Mercury rules are needed
By KEN MIDKIFF
Published Friday, December 5, 2008
(http://www.columbiatribune.com/2008/Dec/20081205Comm002.asp)

There is absolutely no doubt that mercury, whether standing alone or in compound with other elements, is harmful to health.

It affects the central nervous system - hence the term "mad as a hatter," since hatmakers once used mercury to cure hats. It is especially detrimental to the developing nervous systems of fetuses and young children. It is also an airborne toxic contaminant that federal and state governments refuse to regulate.

When the federal government - via the Environmental Protection Agency - tried to regulate mercury, which is emitted mostly by coal-fired power plants, the EPA required that monitors be installed at the smokestacks of the power plants as part of a "cap and trade" program. The large companies that own and operate the facilities cried foul and appealed the EPA rule in federal court. Losing in the federal circuit court, they then filed an appeal. The appeals court overturned the lower court decision and threw out all the regulations, deeming that the monitors - the base of the system - would be too expensive to install and that large utility companies would be able to buy their way out of compliance.

Missouri - through the Department of Natural Resources - pointed to a provision in state air law that prohibits the state from being "no more strict than federal." Various court decisions have ruled that in the absence of a federal law or regulation, Missouri can enact provisions to protect the environment and human health.

That’s where we stand - no federal or state regulation of mercury. The federal law was deemed expensive and unprotective by a federal appeals court, and the state of Missouri points to a non-applicable law for a reason to do nothing.

Meanwhile, the Missouri Department of Conservation and the Missouri Department of Health and Senior Services said in warnings that pregnant women and children should avoid eating more than 1 pound of fish per week from Missouri waters. At the same time, DNR claims its hands are tied and it can do nothing, prevented by "no stricter than federal" even though there is no federal law or regulation. How it is possible to be no stricter than nothing escapes me, but then again, the folks at DNR aren’t the brightest bulbs in the chandelier.

DNR is putting together its "impaired waters" list as required under Section 303(d) of the Clean Water Act. While acknowledging that the conservation department and MDHSS have issued a health advisory on fish consumption that applies to every stream, river and lake in the state, DNR is reluctant to list waters impaired by mercury, because they "can’t do much about it."

This is so much blather. Atmospheric deposition of mercury, it is true, might come from the far West or even Southeast Asia, but the heaviest deposits of mercury fall nearest to the emitting coal-fired power plant and only a small amount makes it into the upper atmosphere. Maybe we can’t do much about power plants in California or China, but mercury emissions from those in Missouri need to be restricted. That might be enough to repeal the advisories and return our waters (and our people) to health.

Unfortunately, the state’s efforts will apparently be limited to issuing health advisories recommending that people limit their consumption of fish. What should be done (but is sadly lacking) is to place the burden of limiting atmospheric deposition of mercury on the owners and operators of coal-fired power plants. Instead, the burden is placed on citizens.