The US state of Pennsylvania has attacked the new "cap and trade" scheme introduced by the

The US state of Pennsylvania has attacked the new "cap and trade" scheme introduced by the federal EPA, claiming it contributes to mercury emissions rather than reducing them, and also disadvantages sales of its own bitminous coal resources.

Pennsylvania to Write Mercury Regs Stricter Than Federal Standards

August 16, 2005

Environmental News Service (ENS)

HARRISBURG, Pennsylvania - The Pennsylvania Department of Environmental Protection (DEP) is beginning a process to develop state-specific regulations to control mercury emissions in Pennsylvania.

Environmental Protection Secretary Kathleen McGinty said today that the state Environmental Quality Board approved DEP's recommendation to move forward with plans to "preserve the economic vitality of the state's coal industry while protecting public health."

The Environmental Quality Board (EQB) is a 20-member independent board that reviews all of DEP's regulations. Citizens for Pennsylvania's Future (PennFuture) filed a petition in August 2004 asking the state to consider whether regulations need to be developed to control mercury emissions here. DEP responded on May 18 and reported that a proposed rulemaking should be developed to reduce mercury emissions in Pennsylvania.

The EQB's action today sets that rulemaking process in motion. PennFuture) today praised McGinty, Governor Ed Rendell, and the majority of the Environmental Quality Board. "This is a great day for the health of Pennsylvanians," said John Hanger, president and CEO of PennFuture. "With one woman out of every six of childbearing age carrying amounts of mercury in their bodies that are great enough to cause brain damage to their developing fetus or nursing newborn, we have a public health emergency. And this emergency is causing havoc not just to the families, but to health care facilities, schools, social service agencies and the community as a whole."

"Despite heavy lobbying against the regulation by the polluters, the Rendell Administration, DEP Secretary McGinty and the EQB stood firm, fighting for stringent rules requiring the power plants to stop spewing mercury,"said Hanger. "The families of Pennsylvania will be the true beneficiaries of their political courage."

Mercury is emitted when coal is burned for power, and coal-rich Pennsylvania is at risk for mercury deposition on its lands and waters. When in water, microorganisms convert the mercury into the form methylmercury, which is absorbed by fish and concentrated as it moves up the food chain.

At least 45 states - including Pennsylvania - have issued fish consumption advisories because of elevated mercury levels in fish and shellfish and the adverse effects of mercury on human beings and animals.

In 2003, electric steam generating units in Pennsylvania accounted for 77 percent of the 5.7 tons of mercury emitted from air contamination sources in the commonwealth. Texas is the only state with greater mercury emissions than Pennsylvania, said McGinty.

Pennsylvania has filed several lawsuits challenging the U.S. Environmental Protection Agency's final mercury emissions reduction rule for new and existing coal-fired power plants that establishes a cap and trade scheme for the industry as a whole rather than requiring emissions reductions or all power plants.

The cases also challenge EPA's subcategorization of coal types, which encourages fuel switching away from Pennsylvania bituminous coal in favor of coal mined in the western United States.

"The federal mercury rule does not sufficiently protect public health and is a potentially severe blow to our economy," McGinty said. "Inaction is not an option. We need to change course to keep our residents safe and our economy strong."

The U.S. Environmental Protection Agency's Clean Air Mercury Rule became final in May 2005 and took effect nationwide on July 18. Pennsylvania must submit to EPA by November 17, 2006, a state plan that describes how it will implement and enforce the federal emissions guidelines or its own more protective standards.

The state Environmental Quality Board voted 16-3 to allow the state rulemaking process to move forward. The rulemaking will follow the normal public participation process, including working with stakeholders on all sides of the issue.

The EPA rule places more stringent emissions standards on bituminous coal mined in eastern states like Pennsylvania, Kentucky, Indiana, Illinois, Ohio, Virginia and West Virginia. The most stringent regulations are placed on waste coal. Little or no reductions are required of power generating units using sub-bituminous coal from the West.

McGinty explained that because of the disparities in the emission standards, owners of coal-fired units that generally burn bituminous coal could comply with the final mercury emissions standards simply by switching fuels.

"This encourages a shift away from Pennsylvania coal, and will result in a very real and significant economic dislocation for the state's coal industry," she said.

The Pennsylvania Coal Association (PCA) and United Mine Workers of America (UMWA) joined the state environmental agency in June 2004 to ask the federal EPA to drop plans to disadvantage Pennsylvania coal, although the organizations disagree among themselves on key aspects of the federal mercury rule, McGinty said.