July 13, 2004
Environmental Advocates Of New York
New York Public Interest Research Group

More Fish in New York's Waters Contaminated by Mercury
Groups push for stringent power plant emissions standards

Last Friday the New York State Department of Health released the 2004-2005 Health Advisories, Chemicals in Sportfish and Game. In this year's report, 17 of the 18 additions to the Health Advisory were due to mercury contamination: 11 advisories apply to newly listed water bodies and six add new fish species to bodies of water with an existing advisory for mercury. Many of the water bodies were either in the Adirondacks or in New York City drinking water reservoir system.

Currently, 50 bodies of water in New York State have been tested and found to have fish populations that are unsafe to eat because of mercury poisoning. In addition the Health Advisory also warns, "Special health advice for women of childbearing age and children under the age of 15 to EAT NO sportfish applies to any water body where specific advisories have been issued." Fishing season starts April 1 for certain species.

"This is quite a jump in the number of tested water bodies where the fish are unsafe to eat because of mercury contamination, but it is not necessarily surprising considering the barrage of mercury pollution from power plants that falls on New York," said Jason K. Babbie, New York Public Interest Group's Environmental Policy Analyst. "New York needs the strictest possible mercury pollution standard for power plants, but that is far from what the EPA proposing," added Babbie.

The U.S. Environmental Protection Agency (EPA) has proposed a rule for mercury pollution from power plants. The agency's preferred option would require the industry reduce pollution by 70% by 2018, while allowing certain facilities to avoid reducing mercury by buying pollution credits. However, in December 2001, EPA staff told industry that a 90% reduction could be achieved at every plant by 2008.

“Old, coal-burning facilities in New York and others in the Midwest are the cause of the problem. Yet EPA is proposing to let these plants off the hook for another decade,” said Christine Vanderlan, Energy Program Associate with Environmental Advocates of New York. “New Yorkers should not be left exposed to greater contamination.”

The NYPIRG report, Polluting Our Future, (available at http://www.nypirg.org/energy/pollutingourfuture.pdf) released in May 2004, compiled existing data to examine the impacts of the EPA’s proposed mercury plan on New York. The report found that:

• New York has a serious mercury contamination problem;
• Instate and upwind power plants have to significantly reduce mercury to mitigate the problem;
• EPA’s preferred pollution control tactic, allowing certain facilities to avoid reducing mercury by buying pollution credits, unfairly burdens New York;
• EPA’s proposal does not require the 90% reductions that can be achieved;
• EPA's rule uses industry language; and
• The monetized benefits of reducing mercury far outweigh the costs of compliance (16:1).

Comments by Democrat and Republican politicians from across the county have echoed the concerns over allowing facilities to buy pollution credits to avoid reducing pollution, the weakness of the cut level and timeframe for implementation. In New York, members from both parties in the House Representatives, State Assembly and State Senate sent in letters to EPA Administrator Michael Leavitt. In addition, Attorney General Spitzer and Governor Pataki submitted strong comments on the agency's proposal.

The week prior to the release of the Health Advisories, the EPA closed the public comment period for a proposed rule on mercury from power plants.

"With the public comment period closed, it is now up to New York's highest elected officials to personally weigh in with the Bush Administration," said Babbie. "Now our elected representatives in Congress and the Governor must represent New York's interests and let the administration know that the EPA's proposed mercury plan could actually hurt New York," concluded Babbie.

List of New Water Bodies with Health Advisories due to Mercury Contamination

• Effley Falls Reservoir (Lewis County)
• Forked Lake (Hamilton County)
• Goodyear Lake (Otsego County
• Lake Eaton (Hamilton County)
• North Lake (Herkimer County)
• Polliwog Pond (Franklin County)
• Rock Pond and Lake Durant (Hamilton County)
• Sand Lake (Hamilton County)
• Soft Maple Dam Pond (Lewis County)
• South Pond (Hamilton County)
• Willis Lake (Hamilton County)

List of Water Bodies with Expanded Health Advisories due to Mercury Contamination

• Neverskink Reservoir (Sullivan County)
• Pepacton Reservoir (Delaware County)
• Schoharie Reservoir (Delaware, Greene, Schoharie Counties)
• Soft Maple Reservoir (Lewis County)
• Tupper Lake (Franklin & St. Lawrence Counties)