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Action Alert

New York Proposes First-Ever Rule to Limit Mercury Emissions
Your Help Needed Today to Make the Rule Better!

In May 2006, the New York State Department of Environmental Conservation (DEC) announced that for the first time ever, New York would regulate emissions of mercury from the state’s coal fired power plants. Now, DEC has released the draft regulation and is accepting public comments until October 20.

Mercury – What it is and what it does
Mercury is a toxic contaminant that travels up the food chain and intensifies from small to large animals and humans, damaging their nervous systems and affecting brain development. In 2005 and 2006 the NYS Department of Health issued warnings to those fishing in the Adirondack and Catskill Parks not to consume any of several species of fish because
of high mercury levels. The Common Loon, the signature species of the Adirondack Park, is currently a “New York State Species of Special Concern” because of widespread mercury contamination. If mercury emissions are not reduced and population levels continue to decrease, the loon could be elevated to the “Endangered” list in the future.

The Draft Mercury Regulation
The draft regulation proposed by DEC is in response to a federal Environmental Protection Agency (EPA) rule called the Clean Air Mercury Rule (CAMR). New York must either use
the federal program or create their own, which must be at least as stringent as CAMR. The EPA proposal is very weak, with only a 70% reduction of mercury emissions by 2018 and allows trading of credits. Since mercury travels differently in the environment than the pollutants that cause acid rain, allowing trading could cause “hot spots” with neighborhoods around power plants having much higher levels of contamination. New York’s proposal is much better than EPA’s in that it will cut mercury emissions by 90%



High levels of mercury threaten the Common Loon
and will not allow for the trading of credits.

Although the two provisions of DEC’s draft regulation are beneficial, the timeline that has been proposed by DEC is still too long. While it is shorter than EPA’s, it gives power plants until 2015 to clean up, which is longer than necessary to achieve the desired level of cuts. Other states throughout the nation, including New Jersey and Maryland have drafted mercury regulations with better timelines. New York should follow their lead and reduce the time allowed to achieve the cuts. This will ensure that New York’s regulation helps protect human and wildlife health as soon as possible. It can be used as a model for other states or a national law. Since most of the mercury pollution affecting the Adirondack Park comes from upwind states, encouraging other states to comply with the same level of cuts as New York will help ensure the Park’s ecological integrity is maintained.

New York’s rule must be strengthened before it is finalized.
DEC needs to hear from you!

Please write a letter to DEC and tell them in your own words that:

  • You appreciate their effort to regulate toxic mercury emissions.

  • Their plan is better than the federal program because it requires a 90% reduction that will be achieved without trading of allowances.

  • The timeline for final compliance should be moved up to 2010 to ensure the state’s environment and public health is protected as soon as possible.

Please Send Your Letter to:

David Gardner
New York State Department of Environmental Conservation
Division of Air Resources
625 Broadway, 2nd Floor
Albany, NY 12233-3254
Telephone (518) 402-9035
Email: 246CAMR@gw.dec.state.ny.us

Comments Are Due Friday, October 20, 2006


Three hearings will also be held where public comment will be accepted.
Please consider attending a hearing in your area. They will be:

Wednesday, October 11, 2006
1:00 pm
NYSDEC Headquarters
625 Broadway
Public Assembly Room 129
Albany, NY 12233
Thursday, October 12, 2006
9:00 am
NYSDEC Region 8
Conference Room
6274 E. Avon-Lima Rd.
Avon, NY 14414

Friday, October 13, 2006
9:00 am
NYSDEC Annex, Region 2
11-15 47th Avenue
Hearing Room 106
Long Island City, NY 11101

The regulation is available on DEC’s website at
http://www.dec.state.ny.us/website/dar/air_regs.html#part246

Thank you for taking action to strengthen New York’s regulation to limit emissions of mercury.

Please send or email us a copy of your correspondence, if possible. (Address below.)

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