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PA Bulletin, Doc. No. 05-1851

PROPOSED RULEMAKING

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Commencement of Mercury Rulemaking Public Involvement Plan

[35 Pa.B. 5520]

   On August 9, 2004, Citizens for Pennsylvania's Future (PennFuture) filed a petition with the Environmental Quality Board (Board) on behalf of various organizations ''requesting action to reduce the high emissions of mercury to the air from Pennsylvania's electric utilities.'' The petitioners requested a mercury control level of at least 90% or 3.00 mg/MW-hr per electric generating unit with compliance by December 15, 2007.

   The Department of Environmental Protection (Department) on August 15, 2005, recommended to the Board that a PA-specific mercury regulation be developed with significant public involvement. The rulemaking process would: (1) examine mercury emission reduction strategies for electric generating units; (2) encourage the burning of cleaner coal of this Commonwealth and discourage fuel switching; and (3) consider capacity and reliability concerns for delivery of power over the grid. By a 16-3 vote, the Board approved the Department's recommendation to develop a ''State-specific'' mercury emission control regulation. The motion was amended as follows: ''During the development of its regulatory proposal, the Department will confer with various stakeholders including, but not limited to, the Pennsylvania Chamber of Business and Industry, Pennsylvania Chemical Industry Council, Associated Petroleum Industries of Pennsylvania, Pennsylvania Manufacturers Association, Industrial Energy Users of Pennsylvania, Electric Power Generation Association, Pennsylvania Coal Association, United Mine Workers of America, Air Quality Technical Advisory Committee, Citizens Advisory Council, the petitioners and other representatives of the potentially regulated community.''

Purpose of Public Involvement:

   The Mercury Rulemaking Public Involvement process is being initiated to consult with a diverse group of public and private sector individuals, including representatives of the petitioners, industry and trade associations. The primary objectives of the public involvement process are to:

   1)  Discuss key information relevant to a ''State-specific'' mercury regulation.

   2)  Obtain recommendations on the technical aspects of the proposed rulemaking, including control levels, testing, monitoring, recordkeeping and reporting and compliance schedules.

   It is important to discuss the available background information on mercury emissions, deposition and control technology as well as the costs and benefits of the regulation. To this end, the Department will hold a series of meetings with the Mercury Rule Workgroup (Workgroup) including representatives of the Air Quality Technical Advisory Committee (AQTAC) and the Citizens Advisory Council (CAC) to discuss information and issues relevant to the development of Pennsylvania's mercury rulemaking. The first part of the Workgroup process will involve discussion of available background information on mercury emissions, deposition and control technology as well as the costs and benefits of the regulation. The second part of this process will address issues related to the development of the proposed mercury rulemaking.

Public Involvement Meetings

   Beginning in October 2005, the AQTAC and the CAC will jointly host several Workgroup meetings, on behalf of the Department, to facilitate discussions and stakeholder perspectives concerning the mercury rulemaking process. The meetings will provide a forum for the discussion of the Workgroup's perspectives and other topics of interest including mercury emissions, transport and deposition, global/local impacts, hot spots, speciation, control equipment, electric system reliability, costs and benefits, compliance timeframes and any other topics germane to the mercury rulemaking process. The Department's Air Quality staff will attend the Workgroup meetings to review available data and issues of concern. In addition, the staff will seek the input of the Workgroup during the development of the draft regulation. An independent record of the meetings will be made to allow the Department staff to focus on the discussion and regulation development.

   The first Workgroup meeting will be held on October 14, 2005, from 9 a.m. to 3 p.m. in Room 105 of the Rachel Carson State Office Building, 400 Market Street, Harrisburg. Additional meetings will be scheduled at the October 14 meeting. Materials related to the mercury petition and rulemaking process, including a list of Work- group participants and notices of Workgroup meetings, will be posted on the Department's mercury webpage at www.dep.state.pa.us, (Keyword: ''mercury rule'') for availability to the general public. Meeting notices will also be published in the Department's Daily Update, which can be accessed at www.depesf.state.pa.us/news/site/default.asp.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 05-1851. Filed for public inspection October 7, 2005, 9:00 a.m.]


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