DENVER—The
U.S. Senate today fell just shy of invoking the rarely-used
Congressional Review Act to overturn a Bush administration rule
granting power plants an extra 10-20 years to reduce their mercury
pollution. The Congressional Review Act allows Congress to void federal
agency rules and has been successfully used only once before. The
“resolution of disapproval” (S.J.Res.20) failed on a bipartisan vote of
47-51, with nine Republicans supporting the resolution. Senator Salazar
supported the resolution, but Senator Allard did not.
“The
Bush administration’s rule is harmful, illegal, and contrary to common
sense,” said Pam Kiely of Environment Colorado. “Mercury can affect the
way children think, learn, and grow, causing problems ranging from
learning disabilities to mental retardation. We need a solution now,
not a generation from now.”
“We
commend Senator Salazar for working to protect our children’s health,”
Kiely said. “We are sorely disappointed that Senator Allard cleared the
way for this dangerous rule to go forward. Fortunately, this is not the
end of the matter. We expect the Bush administration’s rule will be
overturned in the courts, where special interests cannot trump the law.”
The resolution, sponsored by Senators Leahy (VT), Collins (ME), and
Snowe (ME), would have voided a March 2005 Bush administration rule
that declares mercury emissions from power plants “do not pose hazards
to public health” and rescinds a 2000 EPA finding that these emissions
are so potentially damaging that they require the strictest limits
under the Clean Air Act – the maximum achievable reductions within
three years after the regulation is finalized, or about a 90% reduction
by 2008. This cleared the way for the second, industry-favored
“cap-and-trade” rule that delays mercury-specific controls until at
least 2018 and lets power plants buy and trade the right to pollute.
The White House responded to the impending Senate vote yesterday by issuing a rare veto threat.
Mercury
is a potent neurotoxin that can affect the brain, heart, and immune
system. Developing fetuses and children are especially at risk; even
low-level exposure to mercury can cause learning disabilities,
developmental delays, lowered IQ, and problems with attention and
memory. EPA scientists estimate that one in six women has enough
mercury in her body to put her child at risk should she become pregnant.
The
primary pathway for human exposure to mercury is by eating fish.
Colorado has mercury-related fish consumption advisories covering
17,105 acres of lakes.
Power
plants are the largest source of mercury emissions in the U.S.,
contributing 41 percent of the total each year. Technologies to reduce
mercury emissions have been used on municipal and medical waste
incinerators for nearly a decade and have been successfully
demonstrated on all major types of coal in numerous full-scale tests at
coal-fired power plants, according to the Congressional Research
Service.
“With
effective, affordable mercury controls already available, there is no
excuse for power plants to keep pumping toxic mercury into our
environment,” Kiely said. “We know how to solve the problem. We just
need the will to ensure mercury cuts in this decade, as the Clean Air
Act requires, instead of years into the future.”
