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Revised October 2007 Mercury TMDL

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News Release
RI Department of Environmental Management
235 Promenade Street, Providence, RI 02908
(401) 222-2771 TDD/(401) 222-4462

For Release: October 24, 2007
Contact: Gail Mastrati 222-4700 ext. 2402
Stephanie Powell 222-4700 ext. 4418

RHODE ISLAND JOINS NORTHEAST STATES IN URGING EPA TO DO MORE TO REDUCE MERCURY POLLUTION
States File Collaborative Regional Plan Aimed at Lowering Mercury Levels in Fish

PROVIDENCE - Rhode Island is one of seven states that are calling on the US Environmental Protection Agency to do more to control mercury pollution that blows into the Northeast from coal-fired power plants in the Midwest and elsewhere in the nation. High mercury levels in fish have been detected throughout the Northeast region, necessitating public health warnings not to consume freshwater fish caught in local waters.

For the first time, the New England states and New York are linking violation of Clean Water Act standards to EPA's authority under the Clean Air Act to do more to control mercury emissions. The states have jointly submitted to EPA a cleanup plan, called the "Northeast Regional Mercury Total Maximum Daily Load" (TMDL) plan, which identifies reductions in mercury contamination necessary to bring fish-tissue levels into compliance with federal standards. The plan calls for continued implementation of the states' Mercury Action Plan that targets a 75 percent reduction in mercury deposition by 2010 and virtual elimination of mercury thereafter.

"Mercury pollution is a significant environmental problem in the Northeast states because high levels can have serious health consequences for children and adults," said Governor Donald L. Carcieri. "Rhode Island is a leader in reducing mercury pollution and we continue to do our part to address the problem. However, most of the mercury that is deposited in our state's water and soils comes primarily from man-made air emission sources such as solid waste incinerators and coal-fired power plants outside the state and the region. It is now time for EPA to step forward and protect our waters and our citizens by cutting mercury pollution at sources in upwind states. The EPA needs to make sure that the mercury reduction efforts in the Northeast region are matched by sources in states across the country."

Mercury bio-accumulates in fish. In the Northeast, elevated levels of mercury in certain fish species are of great concern and have resulted in fish consumption advisories on more than 10,000 lakes, ponds and reservoirs, and over 46,000 miles of rivers. Data from 19 of these waterbodies located in Rhode Island are the basis for our statewide advisory and include Meadowbrook Pond (Sandy Pond) in Richmond; Watchaug Pond in Charlestown; Tucker Pond, Larkin Pond, Hundred Acre Pond, Indian Lake and Yawgoo Pond in South Kingstown; Alton Pond, Ashville Pond, Locustville Pond, Wincheck Pond, Wyoming Pond and Yawgoog Pond in Hopkinton; Browning Mill Pond (Arcadia Pond) and Boone Lake in Exeter; Eisenhower Lake in West Greenwich; Quidneck Reservoir and Tiogue Lake in Coventry; and J.L. Curran Reservoir (Fiskeville Reservoir) in Cranston. Women who are pregnant, nursing, or planning to have a baby in the next year are advised to eat no freshwater fish from Rhode Island waters except for stocked trout. For information on the benefits of eating fish during pregnancy and what fish are safe to eat individuals are directed to the US EPA website: http://www.epa.gov/mercury/advisories.htm.

The New England Governors and the Governor of New York are leading the country in controlling mercury pollution. As part of the regional Mercury Action Plan adopted by the Northeast State Governors and Eastern Canadian Premiers in 1998, state mercury reduction programs and regulations far exceed federal requirements and have met with great success. Northeast states have reduced mercury emissions from sources in the region by greater than 55 percent overall, with many states exceeding 70 percent reduction since 1998.

In Rhode Island, the Mercury Reduction and Education Act requires the phase-out of mercury-added products, bans on certain products, and elimination of mercury from schools, among other requirements for labeling and disposal of mercury products. Specifically, after January 1, 2002, no mercury fever thermometers can be sold and as of January 1, 2010, the mercury content of fluorescent bulbs, including energy-efficient compact fluorescent bulbs, shall not exceed 100 milligrams. In addition, schools cannot use or purchase bulk elemental or chemical mercury or mercury compounds for use in primary or secondary classrooms. Finally, as of July 1, 2006 mercury-added products can only be disposed of through recycling or disposal as hazardous waste.

Legislation adopted by the General Assembly in 2006 requires removal and collection of mercury-added convenience light switches from automobiles, and auto recyclers are reimbursed by motor vehicle manufacturers $5 for every switch returned for recycling. DEM also has a voluntary self-certification program for installation of dental amalgam separators; legislation enacted in 2006 requires dental offices/facilities to install amalgam separators by July 2008.

Despite these efforts, mercury levels in fish are still too high. Approximately 80 percent of all mercury impacting New England is currently imported from upwind air pollution sources. The EPA Clean Air Mercury Rule will only control mercury pollution from coal-fired power plants by about 70 percent, and not until after 2020. The rule also allows for pollution trading, which can contribute to mercury "hotspots." In contrast, the Northeast states are requiring that 90-95 percent mercury control be achieved by 2012, without trading.

The submittal of the Northeast Regional Mercury TMDL to EPA occurs on the 35th anniversary of the Clean Water Act, and signals the need for greater recognition of cross-media pollution, and the need for stricter national controls on trans-boundary air pollution to protect air and water quality of downwind states.

The mercury TMDL is a calculation of the maximum amount of mercury that a water body can receive and still meet the regional water quality standard. Under the Clean Water Act, EPA has 30 days from the states' TMDL submittal to either approve the plan or disapprove it and set its own limits.

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