Hanger Disappointed in Ruling

Environmental Protection acting Secretary John Hanger Friday said he was disappointed in a Commonwealth Court judge’s decision that declared Pennsylvania’s state-specific Mercury Rule invalid and unenforceable.

“The Pennsylvania Mercury Rule is the most effective and timely way to reduce mercury exposure,” Hanger said. “The ruling makes Pennsylvania’s economy less competitive in the long run. Our Pennsylvania Mercury Rule enhances the quality of life here and promises to help attract new investment and new jobs by preserving the natural beauty of the commonwealth. We will continue fighting to protect Pennsylvanians from mercury exposure from all sources and we will carefully consider our legal options.”

Governor Edward G. Rendell’s administration developed the state-specific mercury rule in 2006 following a proposal for weakened regulation by the U.S. Environmental Protection Agency under former President George W. Bush. The commonwealth’s state-specific policy would require mercury emission reductions at coal-fired power plants in Pennsylvania and would achieve its goals years before the weaker federal program. Pennsylvania's Mercury Rule achieves at least 90 percent mercury reduction by 2015, and requires all facilities to meet an annual mercury emissions cap and prohibits mercury emissions trading that may create toxic “hot spots” of contamination.

To date, the department has approved a number of applications for the installation of controls to reduce mercury emissions from coal-fired power plants. The department has also approved a number of mercury monitoring plans for these facilities. The court’s decision will prevent these controls and monitoring plans from going forward and further puts the public health and the environment at risk.

Hanger said the department is considering its options regarding the next step in the legal process.

For more information, visit www.depweb.state.pa.us, keyword: Mercury Rule.

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