FOLLOWING URGING BY SENATOR COLLINS, EPA TAKES A SECOND LOOK AT FLAWED MERCURY RULE

WASHINGTON, D.C.— Senator Susan Collins is pleased to learn today that the Environmental Protection Agency (EPA) has reopened the public comment period on its flawed rule on mercury emissions. Following Senator Collins' repeated criticism of the agency's rule, the EPA has granted a new 45-day window for public review of the legal basis behind its mercury rules. At issue are the EPA's proposed regulations regarding mercury and the amount of the toxin that can be legally emitted by power plants. The EPA's rule, which was issued earlier this year, removed mercury emissions from power plants from the list of toxic pollutants under that Clean Air Act, therefore, enabling the EPA to devise a more lenient cap and trade mercury program.

"The fact that the EPA has taken the extraordinarily unusual step of reopening the public comment period on an already finalized rule demonstrates just how deeply flawed this rule is. I have repeatedly stated that the rule is scientifically misguided, does not meet the legal requirements of the Clean Air Act, and does not sufficiently protect the public from toxic mercury emissions. This rule should be overturned," said Senator Collins.

On September 13, 2005, the Senate voted on the Leahy-Collins resolution to disapprove of the EPA's mercury rule. This resolution was filed in June under the terms of the rarely used Congressional Review Act (CRA), which gives Congress the ability to repeal rules proposed by federal agencies. Although the resolution narrowly failed to pass, it expressed the strong displeasure of nearly half the Senate against the mercury rules.

Senator Collins has supported legislation that calls for a sevenfold reduction in mercury emissions compared to the EPA's rule. The bipartisan legislation would have required power plants to significantly reduce emissions of sulfur dioxide, nitrogen oxides, carbon dioxide, and mercury. The pollutants cause death, disease, ecological degradation, birth defects, and increase the risk of abrupt and unwelcome climate changes.

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