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Northeast States' Governors Call on U.S. EPA to Reduce Mercury Pollution
 States File Cleanup Plan to Eliminate Fish Consumption Advisories and Protect Children's Health
Governor Deval Patrick and Energy and Environmental Affairs Secretary Ian Bowles joined officials from the New England states and New York to call upon the U.S. Environmental Protection Agency (EPA) to do more to control mercury pollution that blows into the Northeast from coal-fired power plants in the Midwest and elsewhere in the nation. High mercury levels in fish have been detected throughout the Northeast region, necessitating public health warnings not to consume freshwater fish caught in local waters.
For the first time, states are linking violation of Clean Water Act standards to EPA's authority under the Clean Air Act to do more to control mercury emissions. The states have jointly submitted to EPA a cleanup plan, called the "Northeast Regional Mercury Total Maximum Daily Load" (TMDL), which continues to implement the states' Mercury Action Plans. These plans are among the most aggressive mercury pollution reduction efforts in the world and target a 75 percent reduction in mercury emissions by 2010 and virtual elimination of mercury pollution in the region thereafter.
"Mercury pollution is a problem in Massachusetts and our neighboring states," said Gov. Patrick. "Even low levels can have serious health consequences for our children. We are doing our part to address the problem, but we can't do it alone. EPA needs to step up, cut mercury pollution coming our way from the Midwest, and help protect our waters and our citizens."
Last month, EPA announced its approval of the states' mercury TMDL, supporting the states' efforts to reduce mercury emissions and approving the plan's call for a 98 percent reduction from 1998 levels of mercury from atmospheric sources in order to make mercury levels in fish low enough for the states to lift fish consumption advisories.
However, EPA did not commit to further curbs on airborne mercury pollution from Midwestern coal-burning power plants and other pollution sources. The Commonwealth and its Northeast partners have subsequently called on EPA to take up a leadership role to require commensurate standards for upwind sources that are impacting the environment and public health in the Northeast. The states plan to pursue the issue with EPA.
15,000 Newborns Exposed to Unsafe Mercury Levels
Mercury bio-accumulates in fish and is very toxic to the developing brain. Throughout the Northeast, elevated levels of mercury in freshwater fish have resulted in statewide fish consumption advisories covering more than 10,000 lakes, ponds and reservoirs and over 46,000 miles of rivers. Across New England, more than 15,000 newborns are being exposed to unsafe levels of mercury each year, primarily due to their mothers' consumption of contaminated fish.
The New England Governors and the Governor of New York are leading the country in controlling mercury pollution.
State mercury reduction programs and regulations far exceed federal requirements and have met with great success: Northeast states have reduced mercury emissions from sources in the region by greater than 55 percent overall, with many states exceeding 70 percent reduction since 1998.
New England states are now eliminating unnecessary uses of mercury through mercury products legislation, implementing strict regulations on power plant emissions, and taking actions to reduce mercury wastewater discharges from dental offices and other facilities. These actions will advance the goal of virtually eliminating mercury pollution sources in the Northeast region.
Despite these efforts, mercury levels in fish are still too high. Since greater than 70 percent of the mercury impacting New England is currently imported from upwind air pollution sources, the states will not be able to solve this problem without better federal regulations.
"In order for our lakes and ponds to be restored completely, mercury pollution in New England - which comes mostly from out-of-region sources - must be reduced by 86 to 98 percent," said Secretary Bowles. "The EPA needs to make sure that the mercury reduction efforts in the Northeast region are matched in states across the country."
States' Plan More Stringent Than EPA Effort
The EPA Clean Air Mercury Rule (CAMR) will only control mercury pollution from coal-fired power plants by about 70 percent and not until after 2020. The rule also allows for pollution trading, which can contribute to mercury "hotspots." In contrast, Northeast states are requiring that 90-95 percent mercury control be achieved by 2012, without trading.
The submittal of the Northeast Regional Mercury TMDL to EPA occurred on the 35th anniversary of the Clean Water Act, signaling the need for greater recognition and comprehensive strategies to control pollution that impacts both air and water. The TMDL also demonstrates the need for stricter national controls on trans-boundary air pollution to protect air and water quality of downwind states.
"Our waters will never be clean unless we acknowledge that, in the 21st century, solutions can only be found across state and regional borders," said MassDEP Commissioner Laurie Burt. "To control mercury in Massachusetts waters, we need strict national standards on emissions in the Midwest."
A mercury TMDL is a calculation of the maximum amount of mercury that a water body can receive and still have fish that are safe to eat.
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