Reducing Mercury Pollution: Citizen Petition

Hunters, fishers, doctors, and others join Clean Wisconsin citizen petition for stronger mercury regulations on power plants

Keith Reopelle

Clean Wisconsin has again banded together with sport fishing and hunting groups, health professionals, children’s advocates and other stakeholders to push for stronger controls of mercury released by coal burning power plants.  Clean Wisconsin has researched, written, distributed and served the Natural Resources Board with a citizen’s petition asking for a 90 percent reduction of mercury emissions by 2012.  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 our current regulations that require a 75 percent reduction of mercury emissions by 2015.   But a lot has changed since Wisconsin’s regulations, NR 446, were established in 2004 (see the cover story in the last issue of The Defender for more details in how Wisconsin went from leader to laggard on mercury controls). 

Our 30 page petition to the DNR outlines many compelling reasons why Wisconsin should strengthen our mercury regulations, including:

• 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. While early tests suggested that mercury from Wisconsin power plants might be difficult and more costly to control, more recent tests on several plants, including a couple in Wisconsin, have demonstrated 90 percent or greater reductions at low costs.

• NR 446 as promulgated and established in November of 2004 recognizes and anticipates the need for adjustments in rule such as those requested in this petition.  There is language in the current regulations that says the DNR must review the latest research and technology developments and make recommendations for on the appropriate control levels.

• NR 446, as promulgated and established in October 2004, requires adoption of a federal standard that was developed illegally.  The existing regulations state that Wisconsin’s rules should have similar requirements to federal regulations (established about six years after Wisconsin’s regulations).  However, 15 states, including Wisconsin, have filed a lawsuit against EPA because their regulations were developed in violation of the Clean Air Act which requires stricter controls.

• 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.  Wisconsin specific research has shown that 13 percent of Women tested in Wisconsin have mercury levels in their blood that put fetuses at risk of mercury poisoning; that means about 9,000 children are born every year at risk for mental and nervous system development impairment. 

The Department of Natural Resources and the Natural Resources Board must now respond to our petition.  They can refuse to act on it but they must consider it, and not acting at all is not an option since by law they are required to revise the regulations this fall.  The only question is whether they will weaken the state’s power plant regulations in response to EPA’s even weaker regulations established in 2005, or whether they will strengthen them in response to our citizen’s petition.  There are numerous groups that signed on as co-petitioners with Clean Wisconsin asking for a 90 percent mercury reduction.  If you want to add your group to the list or help out in this campaign, please contact Keith Reopelle at (608) 251-7020 extension 11.  Clean Wisconsin will continue to work on this issue and keep you informed of its progress.