October 18, 2004
AMERICAN LUNG ASSOCIATION OF NEW YORK STATE
ENVIRONMENTAL ADVOCATES OF NEW YORK
NEW YORK PUBLIC INTEREST RESEARCH GROUP
SIERRA CLUB—ATLANTIC CHAPTER

Groups Ask Governor to Stand Up To Big Energy and Stand Up For Kids Health

(Albany) – Commemorating the fifth anniversary of Governor Pataki’s announcement to rein in the precursors to acid rain, health and environmental groups called on Governor Pataki to modernize the state’s efforts to reduce power plant pollution. The groups called on the Governor to enact deeper cuts in acid rain-related emissions and to cap and reduce greenhouse gases and mercury that power plants also emit. To underscore their concern, the groups used a photo essay that tracked the milestones in a child’s life to symbolize the growth and development that has taken place since the Governor’s announcement all the while the polluters continue to pump out unhealthful emissions.

“We are asking Governor Pataki to put public health before polluter profits,” said Peter Iwanowicz, Director of Environmental Health for the American Lung Association of New York State. “The pollution belched by power plants causes some 1,800 deaths, 1,200 respiratory hospitalizations and 37,000 asthma attacks in New York each year.”

Since the Governor announced his plan (October 14, 1999), new reports have been published demonstrating the relationship between power plant air emissions and premature death, lung cancer and heart attacks, and new science has been brought forth that underscores the need for even deeper cuts in the pollutants that cause acid rain.

The groups are urging the Governor to add mercury because of all that has happened since his 1999 announcement. In March, the U.S. Environmental Protection Agency estimated that 630,000 babies are born every year exposed to enough mercury in utero to impair their ability to walk, talk and learn. The number of water bodies contaminated with mercury continues to rise in the state. In February 2002, Governor Pataki promised to take care of the issue if the federal government failed. The EPA also proposed highly controversial program for mercury from power plants, which the DEC called illegal and inadequate in its official comments. Power plants are the only major unregulated source of mercury pollution and consequently the largest.

“We know that most of the mercury contaminating New York is from 50-500 miles away, proving that an instate limit will protect New Yorker’s,” said Jason K. Babbie, Environmental Policy Analyst for the New York Public Interest Research Group. “This fact coupled with Governor Pataki’s promise and the serious public health impact is all New York should need to expand the DEC’s regulations to include mercury: not doing so now jeopardizes New York’s future.”

Christine Vanderlan of Environmental Advocates of New York stated, "If Governor Pataki is serious about combating global warming, he needs to cap carbon dioxide emissions from power plants. Global warming is a significant problem, and power plants are the biggest single sources of the pollution that causes it."

“The rapid, significant increase in the number of water bodies containing fish with harmful levels of mercury in their flesh should be viewed as a public health emergency. Given the level of threat posed by ingestion of contaminated fish, New York State should adopt regulations to limit mercury emissions from New York’s power plants and push for tight federal regulation of these emissions,” said John Stouffer Legislative Director for Sierra Club – Atlantic Chapter.

The Department of Environmental Conservation (DEC) is currently soliciting comments on the Governor’s two-pollutant approach. These regulations are a re-issued version of the ones that a State Supreme Court judge invalidated in May. The original regulatory package, first adopted in 2003 was challenged by industry. Since they were partially invalidated on a technical/procedural grounds, the DEC adopted the old rules as an emergency regulation in August and has commenced a proceeding to adopt the limits as a permanent rule.

The groups are urging the public to contact the DEC and ask them to better protect our children’s health and the environment by enacting limits on all four major air pollutants from power plants. The DEC held four hearings across New York State last week, where there was a strong show of support for the more comprehensive controls. The public comment period on the governor’s proposal ends on 5:00 p.m. on October 22, 2004. Anyone can submit their comments to Michael P. Sheehan, P.E. NYSDEC Division of Air Resources, 625 Broadway Albany NY 12233-3255 (518) 402-8396 or via E-mail to: mpsheeha@gw.dec.state.ny.us.

The groups are urging the Department of Environmental Conservation to change the following components before pending “acid rain regulations” are finalized:

Sulfur dioxide (draft of part 238):

• Cut should be an additional 25% more than proposed;
• Reductions should not qualify as surplus under federal rules;
• Reductions should be fuel neutral and based on electric output—we suggest a standard of 3 lbs of SO2 per megawatt hour or electricity produced; and,
• All reduction should occur within state;

Nitrogen Oxides (draft of part 237): maintain existing cut levels and timing

Carbon Dioxide (CO2): Establish a limit in carbon dioxide emissions from power plants at least 30% below 1990 levels in the short term, and to institute the stricter pollution limits needed to mitigate New York's contribution to global warming in the long run.

Mercury: add a section to reduce power plant mercury emissions by 90% from current levels.