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. U.S. Senator
McCain supported the resolution, but U.S. Senator Kyl did not.
“The Bush administration’s rule is
harmful and contrary to common sense,” said Brad Johnson, representative of the
Arizona Public Interest Research Group (Arizona PIRG). “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 U.S. Senator McCain for
working to protect our children’s health,” Johnson said. “We are disappointed that U.S. Senator Kyl
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.”
The resolution, sponsored by U.S. 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. Arizona
has mercury-related fish consumption advisories covering 3,504 acres of lakes
in the state.
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,” Johnson 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.”
