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Denver Post Editorial - 5/9/2004

A case of mercury rising?

A federal proposal to limit mercury pollution is unacceptably weak. Under the U.S. Environmental Protection Agency's plan, Colorado and four other states could experience higher levels of the neurological poison than they do now.

The EPA isn't setting a hard limit on how much mercury that coal-fired power plants can produce. Instead, it plans to let electric utilities trade the right to pollute among themselves. The result may be cleaner East Coast air, at the price of worse air in Colorado, Utah, California, Hawaii and New Hampshire. The analysis for our state was done in part by Environment Colorado, based on EPA data. The EPA acknowledges that Colorado will see increased mercury levels but says higher emissions will last only a few years.

However, mercury persists in the environment. It doesn't dissipate with time; it accumulates. By letting power plants spew significant amounts of the substance even for a few years, the EPA could saddle the affected states with long-term environmental problems.

The question of environmental justice comes down to the community level. In Colorado, many coal-fired power plants are in poor and minority neighborhoods. One form of mercury lingers near the plants. Medical experts say mercury stunts brain and nerve development in fetuses and newborns. So if the EPA's proposed trading program increases mercury levels in our state, the children of poor may pay the price.

An EPA scientist recently reported that 630,000 newborns in the U.S. from 1999-2000 had higher mercury levels than is considered safe. That's double earlier estimates.

The sliver of good news is that the Bush administration is at least tackling the issue. In 1990, Congress listed mercury as a pollutant in the Clean Air Act. Medical waste incinerators and some other facilities have long been required to strictly control mercury emissions.

But power plants were never brought into the fold - neither the first Bush nor the Clinton administration ever confronted the complex problem. The plan advanced by current EPA Administrator Mike Leavitt is the first real attempt to do so. Power companies, such as Xcel Energy in Colorado, support the EPA's proposal.

But in rejecting a strict limit on mercury output, the EPA apparently has assumed that American ingenuity can't find ways to curb the troublesome toxin. That's contrary to past efforts, in which specialists invented ways to take such steps as removing ozone-depleting chemicals from aerosol cans.

The EPA needs to revamp its proposal. This environmental policy that fails to equally protect Americans in all 50 states cannot be defended.