Michigan joins with 14 other states to stop EPA's mercury rule

Washington (Platts)--12Aug2005

Michigan filed a motion in the US Court of Appeals for Washington, DC, on
Wednesday to join other states seeking a review of the Clean Air Mercury Rule.
In doing so, Michigan became the 15th state to challenge the rule.

"The federal rule falls far short of the measures needed to protect human
health and the environment. Regional reductions are needed to protect
Michigan's citizens and our water bodies from mercury pollution," said Steven
Chester, director of the state's Dept. of Environmental Quality.

"The rule would require a 66% reduction of mercury from Michigan power plants
by 2018," the DEQ said. But DEQ called it a "soft cap" because the
cap-and-trade program proposed by the Environmental Protection Agency could
allow utilities to emit excess mercury beyond 2020. 

In June, the state's Mercury Electric Utility Workgroup released a report on
mercury emissions from power plants. According to Michigan's Final Report:
Mercury Emissions from Coal-Fired Power Plants, coal-fired electric generating
units are currently the largest single source of anthropogenic mercury
emissions in Michigan.

Last week, the court denied a request by environmental groups to stay the
rule. The petitioners sought to keep the rule from taking effect pending the
outcome of several lawsuits that have been filed against it. But the court
refused to grant the stay, saying the groups did not satisfy the "stringent
standards" that are required for such action. 

EPA finalized the mercury rule in March that seeks to cut mercury emissions in
two phases under a national cap-and-trade program. During the first phase
emissions will be reduced to 38 tons by 2010, taking advantage of "co-benefit"
reductions achieved by reducing sulfur dioxide and nitrogen oxide emissions
under the Clean Air Interstate Rule. Under the second phase, emissions will be
reduced to 15 tons by 2018. 

Other states challenging the rule include California, Connecticut, Delaware,
Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New
Mexico, New York, Pennsylvania, Vermont and Wisconsin.

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