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State Senate Blocks Rules on Mercury Emissions

June 21, 2006
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By David DeKok, The Patriot-News, Harrisburg, Pa.

Jun. 21–The state Senate voted 40-10 Tuesday to approve a bill that would bar the state Department of Environmental Protection from proceeding with controls on mercury emissions that are tougher than those drawn up by the U.S. Environmental Protection Agency.

The legislation goes to the House. Gov. Ed Rendell said he might veto the bill in its present form.

Owners of power plants would be allowed to buy and sell mercury-emission credits under the bill. It was introduced by Sen. Mary Jo White, R-Venango, and Sen. Raphael Musto, D-Luzerne.

DEP strongly opposed trading of mercury-emission credits, saying that each coal-burning power plant needs mercury-control technology to block formation of mercury “hot spots” near the plant.

“Today’s vote demonstrates the Senate’s commitment to protecting the public’s health … in a balanced manner that protects jobs, minimizes the impact on electric bills and preserves our generating capacity,” White said afterward.

All of the “no” votes were from senators representing urban or suburban areas. They included Sen. Michael Ferlo, D-Pittsburgh, who called the bill “wrong-headed” in comments on the Senate floor.

“So many members talk about amorality, but a true test of that is before us today,” Ferlo said. “A toxic polluter with deep pockets and expensive lobbyists wants you to leave his profits, while the other, our constituents, want us to protect young mothers, babies and infants. It is as simple a choice as that. A vote for this bill is a vote for toxic polluters.”

White lashed back, saying “every bit of misinformation about the bill” was contained in Ferlo’s comments.

Sen. Rob Wonderling, R-Montgomery, said it was “just not accurate” that mercury-control technology is available and cost-effective.

Such technology is in use at the Harrisburg municipal incinerator, and its operator has praised the effectiveness.

White’s bill and the EPA rules require power plants to reduce mercury emissions by 86 percent by 2018, although in certain circumstances the deadline could be extended to 2030.

John Hanger of the environmental policy group Penn Future, a critic of the weaker rules, said the Congressional Research Service determined that the EPA rules would cut mercury emissions by no more than 70 percent by 2030, in large part because of emission-credit trading.

“If coal is going to have a real future, it has to clean up its act,” Hanger said. “Those who would try to preserve the right to pollute are digging the grave of the coal industry.”

Hanger said that, by Penn Future’s count, 19 states, most recently Minnesota, have adopted mercury regulations or laws tougher than the EPA standards. Some allow emission-credit trading and some don’t, he said.

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Copyright (c) 2006, The Patriot-News, Harrisburg, Pa.

Distributed by Knight Ridder/Tribune Business News.

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