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Laws and Regulations
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Sometimes mercury is released through emissions from manufacturing, use, or disposal activities. Laws and regulations are a major tool in protecting the environment. Congress passes laws (statutes) that govern the United States. To put those laws into effect, Congress authorizes certain government agencies, including the Environmental Protection Agency (EPA), to create and enforce regulations. Regulations provide specific rules and details for how to put the law into practice. Under certain Federal environmental statutes, such as the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, EPA has the responsibility to develop regulations to control some mercury emissions to air, water, or from wastes and products. In addition, states also develop regulations to address mercury emissions.
Mercury-Specific
Laws
Other Environmental Laws that Limit Mercury Exposures
Clean Air Act
Clean Water Act
Resource Conservation and Recovery Act (RCRA)
Safe Drinking Water Act
Mercury Regulations and Standards
Air
Toxics
Water
Wastes and Products
States
Related Information
Guidance and Technical Assistance Resources
Federal Register Notices, Support Documents,
and Public Comments
Mercury-Specific Laws
Mercury-Containing and Rechargeable Battery Management Act of 1996
The Mercury-Containing and Rechargeable Battery Management Act of 1996 (Battery Act) phases out the use of mercury in batteries, and provides for the efficient and cost-effective disposal of used nickel cadmium (Ni-Cd) batteries, used small sealed lead-acid (SSLA) batteries, and certain other regulated batteries. The statute applies to battery and product manufacturers, battery waste handlers, and certain battery and product importers and retailers.
-
Implementation of the Mercury - Containing and Rechargeable Battery Management Act (PDF) (21 pp., 735KB, About PDF)- This booklet explains the “basics” of the Battery Act.
- March 2002 Enforcement Alert newsletter about the Battery Act (4 pp., 83.7KB, About PDF) - This newsletter is published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions.
Other Environmental Laws that Limit Mercury Exposures
Clean Air Act
The Clean Air Act regulates 188 air toxics, also known as “hazardous air pollutants.” Mercury is one of these air toxics. The Act directs EPA to establish technology-based standards for certain sources that emit these air toxics. Those sources also are required to obtain Clean Air Act operating permits and to comply with all applicable emission standards.
The law includes special provisions for dealing with air toxics emitted from utilities, giving EPA the authority to regulate power plant mercury emissions by establishing “performance standards” or “maximum achievable control technology” (MACT), whichever the Agency deems most appropriate. On March 15, 2005, EPA issued the Clean Air Mercury Rule, which creates performance standards and establishes permanent, declining caps on mercury emissions. The Clean Air Mercury Rule marks the first time EPA has ever regulated mercury emissions from coal-fired power plants.
Clean Water Act
Under the Clean Water Act, states adopt water quality standards for their rivers, streams, lakes, and wetlands. These standards identify levels for pollutants, including mercury, that must be met in order to protect human health, fish, and wildlife. No person may discharge pollutants, including mercury, into waters unless the person has a permit. Under the Act, either EPA or U.S. states issue permits, which must include limits that ensure the water quality standards are met. In addition, EPA and U.S. states issue information to the public on waters contaminated with mercury and on the harmful effects of mercury, identify the mercury sources and reductions needed to achieve water quality standards, and warn people about eating fish containing high levels of methylmercury.
Resource Conservation and Recovery Act (RCRA)
RCRA requires that EPA manage hazardous wastes, including mercury wastes, from the time they are generated, through storage and transportation, to their ultimate treatment and disposal. EPA has established treatment and recycling standards that must be met before these wastes can be disposed of. Certain mercury wastes -- mercury-containing household hazardous waste and waste generated in very small quantities -- are exempt from some RCRA hazardous waste requirements. RCRA also sets emission limits for mercury-containing hazardous waste that is combusted. U.S. states are largely responsible for implementing the RCRA program and their requirements can be more stringent than federal requirements; for example, some states have identified specific mercury-containing wastes, such as dental amalgam, as warranting more stringent treatment and disposal.
Safe Drinking Water Act
Under the Safe Drinking Water Act, EPA sets standards for drinking water that apply to public water systems. These standards protect people by limiting levels of mercury and other contaminants in drinking water. Mercury contamination in drinking water can come from erosion of natural deposits of mercury, discharges into water from refineries and factories, and runoff from landfills and cropland. U.S. states have the primary responsibility for enforcing drinking water standards.
Mercury Regulations and Standards
Air
On April 22, 2004, EPA issued a regulation to control emissions from iron and steel foundries. The rule included emission limits for manufacturing processes and pollution prevention-based requirements to reduce air toxics from furnace charge materials and coating/binder formulations. The rule also included a work practice requirement to ensure removal of auto mercury switches from scrap.
On May 20, 2005, EPA issued a direct final rule amending the work practice requirements for materials certification and scrap selection/inspection programs. The direct final amendments added clarification and flexibility but do not materially change the requirements of the April 22, 2004 rule.
On December 28, 2007, EPA issued a final National Emission Standards for Hazardous Air Pollutants (NESHAP) rule for electric arc furnace steelmaking facilities. The final rule established requirements for the control of mercury emissions that are based on the maximum achievable control technology and requirements for the control of other hazardous air pollutants that are based on generally available control technology or management practices. The Quicksilver Caucus of the Environmental Council of the States issued a fact sheet about this rule designed to help state and local agencies (PDF) (86K, 8 pp.) 
understand how this rule applies to mercury emissions.
View more information about the iron and steel foundries NESHAP.
Clean Air Mercury Rule – On March 15, 2005, EPA issued the Clean Air Mercury Rule, the nation’s first-ever rule to regulate mercury emission from coal-fired power plants. The Agency had proposed a rule to reduce mercury emissions from power plants in January 2004. A fact sheet outlines the rule and provides the history of EPA’s efforts to reduce air emissions of mercury from a wide range of sources. The series of actions leading up to this rule can be found on the following site: http://www.epa.gov/mercury/control_emissions/decision.htm#Chronology
The Clean Air Mercury Rule will build on the Clean Air Interstate Rule to cut mercury emissions from utilities by nearly 70 percent at full implementation. Both the Clean Air Mercury Rule and the Clean Air Interstate Rule are part of the suite of inter-related rules collectively known as the Clean Air Rules of 2004, which together address ozone and fine particle pollution, nonroad diesel emissions, and power plant emissions of sulfur dioxide, nitrogen oxides and mercury.
Reduction of Toxic Air Pollutants from Mercury Cell Chlor-Alkali Plants; Final Rule - December 19, 2003 - The final rule reduces mercury emissions from mercury cell chlor-alkali plants that are considered "major sources" of hazardous air pollutants as well as facilities considered to be "area sources." Mercury cell chlor-alkali plants produce chlorine and caustic using mercury cells.
Solid Waste Combustion Rules (Section 129)(PDF) (1 pp, 12.6KB, About PDF) - Find information about EPA's air emission regulations for large and small municipal waste combustors; hospital, medical and infectious waste incinerators; and commercial and industrial solid waste incinerators and, other solid waste incinerators (e.g., very small municipal waste combustors, institutional waste incinerators, etc.). Regulatory text, technical information, compliance and enforcement information, implementation guidance for states, and related links are provided.
Reduction of Toxic Air Emissions from Combustion Sources that Burn Hazardous Waste - This proposed rule would reduce emissions of toxic air pollutants, including mercury, from five types of combustion sources that burn hazardous waste (incinerators, cement kilns, lightweight aggregate kilns, boilers, and hydrochloric acid production furnaces). Sources that would be affected by the proposal combust hazardous waste in order to treat or detoxify the waste.
Reduction of Toxic Air Emissions from Industrial, Commercial, and Institutional Boilers and Process Heaters - This final rule reduces toxic air pollutants, including mercury, from industrial, commercial, and institutional boilers and process heaters. Boilers burn coal and/or other substances such as wood to produce steam. The steam is used to produce electricity or provide heat. Process heaters heat raw or intermediate material during an industrial process. This rule limits the amount of air toxics that may be released from exhaust stacks of all new (built after January 13, 2003) and existing large and limited use solid fuel boilers and process heaters that are located at facilities considered to be major sources of air toxics.
Toxics
In October 2007, EPA issued a Significant New Use Rule (SNUR) to require notification to EPA 90 days prior to U.S. manufacture, import or processing of elemental mercury for use in convenience light switches, anti-lock brake system (ABS) switches and active ride control system switches in certain motor vehicles.
Water
Final Rule - Water Quality Guidance for the Great Lake Systems (Great Lakes Initiative) - In l995, EPA and the Great Lakes states agreed to a comprehensive plan to restore the health of the Great Lakes. The Final Water Quality Guidance for the Great Lakes System, also known as the Great Lakes Initiative, includes criteria for states to use when setting water quality standards for 29 pollutants, including bioaccumulative chemicals of concern, and prohibits the use of mixing zones for these toxic chemicals.
Method 1631: Guidelines Establishing Test Procedures for the Analysis of Pollutants; Measurement of Mercury in Water - EPA publishes methods used by industrial and municipal facilities to analyze the components of wastewater, drinking water, sediment, and other environmental samples. The methods are used to collect scientific information under the Clean Water Act and the Safe Drinking Water Act. Method 1631 is an additional testing procedure for compliance and water quality monitoring, effluent guidelines, and general laboratory use that improves EPA's ability to measure mercury in water.
Water Quality Criteria for Methylmercury - New criteria to protect human health from methylmercury, the form of mercury that accumulates in fish.
Total Maximum Daily Load (TMDL) Regulations and Guidance - EPA's regulations and guidance for the Total Maximum Daily Load, the maximum amount of a pollutant (including mercury) that a waterbody can receive and still meet water quality standards. Air deposition information is also available.
Listing Waters Impaired by Atmospheric Mercury under Clean Water Act Section 303(d), also known as “subcategory 5m”: The approach is recommended for states that have in place a comprehensive mercury reduction program with elements recommended by EPA. These states may put their waters impaired by mercury primarly from air sources in a subcategory "5m" of their 303(d) lists and defer development of Total Maximum Daily Loads (TMDLs). The approach uses Clean Water Act tools to encourage state and regional mercury reduction programs, and recognizes early actions by states to address their mercury sources and achieve environmental results sooner.
Wastes and Products
Hazardous Waste Identification Regulations (40 CFR Part 261) - Classification of solid wastes as hazardous wastes is based on exhibited hazardous waste characteristics and/or on inclusion of the waste on a list of hazardous wastes developed by EPA. Once a waste has been identified as hazardous, it must comply with all applicable Federal regulations regarding its management, which are contained in 40 CFR Parts 262 through 265, 268, and Parts 270, 271, and 124.
Universal Waste Regulations (40 CFR Part 273) - Stream-lined collection requirements for certain wastes, including mercury-containing batteries, pesticides, lamps, and thermostats.
Land Disposal Restrictions (LDR) Regulations (40 CFR Part 268) - Regulations to minimize hazards from the land disposal of hazardous wastes by setting treatment standards for mercury in hazardous wastes that must be achieved before land disposal.
Solid Waste Combustion Rules (Section 129)(PDF) (1 pp, 12.6KB, About PDF) - Find information about EPA's air emission regulations for large and small municipal waste combustors; hospital, medical and infectious waste incinerators; and commercial and industrial solid waste incinerators and, other solid waste incinerators (e.g., very small municipal waste combustors, institutional waste incinerators, etc.). Regulatory text, technical information, compliance and enforcement information, implementation guidance for states, and related links are provided.
Reduction of Toxic Air Pollutants from Mercury Cell Chlor-Alkali Plants; Final Rule - December 19, 2003 - The final rule reduces mercury emissions from mercury cell chlor-alkali plants that are considered "major sources" of hazardous air pollutants as well as facilities considered to be "area sources". Mercury cell chlor-alkali plants produce chlorine and caustic using mercury cells.
Reduction of Toxic Air Emissions from Combustion Sources that Burn Hazardous Waste - This proposed rule would reduce emissions of toxic air pollutants, including mercury, from five types of combustion sources that burn hazardous waste (incinerators, cement kilns, lightweight aggregate kilns, boilers, and hydrochloric acid production furnaces). Sources that would be affected by the proposal combust hazardous waste in order to treat or detoxify the waste.
Reduction of Toxic Air Emissions from Industrial, Commercial, and Institutional Boilers and Process Heaters - This final rule reduces toxic air pollutants, including mercury, from industrial, commercial, and institutional boilers and process heaters. Boilers burn coal and/or other substances such as wood to produce steam. The steam is used to produce electricity or provide heat. Process heaters heat raw or intermediate material during an industrial process. This rule limits the amount of air toxics that may be released from exhaust stacks of all new (built after January 13, 2003) and existing large and limited use solid fuel boilers and process heaters that are located at facilities considered to be major sources of air toxics.
Methods 7470A-7474 - Test methods that can be used to detect the presence of mercury for use in complying with Resource Conservation and Recovery Act (RCRA) regulations.
States
State Legislation and Regulations - Many states have enacted legislation and written regulations with the goal of reducing mercury emissions to air, land, and water. Links to state legislation, regulations, and resolutions; and county/city ordinances are listed below, sorted by state.
Interstate
Mercury Education and Reduction Clearinghouse (IMERC)- The Northeast Waste Management Officials' Association’s
(NEWMOA) Interstate Mercury Education and Reduction Clearinghouse
(IMERC) provides ongoing technical and programmatic assistance
to states that have enacted provisions of the Mercury Education
and
Reduction
Model Legislation, and provides a single point of contact for industry
and the public for information on mercury-containing products and
member states' mercury education and reduction programs.
Mercury
in Schools Project Status of Local, State and Federal Mercury
Product Legislation and Laws
Mercury in the Air - documents related to the development of Wisconsin's mercury emissions reduction rules
Related Information
Clear Skies - Proposed Clear Skies legislation would create a mandatory market-based program that would significantly reduce power plant emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury by setting a national cap on each pollutant and allowing trading.
Reducing Mercury - A collection of useful links to Web sites containing information on national and state laws and regulations and voluntary efforts by many organizations to reduce mercury use and emissions.
Status
of Local, State and Federal Mercury Product Legislation and Laws,
2003-2004 Legislative Sessions-
The Northeast Waste Management Officials' Association’s
(NEWMOA) list of mercury product legislation currently under
consideration, along with their status and web page links.
Guidance and Technical Assistance Resources
Guidance for Reporting Toxic Chemicals: Mercury and Mercury Compounds Category (PDF) (49 pp., 96K, About PDF) - This guidance document is intended to assist industry with Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 reporting for mercury and mercury compounds. In addition to providing an overview of aspects of the statutory and regulatory requirements of the EPCRA Section 313 program, this document also provides recommendations and emission factors to assist industry with EPCRA reporting.
Interstate
Mercury Education and Reduction Clearinghouse (IMERC)-
The Northeast Waste Management Officials' Association’s
(NEWMOA) Interstate Mercury Education and Reduction Clearinghouse
(IMERC) provides ongoing technical and programmatic assistance
to states that have enacted provisions of the Mercury Education
and Reduction Model Legislation, and provides a single point
of contact for industry and the public for information on mercury-containing
products and member states' mercury education and reduction programs.
Federal Register Notices, Support Documents, and Public Comments
Laws and Regulations - Laws and regulations are a major tool in protecting the environment. This resource explains how laws and regulations are created and how they are used by the Federal Government, along with resources about major environmental laws.