Press Release

August 26, 2004

Contacts: Vivian Stockman, 304-522-0246 or 304-360-1979, Tom Natan, 202-887-8828; John Stanton, 202-887-8821

Bush mercury rule fine print lets West Virginia power plants off the hook for toxic air pollution: new study

Mt. Storm power plant is nation's top emitter of arsenic and chromium

CHARLESTON, W. Va.-The Mount Storm Power Plant in Tucker County is the nation's top emitter of arsenic and chromium, according to a new Clear the Air study released today by the Huntington-based Ohio Valley Environmental Coalition (OVEC). The study found that West Virginia's coal-fired power plants are emitting tens of thousands of tons of toxic air pollution like arsenic and lead, and will be allowed to keep doing so thanks to a giveaway buried in the fine print of the controversial Bush administration "mercury rule."

The new Clear the Air Report, Beyond Mercury: Why the Bush Administration plan means more arsenic, lead, dioxin, and other toxic air pollution, looks at a major giveaway hidden in the fine print of the rule: in addition to allowing weak limits on mercury, the rule is written specifically so that it does not address more than 60 other power plant air toxics that threaten public health. (See the report here - pdf) 

"Many already know that Bush administration proposal on mercury, which was virtually written by coal industry political campaigns donors, fails to protect infants from the dangers of mercury," said Vivian Stockman, project coordinator for OVEC. "This report shows us that mercury is just the tip of the iceberg. West Virginia's power plants are emitting tens of thousands of tons of lead, arsenic and other hazardous air pollutants. The Bush plan would ignore the Clean Air Act by keeping all these other extremely harmful substances completely unregulated."

The Bush mercury rule has already caused controversy in West Virginia and throughout the country because it is weaker and would take longer to reduce toxic mercury emissions than if the Clean Air Act was simply enforced as written. (See Excerpts of State & Local Government Comments Criticizing U.S. EPA’s Proposal to NOT Regulate Utility Air Toxics Other Than Mercury) 

However, clean air advocates charge that buried in legalese of the proposed rule is a "slight of hand" with the way mercury is considered under the Clean Air Act, which has repercussions for other emissions. The Bush plan takes the unusual step of treating mercury less stringently than has historically been the case for toxic emissions, apparently so that power companies can "trade" the right to pollute. However, if finalized, this change would also let power plants continue to avoid controls for dozens of other toxic air pollutants.

The report includes specific information about emissions of toxic chemicals that should be controlled, but aren't. West Virginia power plants emit:

• 13,146 pounds of toxic arsenic;
• 11,511 pounds of lead, which is extremely dangerous even at low doses;
• 60,035,581 pounds of acid gases and 51,284 pounds of chromium, which can cause damage to the respiratory tract,
• and 8.68 grams of dioxin, which is a potent carcinogen even in very small amounts.

(See the Air Toxics Fact Sheet )

"It's outrageous that the Bush administration intends to ignore the requirements of the Clean Air Act and instead allow coal-fired power plants to continue emitting tons of dangerous chemicals into the air every year, especially since we have the technology to greatly reduce these health-threatening emissions," Stockman said. "We just don't seem to have the political will, even though the Clean Air Act is law. The Whitehouse should follow the law and protect public health."

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