Colloquy between Senators Patrick Leahy and John Chafee
July 17, 1998
Mr. LEAHY. Madam President, I had intended to offer an amendment today
to begin monitoring of mercury emissions from coal-fired power plants and
include this information in the Toxic Release Inventory. Congress has a long
track record of supporting the public's 'right to know' about the nature and
volume of toxic chemicals that are being released into the environment from
manufacturing facilities in their neighborhoods. The 'Toxics Release Inventory'
has empowered citizens and communities and is helping local and state
environmental agencies to identify the most pressing problems within their
neighborhoods. A glaring gap in information from the Inventory is mercury
emissions from coal-fired power plants. The Environmental Protection Agency
estimates that at least 52 tons of mercury are being released to the
environment each year, every year, from these plants. When Congress amended
the Clean Air Act in 1990, we did not address mercury emissions but instead
required EPA to report back to Congress on the sources, impacts and control
strategies for mercury . Congress finally received that report last year and
now needs to act on it. That is why I introduced the 'Omnibus Mercury Emissions
Reduction Act of 1998.' Although I will not offer my mercury right-to-know
amendment today, Congress has a responsibility to act on the EPA Mercury
Report to Congress. I believe Senator Chafee who is one of the leading
proponents of the Clean Air Act Amendments of 1990, agrees with me that steps
should be taken to address mercury emissions.
Mr. CHAFEE. I agree with the senior senator from Vermont that although
the EPA Mercury Report does the best job so far in quantifying mercury
emissions, many believe that the report understates the actual amount of
mercury being released to the environment. Along with Senator Leahy, I voiced
my concern when the release of the EPA Mercury Report was delayed. It is my
understanding the EPA is taking a number of long-overdue steps to address
mercury emissions. Toward the end of obtaining better data on mercury emissions
from coal-fired power plants, we should begin collecting information from
these facilities on the mercury that they emit. As Chairman of the Environment
and Public Works Committee, I intend to hold hearings in September on the
issues raised by the EPA Mercury Report and Senator Leahy's amendment in order
to foster a broader public discussion from all concerned parties about the
information and findings that are contained in the EPA Mercury Report.
Mr. LEAHY. I appreciate the leadership that Senator Chafee is taking on
this issue in light of the troubling language included in the House report on
the Fiscal Year 1999 VA-HUD Appropriations bill. I have serious concerns about
this language. Among other things, the report language would require that
another mercury report be developed. Each of the mercury -related tasks
stipulated in the report language would need to be completed before EPA would
be allowed to make any regulatory determinations that pertain to mercury.
Mr. CHAFEE. I agree with Senator Leahy. The American taxpayers have
already spent over $1 million on the EPA Mercury Report. The Report does not
need to be redone. I do not believe that anyone who actually reads it
objectively would conclude that we need to study mercury all over again before
Congress or EPA can make any decision about mercury emissions. But that is
precisely what the House report language would require. This report language
is an inappropriate use of the appropriations process.
Mr. LEAHY. The Senator is correct and I am glad to see that the Senate
has not concurred with this language. I thank the Chairman and look forward to
participating in his hearing on this important issue.
As printed in the Congressional Record.
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