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: 

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### '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 ofAir 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 ofthe 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 Ifyou or your staff have questions concerning any ofthese 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 ofAir 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 

### ofAir 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 ofApril, 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 HEARINGSCHEDULE: A public hearing concerningthis proposed rulemaking will be held as follows: November3, 2006, 3 p.m. DepartmentofEnvironmental QualityConferenceCenter 1410N. 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. Forarrangements, contact the undersigned at (208) 373-0418. DESCRIPTIVE SUMMARY: Federal law requires the state ofIdaho 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). Aspart ofthe 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 ofIdaho's zero budget, DEQproposes a rule that prohibits the construction ofany EGU with Hg emissions. After consideration ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental 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 bythe Legislature. FISCAL IMPACT: The following is a specific description, ifapplicable, ofany negative fiscal impact on the state general fund greater thanten 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: Negotiatedrulemaking 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 commentsby mail, fax or e-mail atthe address below regarding this proposedrule. DEQ will consider all written comments received bythe undersigned on orbefore 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

# - DEPARTMENTOF ENVIROMENTAL QUALITY Docket No. 58-0101-0603 Rules fo, the Control of AI, Pollution In Idaho ProposedRule 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 oroperatorshaD construct or operate an Electric GeneratingUnit (EGm.

### as defined in 40 CFR 60.24. with ilpotential to emitmercury (Hil emissions. 

### L-l



# -

Idaho Administrative BuUetin Page598 October4,2006

- VoL 06-10LIST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir 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. Melntyre October 10, 2006 Stoel Rives 101 S. Capitol Blvd. Ste. 1900 Boise, 10 83702 This letterprovides comments on docketnumbers 58-0101-0602 and58-0101-0603 andis locatedbehind tab number3 (docketnumber58-0101-0602). 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 StateLegislature 

# ­

JeffYoutz

Director 

### RECEIVED 

## SEP 1 32006 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 theproposed changes to the Dept. Of Environmental Quality rules: IDAPA 

### 58.01.01 Rules for the Control ofAir 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,

# ~~;1iY Principal 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 InformationTecbnology

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

Boise.Idaho**837%~0S4** www.legillature.idabo.gov

# Legislative Semces Office Idaho StateLegislature

JeffYoutt

Director

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

## AUG 2 82006
<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 ofAirPollution 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 byNovember 17, 2006, that ensures the 

# - statemeets its Annual Coal Fired Electric Utility Steam Generating Unit (EGU) mercury budget for the appropriate periods, and requires EGUs to complywith various monitoring, record keeping and reportingprovisions. The Department states that as part ofthe plan, itproposes the rule to opt out ot: ornot 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 ofany EGU with mercury emissions. The Department confirms that the proposed rule does not regulate an activity not regulated bythe federal government, nor is it broader in scope ormore stringent than federal regulations. Negotiated rulemaking was not conducted. Theproposed rule appears to be authorized by Sections 39-105 and 39-107, Idaho Code.

cc: Department ofEnvironmental Quality Paula J. Wilson Martin Bauer

Mike Nugent,Manager Catby HoUaad-Smith, Manager Ray Ineck,Manager Glean Harris.,Manager Researcb & Legislation Budget & PoUey Analysis LegislativeAudits InformationTecbaology

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

Boise. Idaho 83726-0054 www.legislatureJdabo.govAvis. Utili". 1411 EastMlssioII POBoxlm Spokane,W

.....ngIOII 99221)·31%1 T.ltphone 5OHJ9.05OI TaUFru 8IlI-1Z7·9111l

## ~"Jv.srA· Utilities
November 2, 2006

Paula 

### 1. Wilson Hearing Coordinator Department ofEnvironmental Quality 1410 North Hilton Boise. ID 

### 83706-1255 RE: Proposed Rulemaking Docket No. 58-0101-0603 DearPaula: Avista Corporation (Avista) appreciates the opportunity to comment on the proposed rule. Avista operates hydroelectric and gas-fired generatingplants in north Idaho and serves a large area ofnorthern Idaho with electricity and natural gas. Avista objects to the rule which effectively prohibits the possibility ofcoal-fired generation in the state ofIdaho. Avista has indicatedthe needfor additional electrical generation to meet customer loads in Idaho. In the mix ofgenerating options, a coal-fired plant is a possibility. Avista believes itwould 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. Idahopolicy should not preclude the creative exploration of advanced technologies andemission control systems that might ultimately be acceptable to Idahoans. We therefore urge the Board ofEnvironmental Review to postpone the proposed rule at this time. Thank you for consideration ofourconcerns. Sincerely, 

### /1.;



# 74 Juv)

### {~/.t.ury../} Robert Anderson Director ofEnvironmental Affairs



# -WIll_ K. UWSM 14'7W. Nord T.,.S"bjj, 

# - Sd La. Cu", Utd 1411' 891·111J.4J11

November 3, 2006

Ms. 

### Paula 

### J. Wilson Hearing Coordinator Department ofEnvironmental Quality 1410N. Hilton Boise, ID 83706-1255

Re: Docket 58-0101-0603 IDAP A 58 DepartmentofEnvironmental Quality

- 58.01.01

- Rules for the Control of AirPollution inIdaho

DearMs. 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, andhydro 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 Energybelieves the Department's proposedrule is likelyto havean impact onthe company's abilityto serveits customers in a cost-effectivemanner. As notedbytheDepartment, the CleanAirMercuryRule 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 itselfin a unique position ofhaving 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 theproposed rule will have onthe citizens ofthe state.**I>ocket58~lOl~3** 

# - November 3, 2006 Page2



### 1. The Proposed Rule Is Overly Broad In an effort to ensure that Idaho meets its responsibilities under the Clean

### Air MercuryRule, 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 ofany 

### electric generating unit 

### widl. Hg 

### emission!." The proposed rule 

### itself, however. goes one step furtber--prohibiting the construction ofall electric generating units with 

### a potential to emit mercury emisslonl. The distinction between what the Department saidwas thepurpose of

### the rule andthe 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 ofa number ofIGCC 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, merelybecause 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 ofIdaho electric custOD)eI'S given its absolute prohibition against the construction ofany type ofcoal-fired generation inIdaho, regardless ofwhetherit 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 orthepublic. 

### 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 majorityofmanmademercury**~ssions** come from Asia and Africa, as depicted in the chartbelow. 1

1 Source

_Worldwide Distnbution ofEmissions (Source: PresentationbyJ. Pacyna and J. Mtmthe at mercury workshop inBrussels, March 29-30,2004).

# -- Docket 

### 58-0101-0603 November 3, 2006 Page 3

Mercury emissions from the U.S. powersector are estimated to be one percent ofthe 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 onlyresult 

### in a 70percent reductionin one percent of the global total Regardless of the implementation ofthe 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, ifanything, to affect overall mercuryemissions within the state.



# - 3. A DlveneEnergy SupplyIs Importantto Customen The Clean 

### AirMercury Rulepromulgated bythe 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 oftechnologies are likely to be constructed in the future 

### in the United States, albeit under more stringent new source perfonnance standards for mercury. The Clean AirMercuryRule allows those plants to bebuilt 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 newlyconstructedpowerplants) ensures the emissions reductions required under the Clean Air Mercury Rule are achievedresultingina 70percentreduction

### inmercuryemissions from the electric power sectorby 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 ofintennittent resources such as wind on a particular day, or even the cost or availability of wind turbines. Precluding the development of the next generation ofcoal-fired generation in Idaho will notinsu1ate it against mercury; it

### win, however, deprive Idaho ofdevelopment opportunities, tax revenue base. andjobs.

2Source: UnitedNations EnvironmentProgratnDltl (IDffiP) Chemical, Global Mercury Assessment, Geneva, 2002.

### Docket 58-0101-0603


# - November 3, 2006 Page 4



### 4. Idallo Should 

### Adopttbe Clean AIr 

### MercuryRule 

### Adoption of the Clean Air 

### Mercury Rule does not mean that the state of Idaho has 

### to issue permits for coal-fired powerplants-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 ofthe federal cap and trade program and implementing the proposed rule 

### as a wayto 

### 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 ofthe state today 

### as well 

### as inthe 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 ofthe impacts ofcost, future technological advances, availability and reliability of 

# ­ energy supply and alternatives. For the reasons set 

### forth herein, PacifiCorp Energy respectfully encourages the Departmentto 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 ofthe 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 andjustice, the end to nuclear weapons,

,responsiblesolutions to nuclear wasLe and contamination, and sustairtable alternatives to

nuclearpower. I submit this request onbehalfofourdues-paying members and board of directors. We support and encourage the State ofIdaho to opt outofthe Mercury Cap and Trade program. The State ofIdaho 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 oflife, 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 lowdoses, 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 andblood pressure regulation and can cause memory loss, tremors, vision loss and numbness ofthe fIngers and toes. A growing body ofevidence 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 ofourpristine 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, andjeopardize ourpublic health and way oflife. I appreciate your consideration. Ifyou 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 ofthis federal program. Since Idaho faces an automatic "opt in" ifthe 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 ofthe 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 ofEnvironmental Quality From: Ken Miller, NW Energy Coalition Re: Rulemaking on federal mercury trading program Dear Mr. Bauer: Onbehalfofthe 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 ofin-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 ofIdahoans, 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 ofEnvironmental 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 ourregion. We believe the pending federal CAMR and its provisions to control mercury emissions from EGUs presents Idaho with aninvaluable opportunity act proactively onbehalfofthe 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 (IRP) development ofIdaho'sthree investor-ovmed utilities, I am unaware ofany IOU IRP that proposes construction ofa coal-fired powerplant within Idaho. Idaho Power Co., in its 2006 IRP, which was recently submitted to the Idaho Public Utilities Commission and which has yetto receive IPUC acknowledgement, pending public review, 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 ofthese plants are contemplated


# - tor development in Idaho. In addition, NWEC is unaware ofplans byAvista or

# - PacifiCorp (Rocky Mountain Power) 

### to develop EGUs in Idaho within their planning horizons. And for good reason. The people ofIdaho have spokenonthis issue, and their elected officials, from state lawmakers to the governor, have responded. Idahoans do not support construction ofcoal-fired EGUs inthis 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 ofthe 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**CAM~** Idaho's decision to opt outofa 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 SempraEnergy, 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 injurisdictions outside ofIdaho. Semprahas 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 knownto man for no recognizable benefit to Idahoans, NWECjoinsthe Idaho Conservation League and others in encouraging the state ofIdaho to opt out ofa mercury program that has no discernable benefits to Idahoans. Ithas 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 ofIdahoans 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

# - tojointhe 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 Planwill likely include directions to your department as well as otherrelevant 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 tothe decisions already made by the governor andbythe 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 ofaquaculture 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 ofcatfish, 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 and again in April 2006, IAA sent comments to DEQ opposing proposed air quality rulemaking 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 ofboth 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 ofthousands 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 ofthe ESP A may increase the mercury content in Idaho farmed trout and in other Idaho aquaculture products, as well asthat of both sport and non-sport wild fish. A recent survey offarmed trout determined that Idaho grown trout have extremely low levels ofmercury, making farmed trout one ofthe 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 ofcurrent mercury contamination, the potential exists that large mercury-producing industries, such as coal-fired powerplants, will locate onthe 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 ofbringing mercury-producing industries into Idaho could not possibly outweigh the degradation ofSouthern Idaho's most important natural resource. The agriculture industries in Southern Idaho depend upon clean, plentiful water arising from the ESPA. The exceptional 

# - quality ofthe 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 ofthe 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 waterright interests ofits members who rely on the spring water arising from the Eastern Snake Plain Aquiferto 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 ofthe ESPA, the continued impact a

- consumptive facility such as a powerplantwould have on the local water supply, the reduction in airquality and associated health risks, and the direct impact these actions would have on ourmembers' 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 optinto 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 inreservoirs and waterbodies are contaminated, review and update current knowledge, and document sources ofcurrent air and water contamination. Webelieve 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 ourknowledge base is sufficientto make an informed decision. Our state agencies are charged with the responsibility ofprotecting 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 ofthe cap and trade program. Respectively submitted by, Linda L. Lemmon, Executive Secretary

.--. Thousand Springs Water Users AssociationPage 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; wendyjaquet; 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 ifthis 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 ofSempra are pushing candidates

### Page 2of2

for County Commissioner whose past actions have proven them amenable to Sempra's proposed plant and are spending lots ofmoney 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 DEQCsproposed rule to opt out ofthe federal cap and trade program for mercury and DEQOs proposed rule to prohibit the construction and operation ofcoal-fired power plants in Idaho. We submit these comments on behalfof our 400,000 members nationwide and specifically ourIdaho 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 ofcoal-fired powerplants will prevent significant future increases inmercury 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 ofthe 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

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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!

1I 

### 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 ofthe 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 plantjust 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?OOhPage 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 ofIdaho's opting into the federal mercury cap-and-trade program. There is no excuse for permitting any quantity ofmercury into our environment. Doug Rice 208 734-4202 

### 560 Gimlet Dr. Twin Falls, ID 83301

11101/?OOI\

### Page 1 of 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 ofwhatever 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



# -

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### TO 12003730340 P.01



### RECElveo....



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### Bauer. Adainiatrator Ail" QGl.litT 

### Di't'1sion DBQ 

### state artie. 14lO B. R11toD 

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### to chaDgi. 

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### for the 

### state 

## ot Idaho. lci&bo 

### raises rainbow trout 

### that haft 

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### to 'be epread over 

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### the 

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### 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



# -

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### 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 ofthis great state I would urge you to SAVE IDAHO and opt out of the mercury cap and trade program. This is not for us. Iwould urge you not to buckle into the big boys. Mark Bolduc Hagerman.ID.



# -

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# - 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 ofThe Mercury Cap and Trade Program. Peter Maier Media Procurement Services 208 726 8787(P) 208 726 8884(F) PO Box2947 Ketchum, ID 83340 pmaiersv@cox.com

11103/2006Page 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 ofthe 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 oflife and environment that Idaho has to offer. As more and more folks move into our state this quality ofHfe is 

### in danger ofbeing 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 ofCap 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 ofall 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 optout ofthe mercury trade scheme. Regards, Brian Ross po box 6821**k~tchum,** idaho 83340 

### .. ' ,**~,** 2087882730



# -**Che~kJ)utth~neD'_AOL.** Most comprehensive set offree safety and security tools, free access to millions ofhigh-quality videos from across the web, free AOL Mail and more.

11101/2006Page 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 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 powerplants. Please listen to the citizens rather thanbusinesses like Sempra and powercompanies. Thank you for doing what is right. Karin Reichow Box 4563 Ketchum, ID 83340



# -



# -

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### 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 behalfofall the citizens ofthe great State ofIdaho to opt out of the mercwy cap andtrade program. We want no part ofthis program!! Alma Hasse 695-1556



# -

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### Page 1of 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 1of 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 ofthe Department of Environmental Quality: 

### Idaho must opt out ofthe ofthe mercury cap and trade programl We absolutely have to preserve the integrity of our air and water at all cost. Just because the rest ofthe 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 1of 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 ofour 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



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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. Ifwe 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.



# -

-

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# - 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 notwant 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 1of 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



# -

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### 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 ofthe 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 programHelloI'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 ofthe program.



# - Thanks, Eric Wingard

0(\ ?

### Page 1of 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, Iwould like my position known on Idaho's participation in the federal mercury program. I strongly feel we should opt out ofthe federal program and implement our own standards. As part ofthe 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 1 of 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 ofthe Mercury Cap trade off program. Idaho is too great to be controlled by SEMPRA and the major power companies. By staying out ofthe 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 1of 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 ofour climate the State of Idaho could be the leader in saying no to mercury emissions. PLEASE, opt out ofcap 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 ofthe 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 over Twin, but how about auto-emissions? 

# - You guys have auto-emission checks 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 1of 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 

### DearMr. 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 powerplants. Please listen to the citizens rather than 

### businesses like Sempra and power companies. Thank you.



# -

### Page I ofI

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 1of 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 ofthe DEQ to opt Idaho out ofthe 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 ofjust 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

11103/2006Page 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 Semprato DEQ. Please reply all ifthis is correct, ornot. IfSempra is involved at your level, 

### itmeans they are wanting to 

### be involved back in Jerome and are probably hoping that Proposition 2 passes and that anyone butJerry Brady gets elected Governor. Here 

### in Jerome, the mainproponents ofSempra are pushing candidates for County Commissioner whose past actions have proventhem amenable to Sempra's proposed plant and are spending lots ofmoney for signs, fliers, newspaper ads, phone callers, etcetera. Thanks for your reply all 

### in advance. Lee Halper

### Page 1of 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 environment. Brian Johnson 480 Sunridge Dr Jerome, 10 83338

111011200(}

### Page I ofI

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) 

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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 1of 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 ofall the info I 

### have read on Mercury and the damage it can do. Because ofthe health effects it has on fish, and people, I 

### do Dot believe we should opt into the mercury program. Idaho should opt out ofthe 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 1ofI



### 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 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-firedpower 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



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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 ofthe Mercury Cap and Trade Program Mr. Bauer and Member of DEQ It is critiacally important that DEQ follow the lead ofGovernor Risch and opt OUT ofthe Federal Mercury Cap & Trade Programl Thousands of us in the Magic Valley spent 1112 years ofour 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 ofour 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 ofthis 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 ofthe Ascension 541 E 100 S Jerome, 10 83338-5655 208-324-2377 X210 norbert@idahomonks.org



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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 ofthe 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 ifone 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 

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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 ofthe cap and trade program. Sincerely, Tom Poole



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1110112006Page 1of 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 ourearth'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 powerplants by keeping our state's mercury emissions cap at 

### O. Sincerely yours, Jill Corney Architect 33 yearresident ofIdaho



### (

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11103/2006Page 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 youhow important to the great state ofIdaho that we not opt in to the cap & trade program. . Idaho already has enoughmercury problems inourwaters & enviorment to allow more. Please support our people invoting no. Charles & Phyllis Ross 260 South St. East Hagerman, Idaho 83332 2088376005


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1 1**It)~**

# "'t)t)"

### Page 1of 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 ofthe 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 ofthis 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."



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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. Bauer I 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 1of 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 ofCap 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,IDPage 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 behalfofall the citizens ofthe great State ofIdaho to opt out of the mercury cap and trade program. We want no part ofthis program!! Alma Hasse



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111011?OOh

### Page 1of 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 

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### mercury Page 1of 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 ofthe 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 1 of 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. Iam 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 otherways to ease and even solve our energy problems that do not damage anyone, or anything of the present orfor 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



# - s goss http://movies.msn.com/movies/hotgossip?icid=T002MSN03A07001



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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 605West Fort Street Boise, 1083701 

### Reported by Voice 208 345 3704 

### DEBORA ANN KREIDLER Fax 208 345 3713 Toll free 800 424 2354 

### CSR No. 274 Web www.etucker.net E-mail info@etucker.net 

# TUCKER and

### ASSOCIATES. 

### Court Reporters When excellence is an "hllo.atIAn 

## COpy1 

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### 5 6 7 

### 8 9 

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### 12 13 14 15 

### 16 17 18 19 

### 20 21 22 23 24 25 2 

### 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


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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 14Air PoUadoD III Idaho 11131%006 Pap 1 1 2 3 :Docket No. 4 In re theMatta- of :S8-0101-0603 5 S8.01.01
-RULES FORTHE CONTROL OF AIR POLLUTION IN

, IDAHO

, x 8

, PUBUC HEARING 10 REPORTER'S TRANSCRIPTOFPROCEEDINGS 11 Friday, November 3, 2006 12 3:0S p.m. 13 14 15 U 17 18 11 20 21 22 23 24 Reported by DEBORA ANN KREIDLER 25 CSRNo. 274 Page 2 1 APPBAR.ANCES: 2 3 HEARING OFFICER: 4 LARllYF. WEEKS, Attorney at Law 2308 North Cole Road. Suite C 5 Boise, Idaho 83704 (208) 377-2721 6 7 FOR 11fBDEQ: 8 PAULA wn.SON, Hearinl Coordinator PHYlLIS HEITMAN, Management Assistant • STATE OF IDAHO OmCEOF THE ATIORNEY 10 GENERAL LAWRENCE G. WASDEN NATIJR.AL RESOURCES DIVISION 11 ENVIRONMENTAL QUALrrY SECTION 1410 NorthHilton, 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 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

. 19 20 21 22 23 24 125 Pap 3 1 -000­ 2 HEARING OmCERWEEKS: We'll be in 3 session. 4 Let the record show that rm Larry Weeks, 5 the Hearing Officerappointed to conduct this 6 

### procecdina. 7 It's 3:05 p.m. on the 3tdday ofNovember2006. 8 This is the time and place set to receive oral 9 commentson ProposedAir Quality Rule Docket 10 58..()101-0603. Written comments will also be 11 accepted at this hearing. 12 We're in theDEQ Conference Centerin 13 Boise Idaho. The notice ofthis hcarinS appeared 14 in the Idaho Administrative Bulletin, as required 15 by Idaho Code Section 67-5221, on October4th, 16 2006. This publicationwas timely made, and all 17 necessarynotice 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. Afterabrief 22

. statement

### madebyDEQ summarizinS the proposed 23 rule dockets

- role docket, eachpersonwillbe 24 given an opportunity to comment on the proposed 25 rule. Since these proceedings arcbeing recorded, Page 4 I askthat those who make oral presentations state theirname and provide the spelling ifnecessary. Atthis 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 tocomment MS. HEITMAN: Thank you. Mr. Hearing officer, ladies and gentlemen, my name is Phyllis Heitman. I am the ManagementAssistant for the Idaho Department of Environmental QualityAir QualityProgram. My testimony will briefly outline the proposedrule for Docket 58-0101-0603. Federal Law40 CFR 60.24(h) requires the State ofIdaho to submita plan to EPA byNovember 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. Aspart oftheplan, DEQ proposes a rule to opt out of. ornot 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.netAIr PoRudoD Ia Idabo 111311006 Page 5 1 60, Subpart HHHH. Additionally, to meet the State 2 ofIdaho's zero budaet. DEQproposes arule that 3 prohibits the construction ofany electric • generating unit with mercury emissions. 5 Afterconsideration ofpublic comments, 6 DEQ intends to present the final proposal to the 7 Board ofEnvironmental Quality in November 2006 8 for adoption ofapending rule. This rule is 9 expected to be final and effective upon the 10 adjournment ofthe 2007 legislative session if 11 adoptedby the Board and approved by the 12 Legislature. 13 Thank you. U HEARING OFFICERWEEKS: Thankyou, 15 Phyllis. 16 First, Courtney Washburn. 17 MS. WASHBURN: Would you like me to stand 18 or stay here or19 HEARING OFFICERWEEKS: You can sit as 20 long asthe Reportercan 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 othergroups. And I will 3 submitthat tobe apartofthe recordjustso 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. Ifit's no 11 alreadypart ofthe record, sure. 12 HEARING OFFICER WEEKS: Incase it's no 13 part ofthe record, MissWashburn's document will 14 be admitted as Exhibit A, multipage document**-~** 15 hundreds ofpages. 16 Leigh Flynn. 17 MS. FLYNN: Yes. fm Leigh Flynn. And 18 I'm rePresenting Conservation Voters for Idaho. 19 And Ijust have a letter that I would 20 submit. 21 Andjustwant to echo that Conservation Voters for 22 Idaho also proposes -- orsupports the proposed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 1 9 20 21 22 Page 7 Miss Flynn's document will be admitted as ExhibitB. Sharon Block, is it, orBlack is it? MS. BLOCK: Block. HEARING OFFICER WEEKS: Miss Block. MS. BLOCK: Thankyou. For the record, rm Sharon Block, State Representative District 24, Twin Falls County. And I serve as CbaUmanofthe Health and Welfare Committee inthe House ofRepresentatives. I came bere today to speak for thousands ofpeople from the Magic Valley wbo were pleased to hearthe DepartmentofEnvifonmental Quality's decision lastJune to opt out ofthe Mercury Cap and TradeProgram. And the citizens ofMagic Valley were very gratified when they beard Governor JimRisch announce hisdecision to opt outofthe Mercury Cap and TradeProgram. The day Governor Risch made his decision was aperfect setting for that announcement as all ofthe crowd gatheredbeside the beautiful Snake River Canyon with the clean airabove and clean waterbelow. Itwas very indicative ofthe fact that Idahoans value ourclean airand clean water and clean environment. And itis apartofour 

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Page 8 way oftife in southern Idaho. We value it not only for its aesthetics, but for the health and safetyofour children and families. We also value, and is very much an asset toIdaho, ourproductive crops, ourbeefand dairy operations and our aquaculture industry. These are all partofa 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 powerplant was proposed about a year ago, a coal fued powerplant that would emit mercury and 20 other harmful contaminants, according to a study ofthe DepartmentofHealth and Welfare. This coal ftred power plant was to be sited on top ofourporous fractured basalt geology where thousands oftons ofcontaminated waste would be buried, eventually permeating contaminants into the pristine waterofour Snake Plane aquifer. 23 24 rule. HEARING OFFICER WEEKS: Thank you. 23 24 A 600 megawatt coal fued power plant bums 

# - 25 Ifyou want to

-­ 300 Ions ofcoal every hour. That's 120 train 2 (Page. 5 to 8) Tucker and Associatel. Boise. Idaho. (108) 345-3704 www.etuc:ker.netAir PoUatto... Idaho ll13120t6 Page 9 1 cars ofcoal every other day. During the life of 2 aproject such as thai, a mountain ofcoal would 3 be movedfrom Wyoming to Idaho. and a mountain 0 C waste wouldbeburied above our aquifer. 5 I have 

### bmu&ht. forthe record. a 6 collectionofpetition sianatures sipedby 8,500 1 people from the 8 Magic Valley who oppose that plant, and who were 9 pleased to hearofthe opUna out ofthe Mercury 10 Cap andTrade Pro8J'IIIL That decision protects our 11 agriculture and ouraquaeulture industryand the 12 health and safety ofourcitizens. 13 Asarepresentative ofthese people and 14 many others, Irequest that the Department of 15 Environmental Quality Boardnow approve the rules 16 to opt outoftheFederal Cap and Trade Program. 11 Thankyou. 18 HEARING OFFICER.WEEKS: Thankyou, 19 Representative Block. 20 Do you want to submityour statements as 21 well as the petitions as an exhibit forthe 22 n:cordl" 23 MS. BLOCK: I will submitthe petitions 24 and the report from the DepartmentofHealth and 25 Welfare. which lists the possible contaminants**p~** 11 1 about ourOl'8anization. We continue to bevery 2 active. We have a board ofdirectors. And it's a 3 veryunique 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 retiredprofessor ofplantpathology. We 7 have two medical doctors. One is

### a

## suraeon. One 8 is aretired familypractice surgeon orfamily 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 Iam. oneofthem, 15 civil engineerand a mechanical engineer. Wehave 16 two attorneyswithin our organizatioD that keep ua 17 up to speed on the legal requirements and 18 ramifications. 19 And this committeeorthis boardisvery 20 active and continues to be active. And as a 21 result. the 22 300members·arc very supportive ofopting out. 23 Andwe lcplesentthose people. It's important to 24 both our agriculture and our aquaculture. And as 25 representativeBlockmentioned, not only from the Page 10 1 from a coal fired powerplant MercUI)' is among 2 these. 'Ibere arc a lotofothers as well. 3 HEARING OFFICER. WEEKS: Okay. Whatever 4 Representative Blockwants to submit as anexhibit 5 will be marked as a multipage ExhibitC.

. 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: Thankyou. 12 My name, for the record. is Bill Block. 13 That's B-1.-O-C-K. I am the presidentofKeep 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 ourboard ofdirectors. 1 9 We're an LLC corporation that operates under the 20 Secretai)' ofState in Idaho. We were very active 21 during thatperiod ofame. 22 We fully and completely support the 23 decision to opt out and the rules that opt Idaho 24 out ofthe Mercury Cap and Trade. 25 I'd like to tell youjust a little bit Page 12 1 standpoint ofourproductivity, but from the 2 standpoint ofus maintaining consumer confidence. 3 We'veseea recently in California what 4 happens when consmners becomeuncomfortable 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 ofthe 8 reasons wdresupportive ofopting out Thank you. 10 HEARING OFFICERWEEKS: Mr. Block, doyou 11 have any written comments you want to submit 12 today? 13 MR. BLOCK: No. HEARING OFFICERWEEKS: Could I ask, is 15 your organization an ongoing organization, or is 

### l' it around the single issue ofthe 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 boardmeets on an active basis. And 23 then ourgeneral membership meets periodically. 24 And so were fully engaged. 25 Weve attended alot ofthe meetings of 3 (Page_ 9 to 12) Tucker and Associates, Boise, Idaho, (108) 345-3704 www.etacker.netAir PoUudo. fa Idaho 1113/10M Page 13 1 tho interim energy committee that tho 1 2 legislature's been working on an encqyplan for 2 3 statewide. We'll bevery activo in thatprocess, 3 6 along with Ifully expectwe'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; Thankyou. 10 11 HEARING OFFICER WEEKS: Ken Miller. 11 12 MR. MILLER: Thankyou. 12 13 My name is Ken Miller. rmwith the 13 14 Northwest Energy Coalition. Wfire actually based 14 15 in Seattle. Iwork here in Boise. I am an Idaho 15 16 iepicsentatiVe. We work on encqyissues across 16 17 the northwest. And I work on Idaho encqyissues. 17 18 And rmhere simply toexpress our strong support 18 19 for the rule. 19 20 Ihad submitted elec:tronically somo 20 21 comments to Mr. Bower. And I also have the 21 22 written version because Ijust sent those over 22 23 justafew minutes ago before coming overhere. 23 26 And again, wejust want to express our 24 25 strong support for therule. 25 Page U 1 HEARING OFFICERWEEKS: Okay. Thank you. 1 2 Yourcomments, then, will be partoftho 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 tojusthave them

- 5 f:j HEARING OFFICERWEEKS: Okay. Mr. 6 7 MilJer, would youjustdo me one favor and sign 1 

### a that, please? 8 9 MR. MILLER: Oh. ofcourse.. 9 10 HEARING OFFICERWEEKS: Good cooperation 10 11 there. 11 12 Mr. Miller's comments will beadmitted 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 Idon't think we could add anything 21 22 to what repn:sentative Block said. Our 22 Page 15

usoutofthe cap andtrade program. So I'll leave it atthat. We are - our organization is in complete supportofthe enactmentofthis rule. HEARING OFFICERWEEKS: Thank you. MR.. CARLSON: Thank you. HEARING OFFICERWEEKS: I notice you're from Filer. Didyou drive uphere today for this? MR.. CARLSON: I did. HEARING OFFICERWEEKS: Thank you. I see

### no othermembers ofthe public here to attend this. We'U keep the rcc:ord openfor another ten minutes, see ifanybody else appears. Okay? Sowe'll be off'thercc:ord until then.

(Offthcrecord.) HEARING OFFICERWEEKS: It is now 3:36 p.m. Let therecord show no othermembers ofthe publichave appearedto testifyor submit written comments. Sign-in roster, a two-page documentwill be admitted as Exhibit E and submitted with the record. The hearing is now closed. (Exlnbit E was markedfor 

# -, 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.netAirPoD.doD iD Idaho 111l1l006 Page 17**~** 1 REP0 R T ER'S C E R T I FIeATE 2 3 4 I, Debora Ann Kreidler, a Notary Public 5 ia and for the State ofIdaho, do hereby certify: 6 That saidproceediags was taken dow.by 7 me ia shorthand atthe time and place thereia 8 named and thereafter reduced iato typewritiag 9 undermy direction, and that the foregoiag 10 transcript contains a full, true, and verbatim 11 record ofthe saidproceediags. 12 I further certify that I have no iaterest 13 ia the event ofthe action. 14 WITNESS my hand and seal November6, 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 2 3 

### 4 5 6 

### 7 

### 8 9 

### 10 11 12 13 

### 14 15 

### 16 

### 17 18 

### 19 20 21 22 23 24 

### 25 

### . 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 BOAKDOF ENVIRONMENTAL QUALITY STATBO,mAHO 

### )Dock.et 

### No.

______ IDAHO CONSERVATION LEAGUE, crrlZENS PROTECTING RESOURCES, ) 

### IDAHO RIVERS UNrrED, IDAHO RURAL ) 

### COUNCIL, COAUl'ION RlRHEALTHY )PETrrION FORINITIATION IDAHO COMMUNmES, SNAKE RIVER )OF RULE-MAKING AllJANCE,

### KEEP MAGIC VALLEY ) 

### MAGIC, CONSERVATION VOfBRS FOR ) 

### IDAHO, 

### NW ENERGY COALITION, ) 

### UNCOLN COUNTY CONCERNED crrlZENS, ) 

## BlAINECOUNTY 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 ofa 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 ofa temporary rule amending the Rules for 1M Control

## 01Air Pollution in Idaho, IDAPA 

### 58.01.01 

### (Air Rules) that would have the immediate affect of opting Idallo out of

### the 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 ofthe federal cap and trade program for mercury. PETITION fOR ADOPTION OFTEMPORARY 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 ofworking to protect the health of Idahoans, Idaho's air quality, water quality and aquatic life from the potential negative impacts oftoxic pollution. Coal-fired powerplants have the potential to emit large amounts ofair pollutants including mercury. The ICL has over9,000 members drawn from all across the state ofIdaho. Many ofour members live, work and/orrecreate 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 ofCitizens Protecting Resources (CPR) is to preserve, by working with others, the clean environment and the high quality oflife enjoyed by Magic Valley Citizens. We are a gross-roots organization ofapproximately 130

### people and have been in existence since July of2005. 

### CPR works to preserve aclean environmentin the Magic Valley. We strive to protect the health ofourcitizens from potential negative impacts oftoxic pollution. Coalfired power plants have the potential to 

### emit large amounts ofair 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 ofIRU is to protect and restore the rivers ofIdaho. During the last fifteen-years. IRU's membership has grown to over3,000

### concerned. citizens. IRU views mercury contamination as a real and growing threat to the aquatic ecosystems ofIdaho's rivers. lakes 

# -
PETITION fORADOPTION OFTEMPORARY RULE AND INITIATION OF 

### RULE-MAKING

### and streams. Mercury can threaten the health and welfare ofthe 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 offamily fumers, ranchers and rural 

### residents, which has worked since 1986to preserve the well being of

### Idaho's family farms and rural 

### communities. The sustainability ofrural 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 ofour members. IRC believes thatcheap, reUable, and renewable power sources can be

### developed to meet ourpower needs without compromising ourclean air and water with mercury pollution associated with coalfired power plants. PeterRemmen, President

' 

### Coalitionfor 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 powerchoices that are compatible with the health ofour residents,the health of

### our communities, the health ofourenvironment, and the health ofoureconomy. CHIC was established in response to concerns regarding construction ofcoal-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 ofevidence that coal-fired power plants are 

### the single largest emitters oftoxic mercury in the United States. The EPA's own research has concluded thattoxic mercury and other emissions from coal-fired power plants cause medical problems for many thousands of people throughoutthe country. including thousands ofpremature deaths. The Coalition for Healthy Idaho Communities believes 10EQ 

### can best serve the interests ofthe state's present and future residents by maintaining its present EPA allotment ofzero mercury emissions credits. Fortunately, Idaho can 

### easily accomplish this by opting out ofthe 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 OFTEMPORARY 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 andjustice, 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 ofthe Department ofEnergy's second-largest nuclearfacility in eastern Idaho. Since 1

### fTl9 

### 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 ofcommunity residents who are 

### opposed to the pollution ofcoal-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 ofmembers and other citizens ofthe Magic Valley could be affected as a result ofadded mercury introduced into the environment We recommend that Idaho opt out ofthe 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 ofEnvironmental Quality can conduct studies on the issue ofmercury 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 oflife that Idaho residents enjoy, and CVI will continue to educate voters and elected officials regarding the dangers ofthis neurotoxin. Ken Miller, Idaho Energy Advocate NW Energy Coalition PO 

### Box 8224 

### Boise, ID 83707 

### PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING 

# -

### 208-322-5193 

# - The NW Energy Coalition is a regional alliance ofmore than 95 diverse community organizations and utilities from Idaho, Montana, Washington and Oregon. The Coalition promotes energy conservation, investment in renewable sources ofenergy, 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 partofthe 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 generatingfacilities. Jerry Heimerdinger Lincoln County Concerned Citizens 1051 E. 

### 170 S. 

### Dietrich, ID 83324 208-544-2852 Lincoln County Concerned Citizens organized as a result ofbeing at "ground zero" ofthe proposed Sempracoal-fired powerplant site, inJerome County. Adjacent to Jerome County, many': Lincoln County residents were closerto the 

### proposed plantth&iJ'.the majority**ofJero~** 

### " County Citizens. The proposedcoal;.fired plant admitted they would be emitting iOO-l60 

### pounds ofmercury annually outoftheir smokestack. This alarmed Uncoln County residents. We are extremely concerned about our air and waterquality. We live in afragile, semi-arid area. We are constandy facing both surface water and groundwaterquantity issues. We do not wish to subject this precious, limited resource to possible new sources ofmercury 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 behalfofour more than 300

### members, we are concerned about the significant mercury emissions from potential coal-fired power plants in Idaho. As an acutely toxic airpollutant, 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 ofBlaine County citiiens and visitors from the deleterious effects ofmercury. Mark Daily, President Idaho Aquaculture Association, Inc. PO 

### Box 767 Hagerman,ID 83332 PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

### 208-837-4808 

# - The Idaho Aquaculture Association represents the interests ofaquaculture 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 are 

### grown in Idaho within a l()()..mile area 

### adjacent to the Snake River, along with smaller quantities ofcatfish, 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. Ourreason for opposing the rulemaking at that time centered on the potential contamination ofboth farmed and wild fish by mercury entering the ESPA. The lAA

### continues to believe that this oneaction will have ramifications for the health and livelihood ofthousands ofresidents in Idaho, including those who are supported by the aquaculture industry. The two main modes of

### transmission 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. 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 ofmercury in the waters ofthe ESPA may increase the mercury content in Idaho fanned trout and other Idaho aquaculture products, as well as that ofboth 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 ofcurrent 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 ofthe 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 ofall Petitioners Many ofour groups and their members and the general public utilize waters ofthe 

### 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 Coeurd'Alene.
PEfITION FOR ADOPrION OFTEMPORARY 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 ofelevated mercury and the consumption offish caught in these waterbodies impacts the health ofour members and the general public. Further. ourmembers 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 ofmercury diminishes ourenjoyment of

### utilizing these and other water bodies. Petitioners and our members have an interestin protecting these waters from pollution that may result from mercury. Petitioners 

### are concerned thatparticipation in the CAMR cap and trade program will result in even greater emissions ofmercury 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 ofIdaho optoutof the federal mercury cap and trade program.

.. ;, '. 

### 3. REQUESTED AMENDMENTS Petitioners requestthe 

### Board approve and request adoption ofa temporary rule amending



# - IDAPA § 

### 58.01.01 by amending Section 107 ofsuch 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 ofPerformance 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 ofIdaho shall not participate in the pollution trading programprovided at 40 C.F.R. Part 60 HHHH; provided however that the State ofIdaho 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 OFTEMPORARY 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 ofmercury and nickel from power plants. The public comment period for the items for reconsideration, 40CFR 

### 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 suittheir unique circumstances with regard to allocation methods. Pursuantto a forthcoming Federal Implementation Plan (PIP), states have until November 

### 2006 to decide ifthey wish to opt out ofthe federal cap and trade program. States that have failed to optout ofthe 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 ofthe 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 staffand members to address questions and otherwise aid the Department in its review ofthis petition. Petitioners look forward to 

### the Board's discussion ofthis matter at the June 

### 21-2200 2006 Board meeting in Coeurd'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 

### ofMay, 2006 

# -

PETITION FOR ADOPTION OFTEMPORARY RULE AND [NITIATION OF RULE-MAKING

# -- .........".

PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

# /l~**BY:~** .

# ~~ Carl

## NeiiiS:~ 

# ­ Citizens Protecting Resources



# -

- PETITION FOR AOOPfION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

# BY:·~ Kevin Lewis, Conservation Director Idaho Riven 

### United



# ,­



# - PETITION FOR ADOPTION OFTEMPORARY 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 

### OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

### PEfITION FOR ADOPTION OFTEMPORARY 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: 

# '/..Q.Jl.**~** 

# - Lee Ainn, Executive Director Conservation Voters for Idaho



# -

PETITION FOR ADOPfION OFTEMPORARY RULE AND INIT[ATION OF RULE-MAKING

## - By:

__ ____**~~~~** 

## __ Ken Miller, Idaho Energy Advocate NW

### Energy Coalition



# -



# -
PETITION FOR AOOPfION OFTEMPORARY RULE AND (NITIATION OF RULE-MAKING

### By. 

# ­

# ~;j,~ Jerry l(eiIllefJlier 

### Lincoln County Concerned Citizens

PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

### By:

# W lJO 

# 'frWl



# - Leslie Bradshaw, President Blaine County Qtizensfor Oean Energy

PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKINO

# -

PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

### , ' 

# - ATfACHMENTS 

### Fishingfor Trouble. How Toxic Mercury Contaminates Fish in US Waterways. US PIRO Education Funds, October 2004. www.uspirg.org Idaho DepartmentofHealth and 

### Welfare. Fish Advisories. 2006. www.healthandwelfare.idaho.gov 

### Local Impacts of Mercuryfrom Coal-firedPowerPlants. Clean AirTask Force, March 2003. www.catf.uslpublicationsl

. 

### Mercury-A Local 

### Concern IAn 

### Intemationallssue. Paulette Middleton. December2003. www.environmentaldefense.org 

### Mercury andthe 

### Developing Brain. Clearthe Air. March 2005. www.cleartheair.org 

### Mercury Emissiorufrom Coal-FiredpowerPlants. Northeast States for Coordinated Air Use



# - Management, October 2003.

. www.nesaum.org 

### Mercury Falling: An

### Analysis of Mercuryfollutionfrom Coal-burning PowerPlants. 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 ofAir and Radiation. USEPA, September 2005. 

### www.epa.gov 

### Where ;sMercury Deposition Coming From? Carola Hanisch. Environmental Science and Technology, April 1998. 

### http://pubs.acs.org/hotartcllestl98/apr/mer.html



# -
PETITION FOR ADOPTION OFTEMPORARY RULE AND INITIATION OF RULE-MAKING

# -

CERII6CATEOF SERYICE

I HEREBY CERTIFY thaton this 8* day ofMay 2006 Icaused to 

### be served a true copy of the foregoing via HAND DruVERY to the following: Hearing Coordinator DepartmentofEnvironmental 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 ofConservation Voters for Idaho, I urge the Department of Environmental Quality Board to adopt the proposed rule to opt Idaho out ofthe 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 ofthis federal program. Since Idaho faces an automatic "opt in" ifthe 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 ofthe mercury cap and trade program. As one ofthe 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 HOMEAOOAE88 1093 lAKEWOOO DRIVE TWIN FAI..L.S, IDAHO 83301 (208) 734-ll36O



### Dear Constituents, 

# House ofRepresentatives State ofIdaho

November 21, 200S

As 

### Chairman ofthe Health and Welfare Committee in the 

### Idaho House of Representatives, I 

### am concerned aboutthe 

### health and well being of

### the people ofthe 

### State ofIdaho. In

### that 

### regard, Ihave been watching with 

### concerned interestthe 

### proposals to build a numberofcoal-fired powerplants in Idaho. These merchantpowerplants are unregulatedby the Idaho Public Utilities Commission.

. It is well known that coal-fIredpowerplants release contaminants ofpossible concern to human health. It

### is 

### my beliefthat citizens ofIdaho 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 of the Department ofHealth and Welfare'sEnvironmental Health Section. Their research was performed onthe contaminants one might expect

### ftom a coal-firedpower plant and the range ofaffects

### those contaminants may have onhuman health. As

### your state representative, I am interested and concerned about this iss\1C.**rle~** 

### 40n't hesitate to 

### contactme ifyou have concerns orviews on this matter. Sincerely,

# ~~ Sharon Block State Representative District#24 CHAIRMAN HfA1.TH & WELFARe BUSINESS-. EDUCATIOII.

### Draft 11/1512005 

### Contaminants ofPossible Concern from Coal-FiredPowerPlants Some ofthe major emissions from coal-firedpowerplants arc nitrous oxides, sulfur dioxides, particulatematter, carbon monoxide, carbon dioxide, and mercwy. Other contaminants associated with coal-firedpowerplants 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 

### affectthe same organ systems in all

### people who are exposed. However. the seriousness ofthe**effec~** 

### mayvary fromperson to
. 

### person. Aperson's reaction depends on several things, includingindividual health, heredity, previous exposure to chemicals including medicines. andpersonalhabits such as smoking or drinking. 

### Below

# are contaminants associated with coal-firedpowerplants. The specific contaminants emitted from a specific coal-firedpowerplantwill

### depend on the type of coalused and 

### the chemical makeup ofthe coal along with the emission controls used. Listedbelow arethe general contaminants ofconcern and information on health effects associated with those contaminants. Allhealth effects**informatio~** 

### unless otherwise noted, is from the Agency for Toxic Substances Disease Registry, which ispartofthe Centers forDisease Cont:(ol. Ammonia 

### No health effects have been found in humans exposed to typical environmental concentrations ofammonia. Exposure to high levelS ofammoniain air maybe irritating to your skin, 

### eyes, throat, andlungs and cause coughing and bums. Lung damage and deathmay occurafter exposure to 

### veryhigh concentrations ofammonia. Somepeople· with asthmamaybemore sensitive to breathing ammonia than 

### others. Antimony Exposure to antimony athigh levels canresult in avarietyofadversehealth 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 thatbreathed veryhigh levels ofantimony died. Animals that breathedhigh levels had lung, heart, liver, and kidney damage. In

### long-temJ. studies, animals thatbreathed very low levels ofantimonyhad

### eye irritation, hairloss, lung damage, and heartproblems. Problems with fertility were also noted. In animal 

### studies, problems with fertility have been seen when rats breathed veryhigh levels ofantimony for afew months. 

# .- Ingesting large doses ofantimony can cause vomiting. It is not known what othereffects maybe causedby 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 canhave beneficial effects when used for medical reasons. It hasbeen used as a medicine to treat people infectedwith parasites.

Arsenic Inorganic arsenic has beenrecognized as ahumanpoison since ancienttimes, and large oral doses (above 60,000 ppb in food orwater) canresult in death. If

### you swallow lower levels ofinorganic arsenic (ranging from about 300 to 

### 30,000ppb in food orwater), you may experience irritation ofyour stomach and intestines, with symptoms such as stomachache,**naus~** 

### vomiting, and diarrhea. Othereffects you might experience from swallowing inorganic arsenic include decreasedproduction ofred and whiteblood cells (which maycause fatigue), abnormal heart rhythm, blood-vessel damage resulting

### in bruising, and impaired nerve function causing a "pins'andneedles" sensation in your hands and feel Perhaps the single-most characteristic effeqt oflong-term oral exposureto inorganic arsenic is apattern ofskin

### changes. These include a darkening ofthe skin and the appearance ofsmall "corns" or "warts" on thepalms, soles, and torso, and are often associatedwith changes inthe blood vessels ofthe skin. 

### A small number ofthe corns mayultimately develop into skin cancer. SWallowing arsenic has also beenreported to increase the risk ofcancerin the liver, bladder, kidneys, prostate, and lungs. The Department ofHealth and Human Services (DHHS) has determined thatinorganic arsenic is known to be a human carcinogen. If

### you breathehigh levels ofinorganic arsenic, then you are likelyto experience a sore throat and irritated lungs. You may also develop some ofthe skin 

### effects mentioned above. The exposure level thatproduces these effects is uncertain, but itis probably above 100 micrograms ofarsenic percubic meter (J.1Wm3) 

### for abriefexposure. Longer exposure at lowerconcentrations can lead to skin 

### effects, and also to circulatory and peripheral nervous disorders. There are some data 

### suggestingthatinhalation 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 mostlyinworkers exposed to arsenic at smelters, mines, and chemical factories, but also in residents livingnear smelters and arsenical chemical factories. People who live near waste sites with arsenic mayhave an increasedrisk of lung cancer as well. If

### you have direct 

### skin contact with inorganic arsenic compounds, your skin maybecome irritated, with some redness and swelling. However, it does not appearthat skin contact is likely to 

### lead to any serious internal effects.



# - Despite all ofthe adverse health effects associated with inorganic arsenic exposure, there is some evidence that the small amounts ofarsenic in the normal diet (10-50 ppb) maybe

### beneficial to yourhealth. Animals that were fed a diet withunusually low concentrations ofarsenic did not**g~** 

### weight normally, becamepregnant less frequently, andhadpoor birth outcomes:. However, no cases ofarsenic deficiency 

### inhumans have everbeen reported. Almostno information is available onthe 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 virtuallynon·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. orother effects, but this is notknown for certain. Barium 

### Thehealth effects associated with exposure to differentbarium compounds depend on howwell the specificbarium compound dissolves 

### inwater. For example,barium sulfate doeS not dissolve well inwater and causes few harmful health effects. Doctors sometimes givebarium sulfate orally orby:placingit directly 

### in the rectum of**pati~ts**

## for**p11IpQ~~** 

### .. ofmaldng'x-rays ofihestoinachorintestines. The use ofthis particularbarium

. compound in this type ofmedical test is not harmful to people. Barium compounds such as barium acetate, barium chloride, bariumhydroxide, barium nitrate, and barium sulfide

- that dissolve 

### inwatercan causeharmful health effects. Most ofwhat we know comes from studies inwhich a small numberofindividuals were exposed to fairly large amounts ofbarium for shortperiods. Eating ordrinking verylarge amounts ofbarium compounds that dissolve 

### inwatercauses changes inheartrhythm orparalysis. Somepeople who did not seekmedical treatment soon after eating ordrinking a verylargeamount of barium have died. Some people who eat ordrink: 

### somewhat smalleramounts of barium. for a shortperiod may experience vomiting, abdominal cramps, 

### diarrhea, difficulties 

### in breathing, increased ordecreased bloodpressure, numbness around the face, and muscle weakness. One study showed thatpeople who drank

### watercontaining as much as 10ppm ofbarium for 4 weeks did not have increasedbloodpressure orabnormal heartrhythms. There is no reliable information about the possible health effects in humanswho are exposed to bariumbybreathing orbydirect skin 

### contact. However, manyofthe health effects mightbe similarto those seen after eating ordrinkingbarium. There is no information about the ability ofbarium to cause birth defects or affect reproduction in humans. Bariumhas notbeen shown to cause cancerin humans. The health effects ofbariumhavebeen studied more often 

### in experimental animals than 

### in humans. Rats that ate ordrank 

### barium over shortperiods had 

### swelling and irritation of the intestines, changes in organ weights, decreased bodyweight, and increased numbers ofdeaths. Rats and mice that drank

### barium overlongperiodshad damage to the kidneys, decreases in

### bodyweight, and decreased survival. There is no reliable information about the health effects in experimental animals that are exposed to barium bybreathing orby

- direct skin contact.

### The Department ofHealth andHuman Services and the International Agency for Research on Cancerhave not classified barium as to its carcinogenicity. The EPAhas determined thatbarium is not likelytobe carcinogenic to humans following ingestion and that there is insufficient information to determine whetheritwillbe carcinogenic to humans following inhalation expoSure. Beryllium 

### Beryllium is ametal that canbeharmful when you breathe it. The effects depend onhow much and how long you are exposed to it Whenyou breathe it jn,

### beryllium can damage yourlungs. When youbreathe in large amounts ofsoluble beryllil.\Dl compounds (greater than 

### 1mgberyllium percubic meter ofair, 1mglm'), the lung damageresemblespneumoniawith

### reddening and swelling ofthelungs. 

### This condition is called acute beryllium disease. The lung damage mayheal ifberylliumexposure is stopped. Human studies have shown that occupational and community ambient air standards were effective in 

### eliminating most acute lung disease. Somepeoplecanbecome sensitive to beryllium. This isknown as hypersensitivity or allergy. If

### you become sensitive (allergic) to beryllium, you may develop an immune orinflammatoryreaction to small 

### amounts ofberyllium that do not cause effects inpeoplewho 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 berylliumdisease (CBD). This disease can occurlong after 

### exposure (10-1S years) to small amounts ofeither soluble orinsoluble fonns of beryllium

­ (greaterthan 0.0005 mg/ml). If

### you have this disease, you may feel weak, tired, 

### and have difficultybreathing. Some individuals that have CBD mayexperience**~orexia,** 

### weight loss, andblueness ofhands and feet. This disease couldalso lead to heart enlargement and heart disease in

### advanced cases. Boththe 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. Longperiods ofexposure to berylliumhave beenreported to cause cancer in

### laboratory animals. Some studies of

. workers reported an increasedrisk oflung cancer. The U.S. Department ofHealth and Human Services and the International Agency for Research onCancerhave determined thatberyllium and beryllium compounds are human carcinogens. EPAhas determined that berylliumis aprobable human carcinogen. EPAhas estimatedthat 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 waterthat contains beryllium orhaving skin contact with beryllium has any effects on reproduction or causes birth defects in

### humans or animals. Swallowingberyllium has not beenreported to cause effects in humans because very little beryllium can move from the stomach orintestines into the bloodstream. Ulcers have been seen in dogs ingesting soluble beryllium salts in 

### the diet. BeryIIiumcontact with skin that has been scraped orcutmay 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 arash oras nodules.

­ The skin granulomas are fonned in

### the same way that lung granulomas are formed in sensitive people.

### Boroa Breathingmoderate levels ofboron can result in irritation ofthe nose, throat, and eyes. Reproductive effects, such as low sperm count, were seen inmen exposed to boron over· the long-term. Animal studies have shown effects onthe lungs from breathinghigh levels of boron. Ingesting large amounts of boron over shortperiods oftime can harm the stomach, intestines, liver, kidney, and brain. Animal studies ofingestion ofboronfound effects on the testes 

### inmale animals. Birthdefects were also seen 

### inthe offspring offemale animals exposed duringpregnancy. We don'tknow what the effects are in people from skin contactwithboron. Animal studies have found skin irritation whenboron was applied directlyto

### 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 currentlyregula 

# teo so there ire relatively few peoplereceiving high levels, and the effects from long-term low-level exposure to cadmium are hard to determine with the many otherfactors that cancome into play. A number ofstudies on workers exposed to cadmium inthe air

### have not
. resulted 

### inconvincing evidence thatcadIDium can cause lung cancerinhumans. 

### In animals 

### studies, mice orhamsters thatbreathed incadmium did not get lung cancer, but rats thatbreathed 

### incadmium did develop lungcancer. There isno good information on people to suggestthatbreathing cadmium can affect your

### ability to have children. Female rats and mice, however, thatbreathedhigh levels ofcadmiumhad fewer litters, and theirbabies mayhave had 

### morebirthdefects than usual. Breathing cadmium has 

### also been shown to cause liverdamage and changes in theimmune system

### inrats and 

### mice. There is noreliable information onpeopleto indicate thatbreathing cadmium

. harms 

### peoples' liver, heart, nervous system, or immune syStem. Eatingfood ordrinking waterwith veryhigh cadmium levels severely irritates the stomach, leading to vomiting and diarrhea, and sometimes death. Eating lowerlevels of cadmium overa long period oftime can lead to abuild-up ofcadmiumin the kidneys. If itreaches ahigh enough level, the cadmiumin the kidneywill causekidney damage and will cause bones to become fragile and breakmore easily. We do not have good direct information from people who have been exposed to cadmium to know ifeating cadmium at levels, belowwhich othertoxic effects are 

### not seen, might affect your abilityto have children. Animals eating or drinking cadmium sometimes get high bloodpressure, ironpoorblood, liver disease, andnerve orbrain damage. There is no goodinformation on people to indicate the levels ofcadmium people would need to eat or drink 

### to cause these diseases, orifthey would occur at all. 

# - Studies of humans 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 ordoes not cause cancer. Skin contactwith cadmium is not knownto affect the health ofpeople or animals

### because virtuallyno cadmium can enter thebodythrough the skin undernormal circumstances (i.e., without exposure to very high concentrations for long times orex:JK>sure to skin that 

### was not damaged). As 

### a conservative approach, andbased 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 mayreasonablybeanticipated to be 

### carcinogens. The International Agency for Research on Cancer (IARC) 

### has determined that cadmium is carcinogenic to humans. TheEPA bas 

### determined that cadmium is a probablehuman carcinogenbyinhalation. CarboDMonoxide 

### Exposure to low levels ofcarbon monoxide canproduce the following symptoms: throbbingheadache, dizziness,**f~tigue,** 

### and shortness ofbreatb. Exposure to high levels can result in

### the following: severeheadache, weakness, dizziness and nausea, irregular heartbeat and unconsciousness. Occasionally, these symptoms maybe confused with symptoms ofthe 

### fiu. Exposure to veryhigh levels ofcarbon monoxide can cause seizures, coma, respiratory failure, and death. Exposure to high carbon monoxide levels during pregnancy is associated withbirth defects and fetal death. In iidditionto the toxic effects ofcarbon monoxide, the gas is very flammable and high concentrations maybe explosive Chromium 

### airomium(Dl)is an essentialnutrient that helps the body use sugar, protein, and fat. An

. 

### intake of50-200 JIg ofchromium(TII) perday 

### isrecommended for adults. On the average, adults in the United States take in an estimated 60-80 JIg ofchromiumper day infood. Therefore, manypeople's diets maynot provide enough cbromium(lII). Without chromium(ID) in 

### the diet, the bodyloses its ability to use sugars, proteins, and fat properly, whichmayresult inweight loss ordecreased growth, improperfunction ofthe nervous system, and a diabetic-like condition. Therefore, cbromium(lII) compounds have been used as dietary supplements and are beneficial if

### taken 

### 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 (greaterthan 2 Jlglm3) 

### ofcbromium(VI), such as in

### a compound known as chromic acid orchromium(VI) trioxide, can cause irritation to the nose, such as ronnynose, sneezing, itching, nosebleeds, ulcers, and holes inthe nasal septum. These effects haveprimarilyoccurred in

### factory workers who make oruse 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 100to 1,000 times higher than those found 

### in the natural environment. Lung cancermayoccur long after exposure to chromium has ended. Cbromium(VI) is believed to beprimarily responsible for the increased lung cancerrates 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 aproblem in mostpeople. 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 ormouth in 

### mostpeople. In

### the same way, small amounts ofchromium(Vl) that you swallow will not hurt yOU; however, accidental orintentional swallowing oflarger amounts has caused stomach upsets and ulcers, convulsions, kidney and liver damage, and even death. The levels ofchromium(Vl) that causedthese effects were far greaterthan 

### those that you mightbe exposedto in

### food orwater. Although chromium(lll) in small amounts is 

### a nutrient needed bythebody, swallowing large amounts ofchromium(Ill) 

### may cause healthproblems. Workers handling liquids or solids thathave chromium(Vl) in

### them have developed skin ulcers. Some peoplehavebeen. found to

### be extremely sensitive to chromium(Vl) orchromium(lll). AlJergic 

### reactions consisting ofsevereredness 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-sensitivepeople. The metal, chromium(O), is less common and does

### not occurnaturally. We do 

### notknow much about 

### how it affects yourhealth. butchromium(O) is not cunentlybelieved to cause a serious healthrisk. There is no reliable infonnation that 

### any form ofchromiumhas harmful 

### effects on reproduction orcauses birth**def~cts** 

### in

### humans, thoughitdoes not seemlikely that the an;lount ofchromiumthat mostpeople 

### are exposedto will

### result in

### reproductive or developrnentai effects. - .**'~'.** 

### ",**-,~,.'** 

### In

### animals thatbreathed high levels ofchromium, harmful effects onthe respiratory



# - system and alower ability to fight 

### disease were noted. However, we do notknow if chromium can lower aperson's abilityto fight disease. Some ofthe female mice that were given cbromium(Vl) bymouth had fewer offspring andhadoffspring with birth defects. Some male mice that were given chromium(Vl) orchromium(1D) bymouthhad decreased numbers ofspenn in the testes. The birth defects or

### the decrease in sperm ' 

### occurredinmice atlevels about severaJ thousand times higher than 

### the normal daily intakebyhumans. Some chromium(Vl) compounds produced lung cancer in 

### animals that 

### breathed inthe particles orhadtheparticlesplaced directly in

### their lungs. In

### animals 

### that were injectedwith some chromium(VI) compounds, tumors formed at the site of injection. Because some chromium(Vl) compounds have been associated with lung cancerin 

### workers and caused cancerin 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 airis 

### a human carcinogen. The EPA has also detennined thatthere is

### insufficient infonnation to determine whetherchromium(V1) in water orfood and chromium(III) are human carcinogens. Cobalt Cobalthas bothbeneficial 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 atreatment for anemia (less than normal number ofredblood cells), including inpregnantwomen, because it causesred blood cells to beproduced. Cobalt also increases red blood cell production 

### in healthypeople, but

### only at veryhigh exposure levels. Cobalt is also essential for thehealth ofvarious animals. such as cattle and sheep. Exposure ofhumans and animals to levels ofcobalt normally found in the 

### environment is 

### notharmful. Whentoo much cobalt istaken into yourbody, however, harmfW. health effects can occur. Workers who breathed air

### for six

### hours containing 0.038 mgcobaltlm 3 

### (about 100,000times 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 cobaltlm 3 

### while workin1with hard 

### metal, a cobalt­ tungsten carbide alloy. People exposed to 0.007 mg cobaltlm atworkhave also 

### developed allergies to cobalt thatresulted in asthmaand skin

### rashes. The general public, however, is not likelyto

### 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). Somepeople 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 usuallyreported before the effects onthe heartwere noticed. Cobalt is no longer added to beer so you will notbe exposed from this
­ 

### source. The effects on the heart, however, mayhave also been due to the fact that 

### the beer-drinkers hadprotein-poor diets and may have alreadyhadheart damage from alcohol abuse. Effects on the heartwere not seen, however, inpeople with anemiatreated with up to 1mg cobaltlkg, or in

### pregnantwomen with anemiatreated with 0.6 mg cobaltlkg. Effects on the thyroid were found in

### people exposed to 0.5 mg cobaltlkg for a few weeks. Visionproblems were found in one man following treatment with 1.3 mg cobaltlkg for 6weeks, but this effecthas notbeen seen in 

### otherhuman or animal studies. Being exposedto radioactive cobalt maybe very dangerous to yourhealth. If

### you come nearradioactive cobalt, cells in your body canbecome damaged from gammarays that can penetrate your entire body, even ifyou do not touch the radioactive cobalt. Radiation from radioactive cobalt can also damage cells in yourbodyif

### you 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 relatedto the amount ofactivity in

### the radioactive material and the length oftime that 

### you are exposed. Most ofthe informationregarding 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 timeperiods isnot known. If

### you are exposed to enough radiation, you might experience areduction in white blood cell number, which could loweryourresistance to infections. Your skin might blisterorbllIll, and you may lose hair

### from the exposed areas. This happens to cancerpatients treated with large amounts ofradiation to kill cancer. Cells in yourreproductive system couldbecome 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 pregnancymight affect the health ofthe developing fetus. Birth defects, however, have notbeen found in childrenborn to mothers who were treatedwith cobalt for anemia during pregnancy. The doses ofcobalt used in the animal studies were much higherthan the amounts ofcobaltto which humans would normally

### be exposed. Nomadioactive cobalt has

### not been found to cause cancerin humans orin animals following exposure in the food orwater. Cancerhas 

### been shown, however, in animals who breathed cobalt orwhen cobaltwas placed directlyinto 

### the muscle orunderthe skin. 

### Based onthe animal 

### data, the International Agencyfor Research onCancer (IARC) has 

### determined that cobalt is possiblycarcinogenic to humans.


# JMuch ofthe knowledge ofcobalttoxicityis based on animal studies. Cobalt is 

### essential for the growth 

### and development ofcertain animals, such as 

### cows and 

### sheep. Shori-tenn exposure of rats to high levels ofcobalt in

### the air

### results in

### death and lung damage. Longer-renn exposure of rats, guinea

### pigs, hamsters, and pigs to lowerlevels'ofcobaltin; 

### 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 waterresults in

### effects on**theblo~** 

### liver, kidneys, and heart.lA>nger-tenn exposure ofrats, mice, and guineapigs to lower levels ofcobalt in the food ordrinking waterresults ineffects onthe same tissues (heart, liver, kidneys, and blood) as well as the testes, and also causes effects onbehaVior. Sores were seen onthe skin

### ofguineapigs following skin contactwith**cob~t** 

### for 18 

### days. Generally, cobalt compounds that dissolve easilyin

### water are 

### morehannful than

### thoSe that are 

### hard 

### to dissolve in

### water. Much ofwhat we know about the effects of radioactive cobalt comes from studies in 

### animals. The greatest dangerofradiation 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 

### causetemporary orpermanent sterility and changes in the 

### lungs, which affected the animals' breathing. The blood of exposed animals has 

### lowernumbers ofwhite blood cells (the cells that aid inresistance to infections) and red blood cells (which carryoxygen inthe blood). Radioactive cobalt exposures in 

### animals have also caused genetic damage to cells, cancer, and even death. Copper Copperis essential for good health. However, exposure to higherdoses can be harmful. Long-term exposure to copper dust can irritate your nose, mouth, and eyes, and cause headaches, dizziness, nausea, and diarrhea. If

### you drink

### waterthat contains higherthan normal levels ofcopper, you may experiencenausea, vomiting, stomach cramps, or diarrhea. Intentionallyhigh intakes ofcoppercan cause liver and kidney damage and

.-..... even death. We do not know ifcopper can cause cancerin humans. EPA does not classify copperas ahuman carcinogenbecause there are no adequatehuman or animal cancer studies.

### Lead 

### The effects oflead are the same whetherit enters thebody throughbreathing or. sWallowing. The main target for lead toxicity is

### the nervous system, both 

### in adults and children. Long-term exposure ofadults to lead at workhas resulted 

### indecreased performance 

### in some tests that measurc functions ofthcnervous system. Lead exposure may also cause weakness in fingers, wrists, or ankles. Lead exposure also causes small increases 

### inbloodpressurc, particularlyin middle-aged and olderpeoplc. Lead exposure may also cause anemia. At high levels ofexposurc, lead can severely damage thcbrain and kidneys 

### inadults orchildren and ultimately cause death. In

### pregnantwomen. high levels ofexposure to lead may cause miscaniage. High-Ievcl exposure in men can damage thc organs responsible for spermproduction. There is no conclusiveproofthat lead causes cancer (is carcinogenic) inhumans. Kidney tumors have developed inrats and mice that 

### hadbeen given large doses ofsomekind 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 onlimited evidencc from studies inhumans and sufficient evidence fiorp. anjmal studies, and the EPAhas determined that lead is aprobablehuman carcinogen. The International Agency forResearch on Cancer (!ARC)

### has determined that inorganic lead is probably carcinogenic to humans. IARC determined that organic lead compounds arenot classifiable as to their**c~cinogenicity** 

### in

### humans based on inadequate evidence from studies in humans andin animals.

. Children are more vulnerab,le to 

### leadpoisoning than adults. Children are exposed to

### lead all through their lives. They canbe exposed to lead in the womb 

### iftheirmothers have lead in theirbodies. Babies can swallow lead when they breast feed, oreat other foods, and drink waterthat contains lead.**Ba~ies** 

### and children can swallow andbreathe lead in dirt, 

### dust orsand while theyplay on the floor or ground. 

### These activities make it

### easier for children to be exposed to lead than 

### adults. The dirt ordust on theirhands, toys, and otheritems may have leadparticles 

### in it. 

### In some cases, children swallow nonfood items 

### such as paintchips; these may contain very large amounts oflead, particularly 

### inand around olderhouses that were painted with lead·basedpaint. Thepaint 

### inthese houses often chips offand mixeswith dust and dirt. 

### Some oldpaint contains as much as SOOA. 

### lead. Also, compared with adults, abiggerproportion ofthe amount oflead swallowed will entertheblood in children. Children are more s.ensitive to thehealth effects oflead than 

### adults. No safe blood lead level in

### children has been detennined. Lead affects children in different ways depending on howmuch lead a child swallows. A child who swallows large amounts oflead may develop anemia, kidney damage, colic (severe "stomach ache"), muscle weakness, and brain damage, which ultimately can lead to death. If

### a child swallows smaller amounts of lead, such as dust containing lead from paint, much less severebut still important effects on blood, development, and behaviormay 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 oflead exposure. At still lowerlevels

### of**exposure~** 

### 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 theirbodies, maybehom prematurely and have lowerweights at birth. Exposure in the womb, in

### infancy, orin early chilQhood also may slowmental development and cause lowerintelligencelaterin childhood. There is evidence that these effects maypersistbeyond childhood. Childrenwithhighblood lead levels do nothave 

### specifiC? symptoms. However, health

. workers can find outwhethera child mayhave been 

### exposedto harmful levels ofleadby taking a blood sample. They can 

### also :find outhow much lead isina child'sbones by taking a special type of X-ray ofthe finger, knee, orelbow. This type 

### oftest,**however~** 

### is notroutine. Manganese Manganese is naturallyubiquitous in the environment. Manganeseis essential for normal physiologic functioning in

### humans and animals, and exposure to low levels ofmanganese in the dietis considered to benutritionally essential inhumans. Chronic (long-term) exposure to high

### levels ofmanganese by

### inhalation 

### inhumans mayresult in

### central nervous system (CNS) effects. Visualreaction time, hand steadiness, and eye-hand coordinaticmwere affected in chronically-exposed workers. 

## Asyndromenamed; .:. manganism may result from chronic exposure to higher levels; manganism is characterizedby feelings ofweakness and lethargy, tremors, amask-like faCe, and psychological disturbances. Respiratory effects have also been noted 

### in workers chronically exposedbyinhalation. Impotence and loss oflibido have beennoted 

### in male workers aftlicted withmanganism. Source: http://www.epagovlttnlatwJhlthei7manganes.html 

### Mercury The nervous system is very sensitive to mercury. In

### poisoningincidents that occurred in othercountries, somepeople who ate fish contaminated with large amounts of methylmercury orseed grains

### treated withmethylmercury or otherorganic mercury compounds developedpennanent damage to thebrain and kidneys. Permanent damage to the brain has also been shown to occur from exposure to sufficientlyhigh levels of metallic mercury. Whetherexposure to inorganic mercuryresults inbrain ornerve damage is not as certain, sinceit does not easilypass :frQm the bloodinto thebrain. Metallic mercury vapors or organic mercury may affect many different areas ofthe brain and their associated functions, resulting in avarietyofsymptoms. These include personalitychanges (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, theyreadily enter the bloodstream and are carried throughout the body and can ,.-, move into thebrain. Breathing in or swallowing large amounts ofmethylmercury also results in some ofthe mercury moving into the brain and affectingthe nervous system.

### Inorganic mercury salts, such as mercuric chloride, do not enter thebrain as readily as methylmercury ormetallic mercuryvapor. 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 kidneydamage if

### large enough amounts enter the body. If 

### the damage caused bythe mercury is nottoo great, thekidneys are likely to recover'once thebody clears itselfofthe contamination. In criticalperiods ofdevelopmentbeforethey arebom, and inthe earlymonths after birth, children and fetuses areparticularly sensitive to 

### the harmful 

### effects ofmetallic mercury andmethylmercury on the nerv0ll:S system. Harmful developmental effects may occurwhen apregnant woman is exposed to metallic mercury and some ofthe mercury is transferred into her developing child, thus interfering withthe developmentprocess. Researchers are currently studying the potential for less serious developmental effects, including effects on a child's behavior and abilityto learn, think, 

### and solve problems that mayresult from eating lower levels ofmethylmercuryin foods. Amain source of exposure to methylmercury for thepregnantwoman and the young 

### child is from eating :fish.

. Nickel 

### The most common harmfulhealth effect ofnickelinhumans is an allergic reaction. Approximately 10-15% 

### ofthe populationis sensitive to Dickel. Aperson canbecome sensitive to nickel whenjewelry or otherthings containingnickel 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 aresult ofgreater exposure ofwomento nickel through jewelryand othermetal items. Peoplewho 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 theirblood (increasedred bloodcells) and kidneys (increasedprotein in the urine). This concentration ofnickel is more than 100,000

### times greaterthan the amountusually 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 inpeople who have breathed dust containing nickel compounds while working in 

### nickel refineries ornickel-processingplants. The levels ofnickel in 

### these workplaces were much higherthan 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 onCancer (lARC) 

### has determined that some nickel compounds are carcinogenic to humans and that metallic

# -- nickel may possiblybe carcinogenic to humans. The EPA has determined that nickel refinery dust and nickel subsulfide are human carcinogens. Lung inflammation and damageto the nasal cavityhave 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 easilyin water did not cause cancerin animals. Lung cancerdeveloped in rats exposed for a long timeto nickel compounds that do

### not dissolve easilyin water. Oral exposure ofhumans to high levels ofsolublenickel compounds through the environmentis extremely unlikely. However, eating or drinking levels ofnickel much greaterthan the levek normally found in food and 

### waterhavebeenreported to cause lung disease 

### in dogs and rats and 

### to affectthe stomach, blood, liver, kidneys.**~d** 

### immune system 

### inrats andmice, as well as theirreproduction and development It

### is

### likely thatthehealth effects seen 

### in children exposed to nickel will be similarto the effects seenin adults. We do notknow whetherchildren differfrom adults in 

### their susceptibilityto

### nicltel. Human studies that

### exam.iD.edwhethernickel can

### harm the developinS! fetus 

### are inconclusive.Animal studies have found increases in newbern· '", deaths and decreases innewbomweight

# afteringesting nickel. These doses ate 

### 1,000 times higherthan 

### levels typicallyfound in drinking water. It

### is likelythat nickel can be transferred from the motherto an infant inbreast milk 

### and can cross theplacenta. Nitrous 

### ondes Ground·level Ozone (Smog) is formed when nitrous oxides (NOx) and volatile organic compounds (VOCs) react inthepresence ofheat and sunlight. Children, 

### the 

### elderly, people with 

### lung diseases such as asthma, andpeople who work orexercise outside are susceptible to adverse effects such as damage to lung tissue and reductionin lung function. Ozone can be transportedbywind currents and causehealth impacts far from the original sources. Millions ofAmericans live in areas that do not meet the health standards for ozone. Otherimpacts from ozone include damaged vegetation and reduced crop yields NOx reactwith 

### ammonia, moisture, and othercompounds to form nitric acid vapor and relatedparticles. Human health concerns include effects onbreathing and the respiratory system, damage to lung tissue, and premature death. Small particlespenetrate deeply into sensitive parts ofthe lungs and can cause orworsen respiratorydisease, such as emphysema and bronchitis, and aggravate existing heart disease. Increased nitrogen loading in 

### waterbodies, 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 ofwhichmay cause biological mutations. Examples ofthese chemicals include the nitrate radical, nitroarenes, and nitrosamines. Nitrate particles and nitrogen. dioxide.can block the transmission oflight, reducing visibilityin

### urban areas and on aregional scale in the national parks. One member ofthe NOx family, nitrous oxide, is a greenhouse 

### gas. It accumulates in

### the

.
, atmosphere with othergreenhouse gases causing a gradual

### rise in the earth's temperature.

This will

### lead to increased risks to human**heal~** 

### arise inthe sealevel, and other adverse changes to plant and animal habitat 

### Source: http://www.epa.gov/oar/noxfldr.pdf ParticulateMatter 

### Particulate matteris the term used for amixture ofsolidparticles and liquid droplets found in

### the air. 

### Coarseparticles Qargerthan 

### 2.S 

### micrometers) come from a varietyof sourCes includingwindblown dust and grinding.operations. Fineparticles Qess than 2.S 

### micrometers) often come from fuel combustion, powerplants. 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 concernbecause they easilyreach the deepest recesses ofthe lungs. Batteries ofscienti.fic studies have linkedparticulate matter, especially fine particles (alone orin combinationwith other airpollutants), with a series ofsignificant health problems, includingpremature death, respiratoryrelated hospital admissions and emergency room visits, aggravated asthma, acute respiratory symptoms, including aggravated coughing and difficult orpainful breathing, chronic bronchitis, decreased lung function that can be experienced as shortness ofbreath, and work and school absences. Those at greatest riskfrom exposUre to fine particles: The Elderly- Studies estimate that tens ofthousands ofelderlypeople dieprematurely each yearfrom exposure to ambient levels offine particles. Studies also indicate that exposure to fine particles is associated with thousands ofhospital admissions each'year. Manyofthese hospital admissions are elderlypeople suffering from lung orheart 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 matterhas been attributed to increasedhospital admissions, emergencyroom visits and premature death among sensitive popUlations. Children

- The average adult breathes 13,000 liters ofairperday; children breathe 50 percent more air

### perpound ofbodyweight than adults. Because children's respiratory

# - systems are still developing. they are more susceptibleto environmental threats than 

### healthy adults. Exposure to fine particles is associatedwithincreased frequency of childhood illnesses, which are ofconcernbothin

### the shortrun, and for the future 

### developmentofhealthy lungs in

### the affected children. Fineparticles are also associated withincreasedrespiratory symptoms and reduced lung function in

### children, including symptoms such as aggravated coughing and difficulty orpain inbreathing. These can result in

### school absences and limitations in

### normal childhood activities. Asthmatics andAsthmatic Children

- More and morepeople arebeing diagnosed with asthma everyyear. Fourteen Americans die every day from asthma, a rate three 

### times greater thanjust

### 20 years ago. Children make up

### 2Spercentofthe population, but comprise 40 percentofall 

### asthma cases. Breathing fine particles, alone orin 

### combination with otherpollutants, can aggravate asthma, causing greateruse ofmedication and resulting in

### more medical treatment and hospital visits. How do ParticulateMatter and Fine Particles Affectthe Environment? The same fine particles linkedto serious health effects are also a major cause ofvisibility impairment in manyparts ofthe U.S. In

### manyparts ofthe U.S. the visual rangehas been reduced 700A. from natural conditions. In

### the east, the CUITelltrange is only 14-24 miles

. ., vs. anatural visibilityof90 miles. In

### the west, the currentrange is 33-90

### miles vs. a natural visibilityof140miles. Fineparticles canremain suspended in

### the air and

### travel long distances. For example, apuffofexhaust from a diesel truckinLosAngeles can end 

# - up over the Grand Canyon, where one-third ofthe haze comes from Southern California. Emissions from aLos Angeles oilrefinerycan form particles thatin a few days will affect

### visibilityin the Rocky Mountain National Park. Twentypercent oftheproblem 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 combustionreleases 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-firedpowerplants increase the amount of radioactive content of soils in the area of plants

.. Source: AdrovicF. et al., "Measurements ofEnvironmental Background Radiation at Location ofCoal-FiredPowerPlants." RadialProl

### 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 maybe exposed to selenium dust and seleniwn compounds. The normal intake ofselenium by eating food is enough to meet the Recommended DailyAllowance (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 seleniumis eaten and how often. Intentional or accidental swallowingofa large amount ofsodium selenate or sodium selenite (for example, avery large quantity of selenium supplementpills) couldbe life-threatening withoutimmediate medical treatment. Even ifmildly excessive amounts ofselenium 

## arC eaten over longperiods, brittle hair and deformed nails can develop. In extreme cases, people maylose feeling and control in

### arms and legs. These health effects, called selenosis, were seen in 

### several villages in 

### Chinawherepeople were exposed to foods bighin 

### selenium for months to 

### years. No humanpopulations in

### the United States have been reported with long-term seleniumpoisoning, includingpopulations inthewesternpart ofthe countrywhere seleniumleVels are naturallybigh inthe soil. Because mostpeople in

### the United States eat foods produced in many**diff~t** 

### areas, overexposure to seleniUm in food isunlikely to occur. In some regions ofChina 

### where soU levels ofselenium are verylow, not eating enough selenium has 

### resulted in health effects. Seleniumis usedbythe bodyin antioxidant enzymes thatprotect against damage to tissues done by oxygen, and in 

### an enzyme that affects 

### growth and metabolism. Not eating enough selenium can cause heartproblems andmuscle pain. Muscle pain has also been noted in people fed intravenouslyfor a long time with solutions that did not contain selenium. Babies bom earlymaybe more sensitive to nothaVing enough selenium, and this may contribute to lung effects. In the United States, selenium in food is sufficient to meetthe RDA andprevent 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 ofselenium that are higher than I"lormal

### mightreduce the risk ofcancer in humans.**However~** 

### taking selenium so that your daily amount is 

### greaterthan that**requiI~** 

### mightjustincrease yourrisk ofseleniumpoisoning. Basedon studies done until 1987, the International AgencyforResearch on Cancer (IARC) 

### detemrined that selenium and 

### selenium compounds could notbe classified as to their abilityto 

### cause cancerinhumans. However, since then, the EPA has determined that one specific form ofselenium, called selenium sulfide, is aprobable human carcinogen. Selenium sulfide is the only selenium compound shownto cause cancerin 

### animals.


### vcry 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 

### othermammals. Children living near seleniumwaste sites or coal burningplants are likely to 

### be exposed to higher environmental levels ofselenium through breathing, touching soil, and eating contaminated soil. Children living in

### areas ofChina with 

### high selenium in

### the soil had 

# -

# - higherlevels ofselenimn in

### the blood than adults from that area. Very few stUdies have looked athow selenium can affectthe health ofchildren. Children need small amounts of selenium for normal growth and development. Childrenwill

### probably show the same sort ofhealth effects:from selenimn exposure as adults, but some studies suggestthat they maybe less susceptibleto health effects ofseleniumthan 

### adults. We do notknow ifexposure to selenium couldresult in 

### birth defects in

### people. Selenium compounds have notbeen shown to causebirth defects in 

### humans orin

### othermammals. 

### There is no information to suggestthat there 

### are any differencesbetween children and adults in

### where selenium is found in thebody orin

### how fast itenters orleaves thebody. Studies in laboratory animals have shown that seleniumcrosses the placenta and enters the fetus. Studies in

### humans show that infants are supplied with selenium throughbreast milk, 

### and therefore, women who were exposedto seleniumbylivingnear awaste site

.mighttransfer seleniumto theirbabies. However, babies in

### areas ofChina

### with high

selenium in the soil did not show any signs ofhealth effects due to selenimn, eventhough some oftheirparents did. Su1fur dioxide

. Sulfurdioxicie"is 

## agas that leadsto haze and acid rain. Short-term expoSUIl$-to'

## Mgh '**.~** 

### levels ofsulfur

### dioxide can be life-threatening. Exposure to 100parts ofsulfurdioxide permillionparts ofair (ppm) is considered immediately dangerous to 

### life and health. Previouslyhealthynonsmoking miners who breathed sulfurdioxide released as aresult of an explosion in an underground coppermine developed burning ofthe nose and throat, breathing difficulties, and severe airway obstructions. Long-term exposure to

### persistent levels ofsulfur

### dioxide can also affect yourhealth. Lungfimction changes havebeen observed in some workers exposed to 0.4-3.0ppm sulfur

### dioxide for 20 years 

### ormore. However, these workers were also exposed to other chemicals,making itdifficult to 

### attribute theirhealth effects to sulfur.dioxide exposure alone. Additionally, exercising astbmatics are sensitive to therespiratory effects oflow concentrations (0.25 ppm) of sulfur

### dioxide. Forcomparativepurposes, typical outdoorconcentrations ofsulfur 

### dioxide mayrange from 0to 1ppm. Studies in animals supportthehuman data regardingrespiratory effects ofsulfurdioxide. At low levels Oess than 1ppm) ofsulfur 

### dioxide exposure, guineapigs displayed changes in

### their abilityto breathe as deeply or as much airperbreath. More severe symptoms seen in 

### animals exposed to high concentrations ofsulfur

### dioxide include decreased respiration, inflammation orinfection ofthe airways, and dest:ruetion ofareas ofthe lung. Since sulfurdioxide is primarilypresent as a gas, the general public is exposed to it mostlybybreathing contaminated air. Levels ofsulfur dioxide in the atmosphere vary from region to region and are mainly influenced by the intensityofindustry and development usually associated with cities. Therefore, children with the highest exposure to sulfurdioxide are those living near industrial sources (i.e., industries that process orburn coal or oil, copper smeltingplants, sulfuric acid manufacturers, fertilizer factories, orpaperpulp factories).

### Most ofthe effects ofsulfur dioxide exposure that occurin adults (i.e., difficulty breathing, changes in the ability to breathe as deeply ortake in as much air

### perbreath, andburning ofthe nose and throat) are also ofpotential concern in children, but it is unknown whether children are 

### more vulnerable to exposure. Children maybe exposed to more sulfurdioxide than adults because they breathe more air 

### for theirbodyweight than adults do. Children also exercise more frequently than adults. Exercise increases breathing rate. This increaseresults inboth a greater amount ofsulfurdioxide in the lungs and enhanced effects on the lungs. One study suggested that aperson'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 of breathing sulfurdioxide than healthy senior citizens. Long-term studies surveying largenUmbers ofchildren have indicated possible associationsbetween sulfur dioxide pollution and respiratory symptoms orreduced breathing ability. Children who have breathed sulfurdioxidepollution may develop more breathing problems as they get older, maymake more emergencyroom visits for treatment ofwheezing fits, and may get more respiratoryillnesses than is typical for children. However, studies like these are unable to provide conclusive evidence about sulfur dioxide's effects on children's healthbecause many otherpollutants.

### are also present**in~~** 

### .. It

### is known that exercising asthmatics are sensitive to low concentrations ofsulfur dioxide. Therefore, increased susceptibilityis expected in children with asthma, but it is notknown whether asthmatic children are more sensitive than asthmatic adults. Additionally, asthma occurs most often in

### Afiican Americans, children between the ages 

### of8 

### and 11, 

### andpeople living in cities. Forunknown reasons, the deathrates associated with asthma are also higher in non-Caucasianpeople. Therefore, it is expected that asthmatic, African American children living in urban areas have increased sensitivity to sulfurdioxide. Vanadium If

### you 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 8hours coughed for about 1week 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 orbreathedin air 

### containing vanadium throughout their lives did not have more tumors than animals that were not exposed to vanadium. Some minorbirth defects (such as slightly smaller offspring, offspring with broken blood vessels on parts oftheirbodies 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 onlyin animals. Monkeys and rats thatbreathed the dusts of 

# ­ vanadium compounds had changes in the cells in the lungs. Rats that drank 

### sodium

# ,- Nov. 3, 2006 To: Martin Bauer, Department ofEnvironmental 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 opportunityto submitthe following comments regarding DocketNo. 58-0101-0603. The NW Energy Coalition supports the actions by the Idaho Legislature with regardto the currenttwo-yearmoratorium on construction ofin-state Coal-FiredElectric 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 arare opportunityto take affirmative actions to protectthe health and safety ofIdahoans, 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 forthe Control ofAirPollution in Idaho. NWEC similarly recommends the Idaho Board ofEnvironmental Qualitypromulgate a

- rolemaking on Idaho'sparticipation in the proposed federal mercury trading program as part ofthe Clean AirMercury Rule (CAMR). For25 years, ·the NW Energy Coalitionhas advocated clean andsustainable energy policies in the Pacific Northwest. In my capacity as Idaho Energy Advocate, I work with ourCoalition members as well as with energypolicymakers in the legislative and executive branches ofstate government, and also with Idahoutilities, in support of progressive energypolicies in Idaho and ourregion. We believe the pendingfederal CAMR and its provisions to control mercury emissions from EGUs presents Idaho with an invaluable opportunity actproactively on behalfofthe welfare ofits residents and its natural environment. There currently exists norationale for Idaho to embark on the kind ofmercury trading program contemplatedby EPA and CAMR. Having followed the integrated resource plan (JRP) development ofIdaho's three investor-ownedutilities, I am unaware ofany IOU IRP thatproposes construction ofa coal-firedpowerplant 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 apulverized 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 ofthese 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 theirplanning horizons.

### And for good reason. The people ofIdaho 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 aresult we have both a moratorium on such construction as well as adirective 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 Qualityto ensure that the desires ofthe people ofIdaho and their elected officials are met is to process this rule and to 

### opt Idaho out ofamercury trading program. As currentlyenvisioned under the CA.MR., Idaho's decision to 

### opt out ofamercury trading program would mean Idaho cannot build amercury-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 anywithin 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 powerplant. The only scenario for a proposedcoal-fired powerplant (excluding IGCC powt:rplants thathave been proposedbut for which no permits have been requested) would be for a merchant plant, such as thatproposed lastyearby SempraEnergy, to be proposed. As you are aware, Semprawithdrew its applications to construct in Idaho last winter and

­ announced it

### was pursuing other, non-coal, energy opportunities injurisdictions outside ofIdaho. Semprahas provided no evidence that it plans to return 

### to Idaho with plans for another coalplant; and no otherprospective coal plant developers have approached the state with similarplans. Ratherthanplace Idaho in aposition ofbuying into atrading scheme that would permit the importation ofone ofthe mosttoxic elements known to man forno recognizable benefitto Idahoans, NWECjoins the Idaho Conservation League and others in encouraging the state ofIdaho to opt out ofamercury program thathas no discemable benefitsto Idahoans. It

### has been argued by some that Idaho should opt in to atrading program to grantutilities the greatest flexibility in meeting Idaho's future powerneeds. Unless anduntil any utility comes before Idaho's regulatory agencies (ie, the Public Utilities Commission orthe Department ofEnvironmental Quality) to signal their interest inbuilding an in-state coal plant, the overriding interests ofIdahoans is that the state retain the right to opt in to a mercury trading program after athorough 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 considerthe impacts ofsuch a decision. In

### opting out ofthe program, Idaho is not forfeiting a future 

### decisiontojointhe 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 thatprocess, 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 ofsuch development, were itto 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 lastmeeting ofthe interim energy committee, the Energy Plan will likely include directions to your department as 

### well as otherrelevant departments and agencies to more deeply study the issues presented in this mlemaking. As 

### a result, any decision otherthan 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. Byopting out ofsuch aprogram, Idaho and those such as yourBoard who are entrusted to protectingournatural environment and the health and safety ofall Idahoans can reap thebenefits oftime to properly study the impacts ofthis monumental decision. Toward that end, anduntil the DEQ, the Department ofHealth and Welfare, and other state agencies have been accorded reasonable time and resources to analyzethe impacts of participating in a mercury trading program, we urge the Boardto grant this petition for a mlemaking to plot areasonable 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 forthe Control ofAir 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 EGUs)

### ~VU(~\",~ (} 

### "b'1'-\ 

# :lc\.....ho**(t\)""'~l** 

# Ie? .....,c.**~h** 

### b'--' \",

# b.)~ '1t»')**--L~.** 

# 'l \ T- \ r-j,--.J 

### 'C 

## tOe?'­

# ~' .. 'iX,'

# ~**~ "o+~**  ft.,v- 

# I

.**~\.....?-. '~L** **~I I~o**  

# e.**c-~** 

# L1t? )/.Z

..:../'**..).,.~** ----" ,.

## l}!dek;d~**~** 

### . 

# tre...s.**-)/.o~** r/</...**-~g** .'1

. 

# 71LL 

# LlYJ.:7 ' 

# . / 

### , 

# .¥d/v#J 

# IE? /.E.::5

/ 

### ' i {**J4'~~'** 

## NVJ " 

# (y 6-') ) 

# <w**t41/1~f1.** -r7'''\ 0 

### tf'-l1'j1 

# (!.WI 10&­ 

### y""3 7() ., 

## f '"

# en.,.ftI:f)



### ) ) you oppo.. t.he pxopo.ed. z;ul.

## SIGN-IN RGeTIUI POR PU1"LIC H.aIIING ) ) Rulea forthe Control ofAir 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) :' " Ii), Jl J) 

### C'.A 

### Il. L>ttv DO YOU WISH 1Ddicate bare if 

### MAILING ORGANIZATION you. .upport tba 

### ADDRESS REPRESENTED 

# (cg)? prGpae" :n&le 

### (IF ANY) (

. (opting out of . t 

## f· C 

### 3.:..;t 21 the federal cap and trade 

### FIt.. 

## cJ2 IPAnll i}.".l{l-A-I., 

# Y'e> program for 

### , 

### 1..0 

# . C,N""c:;., "" mercury 

### If' 

### :S:3Z6 emissions from BOOs'

. 

# YGS



# .

, IJadJ.cate bare if you. oppo.e tbe FOpo." :n&le

### State ofIdaho 

## 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 underthe provisions for rule adoption contained in Section 67-5224, Idaho Code, I declare that the Rules for the Control ofAir Pollution in Idaho 

### are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO County ofAda On this 16 th 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 ofAir Pollution in Idaho, IDAPA 58.01.01 Docket No. 58-0101-0603
DATE INITIALS



# - r(tH:


# F Legal Review of Proposed Administrative Rules Form
DirectorApproval of Proposed Administrative Rules Form Approval Received from DFM/Govemor Legal Review of ProposedlTemporary Rule Docket
Director Approval of ProposedlTemporary Rule Docket

# ~ Board Adoption ofTemporary 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 ofAdministrative 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, ifapplicable, ofany 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 1I 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 EXECUTIVEDEPARTMENT STATE OFIDAHO BOISE EXECUTIVE ORDERNO. 2006-25

DIRECTING THEIDAHODEPARTMENTOFENVIRONMENTAL QUALITYTOINITIATERULEMAKING OPTINGIDAHO OUTOF THE CLEANAIRACTMERCURY CAPAND TRADERULE

WHEREAS. the United States Environmental Protection Agency (EPA) has developed a national rule regulatingmercury emissions from energyproducing coal-firedutilities; and WHEREAS. the national rule allows states to choose whether they want to opt into an interstate cap and tradeprogram; and WHEREAS. if the State does not formally opt-out of the tradingprogram. the EPA will initiate theprocess to optIdaho into the tradingprogram; and WHEREAS. the decision to opt-in oropt-out of the Clean AirActMercury Cap and Trade Rule has been of great interest throughout the State;



## - . NOW, THEREFORE. I. JAMES E. RISCH, Governor of the State of Idaho. by the authority vested in me under the Constitution and laws ofthe State of Idaho do hereby direct the Idaho Department of Environmental Quality to initiate rulemalcing. opting the State of Idaho out of the Clean AirActMercury Cap and Trade Rule.

IN WITNESS WHEREOF, Ihave hereunto set myhaudandcaused to beaffixed the GreatSeal of the State of Idaho at the Capitol in Boise on this 

### rp day of August. in theyear of our Lord two thousand and six. and ofthe independence ofthe United States of America the two hundred thirty-first andof theStatehoodof Idaho the one hundredseventeenth.

JAMESE. RISCH GOVERNOR

BENYSURSA SECRETARYOFSTATE

Idabo Administrative Bulletin Page 19 October4. 2006

- Vol. 06-10DEQ's Response to Comments 

# - Docket Nos. 58-0I 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 ofthis 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 ofits 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 outofthe CAMRrule. Because the Department incorporates all of40 CFR 60 in IDAPA 58.01.01.107.03.h, the CAMRis 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

_ CAMRplan per40 CFR60.24. The proposed Plan is attached as Exhibit A. IfIdaho fails to submit a CAMRplan 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 Comment2: The rule in DocketNo. 58-0101-0602 has been proposed without a statement in non-technical language ofthe substance ofthe proposed rule. 

### Response: The Notice to DocketNo. 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 ofthe 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 ofextension ofcomment 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 byreference 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 ofissues in the CAMR. See 70 Fed. Reg. 62199 and 62213 (October 28, 2005). Consequently, and at the conclusion ofthe comment period, the Department issued a press release dated October 27,2005, stating "[c]onsiderationofthe Board ofEnvironmental Quality ofa federal rule regulating mercury emissions from coal-firedpower plants has been postponed pending reconsideration ofthe rule by the U.S. Environmental Protection Agency (EPA)

.... 'It would bepremature for the state to act on this rule at this time,' said DEQ DirectorToni Hardesty

.... Board consideration ofother federal airquality rules for incorporation into state rules will proceed as scheduled. The Board will meet November 16 and 17 in Boise." See Exhibit D. Anotherpress release dated November 4, 2004 was issued by the Department stating "[c]onsideration ofthe federal Clean AirMercury Rule regulating mercury emissions from coal-fired powerplants has been postponed pending reconsideration oftherule 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 Boardthat 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 ITEMNo. 13: RULES FORTHE CONTROL OFAIRPOLLUTION IN IDAHO, DOCKETNo. 58-0101-0505, (PENDING RULE) (ANNUAL UPDATE OFFEDERAL REGULATIONSINCORPORATED BYREFERENCE) ChairmanMacMillan announced the federal Clean AirMercury 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 CAMRrule. 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 CAMRrule was removed from this rulemaking. When EPA makes a final decision on the CAMRrule, DEQ will handle it as a new rulemaking and conduct negotiated rulemaking. This rule does not regulate an activity not regulated by the

2federal 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 howthe rule was passed, and the otherpertains to howthe caps on mercury were developed. Hebriefly discussed the cap and trade program. Exhibit G. Notice ofthe pending rule, excluding the CAMR, which included Subpart q, was published in the Administrative Bulletin onJanuary 4,2006. Exhibit 

### H. The pending rule became final and effective upon the adjournment 

### sine die ofthe 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 CAMRexclusion. OnMay 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. OnJune 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 ofthe federal mercury cap-and-trade program. In so doing, they state "webelieve that a better understanding ofthe source, nature and extent, and potential impacts ofmercury contamination in Idaho is needed." See Exhibit 

### L. OnJune 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» OnJune 22,2006, EPA notified DirectorHardesty by letter thatthe State could opt out ofthe cap-and-trade program and later decide to optinto 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 byapproximately 8,000 people who oppose the building ofcoal-fired power plants. Dick Rush, vice-president ofIACI, and Neil Colwell ofthe Avista Corporation testified in opposition to the Petition. At the conclusion ofthe 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 ofhealth and the environment to allow the state to potentially opt into the CAMR Program in the future, and denying the petition in all otherrespects." Exhibit N.

3In the September 6,2006 Administrative Bulletin, DEQ notedthat 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, ornot 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 ofIdaho's zero budget, DEQ proposes a rule thatprohibits the construction ofany EGU with Hg emissions. After consideration ofpublic comments, DEQ intends to present the final


# - proposal to the Board ofEnvironmental Quality in November 2006 for adoption ofa 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. 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 CAMRplan, while Docket No. 58-0101-0602 simply exempts from Idaho law the federal CAMR. Comment 3: Avista 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 otherthan coalfired facilities owned or operated by utilities. 

### Response: The commenter is correct. Itis 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

4to 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 commentperiod transpired, or when the Board voted on the rule. 

### Response: See Response to CommentNo.2. Comment 

### 6: At its June 22, 2006 meeting, the Board ofthe Department of Environmental Quality directed the Departmentto 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. DocketNo. 58-0101-0602 continues to exclude the mercury cap-and-trade program from incorporation into the Rules for the Control ofAirPollution in Idaho. To ensure it meets its zero emissions budget, DocketNo. 58-0101-0603 prohibits the construction ofa 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 Comment7: Stoe} Rives general objects to the proposal to opt out ofthe Mercury Cap and Trade Rule. 

### Response: See Response to CommentNo.1. Comment 8: Governor James E. Risch by Executive Order directed the Departmentto 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. Ifwe 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.

5Comment 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 withpublic 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. Ifa 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 ofits design. Limitations may include, but are not limited to, air pollution control equipment, restrictions on hours ofoperation and restrictions on the type or amount ofmaterial 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

6a cap-and-trade program to obtain mercury emission allowances. Section 199 does not prohibit .-, construction ofan EGU as defined in 40 CFR 60.24 ifit 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 ofthis 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 CommentNo. 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 ofcap-and-trade program until DEQ, the Department ofHealth and Welfare, and other state agencies have been accorded reasonable time and resources to analyze the impacts ofparticipating 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 ofcurrent 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 SprinlsWaterUsers Assoc., Inc. Comment 22: The TSWUA believes it would be irresponsible to opt into a mercury cap and trade program during the 2 yearmoratorium period before the Legislature and citizens have the opportunity to update the state energy plan, put siting regulations inplace, 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 District24 

### 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 ofthe state ofIdaho in support ofthe 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 adoptthe 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 ofAir Pollution in Idaho, Docket No. 58-0101-0603

I movethat the Idaho Board of Environmental Quality adopt the Rules forthe 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 ifthe 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 greaterthan 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 atwww.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