15A NCAC 02D .2509. PERIODIC REVIEW AND REALLOCATIONS

(a)  In 2010 and every five years thereafter, the Environmental Management Commission shall review the emission allocations of Hg units covered under Rules .2503 of this Section and new Hg units covered under this Section that have been permitted but are not named in Rule .2503 of this Section and decide if any revisions are needed. In making this decision the Environmental Management Commission shall consider the following:

(1)           the size of the allocation pool for new Hg unit growth under Rule .2508 of this Section;

(2)           the amount of emissions from Hg units receiving allocations under Rule .2508 of this Section;

(3)           the amount of emissions allocations available through the trading program under Rule .2510 of this Section;

(4)           the impact of reallocation on existing Hg units;

(5)           the impact of reallocations on Hg units receiving allocations under Rule .2508 of this Section;

(6)           impact of future growth; and

(7)           other relevant information on the impacts of reallocation.

(b)  The Division of Air Quality shall report to the Commission in July 2008 and July 2012. Each report shall provide the Commission and public updated information on the regulation of mercury emissions. The 2008 report shall include the information under Subparagraphs (1) through (12) of this Paragraph, where available. The 2012 report shall include all the following information:

(1)           actual emissions from units covered under this Section since 2010 and all other principal sources of mercury;

(2)           estimates of the amounts of the different species of mercury being emitted;

(3)           a mercury balance for North Carolina, including imported, exported, and in-state mercury emissions and the fate and transport of mercury in the air and waters of the State;

(4)           projected mercury emissions for 2015, 2018, 2023, and 2025;

(5)           the amount of new source growth and projected new units growth through 2025;

(6)           the state of mercury control technology, including technological and economic feasibility;

(7)           an assessment of cost and performance of mercury control technology as it may be applied to uncontrolled sources of mercury in North Carolina, including both coal-fired electric steam generating units and other sources that emit mercury and including an assessment of technology used to satisfy requirements of the Clean Smokestacks Act (G.S. 143-215.107D) and other requirements for controlling nitrogen oxide and sulfur dioxide emissions.

(8)           a recommendation of mercury control technology, including the cost and expected reductions in mercury;

(9)           results of studies and monitoring on mercury and its species in fish in North Carolina, including an evaluation of the impact of reduced mercury emissions from coal-fired power plants on the levels of mercury observed in fish tissue;

(10)         a summary of mercury-related health problems in North Carolina, including accumulation of mercury in humans, toxicity, and mercury exposures from non-air emitting sources; and

(11)         results of studies on mercury deposition, applying monitoring techniques, back trajectory analysis, source attribution methodology, and any other relevant  methodologies to assess the role of coal-fired units in North Carolina deposition.

(12)         recommendations, if any, on rule revisions.

(c)  Based on the 2012 report, the Commission shall review mercury control requirements and decide if any rule changes are needed.

(d)  Any changes made as a result of the review under Paragraph (a) or report under Paragraph (b) of this Section shall be made through rulemaking.

(e)  The Director shall report to the Commission in 2018 and 2023 on the state of mercury control technology, including the mercury removal efficiency of available technology, the cost of installation and operation, and changes in fish tissue concentrations.

 

History Note:        Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.