9 States Sue Over Mercury

PA. challenges changes in federal regulations

By ANGELA DELLI SANTI � The Associated Press

and WENDI HIMMELRIGHT The York Dispatch

April 5, 2005

Nine states, including Pennsylvania, filed a lawsuit against the federal government last week, challenging new regulations they say fail to protect children and expectant mothers from dangers posed by mercury emissions from power plants.

The lawsuit, filed in federal court in Washington, D.C., said the reductions announced in March by the Environmental Protection Agency do not go far enough to satisfy Clean Air Act requirements.

The reductions aim to cut mercury emissions from coal-burning power plants by nearly half within 15 years, but opponents say the plan provides an out for the worst polluters by allowing them to trade "pollution credits" with cleaner plants.

"Mercury is an especially dangerous pollutant," said Kathleen McGinty, Secretary for the Pennsylvania Department of Environmental Protection. "EPA was right previously in recognizing that mercury is hazardous, and is wrong now in changing course. The president speaks of a 'culture of life.' But his policy fails terribly to protect life from this neurotoxin. We hope that he will direct EPA to act in keeping with his stated commitment to life."

Oppose rules rollback: At the same time, environmentalists are trying to persuade legislatures to reject a proposal by President
George W. Bush to further roll back environmental protections currently in place.

Approved by the Environmental Protection Agency earlier this year, the Clean Air Interstate Rules require targeted reductions in sulfur dioxide and nitrogen oxides in two phases, ultimately reducing the emissions over 2003 levels by 70 percent and 60 percent respectively.

Bush has proposed an amendment, called the "Clear Skies Initiative," that would exempt numerous industries from its guidelines and extend the date for the industries to meet the targets.

Would extend deadline: PPL's Brunner Island in East Manchester Township, along with several other York County businesses, would then have until 2018 to reduce sulfur dioxide and nitrogen oxide emissions to levels currently called for by 2008.

They could also ignore a directive to reduce mercury emissions to the maximum extent (about 90 percent) possible by 2008.

Brunner Island is a coal-fired, steam-electric generation plant located on the west bank of the Susquehanna River. The plant has about 240 employees and is owned by PPL Brunner Island LLC, a subsidiary of PPL Generation LLC.

Since 1990, the plant has reduced sulfur dioxide emissions by about 25 percent, but it still released 68,932 tons of sulfur dioxide into the York County air in 2002, the most recent numbers available through the EPA.

PPL Corp. said earlier this year it will invest $400 million by 2008 in a system to clean pollutants from smoke that leaves its Brunner Island power plant.

Chairman William Hecht has said that will keep the organization ahead of tightening federal regulations and allow the power company to sell emissions allowances to other companies.

PPL spokeswoman Constance Walker said that makes "economic sense" to the company, and she didn't know if the company would elect to opt out of the regulations if given the chance.

http://www.yorkdispatch.com/Stories/0,1413,138~10025~2799411,00.html