 |
1969 |
FDA sets an "administrative guideline" of 0.5 ppm for methylmercury in
marine fish. |
|
1974 |
FDA converts their "administrative guideline" to an "action level." |
|
1979 |
FDA raises their "action level" to 1.0 ppm, said to be equivalent to
consuming 0.5 µg/kg/day by National Marine Fisheries Agency assumptions
and calculations. |
 |
1990 |
Clean Air Act amendments mandate a comprehensive EPA study of mercury, to
be submitted to Congress in 4 years. The report is to include:
- a study of mercury emissions to the atmosphere
- information on mercury accumulations in air, water, and soil
- information on sources, effects, and control options for mercury
Clean Air Act amendments also mandate an EPA study of hazardous air
pollutants from electric power plants, to be submitted to Congress in 3
years. |
|
1991 |
National Academy of Sciences releases its report "Seafood Safety," which
criticizes FDA for its handling of methylmercury in commercial fish. |
|
Jun. 1996 |
EPA completes its "Mercury Study Report to Congress" - a seven-volume,
1,700 page report that was peer-reviewed internally and externally. Rather
than release the report to Congress or the public, EPA forwards it to the
Science Advisory Board (SAB) for further review. EPA says new studies are
expected to be published over the next two years and could be included. |
|
Oct. 15, 1996 |
Senator Leahy leads 20 senators in a letter
to EPA Administrator Carol Browner calling for the immediate release of
the report. |
|
Feb. 1997 |
The SAB recommends that EPA not wait for more data before moving forward
with the report. SAB also finds that the EPA's report was already the best
compilation to date of all available data on mercury in ecosystems and
wildlife and supports many of the calculations about which EPA had earlier
expressed concerns. |
|
May 9, 1997 |
Senator Leahy and Senator Jim Jeffords (R-Vt.) send a
letter to President Clinton, urging him to
instruct the EPA to release its report. |
|
May 22, 1997 |
Senator Leahy leads a bipartisan coalition of six senators to introduce a
resolution
(S. Con. Res. 28)
that calls for the immediate release of the EPA mercury report and
questions the reasons for the delay. |
|
May 22, 1997 |
EPA publicly announces it will release the report by the end of the year. |
|
Dec. 11, 1997 |
Senators Leahy and Jeffords send a
letter to Administrator Browner and
Secretary of Health and Human Services Donna Shalala, urging EPA and FDA
to work together to reduce public exposure to mercury. |
|
Dec. 19, 1997 |
EPA releases the "Mercury Study Report to Congress." The report concludes
that:
- coal-fired power plants and municipal trash incinerators are the two
largest sources of mercury emissions in the United States;
- mercury pollution can contaminate fish and birds and, if concentrated
at high enough levels, can lead to human neurological damage;
- at least 1.6 million Americans are potentially at risk from food
contaminated by mercury pollution that enters the environment
principally as the result of human activities; and
- a reference dose of 0.1 µg/kg/day - five times lower than the FDA
"action level" - is necessary to adequately protect human health.
|
|
Feb. 1998 |
EPA releases its "Study of Hazardous Air Pollutant Emissions from Electric
Utility Steam Generating Units." The report concludes that "mercury from
coal-fired utilities is the HAP of greatest potential concern." This
allows and requires EPA to regulate mercury emissions from these power
plants. |
|
Apr. 2, 1998 |
Senator Leahy introduces the "Omnibus Mercury Emissions Reduction Act of
1998" (S. 1915)
in the 105th Congress. |
|
Summer 1998 |
Representative Mollahan adds language to House VA-HUD Appropriations bill
that says EPA cannot regulate mercury until scientific studies confirm an
"action level" or "reference dose" level. |
|
Jul. 17, 1998 |
A Senate floor colloquy between Senator Leahy and the late Senator Chafee
(R-R.I.) argues that Representative Mollahan's language is an improper use
of appropriations process. During conference of the bill, Senator Leahy
and Representative Mollahan compromise with language calling for EPA
regulations to abide by a National Academy of Sciences study that will be
completed in 2 years. |
|
Mar. 19, 1999 |
Senator Leahy re-introduces his mercury reduction bill, now called the
"Omnibus Mercury Emissions Reduction Act of 1999"
(S. 673)
with Senator Olympia Snowe (R-Maine). |
|
Mar. 25, 1999 |
Senator Leahy sends a letter to Secretary
Shalala urging review of the HHS Agency for Toxic Substances and Disease
Registry (ATSDR) proposed "toxicity profile" of mercury. Leahy suggests
that the proposed profile is a weakening of currently-available reference
dose information and will cause confusion as to appropriate mercury levels.
Leahy argues that ATSDR should submit data to the ongoing National Academy
of Sciences study mandated in FY 1999 VA-HUD Appropriations. |
|
April 1999 |
ATSDR sets a mercury "minimal risk level" of 0.3 µg/kg/day. |
|
Oct. 7, 1999 |
Senator Leahy and Senator Tom Harkin (D-Iowa) send a
letter to Secretary Shalala requesting
information from FDA about how the agency is protecting American consumers
from the risks of mercury-contaminated food. They also ask for
clarification of the basis for the FDA "action level." They set a
deadline of November 5, 1999 for a response. |
|
Feb. 15, 2000 |
Three months after the deadline, FDA finally responds to the letter from
Senators Leahy and Harkin. The FDA letter includes datasets that show FDA
stopped monitoring domestically caught seafood for mercury contamination
in 1998. This was done even though their 1997 data showed that several
samples of domestically caught tuna, swordfish, and shark exceeded their
own 1.0 ppm "action level." |
|
Apr. 25, 2000 |
Senators Leahy and Harkin release a
statement
expressing serious concerns over the lack of FDA monitoring of
domestically caught seafood since 1998. |
|
July 11, 2000 |
The National Academy of Sciences releases its report "Toxicological
Effects of Methylmercury" to Congress. The report supports the EPA
reference dose for methylmercury of 0.1 µg/kg/day. This value is five
times less than the current FDA action level (0.5 µg/kg/day) and three
times less than the current ATSDR minimal risk level (0.3 µg/kg/day). The
report confirms that the U.S. population is exposed to methylmercury
primarily through fish consumption. In its risk assessment section, the
report defines "high consumption" levels of fish at or near 100 grams/day
(approximately 3 ounces/day). This is the amount eaten by about 5% of the
U.S. populations studied. Given these statistics, the NAS report estimates
that, on average, 7% of women nationwide would exceed the 0.1 µg/kg/day
reference dose for methylmercury. In addition, the risk may be higher in
certain regions of the country. For example, in a New Jersey study, 21%
of women of childbearing age would exceed the EPA's reference dose. These
values would place about 60,000 newborns each year at risk for adverse
neurodevelopmental effects from methylmercury exposure. |
|
Aug. 15, 2000 |
Senators Leahy and Harkin send a letter to
Secretary Shalala to urge the FDA and ATSDR to adopt the more stringent,
NAS-supported methylmercury "reference dose" level set by the EPA. |
|
Sep. 19, 2000 |
Senators Leahy and Snowe lead 15 senators in a
letter to Administrator Browner, urging the
EPA to use its authority under the Clean Air Act to regulate the leading
source of mercury emissions - coal-fired electric power plants. They cite
the July 2000 National Academy of Sciences study and the two previous EPA
studies of mercury pollution, arguing that there must be no further delay. |
|
Nov. 2000 |
FDA begins holding stakeholder meetings to discuss their methylmercury
"action level" and their consumer advisories. FDA discusses, but does
not commit to, changes in their long-standing policies. |
|
Dec. 2000 |
ABC's "20/20" interviews Senator Leahy regarding mercury for their
mid-January broadcast. They also request interviews and comments from
FDA about their actions to protect sensitive populations from
methylmercury in commercial fish. |
|
Dec. 14, 2000 |
EPA announces a positive determination to regulate mercury emissions from
coal- and oil-fired electric steam generating units, as requested by
Senators Leahy and Snowe in September. The regulations will fall under
Section 112 of the Clean Air Act, which requires strict controls (i.e.,
MACT standards) for hazardous air pollutants, although OMB had threatened
to place them under Section 111. EPA plans to propose regulations by
December 2003 and issue final regulations by December 2004. EPA's
determination acknowledges interest in emissions trading but makes no
commitment for or against it. |
|
Dec. 15, 2000 |
Conference report for the final FY 2001 appropriations bill of the 106th
Congress includes a rider intended to stop FDA from taking action on
methylmercury in fish. The language stipulates that FDA should not
develop any consumer guidance on methylmercury exposure without
considering "more than one relevant study," a reference to the Faroe and
Seychelles Islands studies. The rider passes, despite Senator Leahy's
efforts to remove it. |
|
Jan. 11, 2001 |
Senators Leahy and Harkin send a letter to
Secretary Shalala, urging the FDA to update its consumer guidance
immediately to protect pregnant women, young children, and other sensitive
populations. In the letter, Leahy and Harkin contend that the
appropriations rider language is irrelevant for FDA, given the multitude
of relevant studies that have already been done on mercury. They argue
that certain predator species of fish, in particular swordfish, shark, and
large tuna, should be targeted in the advisory. They urge FDA to update
its "action level" to the stricter EPA methylmercury standard, and they
note FDA's lack of response to their August 15, 2000 letter. |
|
Jan 11., 2001 |
FDA issues a new consumer advisory for methylmercury in fish. The
advisory warns pregnant women, women of childbearing age, nursing mothers,
and young children to avoid swordfish, shark, king mackerel, and tilefish.
It also warns them to limit other fish consumption to 12 oz. per week and
to consult state and local advisories regarding freshwater fish. The new
advisory does not specifically mention fresh tuna or canned tuna. At a
congressional briefing, FDA states that mercury is a high priority for the
coming year, to include development of an overall mercury strategy. |
|
Jan. 11, 2001 |
ABC's "20/20" investigative report on the health risks of methylmercury in
fish airs at 10 PM. The report finds that fish with high mercury levels
are readily available, and it questions the FDA's limited actions to
protect consumers. |
|
Jan. 12, 2001 |
Senator Leahy responds to the new FDA advisory for methylmercury in fish.
He praises FDA for finally warning consumers, but he also expresses
disappointment with FDA's unchanged "action level" and its lack of seafood
testing. |
|
Jan. 31, 2001 |
GAO releases its report "Federal Oversight of Seafood Does Not
Sufficiently Protect Consumers," which criticizes FDA for its handling of
methylmercury in commercial fish. |
|
Feb. 7, 2001 |
FDA responds to the August 15 and January 11 letters, expressing FDA's
concerns about methylmercury and describing the decision-making process
behind FDA's recently updated consumer advisory. The letter reiterates
FDA's commitment to "develop an overall public health strategy for
methylmercury in commercial seafood, including a review of the action
level." The letter does not commit to any regulatory action. |
|
Feb. 20, 2001 |
Electric utilities sue EPA over their Dec. 14 determination to issue MACT
standards for mercury emissions from power plants, even though the Clean
Air Act specifically requires these standards. |
|
Mar. 2, 2001 |
The Centers for Disease Control and Prevention release data from the 1999
National Health and Nutrition Examination Survey, showing that 10% of
women may have potentially hazardous levels of mercury. This would put
far more newborns at risk than the NAS estimated in July 2000. |
|
Mar. 15, 2001 |
Senators Leahy and Harkin introduce the "Mercury-Safe Seafood Act of 2001"
(S. 555)
in the 107th Congress. The bill would require FDA to
- establish a formal tolerance for methylmercury in commercial fish,
with regard for pregnant women and the findings of the NAS
- perform statistically valid sampling of commercial fish for methylmercury
- expand its public education and health advisories related to methylmercury in fish
|
|
Apr. 9, 2001 |
EPA files for dismissal of electric utility lawsuit regarding planned
mercury regulations. |
|
Apr. 26, 2001 |
Senators Leahy and Snowe lead 10 senators in a
letter to EPA Administrator Christine Whitman,
urging EPA to follow through on its determination to regulate mercury
emissions from electric power plants, by implementing a strong MACT
standard without trading of mercury emissions. |
|
Jun. 5, 2001 |
Administrator Whitman responds to the Apr. 26 letter, reaffirming EPA's
plans to regulate mercury emissions via MACT standards and reiterating
EPA's timeline for proposing and issuing regulations. The response does
not address emissions trading. |
|
|
Jul. 24, 2001 |
Senators Leahy and Snowe send a
letter to Secretary of Defense Donald
Rumsfeld, urging the DoD to emphasize options for safe, long-term
retrievable storage in its EIS regarding the potential fate of 5000 tons
of excess mercury in the National Defense Stockpile. Leahy and Snowe
express their hope that this mercury will not enter the global market and,
eventually, the environment. |
|
|
Dec. 10, 2002 |
Leahy
and Senators Kennedy and Clinton send letter to FDA Commission Mark McClellan
urging him to adopt the EPA’s mercury consumption standard for seafood and to
update the mercury in seafood consumer advisory to better protect women and
children from mercury exposure.
|
|
|
Feb. 27,
2003 |
Administration’s Clear
Skies Proposal Falls Short in Reducing Mercury Pollution.
Statement of Senator Patrick Leahy at the
Introduction of the "Omnibus Mercury Emissions Reduction Act of 2003" |
|
|
Nov. 6, 2003 |
Leahy joins Senator
Jeffords and 11 other senators on a letter urging EPA Administrator Leavitt to
adopt a strong MACT standard for mercury under section 112 of the Clean Air Act. |
|
|
Nov. 24, 2004 |
Leahy introduced S. 1939, the
“Mercury Health Advisory Act of 2003” to help ensure the public is adequately
informed about the risks of mercury exposure from fish and seafood consumption. |
|
|
Dec. 3, 2003 |
Senator Leahy criticizes Bush Administration
retreat on reducing mercury emissions from power plants. |
|
|
Dec. 11, 2003 |
Senator Leahy reaction
to proposed new FDA health advisory to limit exposure to mercury from seafood
consumption. |
|
|
Jan. 29, 2004 |
Senator
Leahy and 10 other New England senators ask Administrator Leavitt to withdraw
their proposed mercury rules announced on December 15, 2003, and push for more
public participation in development of a stronger mercury policy.
Click here to see the letter.
|
|
|
March 5, 2004 |
Senator Leahy presses the
Food and Drug Administration to improve their draft consumer advisory on mercury
in seafood to adequately protect women and children.
Click here to see the letter [PDF file]. |
|
|
March 19, 2004 |
FDA announces new mercury seafood and fish consumption advisories. Sen.
Leahy critical of failure of FDA to protect Americans to suggested EPA mercury
levels. Read the reaction
. |
|
|
March 25, 2004 |
Leahy Thursday questions EPA Chief about Bush
Administration’s weakened mercury reduction rules and their impact on Vermont
and New England. Read his
opening statement and see related charts. |
|
|
April 1, 2004 |
Leahy leads forty-five senators in writing to EPA Administrator Leavitt
demanding stronger mercury proposal
Read the press release and the
letter. |
|
|
April 12, 2004 |
Senators Ask EPA Inspector General To Investigate Mercury Rule
Read the release and the letter |
|
|
April 29, 2004 |
Leahy and Rep. Waxman write to EPA Administrator Leavitt
Read the letter |
|
|
May 20, 2004 |
Leahy and 17 other senators write to the EPA to demand 65 tons of chlor-alkali
emissions are accounted for Read
the release and the letter |
|
|
June 24, 2004 |
Leahy writes letter to Administrator Leavitt about proposed National Emissions
Standards for Hazardous Air Pollution Read
the release and the letter |
|
|
February, 2005 |
Government
Accountability Office criticizes EPA analysis used for drafting proposed
mercury rule
Read the report. |
|
|
February 3, 2005 |
EPA Inspector
General criticizes EPA on proposed mercury rule
Read the report. |
|
|
March 7, 2005 |
Senators Call On
EPA To Strengthen Mercury Rule; New GAO
Report And Recent IG Report Call Rule Tainted
Read the release and the letter
|
|
|
March 23, 2005 |
Leahy and others call on EPA to explain why study was omitted in drafting
of mercury rule. Read the letter
HERE. |
