Mercury Reduction Act of 2003

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Mercury Reduction Act of 2003

Legislation

Date: February 27, 2003

Source: Library of Congress. "S.484: Omnibus Mercury Emission Reduction Act of 2003." 〈http://thomas. loc.gov/cgi-bin/query/z?c108:S.484〉 (accessed November 24, 2005).

About the Author: The Congress of the United States was established by Article 1 of the U.S. Constitution of 1787. It is the legislative arm of the U.S. Federal Government.

INTRODUCTION

Mercury is a pollutant that can be present in groundwater, ocean water, soils, and the atmosphere. Mercury was once thought to be of little concern because its release into the environment is much less than that of other metal pollutants. This changed in 1970 when fish in Lake Saint Clair between Michigan and Ontario, Canada, were found to have high levels of mercury present. The mercury levels were so high that the Canadian government banned all commercial fishing in Lake Saint Clair. In response, the U. S. Federal Water Quality Administration conducted a survey and found elevated levels of mercury in fish in other areas throughout the Unites States and Canada. This revealed that mercury pollution was a significant environmental issue.

The reason that mercury levels were significantly higher than expected is based on the form the mercury takes once it is in the environment. Mercury can enter oceans, lakes, and rivers directly. It can also enter the atmosphere, the groundwater, and soil. When first released, mercury is in an insoluble form. However, bacteria can then convert the mercury into a soluble form known as methylmercury. Fish in oceans, lakes, and rivers become contaminated by the methylmercury. This contamination involves methylmercury being deposited in the fatty tissue of the fish. Once deposited, the compound remains in the fatty tissue and is not broken down or removed. The end result is that mercury levels accumulate in fish. This explains why the mercury levels in fish were higher than expected, since even a relatively small amount of pollution becomes significant because the pollutant is persistent and accumulates. The methylmercury concentration in fish also increases toward the top of the food chain because larger fish feed on smaller fish, accumulating the contaminants from the smaller fish in the process.

The high levels of methlymercury in fish pose significant health risks. A report by the National Academy of Sciences, titled "Toxicological Effects of Methylmercury," describes how methylmercury is a neurotoxin, meaning that it interferes with the correct functioning of the nervous system. This can cause irritability, impaired coordination, muscle weakness, paralysis, and blindness. The report found that these effects can occur from single cases of high exposure to methylmercury as well as from continued exposure to low doses of mercury.

Methylmercury also interferes with the development of the nervous system of a fetus, making high mercury levels a significant risk factor for pregnant women. Unborn babies exposed to high levels of methylmercury have been born with serious defects, including mental retardation, cerebral palsy, and deafness. In cases where unborn babies were exposed to lower levels of methylmercury, children have been seen to develop poor motor skills, short attention spans, reduced language skills, and poor memory. It was also found that the effects on the child have been observed even though the mother showed no symptoms of methylmercury poisoning. This suggests that fetuses are more susceptible to the neurotoxic effects of methylmercury and are affected at lower concentrations.

PRIMARY SOURCE

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

Be it enacted by the Senate and House of Represen-tatives of the United States of America in Congress assembled, …

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 transboun-dary 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.

SIGNIFICANCE

The most concerning form of mercury is methylmercury, a soluble form that accumulates in fish and other seafood and acts as a neurotoxin. Mercury also exists elsewhere in the environment, including elemental mercury in liquid and gaseous form. One of the most important points is that although mercury can change forms, it is not biodegradable and will not be removed from the environment. This means that the only way to manage the problem of mercury pollution is to prevent it from entering the environment.

The Mercury Reduction Act of 2003 was proposed to reduce emissions of mercury to the environment. The act covers the major sources of mercury including 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.

The act describes required actions relating to the use and release of mercury. This includes requirements for the reduction of mercury emissions, the monitoring of mercury emissions, the disposal of captured mercury in a suitable manner, and the separation of mercury-containing waste from other waste. The act also prohibits the sale of manufactured products containing mercury unless the manufacturer is granted an exemption.

The Mercury Reduction Act was proposed with the intention of decreasing mercury release to the environment, which would lead to a reduction of methylmercury levels in fish and seafood, therefore reducing the health risks to the population and especially to pregnant women and unborn babies. The bill was introduced in the Senate and referred to the Committee on Environment and Public Works, but was not passed and did not become law.

FURTHER RESOURCES

Books

National Research Council. Toxicological Effects of Methylmercury. Washington, D.C.: National Academies Press, 2000.

Periodicals

Harris, Hugh, Ingrid Pickering, and Graham George. "The Chemical Form of Mercury in Fish." Science 301 (2003): 1203.

Myers, Gary J., and Philip W. Davidson. "Does Methylmercury Have a Role in Causing Developmental Disabilities in Children?." Environmental Health Perspectives 108 (2000): 413-420.

Web sites

"Mercury Study Report to Congress." United States Environmental Protection Agency. 〈http://www.epa.gov/mercury/report.htm〉 (accessed March 16, 2006).

"Mercury in the Environment." United States Geological Survey, October 2000. 〈http://www.usgs.gov/themes/factsheet/146-00〉 (accessed March 16, 2006).

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