Clean Wisconsin and sporting groups serve DNR mercury petition

Keith Reopelle

On January 22, Clean Wisconsin, the Sierra Club, and numerous sport fishing organizations gave the Department of Natural Resources (DNR) a formal citizen petition requesting that the agency strengthen the regulations of mercury emissions for coal burning power plants. Groups that joined Clean Wisconsin on the petition included the Wisconsin Wildlife Federation, the Lakeshore Fisherman Sports Club, the Wisconsin Division of the Izaak Walton League, the Muskellunge Club of Wisconsin, and the Wisconsin Council of Sport Fishing Organizations.

Clean Wisconsin led the way on this issue in 2000 when we filed a similar petition asking to regulate mercury from coal plants for the first time. That petition resulted in Wisconsin’s current regulations, called NR 446, that require a 75 percent reduction of mercury emissions by 2015. Wisconsin was just the third state in the nation to regulate mercury emissions from coal burning power plants. Since then, the EPA developed federal rules requiring a 70 percent reduction by 2018 and allowing interstate trading of emissions credits, which means that utilities in Wisconsin can buy credits from utilities in other states rather than making reductions at their own power plants.

The DNR must revise their rules and there are two big unanswered questions: will they allow interstate trading of mercury credits (22 states have rejected that EPA program); and will they make our state’s regulations stronger by requiring a 90% reduction, or weaker, as they are proposing, by adopting the 70 percent reduction by 2018 as suggested by EPA?

Clean Wisconsin and the other petitioners are asking the DNR for a 90% reduction by 2012 with no trading allowed for several compelling reasons:

• Substantial new data and information on mercury control technology have become available since NR 446 was established in 2004 that support a significantly stronger regulation.
• NR 446 as promulgated and established in October of 2004 recognizes and anticipates the need for adjustments in the rule such as those requested in the citizen’s petition.
• The Federal Clean Air Mercury Rule (CAMR), requiring just 70% reductions by 2018, that DNR is considering adopting, was developed illegally.
• Substantial new data and information on the extent and degree of harmful health impacts to the citizens of Wisconsin have become available since NR 446 was established in 2004.

The DNR will be proposing a new mercury rule soon and will have scheduled public hearings to solicit public input. They will also take written comments. Please visit Clean Wisconsin’s website often (www.CleanWisconsin.org) to obtain public hearing dates and locations. If you are interested in becoming more involved in the mercury regulations, either these rules regulating power plants or the bill to phase mercury out of products, and would like more information on how to do that, please call me, Keith Reopelle, at (608) 251-7020 extension 11.