PA Appeals Court Decision Blocking Mercury Rule

Pennsylvania's Department of Environmental Protection has appealed a ruling by Commonwealth Court that blocked the state's mercury emissions rule that is stricter than federal standards. Commonwealth Court Judge Dan Pellegrini called Pennsylvania's rule unlawful, invalid and unenforceable. Allentown-based PPL Corporation filed suit to block the rule claiming Pennsylvania can't enforce it because it is based on a federal rule which was overturned.
But D.E.P. spokeswoman Theresa Candori told DUQ News that the Pennsylvania rule is "a well-crafted, cost-effective program designed to protect Pennsylvanians from exposure to mercury emitted from coal-fired plants. Our rule accelerates adoption of proven technologies that will protect the public health and the environment."
Pennsylvania has 34 coal-burning power plants that emit 5 tons of mercury into the air annually. The Pennsylvania rule requires the coal-fired plants to reduce mercury emissions 80% by 2010 and 90% by 2015 from 1999 levels. The state rule also bans mercury emissions trading and that means older plants can't avoid installing expensive control equipment.