House File 2273
HOUSE FILE
BY SHOULTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to mercury emissions for certain coal combustion
2 electrical generators.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6047YH 80
5 tm/gg/14
PAG LIN
1 1 Section 1. Section 455B.131, Code 2003, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 0A. "Affected unit" means any emissions
1 4 unit that generates electricity in the state and combusts coal
1 5 in an amount greater than ten percent of its total heat input
1 6 on a rolling twelve=month basis.
1 7 NEW SUBSECTION. 3A. "Alternative emissions limit" means a
1 8 mercury emissions limit established by the commission for an
1 9 affected unit.
1 10 NEW SUBSECTION. 4A. "Calendar quarter" means the calendar
1 11 periods each year beginning January 1 and ending March 31,
1 12 beginning April 1 and ending June 30, beginning July 1 and
1 13 ending September 30, and beginning October 1 and ending
1 14 December 31.
1 15 NEW SUBSECTION. 6A. "Fluidized bed combustion unit" means
1 16 a combustion unit in which fuel is introduced into a layer of
1 17 solid particles kept in turbulent motion by air that is forced
1 18 into the layer from below, resulting in a thorough mixing and
1 19 intimate contact of the fuel and other reactants.
1 20 NEW SUBSECTION. 6B. "Inlet conditions" means the
1 21 concentration of mercury in the flue gas exiting the
1 22 combustion source prior to application of any air pollution
1 23 control device or, in the case of a fluidized bed combustion
1 24 unit, the concentration of mercury input to the combustion
1 25 source based on representative fuel sampling and analysis, as
1 26 determined by the commission.
1 27 NEW SUBSECTION. 7A. "Mercury" means mercury and mercury
1 28 compounds in either a gaseous or particulate form.
1 29 Sec. 2. Section 455B.133, Code 2003, is amended by adding
1 30 the following new subsection:
1 31 NEW SUBSECTION. 11. On or before July 1, 2012, the
1 32 commission shall conduct a review of the mercury emissions
1 33 limits applicable to all affected units in the state. On or
1 34 after July 1, 2012, the commission may adopt rules imposing
1 35 mercury emissions limits that are more stringent than the
2 1 emissions requirements provided in section 455B.133A.
2 2 Sec. 3. NEW SECTION. 455B.133A MERCURY EMISSIONS FROM
2 3 ELECTRICITY GENERATION UNITS.
2 4 1. a. On and after July 1, 2008, the owner or operator of
2 5 an affected unit shall do one of the following as determined
2 6 by the owner or operator of the affected unit:
2 7 (1) Meet an emissions rate of equal to or less than six=
2 8 tenths pounds of mercury per one trillion British thermal
2 9 units of heat input.
2 10 (2) Meet a mercury emissions rate equal to a ninety
2 11 percent reduction of mercury from the measure inlet conditions
2 12 for the affected unit.
2 13 b. Compliance with the requirements of this subsection
2 14 shall be demonstrated in accordance with the provisions of
2 15 subsection 3.
2 16 2. a. If the owner or operator of an affected unit
2 17 properly installs and operates control technology designed to
2 18 achieve the mercury emissions rate requirement of subsection
2 19 1, and such technology fails to achieve the emissions rate,
2 20 the owner or operator shall notify the department of such
2 21 failure not later than February 2, 2009. The owner or
2 22 operator shall submit each quarterly stack test from the
2 23 affected unit to the department for evaluation and
2 24 establishment of an alternative emissions limit for the
2 25 affected unit based upon the optimized performance of the
2 26 properly installed and operated control technology. The
2 27 department shall establish an alternative emissions limit for
2 28 any such affected unit not later than April 1, 2010.
2 29 b. Upon the establishment of an alternative emissions
2 30 limit for an affected unit pursuant to paragraph "a", the
2 31 department shall incorporate the alternative emissions limit
2 32 into the air permit required under Title V of the federal
2 33 Clean Air Act for the affected unit. Thereafter, upon any
2 34 application for renewal of such permit, the department shall
2 35 conduct a review of the affected unit's alternative emissions
3 1 limit and may impose a more stringent alternative emissions
3 2 limit based upon any new data regarding the demonstrated
3 3 control capabilities of the type of control technology
3 4 installed and operated at such affected unit.
3 5 c. If the owner or operator of an affected unit properly
3 6 installs and operates control technology designed to achieve
3 7 the mercury emissions rate requirement established in
3 8 subsection 1, but the technology fails to achieve the
3 9 emissions requirement, and the owner or operator notifies the
3 10 department of such failure not later than February 1, 2009,
3 11 the owner or operator of the affected unit shall demonstrate
3 12 compliance with the requirements of subsection 1 for the
3 13 period beginning July 1, 2008, and ending on the date of the
3 14 issuance of an alternative emissions limit by operating and
3 15 maintaining the affected unit, including any associated air
3 16 pollution control equipment, in a manner consistent with good
3 17 air pollution control practices for minimization of mercury
3 18 emissions, as determined by the department. In determining
3 19 whether the owner or operator of the affected unit is
3 20 operating and maintaining the affected unit in a manner
3 21 consistent with good air pollution control practices for the
3 22 minimization of mercury emissions, the department may review
3 23 the emissions monitoring results and operating and maintenance
3 24 procedures of the affected unit and may inspect the affected
3 25 unit.
3 26 3. a. Any stack test used to demonstrate compliance with
3 27 the mercury emissions rate requirements of subsection 1 or
3 28 used in the establishment or compliance with an alternative
3 29 emissions limit shall be based on the average of the stack
3 30 tests conducted during the two most recent calendar quarters
3 31 for an affected unit and shall be conducted on a calendar
3 32 quarter basis in accordance with method 29 of the United
3 33 States environmental protection agency for the determination
3 34 of metal emissions from stationary sources, as set forth in 40
3 35 C.F.R. } 60, appendix A, as amended, or any other alternative
4 1 method approved by the United States environmental protection
4 2 agency or the department. The stack tests shall be conducted
4 3 while combusting coal or coal blends that are representative
4 4 of the coal or coal blends combusted at the affected unit
4 5 during the calendar quarter represented by the stack test.
4 6 b. If the department determines that continuous emission
4 7 monitors for mercury in flue gases are commercially available
4 8 and can perform in accordance with national institute of
4 9 technology standards, or other methodology approved by the
4 10 United States environmental protection agency, the owner or
4 11 operator of an affected unit shall properly install and
4 12 operate the continuous emission monitors and shall not be
4 13 required to conduct stack testing on a calendar quarter basis.
4 14 When reporting compliance with the mercury emissions rate
4 15 requirement of subsection 1 or 2, as applicable, the owner or
4 16 operator of an affected unit shall use an average of the
4 17 continuous emission monitor data recorded at the affected unit
4 18 during the most recent calendar quarter.
4 19 4. The owner or operator of an affected unit shall, for
4 20 each calendar quarter, report to the department the results of
4 21 any stack test or average of the continuous emission monitor
4 22 data, as applicable, used to demonstrate compliance with the
4 23 provisions of this section. The reports shall be submitted on
4 24 such forms as may be prescribed by the department.
4 25 5. The provisions of this section, when implemented by the
4 26 department, shall not suspend any underlying procedures or
4 27 requirements as set forth in this chapter.
4 28 EXPLANATION
4 29 This bill relates to mercury emissions for certain coal
4 30 combustion electrical generators.
4 31 The bill provides that, on or before July 1, 2012, the
4 32 environmental protection commission shall conduct a review of
4 33 the mercury emissions limits applicable to all affected units
4 34 in the state. The bill provides that, on or after July 1,
4 35 2012, the environmental protection commission may adopt rules
5 1 imposing mercury emissions limits that are more stringent than
5 2 the emissions requirements provided for in this bill for the
5 3 time prior to July 1, 2012. The bill provides that an
5 4 "affected unit" means any emissions unit that generates
5 5 electricity in the state and combusts coal in an amount
5 6 greater than 10 percent of its total heat input on a rolling
5 7 12=month basis.
5 8 The bill provides that, on and after July 1, 2008, the
5 9 owner or operator of an affected unit shall do one or more of
5 10 the following as determined by the owner or operator of the
5 11 affected unit:
5 12 1. Meet an emissions rate of equal to or less than six=
5 13 tenths pounds of mercury per one trillion British thermal
5 14 units of heat input.
5 15 2. Meet a mercury emissions rate equal to a 90 percent
5 16 reduction of mercury from the measure inlet conditions for the
5 17 affected unit.
5 18 The bill provides that, if the owner or operator of an
5 19 affected unit properly installs and operates control
5 20 technology designed to achieve these mercury emissions rate
5 21 requirements of the bill and such technology fails to achieve
5 22 the emissions rate, the owner or operator shall notify the
5 23 department of natural resources of such failure not later than
5 24 February 2, 2009. The bill provides that the owner or
5 25 operator shall submit each quarterly stack test from the
5 26 affected unit to the department for evaluation and
5 27 establishment of an alternative emissions limit for the
5 28 affected unit based upon the optimized performance of the
5 29 properly installed and operated control technology. The bill
5 30 provides that the department shall establish an alternative
5 31 emissions limit for any such affected unit not later than
5 32 April 1, 2010.
5 33 The bill provides that, upon the establishment of an
5 34 alternative emissions limit, the department shall incorporate
5 35 the alternative emissions limit into the air permit required
6 1 under Title V of the federal Clean Air Act for the affected
6 2 unit. The bill provides that, upon any application for
6 3 renewal of such permit, the department shall conduct a review
6 4 of the affected unit's alternative emissions limit and may
6 5 impose a more stringent alternative emissions limit.
6 6 The bill provides that, if the owner or operator of an
6 7 affected unit properly installs and operates control
6 8 technology designed to achieve the mercury emissions rate
6 9 requirements of the bill, but the technology fails to achieve
6 10 the emissions requirement, and the owner or operator notifies
6 11 the department of such failure not later than February 1,
6 12 2009, the owner or operator of the affected unit shall
6 13 demonstrate compliance with the mercury emissions rate
6 14 requirements for the period beginning July 1, 2008, and ending
6 15 on the date of the issuance of an alternative emissions limit
6 16 by operating and maintaining the affected unit, including any
6 17 associated air pollution control equipment, in a manner
6 18 consistent with good air pollution control practices for
6 19 minimization of mercury emissions, as determined by the
6 20 department.
6 21 The bill provides that any stack test used to demonstrate
6 22 compliance with the mercury emissions rate requirements of
6 23 this bill or used in the establishment or compliance with an
6 24 alternative emissions limit shall be based on the average of
6 25 the stack tests conducted during the two most recent calendar
6 26 quarters for an affected unit and shall be conducted on a
6 27 calendar quarter basis in accordance with certain federal
6 28 procedures or any other alternative method approved by the
6 29 United States environmental protection agency or the
6 30 department.
6 31 The bill provides that, if the department determines that
6 32 continuous emission monitors for mercury in flue gases are
6 33 commercially available and can perform in accordance with
6 34 national institute of technology standards, or other
6 35 methodology approved by the United States environmental
7 1 protection agency, the owner or operator of any affected unit
7 2 shall properly install and operate the continuous emission
7 3 monitors and shall not be required to conduct stack testing on
7 4 a calendar quarter basis.
7 5 The bill provides that the owner or operator of any
7 6 affected unit shall, for each calendar quarter, report to the
7 7 department the results of any stack test or average of the
7 8 continuous emission monitor data, as applicable, used to
7 9 demonstrate compliance with the provisions of the bill.
7 10 LSB 6047YH 80
7 11 tm/gg/14