S.484
Omnibus Mercury Emission Reduction Act of 2003 (Introduced in Senate)
S 484 IS
108th CONGRESS
1st Session
S. 484
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
February 27, 2003
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
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Omnibus Mercury Emission
Reduction Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
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, such exposure can also occur
through--
(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--
(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--
(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 2002, 44 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 2,073 in 1999, an increase of 131 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) since 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--
(12)(A) a January 2003 report by the Centers for Disease Control and
Prevention found that 1 in 12 women of childbearing age has mercury levels
above the safe health threshold established by the Environmental Protection
Agency; and
(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 fossil fuel-fired electric utility
steam generating units, coal- and oil-fired commercial and industrial boiler
units, solid waste incineration units, medical waste incinerators, hazardous
waste combustors, chlor-alkali plants, and 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 used batteries, fluorescent light bulbs, and other products
containing mercury;
(3) to increase the understanding of the volume and sources of mercury
emissions throughout North America;
(5) to promote permanent, safe, and stable disposal of mercury recovered
through coal cleaning, flue gas control systems, and other methods of
mercury pollution control;
(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 threat to public health, particularly the threat to the health of
pregnant women and their fetuses, women of childbearing age, children, and
individuals who subsist primarily on fish;
(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 STANDARDS FOR FOSSIL FUEL-FIRED ELECTRIC UTILITY
STEAM GENERATING UNITS.
Section 112 of the Clean Air Act (42 U.S.C. 7412) is amended--
`(s) MERCURY EMISSION STANDARDS FOR FOSSIL FUEL-FIRED ELECTRIC UTILITY
STEAM GENERATING UNITS-
`(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 fossil fuel-fired electric utility steam generating
units.
shall achieve compliance with the mercury emission standards established
under subparagraph (A) in accordance with the procedures and schedules
established under subsection (i).
`(A) EMISSION STANDARD- Subject to subparagraphs (B) and (C), the
emission standards established under paragraph (1)(A) shall require that
each fossil fuel-fired electric utility steam generating unit achieve the
maximum degree of reduction in emissions of mercury, as determined under
subsection (d).
`(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 fossil fuel-fired
electric utility steam generating units contained in a power generating
station at a single site if the aggregate emissions of mercury from all
such units at the power generating station 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).
`(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;
`(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
`(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
permit terms and conditions.
`(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--
`(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)).
`(B) RESEARCH PROGRAM- To promote permanent and cost-effective disposal
of mercury from fossil fuel-fired electric utility steam generating 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 any
requirement of a more stringent emission limitation or other applicable
requirement established under this Act or a standard issued under State law.
`(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 fossil
fuel-fired electric utility steam generating unit.
SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED COMMERCIAL AND
INDUSTRIAL BOILER UNITS.
Section 112 of the Clean Air Act (as amended by section 3) is amended by
inserting after subsection (s) the following:
`(t) MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED COMMERCIAL AND
INDUSTRIAL BOILER UNITS-
`(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.
`(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).
`(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).
`(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;
`(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
`(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
permit terms and conditions.
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--
`(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)).
`(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 any
requirement of a more stringent emission limitation or other applicable
requirement established under this Act or a standard issued under State law.
`(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.
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-
`(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.
`(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.
`(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--
`(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;
under subparagraph (A) not later than 180 days after the date of receipt of
the plan.
`(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 meets the criteria
specified in subparagraph (A) and 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- Upon approval by the Administrator (or the State)
of a plan submitted under subparagraph (A), or upon 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(e) of the Clean Air Act (42 U.S.C. 7429(e)) is amended--
(2) in the first sentence, by redesignating paragraph (2) as subparagraph
(B); and
`(i) IN GENERAL- Each permit described in paragraph (1) shall specify
inspection, entry, monitoring, compliance certification, and reporting
requirements with respect to mercury to ensure compliance with the
permit terms and conditions, including a requirement that the permittee
submit to the permitting authority, not less often than every 90 days,
the results of any required monitoring.
`(i) DETERMINATION BY THE ADMINISTRATOR- Based on the reports
required to be submitted under subparagraph (B)(i) 36 months, 39 months,
and 42 months after the date of enactment of this subparagraph, the
Administrator (or the State) shall make a determination as to whether
the 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 referred to in clause (i), or
over any 2 out of 3 reporting periods thereafter, the Administrator
shall require that the solid waste incineration unit install control
equipment and techniques that will, within 3 years, result in a mercury
emission rate by the unit of not more than 0.060 milligrams per dry
standard cubic meter.
established under this Act or a standard issued under State law.
`(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.
(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 paragraph, 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 sale specified in this
paragraph.
`(3) PROCEDURES FOR MAKING EXEMPTION APPLICATION DETERMINATIONS- Before
making a determination on an application, the Administrator shall--
`(4) CRITERIA FOR EXEMPTION- In making a determination on an application,
the Administrator may grant an exemption from the prohibition on sale only
if--
`(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.
`(6) PUBLICATIONS IN THE FEDERAL REGISTER- The Administrator shall
publish in the Federal Register--
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-
`(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').
`(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;
`(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
`(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
permit terms and conditions.
`(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)).
`(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 any
requirement of a more stringent emission limitation or other applicable
requirement established under this Act or a standard issued under State law.
`(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 mercury
cell chlor-alkali plant.
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-
`(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.
`(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.
`(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;
`(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
`(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
permit terms and conditions.
`(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)).
`(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 any
requirement of a more stringent emission limitation or other applicable
requirement established under this Act or a standard issued under State law.
`(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
Portland cement plant.
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 on 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 other sources of data and 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 other sources of data and 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 on the
use of mercury and mercury compounds by the Department of Defense.
(2) CONTENTS- In the report, the Secretary of Defense shall describe--
(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 on 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--
(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).
(c) REQUIRED ELEMENTS- The report shall include--
(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-
`(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 on 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
the Clean Air
Act (42 U.S.C. 7401 et seq.) made by the Omnibus Mercury Emission Reduction
Act of 2003.
`(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.
`(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.
`(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
`(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, 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).
`(A) IN GENERAL- The Administrator shall evaluate the adequacy,
consistency, completeness, and public dissemination of--
`(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.
`(4) STUDY OF MERCURY STOCKPILES AND RETIREMENT- The Administrator shall
request the National Academy of Sciences to--
`(A) MODERNIZATION AND EXPANSION- In addition to amounts made available
under any other law, there is authorized to be appropriated to the
Environmental Protection Agency 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.
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