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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 U.S. 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.
For more information on mercury, please visit S.C. DHEC'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.
CAMR Documents
All documents are in pdf format.
History of the Clean Air Mercury Rule (CAMR)
March 15, 2005, the United States Environmental Protection Agency (EPA) finalized a rule known as the "Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units (Clean Air Mercury Rule)," also referred to as CAMR. CAMR was published in the Federal Register on May 18, 2005, (70 FR 28606) and applied to all fifty states in the United States (U.S.). This amendment to the Clean Air Act reduced mercury (Hg) emissions from new and existing coal-fired electric utility steam generating units by capping Hg emissions at specified, nation-wide levels. The South Carolina Department of Health and Environmental Control (DHEC) was required to develop an implementation plan, referred to as a "111(d) Plan" for Hg emissions reductions. This required a State rulemaking action and a submittal to EPA for review and approval.
EPA coordinated the concurrent release of CAMR with the Clean Air Interstate Rule (CAIR) because a "co-benefit" of implementing the mechanisms for controlling Sulfur dioxide (SO2) and Nitrogen oxides (NOX) emissions as required by CAIR is the reduction of Hg emissions. Coordinating the development of CAMR with CAIR allowed states to take advantage of the Hg emissions reductions that can be achieved by the air pollution controls designed and installed to reduce SO2 and NOX.
DHEC published an initial Notice of Drafting for the State CAIR and CAMR in the South Carolina State Register on July 22, 2005, and a second to extend the drafting period on February 24, 2006. After an extensive stakeholder negotiation process, a Notice of Proposed Regulation was published in the State Register on October 27, 2006. On January 11, 2007, a public hearing was held, wherein DHEC Board gave approval for the regulation to be presented to the General Assembly.
On March 8, 2007, DHEC submitted CAMR 111(d) plan to EPA for parallel processing. On May 14, 2007, EPA submitted comments on the parallel processing package. The State CAIR and CAMR became effective upon the publication of a Notice of Final Regulation in the State Register on June 22, 2007. The final CAMR 111(d) plan was submitted to EPA on August 14, 2007.
DHEC intended to move forward making changes to the State CAMR (as outlined in EPA’s May 14, 2007, letter) upon receipt of EPA’s final approval of this rule and associated amendment request letter.
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). 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, 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 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.