The U.S. Environmental Protection Agency this week finalized a Clean Air Mercury Rule the agency says will significantly reduce mercury emissions from coal-fired power plants across the country, the first mercury restriction ever adopted in the U.S..

Pennsylvania, New Jersey and other states immediately announced they will challenge the rule.

Taken together, the recently issued Clean Air Interstate Rule and the new Clean Air Mercury Rule will reduce electric utility mercury emissions by nearly 70 percent from 1999 levels when fully implemented, according to EPA.

The rule limits mercury emissions from new and existing coal-fired power plants, and creates a market-based cap-and-trade program that will permanently cap utility mercury emissions in two phases: the first phase cap is 38 tons beginning in 2010, with a final cap set at 15 tons beginning in 2018. These mandatory declining caps, coupled with significant penalties for noncompliance, will ensure that mercury reduction requirements are achieved and sustained.

EPA said the cap-and-trade system also creates incentives for continued development and testing of promising mercury control technologies that are efficient and effective, and that could later be used in other parts of the world. In addition, by making mercury emissions a tradable commodity, the system provides a strong motivation for some utilities to make early emission reductions and for continuous improvements in control technologies.

The Pennsylvania Department of Environmental Protection said the rule does not go far enough in reducing mercury from power plants and puts Pennsylvania coal at a disadvantage to coal from western states. DEP wanted mercury to be regulated as a hazardous air pollutant.

NewsClips: State Environmental Agencies Express Concern About Mercury Rule

PA to Challenge EPA Over Mercury Regulation

PA, Others Oppose New Mercury Rule

Pitt Researchers Tackle Mercury Problem

3/18/2005