March 26, 2003

Statement of Christine Vanderlan, Energy Program Associate, Environmental Advocates of New York on New York's New Acid Rain Rules

"The final rules announced by the DEC today for cutting pollution of nitrogen oxides and sulfur dioxide will mean cleaner air for New Yorkers, but we are only halfway there. To fully protect public health and the environment from the harmful pollution caused by power plants, the Governor should cap emissions of carbon dioxide, the main cause of global warming, and control the release of toxic mercury."

The final regulations will cut emissions of sulfur oxide (SO2) from New York's power plants 50% below the levels required by the federal Clean Air Act and will extend the current summer nitrogen oxides (NOx) program to year-round. A power plant cleanup program addressing SO2, NOx, carbon dioxide and mercury simultaneously would protect against the full range of power plant hazards to public health and the environment, avoid the excess costs associated with sequential regulatory approaches and give power generators the certainty and regulatory stability they desire.

Environmental Advocates of New York advocated for a comprehensive approach, however, the regulations fall short of the following measures:

• A second phase reduction in SO2 emissions to 75% below Clean Air Act requirements to adequately address acid rain and the public health threat of particulate matter.
• A fuel-neutral, output based standard for distributing the emission allowances, which would put newer, cleaner power plants on an even footing with older fossil fuel plants.
• A cap on power plant emissions of carbon dioxide to help reduce global warming. This is the single most important step New York could take toward solving this critical threat.
• Requirements that power plants control mercury emissions. Power plants are the largest unregulated source of mercury contamination.

None of these four measures were included in the final regulations. While the Governor has committed to make the state a leader on global warming, a specific plan has yet to be released.