U.S. Court of Appeals Gets Tough on EPA and Mercury Pollution
I can’t believe it. The Bush administration hasn’t exited yet and things are changing for the environmental good already. According the Environmental News Service today, Feb. 8th, 2008, the U. S. Court of Appeals for the District of Columbia “vacated two rules issued by the U.S. Environmental Protection Agency that failed to set strict limits on mercury emissions from power plants.” Vacated, I can’t believe it. That means “No Way!”
· The EPA’s cap and trade program was thrown out the window by the court.
· Then the court told the EPA how they “erred by taking power plants off the list of hazardous pollution sources when it issued its Clean Air Mercury Rule” that advocated the cap and trade program.
· The article went on to say, “the EPA now has two years to develop mercury emissions standards for existing power plants.”
The Clean Air Mercury Rule was an attempt by the EPA to limit the amount of mercury discharged by industry. There were two caps. The first was to be 38 tons of emissions reduced by first getting rid of sulfur dioxide and nitrogen oxide called “co-benefits” by the rule. The rule suggests mercury reductions are achieved by doing this. But mercury is a chemical element. It is what it is. It is not sulfur and nitrogen. They are what they are. Granted they’re bad for the respiratory system, but what about the mercury? The court obviously got tired of this nonsense too and told the EPA to get on the ball. There was also an obvious problem with this little statement in the Clean Air Mercury Rule: “”…and because recent information demonstrates that it is not appropriate or necessary to regulate coal and oil-fired utility units under section 112 of the Clean Air Act.” What?
I griped about all of this in another blog when DTE (Detroit area energy provider) announced they were installing scrubbers for sulfur and nitrogen on their Monroe coalburner. Whoopty Doo. Scrubbers do nothing about the mercury, but today the courts sure did. I also predicted that utility companies would continue too long on their same course and then whine about the cost to reverse things and comply with new clean air policy. How soon before we hear the sob stories? So predictable. When companies have a big lobby, they throw all foresight to the wind. They don’t need to stay on the ball. They pay to change the play instead. And the taxpayer bears the brunt. Read about that again: http://www.blogsmonroe.com/world/?m=200701.
This ruling comes on the heals of the June 2007 edict by the Court of Appeals that vacated the EPA’s Incinerator Rule. The court blasted the EPA for violating the Clean Air Act for relaxing limits on emissions of smog-forming compounds from large power plants, factories, and other industrial sources,” according to Chemical and Engineering News. Smog and smoke have always been pretty self explanatory to me. If you can see it in the air, it’s substantial, and you probably shouldn’t be breathing it. As a result of the court’s ruling, chemical plants, refineries, and other industrial facilities that burn the waste they generate in on-site incinerators must comply with the law’s most stringent rules governing hazardous air pollutants. So what about Holcim Cement?
As I sit in a county with the nation’s second largest coalburner that sits on Lake Erie, and a Holcim cement plant that’s big on incinerating and has racked up big fines for doing it, it’s going to be real interesting how the court’s rulings play out.
The announcement of the court ruling today: http://www.ens-newswire.com/ens/feb2008/2008-02-08-01.asp.
The June, 2007 ruling about incinerators: http://pubs.acs.org/cen/news/85/i25/8525news7.html.
The EPA’s Clean Air Mercury Rule that is defunct as of today: http://www.epa.gov/camr/basic.htm.
A disturbing report about mercury hot spots: http://www.mindfully.org/Air/2004/Fort-Wayne-Indiana-Mercury11jan04.htm.