NEWS RELEASE                                   MARCH 2008

Big Changes In Mercury Control

When the Clean Air Mercury Rule (CAMR) was vacated by a Federal Court on February 8, 2008, it set in motion a number of activities which will significantly impact the power plants and the suppliers.  Decisions already made must be reviewed and flexibility initiated to cope with the uncertainties.

Since many expensive projects are underway, and since it may be months or years before a clear federal program is instituted, it will be necessary to continually monitor developments.

The McIlvaine Company is advising power plants on this subject in a service entitled Power Plant Air Quality Decisions.  It is advising suppliers in the Utility Environmental Upgrade Tracking System and in Mercury Air Reduction Markets.

The consequences and problems which are created are substantial.

(1)   The ruling by the Court was broad and reinstates coal-fired power plants as toxic emitters.  Since virtually every plant exceeds the toxic threshold with

HCl, it will result in Best Available Control Technology (BACT) at every plant. 

(2)   The present burden is on the states and many are proceeding with mercury control programs which will be relatively unaffected by the court decision.

(3)   New coal-fired plants under construction or planning will have to revise permits as the mercury New Source Performance Standard (NSPS) is also vacated.  However, most of the permits reflect stringency far beyond the NSPS.  However, the challenge may only be procedural.

(4)   The CAMR monitoring program is well underway with most utilities already purchasing mercury monitoring systems in anticipation of reporting requirements starting next year.  The monitoring rules were also vacated.  Hence, a week by week scrutiny of developments in this area will be needed.

(5)   Particulate air toxics will now have to be monitored in one form or another.  CAMR disregarded particulate mercury as inconsequential.  This dismissal may no longer be possible and, at the very least, could result in frequent stack testing.

(6)   Multi-pollutant control coordination will likely become more important.  In addition to mercury, selenium, cadmium, lead, chromium and other metals will need to be considered.

(7)   Senator Carper with bipartisan support is initiating a bill which would require mercury control of at least 90 percent at each plant with a proposal date of October 2008.  Thus there is at least the possibility of fast track regulation in 2009 and possible impact on small boilers in the 2010 timeframe.

For more information on McIlvaine services on these subjects, click on:
Power Plant Air Quality Decisions
http://www.mcilvainecompany.com/brochures/energy.html#44i
Utility Environmental Upgrade Tracking System:
http://www.mcilvainecompany.com/brochures/energy.html#42ei
Mercury Air Reduction Markets
http://www.mcilvainecompany.com/brochures/air.html#n056