According to McElhaney, those who support the less stringent rules say the vast majority of mercury emissions in the air come from sources all over the globe, particularly China, and not just from coal-fired utilities.

The cap-and-trade regime, however, has come under fire not just by environmental groups. A report by the Congressional Research Service states it would take until at least 2030 to reduce mercury emissions by 70 percent without implementing direct pollution controls.

Montelle Clark, chairman of the Oklahoma Sustainability Network’s mercury emissions campaign, said adopting less restrictive rules could have a negative impact on the state. The dangers of mercury in the environment are well known, he said. And coal-fired power plants, which spew tons of particulates into the environment annually, are the nation’s largest remaining source of manmade mercury emissions.

“We learned that these (proposed rules) were the least stringent rules and that a number of other states were suing EPA for stricter rules,” Clark said. “We think this would leave Oklahoma in a position that would attract dirty power plants.”

Clark said a reputation of being environmentally unfriendly would also drive away the “creative class” of workers thought to be by many as the driving force of a healthy and growing economy.

“When you are talking about a public health issue, we believe it is better to err on the side of caution,” Clark said. “It seems to go the other way with the industry, which seems to have the philosophy of ‘Let’s just take that chance.’”

When it comes to something as hazardous as mercury pollution, Clark said he and other OSN members believe the better approach for the state would be to adopt stricter rules to protect public health.

“The technology is out there to clean up the emissions, and it is reasonably affordable,” Clark said. “When you’re dealing with something as serious as mercury, we feel you should not take any chances.”

Branecky said OG&E supports the EPA rules ODEQ has been leaning toward adopting while drafting state standards for mercury emissions. The proposed rules allow some flexibility with which the power provider can address rate payers’’ concerns, he said.

Under the proposed rules, each coal-fired facility in Oklahoma would be allowed to emit a limited amount of mercury each year under Phase I guidelines. Phase II regulations would require those plants to reduce even further the amount of mercury emitted.

“We think we should be able to meet Phase I regulations without any reduction,” Branecky said of the amount of mercury presently emitted by the company’s Muskogee plant. “But when 2018 rolls around, we will probably have to install some kind of control measures.”

With regard to concerns about the cap-and-trade system and its potential for creating mercury hot spots, Branecky said the issue “is still a topic of discussion.” He said the issue appears to be dependent upon the type of coal used.

OG&E imports the coal it uses at its Muskogee facility from Wyoming, which has lower sulfur content than coal from Oklahoma and other areas.

“With that type of coal, the issue of hot spots has not been proven,” Branecky said.

Branecky could not say with any certainty how OG&E plans to address the stricter emission standards that will kick in during Phase II if ODEQ approves the mercury-emissions rules as presented in its draft regulations.