Mercury Emission Regulation Will Require Public Input

Mercury Emission Regulation Will Require Public Input

Sep 22 - Evansville Courier & Press

Much has been written ("Not Enough" editorial, Sept. 7) 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 board's endorsement of a process for gathering information regarding the health, environmental and technical issues associated with such regulation.

The board is separate from the Indiana Department of Environmental Management (IDEM), which is responsible for adopting state air regulations.

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

The debate is not about whether Indiana should develop a mercury rule. The board has already indicated its intent to do so.

The issue now becomes the substance of that rule, and we need more information before meaningful public debate can begin.

As the process unfolds, there will be many more opportunities for more public input beyond the October hearing scheduled by the board. This could include additional public hearings 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 developing a regulation several years ago. That rule is expected to be adopted in March.

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 has been elevated.

Concern about mercury emissions led IDEM to initiate programs to educate the public about waterways that contain fish that 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.)

Concern has also led IDEM to initiate programs to reduce mercury in the environment. These include a collection that has resulted in removing more than 12,000 mercury-filled fever thermometers and 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 it has a significant electric utility industry that relies heavily on Indiana coal to generate low-cost electricity. Utilities are the top producers of mercury emissions as part of their operations.

And while we must address regulatory needs to protect human health, we must also keep in mind that the costs of that regulation will be borne by ratepayers, so the money must be invested in the best possible manner.

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

IDEM chose not to recommend that the board pre-empt the federal government's mercury emissions rule-making process by adopting a state regulation. Not because it believes the issue can wait. Not because it believes these emissions do not need regulation. But because it made sense for it to try to influence the federal rule first, and then, once it is finalized, to address any flaws in that rule, which it then must accept as the foundation for state regulation.

IDEM looks forward to the board's public hearing, the workgroup's discussion and findings and any additional action that may be necessary as a result.

The workgroup 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 regulations. 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 workgroup and to submit your comments throughout this process.

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

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