Nine States File Suit Challenging EPA Mercury Rule

Attorneys general from nine U.S. states have filed a lawsuit challenging a new federal Environmental Protection Agency (EPA) rule that the states claim fails to protect the public adequately from harmful mercury emissions from coal-fired power plants. Coal-fired power plants are the largest source of uncontrolled mercury emissions, generating 48 tons of mercury emissions per year nationwide.

The suit, filed by New Jersey on behalf of the coalition, challenges an EPA rule published March 29, 2005, that removes power plants from the list of pollution sources subject to stringent pollution controls under the federal Clean Air Act. The EPA announced the rule on March 15, 2005, along with a second rule establishing a cap-and-trade system for regulating mercury emissions. According to the lawsuit, the trading scheme will allow some plants to actually increase mercury emissions, creating hot spots of local and regional mercury deposition. Members of the coalition also plan to file suit challenging the cap-and-trade rule once it is published in the Federal Register.

The lawsuit was filed March 29, 2005, in the U.S. Court of Appeals for the District of Columbia Circuit by the attorneys general of New Jersey, California, Connecticut, Maine, Massachusetts, New Hampshire, New Mexico, New York and Vermont.

(NY Attorney General's Office news release, 3/29/05)


(18) DOE Releases New GHG Reporting Guidance, Seeks Public Comment

The U.S. Department of Energy (DOE) has invited further public comment on its revised guidelines for voluntary reporting of greenhouse gas emissions, sequestration and emission reductions. The program was established by section 1605(b) of the Energy Policy Act of 1992, and, according to DOE, will help the Department enhance its voluntary reporting program to reduce overall greenhouse gas emissions while improving the accuracy, verifiability and completeness of emissions data reported to the federal government.

"These revised guidelines represent another significant step in our broad national effort to reduce the greenhouse gas intensity of the U.S. economy, and address the risk of global climate change,” Secretary of Energy Samuel Bodman said. “With the help of a wide range of stakeholders, we have improved upon our earlier effort to provide a clear and transparent accounting system that will encourage increased participation in voluntary efforts to reduce greenhouse gas emissions in a cost-effective way.”

The revised guidelines emphasize the importance of providing a full accounting of all domestic and international greenhouse gas emissions, sequestration activities and emission reductions. The revised guidelines also include “state-of-the-science” guidance and tools for estimating emissions from agricultural, forestry and conservation activities important for carbon sequestration efforts.

The revised guidelines will enable DOE to recognize those participants in the program that provide an accurate and complete accounting of their greenhouse gas emissions and activities to reduce, avoid and sequester their greenhouse gas emissions. Under the revised guidelines, utilities, manufacturers and other businesses that emit greenhouse gases will be able to register their emission reductions achieved after 2002 if they also provide entity-wide emissions inventory data.

The guidelines reflect consideration of the many comments received from states, industry and environmental groups during the numerous stakeholder reviews and meetings conducted by the interagency group, which included the Departments of Energy, Agriculture, and Commerce, along with the Environmental Protection Agency, the Council on Environmental Quality, and the Office of Management and Budget.

The guidelines will be published in the Federal Register for a 60-day public comment period and are expected to become effective 180 days from publication.

Two public workshops are planned to discuss these latest revisions to the guidelines. The first, to be held in late April, will address the full scope of issues raised by the guidelines. The second workshop, scheduled for early May, will focus on those issues raised by the agricultural and forestry sections of the guidelines.

More information on these workshops and on the guidelines is available at www.pi.energy.gov/enhancingGHGregistry.

Those wishing to offer comment on the proposed guidelines can do so by emailing 1605bguidelines.comments@hq.doe.gov.

(Source: U.S. DOE news release, 3/22/05)