Mercury, Cap and Trade, California Waiver and Other Developments on Climate Change and Coal
There has been major developments as a result of litigation, policy, rulemaking and legislation in the last few weeks relating to climate change and coal fired power plants. Some changes are a result of outstanding litigation. However, the most significant changes are indicative of the sea change that is occurring at the federal level under the Obama Administration relative to climate change.
Here is a review:
- EPA will not regulate mercury by cap and trade- EPA Administrator Jackson announced today that the Agency will be moving forward with rulemaking to regulate mercury emissions from coal plants. "President Obama's EPA does intend to regulate mercury under section 112 of the Clean Air Act," said Jackson. Acting solicitor general Edwin S. Kneedler will drop the prior appeal of the decision in New Jersey v. EPA which struck down the Bush Administration cap and trade proposal for regulating mercury.
- NEPA reviews of climate change impact required for oversees projects- The Obama Administration has settled an outstanding lawsuit which sought to compel NEPA reviews of climate change impacts for oversees projects financed with federal money. Western cities and environmental groups alleged that Export-Import Bank of the United States and the Overseas Private Investment Corporation illegally provided more than $32 billion in financing and insurance to fossil fuel projects over 10 years without assessing whether the projects contributed to global warming or impacted the U.S. environment, as they were required to do under the National Environmental Policy Act (NEPA). The settlement will require NEPA reviews and will also require future reductions of greenhouse gases.
- BACT for coal plants does not mean IGCC- A Texas Appeals Court rejected a challenge to a permit for a new 800 mw pulverized coal plant. Appellants has argued the permit should have required IGCC technology as BACT instead of the proposed pulverized coal technology. Consistent with other Court decisions looking at BACT, the Court said control technologies under BACT must be applied to the proposed project which in this case was a pulverized coal plant.
- No Climate Change Legislation This Year- Senator Boxer released here principles for what must be included in the Senate version of climate change legislation. Senator Boxer said “Copenhagen is December...That’s why I said we’ll have a bill out of this committee by then.” However, any bill passing out the committee still must pass the full senate and be reconciled with the House bill. This schedule renders it impossible that cap and trade legislation will pass Congress in 2009.
- EPA begins review of California Waiver Decision- In a press release today, EPA announced they are beginning the review of the California waiver request to regulate greenhouse gas emissions from vehicles. I think this quote from the EPA press release pretty much tells you what the outcome will be - "EPA believes that there are significant issues regarding the agency’s denial of the waiver. The denial was a substantial departure from EPA’s longstanding interpretation of the Clean Air Act’s waiver provisions. "
(Photo: CJJohnson7/everystockphoto.com)
FOR IMMEDIATE RELEASE
MERCURY FREE PARTNERSHIP DEVELOPS DRAFT OF GROUNDBREAKING LEGISLATION TO KEEP AIR AND WATER CLEAN
Communities and Individuals Form Coalition Focused on Mercury Reduction within
Broad Environmental Policy
September 9, 2009—The Mercury Free Partnership has developed a draft of legislation which would reduce 90% of harmful mercury emissions from coal-fired power plants, the largest emitter of mercury in the United States. This draft, called the Mercury Reduction Act of 2009, would target coal-fired plants which emit more than 100,000 pounds of mercury into the air each year. In fact, the EPA estimates that about 250 pounds of mercury are currently pumped out of U.S. coal-fired plants into the atmosphere every single day, contaminating our nation’s air and water supplies. Contamination not only poses a multitude of health risks to extremely vulnerable citizens, but it also significantly affects the economic interests of related industries. This is an important initiative because so much attention has been focused on global climate change; what has to be realized is that immediate mercury reduction alone would significantly enhance environmental and health benefits in our world. The purpose of this draft is to initiate dialogue with all concerned stakeholders in order to develop a finalized piece of legislation.
The Mercury Free Partnership believes that the new administration will be taking the necessary steps to curb various industrial emissions and ensure that citizens are protected from many harmful chemicals produced by the market. To make certain that mercury emissions are not swept under the rug in this crucial time period, the Mercury Free Partnership will focus on engaging Congress to work on delivering sensible mercury reduction legislation in the coming session. This can be done with new green technologies that will save lives, create jobs and build momentum for comprehensive environmental change.
The Proposed Legislative Principles of the Mercury Reduction Act of 2009
The key elements of the proposal are as follows:
• Phased reductions that are achievable by utilities versus one hard standard.
• 80% of capture inlet mercury by 2012 (a level that can be met with current technology).
• 90% of capture inlet mercury by 2015.
• Flexible monitoring systems.
• Excess emissions penalties of $50,000 for each pound of mercury emitted over the limit.
These points show how the Mercury Reduction Act will deal directly with the problem of mercury, and will do so in an immediate manner. According to Hazel N. Dukes, President of the NAACP New York State Conference, more focus is needed on particular legislation: “While we recognize the desire to also tackle the broader air issues, we fear that those issues will get bogged down in partisan wrangling, or most likely litigation, and we will end up with years more of pollution impacting our community.” The Mercury Reduction Act will serve as interim bridge to current legislation, providing one national standard for mercury reduction, while providing measureable, achievable reductions of mercury from coal-fired plants. Most importantly, the MRA provides a significant environmental benefit in an area not addressed by larger climate change legislation moving through Congress: mercury reduction.
Mercury emissions are a major health issue with serious financial impact, but technology exists today that can clean up to 90% of airborne mercury emissions from coal-fired plants.
There are many effective technologies to reduce mercury. One such technology is called Activated Carbon Injection (ACI). It has been found to reduce 90% of the mercury emissions from waste incinerators. A small amount of activated carbon is injected into the plant ductwork where it captures the gaseous mercury and then is removed along with the plant’s fly ash in particulate collectors. This highly effective environmental solution is very cost-effective, costing only about $1 per month per residential customer for 90% reductions according to a detailed 2004 study by the National Wildlife Federation, and significant cost reductions have been made since then.
Recent evaluations by the Government Accountability Office (GAO) have confirmed that the technology to reduce mercury emissions from coal-fired power plants by up to 90% percent exists. In testimony submitted to the Senate Subcommittee on Clean Air and Nuclear Safety, John B. Stephenson, Director of Natural Resources & Environment at the GAO, explains how sorbent injection systems have demonstrated the ability to reduce mercury emissions from coal-fired power plants anywhere from 80 to 90%.
How to Support the Mercury Free Partnership and the Mercury Reduction Act of 2009
The Mercury Free Partnership is looking to partner with a broad base of individuals and organizations, as no one organization or individual can tackle the daunting task of environmental/health protection alone. It has already received the support of a broad cross-section of environmental, community and science-based groups, including a majority of utilities in key coal-fired utility states. Indications of support have been shown from the EPA, the Obama administration, as well as a large number of congressional members from key regions of the U.S. The Mercury Free Partnership has the specialized and localized knowledge needed to fully inform state and national policymakers as they consider impending legislation.
The House Committee on Energy and Commerce, and more specifically the Subcommittee on Energy and the Environment, oversees such legislation. In addition to contacting the Mercury Free Partnership, you can contact the office of Rick Boucher (VA-9) directly at:
Congressman Rick Boucher
2187 Rayburn House Office Building
Washington, D.C. 20515
202-225-3861
202-225-0442(fax)
For more information on this issue, please visit www.mercuryfreepartnership.org.
The Mercury Free Partnership is a group of organizations, non-profits, and green businesses that are dedicated to enacting sensible and comprehensive Mercury reduction legislation in the 2009 U.S. Congressional session. Working collectively with all stakeholders, the utility industry, medical and advocacy groups and clean coal industries we believe we can achieve our goal of removing significant amounts of Mercury from the environment while maintaining essential energy and financial areas of our economy.
Contact: Jason Sabo, Mercury Free Partnership, 877-603-2337 or info@mercuryfreepartnership.org