Joint Appendix — Michigan v. Envtl. Prot. Agency, 135 S. Ct. 702 (2014) (No. 14-46)

Supreme Court brief2014

Ask Donna

What actually matters in this document.

Text

Sup =. we Oe

th ._:

=CORD

AND JAN 2.3 2085

SRIEFS Nos. 14-46, 14-47, 14-49 |_ormcc oF TH CLERK

Bu the Supreme Court of the Huited States

_20oe

MICHIGAN, ET AL., PETITIONERS

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.

Urtiuiry Arm REGULATORY GROUP, PETITIONER

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.

NATIONAL MINING ASSOCIATION, PETTTIONER

Vv.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.

On Wits OF CERTIORAEI

TO THE UNrrep States COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

JOINT APPENDIX —- VOLUME 1 OF 4

Donald B. Verrilli, Jr. Aaron D. Lindstrom

nd P.O. Box Shen

Department of Justice ese sar

Washington, D.C. Lansing, oe ommapell

20530-0001 — (517) 373-1124

SupremeCtBniefa@usdo}j.gov

(202) 514-2217

Petitions for Writ of Certiorari Filed July 14, 2014

Writs of Certiorari Granted November 25, 2014

Library of Congress

Law Library

Melissa Hoffer

Counsel of Record

Assistant Attorney

General

Environmental Protection

One Ashburton Place

18th Floor

Boston, MA 02130

melissa. hoffer@

state.ma.us

(617) 963-2322

Brendan K. Collins

Counsel of Record

Ballard Spahr LLP

1735 Market Street

51st Floor

Philadelphia, PA 19103

collins@ballardspahr.com

(215) 665-8500

Sean H. Donahue

Counsel of Record

Donahue & Goldberg LLP

1130 Connecticut Ave., NW

Suite 950

Washington, D.C. 20036

sean@donahuegoldberg.com

(202) 277-7085

F. William Brownell

Counsel of Record

Hunton & Williams LLP

2200 Pennsylvania Ave., NW

Washington, D.C. 20037

bbrownell@hunton.com

(202) 955-1500

Peter S. Glaser

Counsel of Record

Troutman Sanders LLP

401 Ninth Street, NW

Suite 1000

Washington, D.C. 20004

Peter.glaser@

troutmansanders.com

(202) 274-2998

TABLE OF CONTENTS

VOLUME 1 OF 4

Relevant Docket Entries

White Stallion Energy Center v. EPA

Court of Appeals

Docket No. 12-1100 1—26

ee.) eee eee ee eee eee eee se Po)

U.S. EPA, Mercury Study Report to Congress,

Vol. 1: Executive Summary, EPA-452/R-97-003

Docket No. EPA-HQ-OAR-2009-0234-3054

December 1997

Excerpts

Overview [pp. O-1 to O-4]

Report to Congress [pp. 1-1 to 1-3] 36-43

[pp. 4-1 to 4-10]

—_

teil —

EPA Study of Hazardous Air Pollutant Emissions

from Electric Utility Steam Generating Units — Final

Report to Congress, Volume 1-

Docket No. EPA-HQ-OAR-2009-0234-3052

February 1998

Excerpts

Executive Summary

ipp. ES-1 to ES-29)............................. 61-114

Utility Study Section 2.7 [p. 2-25] 115-116

Title I and Title IV,

Phase I and Phase IU,

Compliance Strategy Impact

[pp. 2-31 to 2-32]

6.0 Inhalation Risk Assessment

me, Gea Ore ll

Table 7-1 [pp. 7-8]

Si heen he ee ee ee ee ee

117-119

120-131

132-134

Areas for Further Research and Analysis

[pp. 14-8 to 14-10]

en eee eee eer eee eee tee ee

135-138

69 Fed. Reg. 4652

January 30, 2004

[pp. 4657 to 4659]

139-145

70 Fed. Reg. 15994

March 29, 2005

Sections F & G

[pp. 16019 to 16022}

146—162

Coal-to-Gas Conversion TSD,

EPA-HQ-OAR-2009-0234-3065

March 4, 2011

eee eee eee ee eee eee

Memo, “National Emission Standards for Hazardous

Air Pollutants (NESHAP) Beyond the Maximum

Achievable Control Technology (MACT) Floor

Analysis for Coal- and Oil-fired Electric Utility

Steam Generating EGUs”

EPA-HQ-OAR-2009-0234-2924

March 14, 2011 167-179

ee eee eee eee

National Mining Association’s Comments

Docket No. EPA-HQ-2009-0234 (NESHAP action)

and EPA-HQ-OAR-2011-0044 (NSPS)

76 Federal Register 24,976

May 3, 2011

Gy, STRIPE iirc FG. Oe 180—185

Connecticut Department of Energy and

Environmental Protection comments

EPA-HQ-OAR-2009-0234-20298

July 12, 2011

Excerpts

Cover letter and attachment

SERS ey PAE Sic A On SESE Ew emer 186-193

South Carolina Department of Health and

Environmental Control comments

EPA-HQ-OAR-2011-0444-5749

ST Se TT OE: am a 194-213

iV

Massachusetts Department of Environmental

Protection comments

EPA-HQ-OAR-2009-0234-18039

July 29, 2011

gS EGE aie Sar eh OED ator 214-218

NS), SRE ONG ts aioe irs Wes bien ey ee 219-227

New England Interstate Water Pollution Control

Commission comments

EPA-HQ-OAR-2009-0234-17625

August 2, 2011 228-231

Northeast States for Coordinated Air Use

Management comments

EPA-HQ-OAR-2009-0234-17843

August 2, 2011

[pp. 1 to 10] 232-252

Teeter eee ee eee eee eee ee eee ee eee Te ee eee ee ee

Attachment A (table) [pp. A-1 to A-2] 253-254

VOLUME 2 OF 4

Michigan Department of Environmental Quality

comments, EPA-HQ-0234-2009-0234-18426

I i ae 255-277

National Association of Clean Air Agencies

comments, EPA-HQOAR-2009-0234-17620

August 4, 2011

Excerpts

Cover letter and comments

en SRR eed eerie Cieets aril 278-305

Attachment 1 (table) [pp. 1 to 15] 306—320

New Jersey Department of Environmental

Protection, comments

EPAHQ-OAR-2009-0234-18444

August 4, 2011

BPEL EP SNUG Hoe HED OS ESOS EARLS NN ID 321-323

| RESTO ety iieeir snnce toyeO 324-327

Comments of Environmental and Public Health

Groups on the National Emission Standards for

Hazardous Air Pollutants from Coal- and Oil-Fired

Electric Utility Steam Generating Units; Proposed

Rule. Docket No. EPA-HQ-OAR-2011-0044-5715

August 4, 2011

Excerpt

Chapter I [pp. I-1 to I-38] 330—382

Comments of Environmental Defense Fund on the

National Emission Standards for Hazardous Air

Pollutants From Coal-and Oil-Fired Electric Utility

Steam Generating Units, Docket No. EPA-HQ-OAR-

2009-0234-18421

August 4, 2011

Part I [pp. 3 to 7] 383-392

vii

EPRI Comments on Proposed HAPs MACT Rule

EPA-HQ-2009-0234-17621

August 4, 2011

Excerpts

Specific Comments on the Environmental Fate and

Transport, Exposure and Human Health Issues, and

Risk Analyses [p. viiitox] sss 393-399

EPRI’s comprehensive sector-wide inhalation risk

assessment on all 470 coal-fired generating facilities

identified no cancer or non-cancer health risks above

regulatory risk threshold, in contrast to EPA’s 16

case studies assessment

eS fo * ., e 399-411

ine. 646 008-40 ee 412-418

ep. 3-63 O64 ee 419-422

Exelon Corporation, Comments on the National

Emission Standards for Hazardous Air Pollutants

from Coal- and Oil-Fired Electric Utility Steam

Generating Units; Proposed Rule, Docket No. EPA-

HQ-OAR-2009-0234-17648, Part 1 of 3

August 4, 2011

Excerpts

Comment 1, Sections 1.1 through 1.2

oe, © Op Be ee 423-436

Comment 2, Sections 2.1 through 2.3

ep. Bs 06 Oe eee 436—468

Comment 3, entire

se 468-497

Comment 4, entire

ot 497-503

Comment 5

ce 503-532

Comment 7, Section 7.5

a 532-536

Comment 7, Section 7.7

I 536-539

Exhibit 2, MJ Bradley & Associates LLC and

Analysis Group, “Ensuring a Clean, Modern, Electric

Generating Fleet while Maintaining Electric System

Reliability” (Aug. 2010) -— Entire report, no

attachments [pp. 1 to 24]...

Exhibit 4, NESCAUM Report, “Control Technologies

to Reduce Conventional and Hazardous Aijr

Pollutants from Coal-Fired Power Plants” (Mar. 31,

2011) — Executive Summary

sg ge 591-600

Exhibit 7, URS Report — Entire report, no appendices

[pp. 1 to 15]

COR TT eee

VOLUME 3 OF 4

Exelon Corporation, Comments on the National

Emission Standards for Hazardous Air Pollutants

from Coal- and Oil-Fired Electric Utility Steam

Generating Units; Proposed Rule

Docket No. EPA-HQ-OAR-2009-0234-17651

Part 2 of 3

August 4, 2011

Excerpts

Exhibit 10, MJ Bradley Report Update — Entire

IG i 625-665

Exhibit 11, Tierney and Cicchetti Peer Review of EEI

Report — Entire report [pp. 1 to 13] 666-685

Exelon Corporation, Comments on the National

Emission Standards for Hazardous Air Pollutants

from Coal- and Oil-Fired Electric Utility Steam

Generating Units; Proposed Rule, Docket No. EPA-

HQ-OAR-2009-0234-17650, Part 3 of 3

August 4, 2011

Excerpts

Exhibit 21 — Cicchetti Report ~ Entire report

Exhibit 23 — Environmental Health & Engineering

Inc. Report — Executive Summary and

Sections 1.0 to 3.3 [pp. 1 to 22] 755—796

VOLUME 4 OF 4

New York Department of Environmental

Conservation comments,

EPA-HQ-OAR-2009-0234-17796

August 4, 2011

Excerpts

I sh er ie 797-801

Enclosure A[pp.1to2] 802-806

Comments of the Utility Air Regulartory Group

August 4, 2011

Excerpts

Attachment 15 [pp. 6, 12, 15, 16] 807-810

eee ween

Letter from Dr. Deborah Swackhamer and Dr.

Stephen Roberts, Science Advisory Board to Lisa

Jackson, Administrator, U.S. EPA,

EPA-OAR-2009-0234-18487 — Text only

Sept. 29, 2011 811-814

Dien nn eee ee ee ee er errr eT |

Supplement to the Non-Hg Case Study Chronic

Inhalation Risk Assessment In Support of the

Appropriate and Necessary Finding for Coal- and

Oil-Fired Electric Generating Units

EPA-HQ-OAR-2009-0234-19912

November 2011

Excerpts

3. Chronic Inhalation Risk Assessment

i I Ns 815-817

es I, Ss 818

ee ne 819-820

Memorandum: Emissions Overview: Hazardous Air

Pollutants in Support of the Final Mercury and Air

Toxics Standard, EPA-454/R-11-014

November 2011

Excerpts

All title pages and text pages

te 821-829

EPA’s Responses to Public Comments on EPA's

National Emission Standards for Hazardous Air

Pollutants from Coal- and Oil-Fired Electric Utility

Steam Generating Units

EPA-HQ-OAR-2009-0234-20126

Volume 1 of 2

December 2011

Excerpts

Response to comment 25 [p. 13]

xai

2. Consideration of both public health and

environmental effects [pp. 23 to 29] _ 831-847

a. Agreement with the EPA’s interpretation that cost

is not considered under the “appropriate” analysis

b. Disagreement with the EPA’s interpretation that

cost is not considered under the “appropriate”

a 847-853

c. Agreement that EGUs were properly listed under

CAA section 112(c)(1) and may not be delisted

because they do not meet the delisting criteria in

CAA section 112(c)(9).

a eo eee,

9. Consideration of criteria pollutants under

Appropriate and Necessary Finding

I TE II a isla dccinctercctdeietoninitiaiviiedh 858-867

Response to comments 1 — 3

OO Wc ee ae 867-869

Comment 9 and Response

TN WU abe rtcceeerreriecnenl 869-874

EPA’s Responses to Public Comments on EPA’s

National Emission Standards for Hazardous Air

Pollutants from Coal- and Oil-Fired Electric Utility

Steam Generating Units

EPA-HQ-OAR-2009-0234-20126

Volume 2 of 2

December 2011

Excerpts

Response to Comments 49-50

aR Naa at at Ta A Re 876-877

Response to Comments 52-62

8 EET Ine ee 878-884

Impacts and Costs Analysis, Comment 1 and

response [p. 477]

Impects and Costs Analysis, Comment 5 and

ee a re 885-886

Impacts and Costs Analysis, Comment 10 and

response [pp. 482 to 484]

Re eee eee ee |

Impacts and Costs Analysis, Comments 6 to 10 and

responses [pp. 627 to 630]

Impacts and Costs Analysis, Comment 11 and

response [pp. 630 to631])

Impacts and Costs Analysis, Comment 12 and

response [pp. 631 to 632]

Regulatory Impact Analysis for the Final Mercury

and Air Toxics Standards

EPA-HQ-OAR-2009-0234-20131

December 2011

Excerpts

Executive Summary, ES.1

i, a, 904-907

Executive Summary, ES.1.1, Health Co-Benefits

[pp. ES-3to ES-4] ss 908-911

Executive Summary, ES.1.2, Welfare Co-Benefits

[pp. ES-4 to ES-5})...... si‘ iéiié;t;t;t;t;w;w;~;~*~—S 911-912

Executive Summary, ES.2, Tables ES-5, ES-6, Not

All Benefits Quantified

(pp. ES-9 to ES-13].. ttt 913-923

RR A ee ee _..924-925

I ee ee 926-927

NU Us ae ee 928-929

Chapter 4, Section 4.2 (Mercury and Other HAP

Benefits Analysis/Impact of Mercury on Human

Health) [pp. 4-3to 4-5) 930-933

Chapter 4, Section 4.3 (Mercury and Other HAP

Benefits Analysis/Impact of Mercury on Ecosystems

and Wildlife) [pp. 4-6 to 4-9] «ss 934-940

Chapter 4, Section 4.8.5.6 (Mercury and Other HAP

Benefits Analysis/Unquantified Benefits)

[pp. 4-64 to 4-66] 940-944

ee eee ne ee ee ef

Chapter 4, Section 4.9 (Mercury and Other HAP

Benefits Analysis/Benefits Associated with

Reductions in Other HAP than Mercury)

Gee Ore 944953

Chapter 5, Synopsis (Health and Welfare Co-

meee oe ee 954-955

Chapter 5, Section 5.5 (Health and Welfare Co-

Benefits/Unquantified Health and Welfare Benefits)

Memorandum, “The Environmental Protection

Agency's Enforcement Response Policy for Use of

Clean Air Act Section 113(a) Administrative Orders

in Relation to Electric Reliability And The Mercury

and Air Toxics Standard” (

December 16, 2011 957-970

ee eee

Memo, “Emission Reduction Costs for Beyond-the-

floor Mercury Rate for Existing Units Designed to

Burn Low Rank Virgin Coal”

EPA-HQ-OAR-2009-0234-20130

Se ee a i) ma 971—976

ewe er ee eae ee OS Oe

Emission Reduction Costs for the Beyond-the-Floor

Mercury Rate in the Toxics Rule

EPA-HQ-OAR-2009-0234-2925

Undated 977-981

eee ee ee eee ee eee ee ee reer reer sed

The following opinions and order have been omitted

in printing this Joint Appendix because they appear

on the following pages in the appendix to the Petition

for a Writ of Certiorari:

14-46 Michigan, et al. v. EPA, et al.

Federal Register

Volume 70, No. 59

March 29, 2005

Ld , Ee eee eee 116a—120a

Federal Register

Volume 76, No. 85

May 3, 2011

ARERR On eae ee rere eee eee. 112a—115a

Federal Register

Volume 77, No. 32

February 16, 2012

BP GMI sn eteniceinitiniabiiteitntinsddeckasseademeiiats 109a—llla

United States Court of Appeals

for the District of Columbia Circuit

Opinion in 12-1100

RE EE Rs I iirc wic dnsecenacascccechcchakacceeces la—105a

14-47 UARG v. EPA, et al.

APPENDIX J: U.S. Environmental Protection

Agency, EPA-453/R-98-004a, Study of

Hazardous Air Pollutant Emissions from

Electric Utility Steam Generating Units --

Final Report to Congress, Vol. 1 (Feb. 1998),

Docket No. EPA-HQ-OAR-2009-0234-3052

IND eecacncctas ctteschausadeuisedcasisadsmcumsapacanbesanaien 636a

APPENDIX I: U.S. Environmental Protection

Agency, Regulatory Finding on the

Emissions of Hazardous Air Pollutants From

Electric Utility Steam Generating Units; Notice

of Regulatory Finding,

65 Fed. Reg. 79,825

I; SN, SIE ae ssenceicel beri ote ee 610a

APPENDIX H: U.S. Environmental Protection

Agency, Revision of December 2000

Regulatory Finding on the Emissions of

Hazardous Air Pollutants From Electric Utility

Steam Generating Units and the Removal

of Coal- and Oil-Fired Electric Utility Steam

Generating Units From the Section 112(c)

List; Final Rule, 70 Fed. Reg. 15,994

ry 544a

APPENDIX F: Utility Air Regulatory Group,

Comments on National Emission Standards

for Hazardous Air Pollutants From Coal- and

Oil-Fired Electric Utility Steam Generating

Units: Proposed Rule (Aug. 4, 2011), Docket

No. EPA-HQ-OAR-2009-0234-17775

APPENDIX G: U.S. Environmental Protection

Agency, Nationa] Emission Standards

for Hazardous Air Pollutants From Coal- and

Oil-Fired Electric Utility Steam Generating

Units and Standards of Performance for Fossil-

Fuel-Fired Electric Utility, Industrial-

Commercial-Institutional, and Small Industrial-

Commercial-Institutional Steam Generating

Units; Proposed Rule, 76 Fed. Reg.

24,976 (May 3, 2011)

INI ga cecstteres pase tcaal diate edancididieaieneinicccetcbauies 5i4a

APPENDIX E: EPA’s Responses to Public

Comments on EPA’s National Emission

Standards for Hazardous Air Pollutants from

Coal- and Oil-Fired Electric Utility Steam

Generating Units, Vol. 1 (Dec. 2011),

Docket No. EPA-HQ-OAR-2009-0234-20126

i iianccerisneninucassuduiciancksnsasonintsnapemuniovisnesen 506a

APPENDIX C: U.S. Environmental Protection

Agency, National Emission Standards

for Hazardous Air Pollutants From Coal- and

Oil-Fired Electric Utility Steam Generating

Units and Standards of Performance for Fossil-

Fuel-Fired Electric Utility, Industrial-

Commercial-Institutional, and Small Industrial-

Commercial-Institutional Steam Generating

Units; Final Rule, 77 Fed. Reg. 9304

Ce. es SE ID oi ctinrccncusicanstarineinecanines 105a

APPENDIX B: Opinion of the U.S. Court of

Appeals for the District of Columbia Circuit.. 3a

APPENDIX A: Order of the U.S. Court of

Appeals for the District of Columbia Circuit

Denying All Petitions for Review, Except the

Petition for Review in No. 12-1174, and Dismissing

Me MI os riSda cack cecasicemnaiinnbanddanaaendgaitict cubanits la

14-49 NMA v. EPA, et al.

APPENDIX F: Study of Hazardous Air

Pollutant Emissions from Electric

Utility Steam Generating Units

ib niiisiptacinnstinencanninapennnissbakantesniapiieiiins 1937a

APPENDIX E: National Emission Standards

for Hazardous Air Pollutants From Coaland

Oil-Fired Electric Utility Steam

Generating Units and Standards of

Performance for Fossil-Fuel-Fired

Electric Utility, Industrial-Commercial-

Institutional, and Small Industrial-

Commercial-Institutional Steam

Generating Units, Proposed Rule 76

Fed. Reg. 24,976 (May 3, 2011)................ 116la

APPENDIX D: National Emission Standards

for Hazardous Air Pollutants From Coaland

Oil-Fired Electric Utility Steam Generating Units

and Standards of Performance for Fossil-Fuel-Fired

Electric Utility, Industrial-Commercial-Institutional,

and Small Industrial-Commercial-Institutional

SteamGenerating Units, 77 Fed. Reg. 9,305

NE a seesancennas bein 196a

APPENDIX B: In the United States Court of

Appeals for the District of Columbia

Circuit — Judgment (Apr. 15, 2014) ............ 99a

APPENDIX A: In the United States Court of

Appeals for the District of Columbia

Circuit — Opinion (Apr. 15, 2014) ................. la

Relevant Docket Entries from the

United States Court of Appeals for District of

Columbia Circuit

Docket No. 12-1100

White Stallion Energy Center v. EPA

Appeal From: Environmental Protection Agency

District: EPA-1; EPA-77FR9304

Consolidation

Lead Member Start

12-1100 12-1101 02/22/2012

12-1100 12-1102 02/22/2012

12-1100 12-1147 03/16/2012

12-1100 12-1172 04/19/2012

12-1100 12-1173 04/19/2012

12-1100 12-1174 04/19/2012

12-1100 12-1175 04/19/2012

12-1100 12-1176 04/19/2012

12-1100 12-1177 04/19/2012

12-1100 12-1178 04/19/2012

12-1100 12-1180 04/19/2012

12-1100 12-1181 04/19/2012

ll

Consolidation

Lead Member Start

12-1100 12-1182 04/19/2012

12-1100 12-1183 04/19/2012

12-1100 12-1184 04/19/2012

12-1100 12-1185 04/19/2012

12-1100 12-1186 05/30/2012

12-1100 12-1187 04/19/2012

12-1100 12-1188 04/23/2012

12-1100 12-1189 04/23/2012

12-1100 12-1190 04/19/2012

12-1100 12-1191 04/19/2012

12-1100 12-1192 05/30/2012

12-1100 12-1193 04/19/2012

12-1100 12-1194 04/19/2012

12-1100 12-1195 04/19/2012

12-1100 12-1196 04/24/2012

12-1166 12-1366 08/24/2012

12-1166 12-1420 10/18/2012

Related

Lead Member Start

12-1100 12-1166 08/24/2012

Date of Hearing: 12/10/2013

Date of Decision: 04/15/2014

Date Completed: 04/15/2014

***

02/16/2012

PETITION FOR REVIEW filed [1358855] by White

Stallion Energy Center, LLC of a decision by federal

agency [Service Date: 02/16/2012 ]} Disclosure

Statement: Attached; Certificate of Parties: Not

Applicable to this Filing [12-1100]

02/16/2012

PETITION FOR REVIEW filed [1358862] by

National Mining Association of a decision by federal

agency [Service Date: 02/16/2012 | Disclosure

Statement: Attached; Certificate of Parties: Not

Applicable to this Filing [12-1101]

03/16/2012

PETITION FOR REVIEW filed [1364222] by Utility

Air Regulatory Group of a decision by federal agency

[Service Date: 03/16/2012 ] Disclosure Statement:

Attached; Certificate of Parties: Not Applicable to

this Filing [12-1147]

04/16/2012

PETITION FOR REVIEW filed [1369112] by

Railroad Commission of Texas, State of Texas, Texas

Commission on Environmental Quality and Texas

Public Utility Commission of a decision by feceral

agency [Service Date: 04/13/2012 ] Disclosure

Statement: Not Attached; Certificate of Parties: Not

Applicable to this Filing [12-1185]

04/16/2012

PETITION FOR REVIEW filed [1369098] by State of

Arkansas of a decision by federal agency [Service

Date: 04/16/2012 ] Disclosure Statement: Not

Applicable to this Party; Certificate of Parties: Not

Applicable to this Filing [12-1190]

04/16/2012

PETITION FOR REVIEW filed [1369346] by Terry

E. Branstad, Commonwealth of Pennsylvania,

Commonwealth of Virginia, Jack Conway, State of

Alabama, State of Alaska, State of Arizona, State of

Florida, State of Idaho, State of Indiana, State of

Kansas, State of Michigan, State of Mississippi,

State of Missouri, State of Nebraska, State of North

Dakota, State of Ohio, State of Oklahoma, State of

South Carolina, State of Utah, State of West Virginia

and State of Wyoming of a decision by federal agency

[Service Date: 04/16/2012 ] Disclosure Statement:

Not Applicable to this Party; Certificate of Parties:

Not Applicable to this Filing [12-1196]

04/27/2012

UNDERLYING DECISION IN CASE submitted

[1371244] by White Stallion Energy Center, LLC

[Service Date: 04/27/2012 ] [12-1100] (Marwell,

Jeremy)

06/11/2012

CERTIFIED INDEX TO RECORD [1377996] by EPA

in 12-1100, 12-1101, 12-1102, 12-1147, 12-1166, 12-

1170, 12-1172, 12-1173, 12-1174, 12-1175, 12-1176,

12-1177, 12-1178, 12-1180, 12-1181, 12-1183, 12-

1184, 12-1182, 12-1190, 12-1191, 12-1185, 12-1187,

12-1193, 12-1194, 12-1186, 12-1188, 12-1189, 12-

1192, 12-1195, 12-1196 [Service Date: 06/11/2012 ]

[12-1100, 12-1101, 12-1102, 12-1147, 12-1166, 12-

1170, 12-1172, 12-1173, 12-1174, 12-1175, 12-1176,

12-1177, 12-1178, 12-1180, 12-1181, 12-1182, 12-

1183, 12-1184, 12-1185, 12-1186, 12-1187, 12-1188,

12-1189, 12-1190, 12-1191, 12-1192, 12-1193, 12-

1194, 12-1195, 12-1196] (Hostetler, Eric)

PETITIONER BRIEF [1401247] filed by American

Public Power Association in 12-1173, Tri-State

Generation and Transmission Association, Inc. in 12-

1178, ARIPPA in 12-1181, Chase Power

Development, LLC in 12-1191, Oak Grove

Management Company, LLC in 12-1187, Kansas

City Board of Public Utilities in 12-1186, Gulf Coast

Lignite Coalition in 12-1188, Puerto Rico Electric

Power Authority in 12-1189, FirstEnergy Generation

Corp. in 12-1192, Wolverine Power Supply

Cooperative, Inc. in 12-1195 [Service Date:

10/23/2012 }] Length of Brief: 3,990 words. [12-1100,

12-1101, 12-1102, 12-1147, 12-1170, 12-1172, 12-

1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-1178,

12-1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-

1185, 12-1186, 12-1187, 12-1188, 12-1189, 12-1190,

12-1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-

1196] (Holmstead, Jeffrey)

10/23/2012

PETITIONER BRIEF [1401252] filed by White

Stallion Energy Center, LLC in 12-1100, National

Mining Association in 12-1101, Institute for Liberty

and National Black Chamber of Commerce in 12-

1102, Utility Air Regulatory Group in 12-1147,

Midwest Ozone Group in 12-1172, American Public

Power Association in 12-1173, Peabody Energy

Corporation in 12-1175, Tri-State Generation and

Transmission Association, Inc. in 12-1178, ARIPPA

in 12-1181, United Mine Workers of America in 12-

1183, Georgia Association of Manufacturers, Inc.,

Indiana Chamber of Commerce, Inc., Indiana Coal

Council, Inc., Kentucky Chamber of Commerce, Inc.,

Kentucky Coal Association, Inc., North Carolina

Chamber, Ohio Chamber of Commerce, Pennsylvania

Coal Association, South Carolina Chamber of

Commerce, The Virginia Chamber of Commerce, The

Virginia Coal Association, Incorporated, West

Virginia Chamber of Commerce, West Virginia Coal

Association, Inc. and Wisconsin Industrial Energy

Group, Inc. in 12-1182, State of Arkansas in 12-1190,

Chase Power Development, LLC in 12-1191, Railroad

Commission of Texas, State of Texas, Texas

Commission on Environmental Quality and Texas

Public Utility Commission in 12-1185, Edgecombe

Genco, LLC and Spruance Genco, LLC in 12-1193,

Kansas City Board of Public Utilities in 12-1186,

FirstEnergy Generation Corp. in 12-1192, Wolverine

Power Supply Cooperative, Inc. in 12-1195, Terry E.

Branstad, Commonwealth of Pennsylvania,

Commonwealth of Virginia, John William Conway,

State of Alabama, State of Alaska, State of Arizona,

State of Florida, State of Idaho, State of Indiana,

State of Kansas, State of Michigan, State of

Mississippi, State of Missouri, State of Nebraska,

State of North Dakota, State of Ohio, State of

Oklahoma, State of South Carolina, State of Utah,

State of West Virginia and State of Wyoming in 12-

1196 [Service Date: 10/23/2012 ] Length of Brief:

14,879 words. [12-1100, 12-1101, 12-1102, 12-1147,

12-1170, 12-1172, 12-1173, 12-1174, 12-1175, 12-

1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-1182,

12-1183, 12-1184, 12-1185, 12-1186, 12-1187, 12-

1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-1193,

12-1194, 12-1195, 12-1196] (Brownell, F.)

10/23/2012

PETITIONER BRIEF [1401254] filed by Chesapeake

Climate Action Network, Conservation Law

Foundation, Environmental Integrity Project and

Sierra Club in 12-1194 [Service Date: 10/23/2012 |

Length of Brief: 5,961 words. [12-1194, 12-1100]

(Pew, James)

10/24/2012

PETITIONER BRIEF [1401322] filed by Julander

Energy Company in 12-1174 [Service Date:

10/24/2012 ] Length of Brief: 1496 words. [12-1100,

12-1174] (Bookbinder, David)

10/30/2012

AMICUS FOR PETITIONER BRIEF [1402141] filed

by Chamber of Commerce of the United States of

America in 12-1100, 12-1101, 12-1102, 12-1147, 12-

1170, 12-1172, 12-1173, 12-1174, 12-1175, 12-1176,

12-1177, 12-1178, 12-1180, 12-1181, 12-1183, 12-

1184, 12-1182, 12-1190, 12-1191, 12-1185, 12-1187,

12-1193, 12-1194, 12-1186, 12-1188, 12-1189, 12-

1192, 12-1195, 12-1196 [Service Date: 10/30/2012 |

Length of Brief: 6767 words. [12-1100, 12-1101, 12-

8

1102, 12-1147, 12-1170, 12-1172, 12-1173, 12-1174,

12-1175, 12-1176, 12-1177, 12-1178, 12-1180, 12-

1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-1186,

12-1187, 12-1188, 12-1189, 12- 1190, 12-1191, 12-

1192, 12-1193, 12-1194, 12-1195, 12- 1196] (Wigmore,

Michael)

01/22/2013

RESPONDENT BRIEF [1416613] filed by EPA in 12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

EPA and Lisa Perez Jackson in 12-1174, 12-1175, 12-

1176, 12-1177, 12-1178, 12- 1180, 12-1181, 12-1183,

12-1184, 12-1182, 12-1190, 12-1191, 12-1185, 12-

1187, 12-1193, 12-1194, 12-1186, 12-1188, 12-1189,

12-1192, 12-1195, 12-1196 [Service Date: 01/22/2012

} Length of Brief: 25,958. [12-1100, 12-1101, 12- 1102,

12-1147, 12-1172, 12-1173, 12-1174, 12- 1175, 12-

1176, 12- 1177, 12-1178, 12-1180, 12-1181, 12-1182,

12-1183, 12-1184, 12-1185, 12- 1186, 12-1187, 12-

1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-1193,

12-1194, 12-1195, 12-1196] (Hostetler, Eric)

02/11/2013

PER ABOVE ORDER lodged Amicus brief [1417795-

2] is filed [12-1100, 12-1101, 12-1102, 12-1147, 12-

1172, 12-1173, 12-1174, 12-1175, 12-1176, 12- 1177,

12-1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-

1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-1189,

12-1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-

1195, 12-1196]

02/21/2013

JOINT INTERVENOR FOR RESPONDENT BRIEF

[1421665] filed by Gulf Coast Lignite Coalition,

Institute for Liberty, Lignite Energy Council,

National Black Chamber of Commerce, National

Mining Association, Peabody Energy Corporation

and Utility Air Regulatory Group in 12-1100,

National Mining Association, Peabody Energy

Corporation, Tri-State Generation and Transmission

Association, Inc. and White Stallion Energy Center,

LLC in 12-1174 [Service Date: 02/21/2013 ] Length of

Brief: 937. [12-1100, 12-1174] (Glaser, Peter)

02/21/2013

JOINT INTERVENOR FOR RESPONDENT BRIEF

[1421767] filed by City of Baltimore, City of Chicago,

City of New York, County of Ene, New York, DC,

State of California, State of Connecticut, State of

Delaware, State of Illinois, State of Iowa, State of

Maine, State of Maryland, State of Massachusetts,

State of Minnesota, State of New Hampshire, State

of New Mexico, State of New York, State of North

Carolina, State of Oregon, State of Rhode Island and

State of Vermont [Service Date: 02/21/2013 ] Length

of Brief: 3065 words. [12-1100] (Triplett, Tracy)

02/21/2013

JOINT INTERVENOR FOR RESPONDENT BRIEF

[1421806] filed by Calpine Corporation, Exelon

Corporation, National Grid Generation, LLC and

Public Service Enterprise Group, Inc. in 12-1100

[Service Date: 02/21/2013 ] Length of Brief: 3,118

Words. [12-1100, 12-1101, 12-1102, 12-1147, 12-1172,

12-1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-

1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-1184,

12-1185, 12-1186, 12-1187, 12-1188, 12-1189, 12-

1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-1195,

12-1196] (Collins, Brendan)

10

02/21/2013

INTERVENOR FOR RESPONDENT BRIEF

[1421808] filed by American Academy of Pediatrics,

American Lung Association, American Nurses

Association, American Public Health Association,

Chesapeake Bay Foundation, Inc., Citizens for

Pennsylvania's Future, Clean Air Council,

Conservation Law Foundation, Environment

America, Environmental Defense Fund, Izaak

Walton League of America, NAACP, Natural

Resources Council of Maine, Natural Resources

Defense Council, Ohio Environmental Council,

Physicians for Social Responsibility, Sierra Club and

Waterkeeper Alliance in 12-1100 [Service Date:

02/21/2013 ] Length of Brief: 3120 Words. [12-1100,

12-1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-

1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-1180,

12-1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-

1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-1191,

12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

(Schroeder, Darin)

02/21/2013

JOINT INTERVENOR FOR RESPONDENT BRIEF

[1421812] filed by Institute for Liberty, National

Black Chamber of Commerce, National Mining

Association, Peabody Energy Corporation, Sunflower

Electric Power Corporation and Utility § Air

Regulatory Group in 12-1100, White Stallion Energy

Center, LLC in 12-1194 [Service Date: 02/21/2013 ]

Length of Brief: 3723 words. [12-1100, 12-1194]

(Freeman, Lauren)

11

03/25/2013

PETITIONER REPLY BRIEF [1427247] filed by

Chesapeake Climate Action Network, Conservation

Law Foundation, Environmental Integrity Project

and Sierra Club in 12-1194 [Service Date: 03/25/2013

} Length of Brief: 2,988 Words. [12-1194] (Pew,

James)

03/25/2013

JOINT PETITIONER REPLY BRIEF [1427259] filed

by American Public Power Association in 12-1173,

Tri-State Generation and Transmission Association,

Inc. in 12-1178, ARIPPA in 12-1181, Chase Power

Development, LLC in 12-1191, Oak Grove

Management Company, LLC in 12-1187, Kansas

City Board of Public Utilities in 12-1186, Gulf Coast

Lignite Coalition in 12-1188, Puerto Rico Electric

Power Authority in 12-1189, FirstEnergy Generation

Corp. in 12-1192, Wolverine Power Supply

Cooperative, Inc. in 12-1195 [Service Date:

03/25/2013 } Length of Brief: 2,000 Words. [12-1173,

12-1178, 12-1181, 12-1186, 12-1187, 12-1188, 12-

1189, 12-1191, 12-1192, 12-1195] (Holmstead,

Jeffrey)

03/25/2013 .

JOINT PETITIONER REPLY BRIEF [1427262] filed

by White Stallion Energy Center, LLC in 12-1100,

National Mining Association in 12-1101, Institute for

Liberty and National Black Chamber of Commerce in

12-1102, Utility Air Regulatory Group in 12-1147,

Midwest Ozone Group in 12-1172, American Public

Power Association in 12-1173, Tri-State Generation

and Transmission Association, Inc. in 12-1178,

ARIPPA in 12-1181, United Mine Workers of

12

America in 12-1183, Georgia Association of

Manufacturers, Inc., Indiana Chamber of Commerce,

Inc., Indiana Coal Council, Inc., Kentucky Chamber

of Commerce, Inc., Kentucky Coal Association, Inc.,

North Carolina Chamber, Ohio Chamber of

Commerce, Pennsylvania Coal Association, South

Carolina Chamber of Commerce, The Virginia

Chamber of Commerce, The Virginia Coal

Association, Incorporated, West Virginia Chamber of

Commerce, West Virginia Coal Association, Inc. and

Wisconsin Industrial Energy Group, Inc. in 12-1182,

State of Arkansas in 12-1190, Chase Power

Development, LLC in 12-1191, Railroad Commission

of Texas, State of Texas, Texas Commission on

Environmental Quality and Texas Public Utility

Commission in 12-1185, Edgecombe Genco, LLC and

Spruance Genco, LLC in 12-1193, Kansas City Board

of Public Utilities in 12-1186, FirstEnergy

Generation Corp. in 12-1192, Wolverine Power

Supply Cooperative, Inc. in 12-1195, Terry E.

Branstad, Commonwealth of Pennsylvania,

Commonwealth of Virginia, John William Conway,

State of Alabama, State of Alaska, State of Arizona,

State of Florida, State of Idaho, State of Indiana,

State of Kansas, State of Michigan, State of

Mississippi, State of Missouri, State of Nebraska,

State of North Dakota, State of Ohio, State of

Oklahoma, State of South Carolina, State of Utah,

State of West Virginia and State of Wyoming in 12-

1196 [Service Date: 03/25/2013 ] Length of Brief:

7,193 words. [12-1100, 12-1101, 12-1102, 12-1147,

12-1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-

1177, 12-1178, 12-1180, 12-1181, 12-1182, 12-1183,

12-1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-

13

1189, 12-1190, 12-1191, 12-1192, 12-1193, 12-1194,

12-1195, 12-1196] (Brownell, F.)

03/28/2013

PETITIONER REPLY BRIEF [1427849] filed by

Julander Energy Company in 12-1174 [Service Date:

03/28/2013 ]} Length of Brief: 750 words. [12-1100,

12-1174] (Bookbinder, David)

04/01/2013

JOINT APPENDIX [1428379] filed [Volumes: 7]

[Service Date: 04/01/2013 } [12-1100, 12-1101, 12-

1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1194, 12-1195, 12-1196] (Brownell, F.)

04/05/2013

INTERVENOR FOR RESPONDENT FINAL BRIEF

[1429198] filed by City of Baltimore, City of Chicago,

City of New York, County of Erie, New York, DC,

State of California, State of Connecticut, State of

Delaware, State of Dlinois, State of Iowa, State of

Maine, State of Maryland, State of Massachusetts,

State of Minnesota, State of New Hampshire, State

of New Mexico, State of New York, State of North

Carolina, State of Oregon, State of Rhode Island and

State of Vermont in 12-1100 [Service Date:

04/05/2013 ] Length of Brief: 3065 words. [{12-1100,

12-1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-

1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-1180,

12-1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-

1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-1191,

12-1192, 12-1193, 12-1194, 12-1195, 12-1196}

(Triplett, Tracy)

14

04/08/2013

INTERVENOR FOR RESPONDENT FINAL BRIEF

[1429332] filed by Calpine Corporation, Exelon

Corporation, National Grid Generation, LLC and

Public Service Enterprise Group, Inc. in 12-1100

[Service Date: 04/08/2013 }] Length of Brief: 3,118

Words. [12-1100, 12-1101, 12-1102, 12-1147, 12-1172,

12-1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-

1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-1184,

12-1185, 12-1186, 12-1187, 12-1188, 12-1189, 192-

1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-1195,

12-1196] (Collins, Brendan)

04/08/2013

MODIFIED EVENT FROM FILED TO LODGED--

SUPPLEMENTAL JOINT APPENDIX [1429356]

LODGED [Volumes: 1] [Service Date:04/08/2013 ]

[12-1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-

1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-1178,

12-1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-

1185, 12-1186, 12-1187, 12-1188, 12-1189, 12-1190,

12-1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-

1196]--(Edited 04/08/2013 by AY] (Oakes, Matthew)

04/08/2013

RESPONDENT FINAL BRIEF [1429467] filed by

EPA in 12-1100, 12-1101, 12-1102, 12-1147, 12-1172,

12-1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-

1178, 12-1180, 12-1181, 12-1183, 12-1184, 12-1182,

12-1190, 12-1191, 12-1185, 12-1187, 12-1193, 12-

1194, 12-1186, 12-1188, 12-1189, 12-1192, 12-1195,

12-1196 [Service Date: 04/08/2013 ] Length of Brief:

25,956 Words. [12-1100, 12-1101, 12-1102, 12-1147,

12-1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-

1177, 12-1178, 12-1180, 12-1181, 12-1182, 12-1183,

15

12-1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-

1189, 12-1190, 12-1191, 12-1192, 12-1193, 12-1194,

12-1195, 12-1196] (Hostetler, Eric)

04/08/2013

MODIFIED EVENT--INTERVENOR FOR

RESPONDENT FINAL BRIEF [1429570] filed by

Gulf Coast Lignite Coalition, Institute for Liberty,

Lignite Energy Council, National Black Chamber of

Commerce and Utility Air Regulatory Group in 12-

1100, National Mining Association, Peabody Energy

Corporation and_ Tri-State Generation and

Transmission Association, Inc. in 12-1174, White

Stallion Energy Center, LLC in 12-1194 [Service

Date: 04/08/2013 ] Length of Brief: 937 Words. [12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1185,

12-1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-

1191, 12-1192, 12-1193, 12-1194, 12-1195, 1%2-1196}--

[Edited 04/11/2013 by AY] (Glaser, Peter) :

04/08/2013

JOINT PETITIONER FINAL BRIEF [1429574] filed

by American Public Power Association in 12-1173,

Tri-State Generation and Transmission Association,

Inc. in 12-1178, ARIPPA in 12-1181, Chase Power

Development, LLC in 12-1191, Oak Grove

Management Company, LLC in 12-1187, Kansas

City Board of Public Utilities in 12-1186, Gulf Coast

Lignite Coalition in 12-1188, Puerto Rico Electric

Power Authority in 12-1189, FirstEnergy Generation

Corp. in 12-1192, Wolverine Power Supply

Cooperative, Inc. in 12-1195 [Service Date:

04/08/2013 |] Length of Brief: 3,991 words. [12-1100,

16

12-1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-

1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-1180,

12-1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-

1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-1191,

12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

(Holmstead, Jeffrey)

04/08/2013

JOINT PETITIONER FINAL REPLY BRIEF

[1429575] filed by American Public Power

Association in 12-1173, Tri-State Generation and

Transmission Association, Inc. in 12-1178, ARIPPA

in 12-1181, Chase Power Development, LLC in 12-

1191, Oak Grove Management Company, LLC in 12-

1187, Kansas City Board of Public Utilities in 12-

1186, Gulf Coast Lignite Coalition in 12-1188, Puerto

Rico Electric Power Authority in 12-1189,

FirstEnergy Generation Corp. in 12-1192, Wolverine

Power Supply Cooperative, Inc. in 12-1195 [Service

Date: 04/08/2013 ] Length of Brief: 2,000 Words. [12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1185,

12-1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-

1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

(Holmstead, Jeffrey)

04/08/2013

PETITIONER FINAL BRIEF [1429596] filed by

Julander Energy Company in 12-1174 [Service Date:

04/08/2013 ] Length of Brief: 1496 words. [12-1100,

12-1174] (Bookbinder, David)

17

04/08/2013

PETITIONER FINAL REPLY BRIEF [1429599] filed

by Julander Energy Company in 12-1174 [Service

Date: 04/08/2013 ] Length of Brief: 750 words. [12-

1100, 12-1174] (Bookbinder, David)

04/08/2013

PETITIONER FINAL REPLY BRIEF [1429602] filed

by Sierra Club in 12-1194 [Service Date: 04/08/2013 |

[12-1194, 12-1100, 12-1101, 12-1102, 12-1147, 12-

1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-1177,

12-1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-

1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-1189,

12-1190, 12-1191, 12-1192, 12-1193, 12-1195, 12-

1196] (Narayan, Sanjay)

04/08/2013

JOINT INTERVENOR FOR RESPONDENT FINAL

BRIEF [1429603] filed by Institute for Liberty,

National Black Chamber of Commerce, National

Mining Association, Peabody Energy Corporation,

Sunflower Electric Power Corporation and Utility Air

Regulatory Group in 12-1100, White Stallion Energy

Center, LLC in 12-1194 [Service Date: 04/08/2013 ]

Length of Brief: 3745. [12-1100, 12-1194] (Freeman,

Lauren)

04/08/2013

SUPPLEMENT [1429612] to appendix [1428379-2]

filed by Utility Air Regulatory Group in 12-1100

[Service Date: 04/08/2013 ]} [12-1100, 12-1101, 12-

1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1194, 12-1195, 12-1196] (Freeman, Lauren)

18

04/08/2013

PETITIONER FINAL BRIEF [1429613] filed by

Sierra Club in 12-1194 [Service Date: 04/08/2013 }

[12-1194, 12-1100, 12-1101, 12-1102, 12-1147, 12-

1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-1177,

12-1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-

1184, 1°-1185, 12-1186, 12-1187, 12-1188, 12-1189,

12-1199, 12-1191, 12-1192, 12-1193, 12-1195, 12-

1196] (Narayan, Sanjay)

04/08/2013

INTERVENOR FOR RESPONDENT FINAL BRIEF

[1429622] filed by American Academy of Pediatrics,

American Lung Association, American Nurses

Association, American Public Health Association,

Chesapeake Bay Foundation, Inc., Citizens for

Pennsylvanias Future, Clean Air Council,

Conservation Law Foundation, Environment

America, Environmental Defense Fund, Izaak

Walton League of America, NAACP, Natural

Resources Council of Maine, Natural Resources

Defense Council, Ohio Environmental Council,

Physicians for Social Responsibility, Sierra Club and

Waterkeeper Alliance in 12-1100 [Service Date:

04/08/2013 } [12-1100, 12-1101, 12-1102, 12-1147, 12-

1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-1177,

12-1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-

1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-1189,

12-1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-

1195, 12-1196] (Narayan, Sanjay)

04/08/2013

JOINT PETITIONER FINAL BRIEF [1429635] filed

by White Stallion Energy Center, LLC in 12-1100,

National Mining Association in 12-1101, Institute for

19

Liberty and National Black Chamber of Commerce in

12-1102, Utility Air Regulatory Group in 12-1147,

Midwest Ozone Group in 12-1172, American Public

Power Association in 12-1173, Peabody Energy

Corporation in 12-1175, Tri-State Generation and

Transmission Association, Inc. in 12-1178, ARIPPA

in 12-1181, United Mine Workers of America in 12-

1183, Georgia Association of Manufacturers, Inc.,

Indiana Chamber of Commerce, Inc., Indiana Coal

Council, Inc., Kentucky Chamber of Commerce, Inc.,

Kentucky Coal Association, Inc., North Carolina

Chamber, Ohio Chamber of Commerce, Pennsylvania

Coal Association, South Carolina Chamber of

Commerce, The Virginia Chamber of Commerce, The

Virginia Coal Association, Incorporated, West

Virginia Chamber of Commerce, West Virginia Coal

Association, Inc. and Wisconsin Industrial Energy

Group, Inc. in 12-1182, State of Arkansas in 12-1190,

Chase Power Development, LLC in 12-1191, Railroad

Commission of Texas, State of Texas, Texas

Commission on Environmental Quality and Texas

Public Utility Commission in 12-1185, Edgecombe

Genco, LLC and Spruance Genco, LLC in 12-1193,

Kansas City Board of Public Utilities in 12-1186,

FirstEnergy Generation Corp. in 12-1192, Wolverine

Power Supply Cooperative, Inc. in 12-1195, Terry E.

Branstad, Commonwealth of Pennsylvania,

Commonwealth of Virginia, John William Conway,

State of Alabama, State of Alaska, State of Arizona,

State of Florida, State of Idaho, State of Indiana,

State of Kansas, State of Michigan, State of

Mississippi, State of Missouri, State of Nebraska,

State of North Dakota, State of Ohio, State of

Oklahoma, State of South Carolina, State of Utah,

State of West Virginia and State of Wyoming in 12-

20

1196 [Service Date: 04/08/2013 ] Length of Brief:

14,331 words. [12-1100, 12-1101, 12-1102, 12-1147,

12-1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-

1177, 12-1178, 12-1180, 12-1181, 12-1182, 12-1183,

12-1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-

1189,. 12-1190, 12-1191, 12-1192, 12-1193, 12-1194,

12-1195, 12-1196] (Brownell, F.)

04/08/2013

JOINT PETITIONER FINAL REPLY BRIEF

[1429638] filed by White Stallion Energy Center,

LLC in 12-1100, National Mining Association in 12-

1101, Institute for Liberty and . National Black

Chamber of Commerce in 12-1102, Utility Air

Regulatory Group in 1Z-1147, Midwest Ozone Group

in 12-1172, American Public Power Association in

12-1173, Peabody Energy Corporation in 12-1175,

Tri-State Generation and Transmission Association,

Inc. in 12-1178, ARIPPA in 12-1181, United Mine

Workers of America in 12-1183, Georgia Association

of Manufacturers, Inc., Indiana Chamber of

Commerce, Inc., Indiana Coal Council, Inc.,

Kentucky Chamber of Commerce, Inc., Kentucky

Coal Association, Inc., North Carolina Chamber,

Ohio Chamber of Commerce, Pennsylvania Coal

Association, South Carolina Chamber of Commerce,

The Virginia Chamber of Commerce, The Virginia

Coal Association, Incorporated, West Virginia

Chamber of Commerce, West Virginia Coal

Association, Inc. and Wisconsin Industrial Energy

Group, Inc. in 12-1182, State of Arkansas in 12-1190,

Chase Power Development, LLC in 12-1191, Railroad

Commission of Texas, State of Texas, Texas

Commission on Environmental Quality and Texas

Public Utility Commission in 12-1185, Edgecombe

21

Genco, LLC and Spruance Genco, LLC in 12-1193,

Kansas City Board of Public Utilities in 12-1186,

FirstEnergy Generation Corp. in 12-1192, Wolverine

Power Supply Cooperative, Inc. in 12-1195, Terry E.

Branstad, Commonwealth of Pennsylvania,

Commonwealth of Virginia, John William Conway,

State of Alabama, State of Alaska, State of Arizona,

State of Florida, State of Idaho, State of Indiana,

State of Kansas, State of Michigan, State of

Mississippi, State of Missouri, State of Nebraska,

State of North Dakota, State of Ohio, State of

Oklahoma, State of South Carolina, State of Utah,

State of West Virginia and State of Wyoming in 12-

1196 [Service Date: 04/08/2013 ] Length of Brief:

7,224 words. [12-1100, 12-1101, 12-1102, 12-1147,

12-1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-

1177, 12-1178, 12-1180, 12-1181, 12-1182, 12-1183,

12-1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-

1189, 12-1190, 12-1191, 12-1192, 12-1193, 12-1194,

12-1195, 12-1196] (Brownell, F.)

04/15/2013

PER ABOVE ORDER lodged appendix [1429356-2] is

filed [12-1100, 12-1101, 12-1102, 12-1147, 12-1172,

12-1173, 12-1174, 12-1175, 12-1176, 12-1177, 12-

1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-1184,

12-1185, 12-1186, 12-1187, 12-1188, 12-1189, 12-

1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-1195,

12-1196]

04/17/2013

CORRECTED PETITIONER BRIEF [1431365] filed

by Chesapeake Climate Action Network,

Conservation Law Foundation, Environmental

_ Integrity Project and Sierra Club in 12-1194 [Service

22

Date: 04/17/2013 } [12-1194, 1° 1100, 12-1101, 12-

1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1195, 12-1196] (Narayan, Sanjay)

05/03/2013

MODIFIED EVENT--NOTICE FILED [1434314]

filed by Railroad Commission of Texas, State of

Texas, Texas Commission on Environmental Quality

and Texas Public Utility Commission in 12-1185 to

participate. [Service Date: 05/03/2013 } [12-1185, 12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1186,

12-1187, 12-1188, 12-1189, 12-1190, 12-1191, 12-

1192, 12-1193, 12-1194, 12-1195, 12-1196]--[Edited

05/07/2013 by LMF] (Walters, Mark)

05/03/2013

NOTICE FILED [1434328] filed by State of Alaska

advising of their support of petitioner [Service Date:

05/03/2013 } [12-1196] (Mulder, Steven)

12/10/2013

ORAL ARGUMENT HELD before Judges Garland,

Rogers and Kavanaugh. [12-1100, 12-1101, 12-1102,

12-1147, 12-1172, 12-1173, 12-1174, 12-1175; 12-

1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-1182,

12-1183, 12-1184, 12-1185, 12-1186, 12-1187, 12-

1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-1193,

12-1194, 12-1195, 12-1196]

23

01/06/2014

TRANSCRIPT [1473710] of oral argument [12-1100,

12-1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-

1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-1180,

12-1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-

1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-1191,

12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

02/27/2014

PER ABOVE ORDER lodged letter Rule 28)

authorities [1481306-2] is filed [12-1100, 12-1101, 12-

1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1194, 12-1195, 12-1196]

04/15/2014

PER CURIAM JUDGMENT filed [1488343] that the

petitions for review be denied except that the

petition for review in No. 12-1174, Julander Energy

Co. v. EPA, be dismissed for lack of standing for the

reasons in the accompanying opinion . Before Judges:

Garland, Rogers and Kavanaugh. [12-1100, 12-1101,

12-1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-

1175, 12-1176, 12-1177, 12-1178, 12-1180, 12-1181,

12-1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-

1187, 12-1188, 12-1189, 12-1190, 12-1191, 12-1192,

12-1193, 12-1194, 12-1195, 12-1196]

04/15/2014

OPINION filed [1488346] PER CURIAM OPINION

(Pages: 61), CONCURRING/DISSENTING

OPINION (Pages: 29) by Judge Kavanaugh [{12-1100,

12-1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-

1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-1180,

24

12-1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-

1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-1191,

12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

06/10/2014

MANDATE ISSUED to Environmental Protection

Agency [12-1100, 12-1101, 12-1102, 12-1147, 12-

1172, 12-1173, 12-1174, 12-1175, 12-1176, 12-1177,

12-1178, 12-1180, 12-1181, 12-1182, 12-1183, 12-

1184, 12-1185, 12-1186, 12-1187, 12-1188, 12-1189,

12-1190, 12-1191, 12-1192, 12-1193, 12-1194, 12-

1195, 12-1196]

07/16/2014

LETTER filed [1503809] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in the case before it: A petition for

writ of certiorari was filed and placed on the docket

on 07/16/2014 as No. 14-46. [12-1196, 12-1100, 12-

1101, 12-1102, 12-1147, 12-1172, 12-1173, 12-1174,

12-1175, 12-1176, 12-1177, 12-1178, 12-1180, 12-

1181, 12-1182, 12-1183, 12-1184, 12-1185, 12-1186,

12-1187, 12-1188, 12-1189, 12-1190, 12-1191, 12-

1192, 12-1193, 12-1194, 12-1195]

07/16/2014

LETTER filed [1503810] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in the case before it: A petition for

writ of certiorari was filed and placed on the docket

on 07/16/2014 as No. 14-47. [12-1147, 12-1100, 12-

1101, 12-1102, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1194, 12-1195, 12-1196]

25

07/16/2014

LETTER filed [1503811] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in the case before it: A petition for

writ of certiorari was filed and placed on the docket

on 07/16/2014 as No. 14-49. [12-1101, 12-1100, 12-

1102, 12-1147, 12-1172, 12-1173, 12-1174, 12-1175,

12-1176, 12-1177, 12-1178, 12-1180, 12-1181, 12-

1182, 12-1183, 12-1184, 12-1185, 12-1186, 12-1187,

12-1188, 12-1189, 12-1190, 12-1191, 12-1192, 12-

1193, 12-1194, 12-1195, 12-1196]

11/25/2014

LETTER filed [1525142] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in case No. 14-46: The petition for

writ of certiorari was granted on 11/25/2014. [12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1185,

12-1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-

1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

11/25/2014

LETTER filed [1525143] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in case No. 14-47: The petition for

writ of certiorari was granted on 11/25/2014. [12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1185,

12-1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-

1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-1196}

26

11/25/2014

LETTER filed [1525144] by the Clerk of the Supreme

Court of the United States notifying this court of the

following activity in case No. 14-49: The petition for

writ of certiorari was granted on 11/25/2014. [12-

1100, 12-1101, 12-1102, 12-1147, 12-1172, 12-1173,

12-1174, 12-1175, 12-1176, 12-1177, 12-1178, 12-

1180, 12-1181, 12-1182, 12-1183, 12-1184, 12-1185,

12-1186, 12-1187, 12-1188, 12-1189, 12-1190, 12-

1191, 12-1192, 12-1193, 12-1194, 12-1195, 12-1196]

27

{U.S. EPA, Mercury Study Report to Congress,

Vol. 1: Executive Summary, EPA-452/R-97-003

Docket No. EPA-HQ-OAR-2009-0234-3054

December 1997}

[Page 1]

OVERVIEW

This Mercury Study is a Report to Congress

prepared by the U.S. Environmental Protection

Agency. It fulfills the requirements of section

112(n)(1)(B) of the Clear Air Act, as amended in

1990. The Report provides an assessment of the

magnitude of U.S. mercury emissions by source, the

health and environmental implications of those

emissions, and the availability and cost of control

technologies. As the state-of-the-science for mercury

is continuously and rapidly evolving, this Report

should be viewed as a “snapshot” of our current

understanding of mercury. This Report does not

quantify the risk from mercury exposure because of

scientific uncertainty in a number of important

areas. The Report identifies areas where further

research is needed to provide a quantitative risk

assessment.

Mercury cycles in the environment as a result of

natural and human (anthropogenic) activities. The

amount of mercury mobilized and released into the

biosphere has increased since the beginning of the

industrial age. Most of the mercury in the

atmosphere is elemental mercury vapor, which

circulates in the atmosphere for up to a year, and

hence can be widely dispersed and transported

thousands of miles from likely sources of emission.

Most of the mercury in water, soil, sediments, or

28

plants and animals is in the form of inorganic

mercury salts and organic forms of mercury (e.g.,

methylmercury). The inorganic form of mercury,

when either bound to airborne particles or in a

gaseous form, is readily removed from the

atmosphere by precipitation and is also dry

deposited. Wet deposition is the primary mechanism

for transporting mercury from the atmosphere to

surface waters and land. Even after it deposits,

mercury commonly is emitted back to the

atmosphere either as a gas or associated with

particles, to be re-deposited elsewhere. As it cycles

between the atmosphere, land, and water, mercury

undergoes a series of complex chemical and physical

transformations, many of which are not completely

understood.

Mercury accumulates most efficiently in the

aquatic food web. Predatory organisms at the top of

the food web generally have higher mercury

concentrations. Nearly all of the mercury that

accumulates in fish tissue is methylmercury.

Inorganic mercury, which is less efficiently absorbed

and more readily eliminated from the body than

methylmercury, does not tend to bioaccumulate.

Mercury Emissions and Deposition in the U.S.

The best point estimate of annual anthropogenic

U.S. emissions of mercury in 1994-1995 is 158 tons.

Roughly 87 percent of these emissions are from

combustion sources, including waste and fossil fuel

combustion. Contemporary anthropogenic emissions

are only one part of the mercury cycle. Releases from

human activities today are adding to the mercury

reservoirs that already exist in land, water, and air,

29

both naturally and as a result of previous human

activities. The flux of mercury from the atmosphere

to land or water at any one location is comprised of

contributions from the natural global cycle including

re-emissions from the oceans, regional sources, and

local sources. Local sources could also include direct

water discharges in addition to air emissions. Past

uses of mercury, such as fungicide application to

crops are also a component of the present mercury

burden in the environment. One estimate of the total

annual global input to the atmosphere from all

sources including natural, anthropogenic, and

oceanic emissions is 5,500 tons. Based on this, U.S.

sources are estimated to have contributed about 3

percent of the 5,500 tons in 1995.

a

A computer simulation of long-range transport of

mercury suggests that about one-third (~ 52 tons) of

U.S. anthropogenic emissions are deposited, through

wet and dry deposition, within the lower 48 States.

The remaining two-thirds (~ 107 tons) is transported

outside of U.S. borders where it diffuses into the

global reservoir. In addition, the computer

simulation suggests that another 35 tons of mercury

from the global reservoir is deposited for a total

deposition of roughly 87 tons. Although this type of

[Page O-2]

modeling is uncertain, the simulation suggests that

about three times as much mercury is being added to

the global reservoir from U.S. sources as is being

deposited from it. What is not uncertain is that

additional emissions to air will contribute to levels in

the global reservoir, and concomitant deposition to

water bodies.

30

The highest deposition rates from anthropogenic

and global contributions for mercury are predicted to

occur in the southern Great Lakes and Ohio River

valley, the Northeast and scattered areas in the

South, with the most elevated deposition in the

Miami and Tampa areas. The location of sources, the

chemical species of mercury emitted and the climate

and meterology are key factors in mercury

deposition. Humid locations have higher deposition

than arid locations.

Public Health Impacts

Epidemics of mercury poisoning following high-

dose exposures to methylmercury in Japan and Iraq

demonstrated that neurotoxicity is the health effect

of greatest concern when methylmercury exposure

occurs to the developing fetus. Dietary

methylmercury is almost completely absorbed into

the blood and distributed to all tissues including the

brain; it also readily passes through the placenta to

the fetus and fetal brain. The reference dose (RfD) is

an amount of methylmercury, which when ingested

daily over a lifetime is anticipated to be without

adverse health effects to humans, including sensitive

subpopulations. At the RfD or below, exposures are

expected to be safe. The risk following exposures

above the RfD is uncertain, but risk increases as

exposures to methylmercury increase.

Extrapolating from the high-dose exposures that

occurred in the Iraq incident, the U.S. EPA derived a

Rf£D for methylmercury of 0.1 pg/kg bw/day. While

the U.S. EPA has been advised by scientific

reviewers to employ this RfD for this analysis, new

data are emerging. Currently ongoing are two large

31

epidemiology studies in the Seychelle Islands and in

the Faroe Islands that were designed to evaluate

childhood development and neurotoxicity in relation

to fetal exposures to methylmercury in fish-

consuming populations. Because of various

limitations and uncertainties in all of the available

data, the U.S. EPA and other Federal agencies

intend to participate in an interagency review of the

human data on methylmercury, including the most

recent studies from the Seychelle Islands and the

Faroe Islands. The purposes of this review are to

refine the estimates of the level of exposure to

mercury associated with subtle neurological

endpoints and to further consensus between all of

the Federal agencies. After this process, the U.S.

EPA will determine if a change in the RfD for

methylmercury is warranted.

Fish consumption dominates the pathway for

human and wildlife exposure to methylmercury. This

study supports a plausible link between

anthropogenic releases of mercury from industrial

and combustion sources in the United States and

methylmercury in fish. However, these fish

methylmercury concentrations also result from

existing background concentrations of mercury

(which may consist of mercury from natural sources,

as well as mercury which has been re-emitted from

the oceans or soils) and deposition from the global

reservoir (which includes mercury emitted by other

countries). Given the current scientific

understanding of the environmental fate and

transport of this element, it is not possible to

quantify how much of the methylmercury in fish

consumed by the U.S. population is contributed by

32

U.S. emissions relative to other sources of mercury

(such as natural sources and re-emissions from the

global pool). As a result, it cannot be assumed that a

change in total mercury emissions will be linearly

related to any resulting change in methylmercury in

fish, nor over what time period these changes would

occur. This is an area of ongoing study.

Critical elements in estimating methylmercury

exposure and risk from fish consumption include the

species of fish consumed, the concentrations of

methylmercury in the fish, the quantity of fish

consumed, and how frequently fish is consumed. The

typical U.S. consumer eating fish from restaurants

[Page O-3]

and grocery stores is not in danger of consuming

harmful levels of methylmercury from fish and is not

advised to limit fish consumption. The levels of

methylmercury found in the most frequently

consumed commercial fish are low, especially

compared to levels that might be found in some non-

commercial fish from fresh water bodies that have

been affected by mercury pollution. While most U.S.

consumers need not be concerned about their

exposure to methylmercury, some exposures may be

of concern. Those who regularly and frequently

consume large amounts of fish -- either marine

species that typically have much higher levels of

methylmercury than the rest of seafood, or

freshwater fish that have been affected by mercury

pollution -- are more highly exposed. Because the

developing fetus may be the most sensitive to the

effects from methylmercury, women of child-bearing

age are regarded as the population of greatest

33

interest. In this Report, an analysis of dietary

surveys led the U.S. EPA to conclude that between 1

and 3 percent of women of child-bearing age (i.e.,

between the ages of 15 and 44) eat sufficient

amounts of fish to be at risk from methylmercury

exposure, depending on the methylmercury

concentrations in the fish. These consumers should

be aware of the Food and Drug Administration and

State fish advisories that suggest limiting the

consumption of contaminated fish. Advisories in the

United States have been issued by 39 states and

some Tribes, warning against consumption of certain

species of fish contaminated with methylmercury.

To the extent that concern is focused on high-end

fish and seafood consumers, research is needed on

the actual consumption patterns and estimated

methylmercury exposure of this subpopulation. In

addition, the findings from such research should be

validated by analysis of hair samples from a

representative sample of members of this

subpopulation.

Environmental Impacts

The pattern of mercury deposition nationwide

influences which eco-regions and eco-systems will be

more highly exposed. Piscivorous (fish-eating) birds

and mammals are more highly exposed to mercury

than any other known component of aquatic

ecosystems. Adverse effects of mercury on fish, birds

and mammals include death, reduced reproductive

success, impaired growth and development, and

behavioral abnormalities.

34

Mercury contamination has been documented in

the endangered Florida panther and the wood stork,

as well as populations of loons, eagles, and

furbearers such as mink and otter. These species are

at high risk of mercury exposure and effects because

they either are piscivores or eat piscivores.

Concentrations of mercury in the tissues of wildlife

species have been reported at levels associated with

adverse health effects in laboratory studies with the

same species. However, field data are insufficient to

conclude whether piscivorous wading birds or

mammals have suffered adverse effects due to

airborne mercury emissions. Modeling analyses

conducted for this Report suggest that it is probable

that individuals of some highly exposed wildlife

subpopulations are experiencing adverse effects due

to airborne mercury emissions.

Mercury Control Technologies

Mercury is widely used in industry because of its

diverse properties and serves as a process or product

ingredient in several industrial sectors, however,

industrial demand for mercury has declined by about

75 percent between 1988 and 1996, due largely to the

elimination of mercury additives in paints and

pesticides and the reduction of mercury in batteries.

Most of the emissions of mercury are produced when

waste or fuel containing mercury is burned. The U.S.

EPA has already finalized emission limits for

municipal waste combustors and medical waste

incinerators. As a result, by the year 2000, emissions

from these categories will decline at least 90 percent

from 1995 levels. In addition, mercury emission

35

limits have been proposed for hazardous waste

incinerators.

[Page O-4]

The largest remaining identified source of

mercury emissions are coal-fired utility boilers.

Although a number of mercury control technologies

are being evaluated for utility boilers, most are still

in the research stages, making it difficult to predict

final cost-effectiveness as well as the time required

to scale-up and commercialize the technologies.

Because the chemical species of mercury emitted

from boilers varies from plant to plant, there is no

single control technology that removes all forms of

mercury. There remains a wide variation in the end

costs of control measures for utilities and the

possible impact of such costs on utilities. Preliminary

estimates of national control costs for utility boilers

(based on pilot scale data) are in the billions of

dollars per year. Ongoing research, as well as

research needs related to mercury controls for

utilities, are described in the document.

Cost-effective opportunities to deal with mercury

during the product life-cycle, rather than just at the

point of disposal, need to be pursued. A balanced

strategy which integrates end-of-pipe control

technologies with material substitution and

separation, design-for-environment, and

fundamental process change approaches is needed.

In addition, international efforts to reduce mercury

emissions as well as greenhouse gases will play an

important role in reducing inputs to the global

reservoir of mercury.

36

[Page 1-1]

1. THE MERCURY STUDY REPORT TO

CONGRESS

The Clean Air Act Amendments of 1990 (CAA)

established section 112(n)(1)(B) which requires the

United States Environmental Protection Agency

(U.S. EPA) to study the impacts of mercury air

pollution. In particular, section 112(n)(1)(B) specifies

the following:

The Administrator shall conduct, and

transmit to the Congress not later than 4

years after the date of enactment of the

Clean Air Act Amendments of 1990, a study

of mercury emissions from electric utility

steam generating units, municipal waste

combustion units, and other sources,

including area sources. Such study shall

consider the rate and mass of such emissions,

the health and environmental effects of such

emissions, technologies which are available

to control such emissions, and the costs of

such technologies.

The U.S. EPA designed the Mercury Study to

address many different (but linked) types of

information:

data on type, sources, and trends in

emissions;

evaluation of the atmospheric transport of

mercury to locations distant from emission

sources;

37

e assessment of potential impacts of mercury

emissions close to the source;

e identification of major pathways of exposure

to humans and non-human biota;

e identification of the types of human health

consequences of mercury exposure and the

amount of exposure likely to result in adverse

effects;

e evaluation of mercury exposure consequences

for ecosystems and for non-human species;

e identification of populations especially at risk

from mercury exposure due to _ innate

sensitivity or high exposure; and

e estimates of control technology efficiencies

and costs.

The Report used the above types of information

to assess the impact of emissions to air of mercury

from a variety of sources. This assessment included

judgments as to the potential hazard to humans and

wildlife of methylmercury exposure which (as is

described in succeeding sections) is largely through

the consumption of contaminated fish.

There was no attempt in this Report to do a

comparative risk/benefit analysis of fish as an

important source of protein and calories in the diet of

U.S. populations. Such an analysis would be beyond

the scope of the CAA mandate. As emphasized in

succeeding sections, the typicai U.S. consumer of fish

is not in danger of consuming harmful levels of

38

methylmercury and is not being advised to reduce

fish consumption.

[Page 1-2]

This Mercury Study Report to Congress fulfills

the mandate of section 112(n)(1)(B). The Report is in

eight volumes:

Volume |: Executive Summary

Volume Ii: An Inventory of Anthropogenic

Mercury Emissions in the United States

Volume HUI: Fate and Transport of Mercury in

the Environment

Volume IV: An Assessment of Exposure to

Mercury in the United States ~

Volume V: Health Effects of Mercury and

Mercury Compounds

Volume VI: An Ecological Assessment for

Anthropogenic Mercury Emissions in the

United States

Volume VII: Characterization of Human

Health and Wildlife Risks from Mercury

Exposure in the United States

Volume VIII: An Evaluation of Mercury

Control Technologies and Costs.

The various analyses documented in this Report

were designed and conducted in accordance with

accepted guidelines and procedures. For example,

the human health risk assessment performed for this

39

Report follows published Guidelines for Risk

Assessment (including guidelines on Exposure

Assessment, Developmental Toxicity, Carcinogenicity

and Germ Cell Mutagenicity) and uses established

methodologies for quantitative assessment of genera)

systemic toxicity (e.g., in the calculation of reference

doses (RfDs) and reference concentrations (RfCs)).

Moreover, the assessment of ecological effects,

presented in Volume VI, follows U.S. EPA’s

Framework for Ecological Risk Assessment. Criteria

values for protection of piscivorous wildlife were

developed using the methodology developed for the

Great Lakes Water Quality Initiative.

In 1994, the National Research Council of the

National Academy of Sciences, in Science and

Judgment in Risk Assessment, recommended several

areas in which U.S. EPA could improve its risk

assessment and risk characterization practices.

These recommendations are listed below along with

a description of how they were implemented in this

Report.

e Provide an understanding of the type and

magnitude of an adverse effect that a specific

chemical or emission could cause under

particular circumstances. The Report

characterizes both the type and magnitude of

health and ecological effects associated with

airborne emissions of mercury’ from

anthropogenic sources.

e Validate methods and models. All models

used for the Report were critiqued by

scientific experts and model predictions were

40

compared to measured mercury levels using

the most appropriate data available.

Describe the basis for default options. All

assumptions are described and justified based

on available data. Where appropriate,

exposure models were modified to improve

assumptions and to focus on areas of

prediction where use of model assumptions is

most justified.

Articulate and prioritize data needs. The

Report includes a section on Research Needs

in each volume.

Distinguish between variability and

uncertainty. The Report provides discussions

that attempt to make these distinctions for

the risk results.

[Page 1-3]

Perform formal uncertainty analyses.

Uncertainty analyses were formally

conducted for the dose-response and exposure

assessment steps of the study, and were

implicit in weight-of-evidence processes used

in the hazard identification step of the human

health risk assessment and the problem

formulation phase of the ecological risk

assessment. Uncertainty also was analyzed

quantitatively in other components of the

study, such as in the calculation of

bioaccumulation factors and the RfD for

methylmercury.

41

4. MANAGEMENT ALTERNATIVES

Possible Control Strategies

Effective control of mercury emissions may

require a mix of strategies. The four major types of

control techniques reviewed include:

e Pollution prevention measures, including

product substitution, process modification and

materials separation;

e Coal cleaning;

e Alternative approaches; and

e Flue gas treatment technologies.

Table 4-1 summarizes mercury control techniques for

selected source categories. Pollution prevention may

be suitable for those processes or industries where a

mercury substitute is demonstrated and available

(e.g., mercury cell chlor-alkali plants). Another

pollution prevention measure is material separation,

which may be an appropriate approach for processes

where mercury-containing products are disposed of

by incineration, or where mercury can be reduced in

the fuel prior to the fuel being combusted (e.g.,

medical waste incineration). Conventional regulatory

strategies may be applicable when mercury is

emitted to the environment as a result of trace

contamination in fossil fuel or other essential

feedstock in an industrial process (e.g., cement

manufacturing). Other non-traditional approaches

such as emissions trading or other market-based

approaches may also prove feasible for mercury

42

control. In addition, emissions control is only one

possible means for reducing human exposure. For

example, the issuance of fish advisories (or increased

public education about advisories already in place) is

an alternative that would need to be explored when

selecting among strategies for reducing risks to

human health (though not to ecosystems).

Cost-effective opportunities to deal with mercury

during the product life-cycle, rather than just at the

point of disposal, need to be pursued. A balanced

strategy which integrates end-of-pipe control

technologies with material substitution and

separation, design-for-environment, and

fundamental process change approaches is needed.

In addition, international efforts to reduce mercury

emissions as well as greenhouse gases will play an

important role in reducing inputs to the global

reservoir of mercury.

As noted above, because of the current, limited

scientific understanding of the environmental fate

and transport of this pollutant, it is not possible to

quantify the contribution of U.S. anthropogenic

emissions relative to other sources of mercury,

including natural sources and re-emissions from the

global pool, on methylmercury levels in fish

consumed by the U.S. population. Mercury

methylation and subsequent uptake in fish is

complex and not well understood. As a result, it

cannot be assumed that a change in total mercury

emissions will be linearly related to any resulting

change in methylmercury in fish, nor over what time

period these changes would occur. This is an area of

ongoing study.

43

The analyses of control technologies and costs

presented in this Report are not intended to replace

a thorough regulatory analysis, as would be

performed for a rulemaking. The information

presented is

**«*

[nyssacons

“seg SABY B[WIdsoY 38 saIBiZONd COKE Rdes [RIA THY |

|

Weed GZ 04

§ Wes, SaduUBs AoUaDIYs UIBITONd ‘saqyrUNMIWOD [eZaAae

aq peyuoweldun ueeaq sey uoTyEsEdas Ai9338q pljeyesnoy SIMWIV

20 SO MA Ut peuing

OTVAS 9488 34) JO JUsWUOO ANJaUa| saj}suM Suturewyuos

FUIAOW AZ jNOYILA JOYSNGUIOD B Oy ynduUI AuNsuew aonpad -ANosew uonjBiedes

UBS (SMi9zi |BOLLWO9/a JOY}O PUB syeWSOWIAY) ‘S343 jo sjueuodwo > JO 3U83Ka ay} UO SIMIN uouwedss

JUISAIONY “#ALI973Bq ‘“3°9d) SuOTZeIyUeOUOD AMDZe™ | 194}0 apNoUT pyno a) 894 | Sarpuadap ‘ajquue, P oAN s[BLIOIER

4aty Sururwyuod s[eza;eu sUINJOA- MO] Jo “ornwiEdag

SSB Winddeui yo Sutsodsrp 10 SuTpIAdeu Jo #802

Jurptoaw Aq iNeed ose A[quumsaud s8utass euouppy

sulcus A3iauea uv ul §}7Msau UOISIeAUOO jueyd

‘ssaooid [Jeo Ainosewl ey} UBY) spuBmap ALOU V8] a ound

4 SBYy sse001d []a0 aUBIQMIaT ay) esne.

mo] BY tt eaq oy a TeNye sory

Saesa0oid 3a.j-Anouaw A[Wastp auoy se, %O00L] [#9 Aunouzaqy

pasn syuUid TeA]w-sO/Yo 43 Jo J[BY-sUO ynogE ‘PEST Uy

AQITIqIs¥aj NMOUODa pu®

[BotuyIa7 Jurpnjout ‘seouByswNs9 syWeds uo spuedap sionposd sayjo pus

SBade ZOuIO oY LORNIASGns Jonposd Jo edu ay) — gyyFy yuadSaZONY

paaaryoe Sutaq st 3uayuoo Aunosew Pa, |

490] ING ‘AoUelDYya AB4aUa ay) Jo asnBIeq pesBesoUl —— aie

ae oe shina JO squauodwoo jo yuarxa aya uo

$9149338q ploqesnoy | ieyj0 apnjou prnod 804 | Suipuadap ‘ajqvuB, | SLM ‘SOMA

ur Amaze jo asn 843 paonpas sey uoNNysgns ynporg

peTjosquo) penondil | douatgyy waoway | ody, aaanog es

swusmwo,) sawnijeg sy | wpayY-ssory | Amavey persansy | ajquonddy | jonuoy Kanasoy

SadX] 8INOg paya[ag Joy Sanbjuqoa] [o1U0 > Aaundieyy jo Arsuuing

I-P 91981

ad

9GIt} FSYR WBS) 943 Ut UONBLado UT syed Ijux]B-s0[y9

as

. : seses poe ‘70S uotjdsospe

0% eu 78 a8 Ul Glam FUleIsAS uogaB. u

e473 JOR peq GOQsBS “pH! UL ‘sTejaw AaBay woqs¥o

anbraysay | 48uj0 ‘spunodweoo sued Poearoe

StY2 GO I/QUITBAB st UOBUIOFUT 94331] A194 ouesi0 [eNpIsey 894 06 Heyl e-sOUY peywed]

sjueid Suiqqgnss

aNbUyI9} SY) UO 3]/QBITBAB st VorVEMsOsUT 923] Aza aUuoN 804 %oN6 YBATY-40[YD | oursq payoideg

SrauasUoo UBINj

PUB UTXOIP pay BULOTYD-Jae8a] ‘2TKOY a10W WO;

ABW [B8odstp 03 2oUd 13,8M918EM Jo JUIUIZBAI) SasINboy

suBany

ssaqgqnis

yom aaBy A[WUSLIN $2aT10g Paslj-[ROO Jo yUaQuad G7 oe

: ‘20338 Am3Jom [Peyuemaya

‘snow aynmnonsed 40j peyuit, ‘seeds

Ul SLAIN pue edoung Ul sO; 2 pesn useq aary Aaya ‘sTwjew aqnyjos -za48Mm §49]10q

yanoyyye "g'A) 2yI UT SOM O} pardds waag r0u orey

‘sase3 ploy 834

40) %06< q URE

‘SLAIN “SOMA | Surqqnics 12m

peq a4) Ul sez 10} [BIVUaQOd ayy puB UOgsBO jUAads jo

[Bsodsrp 94} Uptm poywisossy Syoye aaQusoU [wUIO,

peidde uaeq you sey yng ‘suajjaws Jo

SLAW 88 ons ‘sa07NOs 18430 04 alqie¥ay A;TeoruYyse |,

adoung Ul suo; BseULUl aaseM

SNOPIVTBY dayj WO paTTeisuT aq of paaueld pus ‘AuBdiisr)

ul sjuBid semod a[828-|[Ny aay OF petjdde sUaLIN)

sases plow ‘TOS

‘s[Bjew Aavey

Jayio ‘spunod uo

siatiog

jeuysnput

‘siaqiog

Aan «paq

atueduo penpisey 89% 4066 ‘SOMNN | 4831g woqaeD

yes ouda] anbruqoey

pe[josjuo) SIpeW =| Aouayoyg [eaouiay | addy ao1nos Jos300)

sjueuNmO,) sUBIN[JOYg 1ag10 #801) | Aanosey_ powwurEg, alquonddy Ainas9q

sadA], a04N0g paidal[ag 10j sanbuyoay jOuIGOD Aind41ay jo Areurumng

(panurjuoo) {-p a1qey

cr

{e-p adeq]

“O10 MON|S FUCISETMe YONS sewAIDT! Ng 2416 aUO jw AmaueW jo SUOTSBTUIe FUIOGITS BSWAiIe, , [BIQUEZOd ey) 01 Jejai FROWdUTI

BTped seo ‘YOQNIQSQns yNpoid jo asw oy) U] Ajaaredsai ‘veysem pmby pu¥ prow Suwurwyuco-4mssew jo [weodsrp pu¥ uoNReual ayy

Ul y[Neel {Ng sUOWSETWE ITB Way Lins) BAOUIe! SJeqgTLOe Jem PUB speq Jay, UOGIWO ‘a[dureKe Joy -12;¥M soNjINS pus ‘1e}8m puNOL ‘Tos

$8 YoNs “ITE TUG} JeqIO Vipew o7 AinaieW! severed puw JayeUET OF [eTVUMOd aq) Oo sayar S1o¥dUN vIPaMT-seasd ‘a1qH) sTYy Jo oBOdnd 943 Joy y

SLAIN 40 6M WON 2 | |

20U 3ng “seTtog 4QTTGN Gay pesoderp Buumbai

42430W ay8(NoQ7ed jo yUNOUTS Uc peda

JUBYTUSs eavy p[noo UoqiWO jo UONTPPY | |

pesn uoquwo jo adAy paw sad any ui

AIMD1aW yo sewede pu’ WOR BBQUBITOD '10738/]00

JoqjeM aemonsed jo eddy ‘peyelur uoques |

PeIBaro” jo junowe ‘aingesedma; sud eny

@pnout eouwuLsopred soucn yu yyy e108 y anenie |

Aqurwepeoun aye [oa-rwae

Jo SeiBep YBTy 8 aABYy Yons SY PUY KIWP e[woe | seo Aj wJUBOd Yonsei

‘world Uo peseq are KiaIoq AyTTIN 30} poyrode | ‘wuBITy pus suatiog AQTIN woqs¥o

seroUaDUge TorIe(M UOQIBD peywAZY | sULLOTP peywuLLO[Y) 00}, %+06°09 ‘SLM “OMAN poreaney

Faery ayy eq

Mod] peyime Suieq wn tueles jo AyrITQuBsod

oq) GO pepeed Ton eUuLiO;UI BOW

On SHY POTYPas] oq wena

AmnacaG Puv AINUajes Burutwy Woo 194 ;y yUadg

d od

SLAW 03 #1quoridde djjeumod io

‘ued Jamod UVULIOL) ¥ 78 UONRTTEISUT CMOTy ‘

‘Uspemg U1 AlojwUIeD 8 PUY OMIN 8 eB ( on

(]@% #8 aiaq[amIe 38 sUOTBIT|dd¥ Umouy nog a a

1U@jU00 INP #e3 ony puv eunNguiedmay pear Arearud

888 ang ‘suoN¥QUsOUCO Amazed yajuT soved plos ‘y0m ‘azay[ams a

epNPUT aouBULOjJed souenyU yy) B00 4 ene woA %06 seddoo Arwunig wnruereg

ou0pwa

Pe[oa3005 |vaomey are

Haw Nog _iroeduy SAND adh] aornog jondo)

aeumMM0’) 20TH *IPeW F802) peseuey e[quoyiddy AanaseK

GedAy soan0g SSO SS Toy SOMBIE TO TTS yo S

(penurjuos) [-5 aquy

oF

47

[Page 4-5]

intended to present the range of available options

and provide a relative sense of the extent of mercury

reductions achievable and the general magnitude of

the cost of such reductions.

Pollution Prevention Measures

One possible means of achieving reductions in

mercury emissions is through the use of pollution

prevention or source reduction. Such approaches to

achieving reductions involve changes in processes or

inputs to reduce or eliminate emissions of mercury

from a particular product or process. They could

include, for example, the replacement of mercury

with an appropriate substitute or the use of

lowmercury constituents.

In considering opportunities for pollution

prevention or source reduction it is important to

consider both the potential reductions achievable and

the costs of these options. Any consideration of the

potential reductions, should examine whether (and

the extent to which) emission reductions from the

particular sources in question will yield reductions in

risk to public health and the environment. It is also

essential to understand the costs associated with

implementing a _ pollution prevention measure,

including any changes in the quality of the end

product.

Removing mercury-containing products such as

batteries, fluorescent hghts and thermostats from

the waste stream can reduce the mercury input to

waste combustors without lowering the energy

content of the waste stream. The mercury removal

48

efficiency would vary, however, depending on the

extent of the separation. Many materials in wastes

contain mercury. Materials that comprise a large

portion of the waste stream, such as paper, plastic,

dirt and grit and yard waste, contain very low

concentrations of mercury. Therefore, obtaining

appreciable mercury reduction from separation of

these types of materials would require separating a

large fraction of the total waste stream. Separating

these materials would counter the intended purpose

of the combustion process, which is to disinfect and

reduce the volume of waste materials.

Other materials contain higher concentrations of

mercury, but make up only a very small portion (less

than 1 percent )of the total waste stream. These

materials include mercuric oxide batteries,

fluorescent lights, thermostats and other electrical

items. Separation of such materials can reduce

mercury input to a combustor without removing any

of the energy content of the waste stream. To

evaluate a materials separation program, the

feasibility and costs of separating a particular

material should be compared with the mercury

emission reduction achieved. Furthermore, the

current and future mercury reduction achieved by

separating a certain material should be considered

since the mercury content of some items such as

household __ batteries has already declined

considerably.

Coal Cleaning

Coal cleaning is another option for removing

mercury from the fuel prior to combustion. In some

states, certain kinds of coal are commonly cleaned to

49

increase its quality and heating’ value.

Approximately 77 percent of the eastern and

midwestern bituminous coal shipments are cleaned

in order to meet customer specifications for heating

value, ash content and sulfur content. Any reduction

in mercury content achieved by coal cleaning results

in a direct decrease in mercury emissions from the

boiler. The mercury removed by cleaning processes is

transferred to coal-cleaning wastes, which are

commonly in the form of slurries. No data are

available to assess the emissions of mercury from

coalcleaning slurries.

Volume II of this Report (An Inventory of

Anthropogenic Mercury Emissions in the United

States) presents available data on the mercury

concentrations in raw coal, cleaned coal and the

percent reduction achieved by cleaning. These data,

which cover a number of different coal seams in four

states (Illinois, Pennsylvania, Kentucky and

Alabama), indicate that mercury reductions range

from 0 to 64

[Page 4-6}

percent, with an overall average reduction of 21

percent. This variation may be explained by several

factors, including different cleaning techniques,

different mercury concentrations in the raw coal and

different mercury analytical techniques. It is

expected that significantly higher mercury

reductions can be achieved with the application of

emerging coal preparation processes. For example, in

one benchscale study, five types of raw coal were

washed by conventional cleaning methods followed

by column froth floatation or selective agglomeration.

50

Conventional cleaning and column froth flotation

reduced mercury concentrations from the raw coals

by 40 to greater than 57 percent, with an average of

55 percent. Conventional cleaning and selective

agglomeration reduced mercury concentrations from

the raw coals by greater than 63 percent to 82

percent, with an average of 68 percent. In a second

benchscale study in which three types of coals were

cleaned with a heavy-media-cyclone (a conventional

cleaning method) followed by a water-only-cyclone

and a column froth flotation system, mercury

concentrations in the raw coal were reduced by as

much as 63 to 65 percent. Bench-scale testing is also

being carried out by DOE to investigate the use of

naturally occurring microbes to reduce mercury (and

other trace elements) from coal.

Alternative Approaches

There are a variety of flexible approaches for

reducing the emissions of hazardous air pollutants.

These include incentive- or market-based systems,

“co-control,” and energy conservation and renewable

energy initiatives.

Incentive-based systems are tools that provide

industry with more flexibility than traditional

regulatory programs. In such a _ system, the

regulatory agency generally sets a ceiling on

allowable emissions (a cap) for each source along

with clear and certain penalties for missing the

target, but regulated entities have complete choice in

how these targets will be met. The cost to industry is

determined by the market and by the innovation

used in meeting the cap. Emissions cap programs

allow for increased incentives because sources that

51

reduce emissions below their cap can sell the surplus

reduction to sources that cannot achieve their cap.

Trading is promising where sources have different

compliance costs, or where local environmental

impacts are minimal. Sources that reduce emissions

before they are required to do so can “bank” the

excess reductions and save them for later. Examples

of existing market-based programs include the SO2

allowance trading and NO, averaging programs

implemented under Title [V of the CAA Amendments

to reduce acid deposition; the Regional Clean Air

Incentives Market Program and Rules developed in

California to reduce emissions of NO,, SOx, and

reactive organic compounds; and U.S. EPA’s Lead

Trading Program designed to reduce the emissions of

lead from gasoline in the mid-1980’s.

Incentive-based systems to reduce mercury

emissions, either through regulation or voluntary

means, may be attractive to utilities and other

facilities for several reasons: to reduce mercury

emissions at a lower per unit cost, to insure against

future regulation, to reduce the compliance costs of

regulation, to bank credits tov’ard future regulatory

requirements, to build experience with technology

and to demonstrate environmental leadership. Also,

incentive-based programs could provide financing for

the control of mercury among different industries

(and potentially other countries) and may be a viable

option for utilities and other sources where cost-

effective technologies have yet to be identified.

Co-controi refers to the control of mercury by

control devices or other management measures that

were designed or prescribed to limit the emissions of

}

52

pollutants other than mercury. Co-control can also be

achieved through the implementation of the National

Ambient Air Quality Standards (NAAQS) for ozone

and particulate matter (PM). In support of the

revised ozone and PM NAAQS, the U.S. EPA

conducted numerous detailed analyses to predict

what control approaches industry might use to

achieve the new standards. Fuel switching, in which

one fuel is switched to another (e.g., high-sulfur coal

to lowsulfur coal, or coal to natural gas) to achieve

emissions reductions, is also an alternative to direct

control.

[Page 4-7]

U.S. EPA estimates that implementation of the

New Fine Particle Standard for ambient air quality

through a regional control strategy that significantly

reduces SOx below the CAA’s Title [IV requirements

can indirectly lower forecasted mercury emissions in

2010 by about 11 tons from electric power generation

by units burning fossil fuels. This reduction occurs

from both the additions of flue gas desulfurization

units (scrubbers) at coal-fired boilers to lower SOx

emissions and through greater reliance by the power

industry on producing electricity from natural gas as

another way to reduce SOx. In the Regulatory

Impact Analysis for the new NAAQS, U.S. EPA

estimated that in 2010 a regional SOx reduction

stracegy for the electric power industry to lower fine

particle formation will lead to the installation of

scrubbers on additional 60 GWs of coal-fired capacity

(increasing forecasted scrubber capacity under Title

IV by about two-thirds). U.S. EPA assumes that

scrubbers remove close to 30 percent of the mercury

contained in coal flue gas. U.S. EPA also estimated

53

that electricity produced from natural gas would

increase by 16 percent above baseline levels. Natural

gas combustion produces negligible levels of mercury

emissions.

Title IV of the CAA also encourages energy

conservation measures and use of renewable energy

as a long-term strategy for reducing air pollution and

other adverse effects of energy production and use.

Renewable energy is defined as energy that is

derived from biomass, solar, geothermal or wind.

Flue Gas Treatment Technologies

Most metals have sufficiently low vapor

pressures at typical air pollution control device

operating temperatures that condensation onto

particulate matter is possible. Mercury, on the other

hand, has a high vapor pressure at typical control

device operating temperatures, and collection by

particulate matter control] devices is highly variable.

In Volume VIII of this Report (An Evaluation of

Mercury Control Technologies and Costs), add-on

controls to reduce mercury emissions are described

in detail including information on commercial status,

performance, applicability to the specified mercury

emission sources, and secondary impacts and

benefits. The controls described are:

e Carbon filter beds;

e Wet scrubbing for waste combustors and

utility boilers;

e Depleted brine scrubbing;

04

e Treated activated carbon adsorption;

e Selenium filters; and

e Activated carbon injection.

The most important conclusions from the

assessment of flue gas treatment technologies

include:

Factors that enhance mercury control are low

temperature in the control device system (less

than 150 °Celsius [C} [300 to 400 °Fahrenheit

(F)]), the presence of an effective mercury

sorbent and a method to collect the sorbent. In

general, high levels of carbon in the fly ash

enhance mercury sorption onto particulate matter

which is subsequently removed by the particulate

matter control device. Additionally, the presence

of hydrogen chloride (HCl) in the flue gas stream

can result in the formation of mercuric chloride

(HgClz), which is readily adsorbed onto carbon-

containing particulate matter, or can be

efficiently scrubbed by a wet FGD system.

Conversely, sulfur dioxide (SOz) in flue gas can

act as a reducing agent to convert oxidized

mercury to elemental mercury, which is more

difficult to collect.

Conversion of mercury cell chlor-alkali plants to a

mercury-free process is technically feasible and

has been previously demonstrated.

[Page 4-8]

Control technologies designed for control of

pollutants other than mercury (e.g., acid gases

55

and particulate matter) vary in their mercury-

removal capability, but in general achieve

reductions no greater than 50 percent (except for

high removal efficiencies for HgCle by wet

scrubbers).

Selenium filters are a demonstrated technology in

Sweden for control of mercury emissions from

lead smelters. Carbon filter beds have been used

successfully in Germany for mercury control on

utility boilers and MWC’s. These technologies

have not been demonstrated in the U-S. for any of

these source types.

Injection of activated carbon into the flue gas of

MWC’s and MWIs can achieve mercury

reductions of at least 85 percent. The addition of

activated carbon to the flue gas of these source

types would not have a significant impact on the

amount of particulate matter requiring disposal.

No full-scale demonstrations of activated carbon

injection for utility boilers have been conducted in

the U.S. Based on limited pilot-scale testing,

activated carbon injection provides variable

control of mercury for utility boilers (e.g., the

same technology might capture 20 percent of the

mercury at one plant and 80 percent at another).

The most important factors affecting mercury

control on utility boilers include the flue gas

volume, flue gas temperature and chloride

content, the mercury concentration and chemical

form of mercury being emitted.

The chemical species of mercury emitted from

utility boilers vary significantly from one plant to

56

another. Removal effectiveness depends on the

species of mercury present. To date, no single

control technology has been identified that

removes all forms of mercury.

e The addition of activated carbon to utility flue gas

for mercury control would significantly increase

the amount of particulate matter requiring

disposal.

Cost of Controls

The overall approach for assessing the cost of

“end-of-pipe” flue gas treatment technologies was to

select a subset of source categories on the basis of

either their source category emissions in the

aggregate or their potential to be significant point

sources of emissions. Consideration was also given to

whether a particular source category was a feasible

candidate for application of a control

technologybased standard under section 112 of the

CAA. The cost analyses cover four source categories:

municipal waste combustors (MWC), medical waste

incinerators (MWI]), chlor-alkali plants, and utility

boilers.

In addition to determining the cost effectiveness

of applying mercury control technology, a financial

analysis was performed to evaluate the affordability

of mercury control (in terms of potential price

increases or impacts on financial impact) for the

selected source categories.

‘Wanted O§ 2AouIss OF POUINsY arW GoTy A s19qqesIE Jom JO VOHSTWISU [BUOIIIPPS puY SuTyriime /OTy Pos saInsey |

‘SOVVN Wad PUP atozo ayy wiouy BoHoNped Uo}

TT @Q J0j SUNUNODW ‘sU04 Tp Jo JUedQIEd Og SI UOYINPaI SUN J ¢ ET] “VORIEMT WOgIw peyBANoV amnjguedue; YSty UO pes¥g PUNO seddn

Qr8 680 [OQUOT) ‘WON wOTddY sef0g AT[GN efwow- "TY B 203 PeyE.QSUCWEp Ueeq jou s¥y BOTIefUT HOGTIED peyBANsy “yuesied (j6 4q BeTIOG

AQITN pary-[Boo Woy sTOISSTWA AMIE! [ANUS 04 UOGTHO PaPRATWR Jo s[UNOWS JUeDYNS sWeYyeu FUOLINpes PeUONWE [yQUE}Od FY] ,

‘SLAW 40) souTjepmd worssture aqy Aq permbes sv SBF On|)

tnt Sp SRS ee enn omnes ee ae “@UOTB [OTTOS AMIUeW 0} PePNGLASB oq JOU P[NOYs 101,409 JO yO) p

“GSuys JaAMNTP JP Sony PHe eae

@4} eal Fon(Ba OY ‘BFUWI BSB PeyUVeeId GIy SANTBA SeIUaAtDOe-1809 BzEU A, >

‘WWATBUB gy UI pawn syUBid [epOM ety SY sys00 auTEE ay} IMUT Pom soTITTID; [Tw Fase pu AjuO seyBUTNSe OB #7800 (BUOLEU [BUA 5

“perst] UoRoNpal ayy aaaiyow plod AyiToW; Augae SurumMesy suoonpad peywuUTsT y

“peseg are ey#0O

(BNUUY [BUCK EU (YQUsejod puY FUON NPA: [eUOTEU fETyTe}Od Try UO saNdruToIe; Buy are senbruyoe] [aJUCO AIMIIeW peUT|ZepUn ey] “ALON

uoryg o°98~

699 009"e~ [Bol

UONGIOSPE TWOGTH peyBaQoe perse. | [1 Amovew

(wo NPSL %0O I) Suigqrse ewig poredacy ay Suten sued

069'r$ UorTTTU gos soy [2 ey 9? A! TEATS 4014)

#3800 [QMUCO AinoueW | oQuOO Amoew

fwywemesut oN = — | PHyuaTIeIDUT ON yo703 11 SOVYN Wa PUY SUSz "TONM-O)

Speq 4939 ToqrB)

UOTESOTUT WOYIWT PRBATIIY (S1afiog

(SuOIZINPas % 08) ‘

4 P SuTuva]) [woo psouBapy! ¥0'T) ene

000'0L-00L'L9$ Ing gf suo} LE Suryoitms ang, = 9B 9ZF Aan peay-[vo)

soutjeping

euotsstTwe euy worpeful UOgsBD mm

uo peseq ‘000% Aq

poor (wornpes %96) si0ywsauIout

p000 b$-000'78 | QBT-098 su0} GI L'Ool oor 'Z~ 168.48 [BOTpPey

7 t

| sautjepms soqqn.2oe yom SuTyeTo,

UoTeeTIZe [BUY Speq 4039

© peseq ‘0007

Ag (UoTIN par %OG) onngsqns jon sr0j,enquT0S

OL8-11z$ MOTTE Lb-P' TIS U0} 9% Herudes [vLIa} L'6I 621 oye [edioTUN

As0VU@AT]

o(peaouiad queeg Tenauy vores y

AINIIOW JO QL/g) [wuoTIeN gsuoKonpey nae sououy Aroseies

SBIUGATIIE IY -300) fenceag =| (BUOREN [eUUeO" sendruyel [AnUOD Ama SNP% | JOsrequMY | eamMog Amare

#0

OAR) BINOG pI}de[og 10; #80) pUw sUoRONpeY UOjssFUNY AINSI W [wpUaI0"

ZF 1981 [6-> 284)

Lg

58

Table 4-2 presents the four source categories for

which a control technology and cost analysis was

performed. The selection of a particular type of

control for the cost analysis should not be construed

to mean that the U.S. EPA has selected, or has

preference for, this technology for a given source

category. The table presents the number of facilities

in each category and the percent contribution of each

to the national inventory. Potential national mercury

reductions, potential national control costs and cost-

effectiveness estimates are also presented. These

estimates are based on the assumption that all

plants within a source category will achieve the same

reductions and incur the same costs as the model

plants used in the analysis. Because this assumption

would not be applicable in all circumstances, the

estimates of potential reductions and costs should be

used only for relative comparisons among the source

categories to give an initial indication as to where

mercury controls could provide the most emission

reduction for the least cost.

The cost of mercury control incurred by any

specific facility may be underestimated by the cost

analysis presented in this Report because of

variability inherent in the assumptions that were

made in the analyses. These assumptions include the

efficiency of the various control techniques for

reducing mercury, the amount of mercury in the flue

gas stream and other site-specific factors such as

down-time and labor costs. In addition, costs for

monitoring and recordkeeping were not included in

the cost analyses. These requirements would be

specific to a regulatory action. On the other hand,

the costs represent retrofit application of controls.

39

Installation of controls at new facilities can be

significantly less expensive than retrofitting an

existing facility.

The estimates of cost for mercury reductions also

do not illustrate two important considerations. One

is that, as presented, all of the cost of control could

mistakenly be attributed to mercury removal. As

described previously in this Report, many of these

controls achieve reductions of other pollutants as

well (e.g., acid gases, dioxin, other metals). In some

cases (e.g., the emission guidelines for MWI), the

choice of control technology or control strategy is

aimed at reducing pollutants other than mercury. In

these cases, there is a co-control benefit of mercury

reduction. The benefits of reducing other pollutants

should be considered when interpreting the mercury

control costs. Second, the technologies available for

mercury control represent’ relatively new

applications of these technologies. Thus, in the

future, it is likely that as new or emerging

technologies develop, the cost-effectiveness of control

will improve. Air pollution control and prevention

techniques are continuously under development and

improvement. There is a fairly rapid pace of

innovation in the air pollution control sector. The

demand for cleaner products and cleaner processes

that lower overall costs, combined with the necessity

for improved air and water quality, create strong

incentives for technological innovation and a growing

market for such innovations. As the demand for more

innovative, cost-effective and cost-saving

technologies increase, new technologies will move

from the research and development or pilot program

phase to commercial availability.

60

While existing technology will play a key role in

reducing mercury from some sources, emerging

technology may be more appropriate for others.

Innovations in environmental policies may also play

a key role in developing a national management

strategy for mercury. These innovations could

include multi-media approaches, greater emphasis

on pollution prevention, regional control strategies

and optimization of co-control opportunities.

fe eo

61

United States

Environmental Protection

Agency

Office of Air Quality

Planning and Standards

Research Triangle Park, NC 27711

EPA-453/R-98-004a

February 1998

Air

EPA

Study of Hazardous Air Pollutant

Emissions from Electric Utility Steam

Generating Units — Final Report to

Congress

Volume 1.

[Page ES-1]

EXECUTIVE SUMMARY

ES.1 LEGISLATIVE MANDATE

In section 112(n)(1)(A) of the Clean Air Act, as

amended (the Act), Congress directs the United

States Environmental Protection Agency (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 .. fhazardous air

62

pollutants] ... after imposition of the

requirements of this Act.”

Section 112(a)(8) of the Act defines an “electric utility

steam-generating unit” as “any fossil-fuel—fired

combustion unit of more than 25 megawatts electric

(MWe) 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 MWe output to any utility power distribution

system for sale is also considered an electric utility

steam-generating unit (i.e., utility unit).

Section 112(n)(1)(A) also requires that:

e The EPA develop and describe alternative

control strategies for hazardous air

pollutants (HAPs) that may warrant

regulation under section 112; and

e The EPA proceed with rulemaking

activities under section 112 to control

HAP emissions from utilities if EPA finds

such regulation is appropriate and

necessary after considering the results of

the study.

ES.2 REGULATORY DETERMINATION

This report does not contain a determination as

to whether or not regulations to control HAP

emissions from utility units are appropriate and

necessary. The Agency has deferred the regulatory

determination until a later date.

63

ES.3 OVERVIEW APPROACH TO COMPLETING

THE STUDY

The study included numerous separate and

interrelated analyses. First, HAP emissions test data

were gathered from 52 utility units (i.e., boilers),

including a range of coal-. oil-, and natural gas-fired

utility units. Second, the emissions test data along

with facility specific information (e.g., boiler type,

control device, fuel usage) were used to estimate

HAP emissions from all 684 utility plants in the

United States (U.S.). Third, a screening level

hazard/risk assessment was completed to prioritize

the HAPs for further analyses. Fourth, various

priority HAPs were analyzed for inhalation and

[Page ES-2]

multipathway exposures and risks and other

potential impacts. In addition, potential control

strategies were analyzed for the priority HAPs. The

overall summary of the study is presented in Figure

ES-1.

This report presents the findings of the study.

The primary components of this report are: (1) a

description of the industry; (2) an analysis of

emissions data; (3) an assessment of hazards and

risks due to inhalation exposures to 67 HAPs; (4)

assessments of risks due to multipathway

(inhalation plus non-inhalation) exposures to four

HAPs (radionuclides, mercury, arsenic, and dioxins);

and (5) a discussion of alternative control strategies.

The study was based primarily on two scenarios:

(1) 1990 base year emissions; and (2) 2010 emissions.

In addition, emissions for 1994 were estimated using

64

the most recent data. The 1990 scenario was chosen

since that was the year the Amendments to the Act

were passed and was the latest year for which utility

operational data were available at the time the study

was initiated. The 2010 scenario was selected to

meet the section 112(n)(1)(A) mandate to evaluate

hazards “after imposition of the requirements of the

Act.” Primarily, this meant assessing the hazards

after the acid rain program is in place. The 2010

scenario also included estimated changes in HAP

emissions resulting from projected trends in fuel

choices and projected increases in electric power

demands. However, the effects of other on-going or

potential activities that were not factored into the

2010 projections (e.g., industry restructuring, new

ozone and particulate matter [PM] standards, global

climate change programs) may result in the 2010

projections being either underestimated or

overestimated.

ES.4 EMISSIONS DATA ANALYSIS

A total of 684 utility plants (i.e., utilities) were

identified as meeting the criteria for the study in

1990 in the U.S. These utilities are fueled primarily

by coal (59 percent of total units), oil (12 percent), or

natural gas (29 percent). Many plants have two or

more units and several plants burn more than one

type of fuel (e.g., contain bovh coal- and oil-fired

units). In 1990, there were 426 plants that burned

coal as one of their fuels, 137 plants that burned oil,

and 267 plants that burned natural gas.

Emission estimates for the years 1990, 1994, and

2010 were based on emissions test data from 52 units

obtained from extensive emission tests by the

65

Electric Power Research Institute (EPRI, the

Department of Energy (DOE), the Northern States

Power Company, and the EPA. The testing program

was designed to test a wide range of facility types

with a variety of control scenarios; therefore, the

data are considered generally representative of the

industry. However, there are uncertainties in the

data because of the small sample sizes for specific

boiler types and control scenarios.

teen I cupeingon

OBIE OrSQy Qpeo, GuneN TAeg

(POO) FOZ AD win ® UAOUCD O PBy3 - PAL ORC, at at

OUED Peppa, 0 A is NOOK AED OMEIPE: 4 100 C-

ena) oy ye Om | AsEry LUBLRUOG Sam UR me

wuneey - euaxcG ey recy - ney qneny poem

t + *

v

—m * A

er Ry IW wo, |

NU vagsadec

put LogEgquBOUO> (yO 9 woo) AveeemS UO 'PO “fy IN) Sug a

Jy DLS 3 0 souepmL | OUD Fv WOH SYN 7 DeR@DOR - oumeeamal

; « GO-FE wl LIV) BRON BL Obey, - acta wl

8d fv ©8008 'S°9 0) Uy 09 Pucteg - Ev Why CIV £8 PRED YY -

mux fy SW tywH, (C6 d¥D) 990R BOC) eu ar bu07 end |900> yey ec)

muedgiy

PVR ay ) 90m PLC Bey ,

WeUssessy ySYW/eNsodxy AemyedniNWw

JUCWSSOSSY NSW UNSOdX yg UO{}B/BYU

r

=

SHIH - 4

i POYNUEP! SdH FL-

kromn SdVH SZALOd 03

seKeuy seBenang weussessy Bujueaios

JOQUOD SAQRWeyy

t

sisAjeuy 8j8Q Sucjss;Ww5

|

‘SA Yl SUCld FBG 40, SBJBUISS SUO/SS/WS -

POWIUSP! SdH 19 -

SUUP) ZS WO, BYE }Se| -

sesfjeuy Apnyg s2jxo4 sry AMIRA JO GUNJOMUYS []e18AQ *|-S¥ eunBi4

99

=

SHOdU) /BVUBIOY 40

MOVBY GUTRUCL) -

3H Pus DH

[§-Sq 338g)

67

[Page ES-4]

These test data provided the basis for estimating

average annual emissions for each of the 684 plants.

A total of 67 of the 188 HAPs listed in section 112 of

the Act were identified in the emissions testing

program as potentially being emitted by utilities.

Tables ES-1 and ES-2 present estimated emissions

for, respectively, a subset of priority HAPs for 1990,

1994, and 2010, and for a set of characteristic boilers

for 1994.

Although the EPA used average annual

emissions estimates in assessing long-term

exposures to individual HAPs on a national basis,

emissions test data were not available for each

utility in the U.S. Therefore, estimates for individual

plants are particularly uncertain. Based on an

uncertainty analysis, the average annual emissions

estimates are expected to be roughly within a factor

of plus or minus three of actual annual emissions.

However, even this uncertainty analysis had

limitations. For example, the uncertainty analysis

did not include data on potential upsets or unusual

operating conditions; therefore, the range of

uncertainty could be greater.

ES.5 GENERAL APPROACH TO EXPOSURE AND

RISK ASSESSMENT

Most of the risk assessment focused on

inhalation exposure. All 67 HAPs were assessed for

inhalation exposures, at least at a screening level.

For many of the 67 HAPs, inhalation exposure is

believed to be the dominant exposure pathway.

However, for HAPs that are persistent and/or

bioaccumulate, and are toxic by ingestion (or are

68

radioactive), the non-inhalation exposure pathways

could be more important. Based on a screening and

prioritization assessment, which is described below,

the EPA identified four high priority HAPs

(radionuclides, mercury, arsenic, dioxins) to assess

for noninhalation exposures. In addition, cadmium

and lead were identified as next highest priority.

Multipathway assessments are presented for

radionuclides, mercury, arsenic, and dioxins. The

other two HAPs (lead and cadmium) were examined

qualitatively for their potential for multipathway

hazards.

ES.6 SCREENING ASSESSMENT

As outlined in Figure ES-1, EPA initially

conducted a screening assessment that considered

inhalation and non-inhalation exposure routes for all

67 HAPs to identify priority HAPs for more detailed

assessment. To screen for inhalation exposures, the

EPA used the Human Exposure Model (HEM) to

model the 67 HAPs from all 684 utility plants

utilizing generally conservative assumptions (1.e.,

assumptions that are more likely to overestimate

rather than underestimate risks) to estimate

inhalation risks for maximally exposed individuals

(MEIs).

(AGOL'8'L'8'% “2't) urxorp-d-ozueqrporopqousya3

“8'LE'S 03 aatQB]e2 Az19tx0} Jo; JuNen(pE seye szeueZUOD 4oBe JO BUOIESIWe 84} JO UOIWBUIUINS By

UO posed St Gory “yovordde (Hq) Aouapearnbe 1x0} ay} Furs peyefnoyes azaM sazBUITySe SUOTSHIWO B804], p

‘painsBewl JON = WN >

‘(WOIssNIsTp

J0} PSY Uorjoee ees) ssaquinu esey) Ul satjUTeZI90"UN o78 a10q} ‘MOMIYT, “SOLIBUAIB [01}U09 puB sad4j JayIOg

aytoeds jo ajdures pazrun 8 uo paseq suoKsefoud Popoul Wow peaLiop 318 3[Qe) SQ) UI sa}vUQ8e SUOIsSTWA ay], q

6 Jaydeyp Ul poyuosoid are suoiserwe epr[nuoIpeYy “uMoYs BIW} 22430

84} 0} UoSstedmos jUBAs]al B apLAoid jou pmnom ‘Mojoi0g} ‘pus (aBeA Jed sauIMd “a't) sz1UN yuarayIp UI pommsvow

S28 SUOISSTUIS OPI|NUOIPBs IsNBIaq 2[qBz TY} UO pepnjout you FYH Asoud auo ay} aw sepronuorpey B

79 60 % v6 t6 61 oF 6z rr epryeprwansog |

WN WN WN g Ol FE gO FG | 9-0 ET ozoo0'0 | stoooo | ze0000” puma

W W

WN N WN WN WN N re Lg 9% ureorsy

WN x WN Ll ORz OFI 00092 000'2 000'0Z apuony uasampAyy

WN “KN WN oe T oOrz 006% ooo'esT | Ooo FET OOO'SFT [| Spuojys walorpay |

ve ve tt 00% ze 068 69 z9 89 PAIN

PZ00 Tio 0 3100 0 S10 z0 0 09 19 oF AINDIe

: I? 1 t6 Biz TT Ti aeouesU, |

390 ax) a) v9 oe Tl iT) z9 GL pee]

: rz be ty ie z9 GL waniaory,)

60 TI TI ve te fe Tape

WN WN NN £20 0 or 0 zs 6L UL many Gey

0 810 70 C 7 g TL 9¢ ig say

0108 9661 06681 O108 ¥661 0661 0108 ¥661 0661

[WangUN rire) ~ [805

qi¥ak sed su0y) soyeuitise cojeejae Fyy] aplauojiey dvi

w®dVH Ayuoug wseyryy, 40; suse AYIA apLAUONBN “T-gy Aq],

69

[e-Sq 2384)

‘TSH F981 JP P 270U300) 9eg ,

“‘POIBINITW ION = Ng

“SUOLSBIWa [BNIB Jo aay} APYANOs jo 10,98] B UIYPA A[TBs19Ue 1B SayBUITYSo SUOISSIMe

04) 78U SyoIpeld Yqq og} ‘sIsA[wUB AQUTBLGOUN UB UO pos¥g “SJaqUINU aseUy Ul BOTUTBPsIUN GIB B1eq], ,

r00'0 if Ll ON (@%91N

ON 8200000000 €1000000°0 geared

ON ON v1 apuony uadorpay

ON 06 061 aptioryo usZospAyy

ON Z100°0 S00 Aunaaa yy

ON rto'0 1z0°0 per]

ON 29000 Iv'0 winruzory))

qQuN P1000 €200'0 wniupE)

£0000 2900°0 0s00'0 oruasay

0v3 09 S38 *(@MA) 0218 3a

sud [wingEN tO [Pog jong

gltBed

dad sU04 “p66 1) 81UQ ANIM oNsUepETEYD WO sqYy}{ A}4OLIg GUL 40; sUOISSIMIY payeUINSY “7-Sq e[qUL

[9-Sa a3eq)

OL

71

If the MEI risk was above a minimum measure (e.g.,

exposure greater than one-tenth the inhalation

reference concentration [RfC]* or cancer risk greater

than 1 chance in 10 million), then the HAP was

chosen for more study. For non-inhalation exposures,

the 67 HAPs were prioritized by considering five

criteria: (1) persistence; (2) tendency’ to

bioaccumulate; (3) toxicity; (4) emissions quantity;

and (5) radioactivity.

Based on this screening assessment, a total of 14

HAPs were identified as priority. Twelve HAPs

(arsenic, beryllium, cadmium, chromium,

manganese, nickel, hydrogen chloride [HCl],

hydrogen fluoride [HF], acrolein, dioxins,

formaldehyde, and radionuclides) were identified as

priority pollutants for further study based on

potential for inhalation exposures and risks. Four of

these 12 HAPs (arsenic, cadmium, dioxins, and

radionuclides) plus 2 additional HAPs (mercury and

lead) were considered priority for multipathway

exposure); of these 6 HAPs, 4 (arsenic, mercury,

dioxins, and radionuclides) were identified as the

highest priority to assess for

[Page ES-7]

multipathway exposures and risks. Overall, a total of

14 of the 67 HAPs were considered priority. The

other 53 HAPs were not evaluated beyond the

screening assessment.

® The RfC is an estimate (with uncertainty spanning perhaps

an order of magnitude) of the daily inhalation exposure of the

human population (including sensitive subgroups) that is likely

to be without appreciable risk of deleterious effects during a

lifetime.

72

ES.7 INHALATION RISK ASSESSMENT -- LOCAL

ANALYSIS

The EPA estimated inhalation exposures and

risks due to dispersion of HAP emissions within 50

kilometers (km) of each of the 684 plants (i.e., local

analysis). For 13 of the 14 priority HAPs, the HEM

was used; for radionuclides, the Clean Air Act

Assessment Package-1993 (CAP-93) model was used.

The HEM exposure modeling conducted for the

inhalation risk assessment was very similar to the

modeling conducted for the screening assessment.

The same default options and same input data were

used. However, there is one important difference. For

the inhalation risk assessment, a distinction was

made between urban and rural! locations. If a plant is

located in an urban area, it was modeled using the

urban mode (i.e., dispersion is assumed to be

characteristic of emissions emitted by a facility in an

urban location where there are buildings nearby).

Dispersion of the pollutant plume in an urban area is

expected to exhibit greater turbulence because of

heat transfer and obstacles (i.e., large buildings). If a

plant is located in a rural location, it was modeled

using the rural mode (i.e., dispersion is assumed to

be characteristic of a facility located in a rural

location). In the screening assessment, all plants

were modeled using the urban default because using

the urban default typically leads to more

conservative (i.e., higher) estimates of human

exposures, which is appropriate for a screening

assessment. However, using the urban and rural

distinction is believed to reflect more realistic

conditions.

73

The cancer risks for all gas-fired plants were well

below one chance in one million (i.e., < 1 x 10%) and

no noncancer hazards were identified. Therefore,

gas-fired plants are omitted from the following

discussions.

In cases where data were missing or incomplete,

the EPA had to make various assumptions. A few of

these assumptions are more likely to overestimate

risks. Other assumptions used are likely to

underestimate risks. Based on an _ uncertainty

analysis conducted for this study, it is estimated that

these assumptions taken together lead to a

reasonable high-end estimate (i.e., conservative, but

within the bounds of reasonable estimates) of the

risks due to inhalation exposure within 50 km of

plants. Within the limits of current scientific

information, this approach is, therefore, most likely

to overestimate health risks for these pollutants. The

uncertainty analysis suggests that the most likely

estimated inhalation MIRs (i.e., central tendency

MIRs) may be roughly 2 to 10 times lower than the

high-end MIRs presented below. The average

individual risks due to inhalation exposure to utility

HAP emissions for the total exposed U.S. population

(roughly 200,000,000 people) are predicted to be

roughly 100 to 1000 times lower than the high-end

inhalation MIRs.

[Page ES-8]

ES.7.1 Inhalation Cancer Risks for Coal-Fired

Utilities Based on Local Anaivsia (1990

The vast majority of coal-fired plants (424 of the

426 plants) are estimated to pose lifetime cancer

risks (i.e., increased probability of an exposed person

74

getting cancer during a lifetime) of less than 1 x 10*

due to inhalation exposure to utility HAP emissions.

Only two of the 426 plants are estimated to

potentially pose inhalation risks greater than 1 x 104

(see Figure ES-2).

The increased lifetime cancer MIR due to

inhalation exposure to coal-fired utility HAP

emissions, based on the local analysis, is estimated

to be no greater than 3 x 10°. Arsenic and chromium

are the HAPs contributing most to the inhalation

risks (see Table ES-3). All other HAPs, including

radionuclides, were estimated to present inhalation

risks less than 1 x 10° for coal-fired units.

The cancer incidence in the U.S. due to

inhalation exposure to HAPs (including

radionuclides) from all 426 coal-fired plants based

on the local analysis is estimated to be no greater

than approximately 0.2 cancer case per year

(cases/yr), or 1 case every 5 years. However, as

described in later sections, the consideration of

longrange dispersion of HAPs (beyond 50 km) results

in increased estimates for cancer incidence.

ES.7.2 Inhalation Cancer Risks for Oil-Fired

Utilities Based on Local Analysis (1990)

The majority of the oil-fired plants (125 of the

137 plants) are estimated to pose inhalation cancer

MIRs less than 1 x 10°. However, up to 11 of the 137

oil-fired plants are estimated to potentially present

inhalation MIRs above 1 x 10* (see Figure ES-3).

Nickel, arsenic, radionuclides, and chromium are the

primary contributors to these cancer risks.

75

For oil-fired utilities, the highest contribution to

the MIRs is from nickel. However, there are

substantial uncertainties with the nickel risk

estimates. Nickel is emitted in several different

forms (e.g., nickel oxides, soluble nickel, sulfidic

nickel) and the health effects of these different forms

vary, and for some forms are unknown or uncertain.

Nickel subsulfide (which is one of the possible forms

of sulfidic nickel) is a known human carcinogen and’

appears to be the most carcinogenic form based on

available data. Based on limited data, 3 to 26 percent

of the nickel emissions are believed to be sulfidic

nickel. It is not known how much of the sulfidic

nickel emissions are nickel subsulfide. Several other

nickel species (e.g., nickel oxides) are also potentially

carcinogenic but the potencies are not known. ’

OLE L DUE OFX | Ubemiag DW LP asod 0) peprumse ae sjud (6 je, SMOUS aunty ayy ants SG U) 9-34 SB UMOUS SI, OL HL ay) Uowma

O00 8 SOUND GUO 10 9S) OUED PESPEDU) UP ORRUEXS 104 aundy Sag Ws S\udUOdse se Dojuasedd aur (Sui) SxSL ENP YEU WNUEKEW pueYBu au, ZION

| eave BP onmeeanl)] seaaen BB co

481) (@NDIAIDU) WNW) xewy

—- 0

Os

A s (da

7 Wie Hy ee

Wy, 4 ’ Lee Ov. :

es Ge

Yee tiie :

Wy Yi -ooe 86g

Z 17 Yee rt

GY Hee °

YY Vy Wy, 2

LM :

eer r ooe .

— a —_—____- ~ occ

SdH @pljonuoIpel-uoU s1ueBOUDIeD {IY

(UI $0 SjOAS7 Ag) SxSIY |eNPIA/pU; LUNWIxeEYy

JO SOAS) SNOHBA Bulsog SEIU Peil4-jB@OD so soquuNN *Z7-S3g eunBi

[6-Sq seq)

90) ¥ | DUR, OL X | UdeMlad SHI Da}euunse Wy Swe d pay) §

ae away snous aunby ay, aR 93) SE UMOYS Si, OL * | JO YSU HOUT? Peseanu ue ‘oplume cy aundSy Sag wl S\wweundkes se pojuesoid ae SHV) aL a10N

wai ass BR cas cress = @3i:e14 Bs UA «-3s ° 8-3, CT e-as> Sy

NBs ISN DIAIDU! WNW xe;

eo. Ol eR 9 ai @1o-a1 @ 3) O43. 4a) Ol @ at @3i>

I —E————————_z = ——<C ] a

Hh

— | HH L os

Hi i |

| Hill or

WT

Aik ez i

MA tee

TA :

| BAH Lit

or r os

rs

+ oo

|

}

-—~-- — = — — —_— _—_—_-_ SS ——-_—-_-—-——-- -——_——_ -——— Ci

(WI $0 S}@Ae7 Ag) SySIY [eNPIAIPU) LUNWIxeYy

JO S|@AG7 SNOBA Bulsod SE11I/117 POsIj-|IO JO JEQUUNN, *E-S3g eunBig

[Ol-Sq e3eg)

‘SIWH Wtuesgouties

TSNPIAIPUT QZ 4Oy Yes yo Ajtatrppe Surwinsse sqyH jo ayeSes88e oY} JO BOBTBYUT OF ONp jel pazeuiye” q

‘(WoLsENIStp Joy Fy Gg

GOtj088 898) SEIUUII}Se pus-43TY a[qeuOSswal pereprsucO are SO},BUIIZ88 OS9Y} ‘SISATBUB AJUTBJI80UN UB UO paseg “juETd

Peay [80 AS ysoyasry,, Oy} 403 amsodxe uorsreyM 03 anp (YTW) YSU [SNPAIPUL UMNUTXeW awTaz] paemnsg

é o¢e gO x8 KSAVH JO o7889183y) , [830],

t O1t g-Ol XI wnrwolmy)

gO X 1 < aIW gO ®I< —

[43} sjuuid requin ourt79;1| Yi UoRUdo ged 49008) 10431)

0661 282, 343 10;

SOHETAA, POET 405 stedpouy [woo] wor sqUSY ysrY JOUR) UOHETEqU] pug-ysH Jo Creu “¢-gq a1qU]

[It-Sq a3eq)

BL

79

[Page ES-11 cont.]

To evaluate the range of potential risks due to

nickel emissions, the EPA estimated risks using

various assumptions for nickel cancer potency

(presented in chapter 6). For example, assuming the

nickel mix is 50 percent as carcinogenic as nickel

subsulfide, the highest inhalation cancer MIR due to

the aggregate of HAP emissions from the highest

risk oil-fired utility plant is estimated to be 6 x 10°5.

Assuming the nickel mix is 10 percent as

carcinogenic as nickel subsulfide, the highest

inhalation cancer MIR due to the aggregate of HAP

emissions from the highest risk oil-fired utility plant

is approximately 3 x 105. The values in Table ES-4

and Figure ES-3 are based on the conservative

assumption that the nickel mix is 50 percent as

carcinogenic as nickel subsulfide.

Estimated risks due to inhalation exposure for a

subset of HAPs based on the local analysis are

presented in Table ES-4. All other HAPs analyzed

were estimated to pose inhalation cancer risks below

1 x 10° for all 137 oil-fired plants.

The cancer incidence in the U.S. due to

inhalation exposure to HAP emissions (including

radionuclides) from all 137 oil-fired utilities, based

on the local analysis, is estimated to be no greater

than 0.5 cancer case/yr.

ES.7.3 Inhalation Cancer Risks Based on Long-

Range Transport

In addition to the above analyses, the EPA

conducted long-range transport analyses to assess

emissions dispersion and exposures on a national

scale for 1990. The Regional Lagrangian Model of Air

80

Pollution (RELMAP) was used to estimate the

dispersion of HAP emissions from the facility stack

out to the borders of the continental U.S. This is in

contrast to the HEM, which estimates dispersion and

air concentrations within 50 km of the source.

‘8qVH tuasoutares

(ENPIATPUr PI 40f FSU Jo AWARIppe Surunese sqyH jo ovSas93w oy; jo uoIBTEYLT oO} anp yeu paywunisy

“OPYTNSQNs [@ROU SB MUaFOUIITBS 8B jUadIed

O¢ St Spunodwioo jayoTu jo x1u ayy yey} UONduUMsse 94} GO peseg AB SAY [8}O) PUB [ayOTU 10; Sa}BUIYSS ay] q

‘(uoIssnastp 10; HL Sq

GO1}I98 988) 8ezBWIIISa PUd-Y3TY a[quuUOsBes paloptsuCD ale SeyBUIISS B60q3 ‘sIsA;eUB AQUTBZIGIUN UB UO paseg “juBId

POU THO ASHE WOgsrY,, 24} 40} omsodxa worjeyequr oy onp (YT) YSU [ENprarpur umurxew ewes] paywunsy |

IT 000‘0I1 g-01 X9 (oye3a283e) peo]

I oP g Ol Rs wunTUIpeD)

I 008% g-OI XS mnraorys)

Zz 00r'Z g-OI XT saprjonuorpey

zZ 00t'Z g-O1 XT otuasry

tt OO0'OTT g-O1 ¥¢ ql®49IN

g-OT X1< gO XI<

IW GI WSs ay 7031]

s3uujd saquiny 43} worneindog ed IW 389431H dWH

0661 FBOA OG} 10} BALI] POMLZ-[1O 40} StsApwUY [BIO] UO pasug

SopBUIgS” FSY 490uUBH UoHeTeyu] pus-ystpy jo Arewuing “p-Sq arquy,

[Z1-Sq adeq]

18

82

[Page ES-12]

The RELMAP modeling was conducted for all

coal- and oil-fired utilities, but was limited to

mercury, cadmium, chromium, arsenic, nickel, lead,

and dioxins. Only inhalation exposures to the

carcinogenic HAPs are discussed in this section.

Deposition and multipathway concerns are discussed

elsewhere in this report. The long-range transport

modeling indicates that the local HEM analysis

alone does not account for a substantial percentage

of the population exposures due to coal-fired utility

emissions. A comparison of the HEM results to the

RELMAP results indicates a significant portion of

emissions disperse further than 50 km, as would be

expected for these HAPs, which are mostly fine

particulate substances emitted from elevated stacks.

The RELMAP results for arsenic, cadmium,

chromium, and nickel (which are emitted mainly as

PM) were used to estimate the potential long-range

transport inhalation exposures for other carcinogenic

HAPs. Using this methodology, the highest cancer

incidence due to inhalation exposure to HAPs from

coal-fired utilities considering both local and long-

range transport is estimated to be up to 1.3 cases/yr,

which is about 7 times greater than the incidence

estimated in the local analysis alone. The cancer

incidence for oil-fired utilities did not change (see

Table ES-5).

WOISSNOSTP JOJ FL Sq SUONI08 dog “Sa;UUITISe SLI O¥OY) YaLa POYWIOONSY sORUIEIOOUN av Qe],

‘(Sy8u Jo Aarnrpps Suramese ‘syyH WueSouTDIBd [Te 0) aiNsodxe UONR[BYU! Oj enp ysL) Yeu ABBAaTy

‘(SePIPNUoIped PUW “cANTUApeS “UIMYMORYD ‘SuISIN ‘eqITU SuTpHpxe “8'}) pesd|wuy sqyH SuTurwuse [[v 0 esNsodxe 0 eNp sxe pewUTY |

‘SPYTMsSqns joyor se orUsSouTIIVO se JUsded Og H GINGTITI je_IU Oy} WWYY SeUNesy |

st g Ol FF #0 gt 89 ities

8z0'0 ** 900'0 pSt hs qe no lv

900'0 pO FE 900°0 gS te wnruspe)

Le0 gt FE q0°0 g-Ot I otuesiy

ato gO FZ z0°0 g-0 #9 wnimary:)

800 gt Ft ZO g-Ot #9 wlOTN

L0 PeeWse ON z'0 gt St soprjnuorpey

souaptout (HWW) souspraa (HW) yuneeye,

sa0uw peswaiou! [wNUTY yeu [eNpLalpar WNGITKE RY ssouwo paswanm [wnuUY yeu [UNpLAIpar WNT CKE PY

SINVId GSULIIVOO SINVId Gaula 110

“CSA TaWamMwOS jo SrepI0g OF HT tp) SLOVdWI SDNVY-ONO' Sid TVO7T

z0 porte 70 ole SOL

000 et 9000 pores gO TV

9000°0 pot XZ 200'0 gO % wniwpes

90°0 g-01 *% F0'0 g-O1 ¥I musery

Z0'0 g Ot ¥T Z0°0 g-OI FS wniwasy.)

$00°0 ,OreL ro puree RIN,

10 g-Ol ¥% Z0 gl FI sepronuorpEy

eouaptout (HW) aouapouy (HW)

seouwo peswaput [enuuy yeu [enpiatpur wnurow yy ssouw) pasvenut [ynuLy yeu (enpuarpyr amare | NNOd

SINVId aaa 1VOD SINVIG Cau TIO™

p vueid AWN Gows Fo Way OG UlGIja Gojeredsjp) SLOVAWI 1VDO1

es

54

A comparison between the HEM local dispersion

results and the long-range transport modeling

results indicates that long-range transport is much

less important for the MIR than it is for cancer

incidence. For example, the MIR from the local

analyses for coal-fired utilities (i.e., inhalation risk of

3 x 10) is predicted to

[Page ES-14]

increase by roughly 10 to 20 percent to about 4 x 10°6

when ambient concentrations are added from long-

range transport of arsenic from all other utilities in

the continental U.S. For oil-fired utilities, the long-

range transport of HAPs’ has no impact on the

highest inhalation MIR because of the remote

location of the two highest risk oil-fired plants.

ES.7.4 Uncertainties with the Inhalation Cancer

Risk Assessment

There are several areas of uncertainty in the

inhalation risk assessment including: (1) the impacts

of long-range transport; (2) the emissions and health

effects of different forms of chromium and nickel; (3)

the use of a linear non-threshold high-to-low dose

extrapolation model for estimating cancer risks at

low exposure concentrations; (4) the impacts of

episodic releases resulting from upsets or unusual

operating conditions; (5) how residence times and

activity patterns impact the exposures; (6) the

impacts on sensitive subpopulations; (7) the impacts

of background exposures; and (8) the risk of complex

pollutant mixtures.

The uncertainty analysis indicates that the

inhalation cancer MIRs and incidence estimates

presented above are reasonable high-end estimates

85

of the risks due to inhalation exposure within 50 km

of each plant. That is, the estimates are considered

generally conservative (i.e., predicted to be roughly

the 90th to 95th percentile). The uncertainty

analysis suggests that the most likely estimated

inhalation MIRs (i.e., central tendency MIRs) may be

roughly 2 to 10 times lower than the high-end MIRs

presented above. The average individual risks due to

inhalation exposure to utility HAP emissions for the

total exposed U.S. population (roughly 200,000,000

people) are predicted to be roughly 100 to 1,000

times lower than the high-end inhalation MIRs.

ES.7.5 Summary of the Inhalation Cancer Risks

For the majority of utility plants (approximately

671 of the 684 plants), the estimated inhalation

cancer risks due to HAP emissions are less than 1 x

10-*. However, several plants (2 coal plants and up to

11 ol plants) are estimated to potentially pose

inhalation cancer risks above 1 x 10°. One oil plant

is estimated to pose a high-end inhalation cancer

MIR of up to 6 x 10-5. Based on the assessment, no

greater than 1.8 cancer cases/yr are estimated to

occur in the U.S. due to inhalation exposure to HAP

emissions from all coal- and oilfired utilities. Further

research and evaluation may be needed to more

comprehensively assess the inhalation cancer risks,

especially to reduce the uncertainties associated with

the nickel risk estimates.

ES.7.6 Inhalation Noncancer Risks

The EPA also assessed noncancer risks (i.e.,

health effects other than cancer) due to short- and

long-term inhalation exposure. Manganese, HCl, HF,

86

and acrolein were found to be the four HAPs of

highest potential concern for noncancer effects.

[Page ES-15 }

Based on modeling HAPs for all 684 plants with

the HEM, estimated long-term ambient HAP

concentrations were generally 100 to 10,000 times

below the RfC or similar benchmark. The highest

estimated longterm ambient HAP concentration was

10 times below the RfC.

Using a short-term air dispersion model that

considers all reasonable meteorological conditions,

EPA modeled maximum one-hour concentrations for

three HAPs (HCl, HF, and acrolein). The highest

short-term exposure was 140 times below the acute

reference level.

ES.8 MERCURY MULTIPATHWAY ASSESSMENT

ES.8.1 Background Discussion for Mercury

Mercury cycles in the environment as a result of

natural and human (anthropogenic) activities. The

amount of mercury mobilized and released into the

biosphere has increased since the beginning of the

industrial age. Most of the mercury in the

atmosphere is elemental mercury vapor, which

circulates in the atmosphere for up to a year, and

hence can be widely dispersed and transported

thousands of miles from likely sources of emission.

After it deposits, mercury commonly is emitted back

to the atmosphere either as a gas or associated with

particles, to be re-deposited elsewhere. As it cycles

between the atmosphere, land, and water, mercury

undergoes a series of complex chemical and physical

87

transformations, many of which are not completely

understood.

Mercury is a persistent element and

bioaccumulates in the food web. Mercury

accumulates most efficiently _n the aquatic food web.

Predatory organisms at the top of the food web

generally have higher mercury concentrations.

Nearly all of the mercury that accumulates in fish

tissue is methylmercury. Inorganic mercury, which is

less efficiently absorbed and more readily eliminated

from the body than methylmercury, does not tend to

bioaccumulate.

Fish consumption dominates the pathway for

human and wildlife exposure to methylmercury. The

EPA’s 1997 Mercury Study Report to Congress

supports a plausible link between anthropogenic

releases of mercury from industrial and combustion

sources in the U.S. and methylmercury in fish.

However, these fish methylmercury concentrations

also result from existing background concentrations

of mercury (which may consist of mercury from

natural sources, as well as mercury which has been

re-emitted from the oceans or soils) and deposition

from the global reservoir (which includes mercury

emitted by other countries). Given the current

scientific understanding of the environmental fate

and transport of this element, it is not possible to

quantify how much of the methylmercury in fish

consumed by the U.S. population is contributed by

U.S. emissions relative to other sources of mercury

(such as natural sources and re-emissions from the

global pool). As a result, it cannot be assumed that a

change in total mercury emissions will be linearly

88

related to any resulting change in methylmercury in

fish, nor over what time period these changes would

occur. This is an area of ongoing study.

[Page ES-16]

ES.8.2 Methylmercury Health Effects

Epidemics of mercury poisoning following high-

dose exposures to methylmercury in Japan and Iraq

demonstrated that neurotoxicity is the health effect

of greatest concern when methylmercury exposure

occurs to the developing fetus. Dietary

methylmercury is almost completely absorbed into

the blood and distributed to all tissues including the

brain; it also readily passes through the placenta to

the fetus and fetal brain. The reference dose (RfD) is

an amount of methylmercury, which when ingested

daily over a lifetime is anticipated to be without

adverse health effects to humans, including sensitive

subpopulations. At the RfD or below, exposures are

expected to be safe. The risk following exposures

above the RfD is uncertain, but risk increases as

exposures to methylmercury increase.

Extrapolating from the high-dose exposures that

occurred in the Iraq incident, the U.S. EPA derived a

RfD for methylmercury of 0.1 microgram per

kilogram body weight per day (yg/kg bw/day). While

the U.S. EPA was advised by scientific reviewers to

employ this RfD for this analysis, new data are

emerging. Currently ongoing are two large

epidemiology studies in the Seychelle Islands and in

the Faroe Islands that were designed to evaluate

childhood development and neurotoxicity in relation

to fetal exposures to methylmercury in fish-

consuming populations. Because of various

89

limitations and uncertainties in all of the available

data, the U.S. EPA and other Federal agencies

intend to participate in an interagency review of the

human data on methylmercury, including the most

recent studies from the Seychelle Islands and the

Faroe Islands. The purposes of this review are to

refine the estimates of the level of exposure to

mercury associated with subtle neurological

endpoints and to further consensus between all of

the Federal agencies. After this process, the U.S.

EPA will determine if a change in the RfD for

methylmercury is warranted. (Note: see the 1997

EPA Mercury Study Report to Congress for further

discussion and assessment of mercury health effects

and public health impacts).

ES.8.3 Mercury Multipathway Exposure Assessment

Mercury was considered highest priority for

multipathway exposure analysis. To assess the

transport and deposition of mercury emissions from

utilities and to estimate concentrations in

environmental media and biota, three modeling

efforts were undertaken: (1) long-range modeling, (2)

local scale modeling, and (3) modeling of

environmental concentrations. The RELMAP was

used to predict long-range dispersion and deposition

across the U.S. For the local analysis, a model

designed to predict deposition of HAPs within 50 km,

the Industrial Source Complex Version 3 (ISC3) air

dispersion model, was used. Next, the EPA’s Indirect

Exposure Model Version 2M (IEM-2M) was used to

estimate mercury environmental concentrations and

human exposures. Hypothetical exposure scenarios

were evaluated for four model plants (a large coal-

fired, a medium coal-fired, a small coal-fired, and a

90

medium oil-fired utility boiler), The analysis

included three types of plant locations: (1) rural

(agricultural), (2) near lakes

[Page ES-17]

(lacustrine), and (3) urban. Three human fish

consumption scenarios were considered.

The modeling provided information on whether

local and/or long-range transport of mercury is

significant in a variety of scenarios. The models

indicate that most of the mercury from utilities is

transported further than 50 km from the source. The

fate and transport models provided an assessment of

potential inhalation and ingestion exposures.

ES.8.4 Summary of Mercury Assessment Results for

Utiliti

Recent estimates of annual total global mercury

emissions from all sources (natural and

anthropogenic) are about 5,000 to 5,500 tons per year

(tpy). Of this total, about 1,000 tpy are estimated to

be natural emissions and about 2,000 tpy are

estimated to be contributions through the natural

global cycle of re-emissions of mercury associated

with past anthropogenic activity. Current

anthropogenic emissions account for the remaining

2,000 tpy. Point sources such as fuel combustion;

wasté incineration; industrial processes (e.g., chlor-

alkali plants); and metal ore roasting, refining, and

processing are the largest point source categories on

a world-wide basis.

For the year 1994, coal-fired utilities were

estimated to emit approximately 51 tpy of mercury in

the U.S., which is estimated to be 33 percent of the

91

158 tpy of airborne anthropogenic emissions of

mercury in the U.S. If one assumes that current

anthropogenic activity represents between 40 and 75

percent of the total airborne’ emissions

(anthropogenic plus other emissions [e.g., natural

emissions]), one can calculate that U.S. utilities emit

roughly 13 to 26 percent of the total (natural plus

anthropogenic) airborne emissions of mercury in the

U.S.

Given the global estimates of 5,000 to 5,500 tpy

(which are highly uncertain), U.S. anthropogenic

mercury emissions are estimated to account for

roughly 3 percent of the global total, and U.S.

utilities are estimated to account for roughly 1

percent of total global emissions.

A computer simulation of long-range transport of

mercury emissions from all U.S. sources conducted

for the EPA’s 1997 Mercury Study Report to

Congress suggests that about one-third (~ 52 tons) of

the 158 tpy of U.S. anthropogenic emissions are

deposited, through wet and dry deposition, within

the lower 48 States. The remaining twothirds (~ 107

tons) is transported outside of U.S. borders where it

diffuses into the global reservoir. In addition, the

computer simulation suggests that another 35 tons of

mercury from the global reservoir is deposited for a

total deposition of roughly 87 tpy in the US.

Although this type of modeling is uncertain, the

simulation suggests that about three times as much

mercury is being added to the global reservoir from

U.S. sources as is being deposited from it. What is

not uncertain is that additional emissions to air will

92

[Page ES-18]

contribute to levels in the global reservoir and

deposition to water bodies.

Long-range transport modeling conducted as

part of this Utility Study predicts that approximately

30 percent (15 tpy) of the utility mercury emissions

deposit in the continental U.S. The estimated annual

deposition rates resulting from utility mercury

emissions range from 0.5 to greater than 10

micrograms per square meter. Long-range transport

modeling also predicts that the highest deposition

occurs in the eastern half of the U.S., particularly

areas such as southeastern Great Lakes and Ohio

River Valley, central and western Pennsylvania,

large urban areas in the eastern U.S. (e.g.,

Washington, D.C., New York City) and various

locations in the vicinity of large coal-fired utilities.

Based on the limited available receptor monitoring

data, the RELMAP model seems to be accurate

within a factor of plus or minus 2. That is, the

RELMAP model seems to over- and underestimate

mercury values within a factor of two and appears to

be relatively unbiased in its predictions.

The modeling assessment in conjunction with

available scientific knowledge, supports a plausible

link between anthropogenic mercury emissions and

mercury found in freshwater fish. As noted above,

there are many sources of mercury emissions

worldwide, both natural and anthropogenic. The

coal-fired utilities are one category of the mercury

sources.

Mercury is considered the highest priority for

multipathway analyses because it is an

93

environmentally persistent, toxic element.. Mercury

is deposited to soil and terrestrial vegetation but at

levels that do not result in human exposures likely to

be detrimental to health through terrestrial exposure

pathways. However, in its methylated form mercury

bioaccumulates in the food web (especially the

aquatic food web). Modeling results suggest that

most of the mercury emitted to the atmosphere is

deposited more than 50 km away from the source,

especially sources that have tall stacks. As stated

above, the modeling assessment from the Mercury

Study in conjunction with available scientific

knowledge, supports a plausible link between

anthropogenic mercury emissions and mercury found

in freshwater fish. Additional emissions to air will

contribute to levels in the global reservoir and

deposition to water bodies. As a result, mercury

emissions from utility units may add to the existing

environmental burden. At this time, the available

information, on balance, indicates that utility

mercury emissions are of sufficient potential concern

for public health to merit further research and

monitoring. The EPA recognizes that there are

substantial uncertainties that make it difficult to

quantify the magnitude of the risks due to utility

mercury emissions, and that further research and/or

evaluation would be needed to reduce these

uncertainties. Remaining questions include the

following: (1) what is the quantitative relationship

between a change in U.S. mercury emissions and the

resulting change in

[Page ES-19]

methylmercury levels in fish; (2) what are the actual

consumption patterns and estimated methylmercury

94

exposures of the subpopulations of concern; (3) what

are the actual mercury levels in a statistically valid

and representative sample of the U.S. population

and susceptible subpopulations; (4) what exposure

levels are likely to result in adverse health effects;

(5) what affects the formation of methylmercury in

waterbodies and its bioaccumulation in fish; (6) how

much mercury is emitted from natural sources and

past anthropogenic sources; and (7) how much

mercury is removed during coal cleaning and other

ongoing practices for pollution control. New data that

could reduce some of the uncertainties are likely to

become available in the next several years, and EPA

plans to review and consider these data, as

appropriate, in future decisions.

Regarding potential methods for reducing

mercury emissions, the EPA has not identified any

demonstrated add-on control technologies currently

in use in the U.S. that effectively remove mercury

from utility emissions. (However, there may be add-

on control technologies used in. other source

categories that effectively reduce mercury

emissions.) Based on available data, total mercury

removal by existing PM control devices on coal-fired

utilities varies considerably, ranging from 0 to 82

percent removal (with a median efficiency of 15

percent removal) for cold-side electrostatic

precipitators (ESPs), and from 0 to 73 percent

removal (with a median efficiency of 8 percent

removal) for fabric filters. Also, hot-side ESPs

exhibited no mercury control. Existing flue gas

desulfurization (FGD) units exhibit limited mercury

control, ranging from 0 to 62 percent removal, with a

median removal of 23 percent. The mercury control

95

efficiency of FGD units is a function of several factors

including temperature, plant configuration, and type

of coal. Pilotscale studies have shown that mercury

removal can be enhanced through the use of

activated carbon injection. However, the limited

results to date utilizing carbon injection are

inconsistent and more data and research are needed.

Other various pollution prevention strategies, such

as coal cleaning, have shown some effectiveness in

reducing utility emissions of mercury. Conventional

coal cleaning removes, on average, approximately 21

percent of the mercury contained in the coal. Also,

fuel switching, such as switching from coal to natural

gas, would result in decreased emissions of mercury.

ES.9 SCREENING LEVEL MULTIPATHWAY

ASSESSMENT FOR ARSENIC

Arsenic is a naturally occurring element found

normally, in various concentrations, in soil. In

addition, arsenic can also be naturally present in

other media (e.g., various food sources and water).

Arsenic levels have been measured in a variety of

foods. Even though shellfish and other marine foods

contain the greatest concentrations of total arsenic,

much of the arsenic present in fish and shellfish

exists in the less toxic organic form. Other food

products, such as meats, rice, and cereals, contain

higher percentages, and often higher total amounts,

of inorganic arsenic, which is the form of primary

toxicological concern.

[Page ES-20]

Arsenic is also naturally present in trace

amounts in coal and oil. When coal or oil are burned,

some of this naturally occuring arsenic is released to

96

the atmosphere. The quantity of arsenic released

from any utility plant is dependent on many factors

including the concentration of arsenic in the fuel,

control device efficiency, and other factors.

Utilities emit about 62 tpy of arsenic nationwide,

about 3 to 4 percent of the total anthropogenic

arsenic emissions in the U.S. Because of its chemical

and physical characteristics, arsenic emitted to the

atmosphere may be transported to. other

environmental media (soil or water), thus allowing

non-inhalation exposures to occur.

ES.9.1 Exposure Modeling

It was not possible to model every utility plant

for arsenic multipathway exposures. Therefore, a

screening level model plant approach was used. Four

model plants (i.e., a large coal-fired, a medium coal-

fired, a small coal-fired, and a mediuf oil-fired

utility boiler) were designed to characterize typical

utility plants. In taking the model pliant approach, it

was realized that there would be a great deal of

uncertainty surrounding the predicted fate and

transport of arsenic as well as the exposures.

However, the assessment was useful for estimating

potential risks due to utility arsenic emissions. Three

models were used to predict environmental arsenic

concentrations and exposure: the RELMAP, the

ISC3, and the Indirect Exposure Model Version 2

(IEM-2). These models were used to predict the fate

and transport of arsenic emissions and to estimate

human exposures to arsenic through multiple

exposure routes, including food consumption, water

ingestion, and inhalation. Three basic exposure

scenarios were considered: a subsistence farmer

97

(adult and child), a subsistence fisher (adult and

child), and a pica child (i.e., a child that ingests

significant quantities of soil). These scenarios were

considered because they represent possible high-end

scenarios for exposure to arsenic.

ES.9.2 Health Effects of Arsenic

Inhalation exposure to inorganic arsenic has

been strongly associated with lung cancer in

humans. Human exposure to inorganic arsenic, via

ingestion, has been associated with an increased risk

of several types of cancer, including skin, bladder,

liver, and lung cancers. Oral exposure to inorganic

arsenic has also been associated with noncancer

effects, including effects to the central nervous

system, cardiovascular system, liver, kidney, and

blood.

ES.9.3 Approach for Estimatin reenin

! ‘° Rial

Increased cancer risks were estimated for each

hypothetical scenario, for the four model plants, each

of which was placed in two different hypothetical

locations (i.e., an eastern humid site and a dry

western site). For each of the exposure scenarios,

except for the pica child, it is assumed that the

hypothetical person is exposed for 30 years. For the

pica child, it is assumed that exposure occurs for

[Page ES-21]

7 years. Risks were estimated by multiplying the

estimated intakes of arsenic by the EPA’s cancer

potency factor for arsenic.

98

ES.9.4 Screening Level Arsenic Risk Assessment

Results

The results of the screening level multipathway

arsenic exposure assessment provide an indication of

the potential hazards and risks that may occur due

to emissions from a utility plant. However, the

results are not applicable to any particular plant.

There are uncertainties and limitations to the

analysis.

Exposures to inorganic arsenic due _ to

background levels and due to emissions from the

model utility boilers were predicted to be mainly

through the ingestion of grains. Exposure to

inorganic arsenic through the ingestion of fish was

not predicted to be a major pathway of exposure

because there is considerable evidence that little of

the total arsenic in fish tissue is inorganic arsenic.

Soil ingestion is the major route of exposure to

inorganic arsenic for the pica child.

ES.9.4.1 Arsenic Cancer Risks. The cancer risks

due to multipathway exposures to inorganic arsenic,

as estimated in the model plant analysis using

hypothetical scenarios, due to utility emissions alone

(no background) were estimated to range from 4 x

10-7 to 1 x 104. The highest estimated risk (1 x 10-4)

was for a pica child assumed to be living at the point

of maximum deposition. The arsenic emissions from

the large coal-fired model utility boiler at the eastern

humid site were estimated to pose this highest risk

for the pica child. When the risk from background

exposure (2 x 10°) is added to the maximum risk

from utility exposure, the risk for the pica child is

99

estimated to be up to 3 x 10+. The “pica child” is

considered a highend, conservative scenario.

Background exposures were estimated to

dominate the exposures and risks in all scenarios.

When considering only the arsenic emissions from

the model utility units (not including background), in

all scenarios it was the large coal-fired unit that was

estimated to pose the greatest multipathway risks

and the medium coal-fired unit was estimated to

pose the next highest risks. The small coal-fired unit

and the oil-fired unit were estimated to present

lower risks.

ES.9.4.2 Uncertainty Discussion. There are

uncertainties associated with the cancer risk

estimates from arsenic. The analysis was based on

model plants and hypothetical constructs; therefore,

the results are not applicable for any specific utility

plant. Further analyses are needed to better

characterize the risks posed by arsenic emissions

from utilities. A few uncertainties are discussed here.

Exposure to arsenic through the ingestion of tap

or well water was not included in this assessment.

The exposure modeling assessment was based on a

model plant analysis, hypothetical scenarios, and

incorporated data with varying degrees of

uncertainty. Also, there are uncertainties associated

with the health effects data for arsenic.

[Page ES-22}

For example, the animal ingestion studies have not

clearly shown an association between arsenic

ingestion exposure and cancer.

100

ES.10 DIOXIN SCREENING LEVEL

MULTIPATHWAY ASSESSMENT

The highest MEI inhalation cancer risk due to

dioxin emissions from any utility plant based on the

HEM analysis (described in section ES.7) was

estimated to be 1 x 10°’. The EPA estimates that

coal-fired utilities emit 0.2 pounds per year (lb/yr) of

dioxin (toxic equivalents, TEQ) and that oil-fired

utilities emit 0.01 lb/yr. These estimates combined

are roughly 1 percent of the nationwide

anthropogenic dioxin emissions. However, dioxin

emissions data were only available for twelve utility

plants and 42 percent of the measurements were

below the minimum detection limit. Moreover,

dioxins are not part of the naturally occuring fossil

fuel. They are formed in highly complicated reactions

which may occur with unknown frequency during

combustion. Therefore, the emissions data for dioxins

from utilities, which are the basis of exposure

modeling, are considered more uncertain than the

emissions data for many of the other HAPs.

For the screening level multipathway analysis,

the transport, deposition, multipathway exposures,

and human cancer risks were assessed for utility

emissions of polychlorinated dibenzo-p-dioxins

(PCDDs) and_ polychlorinated dibenzofurans

(PCDFs), collectively referred to as_ dioxins.

Atmospheric deposition of dioxin emissions can be

important because dioxins tend to persist in the

environment and bioaccumulate in the food web.

Environmental persistence and bioaccumulation,

coupled with carcinogenic effects at very low levels,

101

make multipathway exposure an _ important

consideration for dioxins.

ES.10.1 Methods

The basic approach for estimating screening level

multipathway exposures to dioxins was similar to

the methods described above for mercury and

arsenic. However, there were some differences. The

EPA’s ISCST3 model was used to predict deposition

and air concentrations of dioxins within 50 km of

each of four model plants. Model plants were selected

to represent both large and small coal- and oil-fired

utilities. A modified version of the IEM spreadsheet

model was used to estimate environmental

concentrations, exposures to the environmental

concentrations for 16 hypothetical human scenarios,

and the resulting cancer risks. Pathways assessed

include inhalation, dermal contact with soil, and

ingestion of water, soil, fish, plants, and animals.

ES.10.2 Results

Since the analysis was based on model plants,

using hypothetical scenarios, the results are not

applicable to any specific plant and contain

substantial uncertainties about the risks due to

dioxin emissions. Total modeled screening level

lifetime cancer risks related to multipathway

exposure to dioxins for the four-model plant analysis

ranged from 1 x 10-!°to 2 x 10+. The results of this

[Page ES-23)

analysis indicate that the exposures and risks due to

fish consumption are the highest of all pathways

considered. The highest modeled result of 2 x 10%

lifetime cancer risk was obtained for the subsistence

fisher exposure scenario. In all modeled scenarios,

102

the noninhalation exposures were at least one order

of magnitude larger than the inhalation exposures,

thus demonstrating the potential significance of

including multipathway exposure analysis in the risk

assessments for pollutants that are environmentally

persistent and tend to bioaccumulate. Also, unlike

the results for arsenic, modeled exposures to dioxins

for each pathway exceed the background exposure

estimates for dioxins.

ES.10.3 Uncertainty Discussion

Several sensitivity analyses were completed for

the screening level multipathway assessment of

utility dioxin risks to assess the reasonableness of

the results. The assumptions with the greatest

impact on the predicted risk to the subsistence fisher

were those made about the biota-sediment

accumulation factor. This sensitivity analysis

suggests that the modeling results are reasonable for

a screening level analysis.

ES.11 MULTIPATHWAY ASSESSMENT FOR

RADIONUCLIDES

Radionuclide emissions from utilities may result

in human exposure from multiple pathways

including: (1) external radiation exposure from

radionuclides suspended in air or deposited on the

ground, and (2) internal exposure from the

inhalation of airborne contaminants or ingestion of

contaminated food. The CAP-93 model was used to

estimate multipathway exposures and risks due to

radionuclide emissions to humans within 50 km of

all 684 utilities. However, this assessment did not

use site-specific data for the non-inhalation exposure

103

analysis, but rather relied on various generic

assumptions and general input data.

Based on the CAP-93 modeling, 667 of the 684

plants are estimated to pose multipathway risks less

than 1 x 10°. The highest estimated multipathway

radiation exposure for the MEI due to radionuclide

emissions from utilities was predicted to be 1.5

millirems (mRems) per year, which is estimated to

pose an increased cancer risk of 3 x 105. Seventeen

plants (13 coal- and 4 oil-fired plants) were estimated

to pose multipathway risks between 1 x 105 and 3 x

10-5. The estimated cancer incidence in the U.S., due

to emissions and dispersion of radionuclides within

50 km of each utility, is estimated to be 0.3 cancer

deaths/yr. The cancer incidence appears to be mostly

due to inhalation exposure. The non-inhalation

exposures contribute only slightly to the incidence.

The non-inhalation exposure pathways have a

greater impact on the MEIs, especially for coal-fired

plants.

The risks due to exposure to radionuclides from

utilities are substantially lower than the risks due to

natural background radiation. The average exposure

to natural background radiation (excluding radon)

for the U.S. population has been estimated to be

[Page ES-24]

roughly about 100 mRems per year, which is about

67 times higher than the highest exposure due to

utility radionuclide emissions.

104

ES.12 QUALITATIVE MULTIPATHWAY

EXPOSURE ASSESSMENT

The EPA recognizes that non-inhalation

exposure pathways could be important for additional

HAPs that are persistent and tend to bioaccumulate.

A few additional HAPs that were not modeled for

multipathway exposures are discussed below.

ES.12.1 Cadmium and Lead

Cadmium emissions from the vast majority of

plants (683 of the 684 plants) are estimated to pose

inhalation risks less than 10°, and the highest

modeled air concentration of lead was 200 times

below th

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Joint Appendix — Michigan v. Envtl. Prot. Agency, 135 S. Ct. 702 (2014) (No. 14-46) | Frix