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Statement of Rob Brenner 

Director, Office of Policy Analysis and Review 

U.S. Environmental Protection Agency

Public Hearing on the 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-CommercialInstitutional, and Small Industrial-Commercial-Institutional Steam Generating Units 

May 24, 2011, Philadelphia, PA 

Good morning and thank you for attending this public hearing. It is one of three hearings, the 

Environmental Protection Agency (EPA) is holding to take comment on our proposed emissions standards 

to control mercury and other air toxics from coal and oil fired power plants. We are holding a second 

hearing today in Chicago and will hold the third hearing on Thursday, May 26th in Atlanta. 

My name is Rob Brenner and I am the Director of EPA’s Office of Policy Analysis and Review. I will be 

chairing this hearing. Joining me on the panel are: Kathleen Cox, the Associate Director for Permits and 

Air Toxics in EPA’s Region 3 Office here in Philadelphia, Paul Versace, from EPA’s Office of General 

Counsel, and Kevin Culligan an Associate Division Director with EPA’s Office of Air Quality Planning 

and Standards. 

On March 16, 2011, the Environmental Protection Agency proposed mercury and air toxic standards for 

coal and oil fired power plants. These Clean Air Act standards would reduce significantly emissions of 

toxic air pollutants. Toxic air pollutants, also known as hazardous air pollutants or air toxics, are known or 

suspected of causing cancer and other serious health effects. In addition, EPA has proposed to revise 

Clean Air Act standards, known as new source performance standards, that would reduce emissions of 

particulate matter, sulfur dioxide, and nitrogen oxides from new coal and oil-fired power plants. 

Power plants emit mercury arsenic, chromium, nickel, organic air toxics, acid gases and other harmful air 

pollutants. They are the largest domestic source of mercury emissions to the air. Once mercury from the 

air reaches water, microorganisms can change it into methylmercury, a highly toxic form that builds up in 

fish. People are primarily exposed to mercury by eating contaminated fish. Children’s developing brains 
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are especially susceptible to damage from this exposure. The effects include reductions in their IQ and 

ability to learn. 

We estimate that by 2016, the proposed power plant mercury and air toxics standards would prevent 

6,800 – 17,000 premature deaths annually, as well as provide many other health and environmental 

benefits. The portion of these benefits that can be quantified total more than $59 to $140 billion dollars 

annually in 2016. These benefits far outweigh the estimated annual costs of $10.9 billion. Implementing 

these standards would also create good jobs for American workers building, installing, and operating the 

equipment to reduce health-threatening emissions. 

Since proposing this rule, EPA updated some of the mercury emissions data used to develop the proposed 

standards. We do not expect the update, which corrects a calculation error with a small amount of the data, 

to change the types of pollution controls necessary to comply with the rule – or its tremendous benefits for 

public health. We have made the corrected data available for public review on our website and in the 

docket assigned to this rulemaking. 

Currently, there are no existing federal requirements for power plants to limit their emissions of toxic air 

pollutants like mercury, arsenic and metals. The prior administration finalized a rule to cut mercury 

pollution from power plants but the D.C. Circuit Court struck down the rule as illegal and required EPA to 

develop standards that follow the law and the science in order to protect human health and the 

environment. 

Today we will be accepting oral comments on all aspects of our proposal. Written transcripts for all three 

hearings will be available as part of the official record for this rule, and EPA will consider them as we 

move forward to complete a final rule in November of this year. We are also accepting written comments 

for the proposed rule until July 5, 2011. There is a handout available in the registration area with detailed 

information for submitting written comments by mail, fax, or electronically. 

Now, let me describe the procedures for today’s hearing. 
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I will call the scheduled speakers to the microphone in pairs. When it is your turn to speak, please state 

your name and your affiliation before you begin your testimony. It will help our court reporter if you also 

spell your name. 

In order to be fair to everyone, please limit your testimony to 5 minutes each and remain at the 

microphone until both speakers in a pair have finished. After you finish your testimony, members of the 

panel may ask clarifying questions. If, in addition to the transcript of your testimony, you would also like 

the full text of your written comments included in the docket, please be sure to give a copy of your written 

comments to our staff at the registration table. 

We have a timekeeping system consisting of green, yellow, and red lights. When you begin speaking, the 

green light will come on. You will have 5 minutes to speak. The yellow light will signal that you have 

2 minutes left to speak. When the red light comes on, 5 minutes has passed and I will ask you to complete 

your testimony. 

Today’s hearing is scheduled from 9 a.m. and will continue until 8 p.m., or later if necessary depending on 

the number of speakers. The hearing will go on recess during the scheduled lunch break from 12:30 p.m. 

until 2:00 p.m. and a dinner break from 5 p.m. until 6:30 p.m. We will reconvene promptly at 2:00 p.m. 

and 6:30 p.m., respectively. We intend to stay into the evening until everyone has an opportunity to 

comment. If you would like to testify but have not yet registered to do so, please sign up at the registration 

table. For those who have already registered to speak, we have tried to accommodate your requests for 

specific time slots. We ask for your patience as we proceed through the list of speakers. We may need to 

make some adjustments as the day progresses. 

Thank you all again for participating today. Let’s get started. 
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FACT SHEET

PROPOSED MERCURY AND AIR TOXICS STANDARDS

ACTION

On March 16, 2011, the Environmental Protection Agency (EPA) issued a proposed rule that

would reduce emissions of toxic air pollutants from power plants. Specifically, the proposal 

would reduce emissions from new and existing coal- and oil-fired electric utility steam 

generating units (EGUs).

o EPA is also proposing to revise the new source performance standards (NSPS) for 

fossil-fuel-fired EGUs. This NSPS would revise the standards new coal- and oil-fired 

power plants must meet for particulate matter (PM), sulfur dioxide (SO2), and 

nitrogen oxides (NOx).

The proposed toxics rule would reduce emissions of heavy metals, including mercury (Hg), 

arsenic, chromium, and nickel, and acid gases, including hydrogen chloride (HCl) and 

hydrogen fluoride (HF). These toxic air pollutants, also known as hazardous air pollutants or 

air toxics, are known or suspected of causing cancer and other serious health effects.

Power plants are the largest source of mercury emissions to the air. Once mercury from the 

air reaches water, microorganisms can change it into methylmercury, a highly toxic form that 

builds up in fish. People are primarily exposed to mercury by eating contaminated fish. 

o Methylmercury exposure is a particular concern for women of childbearing age, 

unborn babies, and young children because studies have linked high levels of 

methylmercury to damage to the developing nervous system. This damage can impair 

children’s ability to think and learn.

o Mercury and other power plant emissions also damage the environment and pollute

our nation's lakes, streams, and fish.

Other toxic metals emitted from power plants, such as arsenic, chromium and nickel can 

cause cancer. Reducing toxic power plant emissions will also cut fine particle pollution and 

prevent thousands of premature deaths and tens of thousands of heart attacks, bronchitis 

cases and asthma episodes.

As part of this rulemaking, EPA is also proposing monitoring changes and other minor 

amendments to the industrial, commercial, and institutional steam generating units (i.e., 

boilers) NSPS, but does not propose to amend those emission standards.

EPA will take public comment on this action for 60 days following publication of the 

proposal in the Federal Register. 

o EPA will hold public hearings on the proposal in Atlanta, GA, Chicago, IL, and 

Philadelphia, PA. Details on the timing and location for those hearings will be made 

available soon in a separate Federal Register notice and posted at 

http://www.epa.gov/airquality/powerplanttoxics/
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AFFECTED SOURCES

The mercury and air toxics standards will affect EGUs that burn coal or oil for the purpose of 

generating electricity for sale and distribution through the national electric grid to the public

are affected by this rule.

o These include investor-owned units as well as units owned by the Federal 

government, municipalities, and cooperatives that provide electricity for commercial, 

industrial, and residential uses.

o EPA has identified two different subcategories of coal-fired EGUs, two different 

subcategories of oil-fired EGUs, and a subcategory for units that combust gasified 

coal or solid oil (Integrated gasification and combined cycle (IGCC) units) based on 

the design of the various types of boilers at different power plants. The proposed air 

toxics rule includes emission standards and other requirements for each subcategory.

EPA estimates that there are approximately 1,350 units affected by this action. 

Approximately 1,200 existing coal-fired units and 150 oil fired units at about 525 

power plants.

The NSPS will affect boilers that burn fuels, including coal, oil, or natural gas to produce 

steam. The steam is used to produce electricity or provide heat.

o Boilers are used at industrial facilities (e.g., refineries, chemical and manufacturing 

plants, and paper mills), commercial establishments (e.g., stores/malls, laundries, 

apartments, restaurants, hotels/motels), and institutional facilities (e.g., medical 

centers, educational and religious facilities, and municipal buildings).

REQUIREMENTS

For all existing and new coal-fired EGUs, the proposed standards would establish numerical 

emission limits for mercury, PM (a surrogate for toxic non-mercury metals), and HCl (a 

surrogate for toxic acid gases).

For all existing and new oil-fired EGUs, the proposed toxics rule would establish numerical 

emission limits for total metals, HCl, and HF. Compliance with the metals standards is 

through fuel testing.

The proposal would establish alternative standards, including SO2 (as an alternate to HCl), 

individual non-mercury metal air toxics (as an alternate to PM), and total non-mercury metal 

air toxics (as an alternate to PM) for certain subcategories of power plants.

A range of widely available, technical and economically feasible practices, technologies, and 

compliance strategies are available to power plants to meet the emission limits, including wet 

and dry scrubbers, dry sorbent injection systems, activated carbon injection systems, and 

baghouses.
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The proposed standards would establish work practices, instead of numerical emission limits, 

to limit emissions of organic air toxics, including dioxin/furan, from existing and new coaland oil-fired power plants. Because dioxins and furans form from inefficient combustion, the 

proposed work practice standards would require an annual performance test program for each 

EGU that would include inspection, adjustment, and/or maintenance and repairs to ensure 

optimal combustion.

The proposed revisions to the NSPS would include revised numerical EGU emission limits 

for PM, SO2, and NOX.

BENEFITS AND COSTS

Power plants are the largest source of several harmful pollutants. They are responsible for 50

percent of mercury emissions, over 50 percent of acid gas emissions, and about 25 percent of 

toxic metal emissions in the United States. 

o Coal-fired power plants are responsible for 99 percent of mercury emissions and the 

bulk the other pollutants from the power sector. 

o EPA expects that dozens of coal-fired plants already meet at least some part of the 

proposed standards, however, about 44 percent of all coal-fired plants lack advanced 

pollution control equipment.

The updated standards will provide certainty and level the playing field so that all power 

plants will have to limit their toxic emissions – ultimately preventing 91 percent of the 

mercury in burned coal from being emitted into the air. The rule provides up to 4 years for 

facilities to meet the standards. 

EPA did not estimate the benefits associated with reducing exposure to air toxics or other air 

pollutants, ecosystem effects, or visibility impairment. However, the proposed toxics rule 

would cut emissions of pollutants that are of particular concern for children. Mercury and 

lead can adversely affect developing brains – including effects on IQ, learning, and memory.

In addition to the benefits of reducing exposure to air toxics, these standards would reduce 

concentrations of fine particles (PM2.5) in our air. This will significantly improve public 

health by preventing hundreds of thousands of illnesses and thousands of premature deaths 

each year. 

In 2016, these proposed rules would avoid:

6,800 – 17,000 premature deaths,

4,500 cases of chronic bronchitis,

11,000 nonfatal heart attacks,

12,200 hospital and emergency room visits,

11,000 cases of acute bronchitis,

220,000 cases of respiratory symptoms,

850,000 days when people miss work,

120,000 cases of aggravated asthma, and 

5.1 million days when people must restrict their activities
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EPA estimates the health benefits associated with reduced exposure to fine particles are $59

billion to $140 billion in 2016 (2007$).

EPA estimates the total national annual cost of this rule will be $10.9 billion in the year 

2016. 

EPA anticipates that the proposed toxics rule may have a significant economic impact on 

small entities. Thus, as required by section 609(b) of the Regulatory Flexibility Act (RFA) 

as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 

we conducted outreach to small entities and convened a Small Business Advocacy Review 

(SBAR) Panel to obtain advice and recommendations from representatives of the small 

entities that potentially would be subject to the requirements of the proposed toxics rule.

EPA also consulted with State, local, and tribal officials in the process of developing the 

proposed toxics rule to permit them to have input into its development.

BACKGROUND

On December 20, 2000, EPA made a determination under the Clean Air Act that it was 

appropriate and necessary to regulate coal- and oil-fired EGUs under CAA section 112 and 

added such units to the CAA section 112(c) list (112 list) of sources that must be regulated. 

On January 30, 2004, EPA proposed section 112 standards for Hg emissions from coal-fired 

EGUs and nickel (Ni) emissions from oil-fired EGUs, and, in the alternative, proposed to 

remove EGUs from the 112 list based on a finding that it was neither appropriate nor 

necessary to regulate EGUs under this section of the Clean Air Act. On March 29, 2005, 

EPA issued a final revision of the appropriate and necessary finding for coal- and oil-fired 

EGUs and removed such units from the 112 list. EPA never finalized the proposed section 

112 standards for Hg and Ni.

The removal of EGUs from the 112 list was challenged in court. On February 8, 2008, the 

court determined that EPA violated the CAA by removing EGUs from the 112 list. As a 

result, EGUs remain a CAA section 112(c) listed source category.

In response to the D.C. Circuit Court’s vacatur, EPA is proposing section 112 air toxics 

standards for all coal- and oil-fired EGUs that reflect the application of the maximum 

achievable control technology (MACT) consistent with the requirements of the CAA.

This proposed toxics rule would regulate units at both major and area sources. Major sources 

are those that have the potential to emit 10 tpy or more of any one air toxic or 25 tpy or more 

of any combination of air toxics.

In accordance with a Consent Decree, the EPA Administrator must sign a final section 112 

rule by November 16, 2011.

On February 27, 2006, EPA promulgated amendments to the NSPS for PM, SO2, and NOX
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contained in the standards of performance for EGUs. EPA was subsequently sued on the 

amendments and on September 2, 2009, was granted a voluntary remand without vacatur of 

the 2006 amendments. The proposed revisions to the NSPS are in response to that voluntary 

remand.

HOW TO COMMENT 

EPA will accept comment on the proposal until July 5, 2011. Comments on the proposed 

toxics rule should be identified by Docket ID No. EPA-HQ-OAR-2009-0234. Comments 

on the proposed NSPS revisions should be identified by Docket ID No. EPA-HQ-OAR2011-0044. All comments may be submitted by one of the following methods:

o www.regulations.gov: Follow the on-line instructions for submitting comments. 

o E-mail: Comments may be sent by electronic mail (e-mail) to a-and-rDocket@epa.gov.

o Fax: Fax your comments to: 202-566-1741.

o Mail: Send your comments to: Air and Radiation Docket and Information Center, 

Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW, 

Washington, DC, 20460. 

o Hand Delivery or Courier: Deliver your comments to: EPA Docket Center, Room 

3334, 1301 Constitution Ave., NW, Washington, DC, 20460. Such deliveries are 

only accepted during the Docket’s normal hours of operation, and special 

arrangements should be made for deliveries of boxed information. 

FOR MORE INFORMATION

The proposed rules are posted at: 

http://www.epa.gov/airquality/powerplanttoxics/actions.html. 

Today’s proposed rules and other background information are also available either 

electronically at http://www.regulations.gov, EPA’s electronic public docket and comment 

system, or in hardcopy at the EPA Docket Center’s Public Reading Room.

o The Public Reading Room is located in the EPA Headquarters Library, Room 

Number 3334 in the EPA West Building, located at 1301 Constitution Ave., NW, 

Washington, DC. Hours of operation are 8:30 a.m. to 4:30 p.m. eastern standard time, 

Monday through Friday, excluding Federal holidays.

o Visitors are required to show photographic identification, pass through a metal 

detector, and sign the EPA visitor log. All visitor materials will be processed through 

an X-ray machine as well. Visitors will be provided a badge that must be visible at all 

times.

o Materials for the proposed toxics rule can be accessed using Docket ID No. EPA-HQOAR-2009-0234.

o Materials for the proposed NSPS revisions can be accessed using Docket ID No. 

EPA-HQ-OAR-2011-0044.
Proposed Amendments to 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 

Public Hearing Procedures 

Philadelphia, PA 

Tuesday, 24 May 2011

The public hearing will begin at 9 AM and continue until 8 PM or later, if needed.

If you have pre‐registered to speak, please sign‐in at the registration table. We have tried to

accommodate for specific time slots. We ask for your patience as we proceed through the list. We may

need to make some minor adjustments as the day progresses.

If you would like to testify but did not pre‐register, please sign up at the registration table. We will make

every effort to work you in as soon as possible.

The EPA Hearing Officer will call the scheduled speakers to the microphone in pairs. Please remain at the

microphone until you and the other person in your pair have finished speaking.

You will have a maximum of 5 minutes to present your testimony. A speaker timer consisting of green,

yellow, and red lights will be used. You may begin speaking when the timer light is green. Please state

your name and your affiliation. It will help our court reporter if you also spell your name. The yellow

light will signal that you have 2 minutes left to speak. You will be asked to stop speaking when the red

light comes on. After you finish your testimony, the panel members may ask clarifying questions.

If you have written copies of your statement, you may submit them to the staff at the registration

table.

A lunch break is scheduled between 12:30 and 2:00 PM. Dinner break is scheduled between 5:00 and

6:30 PM.

The public hearing will be transcribed and each speaker’s oral testimony will become part of the official

record.

Please let us know if we can assist you in any way.
HOW TO COMMENT 

ON THE PROPOSED MERCURY AND AIR TOXICS STANDARDS

On March 16, 2011, the Environmental Protection Agency (EPA) issued a proposed rule that 

would reduce emissions of toxic air pollutants from power plants. Specifically, the proposal 

would reduce emissions from new and existing coal- and oil-fired electric utility steam 

generating units (EGUs). 

o EPA is also proposing to revise the new source performance standards (NSPS) for 

fossil-fuel-fired EGUs. This NSPS would revise the standards new coal- and oil-fired 

power plants must meet for particulate matter (PM), sulfur dioxide (SO2), and 

nitrogen oxides (NOx).

These proposed rules were published in the Federal Register on May 3, 2011.

EPA will accept comment on the proposal until July 5, 2011. Comments on the proposed 

mercury and air toxics standards should be identified by Docket ID No. EPA-HQ-OAR2009-0234. Comments on the proposed NSPS revisions should be identified by Docket ID 

No. EPA-HQ-OAR-2011-0044. All comments may be submitted by one of the following 

methods: 

o www.regulations.gov: Follow the on-line instructions for submitting comments. 

o E-mail: Comments may be sent by electronic mail (e-mail) to a-and-rDocket@epa.gov.

o Fax: Fax your comments to: 202-566-1741.

o Mail: Send your comments to: Air and Radiation Docket and Information Center, 

Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW, 

Washington, DC, 20460. 

o Hand Delivery or Courier: Deliver your comments to: EPA Docket Center, Room 

3334, 1301 Constitution Ave., NW, Washington, DC, 20460. Such deliveries are 

only accepted during the Docket’s normal hours of operation, and special 

arrangements should be made for deliveries of boxed information.