August 17. 2004 6:20PM

N.Y. Orders Power Plants to Cut Emissions

By MICHAEL GORMLEY
Associated Press Writer

Citing what they called a public health emergency, New York officials on Tuesday ordered power plants to reduce emissions blamed for acid rain.

State Environmental Conservation Commissioner Erin Crotty announced the emergency order aimed at reducing emissions at least temporarily. At the same time, she announced an appeal of the decision by a state judge this spring that had blocked the same regulations from taking effect permanently.

"These regulations are critical in order to further protect public health and New York's precious natural resources," Crotty said.

"Any delay in implementing these critical regulations will result in more than 40,000 tons of sulfur dioxide and nitrogen oxide being pumped into New York's air," she added.

Power plants and unions had sued the state over its anti-pollution regulations. In the ruling in May, Supreme Court Judge Leslie Stein upheld the state's right to establish the strict measures, but found the state had missed its own deadline to adopt them.

Because the new order cites a health emergency, it isn't directly reviewed by the court, but power plants could still sue to reverse it. The emergency order would reduce pollution levels for at least 90 days but could be extended to 1 1/2 years or more.

Crotty said the state has requested an expedited ruling on the appeal that struck down the permanent regulations. The executive order from Gov. George Pataki had called for reductions of nitrogen oxide by 70 percent and of sulfur by 50 percent by 2008.

A spokeswoman for NRG Energy declined to comment.

About 76,200 tons of nitrogen oxide and 232,000 tons of sulfur dioxide are emitted annually, according to a 2002 state study.