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Regulatory Actions

Information provided for informational purposes only Note: EPA no longer updates this information, but it may be useful for historical purposes. See https://www.epa.gov/airquality/powerplanttoxics/ for information about standards to limit mercury, acid gases and other toxic pollution from power plants.

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Information about EPA's decision process and chronology for controlling mercury emissions from power plants

Final Cogeneration Unit Definition Change
October 11, 2007 - EPA finalized a change to the thermal efficiency calculation in the cogeneration unit definition in the Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans, and the Clean Air Mercury Rule (CAMR) for boilers co-firing biomass that will likely make it possible for some additional units to qualify for the cogeneration unit exemption in these rules. EPA also made minor technical corrections to CAIR, the CAIR FIPs, CAMR, and the Acid Rain Program rules. This rule becomes effective on November 19, 2007, 30 days from publication in the Federal Register. .

Optional Methods for Measuring Mercury from Power Plants
August 17, 2007 - EPA issued a direct final rule to add two optional methods for measuring mercury (Hg) emissions at coal-fired power plants. The direct final rule also includes several amendments related to mercury monitoring provisions at coal-fired power plants.

This action would amend the testing and monitoring requirements for mercury specified in the Clean Air Mercury Rule (CAMR) on May 18, 2005 (70 FR 28606). CAMR established nationwide requirements to significantly reduce mercury emissions from coal-fired power plants.

These direct final rule technical amendments will be effective 60 days after publication of the direct final rule in the Federal Register. However, if EPA receives significant adverse comments on these changes, EPA will address the comments in a subsequent final rule based on the parallel proposal issued in conjunction with the direct final rule.

Proposed Cogeneration Unit Definition Change
April 16, 2007 - EPA proposed a change to the thermal efficiency calculation in the cogeneration unit definition in the Clean Air Interstate Rule (CAIR) model cap-and-trade rules, the CAIR FIP, the Clean Air Mercury Rule (CAMR) and the proposed CAMR Federal Plan for units burning biomass. EPA also proposed minor technical corrections to CAIR and the Acid Rain Program rules, and minor revisions to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. Comments on this proposal are due to EPA by 45 days after publication in the Federal Register.

Public Hearing for Proposed Federal Plans for the Clean Air Mercury Rule (CAMR)
January 4, 2007 - EPA will conduct a public hearing for the Proposed Federal Plans for the CAMR in Washington DC on January 18, 2007. The public hearing will provide interested parties the opportunity to present oral testimony regarding issues raised in the proposed CAMR Federal Plan.

Proposed Federal Plans for the Clean Air Mercury Rule (CAMR)
December 8, 2006 - EPA proposed federal plans as backstops to ensure that power plants affected by the Clean Air Mercury Rule (CAMR) reduce their mercury emissions on schedule. Comments on this proposal are due to EPA by 60 days after publication in the Federal Register.

EPA Issues Notice on Receipt of State Plans
December 8, 2006 - EPA issued a notice listing the states that have submitted plans as required by the Clean Air Mercury Rule (CAMR). The rule required states to submit plans to EPA by November 17, 2006. As of the deadline, 21 states have submitted plans of the 53 jurisdictions (states, tribes and the District of Columbia) covered by the rule. The CAMR stipulates that states can continue their efforts to develop plans and submit them to EPA after the deadline. EPA has proposed a federal plan to directly regulate mercury from coal-fired power plants where states have not provided a plan to EPA.

EPA Completes Reconsideration of Mercury Rule and of Regulatory Finding on Utility Emissions
May 31, 2006 - EPA took final action to reconsider its Clean Air Mercury Rule and its determination that regulation of electric utility steam generating units under section 112 of the Clean Air Act was neither necessary nor appropriate (called the section 112 rule). The Agency took this action in response to petitions filed by several states, tribes, industry, and environmental groups.

EPA Grants Reconsideration of Clean Air Mercury Rule
October 21, 2005 - EPA has issued a notice of proposed rulemaking to reconsider certain aspect of its final Clean Air Mercury Rule. This action is in response to petitions submitted by 14 states, five environmental groups, a public utility, and a waste services association.

EPA Grants Reconsideration of Regulatory Finding on Utility Emissions
October 21, 2005 - In December 2000, EPA issued a regulatory finding on (a) the emissions of hazardous air pollutants from electric utility steam generating units, and (b) the removal of coal- and oil-fired electric utility steam generating units from the Clean Air Act's Source Category List. In an action closely related to the Clean Air Mercury Rule, EPA has issued a proposal to reconsider certain aspects of it's rule to revise the December 2000 finding. EPA is responding to petitions for reconsideration submitted by 14 states, five environmental groups and four tribes.

Final Clean Air Mercury Rule
March 15, 2005 - EPA issued the Clean Air Mercury Rule to permanently cap and reduce mercury emissions from coal-fired power plants for the first time ever.

Notice of Data Availability (NODA)
December 1, 2004 - Notice of Data Availability (NODA) supporting EPA's proposed Clean Air Mercury Rule. EPA received over 680,0001 public comments on the rule proposed in January and the related supplemental proposal issued in March. EPA received comments on the Agency’s modeling results, including our modeling assumptions. The Agency also received modeling analyses conducted by different commenters, some of which used models and/or assumptions different from EPA. The NODA summarizes the modeling analyses presented by EPA and the commenters and solicits comment on the inputs and assumptions underlying those analyses. The NODA also seeks comment on EPA’s benefits assessment.

1As of February 2005, EPA E-Docket shows an actual count of more than 490,000 public comments and close to 4,500 unique comments received. The initial count of 680,000 and 5,000 included duplicate and triplicate e-mails and comments related to other rules.


Supplemental Mercury Proposal
February 24, 2004 - This proposal includes a model cap-and-trade program as well as monitoring and reporting requirements for States choosing to participate in the trading program (signed February 24, 2004; published March 16, 2004).

Proposed Utility Mercury Reductions Rule
December 15, 2003 - This rule will reduce mercury emissions from electric utilities (signed December 15, 2003; published January 30, 2004).

 

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