Clean Air News

As the new home of NMPIRG's environmental work, Environment New Mexico can be contacted with any questions regarding this news release.

ALBUQUERQUE—As the Senate prepares to vote on whether to overturn an EPA rule on power plant mercury emissions; a new New Mexico Public Interest Research Group (NMPIRG) report shows that San Juan County in New Mexico has the 5th highest power plant mercury emissions out of the top 100 emitters in the country.

The report—"Made in the U.S.A."—identifies which states and localities nationwide have the most mercury emissions from power plants and which power plants emit the most mercury. In 2003, power plants in the U.S. emitted more than 90,000 pounds of mercury into the air.

“More and more mercury is being deposited into our lakes and rivers every day from power plants,” said NMPIRG Environmental Associate Matthew McGee. “Scientists in Wisconsin have found that just a gram of mercury, about a drop, deposited over the course of a year was enough to contaminate the fish in an area lake.”
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.

“Mercury can form a number of different organic compounds. That’s what makes it so dangerous, particularly to our nervous system and kidneys. A chief source of concern is through water contamination, causing bioconcentration in fish. The unborn child is particularly susceptible even if the mother shows no sign of toxicity,” said Jim Tryon, M.D. President-elect of the New Mexico Medical Society.

EPA scientists estimate that one in six women has enough mercury in her body to put her child at risk should she become pregnant. Studies also indicate that mercury exposure is associated with an increased risk of heart attacks in adults.

Power plants are the largest industrial source of U.S. mercury emissions. EPA data show that about one-third of the mercury deposited in the U.S. comes from U.S. power plants alone, and deposition can be much higher near individual plants, since local sources can account for 50-80 percent of mercury deposition at hot spots. Mercury pollution is so pervasive that 44 states have posted mercury-related fish consumption advisories, half of the states for every lake or river. In New Mexico, mercury-related fish consumption advisories cover 26 different lakes equaling 29,519 acres and 93 miles of rivers in the state. These advisories warn people to avoid or limit their consumption of certain types of fish.

“In New Mexico, nobody should have to throw a fish back in the water because it’s too toxic for them to eat--but we've got consumption advisories on 31 waters. There is a clear and available solution to start fixing this problem and it’s high time to do something,” said Jeremy Vesbach Director of the New Mexico Wildlife Federation.

NMPIRG’s “Made in the U.S.A.” uses 2003 data from EPA’s Toxics Release Inventory, the most recent available, to rank power plant mercury emissions by state, county, zip code, facility, and company. Key findings include:

• NM ranked 5th in the country for counties with highest power plant mercury emissions.
• San Juan County led the state in power plant mercury emissions, with 1308 pounds emitted from just two power plants.
• San Juan Generating Station, owned by PNM Resources, was the largest power plant mercury emitter in the state, with 681 pounds in 2003.
• The other plant, also in San Juan County, the Four Corners Steam Electric Station, owned by Pinnacle West Capital Corp, emitted 627 pounds of mercury in 2003.
• The most polluting 15 companies in the U.S. emitted more than 48,000 pounds of mercury in 2003, 54% of power plant mercury emissions nationwide.

Under the Clean Air Act, sources of hazardous air pollutants, including mercury, are required to install pollution control technology to reduce these toxic emissions by the maximum achievable amount. EPA acknowledged in 2001 that compliance with the law would require reducing power plant mercury emissions by about 90 percent.

In March 2005, however, the EPA issued regulations that allow power plants to avoid the Clean Air Act’s maximum achievable control technology (MACT) requirement. One of these rules, the “delisting rule,” removed power plants from the list of sources subject to MACT standards. This paved the way for a second, industry-favored “cap-and-trade rule” that allows power plants to buy and trade the right to pollute and delays even modest mercury reductions until at least 2018.

“The EPA is essentially saying that mercury from power plants isn’t toxic,” McGee said. “That not only defies law and logic, but it’s outrageous and it completely contradicts what the EPA has stated in the past.”

At least some utilities are taking steps to reduce these harmful emissions. The PNM owned San Juan Generating Station in northern New Mexico for example has agreed as of March 2005 to install equipment at its plant to reduce emissions, including toxic mercury by some 80 percent. “PNM should be commended in taking this action and in showing what is achievable by other electric utilities throughout the country,” said McGee.

At least 16 states have challenged one or both of the rules in court or have petitioned EPA for reconsideration of the delisting rule. Moreover, in June, Senators Patrick Leahy (D-VT) and Susan Collins (R-ME) introduced a bipartisan joint resolution against the delisting rule pursuant to the Congressional Review Act, a law that enables Congress to disapprove of federal agency rules using special, expedited procedures. Disapproval of a rule voids the rule, meaning it has no effect. A vote is expected in early September, after the Senate returns from its August recess.

“We urge Senators Bingaman and Domenici to take action to protect public health by supporting the Leahy-Collins resolution,” Matthew McGee said. “It is long past time for power plants to comply with the law and join other industries in reducing their mercury pollution by 90 percent.”