HomeMy WebLinkAboutMemo - Mail Packet - 3/5/2019 - Memorandum From Lucinda Smith And Matt Zoccali Re: Proposed Changes To Federal Mercury And Air Toxics Regulations1
Environmental Services
PO Box 580
215 North Mason
Fort Collins, CO 80522
970.221.6600
970.224.6177 - fax
fcgov.com
MEMORANDUM
TO: Mayor Troxell and Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Jackie Kozak-Thiel, Chief Sustainability Officer
Kevin R. Gertig, Utilities Executive Director
FROM: Lucinda Smith, Director, Environmental Services
Matt Zoccali, Senior Manager, Environmental Regulatory Affairs
DATE: February 26, 2019
RE: Proposed Changes to Federal Mercury and Air Toxics Regulations
The purpose of this memorandum is to respond to a request made at the February 19, 2019 City
Council meeting under Other Business to evaluate the mercury rule and indicate whether or how
this might dovetail with the City’s environmental objectives. PRPA perspective on this was also
requested.
Bottom-Line
The United States Environmental Protection Agency (EPA) has released a proposed rulemaking
affecting the Federal Mercury and Air Toxics Rule (MATS). Among other things, the package
proposes that it is not “appropriate and necessary” to regulate hazardous air toxics based on a cost
benefit analysis. EPA is not currently proposing to weaken existing standards but is taking
comment on making additional changes. Even if MATS Rule requirements were removed this
would not impact technologies and operations already in place that reduce hazardous air pollutant
emissions from the Platte River Power Authority Rawhide Energy Station because the State of
Colorado maintains more stringent regulations for mercury pollution. Additionally, it will not change
the City of Fort Collins’ strategies, policies, or procedures related to pollution prevention and
environmental stewardship. City policies exist that would not support weakening of air pollution
standards.
Regulatory Background
Section 112 of the Federal Clean Air Act (CAA) requires the EPA to regulate Hazardous Air
Pollutants (HAPs), from categories of industrial facilities.
In December 2000 determined it was “appropriate and necessary” (A&N) to regulate coal- and oil-
fired power plants and added such units to the CAA List of Categories of Major and Area Sources
In 2012, the EPA promulgated the MATS, which sets standards for all HAPs emitted by coal- and
oil-fired electric generating units (EGUs) with a capacity of 25 megawatts or greater. The main
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concern regarding mercury emissions is deposition in the watersheds, and impact on human health
and wildlife.
Summary of Proposed Changes
EPA is proposing a revision to its response to the U.S. Supreme Court decision
in Michigan v. EPA (2015) which held that the EPA erred by not considering cost in its
determination that regulation of HAPs emissions from coal- and oil-fired EGUs is appropriate and
necessary.
On December 27, 2018, the EPA proposed to revise the Supplemental Cost Finding for the MATS
rule, as well as the CAA-required risk and technology review (RTR). The EPA proposes to
determine that it is not “appropriate and necessary” to regulate HAP emissions, including mercury,
from power plants under Section 112 of the CAA, based on cost benefit analysis.
Further, the EPA is proposing that in making this determination that it is not “appropriate and
necessary” would not remove coal- and oil-fired EGUs from the list of affected source categories
under regulation nor would it affect the 2012 MATs, which would remain in place. EPA is taking
comment on alternative interpretations of the impacts of its proposed finding.
Additionally, the Colorado Department of Public Health and Environment, Air Quality Control
Division, regulates emissions of mercury from power plants at levels more stringent that the
Federal requirements and Platte River Power Authority must, and does, comply with these
standards. The proposed MATS Rule will not impact the requirements at the State level.
Platte River Power Authority Perspective
Representatives of Platte River Power Authority (PRPA) have provided City staff with input on this
question.
Regardless of EPA rule-making related to the latest MATS proposal, PRPA has no plans to change
anything operationally related to controlling emissions of HAP. PRPA has continuous (24/7/365)
emissions monitoring and activated carbon injection technologies, that reduce HAP emissions
below all regulatory standards.
Relevant City Policies
The City of Fort Collins has numerous policies that support air quality improvement and reductions
in environmental damage associated with energy generation. Examples are provided below.
City of Fort Collins Legislative Policy Agenda 2019
o Air Quality
1. Supports programs and policies that improve public health and air quality and
support rapid attainment of National Ambient Air Quality Standards, including ozone.
o Energy
1. Supports efforts that promote energy affordability, safety, and reductions in fossil
fuel generated consumption for residents, businesses and institutions.
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2. Supports reductions in environmental damage caused by energy extraction and
production.
9. Supports minimizing the environmental impacts of all forms of energy.
2018 City Strategic Plan
o Environmental Health – promote, protect and enhance a healthy and sustainable
environment
4.2 Improve indoor and outdoor air quality
Staff would be happy to provide more information if requested.
CC: Chris Wood, Environmental Services Manager, Platte River Power Authority
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