Air Quality

Clean Air Mercury Rule (CAMR)

On February 8, 2008, CAMR was vacated by the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) (Case No. 05-1097). The United States Environmental Protection Agency (EPA) filed a petition for a rehearing, seeking review by the full Court of Appeals, but on May 20, 2008, it was ordered that the petition be denied. Therefore, on September 26, 2008, the South Carolina Department of Health and Environmental Control (DHEC) published a Notice of Drafting in the State Register that proposed to amend Regulation 61-62, Air Pollution Control Regulations and Standards by removing all provisions of the State CAMR.

On October 17, 2008, EPA filed an appeal with the United States Supreme Court (Supreme Court) requesting a reversal of the Court of Appeals vacatur of CAMR. On November 28, 2008, DHEC published an additional Notice of Drafting in the State Register proposing to remove all provisions of CAMR.

On December 1, 2008, a Memorandum of Agreement (MOA) was made and entered into by and between SCANA Services Inc., Duke Energy Carolinas LLC, Carolina Power and Light Company d/b/a Progress Energy Carolinas, Inc., and Santee Cooper (collectively the "Utilities") and DHEC. This agreement defines the tasks and procedures for the Utilities in response to the vacatur of CAMR. Because DHEC has an interest in developing better information on mercury (Hg) emissions from South Carolina facilities, the MOA voluntarily commits the Utilities and DHEC to address certain requirements of the State CAMR and to provide Hg monitoring or testing to define representative emissions from coal-fired power plants.

On February 6, 2009, EPA motioned to dismiss its case and remove the petition pending before the Supreme Court. The Supreme Court denied the remaining industry request to review the Court of Appeals mandate on February 23, 2009. On March 27, 2009, DHEC published a Notice of Proposed Regulation in the State Register proposing to remove all provisions of CAMR.

History of CAMR

For more information on mercury, please visit SCDHEC's mercury website.

EPA information on CAMR and developments of this case

The information below includes Federal Register publications, South Carolina State Register publications, and other related materials to CAMR. If you have any questions, please contact Alan Hancock by phone at (803)898-4139 or by email.