An M.D./Toxicologist told a Senate Committee this week that they have not been provided credible evidence supporting speculation that any women, children, or fetuses have been harmed, or have been placed at increased risk of harm, as a result of eating fish obtained from bodies of water in Pennsylvania or other parts of the United States.

The testimony came as the Senate Environmental Resources and Energy Committee held the second day of public hearings on how best to craft a state program to reduce mercury emissions. Those testifying included representatives of coal, business, health and environmental organizations.

Dr. Jack W. Snyder, an M.D. and Toxicologist from the Annapolis Center for Science-Based Public Policy, also told the Committee --

· You have not been provided credible (valid, reliable, and generally accepted) evidence supporting speculation that burdens of mercury have increased in the past decade, century, or even millennium in fish, in humans, or in the total environment of the Commonwealth, of the United States, or even of the world.

· You have not been provided credible evidence supporting speculation that U.S. power plants account for any increase in, or for any more than one percent of, global mercury emissions.

· You have not been provided credible evidence supporting speculation that mercury emitted from U.S. power plants will accumulate in so-called “hot spots of pollution,” or that cutting emissions will reduce mercury in fish.

· You have not been provided credible evidence supporting speculation that “mercury is a growing threat” or that “mercury is lead’s evil twin” for purposes of regulating potential threats to human and environmental health.

The Annapolis Center recommended that the Committee give considerable weight to documents and studies that indicate the following:

· Mercury emissions and depositions in the U.S. have been decreasing for many years in the absence of attempts to reduce emissions from power plants.

· The recent increase in the number of fish advisories is due to an increase in the number of mercury measurements in fish, and not due to an increase in levels of mercury in fish or in the environment.

· Increased fish consumption by pregnant women and young children has been associated with “improved intelligence” and “higher mental development” scores in children, while increased fish consumption by adults has been associated with “slower cognitive decline.”

· Finding a measurable amount of mercury in blood or urine does not mean that the level of mercury causes an adverse health effect. Importantly, the blood mercury levels in U.S. women of child-bearing age have been shown consistently to fall orders of magnitude below levels considered associated with known health effects.

“In conclusion, as a promoter of the use of sound science in decision-making, the Annapolis Center believes it is time to stop the “science charading” used in support of environmental regulation,” Dr. Snyder said. “When speculation, modeling, and novel assumptions are interspersed with, or used as substitutes for, verifiable and reproducible measurements in the course of issuing regulations, our lawmakers and citizens deserve now, more than ever, to have the details of that “science behind lawmaking” subjected to intense scrutiny by all interested parties.”

In addition to being a licensed physician in Pennsylvania, Dr. Snyder served on the faculty of the Jefferson Medical College in Philadelphia for 15 years.

George Ellis, president of the Pennsylvania Coal Association representing bituminous coal operators, testified that the PCA view sharply differs with DEP’s contention that its proposal encourages use of Pennsylvania coal and protects coal jobs. Despite his organization’s repeated requests, DEP has not provided any type of analysis to substantiate its claim.

Testifying on behalf of the United Mine Workers of America, Eugene M. Trisko told the committee that legislation introduced in the Senate and House to participate in the nationwide program to reduce mercury emissions from power plants has several key advantages over the DEP plan, including incentives for plants to over-control mercury emissions, so that power providers can trade credits to under performing plants to help pay for major investments in pollution control technologies. The proposed DEP rule, the Committee was advised, may cause smaller generators to shut down and lead to the loss of electric generating capacity and mining jobs.

The Pennsylvania Chamber of Business and Industry urged the committee to examine what, if any, incremental benefits would be achieved under a state-specific mercury rule.

Clean Water Action urged the committee to hear directly from public health officials who have studied the impact of mercury on human health.

Sen. White will be scheduling a third hearing to take further testimony from state DEP Secretary Kathleen McGinty, as well as public health experts.

“Several committee members [including Sen. Tony Williams (D-Philadelphia)] have serious concerns over statements made by Secretary McGinty at the committee’s first hearing last week which have apparently misrepresented both the position of the mineworkers and the coal association, as well as the timing of when the secretary learned of these positions,” said Sen. White.

Under bipartisan legislation (Senate Bill 1201) introduced by Sen. White and Sen. Ray Musto, Democratic chair of the Senate Environmental Resources and Energy Committee, Pennsylvania coal-fired power plants will be required to reduce mercury emissions by 86 percent no later than 2018, and could utilize a cap and trade program. Identical bipartisan legislation has been introduced as House Bill 2610.

This approach provides incentives for power plants to comply earlier and achieve greater emission reductions. A plan proposed by DEP does not allow for trading and incorrectly labels the federal trading provision as “illegal.”

Sen. White said the two hearings have highlighted several concerns with the DEP plan:

· The DEP plan will provide no added environmental or health benefits to PA residents over adopting the federal rule;

· It will lead to higher energy costs, affecting not only manufacturers and other large energy users, but residential customers, who are facing the expiration of rate caps in the coming years (most in 2010);

· It does not protect Pennsylvania bituminous coal jobs, but in fact may encourage fuel switching to bituminous coal mined in West Virginia and Kentucky; and

· According to the United Mine Workers of America, the DEP plan may be unconstitutional because it includes a preference for bituminous coal.

“Unless we are putting a dome over the Commonwealth, we will continue to receive air from states that are not playing by the same rules,” said White.

Video of the hearings, along with written testimony, can be accessed by visiting the Senate Environmental Resources and Energy Committee webpage.

On May 17, the Environmental Quality Board will consider adopting for public comment DEP’s proposed Pennsylvania-only rule to reduce mercury emissions from power plants.

5/5/2006