The U.S. Environmental Protection Agency (EPA) is using its authority under section 114 of the Clean Air Act, as amended, (the Act) to require that all coal-fired electric utility steam generating units provide certain information that will allow the Agency to calculate the annual mercury emissions from each such unit. This information will assist the Administrator of the EPA in determining whether it is appropriate and necessary to regulate emissions of hazardous air pollutants (HAPs) from electric utility steam generating units.

Section 112(n)(1)(A) of the Act requires the Administrator of the EPA to perform a study of the hazards to public health reasonably anticipated to occur as a result of emissions by electric utility steam generating units of HAPs and to prepare a Report to Congress containing the results of the study. The study has been completed and the Final Report to Congress was issued on February 24, 1998.

In the Final Report to Congress, the EPA stated that mercury is the HAP emission of greatest potential concern from coal-fired utilities and that additional research and monitoring are merited. The EPA also listed a number of research needs related to these mercury emissions. These include obtaining additional data on mercury emissions (e.g., how much is emitted from various types of units; how much is divalent vs. elemental mercury; and how do factors such as control device, fuel type, and plant configuration affect emissions and speciation).

Section 112(n)(1)(A) of the Act also requires the Administrator to regulate electric utility steam generating units under section 112 if the Administrator finds that such regulation is appropriate and necessary after "considering the results of the study" noted above. At the time the report was issued, the Agency deferred making any determination as to whether regulation of electric utility steam generating units for HAP emissions is appropriate and necessary. The Administrator interprets the quoted language as indicating that the results of the study are to play a principle, but not exclusive, role in informing the Administrator's decision as to whether it is appropriate and necessary to regulate electric utility steam generating units under section 112. The Administrator believes that in addition to considering the results of the study, she may consider any other available information in making her decision. The Administrator also believes that she is authorized to collect and evaluate any additional information which may be necessary to inform this decision, as well as possible subsequent decisions, regarding mercury emissions from electric utility steam generating units.

After carefully considering the Final Report, the Administrator has concluded that obtaining additional information from owner/operators of coal-fired electric utility steam generating units is appropriate. The data collected under this effort, along with other information, will be used by the Agency in evaluating whether or not regulation of electric utility steam generating units is appropriate and necessary and in potential subsequent regulatory decisions. Section 112(a)(8) of the Act defines "electric utility steam generating unit" as follows:

The term "electric utility steam generating unit" means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.

Specifically, the data will respond in part to the research need noted above, providing the Agency with updated information on the total amount of mercury emitted from, and on the speciation and controllability of such mercury, electric utility steam generating units. The data will be added to the existing database and will be used to further evaluate the emissions of mercury by electric utility steam generating units.

The authority for the EPA's information gathering is included in section 114 of the Act (42 U.S.C. 7414). The EPA is requiring this information under an information collection request (ICR) approved on November 13, 1998 by the Office of Management and Budget (approval expires June 30, 2000).

The EPA has contracted Research Triangle Institute (RTI) (Contract No. 68-D6-0014) to obtain information pertinent to the industry. RTI has been designated by the EPA as an authorized representative of the Agency. Accordingly, RTI will have access to information provided to the EPA in response to this request. As a designated representative of the Agency, RTI is subject to the provisions of 42 U.S.C. 7414(c) respecting confidentiality of methods or processes entitled to protection as trade secrets.

OMB Control Number 2060-0396
Last Update: 22 May 2001
utilityhelp@rti.org