BOISE n The ball is back in Idaho’s court in terms of setting rules for mercury emissions from coal-fired power plants.

And, the direction of that plan will fall in the lap of newly inaugurated Gov. Jim Risch, following the federal government’s finalization of its regulations this week.

“I am very aware of this issue,” Risch said. “I am receiving input from a variety of sources regarding mercury and the environment.”

The state of Idaho has until November to declare if it will participate in a federal mercury program opening the door for coal-fired power plants in the state or opt out, closing the door until a later date. Magic Valley residents will be watching Risch’s decision closely given that California-based Sempra Generation intended to build a 600-megawatt plant in Jerome County. The company now plans to sell the rights to its project, leaving the potential for a coal-fired facility in Magic Valley still looming in the future.

The governor understands the significance of his action to the Magic Valley region, said spokesman Brad Hoaglun. And, the governor will take action.

“I will study the issues closely and will roll out a state action plan later this summer or early this fall,” Risch said.

In March 2005, the U.S. Environmental Protection Agency released its Clean Air Mercury Rule, a regulation intended to cut mercury emissions in half within 15 years with an ultimate goal of a 70 percent drop nationwide. Environmentalists faulted the Bush administration proposal because dirty power plants would still be allowed to purchase emission credits from cleaner facilities, thus not forcing the heaviest emitting plants to clean up.

With no coal-fired power plants in the state, Idaho held a unique position of owning no emission credits. In order to build such a plant in the state, Idaho would have to join the federal cap and trade program, allowing the company interested in building in the state to purchase mercury credits from a facility in another state.

Under the direction of then Gov. Dirk Kempthorne, the staff at the Idaho Department of Environmental Quality drafted a rule to place Idaho in the federal cap and trade program. Within a few weeks, the department received comments from over 600 people n most from Magic Valley and most opposed to entering the federal program. Before DEQ could carry out Kempthorne’s plan, the EPA pulled its rule back for further consideration, releasing it back to the states on Wednesday.

Mike Dubois, with DEQ air quality division, noted a few minor technical changes in the recently finalized rule.

“I think the bottom line for us is that nothing has changed,” Dubois said “It’s the same deal as before.”

What has changed since the original rule was released, however, is who is sitting in the governor’s chair. And, the fact that the 2006 Idaho Legislature enacted a two-year moratorium on the building or permitting of coal-fired power plants in the state. The Legislature also instructed an interim committee to update the state’s energy plan.

However, it’s unclear whether Risch will have until later this summer or fall to make his decision. In May, several citizens groups, including the Idaho Conservation League, the Idaho Rural Council and numerous Magic Valley-based anti-Sempra organizations, asked DEQ’s board to opt out of the federal program.

“Opting into the federal mercury cap and trade program would be a lose-lose situation for Idaho,” said ICL’s Courtney Washburn, in a press statement. “The only thing Idaho would gain is additional mercury, which threatens the health of Idaho families.”

Times-News reporter Michelle Dunlop can be reached at 735-3237 or by e-mail at mdunlop@magicvalley.com.