Given the Bush Administration's cynical notions in nearly every other
regard, Mercury likely will be labeled by it as a nutrient for human
consumption...

Rand
ReDemocracy
http://www.autobuyology.org/car15.html

on 3/19/04 1:15 PM, Will Affleck-Asch at [EMAIL PROTECTED] wrote:

> ----- forwarded message -----
> Date: Wed, 17 Mar 2004 12:19:59 -0700
> From: Teresa Binstock <[EMAIL PROTECTED]>
> Subject: A Plea to Scrap Mercury Emission Plan - slanted toward industry and
> is too weak to protect public health
> 
> A Plea to Scrap Mercury Emission Plan
> A bipartisan group says the Bush proposal is slanted toward industry and
> is too weak to protect public health.
> By Alan C. Miller and Tom Hamburger
> LATimes Staff Writers
> March 17, 2004
> http://www.latimes.com/news/nationworld/nation/la-na-mercury17mar17,1,5598494.
> story
> 
> WASHINGTON -- A bipartisan group of senators, a former head of the
> Environmental Protection Agency and health, labor and religious groups
> urged the Bush administration Tuesday to withdraw its controversial
> proposal to curb mercury emissions from power plants.
> 
> They said that the plan was too weak to protect public health and that
> the internal process that produced it was so slanted toward industry
> that the final rule would not survive legal challenge.
> 
> In a letter to EPA Administrator Michael O. Leavitt, Sen. James M.
> Jeffords (I-Vt.), the ranking minority member of the Environment and
> Public Works Committee, said the EPA had violated requirements calling
> for agencies to review alternatives and disclose their analysis when
> proposing a major regulation.
> 
> Jeffords also referred to the proposal's "gross inadequacies in
> controlling mercury." He called on Leavitt to request an investigation
> by the agency's inspector general "into the allegations of undue
> industry influence in the rule-making process." He said it appeared that
> EPA political appointees and White House officials had worked "to skirt,
> if not directly violate, the law and rules of ethical behavior."
> 
> But an agency spokeswoman said Tuesday that work on the mercury rule was
> ongoing and that no judgment "should be made until the rule is finalized
> in December."
> 
> EPA officials said, at this point, they stand by their "cap-and-trade"
> approach to regulating mercury, which creates market-oriented incentives
> for coal-fired utilities to either clean their emissions or buy
> "credits" from those that do.
> 
> "Our goal and our commitment remains the same: to reduce mercury
> emissions by 70%," said Cynthia Bergman, the spokeswoman.
> 
> Leavitt said this week that he was directing his staff to undertake
> additional studies and analysis of the mercury proposal, which was
> announced in December, shortly after he took office. He said he
> considered this part of the "normal process," which he suggested could
> result in changes to the proposal.
> 
> He emphasized that the administration was the first to propose
> regulations that would limit mercury emissions from power plants.
> 
> President Clinton's EPA administrator, Carol Browner, said the Bush
> proposal "is fundamentally flawed. It can't withstand a legal test, and
> it must be withdrawn."
> 
> Speaking at a news conference hosted by Physicians for Social
> Responsibility, she said Bush administration officials "decided where
> they wanted to go before they completed the analysis and then they
> cooked the analysis to get to where the industry was willing to be. That
> is not the way a regulatory process should operate."
> 
> Jeffords and Browner said they were largely responding to a Los Angeles
> Times report Tuesday that disclosed that EPA political appointees had
> bypassed agency professional staff and a federal advisory committee last
> year to develop a mercury emissions rule preferred by the White House
> and industry.
> 
> The Times also reported that EPA staffers said they were told not to
> undertake routine economic and technical studies called for under an
> executive order and requested by the advisory panel. Significant
> language from utility lobbyists was included verbatim in the proposal.
> 
> Also Tuesday, Sens. Patrick J. Leahy (D-Vt.) and Olympia J. Snowe
> (R-Maine) reiterated an earlier plea to scrap the EPA's proposed rule.
> They have collected nearly three dozen signatures on a letter urging
> Leavitt to submit a new proposal.
> 
> Critics say the EPA should regulate mercury under the provisions of the
> Clean Air Act, which call for much steeper and earlier emissions
> reductions than the agency has proposed.
> 
> Christie Whitman, who headed the agency last spring -- when EPA staffers
> say they were told to forgo the normal analysis of the mercury proposal
> -- said Tuesday that she supported Leavitt's decision to order new
> studies. He has the option of publishing the findings before the
> deadline for public comment and well before the final rule is enacted,
> she said.
> 
> Still, Whitman said, "ideally you have the underlying analysis when you
> go out with a rule." She reiterated that she never requested that her
> staff not produce its normal analysis or skew the data and, had she
> known that was happening, "I would have stepped in."
> 
> Further support for Leavitt's approach came from a powerful Senate ally.
> 
> Sen. James M. Inhofe (R-Okla.), chairman of the Environment and Public
> Works Committee, believes that "this controversy is testament to the
> length environmentalists will go to politicize the normal workings of
> government," said a spokesman for Inhofe. He also said the plan had
> undergone extensive review, "so it is a stretch to say it has not been
> analyzed."
> 
> A recent study found that about 60,000 children a year could suffer
> learning disabilities from being exposed to mercury while in the womb.
> That can happen when pregnant women eat fish from waters contaminated by
> the mercury emitted from power plants.
> 
> But coal and utility executives warn that overly aggressive regulation
> of the nation's 1,100 coal-fired plants could seriously damage those
> industries as well as the nation's economy.
> 
> A spokesman for coal-fired utility companies said Tuesday that
> withdrawing the current mercury proposal would create unnecessary delay
> and undercut the spirit of the proposal's public-comment period that
> allows for more research and study.
> 
> Scott Segal of the Electric Reliability Coordinating Council suggested
> that Browner's criticism of the administration was unwarranted,
> particularly because her record on regulating mercury from power plants
> was marked by delay.
> 
> Copyright 2004 Los Angeles Times
> 
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