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For Immediate Release:
2006-11-02
For More Information:
Contact Max Muller
(312) 291-0696

State Board Adopts Historic Cuts in Mercury Pollution

CHICAGO—In a major victory for children's health and the environment, the Illinois Pollution Control Board voted unanimously today to reduce coal-fired power plants' toxic mercury pollution by up to 90 percent. Barring a legislative oversight committee's veto, Illinois will join the short list of states to protect public health by requiring coal-fired power plants to reduce mercury pollution to the maximum extent practical with existing technology. 

“The Illinois mercury rule will do what federal regulators wouldn’t: put children’s health first. With this rule we not only get among the most protective mercury rules in the country, but also up front reductions in soot and smog-forming emissions,” said Max Muller, Environmental Advocate at Environment Illinois. “This rule makes it clear that risking the health of our children is not an acceptable cost of doing business in Illinois.”

Illinois's twenty-one coal-fired power plants emit 71 percent of in-state mercury pollution, a potent neurotoxin that can harm human cognition and fetal development. Available technologies—or optimizing pollution control equipment already in place—can capture 90 percent of mercury pollution before it leaves the smokestack. Today's rule will require nearly every coal-fired power plant in Illinois to install and operates these technologies by 2009.

Eating tainted fish is the dominant route of human exposure to mercury. When power plant mercury lands in waterways, bacteria convert it to methylmercury, a potent neurotoxin which accumulates in fish. In April, Environment Illinois issued a report finding that the average Illinois sport fish tested in 36 Illinois counties, 66 individual lakes and streams, and 16 fish species exceeded the U.S. EPA safe limit for a woman of average weight who eats fish twice per week. The Illinois Department of Health warns women and children to limit their consumption of fish from all Illinois waters.

Methylmercury can permanently damage the human heart, brain, and immune system. When a pregnant mother eats contaminated fish, methylmercury crosses the placenta and can cause irreparable damage to the developing fetus's central nervous system, resulting in developmental delays, motor, memory, and attention problems, and decreased IQ. Nationally, U.S. EPA researchers estimate that up to one in six potential mothers—including over 100,000 women in Illinois—has high enough blood-mercury levels to put a fetus at risk.

“The American Heart Association tells us to eat fish twice a week for the omega-3 fatty acids, but Illinois families can’t follow that advice with local sport fish, because if they do, they’ll likely exceed the U.S. EPA safe dose of mercury,” said advocate Max Muller. “But studies indicate that if we cut mercury pollution locally, we can expect rapid decreases in fish mercury levels. That’s why the mercury rule is so important."

For years, power plant owners have resisted investing in mercury control technology. This August, with mounting public support for the mercury rule, Ameren and Dynegy power companies agreed to support the rule with the addition of a new, multi-pollutant provision. Under that alternative provision, utilities must install mercury controls on 96 percent of their generating capacity by 2009. In exchange for extra time at the remaining 4 percent, they also commit to significant investments to cut lung-harming soot and smog pollution.

"One by one the power plant owners realized that it's not that difficult to clean up mercury pollution," said Rebecca Stanfield, director of Environment Illinois. "They're finding it's affordable to protect public health and stay in business."

Illinois EPA estimates the cost of facility upgrades to comply with the rule's mercury provisions at less than one percent of one year's utility industry revenues.

The only major coal-power generator left opposing the mercury rule is Midwest Generation, which owns seven plants in Illinois, including five in the Chicago metro area, and which is Illinois's single worst mercury polluter.

Rulemaking on the Illinois Mercury Rule, proposed by Governor Blagojevich in January, began in March when Illinois EPA submitted a draft rule to IPCB for consideration. Based on public comment and experts' sworn testimony, the IPCB voted today to adopt Illinois EPA's proposal. The Legislature's Joint Committee on Administrative Rules (JCAR), a bipartisan oversight committee will also review the rule—likely at its next meeting on November 14th—but the rule will become law unless two-thirds of the committee's twelve members vote to prohibit it.

"Illinois EPA should be proud of the strong technical case it made to show that these mercury reductions are feasible, affordable and will benefit public health," said Keith Harley, Director of the Chicago Environmental Law Clinic. "The Pollution Control Board's evaluation is rigorous; its unanimous vote means the rule clearly meets muster."

"We know that Midwest Generation is lobbying against mercury reductions, but we are confident that politics won't trump public health when the JCAR legislators cast their votes. Adopting this rule is the right thing to do," said Muller.

The Illinois Mercury Rule is Illinois's response to a federal mercury rule which is currently being implemented and is widely regarded as insufficient due to its long phase-in and high mercury emissions caps. The Congressional Research Service estimates that the federal rule won’t meet its modest reduction targets until 2030 and even then, mercury pollution would be three times greater than under the Illinois plan which would achieve nearly a 90 percent reduction by 2009.

Environment Illinois is a non-profit, non-partisan environmental advocacy group representing 20,000 members across Illinois. In the Summer of 2004, we launched our campaign urging Illinois policy makers to implement a mercury reduction policy more stringent than the federal mercury rule. Throughout our campaign we briefed media and policy makers on the health threats of mercury pollution and the availability of solutions. We also researched and wrote two reports documenting the extent and severity of mercury pollution in Illinois. In May 2006, our staff delivered 5,900 postcards and letters from our members and supporters to the Illinois Pollution Control Board, which received more public comment on this rule than for any other in memory. For more information visit www.EnvironmentIllinois.org.