255 Acceptance of request to extend review period-- mercury emissions petition

ENVIRONMENTAL
QUALITY BOARD

Acceptance of Request to Extend Review Period--Mercury Emissions Petition

[35 Pa.B. 810]

   On October 19, 2004, the Environmental Quality Board (Board) accepted a rulemaking petition for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy). The petition, submitted on behalf of the Citizens for Pennsylvania's Future (PennFuture), et al., seeks protection of human health and the environment by the regulation of mercury emissions to the air. Specifically, the petition requests Department of Environmental Protection (Department) action to regulate the emission of mercury to the air from electric utilities in this Commonwealth.

   Under 25 Pa. Code § 23.6 (relating to notice of acceptance and Department report), the Department is required to prepare a report evaluating the petition within 60 days from the date the petition was accepted by the Board. If the report cannot be completed within the 60-day time period, the Department must state at the next Board meeting how much additional time is necessary to complete the report.

   At the January 18, 2005, Board meeting, the Department requested an additional 120 days to complete the report. An extension of the review period was requested to enable the Department to review Federal mercury emission reduction regulations, which are expected to be published by March 15, 2005. The Department's request was approved by the Board, thereby extending the Department's review of the petition by 120 days from January 18, 2005. The Department's report will include a recommendation on whether the Board should approve the action requested in the petition. If the recommendation is to change a regulation, the report will also specify the anticipated date that the Board will consider a proposed rulemaking.

   The petition is available to the public for review by contacting the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, [phone] and is accessible on Department's website: www.dep.state.pa.us, DEP Keyword: EQB (October 19, 2004, meeting).

KATHLEEN A. MCGINTY,   
Chairperson

[Pa.B. Doc. No. 05-255. Filed for public inspection February 4, 2005, 9:00 a.m.]