As required by the Regulatory Review Act, the Senate and House will pick up their review of the Department of Environmental Protection’s final rule to reduce mercury emissions from coal-burning power plants the fourth week in January.

Because the General Assembly adjourned November 28 ending its two year session before the committee review period for the regulation expired, the Regulatory Review Act requires the review to resume no earlier than January 22 or when legislative committees are reconstituted in the new legislative session.

The regulation is required to be resubmitted to the new General Assembly for at least a 10 day review period. During that time the Senate environmental committee is given the opportunity to report out a resolution blocking the rule.

If a resolution is reported out by the committee within that time, the House and Senate are given an additional 10 legislative days or 30 calendar days (whichever is longer) within which to pass the resolution and then present it to the Governor for his action like any piece of legislation.

During this interim period, DEP is prohibited by the Act from publishing the rule as final in the PA Bulletin.

Senators Mary Jo White (R-Venango) and Ray Musto (D-Luzerne), the Majority and Minority Chairs of the Senate Environmental Resources and Energy Committee, shared the requirements of the Regulatory Review Act in a memo to all Senators this week.

The Senators noted, “The DEP regulation has met with strong opposition within the General Assembly, as well as with labor, business, coal, utility and electric generating organizations. We believe it is incumbent on the legislature to utilize the full time authorized by law to review this regulation to determine if it is in the public’s interest. Additionally, we will continue our efforts to reach a compromise with Gov. Rendell on this issue.”

Links: www.PaEnergyNews.com

Senate Hearings on Mercury Rule

Mercury Rule Work Group Proceedings

Issue Notebook: PA Mercury Emissions Update

12/1/2006