Honorable Donna E. Shalala
Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, DC 20201

Dear Secretary Shalala:

Mercury pollution from sources such as coal-fired powerplants, solid waste combustion, and large industrial boilers is a serious health concern in Vermont and throughout the country. Forty states have issued freshwater fish consumption advisories for mercury. However, there has been confusion over what is an appropriate safe reference dose for this toxin. Because of different and confusing food and environmental safety standards, Congress requested a study by the National Academy of Sciences (NAS) in the FY 1999 Omnibus Appropriations Bill to recommend a reference dose for mercury. The study commenced in January and will be completed within 18 months.

As NAS in working on this important study, the Agency for Toxic Substances and Disease Registry (ATSDR) is apparently prepared to release its own "Toxicological Profile" for mercury. The release of the ATSDR profile at this time will accomplish little other than engendering additional confusion about the mercury reference dose. I understand that ATSDR may recommend an acceptable level of mercury that is up to four times higher than the level considered safe by the Environmental Protection Agency (EPA). Such a discrepancy between two agencies in a reference dose for a dangerous toxin is worthy of review by the NAS before the "Toxicity Profile" is released. Issuance of the ATSDR "Toxicity Profile" for mercury is potentially both a grave substantive and policy error concerning the human health impacts of mercury pollution.

I hope that you will review this situation and consider postponing the release of the ATSDR profile on mercury. Instead, the views and information of ATSDR should be provided to the NAS for consideration in its study.

Thank you in advance for your assistance. Please do not hesitate to contact me if you need additional information.

Sincerely,

PATRICK LEAHY
United States Senator