Commonwealth Court Invalidates PA Rule Limiting Mercury Emissions From Power Plants
Photo
Acting Secretary John Hanger
Commonwealth Court this week declared Pennsylvania's state-specific regulation limiting mercury emissions from power plants as unlawful, invalid and unenforceable.
 
The regulation, adopted in February 2007, was challenged by PPL Corp. concerned about wasting wasting millions of dollars on pollution control equipment to meet a state standard that may be erased or pre-empted once the U.S. Environmental Protection Agency adopts a regulation to control mercury emissions.
Patrick Henderson, an aide to Sen. Mary Jo White (R-Venango) Chair of the Senate Environmental Resources and Energy Committee was quoted in news accounts as saying,"The court's ruling, coupled with the past unwillingness of the administration to negotiate a more reasonable mercury plan with the General Assembly, means that today Pennsylvania lacks an enforceable mercury reduction plan." (entire news article)
 
The regulation proposed by the Department of Environmental Protection was opposed by both Sen. White and Sen.Ray Musto (D-Luzerne), Minority Chair of the Senate Committee. (10/22/06 Pa Environment Digest)
Under Pennsylvania's rule, the state's three dozen coal-fired plants had until 2015 to reduce their mercury emissions by 90 percent over 1999's emission levels.
 
Acting Department of Environmental Protection Secretary JohnHanger said the department is considering its options regarding the next step in the legal process.(Read full DEP response.)

1/30/2009

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