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For Immediate Release
May 2, 2006

White Chairs Second Hearing on Reducing Mercury Emissions in Pennsylvania*

Will recall DEP secretary for third hearing to answer more questions. 

Harrisburg – The state Senate Environmental Resources and Energy Committee, chaired by Sen. Mary Jo White (R-21), today held the second public hearing on how best to craft a state program to reduce mercury emissions. 

Those testifying included representatives of coal, business, health and environmental organizations.  Senator White will be scheduling a third hearing to take further testimony from state Department of Environmental Protection (DEP) Secretary Kathleen McGinty, as well as public health experts. 

"Several committee members have serious concerns over statements made by Secretary McGinty at the committee's first hearing last week which have apparently misrepresented both the position of the mineworkers and the coal association, as well as the timing of when the secretary learned of these positions," said White. 

In March 2005, the United States became the first nation in the world to regulate mercury emissions from coal-fired power plants.  States have until November 2006 to indicate to the federal government how they intend to implement the mercury emission reduction rule. Under bipartisan legislation (SB 1201) introduced by White and Senator Raphael J. Musto, Democratic chair of the Senate Environmental Resources and Energy Committee,  Pennsylvania coal-fired power plants will be required to reduce mercury emissions by 86 percent no later than 2018, and could utilize a cap and trade program.  This approach provides incentives for power plants to comply earlier and achieve greater emission reductions. A plan proposed by DEP does not allow for trading and incorrectly labels the federal trading provision as "illegal". 

Senator White said the two hearings have highlighted several concerns with the DEP plan: 

• The DEP plan will provide no added environmental or health benefits to PA residents. 
• It will lead to higher energy costs, affecting not only manufacturers and other large energy users, but residential customers, who are facing the expiration of rate caps in the coming years (most in 2010). 
• It does not protect Pennsylvania bituminous coal jobs, but in fact may encourage fuel switching to bituminous coal mined in West Virginia and Kentucky. 
• According to the United Mine Workers of America, the DEP plan may be unconstitutional with its intended preference for bituminous coal.

"Unless we are putting a dome over the Commonwealth, we will continue to receive air from states that are not playing by the same rules," said White.

George Ellis, president of the Pennsylvania Coal Association representing bituminous coal operators, testified that the PCA view sharply differs with DEP's contention that its proposal encourages use of Pennsylvania coal and protects coal jobs. Despite his organization's repeated requests, DEP has not provided any type of analysis to substantiate its claim. 

Testifying on behalf of the United Mine Workers of America, Eugene M. Trisko told the committee that key advantages of Senate Bill 1201 over the DEP plan include incentives for plants to over-control mercury emissions, so that power providers can trade credits to under performing plants to help pay for major investments in pollution control technologies.  The state rule, members were advised, may cause smaller generators to shut down and lead to the loss of electric generating capacity and mining jobs. 

Dr. Jack W. Snyder, a public health information specialist, testified that no credible evidence exists supporting speculation that U.S. power plants account for any increase in, or for any more than one percent of, global mercury emissions.  He further stated that policymakers have not been provided credible evidence supporting speculation that any women, children, or fetuses have been harmed, or have been placed at increased risk of harm, as a result of eating fish obtained from bodies of water in Pennsylvania or other parts of the United States. 

The Pennsylvania Chamber of Business and Industry urged the committee to examine what, if any, incremental benefits would be achieved under a state-specific mercury rule. 

Clean Water Action urged the committee to hear directly from public health officials who have studied the impact of mercury on human health. 

"Any plan to reduce mercury emissions must be the result of sound science and honest dialogue, and achieving that is the bipartisan goal of this committee," said White. 

*Video of today's (May 2, 2006) hearing, along with written testimony, can be accessed by visiting www.senatormjwhite.com and clicking on "Senate Environmental Resources and Energy Committee." 

CONTACT:

Pat Henderson
(717) 787-9684