Leahy And Snowe Offer Bill To Cut Mercury Pollution

 Children And Pregnant Women At Highest Risk

WASHINGTON (Wednesday, April 6) – On the heels of recent revelations of  EPA’s hiding information about the health effects of mercury exposure, Sens. Patrick Leahy (D-Vt.) and Olympia Snowe (R-Maine) Wednesday introduced a comprehensive bill to control mercury emissions from coal-fired power plants and other sources. 

Leahy highlighted the gap between the tougher standards of his “Omnibus Mercury Emissions Reduction Act” and the Administration’s mercury proposal that was finalized by the Environmental Protection Agency (EPA) on March 15.

“The Administration persists in siding with big polluters against the health interests of the American people,” said Leahy.  “It is clear that the Administration is not going to follow the Clean Air Act and protect women and children from this toxic pollutant.  Our bill offers the protection the public expects and deserves, both from the mercury spewing out of power plants, and also from other major sources.”

“Mercury is among the least-controlled and most dangerous toxins threatening pregnant women and children in America today,” said Snowe.  “Because mercury pollution knows no borders, we must institute a sensible national approach to better control its use.  Our bill takes action where EPA’s new mercury rule does not – it requires every coal-fired power plant to reduce its emissions, which is the only way to reduce dangerously high concentrations of mercury in Maine and other parts of the country.”

The Leahy-Snowe bill would reduce the annual 48 tons of mercury emissions from coal-fired power plants by 90 percent by 2010.  The Administration’s mercury proposal would only reduce mercury emissions by 22 percent by 2010.  The Vermont senator said that falls far short of the Leahy-Snowe proposal, of current law and even of the Administration’s previous position. 

The Leahy-Snowe bill would reduce mercury releases from all sources, including commercial and industrial boilers, chlor-alkali plants and cement plants.  It also would require labeling of mercury-containing products to reduce mercury in the waste stream.    

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(See following summary for more information.)

Overview Of S.730
The Omnibus Mercury Emissions Reduction Act Of 2005
Sponsored by Senators Patrick Leahy And Olympia Snowe

What will the Omnibus Mercury Emissions Reduction Act of 2005 do?

The Omnibus Mercury Emissions Reduction Act of 2005 mandates substantial reductions in mercury emissions from all major sources in the United States.  It is the only comprehensive legislation to control mercury emissions from all major sources.  It directs EPA to issue new standards for unregulated sources and to monitor and report on the progress of currently regulated sources.  It sets an aggressive timetable for these reductions so that mercury emissions are reduced as soon as possible.

With these emissions reductions, the bill requires the safe disposal of mercury recovered from pollution control systems, so that the hazards of mercury are not merely transferred from one environmental medium to another.  It requires annual public reporting -- in both paper and electronic form -- of facility-specific mercury emissions. It phases out mercury use in consumer products, requires product labeling, and mandates international cooperation. It supports research into the retirement of excess mercury, the handling of mercury waste, the effectiveness of fish consumption advisories, and the magnitude of previously uninventoried sources. 

Section 3.  Mercury emission standards for fossil fuel-fired electric utility steam generating units

The EPA’s Mercury Study Report to Congress estimated 52 tons of mercury emissions occur per year from coal- and oil-fired electric utility steam generating units.  More recently, an EPA inventory estimated 48 tons of mercury from coal-fired power plants. Collectively, these power plants constitute the largest source of mercury emissions in the United States.  In December 2000, the EPA issued a positive determination to regulate these mercury emissions.  But these rules will take years to write and implement, and there is already vigorous industry opposition.  It is uncertain what form these rules will take or how long they may be delayed.  This section requires EPA to set a Amaximum achievable control technology (MACT) standard for these emissions, such that nationwide emissions decrease by at least 90 percent.

Section 4.  Mercury emission standards for coal- and oil-fired commercial and industrial boiler units

The EPA’s report on its study estimates that 29 tons of mercury is emitted per year from coal- and oil-fired commercial and industrial boiler units.  This section requires EPA to set a MACT standard for these mercury emissions, such that nationwide emissions decrease by at least 90 percent.

Section 5.  Reduction of mercury emissions from solid waste incineration units

The EPA study estimates that 30 tons of mercury emissions are released each year from municipal waste combustors.  These emissions result from the presence of mercury-containing items such as fluorescent lamps, fever thermometers, thermostats and switches, in municipal solid waste streams.  In 1995, EPA promulgated final rules for these emissions, and these rules took effect in 2000.  This section reaffirms those rules and requires stricter rules for units that do not comply.  The most effective way to reduce mercury emissions from incinerators is to reduce the volume of mercury-containing items before they reach the incinerator. That is why this section also requires the separation of mercury-containing items from the waste stream, the labeling of mercury-containing items to facilitate this separation, and the phase-out of mercury in consumer products within three years, allowing for the possibility of exceptions for essential uses.

Section 6.  Mercury emission standards for chlor-alkali plants

The EPA study estimates that 7 tons of mercury emissions are released per year from chlor-alkali plants that use the mercury cell process to produce chlorine.  EPA has not issued rules to regulate these emissions.  This section requires each chlor-alkali plant that uses the mercury cell process to reduce its mercury emissions by 95 percent.  The most effective way to meet this standard would be to switch to the more energy efficient membrane cell process, which many plants already use.

Section 7.  Mercury emission standards for Portland cement plants

The EPA study estimates that 5 tons of mercury emissions are released each year from Portland cement plants.  In 1999 EPA promulgated final rules for emissions from cement plants, but these rules did not include mercury.  This section requires each Portland cement plant to reduce its mercury emissions by 95 percent.

Section 8.  Report on implementation of mercury emission standards for medical waste incinerators

The EPA study estimates that 16 tons of mercury emissions are released per year from medical waste incinerators.  In 1997 EPA issued final rules for emissions from hospital/medical/infectious waste incinerators.  This section requires EPA to report on the success of these rules in reducing these mercury emissions.

Section 9.  Report on implementation of mercury emission standards for hazardous waste combustors

The EPA study estimates that 7 tons of mercury emissions are released each year from hazardous waste incinerators.  In 1999 EPA promulgated final rules for these emissions.  This section requires EPA to report on the success of these rules in reducing these mercury emissions.