Public Must Weigh in on Mercury Emission Regulation

Public Must Weigh in on Mercury Emission Regulation

Oct 22 - South Bend Tribune

Much has been written and said recently about the Indiana Air Pollution Control Board's decision to hold a public hearing on the subject of mercury emission regulation, and the Air Board's endorsement of a process for gathering information regarding the health, environmental and technical issues associated with such regulation. The Air Board is an entity separate from the Indiana Department of Environmental Management that is responsible for adopting the state's air regulations.

IDEM acknowledges the need and desire for the public to weigh in on this issue with meaningful comment.

The debate is not about whether Indiana should develop a mercury rule. The Air Board has already indicated its intent to do so. The issue now becomes the substance of that rule, and all of us need more information before meaningful public debate can begin.

As the process unfolds, there will be many more opportunities for more public input than the October hearing already scheduled by the Air Board. This could include additional public hearings at regional locations throughout the state.

Mercury emissions from power plants are currently unregulated in the United States. The potential health effects from these emissions prompted the U.S. Environmental Protection Agency to begin a process to develop a regulation several years ago. That EPA rule is expected to be adopted in March 2005. Once in place, all states will be expected to adopt rules that are at least as stringent as the new federal rule.

Some believe that the new EPA rule will not require meaningful reductions quickly enough, and thus, the call for states to act on their own was elevated.

Our concern about mercury emissions led IDEM to initiate programs to educate the public about waterways that contain fish which people should avoid eating due to mercury and/or other contamination. (We also tell people about the many waterways that contain fish that they may eat without fear of contamination from mercury and other pollutants.)

Our concern about mercury has also led IDEM to initiate programs to reduce mercury in the environment, including a collection that has resulted in removing more than 12,000 mercury fever thermometers and mercury thermostats, and 4,000 pounds of elemental mercury from homes, businesses and dentists' offices around the state, making us a national leader in mercury reduction efforts.

Indiana will be greatly affected by any new regulation because our state has a significant electric utility industry that relies heavily on Indiana coal as fuel used to generate low-cost electricity that powers our homes and businesses. Utilities are the single largest category of industries that produce mercury emissions as part of their operations. And while we must effectively address regulatory needs to protect human health, we must also keep in mind that the costs of that regulation will be borne by utility ratepayers and thus invest that money in the very best manner possible.

Because mercury emissions are easily transported from state to state, we believe the best regulatory solution is one that is followed uniformly by all the states.

We at IDEM chose not to recommend that the Air Board pre-empt the federal government's mercury emissions rule-making process by adopting a state regulation. Not because we believe the issue can wait. Not because we believe these emissions do not need regulation. But because it made sense to us to try to influence the federal rule first and then, once the federal rule is finalized (by March 15, 2005, per current federal court order), see what the federal rule would be and to address any flaws we saw in that rule, which we must accept as the foundation for state regulation.

We at IDEM look forward to the Air Board public hearing, the work group's discussion and findings and any additional action the Board may find necessary as a result. The work group will include as many members of the public, the scientific community and the environmental community as want to participate.

Indiana is on course to adopt mercury emission regulation. That process requires and will provide additional public hearings and opportunities for all Hoosiers to express their thoughts on the issue. I encourage all those who are concerned to be a productive part of the work group and to submit your comments throughout this process.

Lori F. Kaplan is commissioner of the Indiana Department of Environmental Management.

For far more extensive news on the energy/power visit: http://www.energycentral.com .