No. 29230 (New Rule): R307-224. Mercury Emission Standards: Coal-Fired Electric Generating Units

DAR File No.: 29230
Filed: 11/15/2006, 11:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R307-224 incorporates by reference parts of 40 CFR Part 60, Subpart HHHH, which requires nationwide reductions in mercury emissions from coal-fired electric generating units (see separate filings in this issue on Rules R307-210, R307-220, and R307-424). (DAR NOTE: The proposed amendment for Rule R307-210 is under DAR No. 29228, the proposed amendment for Rule R307-220 is under DAR No. 29229, and the proposed new Rule R307-424 is under DAR No. 29231 in this issue, December 1, 2006, of the Bulletin.)

Summary of the rule or change:

The Air Quality Board proposes to incorporate by reference most of 40 CFR Part 60, Subpart HHHH, which establishes a national cap and trade program for mercury emissions from coal fired power plants and institutes a two-phase reduction program. In 1999, mercury emissions from coal-fired electric generating units were estimated at 48 tons nationally; by 2010, emissions will be limited to 38 tons, and in 2018, to 15 tons. Any new electric generating unit beginning construction after January 30, 2004, must meet emission limits in Subpart Da; for units already in existence, each state must write a Designated Facilities Plan demonstrating that emissions will not exceed the amounts budgeted for that state. See separate filing on Rule R307-220, which incorporates Utah's Designated Facilities Plan, and Rule R307-424.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(q)

This rule or change incorporates by reference the following material:

40 CFR Part 60, Subpart HHHH, effective July 1, 2006

Anticipated cost or savings to:

the state budget:

There is no additional cost to state government, as the cost of enforcing the regulations is covered by the fees paid by the affected sources for their permits under Rule R307-415, Operating Permits.

local governments:

There are no costs to local governments, because any regulated sources owned by local governments pay their fees from the revenue generated by selling electric power.

other persons:

The regulated sources will receive allowances for all their current emissions of mercury. There is nothing in this rule that requires regulated sources to add additional control measures, and thus, there is no cost. However, the Plan requires that affected sources install continuous emissions monitoring equipment; the cost is unknown because the equipment does not yet exist.

Compliance costs for affected persons:

The regulated sources will receive allowances for all their current emissions of mercury. There is nothing in this rule that requires regulated sources to add additional control measures, and thus there is no cost. However, the Plan requires that affected sources install continuous emissions monitoring equipment; the cost is unknown because the equipment does not yet exist.

Comments by the department head on the fiscal impact the rule may have on businesses:

Utah's allowance under the national program is adequate to allow electric generating units to continue to operate without changing their mercury emissions. However, there will be unknown expenses to install continuous emissions monitoring equipment. Reductions will be achieved by adoption of Rule R307-424 (see separate filing in this issue). Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/02/2007

Interested persons may attend a public hearing regarding this rule:

12/12/2007 at 1:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT
(DAR NOTE: the correct date for this hearing is 12/12/2006))

This rule may become effective on:

02/07/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-224. Mercury Emission Standards: Coal-Fired Electric Generating Units.

R307-224-1. Purpose and Applicability.

(1) Nationwide reductions of mercury (Hg) emissions from certain coal-fired electric generating units are required by 40 CFR Part 60, subparts B and HHHH, in effect on June 9, 2006, and by the Designated Facilities Plan for coal-fired electric generating units, incorporated by reference at R307-220-5.

(2) R307-224 regulates mercury emissions from any coal-fired electric generating unit as defined in 40 CFR 60.24.

 

R307-224-2. Emission Guidelines and Compliance Times for Coal-Fired Electric Generating Units.

(1) The following sections of 40 CFR Part 60, subpart HHHH effective on June 9, 2006, are adopted and incorporated by reference into these rules:

(a) Sections 60.4101 through 60.4124;

(b) Sections 60.4142 paragraph (c)(2) through paragraph (c)(4);

(c) Sections 60.4150 through 60.4176.

 

KEY: air pollution, electric generating unit, mercury

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, Implemented, or Interpreted Law: 19-2-104(3)(q); 40 CFR Part 60, Subparts Da and HHHH