Senators Leahy and Snowe Offer Bill to Cut Mercury Pollution
Apr 06 - U.S. Newswire
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.
"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.
(See following summary for more information.)
-- Overview of 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.
Section 10. Defense activities
This section requires the Department of Defense to report on its use of
mercury, including the steps it is taking to reduce mercury emissions and to
stabilize and recycle discarded mercury. This section also prohibits the
Department of Defense from returning the nearly 5,000 tons of mercury in the
National Defense Stockpile to the global market.
Section 11. International activities
This section directs EPA to work with Canada and Mexico to study mercury
pollution in North America, including the sources of mercury pollution, the
pathways of the pollution, and options for reducing the pollution.
Section 12. Mercury research
This section supports a variety of mercury research projects. First, it
promotes accountability by mandating an interagency report on the effectiveness
of this act in reducing mercury pollution. Second, it mandates an EPA study on
mercury sedimentation trends in major bodies of water. Third, it directs EPA to
evaluate and improve state-level mercury data and fish consumption advisories.
Fourth, it mandates a National Academy of Sciences report on the retirement of
excess mercury, such as stockpiled industrial mercury that is no longer needed
due to plant closures or process changes. Fifth, it mandates an EPA study of
mercury emissions from electric arc furnaces, a source not studied in the EPA's
study report. Finally, it authorizes $2,000,000 for modernization and expansion
of the Mercury Deposition Network, plus $10,000,000 over ten years for
operational support of that network.