The MATS Rule: A Citizenʼs Perspective. Jon A. Mueller Vice President for Litigation#
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1 The MATS Rule: A Citizenʼs Perspective Jon A. Mueller Vice President for Litigation#
2 Background# CBF participation in Delisting and CAMR challenge# An issue for our members. Itʼs personal Quality of life and preserving the resource Experience with mercury contamination. Hair sampled.# Health advisories, impact on commercial and recreational fishing# Ø Maryland - Limit on rockfish# Ø Pennsylvania - Every river basin has an advisory# Ø Virginia - Advisories in pristine areas Mattaponi, Pamunkey, Piankatank, Dragon Run, Blackwater, Dismal Swamp #
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4 York River Basin Bodies of water with fish consumption advisory due to Mercury:# # Lake Gordonsville# Pamunkey River# Mattaponi River# Herring Creek#
5 Pamunkey River #
6 Chesapeake Bay and Small Coastal Basin Region Bodies of water with fish consumption advisory due to Mercury:# # Lake Trashmore# Lake Whitehurst# Dragon Run Swamp# Piankatank River#
7 Dragon Run Swamp#
8 Bodies of water with fish consumption advisory due to Mercury:# # Blackwater River# Assamoosick Swamp# Nottoway River# Great Dismal Swamp, Lake Drummond# Chowan and Dismal Swamp River Basin
9 Blackwater River#
10 Lake Drummond#
11 Final Report for CHESAPEAKE BAY ANGLER INTERVIEWS IDENTIFYING POPULATIONS AT RISK FOR CONSUMING CONTAMINATED FISH IN THREE REGIONS OF CONCERN CMI-HDD Submitted: March 29, 2005 Prepared for the Chesapeake Bay Program Prepared by: Joshua C. Gibson & Julie A. McClafferty Human Dimensions Division Conservation Management Institute College of Natural Resources Virginia Polytechnic Institute and State University 1900 Kraft Drive, Suite 250 (MS 0534) Blacksburg, VA (540)
12 1 Fletcher s Boat House 2 Theodore Roosevelt Island 3 Lady Bird Johnson Park/Columbia Island Marina 4 Gravelly Point/Roaches Run 5 East Potomac Park/Haines Point 6 Monument Tidal Basin 7 Water Street Marina Area 8 Dangerfield Island/Washington Sailing Marina 9 Anacostia Park South
13 1 Denbigh Park 2 Huntington Park Boat Ramp 3 James River Bridge Fishing Pier 4 Peterson Yacht Basin/Anderson Park 5 Jones Creek Boat Ramp 6 Haven Creek Boat Ramp/Lafayette City Park 7 Elizabeth City Boat Landing and Park 8 Portsmouth City Park 9 Great Bridge Lock Park
14 Modeling the Fate and Transport of Atmospheric Mercury in the Chesapeake Bay Region Dr. Mark Cohen NOAA Air Resources Laboratory Silver Spring, Maryland Presentation at NOAA Chesapeake Bay Office May 17, 2004, Annapolis MD
15 Emissions and Direct Deposition Contributions from Different Distance Ranges Away From the Chesapeake Bay# 80 8 Emissions (metric tons/year) Emissions Deposition Flux Deposition Flux (ug/m2-year) > Distance Range from Chesapeake Bay (km)
16 Largest Local Individual Sources Contributing to 1999 Mercury Deposition Directly to the Chesapeake Bay
17 Deposition to the Chesapeake Bay and to its Watershed (~1999) (linear graph) municipal waste incin medical waste incin haz waste incin other waste incin metallurgical cement/concrete chloralkali chemical manufacturing other manufacturing mobile sources coal-fired elec gen oil combustion (non-mobile) all other fuel combustion Atmospheric Mercury Deposition (kg Hg/yr) to Bay surface to Watershed
18 Sources Modeled#
19 Bay Watershed on Grid Scale# Chesapeake Bay Watershed J I
20 Hg Deposition (g/km2-yr): All Six VA Sources J I
21 Source Area in which Annual Mercury Deposition Rate Was Exceeded (km2) Rate: 0.1 g/km2 0.5 g/km2 1.0 g/km2 Bremo Bluff 37,260 3, Chesapeake 58,400 5,430 1,380 Clinch River 40,010 4,620 1,540 Glen Lyn 25,270 2, Jewell Coke 31,590 4,620 1,860 Potomac River 27,140 1, Table 2. Mercury Deposition Exceedance Area
22 Source Total Annual Deposition (lbs) Total Mercury Hg(0) RGM Hg(p) Bremo Bluff Chesapeake Clinch River Glen Lyn Jewell Coke Potomac River All 6 VA sources Table 3. Annual Deposition of Mercury to the Chesapeake Bay Watershed
23 Sensitive Receptors; Pamunkey River Basin (PRB), Dragon Run Watershed (DRW), and Great Dismal Swamp NWR (GDS) Sensitive Watershed Receptors J I
24 Source Total Annual Deposition (g) Total Mercury Hg(0) RGM Hg(p) Bremo Bluff Chesapeake Clinch River Glen Lyn Jewell Coke Potomac River All 6 VA sources Table 6. Annual Deposition of Mercury within the Pamunkey River Basin
25 Source Total Annual Deposition (g) Total Mercury Hg(0) RGM Hg(p) Bremo Bluff Chesapeake Clinch River Glen Lyn Jewell Coke Potomac River All 6 VA sources Table 7. Annual Deposition of Mercury within the Dragon Run Watershed
26 Source Total Annual Deposition (g) Total Mercury Hg(0) RGM Hg(p) Bremo Bluff Chesapeake Clinch River Glen Lyn Jewell Coke Potomac River All 6 VA sources Table 8. Annual Deposition of Mercury within the Great Dismal Swamp NWR
27 Litigation# February 2008, the DC Circuit struck down the delisting decision and CAMR EPA used Queen of Hearts logic December Citizens filed suit alleging EPA had failed to issue MACT standards by 2002 in violation of Section 112(d) of the CAA American Nurses Assoc, et al. v. EPA Consent Decree proposed. Challenged by industry. April 2010 Consent Decree entered. EPA had until November 2011 to promulgate rule. Extension to December 16. In October 2011, industry sought to amend the judgment (CD). Denied. MATS rule issued in February Industry challenges filed White Stallion Energy Center LLC v. EPA; UARG v. EPA. Environmental and Public Health Groups have moved to intervene.
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