Carol Browner, Administrator
United States Environmental Protection Agency
401 M Street, S.W.
Washington, DC 20460

Dear Administrator Browner:

In a recently released report, the National Academy of Sciences confirmed that current mercury levels in the environment pose a risk to significant segments of the U.S. population, particularly 60,000 children. Recognizing the beneficial effects of fish consumption, the NAS concluded that the long-term goal needs to be reducing the concentrations of mercury in fish rather than finding a dietary replacement for fish. We are writing to urge you to use your authority under the Clean Air Act to regulate the leading source of mercury emissions - coal-fired electric utilities.

Sound policy decisions are necessary to reduce human-generated sources of mercury emissions that are making their way into the nation's food supply. The U.S. EPA, under your leadership, already has issued federal standards to reduce mercury emissions from significant sources like waste incinerators, and is poised to make decisions on other sources like chlorine manufacturers and industrial boilers. However, much more work needs to be done as the largest source of mercury air emissions remains uncontrolled.

In order to lower mercury levels in the environment - and ultimately in our population - Congress called upon the EPA to directly regulate every major source of toxic air pollution. In the unique case of coal-fired utilities, Congress directed EPA to first study the need for regulation and then make a ruling. Two previous reports issued to Congress (the Mercury Study and the Utility Hazardous Air Pollutants study, and now the NAS study, all emphasize the extent of the mercury problem, and the necessity of a comprehensive national policy solution. There is no doubt that the Clean Air Act's provisions must be applied to the electric utility industry without further delay.

We urge your agency to devise effective and efficient mercury controls for power plants. We thank you for your continued leadership in advancing environmental policies that are protective of children and the rest of our population both present and future.

Sincerely,

PATRICK LEAHY
United States Senator

Cosigned by Senators Snowe, Collins, Moynihan, Schumer, Lautenberg, Jeffords, Kerry, Wellstone, Boxer, Reid, Edwards, Robb, Dodd, and Chafee