Interstate Air and Mercury Rules

Proposed for Power Plants 

On July 19, 2004, the USEPA announced the receipt of a complete petition from the American Chemistry Council (ACC) requesting the removal of methyl isobutyl ketone (MIBK), or hexone, CAS Number 108101, from the list of hazardous air pollutants.  EPA is taking comment until August 18, 2004.  (69FR 42954-42956).

The USEPA has set a deadline of March 15, 2005 for finalizing the Interstate Air Rule for reducing emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) from power plants.  The proposed rule was published in the January 30, 2004 Federal Register.  Over 540,000 total comments were received on the proposed rule.  The focus of the Interstate Air Quality Rule is to limit emissions of 29 upwind states that are significantly contributing to fine particle (PM2.5) and ozone non-attainment problems in downwind states in the eastern United States.  The rule will require the upwind states to revise their State Implementation Plans to include control measures to reduce emissions of SO2, a precursor to PM2.5, and NOx, a precursor to ozone.  Reducing upwind precursor emissions will assist the downwind PM2.5 and 8-hour ozone non-attainment areas in achieving the National Ambient Air Quality Standards (NAAQS).  The USEPA is proposing that the emission reductions be implemented in two phases.  The first phase will commence in 2010 and the second phase in 2015.  Rule implementation would result in 65% and 70% reductions in NOx and SO2 emissions, respectively.  Reductions are based on a multi-state cap and trade program.

Utility Mercury Reductions Rule

Concurrent with the Interstate Air Rule, the USEPA offered two approaches for reducing the estimated 48 tons of mercury currently emitted each year by coal-burning power plants.  Option one is to permanently cap and reduce mercury emissions from power plants to take advantage of the concurrent reductions of mercury that occur with low-NOx burners, SCR, SNCR and other control scenarios.  The second option requires utilities to install the “maximum achievable control technology” (MACT).

Opponents to the “Cap and Trade” Rule believe that the action directly opposes CAA Section 112 (Air Toxics) requirements.  EPA favors the approach and believes the “cap and trade” approach will achieve higher mercury reductions.   See www.epa.gov/air/mercuryrule for more information. 

 Author: Jill W. Merrill, President

 Date: 10/6/04

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