WVEC Action Alert

February 17, 2006

Critical Vote for Air Rule . . .

Mercury Rule Does Not Protect Human Health

            The Senate Judiciary Committee will take up for consideration next week DEP’s proposed rule for regulating toxic mercury contained in air emissions (SB 316).  This is a bad bill, and if you have the time you should call members of the committee and ask them to oppose authorizing this rule.

            DEP’s proposed Rule 45-CSR 37 (SB 316 and HB 4140) adopts and implements a Bush Administration EPA mercury “Cap and Trade” rule that actually delays any specific action to reduce mercury until after 2010, and will not result in adequate reductions in emissions of mercury from coal-fired power plants to protect public health until 2018.
Coal burning electric power plants are the largest unregulated source of mercury in the nation. EPA found in 2000 that “mercury (from coal-fired power plants) is both a public health concern and a concern for the environment.”

Humans are exposed to mercury primarily through eating fish. In the United States, mercury contamination is so pervasive that at least 45 state health departments have issued fish consumption advisories – West Virginia has issued a fish consumption advisory for EVERY stream in the state.

Mercury is highly toxic and bioaccumulates in the food chain. Exposure in the womb can cause severe effects in fetuses and children such as mental retardation, cerebral palsy, deafness, and blindness.

Exposure has also been linked to cardiovascular effects in adults and children, heart attacks in adult men, an increased risk of breast cancer in women, blood pressure problems and heart-rate irregularities in exposed children and adults, and the potential to affect the immune system.
While EPA has set a daily consumption reference dose for mercury, there is no evidence of a safe level given that health effects have been demonstrated at exposures below the reference dose.

DEP’s mercury air rule would adopt EPA’s proposed rule, which would not require any mercury-specific pollution controls before 2018 (12 years from now).  As a result, EPA predicts that the mercury emission cap will not be achieved until well beyond 2020.
Health care professionals and state and local air pollution control officials are challenging the EPA rule in federal court, because it actually represents significant roll-backs from existing Clean Air Act requirements for “Maximum Achievable Control Technology” (MACT). 

EPA’s proposed rule has not even been finalized yet. Not even one state has adopted the EPA rule, and at least six states have already adopted stronger legislation.
Other states are opting NOT to roll back mercury emission standards.  Why should West Virginia?

Please call Senate Judiciary Committee members and ask them to send this rule back to DEP and require the agency to develop emission standards for mercury that protect the health of West Virginia’s children and adults.

Committee members are:
Senator Kessler (Chair) (Marshall County)
Senator Oliverio (Monongalia County)
Senator Carruth (Mercer County)
Senator Barnes (Randolph County)
Senator Harrison (Kanawha County)
Senator Dempsey (Lincoln County)
Senator Jenkins (Cabell County)
Senator Lanham (Putnam County)
Senator Weeks (Raleigh County)
Senator Fanning (McDowell County)
Senator Chafin (Mingo County)
Senator Minard (Harrison County)
Senator Deem (Wood County)
Senator Foster (Kanawha County)
Senator Hunter (Monangalia County)
Senator White (Webster County)
Senator McKenzie (Ohio County)

You can call these Senators toll-free at 1-877-565-3447. The link to their e-mail addresses is www.legis.state.wv.us/committees/senate/judiciary/sencomJUD.cfm

NOTE ABOUT WVEC ACTION ALERTS: We know you receive a lot of email, so it is the policy of the West Virginia Environmental Council to send you our Action Alerts only when the issues are truly important and only when there is specific important action you can take to help. Thanks for your help and support.