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Legislation and Regulations.

Regulation of Mercury and Fine Particulate Emissions 

The EPA is currently developing regulations to reduce emissions of fine particulates and mercury from electric power plants. Efforts to reduce emissions of particulate matter less than 2.5 microns in diameter (PM2.5) began with the issuance of National Ambient Air Quality Standards (NAAQS) on July 16, 1997. Before then, only coarse particle emissions (10 microns and larger) were regulated. 

The EPA and the States are now measuring fine particulate concentrations throughout the country to determine which areas are not in compliance with the (PM2.5,) as required by the NAAQS. The EPA plans to make final designations identifying attainment and nonattainment areas by December 15, 2004 [2]. Following the EPA designations, States will have 3 years, until December 2007, to prepare State Implementation Plans (SIPs) identifying the steps they will take to bring nonattainment areas into compliance. The SIPs are likely to include plans to reduce emissions from power plants, cars, trucks, and various industrial sources. The States will generally have until 2009, 5 years from their designation, to bring nonattainment areas into compliance, but the deadline could be extended by 5 years under some circumstances. Until the final regulations and SIPs are in place, however, the full impacts on electricity generators will not be known. 

On December 14, 2000, the EPA announced that regulating mercury emissions from oil- and coal-fired power plants as a hazardous air pollutant (HAP) under Section (112)(n)(1)(A) of CAAA90 is warranted. The EPA, which has been meeting with various stakeholder groups and reviewing the latest available data on mercury emissions control to develop emissions standards, plans to issue proposed standards on December 15, 2003, and final standards by December 14, 2004 [3]. Thereafter, electricity generators will have 3 years, until December 15, 2007, to comply. Although the new regulations are certain to have an impact, particularly on coal-fired plants, because SIPs have not been proposed, their effects are not known and are not reflected in AEO2004.

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Notes and Sources

 

Released: January 2004