Illinois Division of the Izaak Walton League

-

Illinois Council of Trout Unlimited

National Wildlife Federation

-

Natural Resources Defense Council

Prairie Rivers Network

REC

E I

VED

Re:

Comments on Proposed New 35 ILL . ADM

. CODE 225, Control of Emissions from

Large Combustion Sources (Mercury) ; R06-25

Dear Honorable Members of the Board ;

The undersigned organizations wish to express our support for the proposed rule filed

with the Illinois Pollution Control Board by the Illinois Environmental Protection Agency, as

amended and including the Ameren and Dynegy proposals ("the rule")

. We believe this rule is

necessary to protect the health of the citizens of Illinois, as well as the health of our fish and

wildlife populations, and is both technologically feasible and cost effective

.

First and foremost, adoption of this rule is critical to protecting the health of Illinois

citizens, especially our children

. Every year, thousands of pounds of mercury pollution are

emitted by coal fired power plants in Illinois

. Many experts have submitted comments to the

Board that detail the health impacts of mercury, but in short, it is a neurotoxin that passes

through the placenta and poisons fetal brain development

. Every day, thousands of developing

fetuses, newborns and young children are exposed to mercury when pregnant and nursing

women eat contaminated fish, or children eat fish themselves

. Six to ten percent of women of

childbearing age in the U .S

. are estimated to have mercury levels high enough to put their

developing children at increased risk for developmental problems from mercury poisoning

. That

translates to more than 100,000 women of childbearing age in Illinois whose blood mercury

levels may exceed the federal recommended limit

.

Further, coal fired power plants in Illinois have resulted in severe mercury hot spots in

some areas of the state

. The southern Great Lakes experience one of the highest deposition rates

in the U.S

. In this region, local and regional sources are the main cause of elevated mercury

concentrations, with the great majority of mercury contamination coming from coal fired powers

plants

. In fact, coal plants produce 71% of the mercury pollution in Illinois and 60% in the Great

Lakes states as a whole .

As a result, fish in Lake Michigan and all Illinois waterways are contaminated with

mercury

. So much so, that the Illinois Department of Public Health has issued "fish advisories"

warning sensitive populations

-

and particularly pregnant women, women of childbearing age

and children -

to limit their consumption of certain species of predator fish from every lake, river

and stream in the State .'

September 20, 2006

SEP 2 0 2006

Office of the Clerk

Illinois Pollution Control Board

100 West Randolph

Chicago, IL 60601

~%

STATE

O

Control

ec~

Bod

---

At the same time, mercury in fish is not just a threat to the health of those who consume

it

. There is mounting evidence that mercury levels in fish can affect their ability to reproduce, as

well as survive, endangering the health of fish populations themselves

. Recent research has

documented mercury effects on fish (at what could be considered more typical environmental

exposure levels) that include lower reproductive success due to decreased spawning and

increased embryo mortality 2;

altered sex hormones

; and increased vulnerability because of

particularly

adverse effects

high

on

levels

development

of mercury

and

occursdifficulty

4.

Of

schoolingall

freshwater

.3

Death

fish

has

species

occurred

studied,

when

walleye

exposure

(a

to

popular

Studies

Great

in the

Lakes

Great

sport

Lakes

fish)

have found

on average

that the

have

walleye

some of

have

the

a

highest

high energetic

mercury levels

rate and

documentedconsume

.

mercury

more fish

levels

and therefore

have been

more

shown

mercury

to reduce

compared

juvenile

to other

growth

species

rates

of

.

5

predator fish

. These elevated

Scientists have also found high levels of mercury in yellow perch in the Great Lakes

which is of concern given the importance of these fish as prey for many other species of fish and

wildlife6.

Studies have also shown that elevated levels of mercury in largemouth bass-another

popular sport fish in Illinois and an important food source for many species of wildlife-have

altered hormone profiles, indicating that mercury may be affecting the health of these fish

.

Much research has been done on the impacts of mercury on wildlife species as well

.

Studies have shown that many species of birds that live in and along rivers, lakes and wetlands

and

implications

feed on fish

for their

or other

healthaquatic

. Documented

prey also

impacts

accumulate

of elevated

mercury

mercury

in their

levels

systems

in

with

birds

seriousinclude

lower reproductive success due to fewer smaller eggs, lower hatch rates, altered chick behavior

and lower survival rates, and decreased nest attendance

s ; behavior abnormalities

; and

neurological and physiological problems such as tremors, difficulty flying, walking and standing,

reduced feeding and weight loss, wing and leg weakness, spinal cord degeneration, and disrupted

hormone levels

.`' A wide range of birds around the country, including bald eagles, egrets and

terns, have been found to have elevated levels of mercury, and loons tested in the Great Lakes

and elsewhere have often been found to have very high mercury levels because of their long lives

and their diets made up largely of fish

. 10

impacting

Mercury

many other

effects

species

are not

of

limited

wildlife

to fish

including

and shore

mammals

birds,

such

howeveras

mink,

. This

bats

pollutant

and riveris

also

otters-the latter being of particular concern in Illinois where endangered river otters are

beginning to make a come back in the wild

. The effects on mammals range from physiological

problems such as impaired sensory and motor skills, to reproductive problems

.

"

Effects, which

we

lifewill

.

not detail here, have also been noted in amphibians and reptiles, songbirds, and marine

Healthy fish and wildlife populations play an important role in the Illinois economy, The

most recent survey conducted by the US Fish and Wildlife Service indicates that more than 4

.5

million people participated in wildlife-associated recreation activities in Illinois in 2001,

including fishing, hunting, and bird watching

. Expenditures for these activities in just one year

included $595 million for fishing, $450 million for hunting, and $814 million for wildlife

watching (defined as observing, feeding, and photographing wildlife)

.

12

Given these important

---

benefits to our economy, it makes sense to eliminate a source of pollution that could have

significant negative impacts on a wide range of fish and wildlife in the state .

By regulating the leading source of mercury pollution in Illinois

- coal fired power plants

-

we can reduce mercury exposure and the resulting health effects of that exposure for humans

and fish and wildlife

. Studies show a direct relationship between reducing mercury deposition

and reducing mercury levels in fish and conclude that reducing emissions of mercury lowers

mercury concentrations in fish, regardless of contributions from natural or foreign sources

. In a

2002 study in Wisconsin for example, researchers correlated a decrease in atmospheric mercury

loading into a Wisconsin lake with a 30% reduction in fish tissue mercury concentrations after

only six years .

13

Another study in Florida showed that a reduction in local atmospheric mercury

emissions led to a decline of more than 80% of mercury contamination in fish and wildlife

.

14

Reducing mercury pollution and deposition in Illinois would likely have similar benefits, and

thereby reduce the risks for human exposure and the associated public health impacts, as well as

the risks for fish and wildlife populations.

While federal rules have been adopted by the Bush administration to regulate mercury

emissions, they are inadequate to address the problem of mercury contamination in Illinois

. Not

only are the federal rules less stringent in their requirements for reducing levels of mercury

emissions despite the availability of technology to achieve greater reductions, but the rules will

also perpetuate mercury hot spots like those in Illinois by allowing coal plants to continue using

older technology and also purchase the right to continue polluting at high levels rather than

installing equipment to clean up their plants and protect our health and environment

. The Illinois

rule is needed to provide those protections that the federal rules lack

.

The Illinois rule as drafted, including amendments and Ameren's and Dynegy's

proposals, is sound and will be effective

. First, states such as Georgia, Maryland, Massachusetts,

Michigan, Minnesota, New Jersey and Pennsylvania, among others, have adopted or initiated

proposals that would go beyond the federal rules and require mercury reductions from power

plants similar to those in the Illinois proposed rule, demonstrating that this rule is reasonable and

the bases for it are sound

.

Second, the IEPA and proponents made the necessary showing at the hearings and in

filings that the rule is both technically feasible and economically reasonable

. Specifically, the

technology for controlling mercury in accordance with the requirements of the rule is readily

available. Activated carbon injection

("ACI"), with brominated or halogenated sorbents where

appropriate, has been shown to achieve 95-percent capture rates in short-term tests for all ranks

of coal burned in Illinois

. Where 90% is not achievable with ACI alone, other pollution control

options can be used to achieve 90%, including controls for other pollutants that provide

additional mercury reductions .

The technology is also economically reasonable

. The reductions required by the proposed

rule could be achieved while costing Illinois residential consumers only $0

.69 more per month,

on average. Commercial businesses would pay about $5

.82 more on average, while the average

industrial bill would increase $305

.47 monthly

. The cost of ACI per unit is less than one million

dollars .

---

Finally, there is sufficient flexibility in the rule for operators to choose a compliance

pathway that is appropriate for them in terms of both means and timing of achieving the

necessary reductions

. The flexibility built into the rule includes

: 1) the initial averaging period,

2) the output based standard, 3) the temporary technology-based standard, and 4) Ameren and

Dynegy's proposed multi-pollutant standard

. Moreover, Ameren and Dynegy's support for the

rule demonstrates that facilities within the state of Illinois can achieve the required reductions

contained in the proposed rule in a cost-effective manner

. In fact, Dynegy has already

committed, as part of a recent settlement agreement, to installing this equipment at its Oakwood

plant by 2007 with a goal of at least 90% reduction in mercury emissions

. Clearly, they believe

the reductions proposed in the rule are attainable .

For all of these reasons, our organizations support the proposed rule, believe it is

necessary to protect public health and the environment in Illinois, and encourage the Board to

vote in favor of it .

Sincerely,

Terry Fanning, President

Illinois Division of

Ed Michael, Vice Chair

Illinois Council of Trout Unlimited

the Izaak Walton League

Andy Buchsbaum, Director

Laurel O'Sullivan

Great Lakes Natural Resources Center

National Wildlife Federation

Great Lakes Campaign Coordinator

Natural Resources Defense Council

Jean Flemma, Executive Director

Prairie Rivers Network

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