EPA ISSUES FINAL RULE FOR POLLUTION CONTROL AT POWER PLANTS

EPA ISSUES FINAL RULE FOR POLLUTION CONTROL AT POWER PLANTS

On December 16, 2011, the Environmental Protection Agency (EPA) announced the issuance of a final rule limiting emissions of mercury, arsenic, acid gas, nickel, selenium, and cyanide from coal and oil-fired power plants. These mercury and air toxics standards are meant to reduce emissions from new and existing electric utility steam generating plants.

The rule applies to new and existing power plants larger than 25 megawatts that burn coal or oil to produce electricity for sale through the national electric grid. It does not apply to natural gas-fired power plants unless the fuel for those plants is produced by gasifying coal or oil. The EPA estimates that there are approximately 600 power plants that will be affected by this rule, including more than 200 in the South.

Existing plants generally will have up to 4 years if they need it to comply with the new rules. This includes the 3 years provided to all sources by the Clean Air Act. Under the Clean Air Act, state permitting authorities can also grant an additional year as needed for technology installation.

This new rule requires many facilities around the country to implement more stringent pollution control technologies that will help them meet these standards. If you or your clients produce electric power you should review these new standards for pollution controls that must be implemented.

Department Head


Britt Monroe
bmonroe@lgwmlaw.com
205-967-8822