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Bill Lets Power Plants Off the Hook for Their Mercury Emissions

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Bill Lets Power Plants Off the Hook for Their Mercury Emissions How a Loophole in the ‘Clear Skies’ Bill Lets Power Plants Off the Hook for their Mercury Emissions The Fine Print How a Loophole in the ‘Clear Skies’ Bill Lets Power Plants Off the Hook for Their Mercury Emissions April 2005 The Fine Print 1 Acknowledgements Written by Supryia Ray, Clean Air Advocate with PennEnvironment. © 2005, PennEnvironment Cover photos of smokestack and little boy courtesy of clipart.com. Photo of pregnant woman courtesy of Ken Hammond, USDA. Thanks to Martha Keating, Senior Scientist at the Clean Air Task Force; Alison Cassady, Research Director at PennEnvironment; and Emily Figdor, Clean Air Advocate at PennEnvironment, for their assistance with this report. To obtain a copy of this report, visit our website at www.PennEnvironment.org or contact us at: PennEnvironment 1334 Walnut Street, 6th floor Philadelphia, PA 19107 (215) 732-5897 The Fine Print 2 Table of Contents Executive Summary...........................................................................................................4 Background: Reducing Toxic Mercury Emissions from Power Plants...............................................5 The ‘Clear Skies’ Mercury Loophole ......................................................................................8 Findings: More Toxic Mercury Pollution ............................................................................... 10 A Loophole Without Limits? .............................................................................................. 12 Conclusion.................................................................................................................... 13 Methodology ................................................................................................................. 13 Appendix A................................................................................................................... 14 Notes .......................................................................................................................... 29 The Fine Print 3 Executive Summary Power plants are the largest source of U.S. EPA emissions data to examine the scope of the emissions of mercury, a bioaccumulative loophole. Key findings include the following: neurotoxin that poses serious health hazards even in minute amounts. Mercury is particularly • The loophole could exempt 39 percent (441 of harmful to the developing brains of infants and 1,120) of the nation’s mercury-emitting power young children; mercury exposure can cause plant units from regulation. These 441 units vision and hearing difficulties, developmental collectively emitted 4,971 pounds of mercury delays, lowered IQ, problems with memory, and into the air in 1999. attention deficits. While current law requires steep and swift reductions in power plant • The loophole could affect power plants in 36 of mercury emissions, the Bush administration’s the 47 states with mercury-emitting power “Clear Skies” bill would give power companies plants. In 16 states, total emissions from the until 2018 before requiring specific action to exempt units could exceed 100 pounds per reduce their mercury emissions. Even worse, a year. The loophole could exempt the most loophole in the fine print of the bill would mercury emissions in Indiana (532 pounds), exempt many of the nation’s power plant units Pennsylvania (356 pounds), Kentucky (333 from ever having to reduce their mercury pounds), New York (321 pounds), South emissions. This report uses Environmental Carolina (316 pounds), and North Carolina Protection Agency (EPA) data to examine the (311 pounds). scope of this loophole and finds that it would allow many of the nation’s power plant units to • The loophole could have a profound impact on continue releasing mercury into the air unabated. certain states. For instance, 64 percent of the mercury-emitting power plant units in New Specifically, the “Clear Skies” bill (S.131) would York could be exempt from reducing their exclude from regulation power plant units that mercury emissions under the bill. In 1999, emit 30 pounds or less of mercury per year, these units collectively emitted 321 pounds of including units that are part of a multi-unit power mercury into the air, or 31 percent of the plant that collectively emits more than 30 pounds state’s total power plant mercury emissions. of mercury per year. Moreover, the loophole could create a perverse incentive for power • In some cases, the loophole could let entire plants to reduce mercury emissions at individual plants off the hook for cleaning up their units just enough for those units to fall under the mercury emissions. For instance, Virginia’s threshold – and thus off the regulatory radar Potomac River plant has five units that emitted screen. Under the Clean Air Act, every power a total of 83.5 pounds of mercury into the air in plant is obligated to cut its mercury emissions 1999, yet the entire plant could get a free pass within three years to the level achieved by the because none of its units individually emitted best performing plants, about a 90 percent more than 30 pounds of mercury. emissions reduction. Rather than let many of the nation’s power plant Since EPA has performed no analyses to date on units continue to emit or even increase their the effects of this loophole on public health or the emissions of toxic mercury, Congress should environment, this report uses the most recent reject the “Clear Skies” bill. The Fine Print 4 Background: Reducing Toxic Mercury Emissions from Power Plants When power plants burn coal or wastes regulation.10 Mercury exposure also is associated containing mercury, their smokestacks emit with an increased risk of heart attacks.11 mercury, a persistent bioaccumulative toxin that builds up in body tissue. Rain, snow, and dust Even minute amounts of mercury are significant particles “wash” mercury out of the air onto land and go a long way. At Wisconsin’s Little Rock and into waterways, where some of it is Lake, for instance, researchers found that a single converted to methylmercury, a form that is gram of mercury deposition in a single year was especially toxic to humans and wildlife.1 enough to account for all of the mercury in the lake’s estimated fish population.12 Moreover, The primary way that people in the U.S. are because mercury is a bioaccumulative toxin that exposed to methylmercury is by eating is taken in faster than it is eliminated, it contaminated fish,2 which absorb mercury from biomagnifies up the food chain and builds up in water through their gills and from eating plants, body tissue over time.13 Fish at the top of the organisms, and other fish.3 In addition, mercury aquatic food chain can have mercury levels can pass through the human placenta to approximately one to ten million times greater developing fetuses and through breast milk to than the levels in surrounding waters.14 nursing infants.4 Forty-four states have active mercury-related fish A potent neurotoxin, mercury poses significant consumption advisories.15 Half of these advisories human health hazards. Mercury can affect are statewide advisories covering all of the state’s multiple organ systems, including the nervous, inland lakes and/or rivers.16 In addition, in cardiovascular, and immune systems, throughout 2004, the Food and Drug Administration and an individual’s lifetime.5 Infants and children are EPA issued a joint national advisory warning at higher risk of problems associated with women who might become pregnant, women mercury exposure because their nervous systems who are pregnant, nursing mothers, and young continue to develop until about age 14.6 children to avoid or limit their consumption of Exposure to mercury affects the developing certain fish and shellfish, including shark, brain, causing vision and hearing difficulties, swordfish, and tuna.17 delays in the development of motor skills and language acquisition, lowered IQ, problems with According to EPA, 60 percent of the mercury memory, and attention deficits; these deposited in the U.S. comes from man-made, developmental deficits may translate into a wide U.S.-based sources.18 Deposition rates differ by range of learning difficulties once children are in region and locale. For instance, in the southeast, school, resulting in lifelong consequences.7 EPA EPA estimates that U.S.-based sources account scientists estimate that one in six women of for 37 percent of total mercury deposition in childbearing age has enough mercury in her body Georgia, 58 percent in North Carolina, 62 to put her child at risk, should she become percent in South Carolina, and 68 percent in pregnant.8 Florida.19 Adults exposed to mercury may experience Power plants are the largest source of mercury neurocognitive defects similar to those seen in emissions in the U.S., releasing 48 tons of children exposed prenatally9 as well as adverse mercury, or 41 percent of the national total, per effects on fertility and blood pressure year.20 According to EPA, about 29 percent of The Fine Print 5 the mercury deposited in the U.S. comes from Florida, EPA, and the U.S. Geological Survey U.S. power plants; mercury deposition can be recently issued a study concluding that the levels much higher near individual sources.21 For of mercury found in largemouth bass and other instance, a 2003 analysis of EPA data found that wildlife in the Everglades have declined by 80 in-state sources of mercury can account for 50 to percent since state and federal agencies required 80 percent of mercury deposition at hotspots,22 municipal
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