Indianapolis Star, Maureen Groppe
Published February 16, 2004
WASHINGTON -- Indiana, like most states, warns residents against eating fish caught in the state's lakes and streams because they are likely to be contaminated with mercury.
But unlike some other states, Indiana is not acting on its own to reduce the largest, unregulated source of mercury contamination: emissions from coal-fired power plants.
"Indiana is not doing anything about mercury from power plants," said Andy Knott, air and energy director of the Hoosier Environmental Council. "We think that's a situation that clearly needs to change."
Indiana power plants released 5,728 pounds of mercury into the air in 2001, the fourth-highest amount in the United States, according to the most recent federal emissions figures.
But state officials say the responsibility for curbing those emissions should fall on the federal government's shoulders, not the state's.
"We really have been focused on participating in the development of a national policy," said Janet McCabe, assistant commissioner for the office of air quality at the Indiana Department of Environmental Management.
The U.S. Environmental Protection Agency recently proposed new rules that would cut mercury emissions 29 percent by 2007 and 70 percent by 2018. But environmental groups and some states say the regulations won't do enough to reduce the toxic pollutant and are likely to face legal challenges, which could delay implementation.
Mercury is a naturally occurring metal that becomes a toxic pollutant when released into the air, water and soil by human activity. Exposure at high levels can damage the brain, kidneys and developing fetuses. People are most directly exposed by eating contaminated fish. Mercury accumulates in fish after rain washes mercury emissions into waterways.
"There's a concern about mercury, because it's such a toxic substance, and states have chosen not to wait," said Larry Morandi, who follows the issue for the National Conference of State Legislatures. New Jersey, for example, announced new rules in December that will require a 90 percent reduction in power plant emissions by 2007. Such plans are far more stringent than what the EPA proposed in December.
"Now that the Bush administration has chosen to neglect the environmental harms caused by mercury, New Jersey yet again must shoulder the responsibility of protecting public health," said Bradley Campbell, who heads the state's Department of Environmental Protection.
Massachusetts also has proposed rules that are expected to go into effect this year. Connecticut approved rules last year requiring a 90 percent reduction in emissions.
The Wisconsin Department of Natural Resources' policy board adopted a proposal last year to reduce emissions by 40 percent by 2010 and 80 percent by 2015. The plan has been stalled, however, by the state Legislature.
Recommendations on new rules are expected in Illinois and Michigan this spring. Lawmakers in Ohio, Minnesota and Virginia also are pushing for new rules.
"This state has the most to lose because we have so much water and because so much of our tourism depends on that water," said Minnesota state Rep. Jean Wagenius. "It doesn't work to say, 'Come to Minnesota and go fishing, but don't eat our fish.' " Officials in Wisconsin also said they need to take action to preserve the state's fishing and tourism industries.
"We certainly don't want to do anything to threaten that, and we would like people to understand that we're not ignoring the issue," said Jon Heinrich, a policy analyst with the Wisconsin Department of Natural Resources' Bureau of Air Management.
Indiana lacks that motivation. Fishing isn't as big a tourism draw as in some states. And Knott, of the Hoosier Environmental Council, contends that the powerful coal industry gives the state little incentive to act on mercury emissions.
Most of the 36 million tons of coal mined in Indiana in 2001 was consumed by the electric utility industry, according to the Indiana Coal Council.
McCabe said the presence of coal-fired power plants has not influenced the state's decision not to impose its own regulations.
"A lot of power plants operate in many states, and it seems to be the most efficient approach to do it regionally because that helps keep the costs down," she said.
Cinergy, the largest provider of energy in Indiana, also prefers a national approach.
"It makes it much more difficult to plan the system and to meet customers' electricity demands when you have different regulations," said Cinergy spokesman Steve Brash.
Indiana plans to send comments to the federal government on the EPA proposal but has not weighed in yet, McCabe said.
"If we're still waiting on the EPA to do something," Knott said, "then some level of government needs to step up to the plate."
State ranks 4th in mercury emissions
Only three states reported higher mercury emissions than the 5,728 pounds emitted by Indiana power plants in 2001, U.S. Environmental Protection Agency data show. The EPA recently proposed new rules to cut mercury emissions.