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EPA/AR RIN: 2060-AP52 Publication ID: Fall 2011 
Title: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Electric Utility Steam Generating Units 
Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule requiring reductions in emissions of mercury from Electric Utility Steam Generating Units. That rule was vacated on February 8, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. As a result of that vacatur, coal- and oil-fired electric utility steam generating units remain on the list of sources that must be regulated under section 112 of the Clean Air Act (CAA). The Agency will develop standards under CAA section 112(d), which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112(d) rules will be considered in developing this regulation. The rule was proposed on May 3, 2011 (76 FR 24976). Under this action, EPA also proposed amendments to the criteria pollutant new source performance standards (NSPS) for utilities. On February 27, 2006, EPA promulgated amendments to the utility NSPS and was subsequently sued by multiple state attorney general offices and environmental organizations. On September 2, 2009, EPA was granted a voluntary remand without vacatur of the 2006 amendments. Combining the two rules in a single action provides interested parties the opportunity to provide comments on the combined requirements of the two rules. It also avoids double-counting either costs or environmental benefits of the separate rules. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 63    40 CFR 60, subpart Da     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Clean Air Act sec 112(d)    Clean Air Act sec 111(b)   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  No later than March 16, 2011, EPA shall sign for publication in the Federal Register a notice of proposed rulemaking.  03/16/2011 
Final  Judicial  No later than December 16, 2011, EPA shall sign for publication in the Federal Register a notice of final rulemaking.  12/16/2011 

Statement of Need: Section 112(n)(1)(A) of the Clean Air Act required EPA to conduct a study of the hazards to public health resulting from emissions of hazardous air pollutants from electric utility steam generating units and, after considering the results of that study, determine whether it was appropriate and necessary to regulate such units under section 112. The study was completed in 1998, and, in December 2000, EPA determined that it was appropriate and necessary to regulate coal- and oil-fired electric utility steam generating units and added such units to the list of sources for which standards must be developed under section 112. The February 8, 2008, vacatur of the May 18, 2005, Clean Air Mercury Rule and March 29, 2005, section 112(n) revision rule (which had removed such sources from the list) resulted in the requirement to regulate under section 112 being reinstated.

Summary of the Legal Basis: Clean Air Act, section 112

Alternatives: Not yet determined.

Anticipated Costs and Benefits: EPA estimates that this final rule will yield annual monetized benefits (in 2007$) of between $37 to $90 billion using a 3 percent discount rate and $33 to $81 billion using a 7 percent discount rate. The great majority of the estimates are attributable to co-benefits from 4,200 to 11,000 fewer PM2.5-related premature mortalities. The monetized benefits from reductions in mercury emissions, calculated only for children exposed to recreationally caught freshwater fish, are expected to be $0.004 to $0.006 billion in 2016 using a 3 percent discount rate and $0.0005 to $0.001 billion using a 7 percent discount rate. The annual social costs, approximated by the compliance costs, are $9.6 billion (2007$) and the annual monetized net benefits are $27 to $80 billion using 3 percent discount rate or $24 to $71 billion using a 7 percent discount rate. The benefits outweigh costs by between 3 to 1 or 9 to 1 depending on the benefit estimate and discount rate used.

Risks: Not yet determined.

Action Date FR Cite
Public Hearing Notice  04/28/2011  76 FR 23768   
NPRM  05/03/2011  76 FR 24976   
NPRM Comment Period Extended  07/01/2011  76 FR 38590   
Final Action  12/00/2011    
Additional Information: EPA publication information: NPRM -!documentDetail;D=EPA-HQ-OAR-2009-0234-2910; EPA Docket information: EPA-HQ-OAR-2009-0234, EPA-HQ-OAR-2005-0031
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Yes 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: Yes 
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: Yes 
Agency Contact:
Bill Maxwell
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5430
Fax:919 541-5450

Robert J Wayland
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-1045
Fax:919 541-5450

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