The Environmental Quality Board will met this week and approved all items as recommended by DEP: Deer Creek Stream Redesignation Petition (York County), Little Falls Creek Stream Redesignation Petition (York County), Final Hazardous Waste Facilities Plan, Proposed changes to Hazardous Waste Regulations, a petition to require power plants to reduce mercury emissions and a DOD airfield and municipal waste transfer station petition. Copies of agenda items are available on the EQB webpage under the October 19 meeting date.

EQB Accepts Mercury Petition on Divided Vote: Members of the Board were divided over whether to accept the petition PennFuture submitted requesting Pennsylvania adopt its own regulations limiting mercury emissions at power plants.

Representatives of Sen. White (R-Venango), Sen. Musto (D-Luzerne) and Rep. Adolph (R-Delaware) argued the petition was premature in light of action the U.S. EPA is likely to take to propose mercury standards in March of 2005. Pursuing Pennsylvania’s own standard would also put electric producers at a competitive disadvantage in the new competitive electric generation markets. In addition they said considering the petition, which is a complex undertaking, would take DEP staff time away from other priority projects.

DEP Secretary Kathleen McGinty, who chairs the EQB, said several times DEP recommended accepting the petition because it met the policies the EQB established over the years for considering petitions, i.e. it was complete, it is an issue the EQB can deal with and it is in compliance with federal requirements.

At this stage of the process, accepting a petition for review means DEP has 60 days to study it and then come back to the EQB with a recommendation on whether to go ahead with rulemaking or not.

The next EQB meeting is scheduled for December 21. The November 16 meeting has been cancelled.

The Independent Regulatory Review Commission meets November 4 to consider these two Environmental Quality Board regulations: #7-378: Final Small Sources of NOx, Cement Kilns and Large Internal Combustion Engines; and #7-386: Final Triennial Review of Water Quality Standards. For copies visit the August 2004 Environmental Quality Board webpage.

Pennsylvania Bulletin – October 23, 2004

Comment Deadlines Open

Copies of Proposed Regulations

Status of Regulations, 6-Month Calendar

10/22/2004