STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

JAMES E. RISCH, GOVERNOR 

TONI HARDESTY, DIRECTOR 

1410 NORTH HILTON. BOISE, IDAHO 83706· (208) 373-0502 

April 16, 2007 

Elin Miller, Regional Administrator 


MS RA 140 


U.S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, WA 98101 


Re: State Implementation Plan Rule Revisions: jIII-efC-V''/ (r,P!,,'!:>';'''''' Ar'"d- (V"'q-lVc1 1 

U" 

0-+ E &- IA. s ti:; J pf:A('J " " 4tJ CFg &0 2'l 

Dear Ms. Miller: 

Enclosed for your review and approval are an original and four copies of revisions to the 

Department of Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, 

IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval of the 

following revisions as an update to the contents of the Idaho State Implementation Plan (SIP), 

40 CFR, Part 52, Subpart N: 

IDAPA Docket 58-0101-0601 - Regional Haze 

IDAPA Docket 58-0101-0602 - Annual Incorporation by Reference (2006) 

IDAPA Docket 58-0101-0603 - Prohibition Against Construction of EGUs as defined in 40 CFR 

60.24 

These revisions to the state rules were promulgated pursuant to the Environmental Protection 

and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ 

Deputy Attorney General was obtained at appropriate times throughout the rulemaking process. 

Rule adoption was made in accordance with the requirements of the federal Clean Air Act and 

applicable federal regulations. None of the revisions included in this submittal reflect a reduction 

in emission limits. 

As a follow-up to previous submittals, DEQ forwarded the following rule changes to EPA on May 

22, 2003, April 2, 2004, July 13, 2005 and May 5, 2006 for inclusion in the Idaho SIP. We 

understand these documents will be reviewed by your staff in the future. We mention these 

dockets here only for purposes of ensuring previous submittals do not slip from the SIP priority 

list. . 

Docket 58-0101-0102 - Soil Vapor Extraction 


Docket 58-0101-0103 - (a) Hospital/Medical/Infectious Waste Incinerators, and 


- (b) Annual Incorporation by Reference (2001) 

Docket 58-0101-0002 - Nonmetallic Mineral Processing 

Docket 58-0101-0202 - (a) Permitting Clarification, and (b) Annual Incorporation by 

Reference (2002) 
Elil1 Miller, EPA Regional Administrator 


April 16, 2007 


Page 2 


Docket 58-0101-0301 - Annual Incorporation by Reference (2003) 

Docket 58-0101-0304 - New Source Review 

Docket 58-0101-0401- Permit to Construct Exemptions 

Docket 58-0101-0402 - Annual Incorporation by Reference (2004) 

Docket 58-0101-0503 - Regulated Air Pollutants 

Docket 58-0101-0505 - Annual Incorporation by Reference (2005) 

Docket 58-0101-0506 - Baseline Actual Emissions; Procedure for Transfer of PTC and Tier II Permits 

Docket 58-0101-0507 -- PTC Exemptions 

Docket 58-0101-0508 - Facility Emissions Cap 

If you or your staff have questions concerning any of these rules, please contact Martin Bauer, 

Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staff are available to 

provide assistance to ensure Idaho's SIP is updated as soon as possible. 

Sincerely, 

~I<=---

Toni Hardesty 


Director 


TH/ph 

.­ Enclosures 

c: Martin Bauer, DEQ 

.­
· '" 

STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY -

1410 NORTH HILTON • BOISE, IDAHO 83706 • (208) 373-0502 JAMES E. RISCH, GOVERNOR 

TONI HARDESTY, DIRECTOR 

AMENDMENT TO THE RULES FOR THE CONTROL OF 


AIR POLLUTION IN IDAHO 


Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I 

hereby submit am~!ndments to the Rules for the Control of Air Pollution in Idaho (Air Rules). 

IDAPA 58.01.01, as edited in the attachments, as a revision to Appendix A.3 ofthe 

Implementation Plan for the Control of Air Pollution in the State of Idaho (Idaho SIP). The 

changes being submitted were adopted as pending by the Board of Environmental Quality and 

approved by the Ictaho Legislature as indicated in the attachment. 

DATED this 16th day of April, 2007. 

Toni Hardesty 

Director 

-

-

IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0603 

NOTICE OF RULEMAKING - PROPOSED RULE 

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has 

proposed rulemaking. The action is authorized by Sections 39-105 and 39-107, Idaho Code. 

PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rulemaking will be held as follows: 

November 3, 2006, 3 p.m. 


Department of Environmental Quality Conference Center 


1410 N. HUton, Boise, Idabo. 


The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later 

than five (5) days prior to the hearing. For arrangements, contact the undersigned at (208) 373-0418. 

DESCRIPTIVE SUMMARY: Federal law requires the state of Idaho to submit a plan to ErA by November 17. 

2006, that (l) ensures the state meets its Annual Coal Fired Electric Utility Steam Generating Unit (EGU) Mercury 

(Hg) budget for the appropriate periods; and (2) requires EGUs to comply with various monitoring, recordkeeping 

ana reporting provisions. 40 CFR 6O.24(h). 

As part of the plan, DEQ proposes a rule to opt out of, or not participate in, the federal cap and trade program fnr Hg 

emissions from EGUs, codified at 40 CFR Part 60, Subpart HHHH. Additionally, to meet the state of Idaho's zero 

budget, DEQ proposes a rule that prohibits the construction ofany EGU with Hg emissions. 

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality in November 2006 for adoption of a pending rule. The rule is expected to be final and effective upon the 

conclusion ofthe 2007 session ofthe Idaho Legislature ifadopted by the Board and approved by the Legislature. 

FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state 

general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A 

IDAHO CODE SECTION 39-107D STATEMENT: This proposed rule does not regulate an activity not regulated 

by the federal government, nor is it broader in scope or more stringent than feder~l regulations. 

NEGOTIATED RULEMAKING: Negotiated rulemaking was not initiated because the rulemaking schedule did not 

allow for the timing ofit. 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at 

www.deq.idaho.gov. 

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208) 373-0440, 

martin.bauer@deq.idaho.gov. 

Anyone may submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before November 3, 2006. 

DATED this 24th day ofAugust, 2006. 

Paula 1. Wilson 

Hearing Coordinator 

Department ofEnvironmental Quality 

Idabo Administrative BuUetin PageS97 October 4, 2006 - Vol. 06-10 
-


DEPARTMENT OF ENVIROMENTAL QUALITY Docket No. 58-0101-0603 


Rules fo, the Control ofAI,Pollution In Idaho Proposed Rule 


1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-04181Fax No. (208)373-0481 

paula.wilson@deq.idaho.gov 

THE FOLLOWING IS THE TEXT OF DOCKET 58-0101·0603 

182. -1991• (RESERVED). 

.122& ELECTRIC GENERATING UNIT CONSTRUCTION PROHIBITION. 

No owner or operator shaD construct or operate an Electric Generating Unit (EGm. as defined in 40 CFR 60.24. with 

il potential to emit mercury (Hil emissions. L-l 

-

Idaho Administrative BuUetin Page 598 October 4,2006 - VoL 06-10 

LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air Pollution in Idaho 


Docket Number 58-0101-0603 


Deadline for Comment: November 3, 2006 


-

Submitted By Date Received 

Katharine Gerrity, Legal Analyst September 13,2006-

Legislative Services Office Letter to OEQ 

State Capitol 

Boise, 10 83720-0054 August 28, 2006 - Memo 

to Germane Joint 

Subcommittees 

Krista K. Mel ntyre October 10, 2006 

Stoel Rives 

101 S. Capitol Blvd. Ste. 1900 

Boise, 10 83702 

This letter provides comments on docket numbers 

58-0101-0602 and 58-0101-0603 and is located behind 

tab number 3 (docket number 58-0101-0602). 

Bob Anderson November 2, 2006 

Avista Utilities 

P.O. Box 3727 

Spokane, WA 99220-3727 

William K. Lawson November 3, 2006 

PacifiCorp Energy 

1407 ·W. North Temple, Ste. 330 

Salt Lake City, UT 84116 

Jeremy M. Maxand November 1, 2006 

Snake River Alliance 

P.O. Box 1731 

Boise, 10 83701 

Lee Flinn November 3, 2006 

Conservation Voters for Idaho 

P.O. Box 2802 

Boise, 10 83701 

Ken Miller November 3, 2006 

Idaho Energy Advocate 

NW Energy Coalition 

5400 W. Franklin, Ste. G 

Boise, 10 83705 

Mark E. Daily November 1, 2006 

Idaho Aquaculture Association 

P.O. Box 767 

Hagerman, 10 83332 

Linda Lemmon November 1, 2006 

Thousand Springs Water Users Assoc., Inc. 

P.O. Box 178 

Hagerman, 1083332 

Several comments were received from citizens of the state of Idaho in support of the proposed 

rule. 

Transcript of public hearing held on November 3, 2006 
Legislative Services Office 

Idaho State Legislature ­ Jeff Youtz 


Director 
 RECEIVED 

SEP 1 3 2006 September 13, 2006 

Office of the Attorney General 

IDEO 

Paula J. Wilson 

Hearing Coordinator 

Dept. Of Environmental Quality 

1410 N. Hilton 

Boise, 10 83706-1255 

Dear Ms. Wilson: 

The Senate and House Subcommittees for review of administrative rules have 

reviewed the 	proposed changes to the Dept. Of Environmental Quality rules: - IDAPA 

58.01.01 	 Rules for the Control of Air Pollution in Idaho 


(Docket #58-0101-0603) 


No meeting will be held, and we are pleased to report that no objections will be 

filed. 

Sincerely yours, 

Principal 

~~;1iY Legal Analyst 

KAG/ca 

cc: Martin Bauer 

-


Mike Nugent, Manager Catby HoUand-Smitb. Manager Ray Ineck, Manager Glenn Harril. Manager 


Researcb & Legislation Budget & PoUcy Analysis LegislativeAuditl Information Tecbnology 


Statebouse. P.O. Box 837%0 Tel: 208-334-2475 

Boise. Idaho 837%~0S4 www.legillature.idabo.gov 
Legislative Semces Office 


Idaho State Legislature 


JeffYoutt 

Director 

S~Id4.Ml'C~l~ R E eEl V E D 

AUG 2 8 2006 

<Jt1lce of the Attorney General 

MEMORANDUM IDEO 

TO: 	 Rules Review Subcommittee ofthe Senate Health and Welfare Committee, and 

the House Environment, Energy and Technology Committee 

FROM: 	 Research & Legislation Staff - Katharine Gerrity, Principal Legal Analyst AAQDATE: 	 August 25, 2006 

SUBJECT: 	 Department ofEnvironmental Quality 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho. According to the Department, 

- federal law requires the state to submit a plan to EPA by November 17, 2006, that ensures the 

state meets its Annual Coal Fired Electric Utility Steam Generating Unit (EGU) mercury budget 

for the appropriate periods, and requires EGUs to comply with various monitoring, record 

keeping and reporting provisions. The Department states that as part of the plan, it proposes the 

rule to opt out ot: or not participate in, the federal cap and trade program for mercury emissions 

from EGUs, In addition, the Department notes that, to meet the state's zero budget, the rule 

prohibits the construction of any EGU with mercury emissions. The Department confirms that 

the proposed rule does not regulate an activity not regulated by the federal government, nor is it 

broader in scope or more stringent than federal regulations. Negotiated rulemaking was not 

conducted. 

The proposed rule appears to be authorized by Sections 39-105 and 39-107, Idaho Code. 

cc: 	Department of Environmental Quality 


Paula J. Wilson 


Martin Bauer 


Mike Nugent, Manager Catby HoUaad-Smith, Manager Ray Ineck, Manager Glean Harris., Manager 


Researcb & Legislation Budget & PoUey Analysis Legislative Audits Information Tecbaology 


Statehouse. P.O. Box 83710 Tel: 108-J34...1475 

Boise. Idaho 83726-0054 www.legislatureJdabo.gov 
Avis. Utili". 

1411 East MlssioII PO Boxlm 

Spokane, W.....ngIOII 99221)·31%1 

T.ltphone 5OHJ9.05OI 

TaU Fru 8IlI-1Z7·9111l ~"Jv.srA· Utilities 

November 2, 2006 

Paula 1. Wilson 

Hearing Coordinator 

Department of Environmental Quality 

1410 North Hilton 

Boise. ID 83706-1255 

RE: Proposed Rulemaking Docket No. 58-0101-0603 

Dear Paula: 

A vista Corporation (A vista) appreciates the opportunity to comment on the proposed rule. 

A vista operates hydroelectric and gas-fired generating plants in north Idaho and serves a 

large area of northern Idaho with electricity and natural gas. 

Avista objects to the rule which effectively prohibits the possibility of coal-fired generation 


in the state of Idaho. Avista has indicated the need for additional electrical generation to 


meet customer loads in Idaho. In the mix of generating options, a coal-fired plant is a 


possibility. 


A vista believes it would be premature to adopt the regulation at this time without further 


study and information gathering concerning the economic and environmental impacts of 


innovative coal technologies. Idaho policy should not preclude the creative exploration of 


advanced technologies and emission control systems that might ultimately be acceptable to 


Idahoans. We therefore urge the Board of Environmental Review to postpone the proposed 


rule at this time. 


Thank you for consideration of our concerns. 

Sincerely, /1.; 74Juv) {~/.t.ury../} 

Robert Anderson 


Director of Environmental Affairs 


-

WIll_ K. UWSM 

14'7 W. Nord T.,. S"b jj,

- SdLa. Cu", Utd 1411' 

891·111J.4J11 

November 3, 2006 

Ms. Paula J. Wilson 

Hearing Coordinator 

Department ofEnvironmental Quality 

1410 N. Hilton 

Boise, ID 83706-1255 

Re: 	 Docket 58-0101-0603 

IDAP A 58 Department ofEnvironmental Quality - 58.01.01 - Rules for the Control of 

Air Pollution in Idaho 

Dear Ms. Wilson: 

PacifiCorp Energy, a MidAmerican Energy Holdings Company, is one of the lowest cost 

electricity producers in the United States, providing more than 1.6 million customers with 

reliable, efficient energy in six states. PacifiCorp Energy operates a diversified portfolio of 

electric generating facilities, utilizing coal, natural gas, geothermal, wind, and hydro resources. 

PacifiCorp Energy delivers low-cost electricity to approximately 64,000 customers in Idaho 

through its sister company, Rocky Mountain Power. We appreciate the opportunity to provide 

input on the proposed rule under consideration by the Idaho Department of Environmental 

Quality ("Department''). PacifiCorp Energy believes the Department's proposed rule is likely to 

have an impact on the company's ability to serve its customers in a cost-effective manner. 

As noted by the Department, the Clean Air Mercury Rule requires that all states, including Idaho, 

submit a state implementation plan to the United States Environmental Protection Agency by 

November 17, 2006, to ensure that the state meets its annual mercury budget and requires 

electric generating units to comply with monitoring, recordkeeping and reporting provisions. At 

the time the Environmental Protection Agency calculated the mercury emissions baseline, 

proposed the national and state mercury emissions reductions and budgets. and promulgated the 

final Clean Air MeICury Rule, Idaho did not have any electric generating units subject to 

regulation (i.e., no coal-fired facilities); as a result, Idaho was not allocated any mercury 

allowances. Idaho. therefore, finds itself in a unique position of having to comply with a rule 

with no SOUICes subject to the rule. PacifiCorp Energy encourages the Department to take a 

long-term view offuture sources ofgeneration and the impact the proposed rule will have on the 

citizens ofthe state. 
I>ocket58~lOl~3 

November 3, 2006 - Page 2 

1. The Proposed Rule Is Overly Broad 

In an effort to ensure that Idaho meets its responsibilities under the Clean Air Mercury Rule, the 

Department has developed a solution that is easy to understand and implement-the solution 

proposed is simply "no." The Department has proposed an absolute ban on all electric 

generating units with a potential to emit mercury emissions. A thorough review ofthe proposed 

rule and the narrative summary published by the Department suggests an inconsistency, 

however. The summary states that the Department is proposing a rule "that prohibits the 

construction of any electric generating unit widl. Hg emission!." The proposed rule itself, 

however. goes one step furtber--prohibiting the construction of all electric generating units with 

a potential to emit mercury emisslonl. The distinction between what the Department said was 

the purpose ofthe rule and the specific regulatory language proposed is important. 

Advances in emissions control technologies and generating technologies are occurring rapidly. 

New technologies such as integrated gasification combined cycle (IacC) are being explored, 

with construction of a number of IGCC facilities under consideration in the United States. The 

Department's proposed rule would preclude development of the cleanest coal-fired generating 

facilities in the State of Idaho, even if they could capture all mercury and have no mercury 

emissions, merely because such facilities have a gotential to emit mercury. 

- PacifiCorp Energy believes the proposed rule is overly broad as drafted and is not necessary to 

achieve the goals of meeting Idaho's obligations under the Clean Air Mercury Rule. 

Furthermore, PacifiCorp Energy does not believe that the rule is in the best interests of Idaho 

electric custOD)eI'S given its absolute prohibition against the construction of any type ofcoal-fired 

generation in Idaho, regardless ofwhether it actually emits mercury. State policies that preclude 

certain types of generation, such as those in California, and now, in Idaho, raise the cost of 

electricity consumed in that state and are not necessarily in the best interests of electric 

consumers or the public. 

2. Mercury Emission. Will Continue to Exist In Idaho 

PacifiCoIp Energy urges the Department to carefully consider and put into perspective the 

mercury emissions from coal-fired generation in the United States as it adopts a rule to ensure 

compliance with the Clean Air Mercury Rule. World-wide, approximately one-third of all 

mercury emissions come from natural sources, one-third from direct human activity, and one 

third from human activity that disturbs distributed mercury, re-emitting it. The majority ofmanmade mercury ~ssions come from Asia and Africa, as depicted in the chart below. 1 

1 Source _ Worldwide Distnbution ofEmissions (Source: Presentation by J. Pacyna and J. Mtmthe at mercury 

workshop in Brussels, March 29-30,2004). 
-- Docket 58-0101-0603 

November 3, 2006 

Page 3 

Mercury emissions from the U.S. power sector are estimated to be one percent of the global total 

mercury emissions.2 

The mercury emission reductions that will be achieved under the Clean Air Mercury Rule are 

significant and important. However, these reductions only result in a 70 percent reduction in one 

percent of the global total Regardless of the implementation of the Clean Air Mercury Rule 

throughout the United States and the proposed ban on facilities with the potential to emit 

mercury·in Idaho, Idaho will still have mercury emisSions. The realitY is that a Coal-fired unit, 

constructed in Idaho and employing clean--coal technologies, will do little, if anything, to affect 

overall mercury emissions within the state. 

- 3. A Dlvene Energy Supply Is Important to Customen 

The Clean Air Mercury Rule promulgated by the Environmental Protection Agency established a 

nationwide requirement for emissions reductions in two phases with a cap and trade program. 

Regardless of Idaho's proposed absolute restriction on the types of generation that can be, . 

constructed in the State, coal-fired facilities utilizing a variety of technologies are likely to be 

constructed in the future in the United States, albeit under more stringent new source 

perfonnance standards for mercury. The Clean Air Mercury Rule allows those plants to be built 

as long as they meet the more stringent emisSion standards and, through the placement of a 

nation-wide cap on all mercury emissions (including those from newly constructed power plants) 

ensures the emissions reductions required under the Clean Air Mercury Rule are achievedresulting in a 70 percent reduction in mercury emissions from the electric power sector by 2018. 

PacifiCoIp Energy believes that utilizing a diverse portfolio ofgenerating resources is important 

to customers and the environment and serves to enhance energy security and availability. A 

diverse generation portfolio ensures that energy supply will not be constrained by cost or 

physical limitations resulting from events such as natural disasters that limit natural gas 

production or supply, the abundance of intennittent resources such as wind on a particular day, 

or even the cost or availability of wind turbines. Precluding the development of the next 

generation of coal-fired generation in Idaho will not insu1ate it against mercury; it win, however, 

deprive Idaho ofdevelopment opportunities, tax revenue base. and jobs. 

2 Source: United Nations Environment ProgratnDltl (IDffiP) Chemical, Global Mercury Assessment, Geneva, 2002. 
Docket 58-0101-0603 

Page 

November 

4 

3, 2006 - 4. Idallo Should Adopt tbe Clean AIr Mercury Rule 

Adoption of the Clean Air Mercury Rule does not mean that the state of Idaho has to issue 

permits for coal-fired power plants-it merely means that the state has the option to participate 

in the benefits of the federal cap and trade program for mercury emissions in the future if 

desired. Opting out of the federal cap and trade program and implementing the proposed rule as 

a way to ensme that the state will meet its compliance obligations extinguishes any flexibility the 

state may have with respect to siting future electricity generation and binds the citizens of the 

state today as well as in the future-regardless oftechnological advances. 

Cap and trade programs in the environmental arena are not new-the implementation of the 

sulfur dioxide cap and trade program in the 1990 Clean Air Act amendments has proven that 

such programs are highly successful in ensuring compliance and innovation. As opposed to 

traditional command and control regulation, cap and trade programs, such as the federal mercury 

progra.m, provide facilities with flexibility to implement real and cost effective reductions. 

Unfortunately, Idaho's proposed rule fosters the ultimate in command and control regulationDO electric generating facilities with the potential to emit mercury can be located in the state of 

Idaho, regardless of cost or impact on electricity customers. PacifiCorp Energy believes the 

Department's proposed regulation disadvantages its customers, now and in the future, without 

consideration of the impacts of cost, future technological advances, availability and reliability of ­ energy supply and alternatives. 

For the reasons set forth herein, PacifiCorp Energy respectfully encourages the Department to 

reconsider the complete ban on any electric generating unit with the potential to emit mercury as 

set forth in the proposed rule and to consider opting into the· federal mercury cap and trade 

program to preserve the flexibility to meet the future electricity requirements of the citizens of 

Idaho and customers ofPacifiCorp Energy. 

Sincerely, 

William K. Lawson 

Manager, Environmental/Engineering 

PacifiCorp Energy 
-


SNAKE RIVER 


ALLIANCE 


IDAJo«:PS NUCLEAR WATCHIXJG 

November 1,2006 

Martin Bauer 

Idaho Department ofEnvironmental Quality 

1410 N. Hilton 

Boise, Idaho 83706 

Re: Comments on Mercury Cap and Trade 

Dear Mr. Bauer: 

The Snake River Alliance is an Idaho-based grassroots group working through research, 

education, and community adVocacy for peace and justice, the end to nuclear weapons, 

, responsible solutions to nuclear wasLe and contamination, and sustairtable alternatives to 

nuclear power. I submit this request on behalfofour dues-paying members and board of 

directors. 

We support and encourage the State of Idaho to opt out of the Mercury Cap and Trade 

program. The State of Idaho currently has no major mercury emissions, but opting in to 

the Mercury Cap and Trade program would encourage such emissions and the health and 

environmental consequences Mercury brings. 

Exposure to mercury can be particularly dangerous for pregnant women and children. 

During the fIrst several years of life, a child's brain is still developing and rapidly 

absorbing nutrients. Prenatal and infant mercury exposure can cause mental retardation, 

cerebral palsy, deafuess and blindness. Even in low doses, mercury could affect a child's 

development, delaying walking and talking, shortening attention span and causing 

learning disabilities. 

In adults, mercury poisoning can adversely affect fertility and blood pressure regulation 

and can cause memory loss, tremors, vision loss and numbness ofthe fIngers and toes. A 

growing body of evidence suggests that exposure to mercury may also lead to heart 

disease. 

One ofIdaho's most important qualities is its clean air and water. People travel to Idaho 

from around the world to take advantage ofour pristine wilderness, wild rivers, and open 

104 S Capitol Blvd 200 West River Street 310 E Center Street 

PO Box 1731 PO Box 4090 PO Box 425 

Boise, Idaho 83701 Ketchum, Idaho 83340 Pocatello, Idaho 83204 

(208) 344-9161 voice (208) 726-7271 voice (208) 234-4782 voice 

(208) 344-9161 fax 
country. Encouraging Mercury emissions through the Cap and Trade program would - work against these qualities, and jeopardize our public health and way of life. 

I appreciate your consideration. If you have questions or comments, please contact me at 

(208) 344-9161 or srauv,snakeriveralHance.org. 

I 
Conservation Voters 

FOR IDAHO 

November 3,2006 

Martin Bauer 


Department of Envii"onmental Quality 


·1410 N. Hilton 


Boise, Idaho 83706 


Regarding: Ajr Quality 58-0101-0603, proposed rule (Mercury Cap & Trade) 

Mr. Bauer, 

- On behalf of Conservation Voters for Idaho, I urge the Department of 

Environmental Quality Board to adopt the proposed rule to opt Idaho out of the 

federal mercury cap and trade program. 

We support the Executive Order that Governor Risch issued this summer directing 

DEQ begin rulemaking to opt Idaho out of this federal program. 

Since Idaho faces an automatic "opt in" if the state does not intentionally choose to 

"opt out"-it is prudent for Idaho to choose the latter option. Doing so will protect 

human health, our environment and our economy. 

Please adopt proposed rule 58-0101-0603 to opt Idaho out of the mercury cap and 

trade program. As one of the few states that does not currently have a coal-fired 

power plant, we are uniquely positioned to safeguard the high quality of life that 

Idaho citizens enjoy.' 

Sincerely, 

'c1(ti~ 

Lee Flinn 

Executive Director 

lee@conservationyotersforjdaho.org 
Nov. 3,2006 -


To: Martin Bauer, Department of Environmental Quality 

From: Ken Miller, NW Energy Coalition 

Re: Rulemaking on federal mercury trading program 

Dear Mr. Bauer: 

On behalf ofthe NW Energy Coalition, I appreciate the opportunity to submit the 

following comments regarding Docket No. 58-0101-0603. 

The NW Energy Coalition supports the actions by the Idaho Legislature with regard to 

the current two-year moratorium on construction of in-state Coal-Fired Electric Utility 

Steam Generating Units (EGUs), and also the decision by Gov. James Risch to opt out of 

the federal mercury emissions trading regime. The Department's rules, considered 

together, present Idaho with a rare opportunity to affirmatively act to protect the health 

and safety of Idahoans, as well as to protect Idaho's environment from the myriad 

impacts associated with EGUs elsewhere. 

'l..JW Energy Coalition was a co-signor ofthe Idaho Conservation League's Petition for 

Initiating ofRulemaking 58.01.01, Rules for the Control ofAir Pollution in Idaho. 

NWEC similarly recommends the Idaho Board of Environmental Quality promulgate a 

rulemaking on Idaho's participation in the proposed federal mercury trading program as 

part ofthe Clean Air Mercury Rule (CAMR). 

For 25 years, the NW Energy Coalition has advocated clean and sustainable energy· 

policies in the Pacific Northwest. In my capacity as Idaho Energy Advocate, I work with 

our Coalition members as well as with energy policymakers in the legislative and 

executive branches ofstate government, and also with Idaho utilities, in support of 

progressive energy policies in Idaho and our region. We believe the pending federal 

CAMR and its provisions to control mercury emissions from EGUs presents Idaho with 

an invaluable opportunity act proactively on behalf ofthe welfare ofits residents and its 

natural environment. 

There currently exists no rationale for Idaho to embark on the kind of mercury trading 

program contemplated by EPA and CAMR. Having followed the integrated resource plan 

(IRP) development ofIdaho's three investor-ovmed utilities, I am unaware of any IOU 

IRP that proposes construction of a coal-fired power plant within Idaho. Idaho Power 

Co., in its 2006 IRP, which was recently submitted to the Idaho Public Utilities 

Commission and which has yet to receive IPUC acknowledgement, pending public 

review, envisions acquisition of energy from two coal-fired plants within the 2006 IRP's 

planning horizon. They include a pulverized coal plant in Wyoming (250MW in 2013), 

as well as a "regional" IGCC (coal gasification) plant expected to generate another 

250MW of power and to come on line in 2017. Neither ofthese plants are contemplated 

tor development in Idaho. In addition, NWEC is unaware of plans by A vista or -
- PacifiCorp (Rocky Mountain Power) to develop EGUs in Idaho within their planning 

horizons. 

And for good reason. The people of Idaho have spoken on this issue, and their elected 

officials, from state lawmakers to the governor, have responded. Idahoans do not support 

construction of coal-fired EGUs in this state, and as a result we have both a moratorium 

on such construction as well as a directive from the governor's office to have Idaho not 

participate in an ill-advised Hg trading program. 

The surest way for the Department of Environmental Quality and the Board of 

Environmental Quality to ensure that the desires of the people of Idaho and their elected 

officials are met is to process this rule and to opt Idaho out ofa mercury trading program. 

As currently envisioned under the CAM~ Idaho's decision to opt out of a mercury . 

trading program would mean Idaho cannot build a mercury-emitting coal plant. Idaho 

will be granted no emission allowances to trade under a mercury trading program because 

we have no mercury-emitting EGUs. And as mentioned above, there are no plans by 

Idaho-regulated utilities to construct any within the 20-year time frames in their 

respective IRPs. Furthermore, none ofthese utilities, so far as we are aware, plan to 

participate in an in-state merchant pov.cr plant. 

The only scenario for a proposed coal-fired power plant (excluding IGCC power plants 

- that have been proposed but for which no permits have been requested) would be for a 

merchant plant, such as that proposed last year by Sempra Energy, to be proposed. As 

you are aware, Sempra withdrew its applications to construct in Idaho last winter and 

announced it was pursuing other, non-coal, energy opportunities in jurisdictions outside 

ofIdaho. Sempra has provided no evidence that it plans to return to Idaho with plans for 

another coal plant; and no other prospective coal plant developers have approached the 

state with similar plans. 

Rather than place Idaho in a position of buying into a trading scheme that would permit 

the importation ofone of the most toxic elements known to man for no recognizable 

benefit to Idahoans, NWEC joins the Idaho Conservation League and others in 

encouraging the state ofIdaho to opt out of a mercury program that has no discernable 

benefits to Idahoans. 

It has been argued by some that Idaho should opt in to a trading program to grant utilities 

the greatest flexibility in meeting Idaho's future power needs. Unless and until any utility 

comes before Idaho's regulatory agencies (ie, the Public Utilities Commission or the 

Department of Environmental Quality) to signal their interest in building an in-state coal 

plant, the overriding interests of Idahoans demand that the state opt out ofthe program 

now, and simply retain the right to opt in to a mercury trading program at a later date but 

only after a thorough discussion among all stakeholders and policymakers at the state and 

local levels. Any discussion to opt in to the mercury trading program should only be 

, ...., 	 undertaken after all state agencies have had an opportunity to fully consider the impacts 

ofsuch a decision. In opting out ofthe program, Idaho is not forfeiting a future decision 
to join the program. In opting into the program, Idaho is accepting an irreversible -


decision to import a dangerous toxin with no recognized benefit to Idahoans. 

Finally, as the Department is aware, the Idaho Legislature is in the process ofdeveloping 

a new State Energy Plan. That plan is expected to be completed sometime in early 2008. 

As a participant in that process, I can assure you legislators have carefully weighed the 

state's position on coal-fired plant development within Idaho and also the health and 

environmental impacts ofsuch development, were it to occur. While still in development 

as ofthis date, that plan contemplates that Idaho will continue with its current 

moratorium on coal plant development and also with the governor's directive on opting 

out ofthe mercury trading program. As ofMonday, Oct. 30, the last meeting ofthe 

interim energy committee, the Energy Plan will likely include directions to your 

department as well as other relevant departments and agencies to more deeply study the 

issues presented in this rulemaking. As a result, any decision other than opting out ofthe 

program would not only be premature, but would also be contrary to the decisions 

already made by the governor and by the Legislature. 

Respectfully submitted, 

Ken Miller 

Idaho Energy Advocate 

NW Energy Coalition 

5400 W. Franklin, Suite G 

Boise,ID 83705 

E-mail: ken@nwenergy.org 

Phone: (208) 890-3944 

-

Idaho Aquaculture Association Inc. 

PO Box 767, Hagerman, ID 83332 email: iaa@nortbrim.net 

-


Martin Bauer, Administrator 

Air Quality Division 

DEQ State Office 

1410 N. Hilton 

Boise,ID 83706 

1 November 2006 

RE: Air Quality 58-0101-0603, Proposed Rule - Cap and Trade Program 

The Idaho Aquaculture Association represents the interests of aquaculture producers and related 

supporting industries throughout the state ofIdaho, but its membership is concentrated in 

Southern Idaho. Nearly 70% ofthe trout produced in the United States is grown in Idaho within 

a 100-mile area adjacent to the Snake River, along with smaller quantities of catfish, tilapia, 

sturgeon, bullfrogs, and alligator. These producers depend on the clean water arising from the 

Eastern Snake Plain Aquifer (ESP A) to support their $100 million industry. 

In October 2005 and again in April 2006, IAA sent comments to DEQ opposing proposed air 

quality rule making obligating Idaho to opt into the Federal mercury cap and trade program. Our 

reasons for opposing the rulemaking continue to center on the potential contamination of both 

farmed and wild fish by mercury entering the ESP A. The IAA continues to believe that this one 

action will have ramifications for the health and livelihood of thousands ofresidents in Idaho, 

including those who are supported by the aquaculture industry. 

It is well known that the two main modes oftransmission ofmercury to humans are through 

direct contact and from eating contaminated foods. Idaho soil and water already have significant 

amounts ofmercury arising from natural sources and mining operations, both from in state and 

out ofstate operations. Mercury is transformed into the more toxic methylmercury by 

microorganisms in soil and water, and is biomagnified through the food chain, concentrating in 

long-lived animals, most particularly fish. Several Idaho reservoirs and water bodies, including 

some in Southern Idaho, already have mercury advisories against consumption ofwild caught 

fish. The IAA believes increased levels ofmercury in the waters of the ESP A may increase the 

mercury content in Idaho farmed trout and in other Idaho aquaculture products, as well as that of 

both sport and non-sport wild fish. A recent survey of farmed trout determined that Idaho grown 

trout have extremely low levels ofmercury, making farmed trout one of the healthiest fish 

available to the consumer. While trout have a 12-16 month rearing period, the sturgeon industry 

is at greater risk for bioaccumulation given the 8-12 year growing period prior to caviar harvest. 

Until the Idaho Legislature updates the state energy plan, creates specific siting regulations and 

guidance, and identifies the sources and amounts of current mercury contamination, the potential 

exists that large mercury-producing industries, such as coal-fired power plants, will locate on the 

ESPA and release additional mercury into the air and aquifer. The IAA believes it would be 

irresponsible to opt into a trading program before Idaho has put these measures in place, and 

challenges new industries to meet the zero emission level, thereby eliminating the necessity tor 

mercury trading. 
The benefits of bringing mercury-producing industries into Idaho could not possibly outweigh 

the degradation of Southern Idaho's most important natural resource. The agriculture industries 

in Southern Idaho depend upon clean, plentiful water arising from the ESPA. The exceptional 

quality of the spring water from this unique resource is essential to Idaho's aquaculture industry. - Fresh, wholesome, healthy Idaho trout are equated with the clean and healthy environment that 

exists in Idaho today. We must do all we can to keep it that way for all the citizens ofour state. 

The Idaho Aquaculture Association requests that DEQ follow Governor Risch's recommendation 

to opt out of the Federal mercury cap and trade program. 

Sincerely, 

Mark E. Daily 

President, Idaho Aquaculture Association 

-


-~ 
THOUSAND SPRINGS WATER USERS ASSOCIATION, Inc. 

PO BOX 178, HAGERMAN, ID 83332 

Martin Bauer, Administrator 

Air Quality Division 

DEQ State Office 


1410 N. Hilton 


Boise, ID 83706 

1 November 2006 

RE: Air Quality 58-0101-0603, Proposed Rule - Federal Mercury Cap and Trade Program 

The Thousand Springs Water Users Association (TSWUA) is a non-profit organization 

formed to represent and protect the water right interests of its members who rely on the 

spring water arising from the Eastern Snake Plain Aquifer to support their families and 

businesses. Our members depend on the ESPA for drinking water, irrigation, aquaculture, 

wildlife, recreation, hunting, fishing, power generation and tourism. Members and nonmembers who depend on the spring water flowing through the ESP A to support their 

businesses contribute an estimated $600 million to Idaho's economy. 

Because ofthe potential for mercury contamination of the ESP A, the continued impact a 

- consumptive facility such as a power plant would have on the local water supply, the 

reduction in air quality and associated health risks, and the direct impact these actions would 

have on our members' livelihoods, TSWUA opposes opting into the Federal mercury cap and 

trade program, and supports leaving the current zero mercury emission standard in place. The 

TSWUA believes it would be irresponsible to opt into a mercury cap and trade program 

during the 2 year moratorium period before the Legislature and citizens have the opportunity 

to update the state energy plan, put siting regulations in place, complete the current surveys 

detailing the extent to which fish in reservoirs and water bodies are contaminated, review and 

update current knowledge, and document sources of current air and water contamination. 

We believe it would be more responsible for DEQ to opt out of the cap and trade program for 

at least the next two years until those tasks have been completed and our knowledge base is 

sufficient to make an informed decision. 

Our state agencies are charged with the responsibility of protecting the health ofthe citizens 

ofthis state and that ofthe environment. Opting out ofthe Federal cap and trade program at 

this time is the responsible action to take, and we urge DEQ to follow Governor Risch's 

recommendation to opt out of the cap and trade program. 

Respectively submitted by, 

Linda L. Lemmon, Executive Secretary 

.--. Thousand Springs Water Users Association 
Page 1 of2 

Paula Wilson 

From: lee [silverchest@halpersmith.myrf.net) - Sent: Saturday, November 04,20065:52 PM 

To: Martin Bauer 

Subject: Re: CAP AND TRADE ISSUE 

The deadline is past. Can you send a list ofthose who commented to Opt In? Thanks Lee 

Martin.Bauer@deq.idaho.gov wrote: 

Mr. Halper 

Idaho is not opting into the mercury cap and trade program. Governor 

Risch has directed us to opt out of the cap and trade program and we 

currently have rules drafted to accomplish that. This link should take 

you to our website where this is discussed. 

http://www.deg.idaho.gov/air/prog issues/monitoring/camr plan.cfm 

We have received many comments on this issue, mostly requesting that we 

opt out of the mercury cap and trade program. To date, I have not 

received any comments from Sempra regarding this rule, however, the 

comment period does not close until tomorrow. 

Martin Bauer 

Air Quality Administrator 

From: lee [maiItQ;si1'ler~tt§t@_tlgl~J:Smittl,myrf~!'1et] 

Sent: Thursday, November 02,200612:53 PM 

To: Martin Bauer 

Cc: bill chisholm; Bob & Judy Wright; bob & marilyn rogero; carolyn elexpuru; cashia brown; charlie 

lenkner; claudia haynes; dan and barb moon; Dan Helm; della johnson; denise cooley; dick parrott; 

Ginny Gunn email; heidi olson; larry fendell; jane andrew; Jerry Jayne; jo kirkpatrick; tom draper; 

jones; justin hayes; Leah Humes; monica; max hatfield; mike ihler; diana obenauer public; rachael 

osborn; craig; jerald gefre; wendy jaquet; donna pence; clint stennett; terrell williams; Bert 

Redfern; Chris Steinbach; David Cooper; dan popkey; alma hasse; Peter Rickards; doug elgan2; 

Marj Schmidt; Karen Arkoosh; Patsy Banning; kathleen tanaka; ralph friedemann; Doug Elgan; mike 

stone; heidi olson; Charles Parker; Sylvia Dilli terry halli maggie; Jim&Cindy Lohmann; teresa 

perron; Cheri Condie; John Schmidt; DeeAnn Scott; laVerna&Mel; bruce & patsy peton; max 

casebeaux; terry hall; Doug Etten; Christi Bush; Cheri Condie; Galaviz Sonia; vernita talbott; ralph 

friedemann; Terry&Jan Ganguet; Diane&Coral Holley; Hugh Feiss; Jim&Cindy Lohmann; 

Brooke&Ponch Borrayo; Patsy Banning; laVerna&Meli Patsy Banning; LaVerna&Mel; heidi olson; 

Sylvia Dill; Maria rebollozo; xenia williams; Nils Rib;; laird noh; Bill Block; Joan Cloonan; Craig 

Harlen; Marti Calabretta; Donald Chisholm; marguerite mclaughlin; Nick Purdy; tom mikesell 

Subject: CAP AND TRADE ISSUE 

Martin, it is my understanding that comments on the mercury cap and trade program have 

been submitted by Sempra to DEQ. Please reply all if this is correct, or not. 

IfSempra is involved at your level, it means they are wanting to be involved back in Jerome 

and are probably hoping that Proposition 2 passes and that anyone but Jerry Brady gets 

elected Governor. Here in Jerome, the main proponents of Sempra are pushing candidates 
Page 2 of2 

for County Commissioner whose past actions have proven them amenable to Sempra's 

proposed plant and are spending lots of money for signs, tliers, newspaper ads, phone 

callers, et cetera. 

Thanks for your reply all in advance. 

Lee Halper 

1 11O"I?OO" 
Page 1 of 1 

Paula Wilson 

From: Hilary Sinnamon [hsinnamon@yahoo.com} 

Sent: Friday, November 03,20064:53 PM 

To: Martin Bauer 

Subject: Mercury cap and trade program 

Administrator Bauer, 

Environmental Defense greatly appreciates the opportunity to comment on DEQCs proposed rule to opt 

out ofthe federal cap and trade program for mercury and DEQOs proposed rule to prohibit the 

construction and operation of coal-fired power plants in Idaho. We submit these comments on behalf of 

our 400,000 members nationwide and specifically our Idaho members who will be directly impacted by 

DEQ's decision. . 

Environmental Defense supports the Governor's recommendation to opt out ofthe cap and trade 

program. We strongly believe that as an acutely toxic air pollutant, mercury should be controlled to the 

fullest extent possible. Opting out ofthe mercury cap and trade program and prohibiting the construction 

of coal-fired power plants will prevent significant future increases in mercury emissions into Idaho's air 

and water. This is important for protecting Idaho's public health and environment. 

We urge you to recommend that the Board adopt rules to opt out of the federal cap and trade program 

for mercury. 

Sincerely, 

Hilary Sinnamon 

Consultant 

Environmental Defense 

Hailey 

208-720-3218 

-

Paula Wilson 

,~rom: Clit Amundsen [amundamund@yahoo.com] 

,ent: Friday, November 03, 2006 11 :55 PM 


To: Martin Bauer 


Subject: Mercury Cap and Trade 


For: Department of Environmental Quality Consideration. 

Mercury 

I am a retired, professional wetland ecologist living in Twin Falls. I have been 

characterizing small aquatic and semi-aquatic habitats in co-operation with the Sawtooth 

National Forest as a Volunteer Biologist for the past six summers. I have concentrated on 

lands within the NF boundaries to avoid trespass possibilities. To my knowledge, no other 

systematic (bio)chemical characterizations of most of these small, wet, systems is 

ongoing. I have field-measured pH, temp, total dissolved solids, oxidation-reduction 

potentials, ammonia, nitrate, and chloride. 

I have not found any accessible, comparable, measures for the sites I have visited, some 

of them many times over the several summers. I have several hundred sets of readings from 

a great many sites. 

I fear that the official programs for monitoring these water sources are unable (in terms 

of logistics and funding)to keep track of these small surface water exposures. 

My data have been furnished to appropriate offices within the Sawtooth NF, and I am 

preparing a manuscript to be submitted to the Journal of the Idaho Academy of Science with 

my results and interpretations to date. My field protocols and data are not proprietary 

and are available to anyone interested. 

In the absence of a comprehensive, proactive and offictall.y sponspred water monitoring 

program for high elevation (small) waters, I fear that opting into the Mercury Cap and 

Trade program will be a disservice to the citizens, agricultural pursuits, and industries 

that have come to rely on the (assumed) high quality of (southern) Idaho mountain source 

~_waters that I havein fact, determined. I fear that several dangerous pollutants can have 

3rious biological effects well before any program that relies only on reactive testing 

hicks in. 

I understand that the choice of not opting into the Cap and Trade can be changed in the 

future, but once the State has opted in, there is no opting out. Until such time as an 

appropriate field and laboratory infrastructure exists for ongoing measurements 6f 

emissions and accumulations of such pollutants as Hg exists in Idaho, I recommend the 

State choose not to opt in to the Cap and Trade. I think it a Trojan Horse. 

signed/ Clif Amundsen Ph.D/1454 Anny Dr W/Twin Falls 


83301 (208)735-1014 ..• amundamund@yahoo.com 


Access over 1 million songs - Yahoo! Music Unlimited 

(http://music.yahoo.com/unlimited) 

1 
Paula Wilson 

From: frank dehoney [fdehoney@valley.sd262.k12.id.us] 

Sent: Sunday. November 05. 2006 3:23 PM 

To: Martin Bauer 

Subject: mercury cap program 

Idaho should opt out of the mercury cap and trade program! 

1 
I 

Paula Wilson 

-":rom: James Irwin [JAMEIRWI@sbfmc.org) 

;ent: Sunday, November 05, 2006 7:42 AM 

To: Martin Bauer 

Subject: I strongly oppose further mercury pollution in Idaho. Please do not opt into the mercury cap 

and tr 

strongly oppose further mercury pollution in Idaho. Please do not opt into the mercury 

cap and trade program. 

-


1 
Page I of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Monday, November 06,20068:40 AM 

To: Paula Wilson 

Subject: FW: 

From: Patty [mailto:jsgal@pinkhouse,myrf,net] 

Sent: Friday, November 03,20067:10 PM 

To: Martin Bauer 

Subject: 

Dear Martin Bauer. 

It is my opinion that Idaho should opt out of the mercury cap and trade program. I am 

concerned for the environment and want it as clean as possible for as long as possiblel 

live in Jerome and know how easily a community could have their air and water 

contaminated after battling to prevent Sempra from opening their coal fired plant just north 

or our city. Please don't opt into the mercury cap and trade program, Idaho does not need 

it! 

Sincerely. 

Patty Button 

-


11 /Ohl?OOh 
Page 1 of 1 

Paula Wilson 

From: Doug Rice [mt.kearsarge@gmail.com] 

Sent: Friday, November 03,2006 4:01 PM 

To: Martin Bauer 

Subject: Opt out of mercury cap and trade program 

Dear Mr. Bauer: 

I am alanned at the prospect of Idaho's opting into the federal mercury cap-and-trade program. There is 

no excuse for permitting any quantity of mercury into our environment. 

Doug Rice 

208 734-4202 

560 Gimlet Dr. 

Twin Falls, ID 83301 

11101/?OOI\ 
Page 1of 1 

Paula Wilson 

From: jfscott [jfscott@cableone.net] 

Sent: Friday, November 03,2006 3:17 PM 

To: Martin Bauer 

Subject: Froposed Rule - opting out 

I continue to support the decision to opt out of the Federal cap and trade program and adoption of whatever rules 

are required to support that decision. 

Jim "Scotty" Scott, CCO 

Post Office Box 403 

Hagerman, 1083332 

(208) 837-4522 

(208) 316-2589 

~~pny@desjrefutllre.c9m 

www-:_d~~ir~!Lfylure,QQm 

-


111011?OOll 
Paula Wilson 

-'""om: Martin Bauer 

,ent: Friday, November 03, 2006 2:36 PM 


To: Paula Wilson 


Subject: FW: Opt Idaho OUT of Federal Cap & Trade Program 


-----Original Message----­

From: Cheri Condie [mailto:plectrumidaho@hotmail.comJ 


Sent: Friday, November 03, 2006 2:35 PM 


To: Martin Bauer 


Subject: Opt Idaho OUT of Federal Cap & Trade Program 


Dear Mr. Bauer: 


This notice will serve as my request to be included in the public hearing comments for the 


IDEQ determination for mercury contamination in Idaho. 


Please request them to opt OUT of the National program, as it will be in Idaho's best 


interests. 


Thank you, 


Cheri Condie 


116 Key Hole Dr. 


Jerome, Idaho 83338-5201 


208-644-6415 


s 


!lttp://movies.msn.com/movies/hotgossip?icid=T002MSN03A07001 


-


1 
01-19-1900 06:06AM FROM TO 12003730340 P.01 

RECElveo.... 

NOV 0 320ti 

oepal1mlllltot ~QuaIhy StatafiokPropn 

Martin Bauer. Adainiatrator 

Ail" QGl.litT Di't'1sion 

DBQ state artie. 

14lO B. R11toD 

Boise, ID 83706 

He: Air Qualit7 .58-OlOl-c603, Propoaed Rule - 'ederal Kerc1l17 

Cap &tid Trade Propu. 

Dear Kr. Bauer: 

1 object to chaDgi. the MercUl7 Emission st.a.Ddari 

for the state ot Idaho. 

lci&bo raises rainbow trout that haft a 'fel'7 loW 

Ke:rcUl7 content. W. should :no~ allov the air rule- to 'be 

ch8JrCed. Idaho should. not &l.low Kerc\U"7 emission to 'be 

epread over the Sastern Slake Plain Aquiter. The &quiter 

111 recharged. b)r raiD vater that could and. would take the 

HercU1'1 into the acquit.r. We doD't need another probla. 

to go w:1tb our decreas1D& spring flows. We do 11)1; Deed .. 

change to our air qaalitJ rules. 

To allow an "iDdWlt17 to poUute IIOre in Idaho lIT 

KerclU'7 eaission Iba does not BlLke aeIlSe. 

". Opting out ot the Federal cap and. trade progrea at th:1a 

tiM is the reapo:nsible action to take, ard we urge DIQ to 

fol.l.ow Governor Risch'. reco_ndation to opt out of the aap 

and trade prograa. 

Let. WI keep Iclaho Clean. 

-

Paula Wilson 

'--rom: Martin Bauer 

~.nt: Monday, October 30,200612:27 PM 


To: Paula Wilson; Phyllis Heitman 


Subject: FW: mercury 


I public comment on the CAMR rule. 

-----Original Message----­

From: James Reed [mailto:jamescreed@mindspring.com] 


Sent: Monday, October 30, 2006 11:39 AM 


To: Martin Bauer 


Subject: mercury 


Dear Mr. Bauer, 


I am writing to you to please have the DEQ opt out of the Cap and Trade program for Idaho. 


The people of Idaho do not want this program in our state. 


Idaho is so beautiful and far too special to pollute it with any more mercury than we 


already have, which comes from other surrounding states. 


Thank you, 


Leslee Reed 


645 B River Road .:. 


Bliss, ID 83314 


-


1 
Page 1 of 1 

Paula Wilson .. --------------------.---- ._._---- -_.._-------------_._•.. _-----_._- ---- '--', 

From: Mark Bolduc [mbolduc@cableone.net] 

Sent: Friday. November 03,20069:54 AM 

To: Martin Bauer 

Subject: Opt out 

Dear Mr. Bauer: 

As a 39 year resident of this great state I would urge you to SAVE IDAHO and opt out of the mercury cap and 

trade program. This is not for us. 

I would urge you not to buckle into the big boys. 

Mark Bolduc 

Hagerman.ID. 

-


11103/2006 

Page 1 of 1 

-


Paula Wilson 

From: Peter Maier [pmaiersv@cox.netJ 

Sent: Friday, November 03, 200611:41 AM 

To: Martin Bauer 

Subject: Mercury Cap And Trade Program 

I am in favor of Idaho opting out of The Mercury Cap and Trade Program. 

Peter Maier 

Media Procurement Services 

208 726 8787(P) 

208 726 8884(F) 

PO Box 2947 

Ketchum, ID 83340 

pmaiersv@cox.com 

11103/2006 
Page 1 of 1 

Paula Wilson 

From: Olin & Shelley Gardner [mail@idahoguideservice.com] 

Sent: Friday, November 03, 2006 11 :48 AM 

To: Martin Bauer 

Subject: Cap & Trade Program 

Dear Mr. Martin Bauer, 

Idaho should opt out of the mercury cap and trade program! 

My wife and I own and operated a rafting business on the Snake and Salmon Rivers. We need and 

depend and clean water and air for our business. Our guest's come from all over the US and World to 

experience the quality of life and environment that Idaho has to offer. As more and more folks move 

into our state this quality ofHfe is in danger of being diminished. One way the government can help 

preserve Idaho's environment is by establishing rules and then sticking with them .. and by NOT 

allowing any type of Cap and Trade program. The only thing that will be accomplished by allowing it 

will be a decrease in our quality ofHfe and a bunch ofhappy industrialists and power developers using 

our assets to make money for out ofstate interests. Please help the State ofldaho and it's citizens by not 

allowing this. Keep Idaho Air and water free ofmercury, as it is poisoning a good part ofthe world right 

now.. 

Thank You for the opportunity to comment. 

Sincerely, 

Olin & Shelley Gardner 

Olin & Shelley Gardner 

Idaho Guide Service Inc. 

Twin Falls & Riggins Idaho 

Toll Free 1-888-73IDAHO 

www.idah~o9-uideservic~.com 

-


11/()11?()()/\ 
Page 1 of 1 

.- Paula Wilson 

From: brossidaho@aol.com 

Sent: Friday, November 03,200612:53 PM 

To: Martin Bauer 

Subject: no Hg in Idaho 

Please opt out of all mercury programs for Idaho. 


There are already enough people in our country 


that already suffer from developmental learning 


dissabilities .... probably mercury induced. Keep us 


healthy and please be smart and opt out ofthe 


mercury trade scheme. 


Regards, 

Brian Ross 

po box 6821 

k~tchum, idaho 83340 .. ' , ~, 

2087882730 

- Che~kJ)utth~neD'_AOL. Most comprehensive set of free safety and security tools, free access to 

millions of high-quality videos from across the web, free AOL Mail and more. 

11101/2006 
Page 1 of 1 

Paula Wilson 

From: k&j [k&j@boardbin.com] -


Sent: Friday, November 03. 2006 1 :04 PM 

To: Martin Bauer 

Subject: no to coal fired plants 

Dear Mr. Bauer, 


Please Opt OUT of the cap & trade program. Idaho is and always should be mercury free. Why would 


we allow mercury in our communities when we know the negative health effects. There are other 


alternatives to coal-fired power plants. 


Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you for doing what is right. 

Karin Reichow 

Box 4563 

Ketchum, ID 83340 

-


-


111011?OOn 
Page 1 of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03,20068:26 AM 

To: Paula Wilson 

Subject: FW: 

From: Alma Hasse [mailto:stargalaxylady@msn.com] 

Sent: Thursday, November 02,20064:01 PM 

To: Martin Bauer 

Cc: silverchest@halpersmith.myrf.net 

Subject: 

Please consider this a formal request on behalfof all the citizens ofthe great State ofIdaho to opt out of 

the mercwy cap and trade program. We want no part ofthis program!! 

Alma Hasse 

695-1556 

-


11/011?OOIl 
Page 1 of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03,20068:27 AM 

To: Paula Wilson 

Subject: FW: Mercury Cap & Trade 

From: Michael Looney [mailto:race117@msn.com] 

sent: Thursday, November 02,200611:27 PM 

To: Martin Bauer 

Subject: Mercury cap & Trade 

Dear Sir- I am a registered voter and live in Jerome County. I urge you to opt out of the mercury 

cap & trade. I do not think enough study has been done about the negative impact this will have 

on Idaho. The people who seem to want us to opt into this do not even live in this State. 

Thank You, 


Michael Looney 


165 S. 100 E. 


Jerome, Idaho 83338 


-

-


11 fl)1 noo,; 
Paula Wilson 

'-":'rom: Martin Bauer 

.lent: Thursday, November 02,200612:08 PM 

To: Paula Wilson 

Subject: FW: opt out of mercury trade program 

-----Original Message----­

From: DIANA OBENAUER [mailto:dlobenauer@msn.com] 

Sent: Thursday, November 02, 2006 11:48 AM 

To: Martin Bauer 

Subject: opt out of mercury trade program 

I am writing to you to ask that you do everything in your power to keep Idaho out of the 

Mercury trade program. Who devised this stupid program in the first place and who gives 

government the right to trade away our individual health of its citizenry. Do the right 

thing for the right reasons here and keep Idaho Green and clean. 

Diana Obenauer 

Jerome, Idaho 

1 
Page 1 of 1 

Paula Wilson ,------~-----,---------, -------- --- -------­ .­

From: Connie Wolcott {midwife@shoshone.net] 

Sent: Friday, November 03, 2006 11 :45 AM 

To: Martin Bauer 

Subject: mercury cap and trade 

Idaho Department of Environmental Quality 

State Office Conference Center 

410 N. Hilton 

Boise, Idaho 

To Martin Bauer of the Department of Environmental Quality: 

Idaho must opt out of the of the mercury cap and trade programl We absolutely have to 

preserve the integrity of our air and water at all cost. Just because the rest of the nation's 

politicians are rolling over to the profit mongers of industry, is no excuse for ours to follow. 

Idaho needs to be a leader in clean energy development, not another pawn. We have an 

environment worth saving! 

Sincerely, 

Connie Wolcott 

505 S. Fir Street 

Jerome, Idaho 83338 - 208.324.2778 

-


11/01noo/\ 
Page 1 of 1 

Paula Wilson 

From: Susan Fierman [susan@mdfrealtors.com] 

Sent: Friday, November 03,2006 10:47 AM 

To: Martin Bauer 

Subject: re Please deq vote no on the mercury cap and trade and Idaho 

Hello Martin, 

This note is to let you know that myself and all of Blaine county are against Idaho opting in to the Mercury Cap 

and trade program. We acted against it with petitions and emails and phone calls so that the Governor would vote 

against it and I hope you at DEQ get the message that Idaho does not want to opt into this program. Please be 

intelligent and let your others know to represent the people who live here and are counting on you at OEQ to 

protect our LIVES and health and the health of our property and children. Thank you. 

Susan Fierman 

Susan Fierman Realtor 


McCann Oaech Fenton Realtors LLC 


304 N. Main Street 


Hailey, Id 83333 


208 788-0008 Cell 720-7304 


Residence 788-0907 


-

-

Page 1 of 1 

Paula Wilson 

- From: Catalina Steckbauer [CatalinaRN@msn.com] 

Sent: Friday, November 03,2006 10:37 AM 

To: Martin Bauer 

Subject: Opting into the mercury cap and trade program 

It is the responsibility of the DEQ to look out for the environmental quality of life for everyone 

within its jurisdiction. To opt into the mercury cap and trade program at the request of big power 

companies is akin to opening Pandora's box. Our current governor has shown some good sense 

in saying that opting into this program is not in Idaho's best interests. Of course I 

also understand that politicians bend with the prevailing winds and so we need the efforts of 

others to protect our environment. 

Who knows what the power companies will ask for next? An example of a future request might 

be to build a mercury spewing coal plant at Pocatello's western entrance. 

I believe that the only thing that separates us from third world countries is our clean air, soil and 

water. If we continue on this path of indiscriminately giving big power companies the say as to 

what the quality of our future should be, we will have no one to blame but ourselves when ()ur 

earth starts to poison us. 

Sincerely Catalina Steckbauer from Pocatello. 

-

-


111011200n 
Page 1 of 1 

- Paula Wilson 

From: Dlelgan@wmconneclcom 

Sent: Friday, November 03,2006 8:01 AM 

To: Martin Bauer 

Subject: cap and trade 

Att: Martin Bauer: 

I understand that Sempra is still trying to get into Idaho by having the DEQ opt into the cap and trade of mercury. 

I thought this was as dead and settled issue; the people of Idaho do not want this garbage from Sempra and their 

buddies manipulating the law makers. WHY IS THERE EVEN A HEARING ABOUT THIS? IS SEMPRA STILL 

TRYING TO BUY THEIR WAY INTO IDAHO BY BUYING THE PEOPLE WHO MAKE RULES? 

PLEASE GET IDAHO OUT OF THIS MESS PERMANENTLY. 

Thank you. 


Douglas Elgan 


dlelgan @wmconnect.com 


Ph: 208-543-6322 


.4785 t( 11.15 E. 


Buhl, Idaho 83316 


.­

111011?OOn 
Paula Wilson 

From: Carolyn Wolter [carolynw@magiclink.com] 

Sent: Friday, November 03, 2006 10:32 AM - To: Martin Bauer 

Subject: Cap and Trade 

Mr. Martin Bauer: 

We feel strongly that Idaho should opt out of the mercury cap and trade program. 

Thank you for your time. 

Ralph & Carolyn 

8uhl, Idaho 

1 
FW: DEQ rulemaking:Air Quality Page 1 of 1 

Paula Wilson - From: Cargie Aitchison [Cargie.Aitchison@itd.idaho.gov] 


Sent: Friday, November 03,2006 9:02 AM 


To: Martin Bauer 


Subject: FW: DEQ rulemaking:Air Quality 


As a long time Idaho citizen, I am concerned with government policy on air quality. Already Boise and other valley 

air is polluted by carbon emissions as well 

as high particulate matter that is harmful to citizens health. Coal fired plants and mercury emissions into our air 

and ground water will be devistating to our quality of life. 

Please opt out of the Mercury cap and trade program. Keep Idaho GREEN!!! 

Cargie Aitchison 

-


11/03/2006 

Page 1 of t 

Paula Wilson 

- From: Miguel lopez [miglopez@quepasa.com] 

Sent: Friday, November 03,20069:27 AM 

To: Martin Bauer 

Subject: DEQ and the cap and trade program 

Dear Mr. BauerPlease continue to keep us out ofthe mercury cap and trade program. Do not let the special interests and 

power companies bully us into opting in. 

Please keep us out of the program. The public response to the proposed Jerome coal plant should make 

Idahoans opinions clear. 

Miguel Lopez 

-


11101/200(\ 

Page t of t 

- Paula Wilson 

From: Martin Bauer 


Sent: Friday, November 03,2006 10:30 AM 


To: Paula Wilson 


Subject: FW: Cap and Trade program program 


From: Eric Wingard [mailto:ericwingard@gmail.com] 


Sent: Friday, November 03,20069:22 AM 


To: Martin Bauer 


Subject: Cap and Trade program program 


HelloI've heard the power companies are still trying to get up to opt in to the program. I thought that had 

been settled. 

Please continue to keep Idaho OUT of the program. 

- Thanks, 


Eric Wingard 


? 
 0(\
Page 1 of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03, 2006 10:26 AM 

To: Paula Wilson 

Subject: FW: Idaho mercury cap 

From: Angie Thompson [mailto:angela_thompson@ategooding.com] 


Sent: Friday, November 03,20068:39 AM 


To: Martin Bauer 


SUbject: Idaho mercury cap 


Dear Sir, 

I would like my position known on Idaho's participation in the federal mercury program. I strongly feel we should 

opt out of the federal program and implement our own standards. As part of the federal program, Idaho can take 

excess mercury to lower other states requirements. Just because we have less people in our state, the federal 

government seems to think they can poison our lands and our people. This is a beautiful state and we are 

already struggling with health issues in our children. Arsenic and mercury are already problems in the Magic 

Valley area; please help us to keep that from getting worse. Less mercury is needed here and we need set 

guidelines from our state government to assist us with this. 

Please vote to keep Idaho out of the federal program and help us to set realistic limits. /­

\ 

Thank you. 

Angela Thompson 

Gooding, Idaho 

208-539-1268 

11103/2006 

Page 1of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03, 2006 10:23 AM 

To: Paula Wilson 

Subject: FW: Trade off 

From: Karl Klelnkopf [mailto:kkleinkopf@csl.edu] 


Sent: Friday, November 03,20067:41 AM 


To: Martin Bauer 


Subject: Trade off 


Please keep Idaho out of the Mercury Cap trade off program. Idaho is too great to be controlled by SEMPRA and 


the major power companies. 


By staying out of the trade off program. Idaho can help to keep its' air and waters clean. Thank you. 


Karl Kleinkopf 


Professor of Health Education 


College of Southern Idaho 


-


11/03/2006 

Paula Wilson 

.:,.;...... From: 

3ent: 

To: 

Subject: 

Martin Bauer 

Thursday, November 02, 2006 11 :39 AM 

Paula Wilson 

FW: Idaho should opt out of the mercury cap and trade program! 

-----Original Message----­

From: lee [mailto:silverchest@halpersmith.myrf.net] 


Sent: Thursday, November 02, 2006 10:50 AM 


To: Martin Bauer; Joan Cloonan: Craig Harlen; Marti Calabretta; Donald Chisholm; 


marguerite mclaughlin; Nick Purdy; toni hardesty 


Cc: bill chisholm; Bob & Judy Wright; bob & marilyn rogero; carolyn elexpurui cashia 


brown; charlie lenkner; claudia haynes; dan and barb moon; Dan Helm; della johnson; denise 


cooley; dick parrott; Ginny Gunn email; heidi olson; larry fendell; jane andrew; Jerry 


Jayne; jo kirkpatrick; tom draper; jones; justin hayes; Leah Humes; monica; max hatfield; 


mike ihler; diana obenauer public; rachael osborn: craig; jerald gefre; wendy jaquet; 


donna pence; clint stennett; terrell williams; Bert Redfern: alma hasse: Peter Rickards; 


doug elgan2; Marj Schmidt; Karen Arkoosh; Patsy Banning; kathleen tanaka; ralph 


friedemann; Doug Elgan; mike stone; heidi olson; Charles Parker; Sylvia Dill; terry hall; 


maggie: Jim&Cindy Lohmann; teresa perron; Cheri Condie; John Schmidt; DeeAnn Scott; 


LaVerna&Mel; bruce & patsy peton; max casebeaux; terry hall; Doug Etten; Christi Bush: 


Cheri Condie; Galaviz Sonia; vernita talbott; ralph friedemann; Terry&Jan Ganguet; 


Diane£Coral Holley.; Hugh Feiss; Jim&Cindy Lohmann; Brooke&Ponch Borrayo; Patsy Banning; 


LaVe.Llia&Mel; Patsy Banning; LaVerna&Mel; heidi olson; Sylvia Dill; Maria rebollozo; xenia 


williams; Nils Ribi 


Subject: Idaho should opt out of the mercury cap and trade program! 


~'EQ Board, Director and Mr. Bauer, 

As you may have seen yesterday, Canada is pushing forward with action to get EPA to force 

United States coal plants to drastically reduce their emissions that harm the health and 

environment of their Country. It's the first step allowed by the Clean Air Act to 

directly sue the coal plants. We don't n~ed this kind of hassle or expense but it may 

affect us anyway since Idaho Power could be affected, as well. That, of course, would 

mean higher rates which we'll have to pay. 

http://jurist.law.pitt.edu/paperchase/2006/11/canadian-cities-petition-epa-to-reduce.php 

The Treasure Valley air is fast becoming like that of Los Angeles and the Magic Valley is 

taking days of wind and rain to clean the haze, if at all. The foundation of life given 

to us by our Creator is clean air and water to grow clean food and to live a clean life. 

How anyone can even contemplate destroying that gift is beyond my comprehension especially 

when Idaho has so many alternatives to coal. 

The most basic of civil rights is the right to life and any action that harms that right 

is a civil action that could be pursued in Federal Court, immunities be gone. If Idaho 

"representatives" want that kind of action by Opting In to the mercury cap and trade 

program, it will happen as that mechanism is already set up. 

by Opting Out and staying out as per the promises made by our 

will of the people, whoever he may be. Thank you. 

Keep 

next 

Idaho what 

Governor r

we 

efle

all love 

cting the 

Lee Halper 

331 S 230 W 

Jerome, ID 83338 

.-' 


1 
Page 1 of 1 

Paula Wilson - From: Martin Bauer 

Sent: Thursday, November 02, 2006 11 :25 AM 

To: Paula Wilson 

Subject: FW: mercury cap and trade 

From: ralph friedemann [mailto:fried@woodpecker.myrf.net] 


Sent: Thursday, November 02,200611:01 AM 


To: lee; Martin Bauer; Joan Ooonan; Craig Harlen; Marti Calabretta; Donald Chisholm; marguerite mclaughlin; 


Nick Purdy; toni hardesty 


Cc: bill chisholm; Bob & Judy Wright; bob & marilyn rogero; carolyn elexpuru; cashla brown; charlie lenkner; 


claudia haynes; dan and barb moon; Dan Helm; della johnson; denise cooley; dick parrott; Ginny Gunn email; 


heidi olson; larry fendell; jane andrew; J~ Jayne; jo kirkpatrick; tom draper; jones; justin hayes; Leah Humes; 


monica; max hatfield; mike ihler; diana obenauer public; rachael osbOrn; craig; jerald gefre; wendy jaquet; donna 


pence; clint stennett; terrell williams; Bert Redfern; alma hasse; Peter Rickards; doug elgan2; Malj Schmidt; 


Karen Arkoosh; Patsy Banning; kathleen tanaka; Doug Elgan; mike stone; Charles Parker; Sylvia Dill; terry hall; 


maggie; Jim&Ondy Lohmann; teresa perron; Cheri Condie; John Schmidt; DeeAnn Scott; LaVerna&Mel; bruce & 


pats, peten; max casebeaux; Doug Etten; Christi Bush; Galaviz Sonia; vernita talbott; Terry&Jan Ganguet; 


Diane&Coral Holley; Hugh Feiss; Brooke&Ponch Borrayo; Maria rebollozo; xenia williams; Nils Ribi 


SUbject: mercury cap and trade 


Idaho DEQ: ­ Please don't opt into the cap and trade program. Please don't even consider a partial cap and trade. Gov. Risch 

said no, over 7000 signatures from Idaho are saying no, and with the warming of our climate the State of Idaho 

could be the leader 

in saying no to mercury emissions. PLEASE, opt out of cap and trade forever. This would mean no coal-fired 

plants in our state. 

Ralph and Judy Frledemann 

361 North 300 East 

Jerome, Idaho 83338 

208-324-3441 

11/03/2006 

Paula Wilson 

I:rom: Martin Bauer 

Jent: Thursday, November 02, 2006 11 :25 AM 

To: Paula Wilson 

Subject: FW: Mercury Cap &Trade 

-----Original Message----­

From: Hugh Feiss [mailto:hughf@idahomonks.org] 


Sent: Thursday, November 02, 2006 10:38 AM 


To: Martin Bauer 


Subject: Mercury Cap & Trade 


Dear Mr. Bauer, 

I was stunned to hear (I hope erroneously) that DEQ Idaho is considering opting into the 

mercury cap-and-trade program. Thousands of us here in the Magic Valley worked and 

petitioned to get Sempra Energy not to build a power plant in our area, primarily because 

of all that is being learned about the dangers of mercury. As you know, almost every week 

another study appears showing the bad effects of mercury on developing fetuses and, more 

recently, on wildlife. Quite apart from mercury, coal fired power plants are a major 

comtributor of carbon dioxide and other green house gases, including pollutants which 

contribute to acid rain and smog. The news this morning told of a lawsuit from Canadian . cities-. demanding ttlat US coal-fired plants· stop. polluting. Any~a.y, I and many others here 

have sLudied the issues and listened to the· presentations by various power companies 

locally and to the legislature. We are convinced that there is no justification for 

building coal-fired power plants anywhere in the United States. If there ever came a need , for Idaho to opt into the program, we will be able to do so. Right now there is no need. ~ f the mercury cap-and-trade program is in place and power companies can stick to the 

3tatus quo, there is no economic incentive for the industry and their supporters to 

perfect other forms of energy production. Idaho has a chance to be a leader in what is 

increasingly becoming a serious national and global concern--highly polluting forms of 

energy production that have extremely serious effects on health and climate. 

Governor Risch made the right decision to opt out of mercury-cap-and-trade, and Jerry 

Brady seems determined to continue his policy, should he be elected. This is no time to 

opt in to a flawed program, and thereby eliminate one of the few obstacles in the way of 

coal-fired power plants being built in Idaho. 

(Rev. Dr.) Hugh Bernard Feiss 


541 East--100 South 


Jerome, 1D 83338 


1 
Paula Wilson 

From: Martin Bauer 

Sent: Thursday, November 02, 2006 11 :39 AM - To: Paula Wilson 

Subject: FW: Idaho should opt out of the mercury cap and trade programl 

-----Original Message----­

From: jkirk [mailto:jkirk@spro.net] 


Sent: Thursday, November 02, 2006 11:08 AM 


To: lee; Martin Bauer; Joan Cloonan: Craig Harlen; Marti Calabretta; Donald Chisholm; 


marguerite mclaughlin: Nick Purdy; toni hardesty; Joanna 


Cc: bill chisholm; Bob & Judy Wright; bob & marilyn rogero; carolyn elexpuru; cashia 


brown: charlie lenkneri claudia haynes; dan and barb moon; Dan Helm; della johnson; denise 


cooley; dick parrott; Ginny Gunn email; heidi olson; larry fendell; jane andrew; Jerry 


Jayne; tom draper; jones; justin hayes; Leah Humes; monica; max hatfield; mike ihler; 


diana obenauer public; rachael osborn; craig; jerald gefre; wendy jaquet; donna pence; 


clint stennett; terrell williams; Bert Redfern; alma hasse; Peter Rickards; doug elgan2; 


Marj Schmidt; Karen Arkoosh: Patsy Banning; kathleen tanaka; ralph friedemann; Doug Elgan; 


mike stone; Charles Parker: Sylvia Dill; terry hall; maggie; Jim&Cindy Lohmann; teresa 


perron; Cheri Condie; John Schmidt: DeeAnn Scott: LaVerna&Meli bruce & patsy peton: max 


casebeauxi Doug Etten; Christi Bush; Galaviz Sonia; vernita talbott; Terry&Jan Ganguet; 


Diane&Coral Holley; Hugh Feiss: Brooke&Ponch Borrayoi Maria rebollozOi xenia williams; 


Nils Ribl 


Subject: Re: Idaho should opt out of the mercury cap and trade program! 


I was in Twin Falls in late October and was simply appalled and amazed by the heavy air 


pollution-smog. Worse than I've seen in Boise most of the time. obviously a big inversion 


was 

You 

over 

guys 

Twin, 

have auto-emission 

but how about 

checks 

auto-emissions? 


there? 
 - Jo 


----- Original Message ----­ From: "lee" <silverchest@halpersmith.myrf.net> 


To: <martin.bauer@deq.idaho.gov>i "joan cloonan" <jcloonan@mindspring.com>; "craig 


harlen" <harlen55@intermaxnetworks.com>; "marti calabretta" 


<calabrettas@hotmail.com>; "donald chisholm" <CHISHOLM@pmt.org>: "marguerite mclaughlin" 


<mpmclaughlin@orofino-id.com>: "nick purdy" 


<npurdy@earthlink.net>; "toni hardesty" <thardest@deq.state.id.us> 


Cc: "bill chisholm" <chisholm3@mindspring.com>: "Bob & Judy Wright" 


<bojuwr@mindspring.com>: "bob & marilyn rogero" <rcrogero@aol.com>; "carolyn elexpuru" 


<celexpuru@hotmail.com>: "cashia brown" <cashia@gobigwest.com>; "charlie lenkner" 


<idared@cow.myrf.net>; "claudia haynes" 


<claudialee3@aol.com>; "dan and barb moon" <dbmoon@onewest.net>: "Dan Helm" 


<jdhelm@aol.com>; "della johnson" <dondel5@highstream.net>; "denise cooley" 


<yelooc@aol.com>; "dick parrott" <ofarm@lightcom.net>; "Ginny Gunn email" 


<gunner@filertel.com>; "heidi olson" <olson_heidi@hotmail.com>; "larry fendell" 


<lgfendell@nwinfo.net>i "jane andrew" <janea@ltlink.com>i "Jerry Jayne" <gajwild@srv.net>; 


"jo kirkpatrick" <jkirk@spro.net>; "tom draper" 


<draper2209@earthlink.net>; "jones" <jj_jj_03@yahoo.com>; "justin hayes" 


<jhayes@wildidaho.org>; "Leah Humes" <lhumes@fwwatch.org>; "monica" 


<monica@pmdm.myrf.net>; "max hatfield" <H3trifly@aol.com>; "mike ihler" 


<ieeeeee@pmt.org>; "diana obenauer public" <dlobenauer@msn.com>; "rachael osborn" 


<rdpaschal@earthlink.net>; "craig" <cslane@filertel.com>; "jerald gefre" 


<jgefre@nwinfo.net>; "wendy jaquet" <wendyjaquet@yahoo.com>j "donna pence" <donnapence25 


@msn.com>; "clint stennett" 


<clintstennett@earthlink.net>; "terrell williams" 


<terrellwilliams@yahoo.com>; "Bert Redfern" <bertiliar@msn.com>; "alma hasse" 


<StarGalaxyLady@msn.com>; "Peter Rickards" <niftyl@cableone.net>; "doug elgan2" 


<dwelgan@yahoo.com>; "Marj Schmidt" <schmidtm@mindspring.com>; "Karen Arkoosh" 


<karkoosh@hotmail.com>; "Patsy Banning" 


1 
<pattap50@yahoo.com>; "kathleen tanaka" <tanakaldrich@onewest.net>; "ralph friedemann" 


<fried@woodpecker.myrf .net>; "Doug Elgan" . 


<dlelgan@wmconnect.com>; "mike stone" <mstone@mikeystone.com>; "heidi olson" 


<olson heidi@hotmail.com>; "Charles Parker" <cwparker@starband.net>; "Sylvia Dill" 


r--pickles58@msn.com>; "terry hall" <tkhaI148@hotmail.com>; "maggie" 

.mlepies@cableone.net>; "Jim&Cindy Lohmann" <jclohmann@msn.com>; "teresa perron" 

<lperron@onewest.net>i "Cheri Condie" <plectrumidaho@hotmail.com>; "John Schmidt" 

<jschmidt06@gmail.com>; "DeeAnn Scott" <scottl@cableone.net>; "LaVerna&Mel" <bunnyw8111 

@aol.com>; "bruce & patsy peton" 

<patsypeton@peoplepc.com>; "max casebeaux" <ceei@cox.net>; "terry hall" 

<tkhaI148@hotmail.com>; "Doug Etten" <doc n bo@hotmail. com>; "Christi Bush" 

<peaceful breeze@hotmail.com>; "Cheri Condie" <plectrumidaho@hotmail.com>; "Galaviz 

Sonia" <soniagalaviz@yahoo.com>; "vernita talbott" 

<tvtalbott22@yahoo.com>; "ralph friedemann" <fried@woodpecker.myrf.net>; "Terry&Jan 

Ganguet" <ganguet@onewest.net>; "Diane&Coral Holley" 

<bandhcalfranch@onewest.net>; "Hugh Feiss" <hughf@idahomonks.org>; "Jim&Cindy Lohmann" 

<jclohmann@msn.com>; "Brooke&Ponch Borrayo" 

<brookeb@onewest.net>; "Patsy Banning" <pattap50@yahoo.com>; "LaVerna&Mel" 

<bunnyw8111@aol.com>; "Patsy Banning" <pattap50@yahoo.com>; "LaVerna&Mel" 

<bunnyw8111@aol.com>; "heidi olson" <olson heidi@hotmail.com>; "Sylvia Dill" 

<pickles58@msn.com>; "Maria rebollozo" <maria4@pmt.org>; "xenia williams" 

<xeniawilliams@webtv.net>; "Nils Ribi" <nils@nilsribi.com> 

Sent: Thursday, November 02, 2006 10:49 AM 

Subject: Idaho should opt out of the mercury cap and trade program! 

> DEQ Bo"ard, Director and Mr. Bauer, 

> 

> As you may have seen yesterday, Canada is pushing forward with action 

> to get EPA to force United States coal plants to drastically reduce 

> their emissions that harm the health and environment of their Country. 

> It's the first step allowed by the Clean Air Act to directly sue the coal plants. 

> We don't need this kind of hassle or expense but it may affect us {~ anyway since Idaho Power could be affected, as well. That, of course, 

would mean higher rates which we'll have to pay. 


> http://jurist.law.pitt.edu/paperchaseI2006/11/canadian-cities-petition 


> -epa-to-reduce.php 


> 

> The Treasure Valley air is fast becoming like that of Los Angeles and 

> the Magic Valley is taking days of wind and rain to clean the haze, if at all. 

> The foundation of life given to us by our Creator is clean air and 

> water to grow clean food and to live a clean life. How anyone can 

> even contemplate destroying that gift is beyond my comprehension 

> especially when Idaho has so many alternatives to coal. 

> The most basic of civil rights is the right to life and any action 

> that harms that right is a civil action that could be pursued in 

> Federal Court, immunities be gone. If Idaho "representatives" want 

> that kind of action by Opting In to the mercury cap and trade program, 

> it will happen as that mechanism is already set up. Keep Idaho what 

> we all love by Opting Out and staying out as per the promises made by 

> our next Governor reflecting the will of the people, whoever he may be. Thank you. 

> 

> Lee Halper 


> 331 S 230 W 


> Jerome, ID 83338 


> 


> 


> 


> 


> 


> No virus found in this incoming message. 


> Checked by AVG Free Edition . 
 .~ Version: 7.1.409 1 Virus Database: 268.13.23/513 - Release Date: 


11/2/2006 


> 


> 


2 
Paula Wilson 

From: Martin Bauer -
 Sent: Thursday, November 02,200612:08 PM 

To: Paula Wilson 

Subject: FW: opt out of mercury trade program 

-~---Original Message----­

From: DIANA OBENAUER [mailto:dlobenauer@msn.com] 

Sent: Thursday, November 02, 2006 11:48 AM 

To: Martin Bauer 

Subject: opt out of mercury trade program 

I am writing to you to ask that you do everything in your power to keep Idaho out of the 

Mercury trade program. Who devised this stupid program in the first place and who gives 

government the right to trade away our individual health of its citizenry. Do the right 

thing for the right reasons here and keep Idaho Green and clean. 

Diana Obenauer 

Jerome, Idaho 

-


-


1 
Paula Wilson 

(~From: Martin Bauer 

Sent: Thursday, November 02,2006 2:20 PM 

To: Paula Wilson 

Subject: FW: OPT OUT ALREADY 

-----Original Message----­

From: jeremy fryberger [mailto:fryberger@sunvalley.net] 

Sent: Thursday, November 02, 2006 2:11 PM 

To: Martin Bauer 

Subject: OPT OUT ALREADY 

Martin, 

Roughly one year ago, DEQ received hundreds of comments opposing the idea of Idaho joining 

the Cap & Trade program. Following that, the idea of permitting coal-fired power plants in 

Idaho created more public opposition than this state has ever seen. As a result, 

legislators enacted a 2-year moratorium on any coal plants. Following that, Governor Risch 

directed DEQ to opt out of Cap & Trade. And finally, both front-running candidates for 

Governor have stated that they won't change Risch's direction. What more do you need? Quit 

wasting our time and get to work. OPT OUT ALREADY! 

Jeremy Fryberger 

603 Wood River Drive 

Ketchum, 10 83340 

(218) 728-2969 

-


1 
Paula Wilson 

From: Martin Bauer 

Sent: Thursday, November 02, 2006 2:21 PM 

To: Paula Wilson 

Subject: FW: OPT OUT OF THE CAP&TRADE PROGRGAM 

-----Original Message----­

From: Kelly Feldman [mailto:kfeldman@durance.com] 


Sent: Thursday, November 02, 2006 2:06 PM 


To: Martin Bauer 


Subject: OPT OUT OF THE CAP&TRADE PROGRGAM 


Dear Mr. Bauer, 


Please Opt OUT of the cap & trade program. Idaho is and always should be mercury free. 


Why would we allow mercury in our communities when we know the negative health effects? 


There are other alternatives to coal-fired power plants. 


Please listen to the people who live, work and raise their children in the communities 


impacted by the proposed coal plants rather than businesses like Sempra and power 


companies to whom we are merely a nameless, faceless source of income. 


Thank you for doing what is right and opting OUT of the Cap & Trade program. 


Kimberly Feldman 


PO Box 2396 


Ketchum, ID 83340 


-

1 
Page 1 of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Thursday, November 02.2006 2:25 PM 

To: Paula Wilson 

Subject: FW: Opt Out 

From: Michael Browne [mailto:mbrowne@brownepartners.com] 

Sent: Thursday, November 02, 2006 2:01 PM 

To: Martin Bauer 

SUbject: Opt Out 

Dear Mr. Bauer, 

Please Opt OUT ofthe cap & trade program. Idaho is and always should be mercury free. Why would 

we allow mercury in our communities when we know the negative health effects? There are other 

alternatives to coal-fired power plants. 

Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you. 

-

Page I of I 

Paula Wilson - From: Martin Bauer 

Sent: Thursday, November 02,2006 2:26 PM 

To: Paula Wilson 

Subject: FW: Cap &Trade 

From: Lisa Griffith [mailto:llsa@sunvalley1.com] 

Sent: Thursday, November 02, 2006 1 :48 PM 

To: Martin Bauer 

SUbject: cap &. Trade 

Please Opt OUT ofthe cap & trade program. Idaho is and always should be mercury free. Why would 

we allow mercury when we know the negative health benefits. There are other alternatives to coal-fired 

power plants. 

Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you for doing what is right. 

Lisa Griffith 

PO Box 73 

225 S. Aspen Dr. 

Ketchum,lD 83340 

208-727-0070 

lisa@sunvaUey1.com 

11/03/2006 

.­
Paula Wilson 

(:-.From: Martin Bauer 

3ent: Thursday, November 02, 2006 2:27 PM 

To: Paula Wilson 

Subject: AN: MERCURY PROGRAM 

-----Original Message----­

From: XENIA WILLIAMS [mailto:xeniawilliams@webtv.net] 


Sent: Thursday, November 02, 2006 2:17 PM 


To: Martin Bauer 


Subject: MERCURY PROGRAM 


IDAHO NEEDS TO OPT OUT OF THE CAP AND TRADE PROGRAM. WE DON'T NEED ANY 

MORE POLLUTION. DON'T LET IDAHO POWER AND THE COAL FIRED PLANTS RUIN 

THIS STATE. 

LATER ON IF IT IS ABSOLUTELY ESSENTIAL THE STATE CAN OPT IN, BUT IF YOU 

OPT IN NOW WE CAN'T OPT OUT LATER. COMPLICATED BUT IDAHO SHOULD PROTECT 

IDAHO NOW. 

THANK YOU. 

1 
Page 1 of 1 

Paula Wilson 

- From: Martin Bauer 

Sent: Thursday, November 02, 2006 2:28 PM 

To: Paula Wilson 

Subject: FW: Mercury Cap and Trade 

From: Kathleen Aldrich [mailto:Tanakaldrich@mindspring.com] 

Sent: Thursday, November 02,2006 1:17 PM 

To: Martin Bauer 

SUbject: Mercury Cap and Trade 

Dear mr. Bauer, 

We would like once again to go on record asking you and the entire board of the DEQ to opt Idaho out of the 

Mercury Cap and Trade Program, forever. As we see everyday in the news, coal-fired energy generation is not a 

viable option; more and more citizens are becoming aware of just how dangerous mercury emissions are to all of 

us. The demand and support for cleaner options are loud and clear. We would like Idaho to be in the forefront of 

pursuing those options and making them available asap. Idaho could certainly lead in producing wind power, 

solar power and methane generated power. The handwriting is on the wall; it is past time to develop sustainable 

and clean sources of power. It is time to make certain that companies like SEMPRA will never gain a foothold in 

our state to produce coal-fired energy. 

Sincerely, 

William and Kathleen Tanaka 

P.O. Box 648 

Shoshone, 1083352 

11103/2006 

Page I of I 

Paula Wilson (,..;..., 

From: Martin Bauer 


Sent: Thursday, November 02, 2006 2:40 PM 


To: Paula Wilson 


Subject: FW: CAP AND TRADE ISSUE 


-. 


From: lee [mailto:silverchest@halpersmith.myrf.net] 


Sent: Thursday, November 02,2006 12:53 PM 


To: Martin Bauer 


Cc: bill chisholm; Bob &. Judy Wright; bob &. marilyn rogero; carolyn elexpuru; cashia brown; charlie lenkner; 


daudia haynes; dan and barb moon; Dan Helm; della johnson; denise cooley; dick parrott; Ginny Gunn email; 


heidi olson; larry fendeJl; jane andrew; Jerry Jayne; jo kirkpatrick; tom draper; jones; justin hayes; Leah Humes; 


monica; max hatfield; mike ihler; diana obenauer public; rachael osborn; craig; jerald gefre; wendy jaquet; donna 


pence; clint stennett; terrell williams; Bert Redfern; Chris Steinbach; David Cooper; dan popkey; alma hasse; . 


Peter Rickards; doug elgan2; Marj Schmidt; Karen Arkoosh; Patsy Banning; kathleen tanaka; ralph friedemann; 


Doug Elgan; mike stone; heidi olson; Charles Parker; Sylvia Dill; terry hall; maggie; Jim&'Ondy Lohmann; teresa 


perron; Cheri Condie; John Schmidt; DeeAnn Scott; LaVerna&MeI; bruce &. patsy peton; max casebeaux; terry 


hall; Doug Etten; Christi Bush; Cheri Condie; Galaviz Scinia; vernita talbOtt; ralph friedemann; Terry&Jan 


Ganguet; Diane&.Coral Holley; Hugh Felss; Jlm&.Cindy Lohmann; Brooke&Ponch Borrayo; Patsy Banning; 


LaVerna&MeI; Patsy Banning; LaVerna&Mel; heidi olson; Sylvia Dill; Maria rebo/Iozo; xenia williams; Nils Ribi; laird 


noh; Bill Block; Joan Ooonan; Craig Harlen; Marti calabretta; Donald Chisholm; marguerite mclaughlin; Nick 


Purdy; tom mikesell 


SUbject: CAP AND TRADE ISSUE 


Martin, it is my understanding that comments on the mercury cap and trade program have been 

submitted by Sempra to DEQ. Please reply all ifthis is correct, or not. 

If Sempra is involved at your level, it means they are wanting to be involved back in Jerome and are 

probably hoping that Proposition 2 passes and that anyone but Jerry Brady gets elected Governor. Here 

in Jerome, the main proponents of Sempra are pushing candidates for County Commissioner whose past 

actions have proven them amenable to Sempra's proposed plant and are spending lots ofmoney for 

signs, fliers, newspaper ads, phone callers, et cetera. 

Thanks for your reply all in advance. 


Lee Halper 

Page 1 of 1 

Paula Wilson -. 

From: Brian Johnson [bjohn499@msn.com1 

Sent: Thursday, November 02, 2006 2:32 PM 

To: Paula Wilson 

Subject: comments on 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

I strongly support the Proposed Rule to opt out of the federal cap and trade program for mercury 

emissions and prohibit the construction of any EGU that would emit mercury. This rule will 

help Idaho to protect the health and welfare of our citizens. The negative effects of mercury on 

children is well documented and this rule will help limit the release of further mercury into the 

envi ron ment. 

Brian Johnson 

480 Sunridge Dr 

Jerome, 10 83338 

111011200(} 
Page I of I 

Paula Wilson 

From: Martin Bauer 

Sent: Thursday, November 02,2006 3:04 PM 

To: Paula Wilson 

Subject: FW: OPT OUT! 

From: Debbie Bacca [mailto:debbiebacca@yahoo.com] 

Sent: Thursday, November 02,2006 2:43 PM 

To: Martin Bauer 

SUbject: OPT OUTI 

Dear Mr. Bauer, 


Please Opt OUT ofthe cap & trade program. Idaho is and always should be mercury free. Why would 


we allow mercury in our communities when we know the negative health effects. There are other 


alternatives to coal-fired power plants. 


Please listen to the citizens rather than businesses like Sempra and power companies. 


Thank you for doing what is right. 

Debbie Johnston-Bacca 

PO Box 3848 

Ketchum, ID 83340 

Cheap Talk? Check out Yahoo! Messenger's low PC-to-Phone callrates. 

I I 

Paula Wilson 

From: vernita talbott [Malbott22@yahoo.com] 

Sent: Thursday. November 02, 20064:50 PM 

To: Martin Bauer 

Subject: Opting out of the Mercury Cap and Trade 

Dear Mr. Bauer, 

As members of the CHIC (Coalition for Healthy Idaho 

Communities) of Gooding, Idaho, we ask you to NOT Opt into the Mercury Cap and Trade 

Program. We've worked hard to keep coal fired power plants out of Idaho so we can have a 

healthy place for our children and grandchildren to live. Opting into the Mercury program 

would open the door for these dirty power plants to come in. We still do not have any 

siting laws and ways to control such operations. Please OPT OUT of the Mercury Cap and 

Trade program as Governor Risch chose to do this past Summer. Thank you. 

Ted and Vernita Talbott 

917 Justice Grade 

Hagerman, Idaho 83332 

(208) 837-4796 

Access over 1 million songs - Yahoo! Music UnJimited 

(http://music.yahoo.com/unlimited) 

-. 

1 
Paula Wilson 

';;;.-~rom: Tom Hamed [tomhamed@cQx.net] 

( ;ent: Thursday, November 02, 2006 4:36 PM 

To: Martin Bauer 

Subject: Opting Out 

Mr. Bauer, 

As a concern citizen of Idaho I respectfully request that you please Opt OUT of the cap & 

trade program. Idaho is and always should be mercury free. Why would we allow mercury when 

we know the negative health benefits. There are other alternatives to coal-fired power 

plants. 

Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you for doing what is right. 

Tom Harned 


PO Box 180 


Ketchum, ID 83340 


208-720-7297 


tomharned@cox.nE't 


1 
Page 1 of 1 

Paula Wilson 

From: Claudialee3@aol.com 

Sent: Thursday, November 02,20064:30 PM 

To: Martin Bauer 

Subject: ref: Mercury Program 

Hi Mr. Bauer: 

Because of all the info I have read on Mercury and the damage it can do. 

Because of the health effects it has on fish, and people, I do Dot believe we 

should opt into the mercury program. 

Idaho should opt out of the mercury trade program. We should not allow 

any business that has shown such disregard for water, air, and all our great resources 

to do damage to Idaho. Sempra has shown in the past with all the facilities that 

they have put in a total disregard for resources. Do not allow this in Idaho. Please. 

Thank you, 

Claudia Haynes 

8830 Deersky Ranch Trail 

Nampa, Idaho 83686 

1110112000 

Page 1 of I 

Paula Wilson 

From: gcmillar [calmshen@tgrmoon.com] 

Sent: Thursday, November 02, 2006 5:51 PM 

To: Martin Bauer 

Subject: opt out 

Dear Mr. Bauer, 


Please Opt OUT of the cap & trade program. Idaho is and always should be mercury free. Why would 


we allow mercury in our communities when we know the negative health effects? There are other 


alternatives to coal-fired power plants. 


Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you for doing what is right. 

calmshen@tgrmoon.com 

Cal Millar 

P,O. BOl( 3222 

Ketchum, ID 

83340 

No virus found in this outgoing message. 


Checked by AVG Free Edition. 


Version: 7.1.409/ Virus Database: 268.13.241514 - Release Date: 111212006 


-


11103/2006 

Paula Wilson 

From: Darfin Baker [darlin@darlinsdarlins,com) 

Sent: Thursday, November 02, 2006 6:08 PM 

To: Martin Bauer 

Subject: Opt Out 

Dear Mr. Bauer, 


Please Opt OUT of the cap & trade program. Idaho is and always should be mercury free. 


Why would we allow mercury in our communities when we know the negative health effects. 


There are other alternatives to coal-fired power plants. 


Please listen to the citizens rather than businesses like Sempra and power companies. 


will always continue to support a mercury free Idaho. 


Thank you for doing what is right. 


Darlin J. Baker 

208-720-5626 

Darlin LLC 

1 

I 
Page I of 1 

Paula Wilson 

From: Peter and/or Jan Remmen [pjremmen@juno.com] 

Sent: Thursday, November 02, 2006 8:30 PM 

To: Martin Bauer 

Subject: Please Opt Out of the Mercury Cap and Trade Program 

Mr. Bauer and Member of DEQ 

It is critiacally important that DEQ follow the lead of Governor Risch and opt OUT of the Federal Mercury Cap & 

Trade Programl Thousands of us in the Magic Valley spent 1112 years of our time fighting Sempra's plans to 

build a polluting coal-fired power plant in Jerome County. The centerpiece of our opposition to Sempra was the 

potential for 'hot spot' mercury contamination in the Magic Valley, and the deleterious health effects that mercury 

would have upon present and future Idaho children and elderly persons. 

I am sure that DEQ is well aware of our efforts, and it is important that you know that all the people who rose up 

to oppose Sempra are keeping track of DEQs actions with regard to the mercurty cap and trade propgram. 

Please be sure to opt out of this program. 

Thank you, 

Peter Remmen, President 

Coalition for Healthy Idaho Communities 

1-208-837-4097 

11103/2006 
Page I ofl 

Paula Wilson 

From: Father Norbert Novak [norbert@idahomonks.org1 

Sent: Thursday, November 02,2006 8:47 PM 

To: Martin Bauer 

Subject: Mercury Cap and Trade Program 

DEQ, 

Idaho should continue to opt out of and stay out of the Mercury Cap and Trade Program. 

James Norbert Novak 

Father Norbert Novak, OSB 

Monastery of the Ascension 

541 E 100 S 

Jerome, 10 83338-5655 

208-324-2377 X210 norbert@idahomonks.org 

-


-


1 l1f111?OOh 
Page 1 of 1 

Paula Wilson (~. 

From: Bob Forster [forster@cableone.net] 

Sent: Thursday, November 02, 2006 9:01 PM 

To: Martin Bauer 

Subject: Hg cap and trade 

Dear Mr. Bauer. 

I am requesting that Idaho continue to "opt our of the Hg cap and trade issue. Idaho has not done its 

"homework" on coal fired power plants, does not know what the ramifications of having one in the state are, and 

would suffer greatly if one were built without adequate environmental considerations. Please do not allow 

yourself to be swayed by big business interests. Thank you. 

Bob Forster, PhD 


Twin Falls, 10 


11/03/2006 

.­
--

Page 1of I 

Paula Wilson 

From: TOM POOLE [poolee7@msn.com] 

Sent: Thursday, November 02,200610:01 PM 

To: Martin Bauer 

Subject: cap and trade 

Mr. Bauer, 

I am a citizen of Hailey, Idaho. The great state of Idaho should OPT OUT of the cap and trade 

program. 

Sincerely, 

Tom Poole 

-


1110112006 

Page 1 of 1 

Paula Wilson 

From: The Corneys [comeys@sunlink.net] 

Sent: Thursday, November 02,2006 10:26 PM 

To: Martin Bauer 

Subject: opt out of mercury program 

Dear Idaho Department ofEnvironmental Quality, 

I am expressing my support for Idaho to opt out ofthe Federal Mercury cap and Trade program. I have 

spent many hours in continuing education learning about our earth's rapid environmental changes. 

Without a doubt, our government needs to be the driving force behind a change in our nation's energy 

choices. It is simply unwise to develop any coal fired power plants and drive the planet into further 

climate change. Idaho needs to continue to discouraging power companies from coming to Idaho to 

create coal fired power plants by keeping our state's mercury emissions cap at O. 

Sincerely yours, 


Jill Corney 


Architect 


33 year resident ofIdaho 


( ­

11103/2006 

Page 1 of 1 

Paula Wilson 

From: rosscp3@cableone.net 


Sent: Friday, November 03, 2006 12:21 AM 


To: Martin Bauer 


Subject: cap & trade 


Sir 

I respectfully wish to remind you how important to the great state ofIdaho that we not opt in to the cap 

& trade program. . 

Idaho already has enough mercury problems in our waters & enviorment to allow more. 

Please support our people in voting no. 

Charles & Phyllis Ross 

260 South St. East 

Hagerman, Idaho 83332 

2088376005 

-

-


1 1 It)~ "'t)t)" 
Page 1 of 1 

Paula Wilson ('­

From: Regina B McArthur [reginamcarthur1973@msn.com] 

Sent: Thursday, November 02, 200611:38 PM 

To: Martin Bauer 

Subject: Mercury Cap and Opt Out 

I am a registered voter and live in Jerome County. Idaho. I feel strongly that the DEQ should opt OUT 

of the mercury program. I think there needs to be more research on this matter. I find it very suspect 

that the only entities who want Idaho to opt into the program do not live in Idaho. I will be closely 

watching the outcome of this matter, and I will make my feelings known via my right to vote. 

Regina B McArthur 


165 S 100 E 


Jerome, ID 83338 

"Living the ordinary Life in a non-ordinary way." 

-


1110112001\ 

Paula Wilson 

From: Susan C Worst [susanworst@juno.com] 

Sent: Friday, November 03, 2006 12:33 AM 

To: Martin Bauer 

Subject: OPT OUT please 

Dear Mr. BauerI 

I want to go on the record to say that Idaho should opt OUT of the mercury cap and trade. 

Please do everything you can to keep Idaho mercury free. Listen to the people, not the 

power companies. We don't want coal fired power plants here. Let's explore other options 

for energy so we can keep idaho free of the proven dangers wrought by mercury exposure. 

Thanks for reading this. 

Susan Worst 

1 
Page 1 of 1 

Paula Wilson 

r 


From: Beverley Robertson [bevertey1@mac.com] 


Sent: Thursday, November 02,2006 9:33 PM 


To: Martin Bauer 


Subject: PLEASE OPT OUT of Cap and Trade Programl 


Dear Mr. Bauer, 

Please opt ourofthe Cap & Trade Program. Idaho is and always should be mercury free. Why would 

we allow mercury in our communities when we know the negative health effects? There are other 

alternatives to coal-fired power plants. 

Please listen to the citizens rather than businesses like Sempra and power companies. 

Thank you for your consideration and for doing what is right. 

Beverley Robertson 

Ketchum,ID 
Page 1 ofl 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03,20068:26 AM 

To: Paula Wilson 

Subject: FW: 

From: Alma Hasse [mailto:stargalaxylady@msn.com] 

sent: Thursday, November 02, 2006 4:01 PM 

To: Martin Bauer 

Cc: silverchest@halpersmith.myrf.net 

Subject: 

Please consider this a fonnal request on behalf ofall the citizens ofthe great State of Idaho to opt out of 

the mercury cap and trade program. We want no part ofthis program!! 

Alma Hasse 

695-1556 -

111011?OOh 
Page 1 of 1 

Paula Wilson 

;..-­ ( 

From: Martin Bauer 

Sent: Friday. November 03.2006 8:27 AM 

To: Paula Wilson 

Subject: FW: Mercury Cap & Trade 

From: Michael looney (mailto:race117@msn.com] 


Sent: Thursday, November 02,200611:27 PM 


To: Martin Bauer 


Subject: Mercury cap & Trade 


Dear Sir- I am a registered voter and live in Jerome County. I urge you to opt out of the mercury 

cap & trade. I do not think enough study has been done about the negative impact this will have 

on Idaho. The people who seem to want us to opt into this do not even live in this State. 

Thank You, 

Michael looney 

165.5. 100 E. 

Jero'me, Idaho 83338 

(­
mercury Page 1 of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03,2006 10:12 AM 

To: Paula Wilson 

Subject: FW: mercury 

From: Mard Stimpson [mailto:marcis@sd314.k12.id.us] 

Sent: Friday, November 03,20068:36 AM 

To: Martin Bauer 

SUbject: mercury 

PLEASE, PLEASE, Opt out of the mercury agreement. Idaho is so unique - Yes we are the United States, but the 

rest of the country sometimes is so money minded that LIFE gets in the way - We love IDAHO for that reason 

(We are a rare state and love life) - Please OPT OUT - keep us different and special in a clean way. 

Marci Stimpson, Dietrich. IDAHO 

11103/2006 

Page 1of 1 

Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03,2006 10:14 AM 

To: Paula Wilson 

Subject: FW: Cap and Trade 

From: Tracy L'herisson [mailto:windandwater4@msn.com] 


Sent: Friday, November 03,20068:46 AM 


To: Martin Bauer 


Subject: Cap and Trade 


Dear Mr. Bauer, 

It has been several years since I got my degree in Botany and Ecology from the 

University of Utah. I am not a scientist, but I am a native Idahoan. My Grandfather 

help found the town of Jerome in Magic Valley where we all recently saw how 

profoundly the citizens of the area reacted to Sempra's purposed coal power plant. 

Where ever the "trade" is made to pollute we are damaging the air and land for 

r- ourselves and especially for future generations. This is just a shuffling about of potential 

\, dangers not a solution. 

There are so'many other ways to ease and even solve our energy problems that do 

not damage anyone, or anything of the present or for the future. 

Please consider opting out the Cap and Trade plan. 

Thank you for listening. 


Sincerely Yours, Tracy L' Herisson 


11103/2006 

.­
Paula Wilson 

From: Martin Bauer 

Sent: Friday, November 03, 20062:36 PM 

To: Paula Wilson 

Subject: FW: Opt Idaho OUT of Federal Cap & Trade Program 

-----Original Message----­

From: Cheri Condie (mailto:plectrumidaho@hotmail.com] 

Sent: Friday, November 03, 2006 2:35 PM 

To: Martin Bauer 

Subject: Opt Idaho OUT of Federal Cap & Trade Program 

Dear Mr. Bauer: 

This notice will serve as my request to be included in the public hearing comments for the 


IDEQ determination for mercury contamination in Idaho. 


Please request them to opt OUT of the National program, as it will be in Idaho's best 


interests. 


Thank you, 


Cheri Condie 


116 Key Hole Dr. 


Jerome, Idaho 8333B-S201 


208-644-6415 


http://movies.msn.com/movies/hotgossip?icid=T002MSN03A07001 

s goss -

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:Docket No. 

In re the Matter of :58-0101-0603 

58.01.01 - RULES FOR THE 

CONTROL OF AIR POLLUTION IN 

IDAHO 

-------------------------------x 

PUBLIC HEARING 

REPORTER'S TRANSCRIPT OF PROCEEDINGS 

Friday, November 3, 2006 

3:05 p.m. 

P.O. Box 1625 


605 West Fort Street 


Boise, 1083701 


Reported by Voice 208 345 3704 


DEBORA ANN KREIDLER Fax 208 345 3713 


CSR No. 274 
 Toll free 800 424 2354 


Web www.etucker.net 

E-mail info@etucker.net 

TUCKER 


and ASSOCIATES.

Court Reporters 

When excellence is an "hllo.atIAn 

COpy 

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APPEARANCES: 

HEARING OFFICER: 

LARRY F. WEEKS, Attorney at Law 

2308 North Cole Road, Suite C 

Boise, Idaho 83704 

(208) 377-2721 

FOR THE DEQ: 

PAULA WILSON, Hearing Coordinator 

PHYLLIS HEITMAN, Management Assistant 

STATE OF IDAHO 

OFFICE OF THE ATTORNEY 

GENERAL LAWRENCE G. WASDEN 

NATURAL RESOURCES DIVISION 

ENVIRONMENTAL QUALITY SECTION 

1410 North Hilton, 2nd Floor 

Boise, Idaho 83706 

(208) 373-04 

-

INDEX OF EXHIBITS 

EXHIBIT PAGE 

A Document submitted by Ms. Washburn 9 

B Document submitted by Ms. Flynn 9 

C Document submitted by Ms. Block 9 

D Document submitted by Mr. Miller 13 


E Sign-in roster 14 

Air PoUadoD III Idaho 	 11131%006 

Pap 1 

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:Docket No. 

4 In re the Matta- of :S8-0101-0603 

5 S8.01.01 -RULES FOR THE 

CONTROL OF AIR POLLUTION IN , IDAHO 

, x 

8 

, PUBUC HEARING 

10 REPORTER'S TRANSCRIPT OF PROCEEDINGS 

11 Friday, November 3, 2006 

12 3:0S p.m. 

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24 Reported by 

DEBORA ANN KREIDLER 

25 CSR No. 274 

Page 2 

1 APPBAR.ANCES: 

2 

3 HEARING OFFICER: 


4 LARllY F. WEEKS, Attorney at Law 


2308 North Cole Road. Suite C 


5 Boise, Idaho 83704 


(208) 377-2721 


6 


7 FOR 11fB DEQ: 


8 PAULA wn.SON, Hearinl Coordinator 


PHYlLIS HEITMAN, Management Assistant 

• 	 STATE OF IDAHO 


OmCE OF THE ATIORNEY 


10 GENERAL LAWRENCE G. WASDEN 


NATIJR.AL RESOURCES DIVISION 


11 ENVIRONMENTAL QUALrrY SECTION 


1410 North Hilton, 2nd Floor 


12 Boise, kIaho 83706 


(208) 373-04 


13 


14 

15 INDEX OF EXHmrrs 

16 EXHIBIT PAGE 

17 A Document submitted by Ms. Washburn 9 

18 B Document submitted by Ms. Flynn 9 

19 C Document submitted by Ms. Block 9 

20 D Document submitted by Mr. Miller 13 

21 E Sign-in roster 14 

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2 HEARING OmCER WEEKS: We'll be in 

3 session. 

4 Let the record show that rm Larry Weeks, 

5 the Hearing Officer appointed to conduct this 

6 procecdina. 

7 It's 3:05 p.m. on the 3td day of November 2006. 

8 This is the time and place set to receive oral 

9 comments on Proposed Air Quality Rule Docket 

10 58..()101-0603. Written comments will also be 

11 accepted at this hearing. 

12 We're in the DEQ Conference Center in 

13 Boise Idaho. The notice of this hcarinS appeared 

14 in the Idaho Administrative Bulletin, as required 

15 by Idaho Code Section 67-5221, on October 4th, 

16 2006. This publication was timely made, and all 

17 necessary notice requirements have been met. 

18 AU those interested pcnIODlI attendins 

1 9 this proceedins arc asked to sign in on the roster 

20 by the entrance indicatins the desire, ifany, to 

21 make an oral presentation. After a brief 

22 . statement made by DEQ summarizinS the proposed 

23 rule dockets - role docket, each person will be 

24 given an opportunity to comment on the proposed 

25 rule. Since these proceedings arc being recorded, 

Page 4 

I ask that those who make oral presentations state 


their name and provide the spelling ifnecessary. 


At this time, DEQ will make its statement 


on the proposed rule, and then I will caD upon 


persons who indicated on the roster that they 


would like to comment 


MS. HEITMAN: Thank you. 

Mr. Hearing officer, ladies and 

gentlemen, my name is Phyllis Heitman. I am the 

Management Assistant for the Idaho Department of 

Environmental Quality Air Quality Program. My 

testimony will briefly outline the proposed rule 

for Docket 58-0101-0603. 

Federal Law 40 CFR 60.24(h) requires the 

State of Idaho to submit a plan to EPA by November 

17, 2006 that ensures the State meets the Annual 

Coal Fired Electric Utility Steam Generating Unit 

Mercury Budget for the appropriate periods, and 

also requires electric generating units to comply 

with various monitoring recordkeeping and 

reporting provisions. 

As part of the plan, DEQ proposes a rule 

to opt out of. or not participate in, the Federal 

Cap and Trade Program for mercury emissions from 

electric generating units, codified at 40 CFR Part 

1 (Pag.. 1 to 4) 

Tucker and Associates, Boise, Idaho, (208) 345-3704 

www.etucker.net 
AIr PoRudoD Ia Idabo 111311006 

Page 5 

1 60, Subpart HHHH. Additionally, to meet the State 


2 of Idaho's zero budaet. DEQ proposes a rule that 


3 prohibits the construction of any electric 


• generating unit with mercury emissions. 


5 After consideration ofpublic comments, 


6 DEQ intends to present the final proposal to the 


7 Board of Environmental Quality in November 2006 


8 for adoption of a pending rule. This rule is 


9 expected to be final and effective upon the 


10 adjournment of the 2007 legislative session if 

11 adopted by the Board and approved by the 

12 Legislature. 

13 Thank you. 

U HEARING OFFICER WEEKS: Thank you, 

15 Phyllis. 

16 First, Courtney Washburn. 

17 MS. WASHBURN: Would you like me to stand 

18 or stay here or19 HEARING OFFICER WEEKS: You can sit as 

20 long as the Reporter can pick up what you're 

21 saying. 

22 MS. WASHBURN: Okay. My name is Courtn 

23 Washburn and I represent the Idaho Conservation 

24 League. And I will be very brief: 

25 The Idaho Conservation League.initiated 

Page 6 

1 the - well, we did a petition for rule making on 

2 this issue with 11 other groups. And I will 

3 submit that to be apart of the record just so 

4 it's in there. 

5 And then the Idaho Conservation League is 

6 supportive ofDEQ's proposed rules. which are 

7 consistent with the Governor's executive order. 

8 HEARING OFFICER WEEKS: Thank you. 

9 Do you wish to submit that today or .­

10 MS. WASHBURN: Mm~hmm, sure. If it's no 

11 already part of the record, sure. 

12 HEARING OFFICER WEEKS: In case it's no 

13 part of the record, Miss Washburn's document will 

14 be admitted as Exhibit A, multipage document -~ 

15 hundreds of pages. 

16 Leigh Flynn. 

17 MS. FLYNN: Yes. fm Leigh Flynn. And 

18 I'm rePresenting Conservation Voters for Idaho. 

19 And I just have a letter that I would 

20 submit. 

21 And just want to echo that Conservation Voters for 

22 Idaho also proposes -- or supports the proposed 

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Page 7 

Miss Flynn's document will be admitted as 

ExhibitB. 

Sharon Block, is it, or Black is it? 

MS. BLOCK: Block. 

HEARING OFFICER WEEKS: Miss Block. 

MS. BLOCK: Thank you. 

For the record, rm Sharon Block, State 

Representative District 24, Twin Falls County. 

And I serve as CbaUman of the Health and Welfare 

Committee in the House ofRepresentatives. 

I came bere today to speak for thousands 

ofpeople from the Magic Valley wbo were pleased 

to hear the Department of Envifonmental Quality's 

decision last June to opt out of the Mercury Cap 

and Trade Program. And the citizens ofMagic 

Valley were very gratified when they beard 

Governor Jim Risch announce his decision to opt 

out of the Mercury Cap and Trade Program. 

The day Governor Risch made his decision 

was a perfect setting for that announcement as all 

of the crowd gathered beside the beautiful Snake 

River Canyon with the clean air above and clean 

water below. It was very indicative of the fact 

that Idahoans value our clean air and clean water 

and clean environment. And it is a part ofour 

-


Page 8 

way oftife in southern Idaho. We value it not 


only for its aesthetics, but for the health and 


safety ofour children and families. 


We also value, and is very much an asset 

to Idaho, our productive crops, our beef and dairy 

operations and our aquaculture industry. These 

are all part of a thriving agricultural industry 

that depends upon a clean environment, both for 

productivity and for consumer confidence. We also 

value healthy environment for the health and 

safety ofour children and our families in the 

Magic Valley. 

This was the setting to which a coal 

fued power plant was proposed about a year ago, a 

coal fued power plant that would emit mercury and 

20 other harmful contaminants, according to a 

study of the Department of Health and Welfare. 

This coal ftred power plant was to be sited on top 

of our porous fractured basalt geology where 

thousands of tons ofcontaminated waste would be 

buried, eventually permeating contaminants into 

the pristine water of our Snake Plane aquifer. 

23 

24 

rule. 

HEARING OFFICER WEEKS: Thank you. 

23 

24 

A 600 megawatt coal fued power plant 

25 

bums - Ifyou want to -­ 300 Ions of coal every hour. That's 120 train 

2 (Page. 5 to 8) 

Tucker and Associatel. Boise. Idaho. (108) 345-3704 

www.etuc:ker.net 
Air PoUatto... Idaho ll13120t6 

Page 9 

1 cars ofcoal every other day. During the life of 

2 a project such as thai, a mountain of coal would 

3 be moved from Wyoming to Idaho. and a mountain 0 

C waste would be buried above our aquifer. 

5 I have bmu&ht. for the record. a 

6 collection ofpetition sianatures siped by 8,500 

1 people from the 

8 Magic Valley who oppose that plant, and who were 

9 pleased to hear of the opUna out ofthe Mercury 

10 Cap and Trade Pro8J'IIIL That decision protects our 

11 agriculture and our aquaeulture industry and the 

12 health and safety ofour citizens. 

13 As a representative ofthese people and 

14 many others, I request that the Department of 

15 Environmental Quality Board now approve the rules 

16 to opt out ofthe Federal Cap and Trade Program. 

11 Thank you. 

18 HEARING OFFICER. WEEKS: Thank you, 

19 Representative Block. 

20 Do you want to submit your statements as 

21 well as the petitions as an exhibit for the 

22 n:cordl" 

23 MS. BLOCK: I will submit the petitions 

24 and the report from the Department ofHealth and 

25 Welfare. which lists the possible contaminants 

p~ 11 

1 about our Ol'8anization. We continue to be very 

2 active. We have a board ofdirectors. And it's a 

3 very unique board ofdirectors. We have two 

4 Ph.D.'s. one is an agricultural scientist The 

5 other is an aquac:ultural scientist And also we 

6 have a retired professor ofplant pathology. We 

7 have two medical doctors. One is a suraeon. One 

8 is a retired family practice surgeon or family 

9 practice physician. They have done extensive 

10 research into mercury and have provided us with a 

11 10tofmfonnatioL 

12 We have two people who arc from the media 

13 and write articles for us. We have two licensed 

14 professional engineers. ofwhich I am. one of them, 

15 civil engineer and a mechanical engineer. We have 

16 two attorneys within our organizatioD that keep ua 

17 up to speed on the legal requirements and 

18 ramifications. 

19 And this committee or this board is very 

20 active and continues to be active. And as a 

21 result. the 

22 300 members·arc very supportive ofopting out. 

23 And we lcplesent those people. It's important to 

24 both our agriculture and our aquaculture. And as 

25 representative Block mentioned, not only from the 

Page 10 

1 from a coal fired power plant MercUI)' is among 

2 these. 'Ibere arc a lot ofothers as well. 

3 HEARING OFFICER. WEEKS: Okay. Whatever 

4 Representative Block wants to submit as an exhibit 

5 will be marked as a multipage Exhibit C. . 

6 We'll be offthe record for a moment 

1 while we mark exhibits. 

8 (Exhibits A through C were mar:ked for 

9 identification.) 

10 HEARING OFFICER. WEEKS: Bill Block. 

11 MR.. BLOCK: Thank you. 

12 My name, for the record. is Bill Block. 

13 That's B-1.-O-C-K. I am the president of Keep 

14 Magic Valley Magic, which is a Twin Fall~ County 

15 organization that was organized several years ago 

16 in response to the proposed Sempra Plan in Magic 

17 Valley. We currently have 300 plus members. And 

18 we have 12 people on our board of directors. 

1 9 We're an LLC corporation that operates under the 

20 Secretai)' of State in Idaho. We were very active 

21 during that period ofame. 

22 We fully and completely support the 

23 decision to opt out and the rules that opt Idaho 

24 out of the Mercury Cap and Trade. 

25 I'd like to tell you just a little bit 

Page 12 

1 standpoint ofour productivity, but from the 

2 standpoint ofus maintaining consumer confidence. 

3 We'veseea recently in California what 

4 happens when consmners become uncomfortable with 

5 agricultural products. with the E-coli outbreak. 

, So were very conscious ofthat. And mercury is a 

7 very big issue for us. And that's one of the 

8 reasons wdre supportive ofopting out 

Thank you. 

10 HEARING OFFICER WEEKS: Mr. Block, do you 

11 have any written comments you want to submit 

12 today? 

13 MR. BLOCK: No. 

HEARING OFFICER WEEKS: Could I ask, is 

15 your organization an ongoing organization, or is 

l' it around the single issue of the coal fired 

17 plant? 

18 MR. BLOCK: It is an ongoing 

19 organization. 

20 It's - we have one ofour attomeys that filed 

21 the papers with the Secretary ofState. It's 

22 active. Our board meets on an active basis. And 

23 then our general membership meets periodically. 

24 And so were fully engaged. 

25 Weve attended a lot of the meetings of 

3 (Page_ 9 to 12) 

Tucker and Associates, Boise, Idaho, (108) 345-3704 

www.etacker.net 
Air PoUudo. fa Idaho 1113/10M 

Page 13 


1 tho interim energy committee that tho 1 


2 legislature's been working on an encqy plan for 2 


3 statewide. We'll be very activo in that process, 3 


6 along with I fully expect we'll be testifying t 


S before tho legislature this coming sprin& not 5


• only on this rule, but on the interim energy plan 6 


7 as well. 7 


8 HEARING OFFICER WEEKS: Okay. Thank you, 8 


9 Mr. Block. 9 


10 MR. BLOCK; Thank you. 10 


11 HEARING OFFICER WEEKS: Ken Miller. 11 


12 MR. MILLER: Thank you. 12 


13 My name is Ken Miller. rm with the 13 


14 Northwest Energy Coalition. Wfire actually based 14 


15 in Seattle. I work here in Boise. I am an Idaho 15 


16 iepicsentatiVe. We work on encqy issues across 16 


17 the northwest. And I work on Idaho encqy issues. 17 


18 And rm here simply to express our strong support 18 


19 for the rule. 19 


20 I had submitted elec:tronically somo 20 


21 comments to Mr. Bower. And I also have the 21 


22 written version because I just sent those over 22 


23 just a few minutes ago before coming over here. 23 


26 And again, we just want to express our 24 


25 strong support for the rule. 25 


Page U 

1 HEARING OFFICER WEEKS: Okay. Thank you. 1 


2 Your comments, then, will be part oftho 2 


3 record, or we can submit them as an exhibit today. 3 


6 MR. MILLER: Just to play it safe, I'd 4 


5 like to just have them - 5 


f:j HEARING OFFICER WEEKS: Okay. Mr. 6 


7 MilJer, would you just do me one favor and sign 1 


a that, please? 8 


9 MR. MILLER: Oh. ofcourse.. 9 


10 HEARING OFFICER WEEKS: Good cooperation 10 


11 there. 11 


12 Mr. Miller's comments will be admitted as 12 


13 Exhibit D. 13 


16 (Exhibit 0 was marked for 14 


15 identification.) 15 


16 HEARING OFFICER WEEKS: Richard Carlson. 16 


17 MR. CARLSON; Thank you. 11 


18 My name is Rich Carlson, here 18 


lSI representing the Idaho Rural Council. We have 19 


20 about 500 members or so statewide. 20 


21 And I don't think we could add anything 21 


22 to what repn:sentative Block said. Our 22 


Page 15 


us out of the cap and trade program. 

So I'll leave it at that. We are - our 

organization is in complete support of the 

enactment of this rule. 

HEARING OFFICER WEEKS: Thank you. 

MR.. CARLSON: Thank you. 

HEARING OFFICER WEEKS: I notice you're 

from Filer. Did you drive up here today for this? 

MR.. CARLSON: I did. 

HEARING OFFICER WEEKS: Thank you. 

I see no other members ofthe public here 

to attend this. We'U keep the rcc:ord open for 

another ten minutes, see ifanybody else appears. 

Okay? 

So we'll be off'the rcc:ord until then. 

(Offthc record.) 

HEARING OFFICER WEEKS: It is now 3:36 

p.m. Let the record show no other members of the 

public have appeared to testify or submit written 

comments. 

Sign-in roster, a two-page document will 

be admitted as Exhibit E and submitted with the 

record. 

The hearing is now closed. 


(Exlnbit E was marked for 
 -, Page 16 


identification.) 

(Proceedings concluded at 3:36 p.m.) 

23 organization supports fully the reasons that she 23 
 -, 2' gave for her support and widespread support in the ,24 

25 Magic Valley and statewide for this rule. keeping 125
 ! 

4 (Page. 13 to 16) 

Tucker and Associate., Boise, Idaho, (208) 345-3704 


www.etucker.net 

Air PoD.doD iD Idaho 111l1l006 

Page 17 

~ 1 REP 0 R T E R'S C E R T I FIe ATE 

2 

3 

4 I, Debora Ann Kreidler, a Notary Public 

5 ia and for the State ofIdaho, do hereby certify: 

6 That said proceediags was taken dow. by 

7 me ia shorthand at the time and place thereia 

8 named and thereafter reduced iato typewritiag 

9 under my direction, and that the foregoiag 

10 transcript contains a full, true, and verbatim 

11 record of the said proceediags. 

12 I further certify that I have no iaterest 

13 ia the event of the action. 

14 WITNESS my hand and seal November 6, 

15 2006. 

16 

17 

18 

19 

20 NOTARY PUBUC in and for the State ofIdaho; 

residiag at Boise, Idaho. 

21 

22 My commission expires September 6,2012 

CSRNo.274 ' .. !'''''' .. .., 

23 

24 

25 

5 (Page 17) 

Tucker and Associates, Boise, Idabo, (208) 345-3704 

www.etucker.net 
1 

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REP 0 R T E R' seE R T I FIe ATE 

I, Debora Ann Kreidler, a Notary Public 

in and for the State of Idaho, do hereby certify: 

That prior to being examined, the 

witness named in the foregoing deposition was by 

me duly sworn to testify the truth, the whole 

truth, and nothing but the truth; 

That said deposition was taken down by 

me in shorthand at the time and place therein 

named and thereafter reduced into typewriting 

under my direction, and that the foregoing - transcript contains a full, true, and verbatim 

record of the said deposition. 

I further certify that I have no 

interest in the event of the action. 

WITNESS my hand and seal this .~ day of 

~bV~ , 200 (,. 

NOTARY PUBLIC in and for the State of Idaho; 

residing at Boise, Idaho. 

My commission expires 9-6-2012 

CSR No. 274 
.... , 	 RECEIVED 


MAY - 8 200& 

OEQ Hearings Coordnatar DOCKET NO.____ 

BEFORE THE BOAKD OF ENVIRONMENTAL QUALITY 

STATBO,mAHO 

)Dock.et No. ______ IDAHO CONSERVATION LEAGUE, 


crrlZENS PROTECTING RESOURCES, ) 


IDAHO RIVERS UNrrED, IDAHO RURAL ) 


COUNCIL, COAUl'ION RlR HEALTHY )PETrrION FOR INITIATION 


IDAHO COMMUNmES, SNAKE RIVER )OF RULE-MAKING 


AllJANCE, KEEP MAGIC VALLEY ) 


MAGIC, CONSERVATION VOfBRS FOR ) 


IDAHO, NW ENERGY COALITION, ) 


UNCOLN COUNTY CONCERNED crrlZENS, ) 


BlAINE COUNTY cmzENS FOR CLEAN ) 


ENERGY, IDAHO-AQUACULTURB ) 


ASSOCIATION INC. ) 


Petitioners. 	 ) 

)

- 1. INIROPUcrION 

COMES NOW the Idaho Conservation League, Citizens Protecting Resources. Idaho Rivers 

United, Idaho Rural Council, Coalition for Healthy Idaho Communities, Snake River 

Alliance, Keep Magic Valley Magic, Conservation Voters for Idaho, NW Energy Coalition, 

Uncoln County Concemed Citizens, Blaine County Citizens for Ow Energy. Idaho 

Aquaculture AssociatioD Inc., and petitions the Idaho Board of Environmental Quality 

("Board") for initiation of rulemaking pursuant to Idaho Code § 67-5230 and IDAPA 

58.01.23.800. This Petition request that the Board immediately request the adoption of a . 

temporary rule as authorized under Idaho Code § 67-5226 and initiate rulemaldng by 

publication in the Idaho Administrative Bulletin of a notice of proposed rulemaking. 

Petitioners request that this Petition be acted upon by the Board at its June 21-22, 2006 

meeting as required by Idaho Code § 67-5230 and Idaho 58.01.23.801. Petitioners request the 

Board to request adoption of a temporary rule amending the Rulesfor 1M Control 01Air 

Pollution in Idaho, IDAPA 58.01.01 (Air Rules) that would have the immediate affect of 

opting Idallo out ofthe federal mercury cap and trade proiram in 40 CFR Part 60, HHHH. 

Petitioners further requests that DEQ initiate a negotiated rulernaking to solicit greater public 

comment and fnvolvement in crafting such rules as are needed to fuUy comply with any ! .­ federal requirements pursuant to a state opting out of the federal cap and trade program for 

mercury. 

PETITION fOR ADOPTION OF TEMPORARY RULE AND INITIATION 


OF RUL&MAKING 

2 PBTmONERS' INTEREST IN THE MATTER 

Justin Hayes, Program Director 

Idaho Conservation League 

PO Box 844 

Boise,ID 83701 

208-345-6942 ext 17 

The Idaho Conservation League (ICL) is the largest and oldest Idaho based conservation 

organization. ICL has worked. for over 30 years to preserve Idaho's clean air, water, 

wilderness and quality of life. ICL has a long history of working to protect the health of 

Idahoans, Idaho's air quality, water quality and aquatic life from the potential negative 

impacts of toxic pollution. Coal-fired power plants have the potential to emit large amounts 

of air pollutants including mercury. The ICL has over 9,000 members drawn from all across 

the state of Idaho. Many of our members live, work and/or recreate in areas that have been 

impacted, or may be ,impacted in the future, by mercury. 

Carl Nellis, President 

Citizens Protecting Resources 

42 West 600 South 

Jerome, ID 83338 - 208-324-3202 

The mission of Citizens Protecting Resources (CPR) is to preserve, by working with others, 

the clean environment and the high quality of life enjoyed by Magic Valley Citizens. We are 

a gross-roots organization of approximately 130 people and have been in existence since July 

of 2005. CPR works to preserve a clean environment in the Magic Valley. We strive to 

protect the health of our citizens from potential negative impacts of toxic pollution. Coalfired power plants have the potential to emit large amounts of air pollutants. including 

mercury. CPR members live work and/or recreate in areas that have already been negatively 

impacted by mercury. 

Kevin Lewis. Conservation Director 

Idaho Rivers United 

PO Box 633 

Boise. ID 83701 

208-343-7481 

Idaho Rivers United (IRU) is Idaho's only statewide river conservation organization. The 

mission of IRU is to protect and restore the rivers of Idaho. During the last fifteen-years. 

IRU's membership has grown to over 3,000 concerned. citizens. IRU views mercury 

contamination as a real and growing threat to the aquatic ecosystems of Idaho's rivers. lakes - PETITION fOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
and streams. Mercury can threaten the health and welfare of the many Idahoans, who'live, 

"'-: work and recreate on or near affected bodies of water. ' 

Richard Carlson, Attorney 


Idaho Rural Council 


PO 80x 21 


Filer, 10 83328 


208-32&3686 


The Idaho Rural Council is a grassroots organization of family fumers, ranchers and rural 

residents, which has worked since 1986 to preserve the well being of Idaho's family farms 

and rural communities. The sustainability of rural communities is dependent on clean air and 

water which coal fired power plants would threaten in many ways. Mercury pollution has 

already affected recreational fishing opportunities for many of our members. IRC believes 

that cheap, reUable, and renewable power sources can be developed to meet our power needs 

without compromising our clean air and water with mercury pollution associated with coalfired power plants. 

Peter Remmen, President 

Coalition ' for Healthy Idaho Communities ... ­ 796E272SS 

Hagerman, 10 83332 

208-837-4097 

The Coalition for Healthy Idaho Communities (CHIC) is a non-partisan organization to 

promote electrical power choices that are compatible with the health of our residents,the 

health of our communities, the health of our environment, and the health of our economy. 

CHIC was established in response to concerns regarding construction of coal-fired power 

plants in Idaho, particularly as they relate to toxic mercury emissions. We maintain regular 

contact with approximately 225 Magic Valley individuals and families in our membership 

who share a common concern regarding mercury contamination in our state. There is ,a large 

body of evidence that coal-fired power plants are the single largest emitters of toxic mercury 

in the United States. The EPA's own research has concluded that toxic mercury and other 

emissions from coal-fired power plants cause medical problems for many thousands of 

people throughout the country. including thousands of premature deaths. The Coalition for 

Healthy Idaho Communities believes 10EQ can best serve the interests of the state's present 

and future residents by maintaining its present EPA allotment of zero mercury emissions 

credits. Fortunately, Idaho can easily accomplish this by opting out of the federal mercury 

cap and trade program. 

Jeremy Maxand, Executive Director 


Snake River Alliance 


PO Box 1731 


Boise, ID 83701 

208-344-9161 

PETITION FOR AOOPfION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
The Snake River Alliance is an Idaho-based grassroots group working through research, 

education, and community advocacy for peace and justice, the end to nuclear weapons, 

responsible solutions to nuclear waste and contamination, and sustainable alternatives to 

nuclear power. The Alliance has l,()()() dues-paying members who live in the shadows of the 

Department of Energy's second-largest nuclear facility in eastern Idaho. Since 1fTl9 the 

Alliance has worked to ensure nuclear waste and contamination threatening Idaho's 

communities, environment, and economy be cleaned up, and that any new dangerous and 

dirty proposals be stopped. 

Bill Block, President 

Keep the Magic Valley Magic 

1093 Lakewood Dr. 

Twin Falls, ID 83301 

208-734-6360 

Keep Magic Valley Magic (KMVM) is a grassroots group based in Twin Falls County with 

over 300 members, including medical professionals, food producers, and agricultural 

scientists. The organization was fonned to protect south-central Idaho from the pollution of 

coal-fired plants. Members recently collected over 3,000 signatures of community residents 

who are opposed to the pollution of coal-fired plants, which includes mercury emissions. The 

Magic Valley has been targeted as a site for large, coal-fired power plants, which have the 

potential to emit mercury. It is expected the dangerous neurotoxin would accumulate in soils 

or water. With several local water bodies already subject to mercury advisories, the health 

and livelihoods of members and other citizens of the Magic Valley could be affected as a 

result of added mercury introduced into the environment We recommend that Idaho opt out 

of the mercury cap and trade program for the next two years, during a legislatively mandated 

moratorium on "certain" coal-fired plants so that an Interim Energy Committee and the Idaho 

Department of Environmental Quality can conduct studies on the issue of mercury pollution 

and poisoning and make recommendations based upon those studies. 

Lee Rinn, Executive Director 

Conservation Voters for Idaho 

PO Box 2802 

Boise, ID 83701 

208-342-1264 

Conservation Voters for Idaho (CVI) is a bipartisan organization that works on conservation 

issues through voter education, legislative lobbying, and electoral engagement. CVI 

advocates for policies to protect our natural areas, water and air. Mercury from coal-fired 

power plants is a threat to the quality of life that Idaho residents enjoy, and CVI will continue 

to educate voters and elected officials regarding the dangers of this neurotoxin. 

Ken Miller, Idaho Energy Advocate 

NW Energy Coalition 

PO Box 8224 

Boise, ID 83707 

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 

-

208-322-5193 


-
 The NW Energy Coalition is a regional alliance of more than 95 diverse community 

organizations and utilities from Idaho, Montana, Washington and Oregon. The Coalition 

promotes energy conservation, investment in renewable sources of energy, low-income 

energy services and salmon restoration. NWEC's Idaho office works with clean energy 

advocates, utilities and utility regulators, and state and local agencies and policy-makers to 

promote sustainable energy policies in Idaho. As part of the Coalition's Idaho work, we 

participate in utility advisory groups to promote clean energy development and to reduce 

emissions of mercury and other pollutants from thennaJ generating facilities. 

Jerry Heimerdinger 

Lincoln County Concerned Citizens 

1051 E. 170 S. 

Dietrich, ID 83324 

208-544-2852 

Lincoln County Concerned Citizens organized as a result of being at "ground zero" of the 

proposed Sempra coal-fired power plant site, in Jerome County. Adjacent to Jerome County, 

many': Lincoln County residents were closer to the proposed plantth&iJ'.the majority ofJero~ " 

County Citizens. The proposedcoal;.fired plant admitted they would be emitting iOO-l60 

pounds of mercury annually out of their smokestack. This alarmed Uncoln County residents. 

We are extremely concerned about our air and water quality. We live in a fragile, semi-arid 

area. We are constandy facing both surface water and groundwater quantity issues. We do 

not wish to subject this precious, limited resource to possible new sources of mercury 

contamination. 

Leslie Bradshaw, President 

Blaine County Citizens for Clean Energy 

PO Box 7217 

Ketchum, ID 83340 

208-721-2135 

Blaine County Citizens for Clean Energy was established to promote a sustainable energy 

future that reduces emissions and minimizes economic costs, while protecting public health 

and the environment in Blaine County and Idaho. On behalf of our more than 300 members, 

we are concerned about the significant mercury emissions from potential coal-fired power 

plants in Idaho. As an acutely toxic air pollutant, mercury is harmful to public health and the 

environment and increased emissions from coal plants would negatively affect our members. 

We aim to protect the health of Blaine County citiiens and visitors from the deleterious 

effects of mercury. 

Mark Daily, President 

Idaho Aquaculture Association, Inc. 

PO Box 767 

Hagerman,ID 83332 

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
208-837-4808 - The Idaho Aquaculture Association represents the interests of aquaculture producers and 

related supporting industries throughout the state of Idaho, but its membership is 

concentrated in Southern Idaho. Nearly 70% of the trout produced in the United States are 

grown in Idaho within a l()()..mile area adjacent to the Snake River, along with smaller 

quantities of catfish, tilapia, sturgeon, bullfrogs, and alligator. These producers depend on 

the clean water arising from the Eastern Snake Plain Aquifer (ESPA) to support their $100 

million industry. 

In October 2005, lAA sent comments to DEQ opposing proposed air quality rulemaking 58­

OlOl-OSOs and opposing opting into the federal mercury cap and trade program. Our reason 

for opposing the rulemaking at that time centered on the potential contamination of both 

farmed and wild fish by mercury entering the ESPA. The lAA continues to believe that this 

one action will have ramifications for the health and livelihood of thousands of residents in 

Idaho, including those who are supported by the aquaculture industry. The two main modes 

of transmission of mercury to humans are through direct contact and from eating 

contaminated foods. Idaho soil and water already have significant amounts of mercury 

arising from natural sources and mining operations, both from in state and out of state 

operations. Mercury is transformed into the more toxic methylmercury by microorganisms 

in soil and water, and is biomagnified through the food chain; concentrating in long-lived 

animals, most particularly fish. As a result, several Idaho reservoirs and water bodies. 

including some in Southern Idaho. already have mercury advisories against consumption of 

wild caught fish. IAA believes increased levels of mercury in the waters of the ESPA may 

increase the mercury content in Idaho fanned trout and other Idaho aquaculture products, as 

well as that of both sport and non-sport wild fish. Participating in the mercury cap and trade 

program will encourage businesses that produce mercury to locate in Idaho. 

Until the Idaho Legislature updates the state energy plan, creates specific siting regulations 

and guidance. and identifies the sources and amounts of current mercury contamination. the 

potential exists that large mercury-producing industries will locate on the ESPA and release 

additional mercury into the air and aquifer. It would be irresponsible to opt into a trading 

program before Idaho has put these measures in place. IAA continues to support opting out 

of the Federal mercury cap and trade program. The Idaho Aquaculture Association supports 

leaving the current, more stringent zero mercury emission standard in place, and challenges 

new industries to meet the zero emission level, thereby eliminating the necessity for mercury 

trading. 

Joint Statement of all Petitioners 

Many of our groups and their members and the general public utilize waters of the state of 

Idaho that have been impacted by mercury for fishing. irrigation, contact recreation, 

consumption and other beneficial uses. Mercury related fish consumption advisories have 

-


been issued for Brownlee Reservoir, Lake Lowell, C.J Strike Reservoir, Salmon Falls Creek 

Reservoir. American Falls, Reservoir Priest Lake, Lake Pend Oreille, Lake Coeur d'Alene. ­ PEfITION FOR ADOPrION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
These waters, and other waters in the State, provide habitat for fish that are caught and eaten 

by our members. 

Our members and the general public are gravely concerned about the elevated levels of 

mercury identified in many water bodies in Idaho. The presence of elevated mercury and the 

consumption offish caught in these water bodies impacts the health of our members and the 

general public. Further. our members and the general public experience discomfort with 

continued fishing and fish consumption throughout Idaho. Knowing that many Idaho water 

bodies contain fish with elevated levels of mercury diminishes our enjoyment of utilizing 

these and other water bodies. 

Petitioners and our members have an interest in protecting these waters from pollution that 

may result from mercury. 

Petitioners are concerned that participation in the CAMR cap and trade program will result in 

even greater emissions of mercury in Idaho and increases in the amount of mercury in Idaho 

waters and fish. Thus. it is in the interest ofour members that the State of Idaho opt out of 

the federal mercury cap and trade program. .. ;, '. 

3. REQUESTED AMENDMENTS 

Petitioners request the Board approve and request adoption of a temporary rule amending 

- IDAPA § 58.01.01 by amending Section 107 of such chapter and by adding a new section as 

follows: 

107. INCORPORATIONS BY REFERENCE. 

03. Documents Incorporated by Reference. The following documents are 

incorporated by reference into these rules: (5-1-94) 

q. The final rule for Standards of Performance for New and Existing 

Stationary Sources: Electric Utility Steam Generating Units, 70 Fed. 

Reg. 28,606 (May 18, 2005), corrected at 70 Fed. Reg. 51,267, is 

expressly excluded from any incorporation by reference into these 

rules. The State of Idaho shall not participate in the pollution trading 

program provided at 40 C.F.R. Part 60 HHHH; provided however that 

the State of Idaho shall comply with the annual electric generating unit 

mercury budget provided at 40 C.F.R. § 60.24(h){3). 

165. ELECTRIC UTILITY STEAM GENERATING UNITS. 


No person shall construct an Hg Budget unit or an Hg Budget source as those terms 


are defined at 40 C.F.R. §§ 60,4102 and 60.4104. 


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
--

-


~REGULATORYBACKGROUND 

The Environmental Protection Agency signed the final Clean Air Mercury Rule (CAMR) on 

March 15,2005, which is a "cap-and-trade·' approach to limiting Hg emissions from the 

power sector. On October 21, 200S, EPA granted requests from 4 petitions to reconsider 

Clean Air Act Section 112 the final rule regarding regulation of mercury and nickel from 

power plants. The public comment period for the items for reconsideration, 40 CFR Parts 60, 

72, and 75 ended on December 19,2005 and no action has been taken since that time. 

States may elect to participate in the EPA managed cap and trade for coal-fired units greater 

than 2S MW. To participate a state must adopt the model cap and trade rules finalized in the 

CAMR. For States that elect not to participate in the program, their respective state Hg 

budgets will serve as a firm cap. The final rule allows states to modify the model rule 

language to best suit their unique circumstances with regard to allocation methods. 

Pursuant to a forthcoming Federal Implementation Plan (PIP), states have until November 

2006 to decide if they wish to opt out of the federal cap and trade program. States that have 

failed to opt out of the federal cap and trade program will be automatically enrolJed in the 

program and the EPA model rules will be applied to that state. States that opt out of the 

federal cap and trade program may opt in at a later date. However, states that opt in, or are 

automatically enrolled, may not opt out at some future date. 

5. CLOSING 

Petitioners appreciate the Board's attention to these matters. As the Board considers this 

petition, Petitioners would gladly make available staff and members to address questions and 

otherwise aid the Department in its review of this petition. 

Petitioners look forward to the Board's discussion of this matter at the June 21-2200 2006 

Board meeting in Coeur d' Alene and asks that Petitioners be provided with an opportunity to 

address the Board and present this petition to the extent appropriate. 

Respectfully submitted. this day glb of May, 2006 

-


PETITION FOR ADOPTION OF TEMPORARY RULE AND [NITIATION 

OF RULE-MAKING 
--

.........". 


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
BY:~ /l~. ~~ Carl NeiiiS:~ ­ Citizens Protecting Resources 

-


-


PETITION FOR AOOPfION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
Kevin 

BY:·~ Lewis, Conservation Director 

Idaho Riven United 

,­

-


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
BY:~ Richard Carlson, Attorney 

Idaho Rural Council 

-


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
,­

PETITION FOR ADOPfION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
PEfITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
- BY:WL~ Bill Block 

Keep Magic Valley Magic 

.­

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
" 


By: 

Lee Ainn, 

'/..Q.Jl. 

Executive 

~ Director 
 - Conservation Voters for Idaho 


-


PETITION FOR ADOPfION OF TEMPORARY RULE AND INIT[ATION 

OF RULE-MAKING 
- By: __ ____~~~~__ 

Ken Miller, Idaho Energy Advocate 

NW Energy Coalition 

-


-


PETITION FOR AOOPfION OF TEMPORARY RULE AND (NITIATION 

OF RULE-MAKING 
By. ~;j,~ ­ Jerry l(eiIllefJlier 

Lincoln County Concerned Citizens 

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
By: WlJO 'frWl - Leslie Bradshaw, President 

Blaine County Qtizens for Oean Energy 

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKINO 
-


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
, ' 

-


ATfACHMENTS 

Fishing for Trouble. How Toxic Mercury Contaminates Fish in US Waterways. US PIRO 

Education Funds, October 2004. 

www.uspirg.org 

Idaho Department of Health and Welfare. Fish Advisories. 2006. 


www.healthandwelfare.idaho.gov 


Local Impacts ofMercury from Coal-fired Power Plants. Clean Air Task Force, March 2003. 

www.catf.uslpublicationsl . 

Mercury-A Local Concern I An Intemationallssue. Paulette Middleton. December 2003. 

www.environmentaldefense.org 

Mercury and the Developing Brain. Clear the Air. March 2005. 


www.cleartheair.org 


Mercury Emissiorufrom Coal-Fired power Plants. Northeast States for Coordinated Air Use 

- Management, October 2003. . 

www.nesaum.org 

Mercury Falling: An Analysis ofMercury follution from Coal-burning Power Plants. John 

Coequyt, Richard Wiles. Felice Sadler. and David Hawkins. Natural Resources Defense 

Council, Environmental Working Group, and Clean Air Network. November 1999. 

www.realmercuryfacts.org/studieslindex.htm 

Mercury Transport. Fate and Health Impacts. Ellen Brown, Office of Air and Radiation. 

USEPA, September 2005. 

www.epa.gov 

Where ;s Mercury Deposition Coming From? Carola Hanisch. Environmental Science and 

Technology, April 1998. 

http://pubs.acs.org/hotartcllestl98/apr/mer.html 

-


PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
-


CERII6CATE OF SERYICE 

I HEREBY CERTIFY that on this 8* day of May 2006 I caused to be served a true copy of 

the foregoing via HAND DruVERY to the following: 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise. ID 83706 

-

PETITION FOR ADOPTION OF TEMPORARY RULE AND INITIATION 

OF RULE-MAKING 
Conservation Voters 

FOR IDAHO 

November 3, 2006 

Martin Bauer 


Department of Environmental Quality 


·1410 N. Hilton 


Boise, Idaho 83706 


Regarding: Air Quality 58-0101-0603. proposed rule (Mercyry Cap & Trade) 

Mr. Bauer, 

On behalf of Conservation Voters for Idaho, I urge the Department of 

Environmental Quality Board to adopt the proposed rule to opt Idaho out of the 

federal mercury cap and trade program. 

- We support the Executive Order that Governor Risch issued this summer directing 

DEQ begin rulemaklng to opt Idaho out of this federal program. 

Since Idaho faces an automatic "opt in" if the state does not intentionally choose to 

"opt out"-it Is prudent for Idaho to choose the latter option. Doing so will protect 

human health, our environment and our economy. 

Please adopt proposed rule 58-0101-0603 to opt Idaho out of the mercury cap and 

trade program. As one of the few states that does not currently have a coal-fired 

power plant, we are uniquely positioned to safeguard the high quality of life that 

Idaho citizens enjoy.' 

Sincerely, 

~d~ Lee Flinn 


Executive Director 


lee@conservatlonvotersforldaho.or9 

SHARO~ BLOCK 

DISTRICT 24-8 


"TWIN FALl.S COUNTY 


HOME AOOAE88 

1093 lAKEWOOO DRIVE 

TWIN FAI..L.S, IDAHO 83301 

(208) 734-ll36O 

Dear Constituents, 

House of Representatives 


State of Idaho 


November 21, 200S 

As Chairman ofthe Health and Welfare Committee in the Idaho House of 

Representatives, I am concerned about the health and well being ofthe people ofthe 

State ofIdaho. In that regard, I have been watching with concerned interest the proposals 

to build a number ofcoal-fired power plants in Idaho. These merchant power plants are 

unregulated by the Idaho Public Utilities Commission. . 

It is well known that coal-fIred power plants release contaminants ofpossible concern to 

human health. It is my belief that citizens of Idaho should have information about these 

contaminants based upon scientific facts. Therefore, I requested research to be done by 

the Idaho Department ofHealth and Welfare, Division ofHealth. 

.. 

Attached to this letter is the result ofthe research conducted by Dr. Lijun Jin and Jim 

Vannoy ofthe Department ofHealth and Welfare's Environmental Health Section. Their 

research was performed on the contaminants one might expect ftom a coal-fired power 

plant and the range of affects those contaminants may have on human health. 

As your state representative, I am interested and concerned about this iss\1C. rle~ 40n't 

hesitate to contact me ifyou have concerns or views on this matter. 

Sincerely, 

Sharon 

~~ Block 

State Representative 

District #24 

CHAIRMAN 


HfA1.TH & WELFARe 


BUSINESS-. 

EDUCATIOII. 
Draft 11/1512005 

Contaminants ofPossible Concern from Coal-Fired Power Plants 

Some ofthe major emissions from coal-fired power plants arc nitrous oxides, sulfur 


dioxides, particulate matter, carbon monoxide, carbon dioxide, and mercwy. Other 


contaminants associated with coal-fired power plants arc ammonia, antimony, arsenic, 


barium, beryllium, boro~ cadmium, chromium, cobalt, copper, lead, manganese, nickel, 


ozone, radioactive material. selenium, and vanadium. The dangers ofexposure to these 


contaminants depend on the amount ofexposure, the length ofexposure, and completed 


exposure pathways. In general. chemicals affect the same organ systems in all people 


who are exposed. However. the seriousness ofthe effec~ may vary from person to . 


person. A person's reaction depends on several things, including individual health, 


heredity, previous exposure to chemicals including medicines. and personal habits such 


as smoking or drinking. 


Below are contaminants associated with coal-fired power plants. The specific 


contaminants emitted from a specific coal-fired power plant will depend on the type of 


coal used and the chemical makeup ofthe coal along with the emission controls used. 


Listed below are the general contaminants ofconcern and information on health effects 


associated with those contaminants. All health effects informatio~ unless otherwise 


noted, is from the Agency for Toxic Substances Disease Registry, which is part ofthe 


Centers for Disease Cont:(ol. 


Ammonia 


No health effects have been found in humans exposed to typical environmental 


concentrations ofammonia. Exposure to high levelS ofammonia in air may be irritating 


to your skin, eyes, throat, and lungs and cause coughing and bums. Lung damage and 


death may occur after exposure to very high concentrations ofammonia. Some people· 


with asthma may be more sensitive to breathing ammonia than others. 


Antimony 


Exposure to antimony at high levels can result in a variety ofadverse health effects. 


Breathing high levels for a long time can irritate your eyes and lungs and can cause heart 


and lung problems, stomach Pain. diarrhea, vomiting, and stomach ulcers. 


In short-term studies, animals that breathed very high levels ofantimony died. Animals 


that breathed high levels had lung, heart, liver, and kidney damage. In long-temJ. studies, 


animals that breathed very low levels ofantimony had eye irritation, hair loss, lung 


damage, and heart problems. Problems with fertility were also noted. In animal studies, 


problems with fertility have been seen when rats breathed very high levels ofantimony 


for a few months. 


.- Ingesting large doses ofantimony can cause vomiting. It is not known what other effects 

may be caused by ingesting it. Long-teon animal studies have reported liver damage and 
blood changes when animals ingested antimony. Antimony can irritate the skin ifit is left 

on it. 

Antimony can have beneficial effects when used for medical reasons. It has been used as 

a medicine to treat people infected with parasites. 

Arsenic 

Inorganic arsenic has been recognized as a human poison since ancient times, and large 

oral doses (above 60,000 ppb in food or water) can result in death. Ifyou swallow lower 

levels ofinorganic arsenic (ranging from about 300 to 30,000 ppb in food or water), you 

may experience irritation ofyour stomach and intestines, with symptoms such as 

stomachache, naus~ vomiting, and diarrhea. Other effects you might experience from 

swallowing inorganic arsenic include decreased production ofred and white blood cells 

(which may cause fatigue), abnormal heart rhythm, blood-vessel damage resulting in 

bruising, and impaired nerve function causing a "pins'and needles" sensation in your 

hands and feel 

Perhaps the single-most characteristic effeqt oflong-term oral exposure to inorganic 

arsenic is a pattern ofskin changes. These include a darkening ofthe skin and the 

appearance ofsmall "corns" or "warts" on the palms, soles, and torso, and are often 

associated with changes in the blood vessels ofthe skin. A small number ofthe corns 

may ultimately develop into skin cancer. SWallowing arsenic has also been reported to 

increase the risk ofcancer in the liver, bladder, kidneys, prostate, and lungs. The 

Department ofHealth and Human Services (DHHS) has determined that inorganic 

arsenic is known to be a human carcinogen. 

Ifyou breathe high levels ofinorganic arsenic, then you are likely to experience a sore 

throat and irritated lungs. You may also develop some ofthe skin effects mentioned 

above. The exposure level that produces these effects is uncertain, but it is probably 

above 100 micrograms ofarsenic per cubic meter (J.1Wm3) for a brief exposure. Longer 

exposure at lower concentrations can lead to skin effects, and also to circulatory and 

peripheral nervous disorders. There are some data suggesting that inhalation ofinorganic 

arsenic may also interfere with normal fetal development, although this is not certain. An 

important concern is the ability ofinhaled inorganic arsenic to increase the risk oflung 

cancer. This has been seen mostly in workers exposed to arsenic at smelters, mines, and 

chemical factories, but also in residents living near smelters and arsenical chemical 

factories. People who live near waste sites with arsenic may have an increased risk of 

lung cancer as well. 

Ifyou have direct skin contact with inorganic arsenic compounds, your skin may become 

irritated, with some redness and swelling. However, it does not appear that skin contact is 

likely to lead to any serious internal effects. 

Despite all of the adverse health effects associated with inorganic arsenic exposure, there - is some evidence that the small amounts ofarsenic in the normal diet (10-50 ppb) may be 
beneficial to your health. Animals that were fed a diet with unusually low concentrations 

ofarsenic did not g~ weight normally, became pregnant less frequently, and had poor 

birth outcomes:. However, no cases ofarsenic deficiency in humans have ever been 

reported. 

Almost no information is available on the effects oforganic arsenic compounds in 

humans. Studies in animals show that most simple organic arsenic compounds (such as 

methyl and dimethyl compounds) are less toxic than the inorganic forms and that some 

complex organic arsenic compounds are virtually non·toxic. However, high doses can 

produce some ofthe same effects. Thus, ifyou are exposed to high doses ofan organic 

arsenic compound, you might develop nerve injury, stomach irritation. or other effects, 

but this is not known for certain. 

Barium 

The health effects associated with exposure to different barium compounds depend on 

how well the specific barium compound dissolves in water. For example, barium sulfate 

doeS not dissolve well in water and causes few harmful health effects. Doctors sometimes 

give barium sulfate orally or by: placing it directly in the rectum ofpati~ts for p11IpQ~~.. 

ofmaldng'x-rays ofihestoinachor intestines. The use ofthis particular barium . 

compound in this type ofmedical test is not harmful to people. Barium compounds such 

as barium acetate, barium chloride, barium hydroxide, barium nitrate, and barium sulfide 

- that dissolve in water can cause harmful health effects. Most ofwhat we know comes 

from studies in which a small number ofindividuals were exposed to fairly large amounts 

ofbarium for short periods. Eating or drinking very large amounts ofbarium compounds 

that dissolve in water causes changes in heart rhythm or paralysis. Some people who did 

not seek medical treatment soon after eating or drinking a very large amount ofbarium 

have died. Some people who eat or drink: somewhat smaller amounts ofbarium. for a 

short period may experience vomiting, abdominal cramps, diarrhea, difficulties in 

breathing, increased or decreased blood pressure, numbness around the face, and muscle 

weakness. One study showed that people who drank water containing as much as 10 ppm 

ofbarium for 4 weeks did not have increased blood pressure or abnormal heart rhythms. 

There is no reliable information about the possible health effects in humans who are 

exposed to barium by breathing or by direct skin contact. However, many ofthe health 

effects might be similar to those seen after eating or drinking barium. There is no 

information about the ability ofbarium to cause birth defects or affect reproduction in 

humans. Barium has not been shown to cause cancer in humans. 

The health effects ofbarium have been studied more often in experimental animals than 

in humans. Rats that ate or drank barium over short periods had swelling and irritation of 

the intestines, changes in organ weights, decreased body weight, and increased numbers 

ofdeaths. Rats and mice that drank barium over long periods had damage to the kidneys, 

decreases in body weight, and decreased survival. There is no reliable information about 

the health effects in experimental animals that are exposed to barium by breathing or by 

- direct skin contact. 
The Department ofHealth and Human Services and the International Agency for 


Research on Cancer have not classified barium as to its carcinogenicity. The EPA has 


determined that barium is not likely to be carcinogenic to humans following ingestion 


and that there is insufficient information to determine whether it will be carcinogenic to 


humans following inhalation expoSure. 


Beryllium 

Beryllium is a metal that can be harmful when you breathe it. The effects depend on how 

much and how long you are exposed to it When you breathe it jn, beryllium can damage 

your lungs. When you breathe in large amounts ofsoluble beryllil.\Dl compounds (greater 

than 1 mg beryllium per cubic meter ofair, 1 mglm'), the lung damage resemblespneumonia with reddening and swelling ofthe lungs. This condition is called acute 

beryllium disease. The lung damage may heal ifberyllium exposure is stopped. Human 

studies have shown that occupational and community ambient air standards were 

effective in eliminating most acute lung disease. Some people can become sensitive to 

beryllium. This is known as hypersensitivity or allergy. Ifyou become sensitive 

(allergic) to beryllium, you may develop an immune or inflammatory reaction to small 

amounts ofberyllium that do not cause effects in people who are not sensitive to 

beryllium. ""hen thi#J occurs, white cells accumulate around the beryllium and form a 

chronic infla.rnniatory reaction called granulomas (granulomas are not tumors). This 

condition is called chronic beryllium disease (CBD). This disease can occur long after 

exposure (10-1 S years) to small amounts ofeither soluble or insoluble fonns ofberyllium ­

(greater than 0.0005 mg/ml). Ifyou have this disease, you may feel weak, tired, and have 

difficulty breathing. Some individuals that have CBD may experience ~orexia, weight 

loss, and blueness ofhands and feet. This disease could also lead to heart enlargement 

and heart disease in advanced cases. 

Both the short-term, pneumonia-like disease and the chronic beryllium disease can be 

fatal. Exposure levels associated with acute or chronic beryllium disease are more than 

100,000 times higher than normal air levels ofberyllium. Long periods ofexposure to 

beryllium have been reported to cause cancer in laboratory animals. Some studies of . 

workers reported an increased risk oflung cancer. The U.S. Department ofHealth and 

Human Services and the International Agency for Research on Cancer have determined 

that beryllium and beryllium compounds are human carcinogens. EPA has determined 

that beryllium is a probable human carcinogen. EPA has estimated that lifetime exposure 

to 0.00004 mg berylliumlm' can result in a one in a thousand chance ofdeveloping 

cancer. We do not know ifbreathing air, eating food, or drinking water that contains 

beryllium or having skin contact with beryllium has any effects on reproduction or causes 

birth defects in humans or animals. Swallowing beryllium has not been reported to cause 

effects in humans because very little beryllium can move from the stomach or intestines 

into the bloodstream. Ulcers have been seen in dogs ingesting soluble beryllium salts in 

the diet. BeryIIium contact with skin that has been scraped or cut may cause rashes or 

ulcers. People who have developed an allergy to beryllium and have skin contact with it, 

may get granulomas on the skin. These skin granulomas appear as a rash or as nodules. ­

The skin granulomas are fonned in the same way that lung granulomas are formed in 

sensitive people. 
Boroa 


Breathing moderate levels ofboron can result in irritation ofthe nose, throat, and eyes. 


Reproductive effects, such as low sperm count, were seen in men exposed to boron over· 


the long-term. Animal studies have shown effects on the lungs from breathing high levels 


ofboron. 


Ingesting large amounts ofboron over short periods oftime can harm the stomach, 


intestines, liver, kidney, and brain. Animal studies ofingestion ofboron found effects on 


the testes in male animals. Birth defects were also seen in the offspring offemale animals 


exposed during pregnancy. 


We don't know what the effects are in people from skin contact with boron. Animal 


studies have found skin irritation when boron was applied directly to the skin. 


Cadmium 

We do not have many good studies on the health effects ofcadmium jp. peoRle. 

Exposures to cadmiinn throughout most ofthe world are currently regula teo so there ire 

relatively few people receiving high levels, and the effects from long-term low-level 

exposure to cadmium are hard to determine with the many other factors that can come 

into play. A number ofstudies on workers exposed to cadmium in the air have not . 

resulted in convincing evidence that cadIDium can cause lung cancer in humans. In 

animals studies, mice or hamsters that breathed in cadmium did not get lung cancer, but 

rats that breathed in cadmium did develop lung cancer. There is no good information on 

people to suggest that breathing cadmium can affect your ability to have children. 

Female rats and mice, however, that breathed high levels ofcadmium had fewer litters, 

and their babies may have had more birth defects than usual. Breathing cadmium has 

also been shown to cause liver damage and changes in the immune system in rats and 

mice. There is no reliable information on people to indicate that breathing cadmium . 

harms peoples' liver, heart, nervous system, or immune syStem. 

Eating food or drinking water with very high cadmium levels severely irritates the 

stomach, leading to vomiting and diarrhea, and sometimes death. Eating lower levels of 

cadmium over a long period oftime can lead to a build-up ofcadmium in the kidneys. If 

it reaches a high enough level, the cadmium in the kidney will cause kidney damage and 

will cause bones to become fragile and break more easily. We do not have good direct 

information from people who have been exposed to cadmium to know ifeating cadmium 

at levels, below which other toxic effects are not seen, might affect your ability to have 

children. Animals eating or drinking cadmium sometimes get high blood pressure, ironpoor blood, liver disease, and nerve or brain damage. There is no good information on 

people to indicate the levels ofcadmium people would need to eat or drink to cause these 

diseases, or ifthey would occur at all. 

-
 Studies ofhumans or animals that eat or drink cadmium have not found increases in 

cancer, although additional research is needed to be more certain that eating or drinking 
cadmium definitely does or does not cause cancer. Skin contact with cadmium is not -


known to affect the health ofpeople or animals because virtually no cadmium can enter 

the body through the skin under normal circumstances (i.e., without exposure to very 

high concentrations for long times or ex:JK>sure to skin that was not damaged). 

As a conservative approach, and based on the limited human data and the studies in rats, 

the United States Department ofHealth and Human Services (DHHS) has determined 

. that cadmium and cadmium compounds may reasonably be anticipated to be 

carcinogens. The International Agency for Research on Cancer (IARC) has determined 

that cadmium is carcinogenic to humans. The EPA bas determined that cadmium is a 

probable human carcinogen by inhalation. 

CarboD Monoxide 

Exposure to low levels ofcarbon monoxide can produce the following symptoms: 

throbbing headache, dizziness, f~tigue, and shortness ofbreatb. Exposure to high levels 

can result in the following: severe headache, weakness, dizziness and nausea, irregular 

heartbeat and unconsciousness. Occasionally, these symptoms may be confused with 

symptoms ofthe fiu. Exposure to very high levels ofcarbon monoxide can cause 

seizures, coma, respiratory failure, and death. Exposure to high carbon monoxide levels 

during pregnancy is associated with birth defects and fetal death. In iiddition to the toxic 

effects ofcarbon monoxide, the gas is very flammable and high concentrations may be 

explosive 

Chromium 

airomium(Dl) is an essential nutrient that helps the body use sugar, protein, and fat. An . 

intake of50-200 JIg ofchromium(TII) per day is recommended for adults. On the 

average, adults in the United States take in an estimated 60-80 JIg ofchromium per day 

in food. Therefore, many people's diets may not provide enough cbromium(lII). Without 

chromium(ID) in the diet, the body loses its ability to use sugars, proteins, and fat 

properly, which may result in weight loss or decreased growth, improper function ofthe 

nervous system, and a diabetic-like condition. Therefore, cbromium(lII) compounds have 

been used as dietary supplements and are beneficial iftaken in recommended dosages. 

The health effects resulting from exposure to chromium(ID) and cbromium(VI) are fairly 

well described in the literature. In general, chromium(VI) is more toxic than 

chromium(III). Breathing in high levels (greater than 2 Jlglm3

) ofcbromium(VI), such as 

in a compound known as chromic acid or chromium(VI) trioxide, can cause irritation to 

the nose, such as ronny nose, sneezing, itching, nosebleeds, ulcers, and holes in the nasal 

septum. These effects have primarily occurred in factory workers who make or use 

chromium(VI) for several months to many years. Long-teon exposure to chromium bas 

been associated with lung cancer in workers f?xposed to levels in air that were 100 to 

1,000 times higher than those found in the natural environment. Lung cancer may occur 

long after exposure to chromium has ended. Cbromium(VI) is believed to be primarily 

responsible for the increased lung cancer rates observed in workers who were exposed to 

high levels ofchromium in workroom air. Breathing in small amounts ofchromium(VI) - for short or long periods does not cause a problem in most people. However, high levels 
ofchromium in the workplace"have caused asthma attacks in people who are allergic to 

chromium. Breathing in chromium(lll) does not cause initation to the nose or mouth in 

most people. In the same way, small amounts ofchromium(Vl) that you swallow will not 

hurt yOU; however, accidental or intentional swallowing oflarger amounts has caused 

stomach upsets and ulcers, convulsions, kidney and liver damage, and even death. The 

levels ofchromium(Vl) that caused these effects were far greater than those that you 

might be exposed to in food or water. Although chromium(lll) in small amounts is a 

nutrient needed by the body, swallowing large amounts ofchromium(Ill) may cause 

health problems. Workers handling liquids or solids that have chromium(Vl) in them 

have developed skin ulcers. Some people have been. found to be extremely sensitive to 

chromium(Vl) or chromium(lll). AlJergic reactions consisting ofsevere redness and 

swelling ofthe skin have been noted. Exposure to chromium(III) is less likely than 

exposure to cbromium(VI) to cause skin rashes in chromium-sensitive people. The metal, 

chromium(O), is less common and does not occur naturally. We do not know much about 

how it affects your health. but chromium(O) is not cunently believed to cause a serious 

health risk. There is no reliable infonnation that any form ofchromium has harmful 

effects on reproduction or causes birth def~cts in humans, though it does not seem likely 

that the an;lount ofchromium that most people are exposed to will result in reproductive

or developrnentai effects. - . '~'. ", -,~,.' 

In animals that breathed high levels ofchromium, harmful effects on the respiratory 

- system and a lower ability to fight disease were noted. However, we do not know if 

chromium can lower a person's ability to fight disease. Some ofthe female mice that 

were given cbromium(Vl) by mouth had fewer offspring and had offspring with birth 

defects. Some male mice that were given chromium(Vl) or chromium(1D) by mouth had 

decreased numbers ofspenn in the testes. The birth defects or the decrease in sperm ' 

occurred in mice at levels about severaJ thousand times higher than the normal daily 

intake by humans. Some chromium(Vl) compounds produced lung cancer in animals that 

breathed in the particles or had the particles placed directly in their lungs. In animals that 

were injected with some chromium(VI) compounds, tumors formed at the site of 

injection. 

Because some chromium(Vl) compounds have been associated with lung cancer in 

workers and caused cancer in animals, the Department ofHealth and Human Services has 

determined that certain chromium(VI) compounds (calcium chromate, chromium 

trioxide, lead chromate, strontium chromate, and zinc chromate) are known human 

carcinogens. The International Agency for Research on Cancer (JARC) has also 

determined that chromium(O) and chromium(lll) compounds are not classifiable as to 

their carcinogenicity to humans. The EPA has determined that chromium(Vl) in air is a 

human carcinogen. The EPA has also detennined that there is insufficient infonnation to 

determine whether chromium(V1) in water or food and chromium(III) are human 

carcinogens. 

Cobalt 

Cobalt has both beneficial and harmful effects on human health. Cobalt is beneficial for 

humans because it is part ofvitamin BI2, which is essential to maintain human health. 
Cobalt (0.16-1.0 mg cobaltlkg ofbody weight) has also been used as a treatment for 
 -


anemia (less than normal number ofred blood cells), including in pregnant women, 


because it causes red blood cells to be produced. Cobalt also increases red blood cell 


production in healthy people, but only at very high exposure levels. Cobalt is also 


essential for the health ofvarious animals. such as cattle and sheep. Exposure ofhumans 


and animals to levels ofcobalt normally found in the environment is not harmful. 


When too much cobalt is taken into your body, however, harmfW. health effects can 


occur. Workers who breathed air for six hours containing 0.038 mg cobaltlm3 (about 


100,000 times the concentration normally found in ambient air) bad trouble breathing. 


Serious effects.on the lungs, including asthma, pneumonia, and wheezing, have been 


found in people exposed to 0.005 mg cobaltlm3 while workin1 with hard metal, a cobalt­


tungsten carbide alloy. People exposed to 0.007 mg cobaltlm at work have also 


developed allergies to cobalt that resulted in asthma and skin rashes. The general public, 


however, is not likely to be exposed to the same type or amount ofcobalt dust that caused 


these effects in workers. 


In the 1960s, some breweries added cobalt salts to beer to stabilize the foam (resulting in 

exposures of0.04-0.14 mg cobaltlkg). Some people who·drank exceslive amounts ofbeer 

(8-25 pints/day) experienced serious effects on the heart. In some cases. these effects 

resulted in death. Nausea and vomiting were usually reported before the effects on the 

heart were noticed. Cobalt is no longer added to beer so you will not be exposed from this ­

source. The effects on the heart, however, may have also been due to the fact that the 

beer-drinkers had protein-poor diets and may have already had heart damage from 

alcohol abuse. Effects on the heart were not seen, however, in people with anemia treated 

with up to 1 mg cobaltlkg, or in pregnant women with anemia treated with 0.6 mg 

cobaltlkg. Effects on the thyroid were found in people exposed to 0.5 mg cobaltlkg for a 

few weeks. Vision problems were found in one man following treatment with 1.3 mg 

cobaltlkg for 6 weeks, but this effect has not been seen in other human or animal studies. 

Being exposed to radioactive cobalt may be very dangerous to your health. Ifyou come 

near radioactive cobalt, cells in your body can become damaged from gamma rays that 

can penetrate your entire body, even ifyou do not touch the radioactive cobalt. Radiation 

from radioactive cobalt can also damage cells in your body ifyou eat, drink, breathe, or 

touch anything that contains radioactive cobalt. The amount ofdamage depends on the 

amount ofradiation to which you are exposed, which is related to the amount ofactivity 

in the radioactive material and the length oftime that you are exposed. Most ofthe 

information regarding health effects from exposure to radiation comes from exposures for 

only short time periods. The risk ofdamage from exposure to very low levels ofradiation 

for long time periods is not known. Ifyou are exposed to enough radiation, you might 

experience a reduction in white blood cell number, which could lower your resistance to 

infections. Your skin might blister or bllIll, and you may lose hair from the exposed areas. 

This happens to cancer patients treated with large amounts ofradiation to kill cancer. 

Cells in your reproductive system could become damaged and cause temporary sterility. ­

Exposure to lower levels ofradiation might cause naus~ and higher levels can cause 

vomiting, diarrhea, bleeding, coma, and even death. Exposure to radiation can also cause 
changes in the genetic materials within cells and may result in the development ofsome 

types ofcancel'. 

Studies in animals suggest that exposure to high amounts ofnonradioactive cobalt during 

pregnancy might affect the health ofthe developing fetus. Birth defects, however, have 

not been found in children born to mothers who were treated with cobalt for anemia 

during pregnancy. The doses ofcobalt used in the animal studies were much higher than 

the amounts ofcobalt to which humans would normally be exposed. 

Nomadioactive cobalt has not been found to cause cancer in humans or in animals 

following exposure in the food or water. Cancer has been shown, however, in animals 

who breathed cobalt or when cobalt was placed directly into the muscle or under the skin. 

Based on the animal data, the International Agency for Research on Cancer (IARC) has 

determined that cobalt is possibly carcinogenic to humans. 

JMuch ofthe knowledge ofcobalt toxicity is based on animal studies. Cobalt is essential 

for the growth and development ofcertain animals, such as cows and sheep. Shori-tenn 

exposure ofrats to high levels ofcobalt in the air results in death and lung damage. 

Longer-renn exposure ofrats, guinea pigs, hamsters, and pigs to lower levels' ofcobalt in; 

the air results in lung damage and an increase in red blood cells. Shori-tenn exposure of 

rats to high levels ofcobalt in the food or drinking water results in effects on theblo~ 

liver, kidneys, and heart.lA>nger-tenn exposure ofrats, mice, and guinea pigs to lower 

levels ofcobalt in the food or drinking water results in effects on the same tissues (heart, 

liver, kidneys, and blood) as well as the testes, and also causes effects on behaVior. Sores 

were seen on the skin ofguinea pigs following skin contact with cob~t for 18 days. 

Generally, cobalt compounds that dissolve easily in water are more hannful than thoSe 

that are hard to dissolve in water. 

Much ofwhat we know about the effects ofradioactive cobalt comes from studies in 

animals. The greatest danger ofradiation seen in animals is the risk to the developing 

animal, with even moderate amounts ofradiation causing changes in the fetus. High 

radiation doses in animals have also been shown to cause temporary or permanent 

sterility and changes in the lungs, which affected the animals' breathing. The blood of 

exposed animals has lower numbers ofwhite blood cells (the cells that aid in resistance to 

infections) and red blood cells (which carry oxygen in the blood). Radioactive cobalt 

exposures in animals have also caused genetic damage to cells, cancer, and even death. 

Copper 

Copper is essential for good health. However, exposure to higher doses can be harmful. 

Long-term exposure to copper dust can irritate your nose, mouth, and eyes, and cause 

headaches, dizziness, nausea, and diarrhea. Ifyou drink water that contains higher than 

normal levels ofcopper, you may experience nausea, vomiting, stomach cramps, or 

diarrhea. Intentionally high intakes ofcopper can cause liver and kidney damage and 

.-..... 	 even death. We do not know ifcopper can cause cancer in humans. EPA does not classify 

copper as a human carcinogen because there are no adequate human or animal cancer 

studies. 
Lead 

The effects oflead are the same whether it enters the body through breathing or. 

sWallowing. The main target for lead toxicity is the nervous system, both in adults and 

children. Long-term exposure ofadults to lead at work has resulted in decreased 

performance in some tests that measurc functions ofthc nervous system. Lead exposure 

may also cause weakness in fingers, wrists, or ankles. Lead exposure also causes small 

increases in blood pressurc, particularly in middle-aged and older peoplc. Lead exposure 

may also cause anemia. At high levels of exposurc, lead can severely damage thc brain 

and kidneys in adults or children and ultimately cause death. In pregnant women. high 

levels ofexposure to lead may cause miscaniage. High-Ievcl exposure in men can 

damage thc organs responsible for sperm production. 

There is no conclusive proof that lead causes cancer (is carcinogenic) in humans. Kidney 

tumors have developed in rats and mice that had been given large doses ofsome kind of 

lead compounds. The Department ofHealth and Human Services (DHHS) has . 

determined that lead and lead compounds are reasonably anticipated to be human 

carcinogens based on limited evidencc from studies in humans and sufficient evidence 

fiorp. anjmal studies, and the EPA has determined that lead is a probable human 

carcinogen. The International Agency for Research on Cancer (!ARC) has determined 

that inorganic lead is probably carcinogenic to humans. IARC determined that organic 

lead compounds are not classifiable as to their c~cinogenicity in humans based on 

inadequate evidence from studies in humans and in animals. . 

Children are more vulnerab,le to lead poisoning than adults. Children are exposed to lead 

all through their lives. They can be exposed to lead in the womb iftheir mothers have 

lead in their bodies. Babies can swallow lead when they breast feed, or eat other foods, 

and drink water that contains lead. Ba~ies and children can swallow and breathe lead in 

dirt, dust or sand while they play on the floor or ground. These activities make it easier 

for children to be exposed to lead than adults. The dirt or dust on their hands, toys, and 

other items may have lead particles in it. In some cases, children swallow nonfood items 

such as paint chips; these may contain very large amounts oflead, particularly in and 

around older houses that were painted with lead·based paint. The paint in these houses 

often chips offand mixes with dust and dirt. Some old paint contains as much as SOOA. 

lead. Also, compared with adults, a bigger proportion ofthe amount oflead swallowed 

will enter the blood in children. 

Children are more s.ensitive to the health effects of lead than adults. No safe blood lead 

level in children has been detennined. Lead affects children in different ways depending 

on how much lead a child swallows. A child who swallows large amounts of lead may 

develop anemia, kidney damage, colic (severe "stomach ache"), muscle weakness, and 

brain damage, which ultimately can lead to death. Ifa child swallows smaller amounts of 

lead, such as dust containing lead from paint, much less severe but still important effects 

on blood, development, and behavior may occur. In this case, recovery is likely once the 

child is removed from the source oflead exposure, but there is no guarantee that the child 

will completely avoid alllong-tenn consequences of lead exposure. At still lower levels 
ofexposure~ lead can affect a child's mental and physical growth. FetUses exposed to lead 

in the womb, because their mothers had a lot oflead in their bodies, may be hom 

prematurely and have lower weights at birth. Exposure in the womb, in infancy, or in 

early chilQhood also may slow mental development and cause lower intelligence later in 

childhood. There is evidence that these effects may persist beyond childhood. 

Children with high blood lead levels do not have specifiC? symptoms. However, health . 

workers can find out whether a child may have been exposed to harmful levels oflead by 

taking a blood sample. They can also :find out how much lead is in a child's bones by 

taking a special type ofX-ray ofthe finger, knee, or elbow. This type oftest, however~ is 

not routine. 

Manganese 

Manganese is naturally ubiquitous in the environment. Manganese is essential for normal 

physiologic functioning in humans and animals, and exposure to low levels ofmanganese 

in the diet is considered to be nutritionally essential in humans. Chronic (long-term) 

exposure to high levels ofmanganese by inhalation in humans may result in central 

nervous system (CNS) effects. Visual reaction time, hand steadiness, and eye-hand 

coordinaticm were affected in chronically-exposed workers. Asyndrome named; .:. 

manganism may result from chronic exposure to higher levels; manganism is 

characterized by feelings ofweakness and lethargy, tremors, a mask-like faCe, and 

psychological disturbances. Respiratory effects have also been noted in workers 

chronically exposed by inhalation. Impotence and loss oflibido have been noted in male 

workers aftlicted with manganism. 

Source: http://www.epagovlttnlatwJhlthei7manganes.html 

Mercury 

The nervous system is very sensitive to mercury. In poisoning incidents that occurred in 

other countries, some people who ate fish contaminated with large amounts of 

methylmercury or seed grains treated with methylmercury or other organic mercury 

compounds developed pennanent damage to the brain and kidneys. Permanent damage 

to the brain has also been shown to occur from exposure to sufficiently high levels of 

metallic mercury. Whether exposure to inorganic mercury results in brain or nerve 

damage is not as certain, since it does not easily pass :frQm the blood into the brain. 

Metallic mercury vapors or organic mercury may affect many different areas ofthe brain 

and their associated functions, resulting in a variety ofsymptoms. These include 

personality changes (initability, shyness, nervousness), tremors, changes in vision 

(constriction (or narrowing) ofthe visual field), deafuess, muscle incoordination, loss of 

sensation, and difficulties with memory. 

Different forms ofmercury have different effects on the nervous system, because they do 

not all move through the body in the same way. When metallic mercury vapors are 

inhaled, they readily enter the bloodstream and are carried throughout the body and can 

,.-, 	 move into the brain. Breathing in or swallowing large amounts ofmethylmercury also 

results in some ofthe mercury moving into the brain and affecting the nervous system. 
Inorganic mercury salts, such as mercuric chloride, do not enter the brain as readily as 


methylmercury or metallic mercury vapor. 


The kidneys are also sensitive to the effects ofmercury, because mercury accumulates in 

the kidneys and causes higher exposures to these tissues, and thus more damage. All 

forms ofmercury can cause kidney damage iflarge enough amounts enter the body. If 

the damage caused by the mercury is not too great, the kidneys are likely to recover 'once 

the body clears itself ofthe contamination. 

In critical periods ofdevelopment before they are bom, and in the early months after 

birth, children and fetuses are particularly sensitive to the harmful effects ofmetallic 

mercury and methylmercury on the nerv0ll:S system. Harmful developmental effects may 

occur when a pregnant woman is exposed to metallic mercury and some ofthe mercury is 

transferred into her developing child, thus interfering with the development process. 

Researchers are currently studying the potential for less serious developmental effects, 

including effects on a child's behavior and ability to learn, think, and solve problems that 

may result from eating lower levels ofmethylmercury in foods. A main source of 

exposure to methylmercury for the pregnant woman and the young child is from eating :fish. . 

Nickel 

The most common harmful health effect ofnickel in humans is an allergic reaction. 

Approximately 10-15% ofthe population is sensitive to Dickel. A person can become 

sensitive to nickel whenjewelry or other things containing nickel are in direct contact 

with the skin. More women are sensitive to nickel than men. This difference between 

men and women is thought to be a result ofgreater exposure ofwomen to nickel through 

jewelry and other metal items. 

People who are not sensitive to nickel must eat very large amounts ofnickel to suffer 

hannful health effects. Workers who accidentally drank light-green water containing 250 

ppm ofnickel from a contaminated drinking fountain had stomach aches and suffered 

adverse effects in their blood (increased red blood cells) and kidneys (increased protein in 

the urine). This concentration ofnickel is more than 100,000 times greater than the 

amount usually found in drinking water. 

The most serious hannful health effects from exposure to nickel, such as chronic 

bronchitis, reduced lung function, and cancer ofthe lung and nasal sinus, have occurred 

in people who have breathed dust containing nickel compounds while working in nickel 

refineries or nickel-processing plants. The levels ofnickel in these workplaces were 

much higher than usual (background) levels in the environment. 

The U.S. Department ofHealth and Human Services (DHHS) has determined that nickel 

metal may reasonably be anticipated to be a carcinogen and nickel compounds are known 

human carcinogens. The International Agency for Research on Cancer (lARC) has 

determined that some nickel compounds are carcinogenic to humans and that metallic 
--

nickel may possibly be carcinogenic to humans. The EPA has determined that nickel 


refinery dust and nickel subsulfide are human carcinogens. 


Lung inflammation and damage to the nasal cavity have been observed in animals 

exposed to nickel compounds. At high concentrations, the lung damage is severe enough 

to affect lung function. Long·term exposure to lower l~els ofa nickel Compound that 

dissolves easily in water did not cause cancer in animals. Lung cancer developed in rats 

exposed for a long time to nickel compounds that do not dissolve easily in water. 

Oral exposure ofhumans to high levels ofsoluble nickel compounds through the 

environment is extremely unlikely. However, eating or drinking levels ofnickel much 

greater than the levek normally found in food and water have been reported to cause lung 

disease in dogs and rats and to affect the stomach, blood, liver, kidneys. ~d immune 

system in rats and mice, as well as their reproduction and development 

It is likely that the health effects seen in children exposed to nickel will be similar to the 

effects seen in adults. We do not know whether children differ from adults in their 

susceptibility to nicltel. Human studies that exam.iD.ed whether nickel can harm the 

developinS!fetus are inconclusive. Animal studies have found increases in newbern· '", 

deaths and decreases in newbom weight after ingesting nickel. These doses ate 1,000 

times higher than levels typically found in drinking water. It is likely that nickel can be 

transferred from the mother to an infant in breast milk and can cross the placenta. 

Nitrous ondes 


Ground·level Ozone (Smog) is formed when nitrous oxides (NOx) and volatile organic 


compounds (VOCs) react in the presence ofheat and sunlight. Children, the elderly, 


people with lung diseases such as asthma, and people who work or exercise outside are 


susceptible to adverse effects such as damage to lung tissue and reduction in lung 


function. Ozone can be transported by wind currents and cause health impacts far from 


the original sources. Millions ofAmericans live in areas that do not meet the health 


standards for ozone. Other impacts from ozone include damaged vegetation and reduced 


crop yields 


NOx react with ammonia, moisture, and other compounds to form nitric acid vapor and 

related particles. Human health concerns include effects on breathing and the respiratory 

system, damage to lung tissue, and premature death. Small particles penetrate deeply into 

sensitive parts of the lungs and can cause or worsen respiratory disease, such as 

emphysema and bronchitis, and aggravate existing heart disease. 

Increased nitrogen loading in water bodies, particularly coastal estuaries, upsets the 

chemical balance ofnutrients used by aquatic plants and animals. Additional nitrogen 

accelerates ueutrophication," which leads to oxygen depletion and reduces fish and 

shellfish populations. NOx emissions in the air are one ofthe largest sources ofnitrogen 

pollution to the Chesapeake Bay. 
In the air, NOx reacts readily with common orgamc chemicals, and even. ozone, to form a -


wide variety oftoxic products, some ofwhich may cause biological mutations. Examples 

ofthese chemicals include the nitrate radical, nitroarenes, and nitrosamines. 

Nitrate particles and nitrogen. dioxide.can block the transmission oflight, reducing 


visibility in urban areas and on a regional scale in the national parks. 


One member ofthe NOx family, nitrous oxide, is a greenhouse gas. It accumulates in the . 

, atmosphere with other greenhouse gases causing a gradual rise in the earth's temperature. 

This will lead to increased risks to human heal~ a rise in the sea level, and other adverse 

changes to plant and animal habitat 

Source: http://www.epa.gov/oar/noxfldr.pdf 

Particulate Matter 


Particulate matter is the term used for a mixture ofsolid particles and liquid droplets 


found in the air. Coarse particles Qarger than 2.S micrometers) come from a variety of 


sourCes including windblown dust and grinding. operations. Fine particles Qess than 2.S 


micrometers) often come from fuel combustion, power plants. and diesel buses and 


trucks.. 


These fine particles are so small that several thousand ofthem could fit on the period at 

the end ofthis sentence. They are ofhealth concern because they easily reach the deepest 

recesses ofthe lungs. Batteries ofscienti.fic studies have linked particulate matter, 

especially fine particles (alone or in combination with other air pollutants), with a series 

ofsignificant health problems, including premature death, respiratory related hospital 

admissions and emergency room visits, aggravated asthma, acute respiratory symptoms, 

including aggravated coughing and difficult or painful breathing, chronic bronchitis, 

decreased lung function that can be experienced as shortness ofbreath, and work and 

school absences. 

Those at greatest risk from exposUre to fine particles: 

The Elderly- Studies estimate that tens ofthousands ofelderly people die prematurely 


each year from exposure to ambient levels offine particles. Studies also indicate that 


exposure to fine particles is associated with thousands ofhospital admissions each'year. 


Many ofthese hospital admissions are elderly people suffering from lung or heart 


disease. 


Individuals with Preexisting Heart or Lung Disease - Breathing fine particles can also 

adversely affect individuals with heart disease, emphysema, and chronic bronchitis by 

causing additional medical treatment. Inhaling fine particulate matter has been attributed 

to increased hospital admissions, emergency room visits and premature death among 

sensitive popUlations. 

Children - The average adult breathes 13,000 liters of air per day; children breathe 50 

percent more air per pound ofbody weight than adults. Because children's respiratory 
-
 systems are still developing. they are more susceptible to environmental threats than 

healthy adults. Exposure to fine particles is associated with increased frequency of 

childhood illnesses, which are ofconcern both in the short run, and for the future 

development ofhealthy lungs in the affected children. Fine particles are also associated 

with increased respiratory symptoms and reduced lung function in children, including 

symptoms such as aggravated coughing and difficulty or pain in breathing. These can 

result in school absences and limitations in normal childhood activities. 

Asthmatics and Asthmatic Children - More and more people are being diagnosed with 

asthma every year. Fourteen Americans die every day from asthma, a rate three times 

greater than just 20 years ago. Children make up 2S percent ofthe population, but 

comprise 40 percent ofall asthma cases. Breathing fine particles, alone or in combination 

with other pollutants, can aggravate asthma, causing greater use ofmedication and 

resulting in more medical treatment and hospital visits. 

How do Particulate Matter and Fine Particles Affect the Environment? 

The same fine particles linked to serious health effects are also a major cause ofvisibility 

impairment in many parts ofthe U.S. In many parts ofthe U.S. the visual range has been 

reduced 700A. from natural conditions. In the east, the CUITellt range is only 14-24 miles . ., 

vs. a natural visibility of90 miles. In the west, the current range is 33-90 miles vs. a 

natural visibility of 140 miles. Fine particles can remain suspended in the air and travel 

long distances. For example, a puff ofexhaust from a diesel truck in Los Angeles can end

- up over the Grand Canyon, where one-third ofthe haze comes from Southern California. 

Emissions from a Los Angeles oil refinery can form particles that in a few days will 

affect visibility in the Rocky Mountain National Park. Twenty percent ofthe problem on 

dirtiest days in that Park is attributed to Los Angeles-generated smog. 

Airborne particles can also cause soiling and damage to materials. 

Source: http://www.e:pa.gov/ttnloamglnaagsfin/pmhealth.html 

Radioactive materia) 

Coal combustion releases radioactive materials such as uranium, radon and thorium into 

the atmosphere. While there are natural background levels ofthese materials in soils, it 

has been shown that coal-fired power plants increase the amount ofradioactive content of 

soils in the area ofplants.. 

Source: Adrovic F. et al., "Measurements ofEnvironmental Background Radiation at 

Location ofCoal-Fired Power Plants." Radial Prol Dosimetry. 2004;112(3). pp. 439­

432. 

The main health concern with exposure to radioactive materials is cancer. 

Selenium 

The general public rarely breathes high levels ofselenium, although some people may be 

exposed to selenium dust and seleniwn compounds. The normal intake ofselenium by 

eating food is enough to meet the Recommended Daily Allowance (RDA) for this 

essential nutrient. Selenium compounds can be harmful at daily dietary levels that are 

higher than needed. The seriousness ofthe effects ofexcess selenium depends on how 
much selenium is eaten and how often. Intentional or accidental swallowing of a large 

amount ofsodium selenate or sodium selenite (for example, a very large quantity of 

selenium supplement pills) could be life-threatening without immediate medical 

treatment. Even ifmildly excessive amounts ofselenium arC eaten over long periods, 

brittle hair and deformed nails can develop. In extreme cases, people may lose feeling 

and control in arms and legs. These health effects, called selenosis, were seen in several 

villages in China where people were exposed to foods bigh in selenium for months to 

years. No human populations in the United States have been reported with long-term 

selenium poisoning, including populations in the western part ofthe country where 

selenium leVels are naturally bigh in the soil. Because most people in the United States 

eat foods produced in many diff~t areas, overexposure to seleniUm in food is unlikely 

to occur. 

In some regions ofChina where soU levels ofselenium are very low, not eating enough 

selenium has resulted in health effects. Selenium is used by the body in antioxidant 

enzymes that protect against damage to tissues done by oxygen, and in an enzyme that 

affects growth and metabolism. Not eating enough selenium can cause heart problems 

and muscle pain. Muscle pain has also been noted in people fed intravenously for a long 

time with solutions that did not contain selenium. Babies bom early may be more 

sensitive to not haVing enough selenium, and this may contribute to lung effects. In the 

United States, selenium in food is sufficient to meet the RDA and prevent harmful effects 

from not enough selenium. 

Studies oflaboratory animals and people show that most selenium compounds probably 

do oot cause cancer. In fact, some -studies ofcancer in humans suggest that lower-thannormal selenium levels in the diet might increase the risk ofcancer. Other studies sugg~ 

that dietary levels of selenium that are higher than I"lormal might reduce the risk of cancer 

in humans. However~ taking selenium so that your daily amount is greater than that 

requiI~ might just increase your risk ofselenium poisoning. 

Based on studies done until 1987, the International Agency for Research on Cancer 


(IARC) detemrined that selenium and selenium compounds could not be classified as to 


their ability to cause cancer in humans. However, since then, the EPA has determined 


that one specific form ofselenium, called selenium sulfide, is a probable human 


carcinogen. Selenium sulfide is the only selenium compound shown to cause cancer in 


animals. 


v cry high amounts ofselenium have caused decreased sperm counts, increased abnormal 

sperm, changes in the female reproductive,cycle in rats, and changes in the menstrual 

cycle in monkeys. The relevance ofthe reproductive effects ofselenium exposure in 

animals studied to potential reproductive effects in humans is not known. Selenium 

compounds have not been shown to cause birth defects in humans or in other mammals. 

Children living near selenium waste sites or coal burning plants are likely to be exposed 

to higher environmental levels ofselenium through breathing, touching soil, and eating 

contaminated soil. Children living in areas of China with high selenium in the soil had 

-

-


higher levels ofselenimn in the blood than adults from that area. Very few stUdies have 

looked at how selenium can affect the health ofchildren. Children need small amounts of 

selenium for normal growth and development. Children will probably show the same sort 

ofhealth effects:from selenimn exposure as adults, but some studies suggest that they 

may be less susceptible to health effects ofselenium than adults. 

We do not know ifexposure to selenium could result in birth defects in people. Selenium 

compounds have not been shown to cause birth defects in humans or in other mammals. 

There is no information to suggest that there are any differences between children and 

adults in where selenium is found in the body or in how fast it enters or leaves the body. 

Studies in laboratory animals have shown that selenium crosses the placenta and enters 

the fetus. Studies in humans show that infants are supplied with selenium through breast 

milk, and therefore, women who were exposed to selenium by living near a waste site 

. might transfer selenium to their babies. However, babies in areas ofChina with high 

selenium in the soil did not show any signs ofhealth effects due to selenimn, even though 

some oftheir parents did. 

Su1fur dioxide . Sulfur dioxicie"is agas that leads to haze and acid rain. Short-term expoSUIl$-to'Mgh ' .~ 

levels ofsulfur dioxide can be life-threatening. Exposure to 100 parts ofsulfur dioxide 

per million parts ofair (ppm) is considered immediately dangerous to life and health. 

Previously healthy nonsmoking miners who breathed sulfur dioxide released as a result of 

an explosion in an underground copper mine developed burning ofthe nose and throat, 

breathing difficulties, and severe airway obstructions. Long-term exposure to persistent 

levels ofsulfur dioxide can also affect your health. Lungfimction changes have been 

observed in some workers exposed to 0.4-3.0 ppm sulfur dioxide for 20 years or more. 

However, these workers were also exposed to other chemicals, making it difficult to 

attribute their health effects to sulfur .dioxide exposure alone. Additionally, exercising 

astbmatics are sensitive to the respiratory effects oflow concentrations (0.25 ppm) of 

sulfur dioxide. For comparative purposes, typical outdoor concentrations ofsulfur 

dioxide may range from 0 to 1 ppm. 

Studies in animals support the human data regarding respiratory effects ofsulfur dioxide. 

At low levels Oess than 1 ppm) ofsulfur dioxide exposure, guinea pigs displayed changes 

in their ability to breathe as deeply or as much air per breath. More severe symptoms 

seen in animals exposed to high concentrations ofsulfur dioxide include decreased 

respiration, inflammation or infection ofthe airways, and dest:ruetion ofareas ofthe lung. 

Since sulfur dioxide is primarily present as a gas, the general public is exposed to it 

mostly by breathing contaminated air. Levels ofsulfur dioxide in the atmosphere vary 

from region to region and are mainly influenced by the intensity ofindustry and 

development usually associated with cities. Therefore, children with the highest 

exposure to sulfur dioxide are those living near industrial sources (i.e., industries that 

process or burn coal or oil, copper smelting plants, sulfuric acid manufacturers, fertilizer 

factories, or paper pulp factories). 
Most ofthe effects of sulfur dioxide exposure that occur in adults (i.e., difficulty 

breathing, changes in the ability to breathe as deeply or take in as much air per breath, 

and burning ofthe nose and throat) are also ofpotential concern in children, but it is 

unknown whether children are more vulnerable to exposure. Children may be exposed to 

more sulfur dioxide than adults because they breathe more air for their body weight than 

adults do. Children also exercise more frequently than adults. Exercise increases 

breathing rate. This increase results in both a greater amount of sulfur dioxide in the 

lungs and enhanced effects on the lungs. One study suggested that a person's respiratory 

health, and not his or her age, determines vulnerability to the effects ofbreathing sulfur 

dioxide. This study implies that healthy adolescents (ages 12-17) are no more wlnerable 

to the effects ofbreathing sulfur dioxide than healthy senior citizens. 

Long-term studies surveying large nUmbers of children have indicated possible 

associations between sulfur dioxide pollution and respiratory symptoms or reduced 

breathing ability. Children who have breathed sulfur dioxide pollution may develop 

more breathing problems as they get older, may make more emergency room visits for 

treatment ofwheezing fits, and may get more respiratory illnesses than is typical for 

children. However, studies like these are unable to provide conclusive evidence about 

sulfur dioxide's effects on children's health because many other pollutants. are also present in~~ .. 

It is known that exercising asthmatics are sensitive to low concentrations of sulfur 

dioxide. Therefore, increased susceptibility is expected in children with asthma, but it is 

not known whether asthmatic children are more sensitive than asthmatic adults. 

Additionally, asthma occurs most often in Afiican Americans, children between the ages 

of8 and 11, and people living in cities. For unknown reasons, the death rates associated 

with asthma are also higher in non-Caucasian people. Therefore, it is expected that 

asthmatic, African American children living in urban areas have increased sensitivity to 

sulfur dioxide. 

Vanadium 


Ifyou breathe large amounts ofvanadium dusts for short or long periods, you will have 


lung irritation that can make you cough, and you can also have a sore throat and red 


irritated eyes. These effects stop soon after you stop breathing it. People who breathed 


0.1 milligram (mg) ofvanadium per cubic meter (m3

) ofair for 8 hours coughed for about 

1 week and had irritated eyes. No studies designed to look for cancer in laboratory 

animals exposed to vanadium were found. In studies that looked for health effects other 

than cancer, rats and mice that drank water containing vanadium or breathed in air 

containing vanadium throughout their lives did not have more tumors than animals that 

were not exposed to vanadium. Some minor birth defects (such as slightly smaller 

offspring, offspring with broken blood vessels on parts oftheir bodies or chemical 

changes in their lungs) occurred when female rats drank vanadium in water when they 

were pregnant. It is not know ifvanadium would cause birth defects in people because 

-


these effects may occur only in animals. Monkeys and rats that breathed the dusts of 

vanadium compounds had changes in the cells in the lungs. Rats that drank sodium ­
,-	 Nov. 3, 2006 

To: Martin Bauer, Department of Environmental Quality 


From: Ken Miller, NW Energy Coalition 


Re: Rulemaking on federal mercury trading program 


Dear Mr. Bauer: 

On behalfofthe NW Energy Coalition, I appreciate the opportunity to submit the 

following comments regarding Docket No. 58-0101-0603. 

The NW Energy Coalition supports the actions by the Idaho Legislature with regard to 

the current two-year moratorium on construction of in-state Coal-Fired Electric Utility 

Steam Generating Units (EGUs), and also the decision by Gov. James Risch to opt out of 

the federal mercury emissions trading regime. The rules, considered together, present 

Idaho with a rare opportunity to take affirmative actions to protect the health and safety 

of Idahoans, as well as to protect Idaho's environment from the myriad impacts 

associated with BGUs elsewhere . 

. '<II."'...;.... "'1", #. 	 .• ........... ... 


NW Energy Coalition was a co-signor ofthe Idaho Conservation League's Petition for 

Initiating ofRulemaking 58.01.01, Rules for the Control ofAir Pollution in Idaho. 

NWEC similarly recommends the Idaho Board of Environmental Quality promulgate a 

- rolemaking on Idaho's participation in the proposed federal mercury trading program as 

part ofthe Clean Air Mercury Rule (CAMR). 

For 25 years, ·the NW Energy Coalition has advocated clean and sustainable energy 

policies in the Pacific Northwest. In my capacity as Idaho Energy Advocate, I work with 

our Coalition members as well as with energy policymakers in the legislative and 

executive branches ofstate government, and also with Idaho utilities, in support of 

progressive energy policies in Idaho and our region. We believe the pending federal 

CAMR and its provisions to control mercury emissions from EGUs presents Idaho with 

an invaluable opportunity act proactively on behalf ofthe welfare ofits residents and its 

natural environment. 

There currently exists no rationale for Idaho to embark on the kind ofmercury trading 

program contemplated by EPA and CAMR. Having followed the integrated resource plan 

(JRP) development ofIdaho's three investor-owned utilities, I am unaware ofany IOU 

IRP that proposes construction ofa coal-fired power plant within Idaho. Idaho Power 

Co., in its 2006JRP, which was recently submitted to the Idaho Public Utilities 

Commission, envisions acquisition ofenergy from two coal-fired plants within the 2006 

IRP's planning horizon. They include a pulverized coal plant in Wyoming (250MW in 

2013), as well as a ''regional" IGCC (coal gasification) plant expected to generate another 

250MW ofpower and to come on line in 2017. Neither of these plants are contemplated 

for development in Idaho. In addition, NWEC is unaware ofplans by Avista or 

-. 	 PacifiCorp (Rocky Mountain Power) to develop BGUs in Idaho within their planning 


horizons. 

And for good reason. The people of Idaho have spoken on this issue, and their elected 

officials, from state lawmakers to the governor, have responded. Idahoans do not support 

construction ofcoal-fired EGUs in this state, and as a result we have both a moratorium 

on such construction as well as a directive from the governor's office to have Idaho not 

participate in an ill-advised Hg trading program. 

The surest way for the Department ofEnvironmental Quality and the Board of 

Environmental Quality to ensure that the desires of the people ofIdaho and their elected 

officials are met is to process this rule and to opt Idaho out ofa mercury trading program. 

As currently envisioned under the CA.MR., Idaho's decision to opt out of a mercury 

trading program would mean Idaho cannot build a mercury-emitting coal plant Idaho 

will be granted no emission allowances to trade under a mercury trading program because 

we have no mercury-emitting EOUs. And as mentioned above, there are no plans by 

Idaho--regulated utilities to construct any within the 20-year time frames in their 

respective IRPs. Furthermore, none ofthese utilities, so far as we are aware, plan to 

participate in an in-state merchant power plant. 

The only scenario for a proposed coal-fired power plant (excluding IGCC powt:rplants 

that have been proposed but for which no permits have been requested) would be for a 

merchant plant, such as that proposed last year by Sempra Energy, to be proposed. As 

you are aware, Sempra withdrew its applications to construct in Idaho last winter and ­

announced it was pursuing other, non-coal, energy opportunities in jurisdictions outside 

of Idaho. Sempra has provided no evidence that it plans to return to Idaho with plans for 

another coal plant; and no other prospective coal plant developers have approached the 

state with similar plans. 

Rather than place Idaho in a position ofbuying into a trading scheme that would permit 

the importation ofone ofthe most toxic elements known to man for no recognizable 

benefit to Idahoans, NWEC joins the Idaho Conservation League and others in 

encouraging the state ofIdaho to opt out ofa mercury program that has no discemable 

benefits to Idahoans. 

It has been argued by some that Idaho should opt in to a trading program to grant utilities 

the greatest flexibility in meeting Idaho's future power needs. Unless and until any utility 

comes before Idaho's regulatory agencies (ie, the Public Utilities Commission or the 

Department ofEnvironmental Quality) to signal their interest in building an in-state coal 

plant, the overriding interests of Idahoans is that the state retain the right to opt in to a 

mercury trading program after a thorough discussion among all stakeholders and 

policymakers at the state and local levels. Any discussion to opt in to the mercury trading 

program should only be undertaken after aU state agencies have had an opportunity to 

fully consider the impacts of such a decision. In opting out ofthe program, Idaho is not 

forfeiting a future decision to join the program. In opting into the program, Idaho is 

accepting an irreversible decision to import a dangerous toxin with no recognized benefit ­

to Idahoans. 
-


Finally. as the Department is aware, the Idaho Legislature is in the process ofdeveloping 

a new State Energy Plan. That plan is expected to be completed sometime in early 2008. 

As a participant in that process, I can assure you legislators have carefully weighed the 

state's position on coal-rued plant development within Idaho and also the health and 

environmental impacts of such development, were it to occur. While still in development . 

as ofthis date, that plan contemplates that I~o will continue with its current 

moratorium on coal plant development and also with the governor's directive on opting 

out ofthe mercury trading program. As ofMonday, Oct. 30, the last meeting ofthe 

interim energy committee, the Energy Plan will likely include directions to your 

department as well as other relevant departments and agencies to more deeply study the 

issues presented in this mlemaking. As a result, any decision other than opting out ofthe 

program would not only be premature, but would also be contrary to the decisions 

already made by the governor and by the Legislature. 

By opting out of such a program, Idaho and those such as your Board who are entrusted 

to protecting our natural environment and the health and safety of all Idahoans can reap 

the benefits oftime to properly study the impacts ofthis monumental decision. Toward 

that end, and until the DEQ, the Department ofHealth and Welfare, and other state 

agencies have been accorded reasonable time and resources to analyze the impacts of 

participating in a mercury trading program, we urge the Board to grant this petition for a 

mlemaking to plot a reasonable and defensible course for Idaho with regard to its 

participation in an EOU mercury emissions program. 

Rerl~~ 

Ken Miller 

Idaho Energy Advocate 

NW Energy Coalition 

5400 W. Franklin, Suite 0 

Boise, ID 83705 

E-mail: ken@nwenergy.org 

Phone: (208) 890-3944 
SIGN-IN ROSTIIR POR PUBUC H&ARINa 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0603 

Electric Generating Unit (EGU) Construction Prohibition 

LOCATION: Department of Environmental Quality Conference Center, 1410 N. Hilton, Boise, Idaho 

DATE: November 3. 2006 

NAME 00 YOU WISH MAILING ORGANIZATION TO TESTIFY? you .uppoxt. t.he 

(PLEASE ADDRESS REPRESENTED pxopolNld. J:Ul.. 

PRINT) (IF ANY) (YES/NO) (opting out of 

the federal cap 

and trade 

program for 

mercury 

emissions from 

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SIGN-IN RGeTIUI POR PU1"LIC H.aIIING ) ) Rulea for the Control of Air Pollution In Idaho,: Iket No. 58-0101..Q803 

Electric Generating Unit (EGU) Construction Prohibition 

LOCATION: Department of Environmental Quality Conference Center. 1410 N. Hilton, Boise, Idaho 


DATE: November 3. 2006 


NAME 

(PLEASE 

PRINT) 

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DO YOU WISH 1Ddicate bare if 

MAILING ORGANIZATION you. .upport tba 

ADDRESS REPRESENTED (cg)? prGpae" :n&le 

(IF ANY) 

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and trade 

FIt.. cJ2 IPA nll i}.".l{l-A-I., Y'e> program for , 1..0 . C,N"" c:;., "" mercury 

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FOpo." :n&le 

State of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

1410 North Hilton. 8oI... ID 83701-1251, (208) 373-0502 Jam.. E. Rlach, Governor 

Toni Hardesty, Dlntetor 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUAUTY 


ADOPTION OF PENDING RULES 


DOCKET NO. 58-0101-0803 


Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, 

Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 

declare that the Rules for the Control of Air Pollution in Idaho are hereby adopted as pending rules as 

presented in the attached Final Proposal. 

STATE OF IDAHO 

County of Ada 

On this 16th day of November, 2006, before me, the undersigned, a Notary Public in and 

for said State, personally appeared Joan Cloonan known to me to be the person whose name is 

subscribed to the within instrument and acknowledged to me that he executed the same. 

IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and 

year in this certificate first above written. 

Notary Public Idaho 

Residing at: 4 1d.L.~( « ..f,o 

Expires: *,,*<"9,/() 7 ' 
RULE PROMULGATION AUTHORITY CHECKLIST (

Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01 

Docket No. 58-0101-0603 

DATE INITIALS 

- r(tH: 

F 

Legal Review of Proposed Administrative Rules Form 

Director Approval of Proposed Administrative Rules Form 

Approval Received from DFM/Govemor 

Legal Review of ProposedlT emporary Rule Docket 

Director Approval of ProposedlTemporary Rule Docket 

~ Board Adoption of Temporary Rule 

\ki V-Legal Review of PendingfTemporary Rule Docket 

Director Approval of Pending/Temporary Rule Docket 

Board Adoption of Pending/Temporary Rule 

-

'\ \ '\ 

Docket Number: 58-0101-0603 

Effective Date: 2007 Sine die 

Rules Title: Rules for the Control of Air Pollution in Idaho 

Agency Contact and Phone: Martin Bauer. 373-0440 

Public Notice 

Negotiated Rule Making: [ ] Ves 

Groups Involved: N/A 

[X]No 

Descriptive Summary: 

Federal law requires the state of Idaho to submit a plan to EPA by November 17, 2006, that (1) 

ensures the state meets its Annual Coal Fired Electric Utility Steam Generating Unit (EGU) 

Mercury (Hg) budget for the appropriate periods; and (2) requires EGUs to comply with various 

monitoring, recordkeeping and reporting provisions. 40 CFR 60.24(h). 

Hearings: [X] Ves [ ]No 

Locations and Dates: Boise, 10/10/06 

As part of the plan. DEQ proposes a rule to opt out of, or not partiCipate in, the federal cap and 

trade program for Hg emiSSions from EGUs. codified at 40 CFR Part 60, Subpart HHHH. 

Additionally. to meet the state of Idaho's zero budget, DEQ proposes a rule that prohibits the 

construction of any EGU with Hg emissions. 

Written Comment Deadline: 10/10/06 

On August 9, 2006, Governor Risch Signed Executive Order No. 2006-25, directing DEQ to 

initiate rulemaking opting Idaho out of the Clean Air Act Mercury Cap and Trade Rule. In order 

to complete the public partiCipation process for a proposed rule in time for Board adoption and 

then review by the 2007 Idaho Legislature. it was necessary for DEQ to submit proposed rule 

docket 58-0101-0603 to the Office of Administrative Rules by August 23, 2006 for publication 

in the October 2006 issue of the Idaho Administrative Bulletin. Proposed rule docket 58-0101­

0603 and Executive Order No. 2006-25 were published in the Idaho Administrative Bulletin on 

October 4, 2006 (http://adm.idaho.gov/adminrulesibulletin/bul/06oct.pdf). 

Cost Impact 

Agency: None anticipated. 

Regulated Community: None antiCipated. 

Public comments were received. The proposed rule has not been revised. DEQ recommends 

that the Board adopt the rule, as presented in the final proposal, as a pending rule with a final 

effective date coinciding with the adjournment sine die of the First Regular Session of the Fiftyninth Idaho Legislature. The rule is subject to review by the Legislature before becoming final 

and effective. 

Relevant Statutes: Idaho Code §§ 39-105 and 107 

Idaho Code § 39-1070 Statement: This rule does not regulate 

an activity not regulated by the federal government. nor is it 

broader in scope or more stringent than federal regulations. 

Idaho Code § 67-5221{c) Fiscal Impact Statement: 

The following is a specifIC description, if applicable, of any 

negative fiscal impact on the state general fund greater than 

ten thousand dollars ($10.000) during the fiscal year: N/A 

Rulemaking and Public Comment Summary - Page 1 
I 

Temporary Rule 	 [] Necessary to protect public health, safety or welfare 

[ I Compliance with deadlines in amendments to governing law or federal programs 

[ 1 Conferring a benefit 

Docket Number: 58-01Q1-Q603 

Section Existing Rule Summary Temporary and/or Proposed 

Rule Summary 

Summary of Rule Changes 

Based on Public Comment 

Outstanding Issues 

199 New section. Electric Generating Unit 

Construction Prohibition. 

This section has not been 

changed. See attached 

Response to Comments. 

j 	 ) Rulemaking and Public Comment SUIllJY - Page 2 
--

THE OFFICE OF THE GOVERNOR 

EXECUTIVE DEPARTMENT 


STATE OF IDAHO 


BOISE 


EXECUTIVE ORDER NO. 2006-25 


DIRECTING THE IDAHO DEPARTMENTOF ENVIRONMENTAL QUALITY TO INITIATE RULEMAKING 


OPTING IDAHO OUT OF THE CLEAN AIR ACTMERCURY CAP AND TRADE RULE 


WHEREAS. the United States Environmental Protection Agency (EPA) has developed a national rule 

regulating mercury emissions from energy producing coal-fired utilities; and 

WHEREAS. the national rule allows states to choose whether they want to opt into an interstate cap and 

trade program; and 

WHEREAS. ifthe State does not formally opt-out ofthe trading program. the EPA will initiate the process to 

opt Idaho into the trading program; and 

WHEREAS. the decision to opt-in or opt-out ofthe Clean Air Act Mercury Cap and Trade Rule has been of 

great interest throughout the State; 

- . NOW, THEREFORE. I. JAMES E. RISCH, Governor ofthe State ofIdaho. by the authority vested in me under the 

Constitution and laws of the State ofIdaho do hereby direct the Idaho Department of Environmental Quality to 

initiate rulemalcing. opting the State ofIdaho out ofthe Clean Air Act Mercury Cap and Trade Rule. 

IN WITNESS WHEREOF, I have hereunto set my haud and caused to be affixed the Great Seal of 

the State ofIdaho at the Capitol in Boise on this rp day ofA ugust. in the year ofour Lord two 

thousand and six. and of the independence of the United States ofAmerica the two hundred 

thirty-first and ofthe Statehood ofIdaho the one hundred seventeenth. 

JAMES E. RISCH 

GOVERNOR 

BENYSURSA 

SECRETARY OF STATE 

Idabo Administrative Bulletin Page 19 October 4. 2006 - Vol. 06-10 
DEQ's Response to Comments 

Docket Nos. 58-0 I 0 1-0602 and 58-0101-0603 - Commenter: Mountain Island Energy Holdings, LLC 

Comment 1: MIEH requests that the proposed rule excluding the Clean Air Mercury 

Rule (CAMR) be withdrawn or deferred and the Department and the Board commence studies on 

the environmental, public health, and economic impacts of this important action. Without 

additional information and evaluation, the Department and the Board cannot be sure that 

establishing such law in Idaho is in the best interests of its citizens. 

Response: Prior to participating in a national cap-and-trade program, which is part ofthe 

CAMR, the Department determined it best to conduct studies on, among other things, the 

environment, public health, and economic impacts discussed by the commenter. DEQ has been 

and is currently monitoring for mercury in several places in the southern sections ofIdaho. 

Additionally, the legislature has convened an interim legislative committee to address energy 

issues and develop a statewide energy plan. Until all this information is developed and decisions 

are made concerning Idaho's energy plan, Idaho is opting out ofthe CAMR rule. 

Because the Department incorporates all of40 CFR 60 in IDAPA 58.01.01.107.03.h, the 

CAMR is specifically excluded from this incorporation under IDAPA 58.01.01.107.03.p. This 

rule is part ofthe Plan to meet the November 17, 2006 deadline for a submittal to EPA ofa _ 

CAMR plan per 40 CFR 60.24. The proposed Plan is attached as Exhibit A. If Idaho fails to 

submit a CAMR plan by November 17, 2006, then EPA will "promptly prepare and publish 

proposed regulations setting forth a plan." 40 CFR 60.27. Thus, ifthe state postponed acting on 

this matter, the federal government will act for the state. Idaho may submit future revisions to 

the Plan, which may include rule changes. 

Commenter: Avista Utilities 

Comment 2: The rule in Docket No. 58-0101-0602 has been proposed without a 

statement in non-technical language ofthe substance ofthe proposed rule. 

Response: The Notice to Docket No. 58-0101-0602 expressly states that the proposed 

rule updates citations to federal regulations incorporated by reference to include those revised as 

ofJuly 1, 2006, and then exempts from incorporation all federal regulations regarding coal-fired 

utilities. Although DEQ feels this is very simple, non-technical, and straightforward, the 

following history is provided. 

The Department annually updates the incorporation of the entire 40 CFR Part 60 

regulation. Attached as Exhibit B is the notice ofrulemaking that appeared in the August 2005 

Bulletin proposing an annual update to the federal regulations. Attached as Exhibit C is a notice 

of extension of comment period which appeared in the October 5, 2005 Bulletin, extending the 

comment period ofthe incorporation by reference to October 26, 2005. This Notice specifically 

stated: " ... this proposed rule updates citations to federal regulations incorporated by reference to 
,- include those revised as ofJuly 1,2005, which includes the final rule for standards of 

performance for new and existing stationary sources, electric utilities steam generating units, 70 

Fed. Reg. 51267 (May 18,2005)." 

On October 21,2005, EPA agreed to reconsider a number of issues in the CAMR. See 

70 Fed. Reg. 62199 and 62213 (October 28, 2005). Consequently, and at the conclusion of the 

comment period, the Department issued a press release dated October 27,2005, stating 

"[c ]onsideration ofthe Board of Environmental Quality of a federal rule regulating mercury 

emissions from coal-fired power plants has been postponed pending reconsideration ofthe rule 

by the U.S. Environmental Protection Agency (EPA) .... 'It would be premature for the state to 

act on this rule at this time,' said D EQ Director Toni Hardesty .... Board consideration ofother 

federal air quality rules for incorporation into state rules will proceed as scheduled. The Board 

will meet November 16 and 17 in Boise." See Exhibit D. Another press release dated 

November 4, 2004 was issued by the Department stating "[c ]onsideration ofthe federal Clean 

Air Mercury Rule regulating mercury emissions from coal-fired power plants has been 

postponed pending reconsideration ofthe rule by the U.S. Environmental Protection Agency." 

See Exhibit E. . 

On November 9, 2005, the Department posted on its website that DEQ noted that it 

intended to propose to the Board that the Board not act on the CAMR rule pending EPA's 

finalization ofthe reconsideration issues. IDAPA 58.01.01.107.03.q appeared in this notice. 

Subpart q only excluded the federal register notice for coal-fired utilities. Failure to exclude 

- such notice would result in incorporation ofthe CAMR rule into DEQ's rules at IDAPA 

58.01.01.107.03h as DEQ incorporates all 40 CFR Part 60 and updates it annually. See Exhibit 

F. 

The CAMR rule was discussed at the November 17,2005 Board meeting. Board minutes 

state as follows: 

AGENDA ITEM No. 13: RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, 


DOCKET No. 58-0101-0505, (PENDING RULE) (ANNUAL UPDATE 


OF FEDERAL REGULATIONS INCORPORATED BYREFERENCE) 


Chairman MacMillan announced the federal Clean Air Mercury Rule (CAMR) 

section ofthis rule has been removed pending reconsideration ofthe rule by the 

EPA. It will be brought back before the Board at some point in the future. 

Martin Bauer said this rule is an annual update needed to incorporate by reference 

updates offederal rules. The update will ensure consistency with the federal rules 

and is necessary for the state to maintain delegation ofthe program. Negotiated 

rulemaking was not conducted, but public comment was taken and a hearing was 

held. DEQ received 600 comments opposing the CAMR rule. EPA then issued a 

notice they were reconsidering seven sections ofthe rule. DEQ felt it was not 

prudent to adopt a rule that EPA was reconsidering and could potentially change, 

so the CAMR rule was removed from this rulemaking. When EPA makes a final 

decision on the CAMR rule, DEQ will handle it as a new rulemaking and conduct 

negotiated rulemaking. This rule does not regulate an activity not regulated by the 

2 
federal government, nor is it broader in scope or more stringent than federal 

regulations. 
 - MOTION: Dr. Joan Cloonan moved the Board adopt the Rules for the Control of 


Air Pollution in Idaho as presented in the final proposal under Docket No. 58­

0101-0505. 


SECOND: Craig Harlen 


VOICE VOTE: Motion carried by unanimous voice vote. 


Mr. Bauer explained the issues being reconsidered by EPA in the CAMR rule. 


There are two main reconsiderations; one is a process or legal consideration on 


how the rule was passed, and the other pertains to how the caps on mercury were 


developed. He briefly discussed the cap and trade program. 


Exhibit G. 

Notice of the pending rule, excluding the CAMR, which included Subpart q, was 

published in the Administrative Bulletin on January 4,2006. Exhibit H. The pending rule 

became final and effective upon the adjournment sine die of the Second Regular Session. 

Attached as Exhibit I and J are the minutes from the House Environmental Energy & 

Technology Sub Committee #1 and the Senate Health and Welfare Committee regarding the 

CAMR exclusion. 

On May 8, 2006, the Idaho Conservation League and others filed a Petition to Initiate 

Rulemaking to opt out ofthe federal mercury cap-and-trade program at 40 CFR Part 60 HHHH 

and prohibit construction ofEGUs. Exhibit K. On June 5, 2006, DEQ Director Hardesty was ­ copied on a letter signed by 33 members ofthe Senate requesting measures be takeq to ensure 

that the state ofIdaho opt out of the federal mercury cap-and-trade program. In so doing, they 

state "we believe that a better understanding ofthe source, nature and extent, and potential 

impacts ofmercury contamination in Idaho is needed." See Exhibit L. On June 9, 2006, notice 

was published on EPA's final actions on reconsideration. 71 Fed. Reg. 333889 (June 9, 2006). 

(Put in statement when reconsideration occurred & cite. June 9 in (p» On June 22,2006, EPA 

notified Director Hardesty by letter that the State could opt out of the cap-and-trade program and 

later decide to opt into the trading program. Exhibit M. 

At the June 22, 2006, Board meeting, the Board heard Idaho Conservation League's 

Petition for Initiation ofRulemaking. Attached Agenda Item No.9 to the minutes includes 

eleven pages ofdiscussion ofthe CAMR rule. State Representative Sharon Block testified in 

support ofICL' s Petition and submitted petitions to the Board signed by approximately 8,000 

people who oppose the building of coal-fired power plants. Dick Rush, vice-president of IACI, 

and Neil Colwell of the A vista Corporation testified in opposition to the Petition. 

At the conclusion of the hearing, the Board granted the Petition oflCL in the following 

respects: "1) to commence rulemaking to opt out ofthe EPA Mercury Cap-and-trade CAMR 

Program, and 2) to commence negotiated rulemaking to develop a state rule on mercury air 

emissions that is protective of health and the environment to allow the state to potentially opt 

into the CAMR Program in the future, and denying the petition in all other respects." Exhibit N. 

3 
In the September 6,2006 Administrative Bulletin, DEQ noted that the federal register 

publications regarding coal-fired utilities are specifically exempted in IDAPA 58.01.01.107.03.p. 

Exhibit O. Subpart p includes the reconsideration determination dated June 9, 2006, and 

standards for coal-fired utilities, which were revised February 27, 2006. DEQ posted this 

information on its website August 23, 2006. Exhibit P. 

Furthermore, the October 4,2006, Bulletin contains the Notice for Docket No. 58-0101­

0603; it specifically states: 

DESCRIPTIVE SUMMARY: Federal law requires the state ofIdaho to submit 

a plan to EPA by November 17,2006, that (1) ensures the state meets its Annual 

Coal Fired Electric Utility Steam Generating Unit (EGU) Mercury (Hg) budget 

for the appropriate periods; and (2) requires EGUs to comply with various 

monitoring, recordkeeping and reporting provisions. 40 CFR 60.24(h). 

As part ofthe plan, DEQ proposes a rule to opt out of, or not participate in, the. 

federal cap and trade program for Hg emissions from EGUs, codified at 40 CFR 

Part 60, Subpart HHHH. Additionally, to meet the state of Idaho's zero budget, 

DEQ proposes a rule that prohibits the construction of any EGU with Hg 

emissions. 

After consideration of public comments, DEQ intends to present the final 

- proposal to the Board of Environmental Quality in November 2006 for adoption 

of a pending rule. The rule is expected to be final and effective upon the 

conclusion ofthe 2007 session ofthe Idaho Legislature if adopted by the Board 

. and approved by the Legislature. 

Exhibit Q. This information was also posted on DEQ's website on September 20, 2006. Exhibit 

R. The rule in Docket No. 58-0101-0603 contains the construction prohibition portion ofthe 

CAMR plan, while Docket No. 58-0101-0602 simply exempts from Idaho law the federal 

CAMR. 

Comment 3: A vista believes it would be premature to adopt the regulation at this time 

without further study and information gathering, concerning the economic and environmental 

impacts ofinnovative coal technologies. 

Response: See Response to Comment No.1. 

Comment 4: The proposed text excludes publications related to sources other than coalfired facilities owned or operated by utilities. 

Response: The commenter is correct. It is the Department's intent to exclude from 

incorporation by reference only those regulations pertaining to coal-fired electric utility steam 

generating units as defined in 40 CFR 60.24. Because the February 27, 2006 Federal Register 

contains regulations that apply to sources other than EGUs, the following clause has been added 

4 
to that specific cite: "only as it applies to coal-fired electric steam generating units as defined in 

40 CFR 60.24." 

Comment 5: We cannot determine when rule (q) was noticed to the public, when the 

comment period transpired, or when the Board voted on the rule. 

Response: See Response to Comment No.2. 

Comment 6: At its June 22, 2006 meeting, the Board ofthe Department of 

Environmental Quality directed the Department to commence rulemaking for a temporary rule to 

"opt out" ofthe federal rule and also directed the Department to commence rulemaking for a 

permanent rule that would allow the state to "opt in" through a negotiated rulemaking process. 

None ofthe actions taken by the Department to date on this issue appear to fulfill the direction 

voted upon by the board at its June 22nd meeting. 

Response: DEQ has commenced rulemaking to opt out ofthe mercury cap-and-trade 

program. Docket No. 58-0101-0602 continues to exclude the mercury cap-and-trade program 

from incorporation into the Rules for the Control ofAir Pollution in Idaho. To ensure it meets 

its zero emissions budget, Docket No. 58-0101-0603 prohibits the construction of a coal-fired 

electric utility steam generating unit as defined in 40 CFR at 60.24. To comply with the 

November 17, 2006 CAMR Plan deadline, DEQ has a state Plan prepared to submit to EPA, if 

these dockets are adopted as pending rules by the Board. Exhibit A. Although the Department 

has not initiated rulemaking to opt in to the mercury cap-and-trade program, upon further study, ­

as noted in Response to Comment No.1, the Department may initiate further rulemaking in the 

future. 

Commenter: Stoel Rives 

Comment 7: Stoe} Rives general objects to the proposal to opt out ofthe Mercury Cap 

and Trade Rule. 

Response: See Response to Comment No.1. 

Comment 8: Governor James E. Risch by Executive Order directed the Department to 

initiate rulemaking - no action is required at this time. 

Response: Dockets No. 58-0101-0602 and 0603 are two components ofthe 

Department's CAMR Plan due November 17,2006. In its press release, the Governor's Office 

specifically stated "'I am directing the Department ofEnvironmental Quality to develop rules 

that keeps us out ofthe mercury cap-and-trade program. If we do nothing, the EPA will 

automatically opt Idaho into the trading program. I do not want to see us importing mercury 

emissions from other states into Idaho," said Risch.' The EPA deadline for notification ofa 

state's decision is November 17." See Exhibit S. 

5 

Comment 9: The Department has not commenced a negotiated rulemaking to develop a 

state rule on mercy air emissions that is protective ofhealth and the environment to allow the 

state to potentially opt into the CAMR program in the future. 

Response: See Response to Comment Nos. I and 6. 

Comment 10: Notice content is confusing. 

Response: See Response to Comment No.2. 

Comment 11: IDAPA 58.01.01.107.03.q. was not properly proposed for public 

comment and is inconsistent with public statements made by the Department regarding the 

process for consideration ofthe mercury cap-and-trade rule. 

Response: See Response to Comment Nos. 2 and 3. 

Comment 12: Stoel Rives objects to the proposed proposal to prohibit construction of 

any coal-fired power plant in Idaho. 

Response: See Response to Comment No.1. 

Commenter: PacifiCorp Energy 

- Comment 13: The proposed rule, with the phrase prohibiting construction ofEGUs with 

a potential to emit mercury emissions, is overly broad as drafted and is not necessary to achieve 

the goals ofmeeting Idaho's obligations under CAMR. If a coal-fired generating facility could . 

capture all mercury and have no mercury emissions it could not be considered because the 

facility has a potential to emit mercury. 

Response: The commenter is incorrect. Potential to emit is defined as: 

71. Potential to EmitIPotential Emissions. The maximum capacity of a 

facility to emit an air pollutant under its physical and operational design. Any 

physical or operational limitation on the capacity of the facility to emit an air 

pollutant, provided the limitation or its effect on emissions is state or federally 

enforceable, shall be treated as part of its design. Limitations may include, but are 

not limited to, air pollution control equipment, restrictions on hours of operation 

and restrictions on the type or amount of material combusted, stored or processed. 

This definition does not alter or affect the term "capacity factor" as defined in 42 

U.S.C. Sections 7651 through 76510. 

IDAPA 58.01.01.006.71. 

Consequently, in the extremely rare event that an EGU could capture and control 100% 

..- ofits mercury emissions, it could obtain a permit from DEQ with a limit ofzero emissions of 

mercury. Then the EGU would not have a potential to emit and would not need to participate in 

6 
a cap-and-trade program to obtain mercury emission allowances. Section 199 does not prohibit .-, 

construction of an EGU as defined in 40 CFR 60.24 if it has no potential to emit mercury. 

Comment 14: The rule is not in the best interest ofthe state's electric customers 

regardless ofthe coal-fired utility ifit actually emits mercury. 

Response: This is beyond the scope of this air quality rulemaking. 

Comment IS: Mercury emissions will continue to exist in Idaho. 

Response: The federal rule only addresses mercury emissions from coal-fired EGUs. 

This rule was never intended to completely eliminate all mercury emissions, nor was it intended 

to address other sources that emit mercury. 

Comment 16: A diverse energy supply is important to customers. 


Response: This is beyond the scope ofthis air quality rulemaking. 


Comment 17: Idaho should adopt the Clean Air Mercury Rule. 


Response: See Response to Comment No. I. 


Commenter: Snake River Alliance -


.Comment 18: We support and encourage the state ofIdaho to opt out ofthe mercury 

cap-and-trade program. 

Commenter: Conservation Voters for Idaho 

Comment 19: Conservation Voters for Idaho comment. We urge the Board to adopt the 

proposed rule to opt Idaho out ofthe federal mercury cap-and-trade program. 

Commenter: NW Energy Coalition 

Comment 20: Opt out of cap-and-trade program until DEQ, the Department of Health 

and Welfare, and other state agencies have been accorded reasonable time and resources to 

analyze the impacts of participating in a mercury trading program. 

Commenter: Idaho Aquaculture Association 

Comment 21: Until the Idaho Legislature updates the state energy plan, creates specific 

siting regulations and guidance, and identifies the sources and amounts of current mercury 

contamination, the potential exists that large mercury-producing industries, such as coal-fired 

power plants, will locate on the ESP A and release additional mercury into the air and aquifer. 

The IAA believes it would be irresponsible to opt into a trading program before Idaho has put 

these measures in place, and challenges new industries to meet the zero emission level, thereby 

7 
,,-. 	 eliminating the necessity for mercury trading. The Idaho Aquaculture Association requests that 

DEQ follow Governor Risch's recommendation to opt out ofthe Federal mercury cap and trade 

program. 

Commenter: Thousand Sprinls Water Users Assoc., Inc. 

Comment 22: The TSWUA believes it would be irresponsible to opt into a mercury cap 

and trade program during the 2 year moratorium period before the Legislature and citizens have 

the opportunity to update the state energy plan, put siting regulations in place, complete the 

current surveys detailing the extent to which fish in reservoirs and water bodies are 

contaminated, review and update current knowledge, and document sources ofcurrent air and 

water contamination. We believe it would be more responsible for DEQ to opt out ofthe cap 

and trade program for at least the next two years until those tasks have been completed and our 

knowledge base is sufficient to make an infonned decision. 

Commenter: Representative Sharon Block, Idaho District 24 

Comment 23: Representative Block testified at the public hearing in support ofDEQ's 

proposed rules to opt out ofthe cap and trade program and to prohibit construction ofEGUs in 

the state ofIdaho. She submitted for the record a petition with 8,500 signatures in support ofthe 

rules. 

Commenter: Bill Block, Keep Magic Valley Magic 

Comment 24: Mr. Block testified at the public hearing in support ofthe proposed rule. 

Commenter: Rich Carlson, Idaho Rural Council 

Comment 25: Mr. Carlson testified at the public hearing in support ofthe proposed rule. 

Commenter: Courtney Washburn, Idaho Conservation League 

Comment 26: Ms. Washburn testified at the public hearing in support ofthe proposed 

rule. 

Several comments were received from citizens of the state of Idaho in support of the 

proposed rule. 

8 
FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0603 

The Department of Environmental Quality recommends that the Board of Environmental Quality 

adopt the rule as initially proposed in the IdahoAdministrative Bulletin. October4, 2008. Vol. 06-10. 

pages 597 through 598. 

-

r 


Idaho Board of Environmental Quality 


Proposed Motions 


November 2006 Meeting 


Agenda Item #4 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0603 

I move that the Idaho Board of Environmental Quality adopt the Rules for the 

Control of Air Pollution in Idaho as presented in the final proposal under 

Docket No. 58-0101-0603. 

( ­

-

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 ­ RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58~1 01-0803 

( 

NOTICE OF RULEMAKING - PENDING RULE 

EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now 

pending review by the 2007 Idaho State Legislature for final approval. The pending rule will become final 

and effective immediately upon the adjournment sine die of the First Regular Session of the Fifty-ninth 

Idaho Legislature if the rule is approved by concurrent resolution in accordance with Sections 67-5224 and 

67-5291, Idaho Code. 

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the Board has 

adopted a pending rule. The action is authorized by Sections 39-105 and 39-107, Idaho Code. 

DESCRIPTIVE SUMMARY: A detailed summary of the reason for adopting the rule is set forth in the initial 

proposal published in the Idaho Administrative Bulletin, October 4, 2006, Vol. 06-10, pages 597 through 

598. After consideration of public comments, the rule has been adopted as initially proposed. The 

Rulemaking and Public Comment Summary can be obtained at 

http://www.dea.idaho.gov/ruleslair/58 0101 0603 pending.cfm 

or by contacting the undersigned. 

FISCAL IMPACT: The following is a specific aescription, if applicable, of any negative fiscal impact on the 

state general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A 

IDAHO CODE 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal 

government, nor is it broader in scope or more stringent than federal regulations. ( 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site 

at www.deq.idaho.gov. 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this 

rulemaking, contact Martin ~uer at (208) 373-0440, martin.bauer@deq.idaho.gov. 

Dated this 16th day of November, 2006. 

Paula J. Wilson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418/Fax No. (208)373-0481 

paula.wilson@deq.idaho.gov