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This page covers the recent rulemaking events and the response of the Washington State Department of Ecology (Ecology).
Mercury from power plants discusses the general topic of mercury-reduction from coal-fired power plants in Washington state.
In March 2005, the Federal Environmental Protection Agency (EPA) adopted rules covering mercury emissions from new and existing coal-burning power plants. Under EPA’s “cap-and-trade” system—also known as allowance trading—companies can buy and sell mercury emission allowances. EPA also established mercury-emission standards for new coal-burning power plants.
On Feb. 8, 2008, the Washington, DC Circuit Court of Appeals struck down both of these rules on the grounds that EPA didn't follow federal Clean Air Act requirements in adopting them.
Since EPA had established, or "listed," coal-burning power plants as a source category subject to regulation as a hazardous air pollutant, the Court said that EPA is required to follow the language in the Clean Air Act for "delisting" these plants as a category. Since EPA didn't follow those requirements, the Court held that the rules for coal-burning power plants were invalid.
On March 14, the District Court officially threw out (vacated) EPA’s two rules.
On March 24, EPA and a group of electric utilities filed an appeal for a full panel review of the case. They also argued that the basis for the decision was incorrect. If the court agrees to hold a panel review, it will recall the order throwing out the rules.
Could EPA delist the source category, now?
The Clean Air Act allows EPA to delist a category if it showed that mercury emissions from any power plant would not harm the environment or “exceed a level which is adequate to protect public health with an ample margin of safety.” Refer to Section 112(c)(9)(B) of the Clean Air Act.
It is unlikely EPA could make this determination, so they must establish an emission standard for power plants by determining the maximum achievable control technology for both new and existing plants. The rules EPA proposed under this process in 2004 will provide a starting basis. But since that time, other states have required power plants to install emissions control technology so the baseline for EPA’s evaluation has changed.
Mercury from Power Plants
Air Quality Program's Mercury Rulemaking page
EPA's decision process and chronology for controlling mercury emissions from power plants
Controlling Power Plant Emissions Overview page from EPA
Federal court decision Pdf copy of the decision wherein the Federal court strikes down EPA's cap-and-trade rule for coal-burning power plants.
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
