February 3, 2005

Environmental Advocates of New York
National Wildlife Federation
New York Public Interest Research Group

Report Card Shows New York Falling Short in Preventing Mercury Pollution and Exposure
More Action Needed on Power Plants, Products, and Health Advisories

ALBANY, NY (February 3) New York receives mediocre grades for its efforts to reduce mercury pollution and exposure that is harmful to people and to wildlife, according to a new report, Mercury in the Mid-Atlantic: Are States Meeting the Challenge?. Released jointly by the National Wildlife Federation , Environmental Advocates of New York, and the New York Public Interest Research Group (NYPIRG), the report gives the state a grade of “D+” for its control of mercury air emissions and a “D” for its efforts to protect the public from harmful mercury exposure. New York State is graded in seven categories, with an overall score of “C.”

Despite passing a landmark mercury labeling bill last year that requires proper identification and handling of the toxic metal, and banning mercury products in schools, New York State still has a long way to go to protect its citizens and environment from mercury poisoning, according to the report.

“New York’s lack of adequate action today to fully phase-out mercury use and reduce exposure means leaving future generations of children and wildlife vulnerable to mercury’s toxic effects for decades to come,” says Olivia Campbell, National Campaign Coordinator for the National Wildlife Federation’s (NWF) Clean the Rain Campaign. In February 2002, Governor Pataki promised New Yorkers that he would deal with mercury emissions from power plants if the federal government did not take action. “It is clear that the U.S. Environmental Protection Agency does not intend to take meaningful action to address the largest source of mercury emissions in the country, so it is up to our state governments to protect people and wildlife from toxic mercury pollution by calling on the power companies to invest in affordable modern pollution control technology and reduce their pollution by the maximum extent possible. Governor Pataki needs to follow through on his promise to New Yorkers.” says Campbell.

The groups also criticize the breadth and timeliness of New York’s health advisory system for mercury and other toxins in fish. They point to the fact that New York only tests fish in a handful of the state’s water bodies, and health advisories are routinely released well after the start of the fishing season for affected species. The state released the 2004-2005 Health Advisories in July, including 51 water bodies with mercury contamination advisories for trout, walleye or bass, but those fishing seasons started in April, May and June respectively. The groups urge the state to conduct more comprehensive testing and release the advisories by the start of the trout season, April 1st.

“In addition to eliminating the pollution in the first place, the state has an obligation to properly notify the public of where fish are safe to eat, but that is not what is currently happening,” says Jason K. Babbie, environmental policy analyst for the New York Public Interest Research Group (NYPIRG). “Families could be eating fish they thought were safe, but were in fact endangering their health due to inadequate health advisories.”

According to the report, New York has made some progress toward reducing mercury pollution but significantly more must be done. The state got its highest grade (B+) in the category of phasing-out the sale, use, and disposal of mercury, recognizing the mercury labeling legislation that passed last year, and earlier legislation to require recycling of dental amalgam. In addition to addressing pollution from power plants and improving public health advisories, the groups call on New York to build on its previous leadership in addressing mercury-containing products by banning the sale of mercury thermostats. “New York’s progress in addressing mercury pollution – and its hazards throughout the state – has been spotty,” says David Higby, Environmental Advocates’ Great Lakes Project Director. “We need more comprehensive and more consistent effort from all levels of government to move our state policy as quickly as possible to zero tolerance for mercury in our environment.”

“New York has taken several positive steps to reduce mercury in consumer products and keep it from entering the waste stream,” says Laura Haight, NYPIRG’s Senior Environmental Associate. “The state can boost its score further by banning the sale of other products containing mercury, such as thermostats, electrical switches, and measuring devices. There are many mercury-free alternatives to these products on the market.” New York’s efforts to date were analyzed along with those of Delaware, New Jersey, Maryland, and Pennsylvania. Throughout the region, states have taken a piecemeal approach to this issue, only addressing limited aspects of the problem. New Jersey, for example, is the only state to control air emissions of mercury from coal-fired power plants – the largest source of mercury air pollution in the country. New York has taken the most aggressive action in the region to control mercury releases from consumer products, as well as from dental offices. The groups call on New York, and all states in the Mid-Atlantic, to take action to comprehensively address mercury pollution and exposure.

“New York is lagging behind other states in the mid-Atlantic region. If New York were a student, its report card would be a disaster. We urge the Governor and the legislature to step up efforts to reduce the threat of mercury to our children and wildlife.” says Campbell.

“New Yorkers expect their elected officials to achieve high grades across the spectrum of sources of mercury contamination. When it comes to protecting the health of our citizens and the environment, we cannot accept anything less,” says Higby. For the full analysis of Mid-Atlantic states’ progress in addressing mercury pollution and exposure, including all grades for all states, see Mercury in the Mid-Atlantic: Are States Meeting the Challenge? online at www.nwf.org/news or www.eany.org/reports/mercury.pdf.