (42 U.S.C. 7429) is amended by striking subsection (e) and inserting the following:

`(e) Permits-

`(1) IN GENERAL- Beginning on the date that is the later of the dates described in paragraph (2), each unit in the category shall operate pursuant to a permit issued under this subsection and title V.

`(2) INITIAL DATES- The dates referred to in paragraph (1) are--

`(A) the date that is 36 months after the promulgation of a performance standard under subsection (a) and section 111 applicable to a category of solid waste incineration units; and

`(B) the effective date of a permit program under title V in the State in which the unit is located.

`(3) PERIOD OF ISSUANCE-

`(A) IN GENERAL- Notwithstanding any other provision of this Act, a permit for a solid waste incineration unit combusting municipal waste issued under this Act--

`(i) shall be issued for a period of not greater than 12 years; and

`(ii) shall be reviewed every 5 years after the date of issuance or reissuance.

`(B) CONTINUATION-

`(i) IN GENERAL- Unless the Administrator or the State determines that a unit is not in compliance with all standards and conditions contained in a permit, the permit described in subparagraph (A) shall continue in effect after the date of issuance until the date of termination of the permit.

`(ii) DETERMINATION- The determination of the Administrator or the State under clause (i) shall be made--

`(I) at regular intervals, not to exceed 5 years, during the term of the permit; and

`(II) after an opportunity for public comment and a public hearing.

`(4) RENEWAL- A permit described in paragraph (1) may be renewed in accordance with title V.

`(5) LACK OF AUTHORITY TO ISSUE- No permit for a solid waste incineration unit may be issued under this Act by an agency, instrumentality, or person that is responsible (in whole or in part) for the design and construction or operation of the unit.

`(6) REQUIREMENTS- Notwithstanding any other provision of this subsection, if the Administrator or a State determines, at the discretion of the Administrator or State, that emissions in the absence of limitations or other measures may reasonably be anticipated to endanger public health or the environment, the Administrator or the State shall require the owner or operator of a unit--

`(A) to comply with emission limitations; or

`(B) to implement any other measure the Administrator or the State determines is practicable.

`(7) SOLID WASTE INCINERATION UNIT MERCURY EMISSION MONITORING AND ANALYSIS-

`(A) PROCEDURES AND METHODS-

`(i) IN GENERAL- Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations prescribing procedures and methods for--

`(I) monitoring and analysis for mercury emissions from solid waste combustion flue gases; and

`(II) determining compliance with this paragraph.

`(ii) INFORMATION- Application of the procedures and methods shall result in reliable and timely information for determining compliance.

`(B) PERMIT REQUIREMENTS-

`(i) IN GENERAL- A permit described in paragraph (1) shall specify inspection, entry, monitoring, compliance certification, and reporting requirements with respect to mercury to ensure compliance with the terms and conditions of the permit, including a requirement that the permittee submit to the permitting authority, not less often than every 90 days, the results of any required monitoring.

`(ii) SIGNATURE- A report required under clause (i) shall be signed by a responsible official of the solid waste incineration unit or by a municipal official, who shall certify the accuracy of the report.

`(C) ESTABLISHMENT OF MAXIMUM MERCURY EMISSION RATE-

`(i) DETERMINATION BY THE ADMINISTRATOR- Not later than 36 months, 39 months, and 42 months after the date of enactment of this subparagraph, based on the reports required under subparagraph (B)(i), the Administrator (or the State) shall determine whether a solid waste incinerator unit has achieved and is continuously maintaining a mercury emission rate of not more than 0.080 milligrams per dry standard cubic meter.

`(ii) REQUIREMENT OF INSTALLATION OF CONTROLS- If the mercury emission rate specified in clause (i) is not achieved and maintained over the period covered by the reports required under subparagraph (B)(i), or over any 2 out of 3 reporting periods thereafter, the Administrator shall require the solid waste incineration unit--

`(I) to install control equipment; and

`(II) to implement techniques that will result in a mercury emission rate by the unit of not more than 0.060 milligrams per dry standard cubic meter within 3 years.

`(iii) ENFORCEABILITY- The requirements of this subparagraph shall be an enforceable modification to any existing or new permit described in paragraph (1) for the solid waste incineration unit.

`(D) OTHER REQUIREMENTS- An emission standard or other requirement promulgated under this subsection does not diminish or replace--

`(i) any requirement of a more stringent emission limitation or other applicable requirement established under this Act; or

`(ii) a standard issued under State law.

`(E) PUBLIC REPORTING OF DATA PERTAINING TO EMISSIONS OF MERCURY-

`(i) 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 solid waste incineration unit.

`(ii) SOURCE OF DATA- The emission data shall be taken from the monitoring and analysis reports submitted under subparagraph (B).'.

(c) Phaseout of Mercury in Products- Section 112 of the Clean Air Act (as amended by section 4) is amended by inserting after subsection (t) the following:

`(u) Phaseout of Mercury in Products-

`(1) DEFINITION OF MANUFACTURER- In this subsection, the term `manufacturer' includes an importer for resale.

`(2) PROHIBITION ON SALE- Beginning 3 years after the date of enactment of this subsection, a manufacturer shall not sell any mercury-containing product (whether manufactured domestically, imported, or manufactured for export) unless the manufacturer has applied for and has been granted by the Administrator an exemption from the prohibition on the sale.

`(3) PROCEDURES FOR MAKING EXEMPTION APPLICATION DETERMINATIONS- Before making a determination on an application for exemption from the prohibition under paragraph (2), the Administrator shall--

`(A) publish notice of the application in the Federal Register;

`(B) provide a public comment period of 60 days; and

`(C) conduct a hearing on the record on the application.

`(4) CRITERIA FOR EXEMPTION- In making a determination on an application described in paragraph (3), the Administrator may grant an exemption from the prohibition under paragraph (2) if--

`(A) the Administrator determines that the mercury-containing product is a product the use of which is essential;

`(B) the Administrator determines that there is no comparable product that does not contain mercury and that is available in the marketplace at a reasonable cost; and

`(C) through documentation submitted by the manufacturer, the Administrator determines that the manufacturer has established a program to take back, after use by the consumer, all mercury-containing products subject to the exemption that are manufactured after the date of approval of the application.

`(5) TERM OF EXEMPTION-

`(A) IN GENERAL- An exemption may be granted for a period of not more than 3 years.

`(B) RENEWALS- Renewal of an exemption shall be carried out in accordance with paragraphs (3) and (4).

`(6) PUBLICATIONS IN THE FEDERAL REGISTER- The Administrator shall publish in the Federal Register--

`(A) a description of each exemption application approval or denial; and

`(B) on an annual basis, a list of products for which exemptions have been granted under this subsection.'.

SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-ALKALI PLANTS.

Section 112 of the Clean Air Act (as amended by section 5(c)) is amended by inserting after subsection (u) the following:

`(v) Mercury Emission Standards for Chlor-Alkali Plants-

`(1) IN GENERAL-

`(A) REGULATIONS- Not later than 180 days after the date of enactment of this subparagraph, the Administrator shall promulgate regulations to establish standards for the direct and fugitive emission of mercury and mercury compounds (collectively referred to in this subsection as `mercury') applicable to existing and new chlor-alkali plants that use the mercury cell production process (referred to in this subsection as `mercury cell chlor-alkali plants').

`(B) PERMIT REQUIREMENT- Not later than 2 years after the date of enactment of this subsection, each mercury cell chlor-alkali plant shall have an enforceable permit issued under title V that complies with this subsection.

`(C) PROCEDURES AND SCHEDULES FOR COMPLIANCE WITH STANDARDS- Each mercury cell chlor-alkali plant shall achieve compliance with the mercury emission standards established under subparagraph (A) in accordance with the procedures and schedules established under subsection (i).

`(2) STANDARDS AND METHODS-

`(A) MINIMUM REQUIRED EMISSION REDUCTION- The emission standards established under paragraph (1)(A) shall require that each mercury cell chlor-alkali plant reduce its annual poundage of direct and fugitive mercury emitted below its mercury emission baseline, as determined by the Administrator, by not less than 95 percent.

`(B) CONTROL METHODS- For the purpose of achieving compliance with the emission standards established under paragraph (1)(A), the Administrator shall authorize methods of control of mercury emissions, including measures that--

`(i) reduce the volume of, or eliminate emissions of, mercury through a process change, substitution of material, or other method;

`(ii) enclose systems or processes to eliminate mercury emissions;

`(iii) collect, capture, or treat mercury emissions when released from a process, stack, storage, or fugitive emission point, or through evaporation of a spill;

`(iv) consist of design, equipment, manufacturing process, work practice, or operational standards (including requirements for operator training or certification or spill prevention) in accordance with subsection (h); or

`(v) consist of a combination of the measures described in clauses (i) through (iv).

`(3) PERMIT REQUIREMENTS AND CONDITIONS-

`(A) IN GENERAL- Each permit issued in accordance with paragraph (1)(B) shall include--

`(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 Administrator determines are necessary to ensure 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 Administrator 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 determining compliance.

`(iii) EFFECT ON OTHER LAW- Nothing in this subsection affects any continuous emission monitoring requirement of title IV or any other provision of this Act.

`(C) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING-

`(ii) CONFORMITY WITH OTHER REGULATIONS- The monitoring and reporting requirements shall conform to each applicable regulation under subparagraph (B).

`(iii) SIGNATURE- A report required under clause (i) shall be signed by a responsible official of the mercury cell chlor-alkali plant, who shall certify the accuracy of the report.

`(4) DISPOSAL OF MERCURY CAPTURED THROUGH EMISSION CONTROLS-

`(A) IN GENERAL-

`(i) CAPTURED OR RECOVERED MERCURY- The regulations promulgated by the Administrator under paragraph (1)(A) shall ensure that mercury that is captured or recovered through the use of an emission control or another method is disposed of in a manner that ensures that--

`(I) the hazards from mercury are not transferred from 1 environmental medium to another; and

`(ii) MERCURY-CONTAINING WASTES- The regulations promulgated by the Administrator under paragraph (1)(A) shall ensure that mercury-containing wastes are handled and disposed of in accordance with all applicable Federal and State laws (including regulations).

`(B) RESEARCH PROGRAM- To promote permanent and cost-effective disposal of mercury from mercury cell chlor-alkali plants, the Administrator shall establish a program of long-term research to develop and disseminate information on methods and techniques 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--

`(A) any requirement of a more stringent emission limitation or other applicable requirement established under this Act; or

`(B) a standard issued under State law.

`(6) PUBLIC REPORTING OF DATA PERTAINING TO EMISSIONS OF MERCURY-

`(B) SOURCE OF DATA- The emission data shall be taken from the monitoring and analysis reports submitted under paragraph (3)(C).'.

SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND CEMENT PLANTS.

Section 112 of the Clean Air Act (as amended by section 6) is amended by inserting after subsection (v) the following:

`(w) Mercury Emission Standards for Portland Cement Plants-

`(1) IN GENERAL-

`(A) REGULATIONS- Not later than 180 days after the date of enactment of this subparagraph, the Administrator shall promulgate regulations--

`(i) to establish standards for the control of direct dust emission of mercury and mercury compounds (collectively referred to in this subsection as `mercury') from crushers, mills, dryers, kilns (excluding emission from such burning of hazardous waste-containing fuel in a cement kiln as is regulated under section 3004(q) of the Solid Waste Disposal Act (42 U.S.C. 6924(q)), and clinker coolers at existing and new Portland cement plants; and

`(ii) to establish standards for the control of fugitive dust emission of mercury from storage, transport, charging, and discharging operations at existing and new Portland cement plants.

`(B) PERMIT REQUIREMENT- Not later than 2 years after the date of enactment of this subparagraph, each Portland cement plant shall have an enforceable permit issued under title V that complies with this subsection.

`(C) PROCEDURES AND SCHEDULES FOR COMPLIANCE WITH STANDARDS- Each Portland cement plant shall achieve compliance with the mercury emission standards established under subparagraph (A) in accordance with the procedures and schedules established under subsection (i).

`(2) STANDARDS AND METHODS-

`(A) MINIMUM REQUIRED EMISSION REDUCTION- The emission standards established under paragraph (1)(A) shall require that each Portland cement plant reduce its annual poundage of direct and fugitive mercury emitted below its mercury emission baseline, as determined by the Administrator, by not less than 95 percent.

`(i) reduce the volume of, or eliminate emissions of, mercury through a process change, substitution of material, or other method;

`(ii) enclose systems, processes, or storage to eliminate mercury emissions;

`(iii) collect, capture, or treat mercury emissions when released from a process, stack, storage, or fugitive emission point;

`(iv) consist of design, equipment, manufacturing process, work practice, or operational standards (including requirements for operator training 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 CONDITIONS-

`(A) IN GENERAL- Each permit issued in accordance with paragraph (1)(B) shall include--

`(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 Administrator determines are necessary to ensure 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 Administrator 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 determining compliance.

`(iii) EFFECT ON OTHER LAW- Nothing in this subsection affects any continuous emission monitoring requirement of title IV or any other provision of this Act.

`(C) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING-

`(ii) CONFORMITY WITH OTHER REGULATIONS- The monitoring and reporting requirements shall conform to each applicable regulation under subparagraph (B).

`(iii) SIGNATURE- A report required under clause (i) shall be signed by a responsible official of the Portland cement plant, who shall certify the accuracy of the report.

`(4) DISPOSAL OF MERCURY CAPTURED THROUGH EMISSION CONTROLS-

`(A) IN GENERAL-

`(i) CAPTURED OR RECOVERED MERCURY- The regulations promulgated by the Administrator under paragraph (1)(A) shall ensure that mercury that is captured or recovered through the use of an emission control or another method is disposed of in a manner that ensures that--

`(I) the hazards from mercury are not transferred from 1 environmental medium to another; and

`(B) RESEARCH PROGRAM- To promote permanent and cost-effective disposal of mercury from Portland cement plants, the Administrator shall establish a program of long-term research to develop and disseminate information on methods and techniques 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--

`(A) any requirement of a more stringent emission limitation or other applicable requirement established under this Act; or

`(B) a standard issued under State law.

`(6) PUBLIC REPORTING OF DATA PERTAINING TO EMISSIONS OF MERCURY-

`(B) SOURCE OF DATA- The emission data shall be taken from the monitoring and analysis reports submitted under paragraph (3)(C).'.

SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR MEDICAL WASTE INCINERATORS.

(a) In General- Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report describing the extent to which the annual poundage of mercury and mercury compounds emitted by each medical waste incinerator in the United States has been reduced below the baseline for the medical waste incinerator determined under subsection (b).

(b) Baseline-

(1) USE OF ACTUAL DATA- As a baseline for measuring emission reductions, the report shall use the mercury and mercury compound emission data that were submitted or developed during the process of permitting of the medical waste incinerator under the Clean Air Act (42 U.S.C. 7401 et seq.).

(2) LACK OF ACTUAL DATA- If the data described in paragraph (1) are not available, the Administrator shall develop an estimate of baseline mercury emissions based on--

(A) other sources of data; and

(B) the best professional judgment of the Administrator.

SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMISSION STANDARDS FOR HAZARDOUS WASTE COMBUSTORS.

(a) In General- Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report on the extent to which the annual poundage of mercury and mercury compounds emitted by each hazardous waste combustor in the United States has been reduced below the baseline for the hazardous waste combustor determined under subsection (b).

(b) Baseline-

(1) USE OF ACTUAL DATA- As a baseline for measuring emission reductions, the report shall use the mercury and mercury compound emission data that were submitted or developed during the process of permitting of the hazardous waste combustor under the Clean Air Act (42 U.S.C. 7401 et seq.).

(2) LACK OF ACTUAL DATA- If the data described in paragraph (1) are not available, the Administrator shall develop an estimate of baseline mercury emissions based on--

(A) other sources of data; and

(B) the best professional judgment of the Administrator.

SEC. 10. DEFENSE ACTIVITIES.

(a) Report-

(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the use of mercury and mercury compounds by the Department of Defense.

(2) CONTENTS- In the report, the Secretary of Defense shall describe--

(A) any measures that the Department of Defense is carrying out to reduce the use and emissions of mercury and mercury compounds by the Department; and

(B) measures that the Department of Defense is carrying out to stabilize or recycle discarded mercury or discarded mercury-containing products.

(b) Prohibition on Sale- Beginning on the date of enactment of this Act, no mercury or mercury compounds in the stockpile provided for under section 4 of the Critical and Strategic Materials Stock Piling Act (50 U.S.C. 98c), commonly known as the `National Defense Stockpile', may be sold, domestically or internationally, for commercial or industrial use.

SEC. 11. INTERNATIONAL ACTIVITIES.

(a) Study and Report- Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in cooperation with appropriate representatives of Canada and Mexico, shall study and submit to Congress a report describing the sources and extent of mercury emissions in North America.

(b) Review- Before submitting the report to Congress, the Administrator shall submit the report for--

(1) internal and external scientific peer review; and

(2) review by the Science Advisory Board established by section 8 of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365).

(1) a characterization and identification of the sources of emissions of mercury in North America;

(2) a description of the patterns and pathways taken by mercury pollution through the atmosphere and surface water; and

(3) recommendations for pollution control measures, options, and strategies that, if implemented individually or jointly by the United States, Canada, and Mexico, will eliminate or greatly reduce transboundary atmospheric and surface water mercury pollution in North America.

SEC. 12. MERCURY RESEARCH.

Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended by adding at the end the following:

`(l) Mercury Research-

`(1) STUDY OF IMPLEMENTATION OF MEASURES TO CONTROL MERCURY EMISSIONS-

`(A) ESTABLISHMENT OF ADVISORY COMMITTEE- Not later than 3 years after the date of enactment of this subsection, the Secretary of Health and Human Services and the Administrator shall establish an advisory committee to evaluate and prepare a report describing the progress made by the Federal Government, State and local governments, industry, and other regulated entities to implement and comply with the mercury-related amendments to this Act made by the Mercury Emission Act of 2005.

`(B) MEMBERSHIP-

`(i) IN GENERAL- The advisory committee shall consist of at least 15 members, of whom at least 1 member shall represent each of the following:

`(I) The Department of Health and Human Services.

`(II) The Agency for Toxic Substances and Disease Registry.

`(III) The Food and Drug Administration.

`(IV) The Environmental Protection Agency.

`(V) The National Academy of Sciences.

`(VI) Native American populations.

`(VII) State and local governments.

`(VIII) Industry.

`(IX) Environmental organizations.

`(X) Public health organizations.

`(ii) APPOINTMENT- The Secretary of Health and Human Services and the Administrator shall each appoint not fewer than 7 members of the advisory committee.

`(C) DUTIES- The advisory committee shall--

`(i) evaluate the adequacy and completeness of data collected and disseminated by the Environmental Protection Agency and each State that measures and reports on mercury contamination in the environment;

`(ii) make recommendations to the Secretary of Health and Human Services and the Administrator concerning--

`(I) changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, and characterization of baseline environmental conditions; and

`(II) methods for improving public education, particularly among high-risk populations (such as pregnant women and their fetuses, women of childbearing age, children, and individuals who subsist primarily on fish), concerning the pathways and effects of mercury contamination and consumption; and

`(iii) not later than 4 years after the date of enactment of this subsection, compile and make available to the public, through 1 or more published reports and 1 or more forms of electronic media, the findings, recommendations, and supporting data (including State-specific data) of the advisory committee under this subparagraph.

`(D) COMPENSATION-

`(i) IN GENERAL- A member of the advisory committee shall receive no compensation for the service of the member on the advisory committee.

`(ii) TRAVEL EXPENSES- A member of the advisory committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the advisory committee.

`(E) DURATION OF ADVISORY COMMITTEE- The advisory committee--

`(i) shall terminate not earlier than the date on which the Secretary of Health and Human Services and the Administrator determine that the findings, recommendations, and supporting data prepared by the advisory committee have been made available to the public; and

`(ii) may, at the discretion of the Secretary of Health and Human Services and the Administrator, continue in existence after that date to continue to carry out the duties described in subparagraph (C).

`(F) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee established under this paragraph.

`(G) FUNDING- The Secretary of Health and Human Services and the Administrator shall each provide 50 percent of the funding necessary to carry out this paragraph.

`(2) REPORT ON MERCURY SEDIMENTATION TRENDS- Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit to Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern (as determined by the Administrator).

`(3) EVALUATION OF FISH CONSUMPTION ADVISORIES-

`(A) IN GENERAL- The Administrator shall evaluate the adequacy, consistency, completeness, and public dissemination of--

`(i) data collected by the Environmental Protection Agency and each State concerning mercury contamination of fish; and

`(ii) advisories to warn the public about the consumption of mercury-contaminated fish (referred to in this paragraph as `fish consumption advisories').

`(B) IMPROVEMENT OF QUALITY AND CONSISTENCY- In conjunction with each State or unilaterally, the Administrator shall implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds concerning mercury contamination in fish above which fish consumption advisories will be issued.

`(C) REPORTING- Not later than 2 years after the date of enactment of this subsection and every 2 years thereafter, the Administrator shall prepare and make available to the public, through 1 or more published reports and 1 or more forms of electronic media, information providing detail by State, watershed, water body, and river reach of mercury levels in fish and any fish consumption advisories that have been issued during the preceding 2-year period.

`(D) EFFECT ON STATE AUTHORITY- Nothing in this paragraph affects the authority of a State to advise residents of the mercury content of commercially sold foods and other products.

`(4) STUDY OF MERCURY STOCKPILES AND RETIREMENT- The Administrator shall request the National Academy of Sciences to--

`(A) conduct a study to--

`(i) assess--

`(I) the total quantity and distribution of excess mercury in the United States in stockpiles, collection programs, and other sources; and

`(II) the potential for the excess mercury to reenter the global market;

`(ii) evaluate whether any methods may exist or be developed for the collection and permanent retirement of excess mercury in a manner that ensures that there is no release of mercury into the environment;

`(iii) recommend research programs to investigate and develop the methods evaluated under clause (ii) that the Academy determines are potentially practicable;

`(iv) identify Federal or State policies that may facilitate or impede the permanent retirement of excess mercury;

`(v) evaluate the potential for reducing the mining of virgin mercury through--

`(I) international agreements;

`(II) recycling of mercury; or

`(III) the use of existing privately owned stockpiles of mercury;

`(vi) evaluate the potential for reducing global use of mercury in products and industrial processes through the promotion and dissemination of substitute products and processes that do not use mercury; and

`(vii) make any other recommendations concerning excess mercury that the Academy determines to be useful; and

`(B) not later than 1 year after the date of enactment of this subsection, submit to Congress a report describing the results of the study.

`(5) AUTHORIZATION OF APPROPRIATIONS-

`(A) MODERNIZATION AND EXPANSION- In addition to amounts made available under any other law, there is authorized to be appropriated to the Administrator for equipment and site modernization and network expansion of the National Atmospheric Deposition Program Mercury Deposition Network $2,000,000, to remain available until expended.

`(B) OPERATIONAL SUPPORT- In addition to amounts made available under any other law, there are authorized to be appropriated for operational support of the National Atmospheric Deposition Program Mercury Deposition Network for each of fiscal years 2006 through 2015--

`(i) $400,000 to the Environmental Protection Agency;

`(ii) $400,000 to the United States Geological Survey;

`(iii) $100,000 to the National Oceanic and Atmospheric Administration; and

`(iv) $100,000 to the National Park Service.'.

END