Facts

Facts and Issues Overview

In September of 2005, the Montana Environmental Information Center (MEIC), National Wildlife Federation, Montana Public Interest Research Group and others petitioned the state of Montana to adopt alternative mercury emission limits in lieu of adopting the federal Clean Air Mercury Rule (CAMR).  The MEIC proposal sought to control 90% of the mercury emissions.  The Montana Department of Environmental Quality (DEQ) later proposed not only reducing overall percentages of emissions but also implementing strict numerical limits as well as eliminating crucial “cap and trade” provisions by the year 2015.  After learning that the EPA would likely not approve the plan, DEQ suggested revisions that would keep the federal “cap and trade” provisions while setting overly burdensome numeric limits on emissions allowed by individual plants.  There have been several amendments proposed since the public hearings took place and the comment period ended.

Why Are Changes Necessary

On May 18, 2005, the Environmental Protection Agency (EPA) adopted the Clean Air Mercury Rule (CAMR) for electric utility steam generating units (EGUs).  CAMR requires a 70% reduction in mercury emissions from U.S. power plants by 2018.  By November 2006, Montana must either adopt the federal CAMR rule or adopt a rule that will comply with EPA regulations.

Background Information

• Mercury is a global issue
• EPA estimates that 92% of mercury deposited in the U.S. comes from non-U.S. sources.
• Only 1% of global mercury emissions come from U.S. power plants.
• Completely eliminating mercury emissions from Montana power plants would have a negligible effect on total mercury deposited in Montana.
• Montana must not be put at a disadvantage Montana in its efforts to compete successfully with neighboring coal states like WY and ND where CAMR is or has been adopted.
• Interstate Cap & Trade must be allowed for new development as well as existing facilities.
• Montana has 20% of the nation's coal reserves but only 1% of the mercury allowances (as allocated by EPA). (We need the ability to trade or a whole lot of Montana coal is stranded.)