Comments and Testimonies

STATEMENT OF CLEAN AIR COUNCIL
CONCERNING THE REGULATION OF MERCURY BY THE U.S. EPA

June 13, 2000
Chicago, IL
Docket No. A-92-55

I am Michael Fiorentino, Staff Attorney for Clean Air Council. Founded in 1967, Clean Air Council is a Pennsylvania-based, membership non-profit organization working through a combination of public education, community advocacy, and oversight of government enforcement of environmental laws to ensure that all can live in a healthy environment. Clean Air Council has offices in Philadelphia, Harrisburg and Wilmington, Delaware.

Because EPA deemed one public hearing for the entire nation sufficient for the issue of power plant air toxics, I have come a great distance to offer the Council's views this day. The resources expenditure is unfortunately justified because air toxics are so abundant in my home state. Pennsylvania is number 1 in the nation in mercury emissions from power plants and ranks 3rd for all toxic air emissions from electric utilities with over 58 million pounds in 1998.

Fully one-third of all mercury air emissions in the United States result from the burning of coal in electric utility steam generating units. In the Commonwealth of Pennsylvania, it is 36%. A gaping hole has existed in EPA's strategy for reducing the threats from mercury emissions in the environment, and that is the lack of regulation of mercury air emissions from power plants.

Mercury air emissions have been regulated by EPA, however, for several industries under the National Emission Standards for Hazardous Air Pollutants. EPA is under court order to fully comply with §112(n)(1)(A) of the Clean Air Act and make a determination by December 2000 whether to regulate these massive emissions. Section 112 requires EPA to regulate mercury and other air toxics from power plants if such would be "appropriate and necessary" considering the threats posed to human health. The EPA-commissioned study of those hazards is to be published in the coming weeks.

Mercury is a potent neurotoxin. It does greatest damage to the most vulnerable among us: children, infants and developing fetuses. There is little doubt that air emissions of mercury are bringing this toxin into the food chain. The pathways from mercury deposition to bioaccumulation in fish are well known.

In addition to holding the distinction of being the number one state for mercury emissions from power plants, Pennsylvania also has the misfortune of being downwind from other high emitters of mercury air pollution. Ohio is number 3 for mercury, and Illinois, Indiana and West Virginia are 4th, 6th and 7th respectively. All these states are within range to deposit significant mercury on Pennsylvania. Deposition modelling indicates that one half of mercury emissions deposit within 600 miles and 15% within the first 30 miles from the source. Power plant sources from within and without the State are contributing to mercury degradation of Pennsylvania waterways.

Fish advisories for high mercury content are prevalent in many states and exist also in Pennsylvania. Some states have issued advisories for all waters within the state. The advisories warn of health risks associated with eating more than a small amount of fish in a week or month's time, or they warn against eating any fish at all from the mercury-contaminated waters.

Clean Air Council is not alone among Pennsylvania environmentalists in urging EPA action. There are numerous organizations that agree that Mercury from power plants must be regulated, and at least four groups have signed on to a national statement that will be submitted to the Administrator.

The Council believes EPA can come to no other conclusion but that it is entirely "appropriate and necessary" to regulate toxic air emissions from power plants. It is unacceptable for this $400 billion / year industry to remain exempt from controls that many other industries have contended with for years.

The technological and economic feasibility of significant reductions in mercury emissions is no obstacle to a regulation governing power plants. Scrubbers and Electrostatic Precipitators, adsorption techniques, and fuel switching--all these options and others are available to achieve very significant reductions. Indeed, Congress intended that the Clean Air Act Amendments of 1990 would force technological advances in pollution control. Furthermore, it is clear that the electric power industry is well-equipped financially to make the necessary investments to these fossil steam plants. Time after time, industry has overstated the projected costs to add necessary pollution controls, and EPA should not be deterred by such arguments. Even if a modest price increase should result, the public has consistently stated a willingness to pay more for environmental benefits.

There must be swift action to reduce mercury and other air toxics. Clean Air Council agrees with other environmentalists and health advocates here today that mercury must be reduced by 90% from electric utility steam generating units. The 90% may be achieved as a company-wide average but in no event should a single unit be permitted to emit mercury at more than 40% of its baseline level. EPA must make the promulgation of a regulation accomplishing such reductions a priority.

Thank you for the opportunity to comment on this crucial public health matter.