SUPPLEMENTARY INFORMATION:

Section 112(n)(1)(A) of the CAA requires the EPA to perform a study (i.e., utility toxics study) of the hazards to public health reasonably anticipated to occur as a result of HAP emissions from electric utility steam generating units, after imposition of the requirements of the CAA, and to prepare a Report to Congress containing the results of the study. The Agency is to proceed with ( printed page 10784) rulemaking activities under section 112 to control HAP emissions from electric utility steam generating units if the EPA finds such regulation is appropriate and necessary after considering the results of the study. The utility toxics study was completed and the Final Report to Congress issued on February 24, 1998. The Agency is required to make a finding as to whether it is appropriate and necessary to control HAP emissions from electric utility steam generating units no later than December 15, 2000.

In the Final Report to Congress, the EPA stated that mercury is the HAP emission of greatest potential concern from coal-fired utilities and noted several areas where additional research and monitoring were merited. Among the additional research areas noted were: (1) Collection and assessment of additional data on the mercury content of various types of coal; (2) collection and assessment of additional data on mercury emissions; (3) collection and assessment of additional information on control technologies or pollution prevention options that are available, or will be available, and the costs of those options; and (4) further review of the available data on the health impacts associated with exposure to mercury.

The EPA has ongoing investigations and analyses pertaining to these research areas. Three efforts are prominent. First, following issuance of the Final Report to Congress, the EPA initiated an information collection request to gather, under the authority of section 114 of the CAA, data on the mercury content of the coals burned in, and the exhaust gases from, coal-fired utility units during 1999. In addition, the EPA, in conjunction with the U.S. Department of Energy and other parties, is collecting information to assess the effectiveness and costs of various mercury pollution control technologies and pollution prevention options. Finally, the EPA has an agreement with the National Academy of Sciences to perform a review of the available data on the health impacts associated with exposure to mercury. In addition, the EPA is conducting or supporting investigations into mercury transport, human exposure, and other areas.

As indicated above, section 112(n)(1)(A) of the CAA requires the Administrator to regulate electric utility steam generating units under section 112 if such regulation is found to be appropriate and necessary. The Administrator believes that in addition to considering the results of the utility toxics study, she may consider any other available information in making her decision. The activities noted above will provide some of this other information. The EPA is also soliciting any additional information that the public may consider appropriate for consideration during the decision-making process.