McHugh Introduces Acid Rain and Mercury Control Act
Proposal Urgently Needed, Must Be Enacted by Congress
Congressman John M. McHugh (R-Pierrepont Manor) announced today that he has introduced legislation, the Acid Rain and Mercury Control Act, to limit the emissions of sulfur, nitrogen, and mercury from coal-fired power plants. Recent court rulings have created uncertainty in the regulation of sulfur and nitrogen emissions and eliminated any regulation for mercury, making the need for this proposal all the more urgent. Congress is expected to consider global warming legislation this year and Congressman McHugh is fighting to ensure that restrictions on acid rain and mercury pollutants are included in that legislation. The Acid Rain and Mercury Control Act is endorsed by the Adirondack Council and the Adirondack Mountain Club.
"As all of us in Northern and Central New York know, the effects on our region from coal-fired power plants are devastating. It is absolutely critical that Congress include acid rain and mercury regulation in any global warming legislation - the impact on our environment, our health, and our economy of having no certain regulatory structure is simply unacceptable," said Congressman McHugh. "As I have throughout my time in Congress, I will be continuing to work with my House colleagues to ensure they understand the absolute imperative of this legislation."
"This bill is exactly what the Adirondacks need to fully recover from decades of acid rain. The time has come for Congress to make a clear and unmistakable statement that coal-fired power plants must clean up their emissions from coast-to-coast," said Brian L. Houseal, Executive Director of the Adirondack Council, an environmental organization that has been a national leader in the fight against acid rain since 1975. "Lawsuits from power plants have tied the hands of air pollution regulators at the US Environmental Protection Agency, which had ordered deep cuts in acid rain, smog and soot. New regulations were delayed in court and ordered to be revised. Meanwhile, there is still no federal control standard for mercury emissions. By granting EPA specific authority to require these emissions reductions, the bill would end the legal challenges and put us on the road to recovery. We are very grateful to Congressman John McHugh for sponsoring this outstanding bill and want to see it passed as soon as possible."
"The Adirondack Mountain Club applauds Congressman McHugh for his persistent and courageous efforts in combating acid rain and air pollution that threatens the Adirondacks and other wild areas," said Neil Woodworth, Executive Director of the Adirondack Mountain Club. "Lots of people talk about cleaning up the environment, but Congressman McHugh is doing something about it. His legislation would sharply reduce emissions of mercury, sulfur dioxide and nitrogen oxides from the nation's coal-burning power plants."
Congressman McHugh's legislation would require a 75 percent cut in sulfur and nitrogen emissions from power plants by 2012 from 1997 levels and a 90 percent reduction in mercury emissions by 2013 from current levels. Building upon the Environmental Protection Agency's sulfur trading program, the Acid Rain and Mercury Control Act would allow power plants to use market-oriented mechanisms in order to comply with these new standards. Importantly, by setting a hard restriction on individual plant emissions, this legislation would prohibit mercury from being traded.
Sulfur and nitrogen emissions cause acid rain, which destroys forests, kills aquatic life, and poisons water. Additionally, scientific studies have identified a relationship between elevated levels of the fine particles that cause acid rain and increased illness and premature death from heart and lung disorders, such as asthma and bronchitis. Mercury emissions have been linked to neurological and kidney disorders, particularly in the development of fetuses.
Congressional action is needed immediately due to judicial activity in the past year. In July 2008, the U.S. Court of Appeals for the District of Columbia vacated the 2005 Clean Air Interstate Rule (CAIR), which called for a 70 percent reduction in sulfur dioxide emissions and a 60 percent reduction in nitrogen oxide emissions by 2015 from 28 Eastern States. Although the CAIR has been temporarily reinstated, the EPA has said it will take, at a minimum, two years or more for a final ruling. Additionally, in February 2008, the U.S. Court of Appeals for the District of Columbia vacated the Clean Air Mercury Rule (CAMR), which for the first time created a national mercury emissions regulation program. The CAMR called for a 70 percent reduction in mercury emissions from coal-fired power plants by 2018. This rule has not been reinstated, thus allowing mercury emissions to be completely unregulated at the Federal level.
Additionally, Congressman McHugh's Acid Rain and Mercury Control Act authorizes $13.6 million per Fiscal Year 2008 to Fiscal Year 2020 for operation of programs to monitor the effectiveness of the regulations and authorizes an additional $13.6 million for modernization funding. The proposal also requires the EPA to submit reports to Congress to identify objectives to protect sensitive regional ecosystems, including, but not limited to, the Adirondack, mid-Appalachian, Catskill, Rocky and Southern Blue Ridge Mountain Ranges and water bodies of the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay.