[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 484 Introduced in Senate (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. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Mercury emission standards for fossil fuel-fired electric
utility steam generating units.
Sec. 4. Mercury emission standards for coal- and oil-fired commercial
and industrial boiler units.
Sec. 5. Reduction of mercury emissions from solid waste incineration
units.
Sec. 6. Mercury emission standards for chlor-alkali plants.
Sec. 7. Mercury emission standards for Portland cement plants.
Sec. 8. Report on implementation of mercury emission standards for
medical waste incinerators.
Sec. 9. Report on implementation of mercury emission standards for
hazardous waste combustors.
Sec. 10. Defense activities.
Sec. 11. International activities.
Sec. 12. Mercury research.
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--
(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
(C) inhalation of contaminated air;
(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;
(C) 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;
(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 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--
(A) determining current deposition trends;
(B) evaluating the local and regional transport of
mercury emissions; and
(C) assessing the impact of emission reductions;
and
(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) 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 320,000 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 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;
(4) to promote efficient and cost-effective methods of
controlling mercury emissions;
(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;
(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 STANDARDS FOR FOSSIL FUEL-FIRED ELECTRIC
UTILITY STEAM GENERATING UNITS.
Section 112 of the Clean Air Act (42 U.S.C. 7412) is amended--
(1) by redesignating subsection (s) as subsection (x); and
(2) by inserting after subsection (r) the following:
``(s) Mercury Emission Standards for Fossil Fuel-Fired Electric
Utility Steam Generating 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 fossil
fuel-fired electric utility steam generating units.
``(B) Permit requirement.--Not later than 2 years
after the date of enactment of this subparagraph, each
fossil fuel-fired electric utility steam generating
unit shall have an enforceable permit issued under
title V that complies with this subsection.
``(C) Procedures and schedules for compliance with
standards.--Each fossil fuel-fired electric utility
steam generating 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 fossil fuel-
fired electric utility steam generating 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 fossil
fuel-fired electric utility steam generating units in
the United States by not less than 90 percent from 1999
levels.
``(C) Emission trading within a generating
station.--
``(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).
``(ii) Prohibition on trading among
sites.--The Administrator shall not allow
emission trading among fossil fuel-fired
electric utility steam generating 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--
``(I) such requirements that result
in a representative determination of
mercury in ash and sludge; and
``(II) such 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 fossil fuel-fired
electric utility steam generating unit;
as are requisite to provide accurate and
reliable data for determining emissions of
mercury from each fossil fuel-fired electric
utility steam generating 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 permit terms and
conditions.
``(ii) Conformity with other regulations.--
The monitoring and reporting requirements shall
conform to each applicable regulation under
subparagraph (B).
``(iii) Signature.--Each report required
under clause (i) and subparagraph (B)(iii)
shall be signed by a responsible official of
the fossil fuel-fired electric utility steam
generating 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 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.
``(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
fossil fuel-fired electric utility steam generating
unit.
``(B) Source of data.--The emission data shall be
taken from the monitoring and analysis reports
submitted under paragraph (3)(C).''.
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.--
``(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--
``(I) such requirements that result
in a representative determination of
mercury in ash and sludge; and
``(II) such 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;
as are requisite to provide accurate and
reliable data for determining emissions of
mercury from 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 permit terms and
conditions.
``(ii) Conformity with other regulations.--
The monitoring and reporting requirements shall
conform to each applicable regulation under
subparagraph (B).
``(iii) Signature.--Each report required
under clause (i) and 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 any requirement of a more stringent emission
limitation or other applicable requirement established under
this Act or 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 the waste streams that feed solid
waste management facilities.
``(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 by the Administrator
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.--The Administrator (or the
State) shall determine whether to approve or
disapprove a plan submitted under subparagraph
(A) not later than 180 days after the date of receipt of the plan.
``(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 may
submit an amended plan not later than 90 days
after the date of disapproval.
``(ii) Approval.--The Administrator (or the
State) shall approve or disapprove the amended
plan not later than 30 days after the date of
receipt of 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
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--
(1) by striking ``Beginning (1) 36'' and inserting the
following:
``(1) In general.--Beginning (A) 36'';
(2) in the first sentence, by redesignating paragraph (2)
as subparagraph (B); and
(3) by adding at the end the following:
``(2) 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
subparagraph, 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.--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.
``(ii) Signature.--Each 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.--
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.
``(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 any requirement of a more
stringent emission limitation or other applicable
requirement established under this Act or 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 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--
``(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.
``(4) Criteria for exemption.--In making a determination on
an application, the Administrator may grant an exemption from
the prohibition on sale only 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 subparagraph, 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.--
``(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) Conformity with other regulations.--
The monitoring and reporting requirements shall
conform to each applicable regulation under
subparagraph (B).
``(iii) Signature.--Each 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) 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 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 any requirement of a more stringent emission
limitation or other applicable requirement established under
this Act or 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
mercury cell chlor-alkali plant.
``(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.
``(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, 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.--
``(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) Conformity with other regulations.--
The monitoring and reporting requirements shall
conform to each applicable regulation under
subparagraph (B).
``(iii) Signature.--Each 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
``(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 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 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.
``(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
Portland cement plant.
``(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 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--
(A) 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 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--
(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).
(c) Required Elements.--The report shall include--
(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 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.
``(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 reports on and measures 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 by
reason of 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 further 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, 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 any 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 on the results of the study.
``(5) Mercury deposition monitoring.--
``(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.
``(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 2004
through 2013--
``(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.''.
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