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S1293..............................................by STENNETT, KELLY, WERK
MERCURY EMISSIONS CONTROL PLAN - Amends existing law to provide that the
Board of Environmental Quality shall promulgate rules and adopt a state
mercury emissions control plan to ensure that no thermal power generating
facility not in operation on January 1, 2006, that emits more than one
pound of mercury per year into the air, shall be permitted or constructed
in the state of Idaho; and to provide that the requirements regarding
stringency of Board of Environmental Quality rules versus federal law or
regulations shall not apply to rules providing a state mercury emissions
control plan.
01/20 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1293
BY STENNETT, KELLY, WERK
1 AN ACT
2 RELATING TO THE ENVIRONMENT; AMENDING SECTION 39-118B, IDAHO CODE, TO DELETE
3 AN ARCHAIC TERM AND TO PROVIDE THAT THE BOARD OF ENVIRONMENTAL QUALITY
4 SHALL PROMULGATE RULES AND ADOPT A STATE MERCURY EMISSIONS CONTROL PLAN TO
5 ENSURE THAT NO THERMAL POWER GENERATING FACILITY NOT IN OPERATION ON JANU-
6 ARY 1, 2006, THAT EMITS MORE THAN ONE POUND OF MERCURY PER YEAR INTO THE
7 AIR SHALL BE PERMITTED OR CONSTRUCTED IN THE STATE OF IDAHO; AND AMENDING
8 SECTION 39-107D, IDAHO CODE, TO PROVIDE THAT THE REQUIREMENTS REGARDING
9 STRINGENCY OF BOARD OF ENVIRONMENTAL QUALITY RULES VERSUS FEDERAL LAW OR
10 REGULATIONS SHALL NOT APPLY TO RULES PROVIDING A STATE MERCURY EMISSIONS
11 CONTROL PLAN; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICA-
12 TION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 39-118B, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-118B. RELATIONSHIP TO FEDERAL LAW. (1) The board may promulgate rules
17 and regulations to ensure that the state of Idaho is in compliance with the
18 provisions of the federal clean air act. To the extent that the federal clean
19 air act sets forth or the United States environmental protection agency adopts
20 or has adopted a specific standard, emission limitation or control technology
21 requirement under the clean air act, a more stringent standard, emission limi-
22 tation or control technology requirement promulgated by the board shall not
23 become effective until specifically approved by statute.
24 (2) The board shall promulgate rules and adopt a state mercury emissions
25 control plan to ensure that no thermal power generating facility not in opera-
26 tion on January 1, 2006, that emits more than one (1) pound of mercury per
27 year into the air shall be permitted or constructed in the state of Idaho.
28 SECTION 2. That Section 39-107D, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-107D. RULES OF DEPARTMENT OR BOARD. (1) The legislature directs that
31 any rule formulated and recommended by the department to the board which is
32 broader in scope or more stringent than federal law or regulations, or pro-
33 poses to regulate an activity not regulated by the federal government, is sub-
34 ject to the following additional requirements: the notice of proposed rulemak-
35 ing and rulemaking record requirements under chapter 52, title 67, Idaho Code,
36 must clearly specify that the proposed rule, or portions of the proposed rule,
37 are broader in scope or more stringent than federal law or regulations, or
38 regulate an activity not regulated by the federal government, and delineate
39 which portions of the proposed rule are broader in scope or more stringent
40 than federal law or regulations, or regulate an activity not regulated by the
41 federal government.
2
1 (2) To the degree that a department action is based on science, in pro-
2 posing any rule or portions of any rule subject to this section, the depart-
3 ment shall utilize:
4 (a) The best available peer reviewed science and supporting studies con-
5 ducted in accordance with sound and objective scientific practices; and
6 (b) Data collected by accepted methods or best available methods if the
7 reliability of the method and the nature of the decision justifies use of
8 the data.
9 (3) Any proposed rule subject to this section which proposes a standard
10 necessary to protect human health and the environment shall also include in
11 the rulemaking record requirements under chapter 52, title 67, Idaho Code, the
12 following additional information:
13 (a) Identification of each population or receptor addressed by an esti-
14 mate of public health effects or environmental effects; and
15 (b) Identification of the expected risk or central estimate of risk for
16 the specific population or receptor; and
17 (c) Identification of each appropriate upper bound or lower bound esti-
18 mate of risk; and
19 (d) Identification of each significant uncertainty identified in the
20 process of the assessment of public health effects or environmental
21 effects and any studies that would assist in resolving the uncertainty;
22 and
23 (e) Identification of studies known to the department that support, are
24 directly relevant to, or fail to support any estimate of public health
25 effects or environmental effects and the methodology used to reconcile
26 inconsistencies in the data.
27 (4) The department shall also include a summary of the information
28 required by subsection (3) of this section in the notice of rulemaking
29 required by chapter 52, title 67, Idaho Code.
30 (5) Any rule promulgated or adopted by the board which is broader in
31 scope or more stringent than federal law or regulations, or which regulates an
32 activity not regulated by the federal government, submitted to the standing
33 committee of the legislature pursuant to section 67-5291, Idaho Code, shall
34 include a notice by the board identifying the portions of the adopted rule
35 that are broader in scope or more stringent than federal law or rules, or
36 which regulate an activity not regulated by the federal government.
37 (6) Nothing provided herein is intended to alter the scope or effect of
38 sections 39-105(3)(g)(v), 39-118B, 39-3601, 39-4404, 39-6205, 39-7210 and
39 39-7404, Idaho Code, or any other provision of state law which limits or pro-
40 hibits agency action or rulemaking that is broader in scope or more stringent
41 than federal law or regulations.
42 (7) The provisions of this section shall not apply to rules promulgated
43 or adopted by the board pursuant to subsection (2) of section 39-118B, Idaho
44 Code.
45 SECTION 3. An emergency existing therefor, which emergency is hereby
46 declared to exist, this act shall be in full force and effect on and after its
47 passage and approval, and retroactively to January 1, 2006.
STATEMENT OF PURPOSE
RS 15722
Mercury is a persistent, toxic pollutant that accumulates in the
food chain. All forms of mercury are poisonous to humans.
Concentrations of mercury pollution in the air can have adverse
effects on humans and animals. Mercury emissions can also reach
lakes, rivers and estuaries and eventually build up in fish
tissue and other parts of the ecosystem in the form of
methylmercury. Unlike the more highly industrialized states in
the East and Midwest, under federal standards, Idaho presently
has zero emissions of mercury from coal-fired thermal power
generating facility. The purpose of this legislation is to
ensure that Idaho stays that way.
FISCAL IMPACT
The allowance of mercury emissions from coal-fired electric
utility steam generating units in Idaho would create a fiscal
impact in the form of serious health problems for the citizens
downwind from the units, loss of tourism, and damage to key
natural-resource based industries in the state including farms,
ranches and our fish production facilities.
Contact
Name: Sen. Clint Stennett
Sen. Kate Kelly
Sen. Elliot Werk
Rep. Wendy Jaquet
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S1293