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Newest Research on Effects of Mercury Underscores Importance of Utility MACT

As EPA’s long-awaited rule curbing mercury emissions from coal-fired power plants heads to OMB for its review, new scientific studies suggest that the harms of mercury contamination may be more severe and more widespread than previously understood. According to the report Great Lakes Mercury Connections: The Extent and Effects of Mercury Pollution in the Great Lakes Region, released October 11, “the scope and intensity of the problem is greater than had been previously recognized.”  Despite these harms, utilities have been relentless in their efforts to derail mercury regulation.   (The most recent attempts of this industry and its allies in 25 states to prop up the recalcitrant “old dirties” that still hope to avoid reducing their mercury emissions is discussed by my colleague Rena Steinzor.) These ongoing efforts to undermine protection of human and ecological health are unconscionable. The release of this recent collection of scientific data only underscores this point.    

The Great Lakes Mercury Connections report summarizes the findings of 35 new scientific papers that are the result of an ambitious multi-disciplinary effort to enlarge understanding about the impacts of mercury contamination in the Great Lakes region. According to the report, regulatory controls on the sources of mercury pollution, namely discharges to the water and emissions to the air, “have resulted in substantial progress, but have not yet addressed the full scope of the problem.” Importantly, the report concludes that mercury concentrations “still exceed human and ecological risk thresholds” throughout the Great Lakes region.

Mercury emitted to the air from coal-fired power plants gets deposited to surrounding land and waters; ultimately, it makes its way into the food web, including fish tissue, in the form of methylmercury. In terms of human health, methylmercury is well-recognized as a potent neurotoxin. Exposure to even small amounts of methylmercury in utero or during childhood can lead to irreversible neurological damage, placing the developing fetus and children at particular risk. Because fish consumption is the primary route of human exposure to methylmercury, those who depend on fish for food are at the greatest risk from mercury contamination. The report confirms that fish – ordinarily a healthful source of food – remain contaminated at levels of concern in the Great Lakes region:

“Average mercury concentrations in six commonly eaten fish species were above the U.S. EPA human health criterion (0.30 ppm) in 61 percent of the study grid cells. All study grid cells exceeded the Great Lakes Fish Advisory Workgroup recommended threshold for unrestricted consumption of fish by sensitive populations (0.05 ppm).”

In fact, mercury contamination does not burden everyone equally – among the most exposed are low-income fishers, Asian-Americans and Pacific Islanders, and members of the various fishing tribes.  In a recent national study of women of childbearing age, whereas 15.3% of self-identified “White” women of childbearing age had blood mercury levels above the level deemed safe by EPA, this figure more than doubles, to 31.5%, for women who identified themselves as “other” – a category composed primarily of Native Americans, Pacific Islanders, those of “Asian origin,” and those of “mixed race.”. Moreover, many American Indian tribes in the Great Lakes and elsewhere have rights to fish, including rights protected by treaties and other agreements with the United States. These rights secure the tribes’ continued ability to catch and consume fish – practices with cultural, spiritual, social, economic, and political dimensions.  

In terms of ecological health, mercury’s harms are felt throughout the food web.  The impacts on piscivorous species such as loons, kingfishers, eagles, and mink have been highlighted in the past, and the report amplifies earlier findings.  Among other things, the studies gathered in the report document a substantial increase in the number of species that harbor mercury at levels of concern. “For example, over the past two decades the number of bird species cited in the scientific literature as adversely affected by mercury has increased by a factor of six.” Moreover, “during recent decades, research on the toxicological impacts of mercury pollution has demonstrated that effects on fish and wildlife occur at lower mercury concentrations than previously reported.” 

Of particular note is a finding that several piscivorous fish species have mercury body burdens at levels that threaten their reproductive success and survival. While scientists had previously been aware of mercury’s negative impacts on other piscivorous species’ behavior and reproductive success, data had existed mainly for birds and mammals. However, as part of this series of studies in the Great Lakes, scientists documented mercury levels in walleye, smallmouth bass, and largemouth bass that potentially imperil the fish themselves. Based on more than 43,000 measurements of mercury in fish from over 2000 locations, scientists found levels of mercury that exceeded threshold-effect tissue concentrations at 8% (largemouth bass) to 43% (walleye) of sites. Moreover, at 3% to 18% of sites, respectively, these fish harbored mercury at levels “where an alteration in reproduction or survival is predicted to occur.” 

While these harms are registered throughout the food web, there are again unique impacts to the fishing tribes in the Great Lakes. As the tribes have explained in formal efforts to urge more ambitious mercury regulation, tribal health and well-being is tied to the health of tribal homelands. In comments to the EPA, for example, the Minnesota Chippewa Tribe noted mercury’s impacts on loons and mink, and stated “these animals are a value to the ecosystem they inhabit and they are clan symbols for tribal members. If these animals are threatened, tribal culture is threatened.” And walleye, smallmouth bass, and largemouth bass are vital to tribal fisheries. Threats to the reproductive success of these fish species have the potential to undermine tribal rights, including treaty-secured rights. 

In short, the harms of mercury contamination are serious and widespread, with repercussions for human and ecological health across a broad swath of species and environments. The harms visited on the fishing tribes of the Great Lakes and elsewhere are especially grave. Against this backdrop, that we are still waiting on meaningful federal regulation of mercury emissions from coal-fired power plants is our collective disgrace.

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Catherine O'Neill | October 28, 2011

Newest Research on Effects of Mercury Underscores Importance of Utility MACT

As EPA’s long-awaited rule curbing mercury emissions from coal-fired power plants heads to OMB for its review, new scientific studies suggest that the harms of mercury contamination may be more severe and more widespread than previously understood. According to the report Great Lakes Mercury Connections: The Extent and Effects of Mercury Pollution in the Great Lakes Region, […]

Frank Ackerman | October 27, 2011

Rep. Ralph Hall’s Clean Energy Standard Is Unrealistically Harsh And Unsophisticated

Cross-posted from ThinkProgress Green. Rep. Ralph Hall (R-TX) has asked the Energy Information Administration to evaluate an unrealistically harsh and unsophisticated clean energy standard, designed to represent the Republicans’ worst nightmare: every electricity retailer in the country (some of them quite small) must meet a relatively high and rising standard for low-carbon energy, starting very […]

Daniel Farber | October 26, 2011

If Cost-Benefit Analysis is Good, Is More Cost-Benefit Analysis Always Better?

Cross-posted from Legal Planet. Of course, not everyone agrees that CBA is good in the first place.  It remains anathema to many environmentalists.  My own view is that it can be a useful tool so long as its limitations are clearly understood. But just because something is good doesn’t mean that more is better.  My […]

Ben Somberg | October 25, 2011

Sidney Shapiro Testifying at House Judiciary Hearing on Regulatory Accountability Act

If you were an industry lobbyist working to block new health and safety protections, what would make your job easier? How about if the law said that you could flood an agency with alternate regulatory proposals, and the agency wouldn’t just need to consider each one, but in fact conduct a full cost-benefit analysis on […]

Yee Huang | October 21, 2011

New CPR Briefing Paper: Maryland Should Update Laws to Better Enforce Environmental Protections

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny, says a CPR briefing paper released today. For example, the Maryland Department of the Environment (MDE) cannot by law assess fees for issuing and administering permits for municipalities for water pollution, […]

Yee Huang | October 20, 2011

CPR to Co-Host Forum on Chesapeake Bay Restoration Accountability

It’s no secret that past efforts to restore the Chesapeake Bay have suffered from a lack of accountability. And so as the EPA, the Chesapeake Bay states, and the District of Columbia engage in their current effort to restore the health and water quality of the Bay, getting accountability right is extremely important. This theme […]

Rena Steinzor | October 19, 2011

Too Big to Rein in, BP Continues Galloping Along, Unbridled and Unrepentant

In perhaps the most profoundly embarrassing development yet for the U.S. government’s star-crossed efforts to police offshore drilling, the Interior Department’s Bureau of Safety and Environmental Enforcement announced last week that it was asking BP, Transocean, and Halliburton to pay a total of up to $45.7 million in fines for 15 violations arising out of […]

Rena Steinzor | October 18, 2011

Executive Order 13,563: Not Just Costs, Not Just Benefits, But Cumulative Costs and Benefits

Proving the old adage that you must be careful what you wish for, conservative officials in 25 states have done their best to hoist the Obama Administration on its own petard by running off to court to oppose the EPA rule that would curb toxic emissions from power plants. They argue, among other things, that the […]

Rena Steinzor | October 17, 2011

House Votes to Give Coal Ash Dumps a Free Pass; President Stops Short of Veto Threat

The residents of Kingston, Tennessee had no inkling that the Christmas of 2008 would be any different than another year. In the wee morning hours three days before the holiday, an earthen dam holding back a 40-acre surface impoundment at a Tennessee Valley Authority (TVA) power plant burst, releasing 1 billion gallons of inky coal ash […]