News from New York State Department of Environmental Conservation

For more information contact: Maureen Wren, 518-402-8000

Statement by DEC Commissioner Pete Grannis on the Favorable Federal Appeals Court Decision

Striking Down the EPA's Clean Air Mercury Rule

ALBANY, NY (02/08/2008; 1610)(readMedia)-- The EPA's policy for coal- and oil-fired power plants was not only detrimental but also illegal, as the court clearly recognized. This is a tremendous victory for states like New York that are impacted by the damaging effects of mercury. New York has already proven to be a national leader by enacting stringent regulations for power plants and other mercury emitters, and now we call on the Bush Administration to follow our lead and enact meaningful mercury reduction requirements. We will continue to build upon our in-state efforts to reduce sources of mercury to further protect our residents, waters, fish, and other natural resources.

New York State was a participant in the lawsuit against the United States Environmental Protection Agency (EPA) because the federal program to control mercury pollution would have delayed emissions reductions for many years, perpetuated hot spots of local mercury deposition and posed a serious threat to the health of children. In the absence of effective federal regulations to control mercury from power plants, New York State recently enacted stringent requirements which greatly exceed current federal standards and will result in reductions of mercury emissions from coal-fired utilities by 90 percent by 2015.

New York has also enacted other measures that are reducing mercury from the waste stream. This includes prohibitions on the possession and use of non-encapsulated elemental mercury in dental offices and requirements that dentists recycle any elemental mercury or dental amalgam (used in tooth fillings) waste to help prevent this material from entering landfills, incinerators, or sewer systems. In addition, the state is continuing efforts to require wastewater treatment plants to prepare mercury minimization plans and to conduct mercury monitoring using the most effective analytical methods. Also, in the absence of federal leadership on the regulation of other large in-state mercury contributors, the state Department of Environmental Conservation is currently examining technologies that would substantially reduce mercury emissions from cement plants.

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In December 2007, EPA approved a plan submitted by New York and other northeastern states to help effectively reduce mercury levels in the region's rivers and streams. To date, EPA has not developed new ways to implement the plan's recommendations. At the time of the approval, Commissioner Grannis stated: "New York is pleased that EPA has agreed with the scientific evidence showing mercury's negative effects on the environment and public health, but EPA needs to follow up with a national program to more effectively control harmful air emissions."

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Attachments

Mercury Court Win
mercury_court_win.doc