STATE OF LOUISIANA STATE state of louisiana MERCURY RISK MERCURY MERCURY RISK THE MOST SIGNIFICANT RISK OF “EXPOSURE TO MERCURY BY HUMANS IS FROM THE CONSUMPTION OF FISH. PREPARED FOR LOUISIANA GOVERNOR KATHLEEN BABINEAUX BLANCO REDUCTION PLAN LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY OF ENVIRONMENTAL LOUISIANA DEPARTMENT PREPARED BY THE LOUISIANA WWW.DEQ.LOUISIANA.GOV DEPARTMENT OF ENVIRONMENTAL QUALITY JULY 2007 state of louisiana MERCURY RISK PREPARED FOR LOUISIANA GOVERNOR KATHLEEN BABINEAUX BLANCO 2007 MERCURY RISK REDUCTION PLAN prepared by the louisiana department of environmental quality preface The Louisiana Mercury Program Louisiana Governor Kathleen Blanco recognized this began in 1994 when it was first peril and created the Louisiana Mercury Initiative. funded by the Louisiana Legislature. State and federal agencies, businesses, industries, Since then, the significant increase nongovernmental environmental organizations, of mercury-related information has and other interested members of the public were in- led to a better understanding of vited to participate in formulating the state action what mercury in the environment plan. This plan will chart the path for reducing risk means to the residents of the state. to mercury exposure. Since mercury is used in so This information has enabled us to many products and processes, reducing mercury and review the program and adjust the direction so that associated risks will require a broad, comprehensive the Louisiana Department of Environmental Quality collaboration to be effective. (LDEQ) can continue to build on past findings. It has led to a clear understanding of mercury as a health Recent actions by the Louisiana Legislature have il- threat, especially to young children and the unborn, lustrated the commitment that Louisiana lawmakers because they are most susceptible to the neurological have toward protecting our children and environ- effects of mercury overexposure. Such a threat to our ment from mercury. Senate Bill 615 was signed into future generations warrants action on the part of law on June 2, 2006, and became Act No. 126 – the the state to protect and preserve human health and Louisiana Mercury Risk Reduction Act. This law, the environment. That action is embodied in this the first of its kind in Louisiana, gave authority to Mercury Risk Reduction Plan. It is a plan to map the LDEQ to regulate mercury-added products and also pathway for a cleaner environment and healthier provided the authority necessary to address unregu- future. lated mercury sources. Authorities within the federal Clean Air Act, Clean Water Act and Resource Con- While mercury has very unique properties, it is not servation and Recovery Act give LDEQ the capability unique. Throughout history, there have been nu- to address all other sources either through existing merous substances that filled significant needs, but it regulation or additional rulemaking. was discovered later that the dangers associated with long-term use outweighed the benefits. You may re- In addition to granting these new authorities to member how valuable DDT was as a pesticide, pro- LDEQ, the legislature continues to fund the Loui- tecting humans from insect-borne diseases, or how siana Mercury Program with annual allocations of valuable PCBs were for use as an electrical insulator, state general funds. Even at a time when the state’s or how valuable asbestos was as a thermal insulator. economy was reeling from the effects of the 2005 Even though use of these materials ceased decades hurricane season, the legislature agreed to fully fund ago, the nation continues to be plagued by the ef- the program in recognition of its importance to Lou- fects of these substances in the environment today. isiana. While mercury is a naturally occurring element, On behalf of Governor Blanco, I want to personally human activities have increased the availability of thank all of you who have remained committed to mercury to aquatic life and the fish we catch and protecting human health and the environment and eat. This threatens an aspect of Louisiana’s culture have helped create the Mercury Risk Reduction Plan. that must be addressed. For many generations, Loui- Without your help this effort would not have been siana’s family-oriented lifestyles have included so- possible. cial gatherings where local table fare is a significant component. At best, concern over the safety of sea- food consumed by the younger generations at such events and in daily life casts a pall on the joie de vie that is so much a part of this wonderful state. At Mike D. McDaniel, Ph.D. worst, we may be watching each subsequent genera- Secretary tion suffer from potentially irreversible neurological Louisiana Department of Environmental Quality damages that may impair our children for the rest of their lives. PAGE i | preface 2007 MERCURY RISK REDUCTION PLAN acknowledgements The Louisiana Mercury Risk Reduction Plan was de- Josh Carroll was responsible for layout, design and veloped with the assistance of many. Groups repre- graphics. Marian Mergist was responsible for format- sented and participating with LDEQ in the Mercury ting. Chris Piehler was the coordinating author. Initiative workgroup meetings included representa- tives from the Louisiana Department of Health and Acknowledgment is extended to the historic partic- Hospitals (LDHH), Louisiana Department of Wildlife ipants of the Louisiana Mercury Program. Routine and Fisheries (LDWF), Louisiana Department of Ag- contributions have been received from Dianne Dug- riculture and Forestry (LDAF), Louisiana Attorney as, Shannon Soileau, Louis Trachtman, and Melanie General’s Office, United States Geological Survey Ramson of LDHH, Office of Public Health, Section of (USGS), United States Department of Agriculture, Environmental Epidemiology and Toxicology; Joey United States Environmental Protection Agency Shepard, Harry Blanchet, and Gary Tilyou of LDWF; (EPA) Region 6, EPA Gulf of Mexico Program, South- Robert Boothe, Brian Fontenot, Carrick Boffy, Ja- eastern Louisiana University, Tulane University, Del- son Broussard, Matthew Todd, Shane Miller, Kevin gado Community College, Louisiana State University Natali, Kirk Cormier, and William Tucker of LDEQ, (LSU) Wetland Biogeochemistry Institute, LSU Agri- who have been responsible for field data collection; cultural Center, LSU Sea Grant Program, LSU Haz- Debbie Brotherton of the University of Louisiana at ardous Substances Research Center, LSU Department Monroe Plant-Soils Laboratory; Barry Kohl of the of Environmental Studies, Louisiana Forestry Associ- Louisiana Audubon Council; Louis Johnson, retired ation, Louisiana Association of Business and Indus- administrator of LDEQ; and Ron Delaune, Istvan try, Louisiana Dental Association, Louisiana Chemi- Devai, and the late William Patrick of the LSU Wet- cal Association, Louisiana Mid-Continent Oil and land Biogeochemistry Institute. Gas Association, Louisiana Oil and Gas Association, Louisiana Audubon Council, Louisiana Wildlife Fed- Special thanks are offered to the members of Louisiana eration, Louisiana Environmental Action Network, Legislature who enable the operation of the Louisiana Sierra Club, Gulf Restoration Network, Coalition Mercury Program through the annual disbursement for Louisiana Progress, U.S. Public Interest Research of state general funds. Finally, congratulations are Group, URS Corporation, Central Louisiana Electric extended to Governor Kathleen Blanco, Secretary Company, Southwestern Electric Power Company, Mike D. McDaniel and the executive staff of LDEQ Unocal Corporation, Citgo Petroleum Corporation, for the successful development of this state mercury BASF Corporation, Chlorine Institute, Pioneer Amer- action plan and the proactive desire to reduce risks icas LLC, PPG Industries Incorporated, Solutions to Louisiana citizens associated with mercury. Through Science, Entergy Gulf States Incorporated, Louisiana Generating LLC, Southern Scrap Material Company LLC, Bayou Steel Corporation and numer- ous individuals representing the public and other business interests. This list of participants also aided in editing the draft plan for production of the final document. Numerous individuals at LDEQ contributed as au- thors of the plan. Co-authors of the plan include James Orgeron, Jennifer Mouton, John Rogers, Al Hindrichs, Bill Schramm, Timothy Bergeron, Linda Brown, Alice Fredlund, Aimee Killeen, Gary Aydell, Melissa Reboul, Chris Simms, Darlene Dosher-Col- lard, Frank Truesdale, Hall Bohlinger, Kimberly Cor- nelison, Rodney Mallett, Karen Gautreaux and Dr. Mike D. McDaniel. 2007 MERCURY RISK REDUCTION PLAN acknowledgements | PAGE ii table of contents SECTION PAGE Preface............................................................................................................................................i Acknowledgements ......................................................................................................................ii Table of Contents ....................................................................................................................... iii List of Figures ..............................................................................................................................vi List of Tables .............................................................................................................................. viii Acronyms and Abbreviations .....................................................................................................ix