North Carolina has a mercury problem. Mercury is a known neurotoxin that is particularly damaging to fetuses (exposed through their mothers) and young children. The main path of exposure for humans is eating fish with high levels of mercury. Nationally, one in eight women of childbearing age has high mercury levels. In North Carolina, testing of fish by Riverkeeper groups has found unexpectedly high numbers of contaminated fish in the Neuse and Tar-Pamlico river basins. All waters east of I-85 are under fish advisories for mercury, and we suspect that waters west of I-85 probably would be as well if they were tested. 

North Carolina's 14 coal-fired power plants account for 70% of mercury emissions. In 2002, the state passed the landmark Clean Smokestacks Act to control nitrogen oxide and sulfur oxide emissions from coal-fired power plants. These controls are expected to have the side effect of reducing mercury emissions by 60% to 65% by 2013. Specific mercury reduction targets were omitted from the Clean Smokestacks bill with the understanding that the federal Environmental Protection Agency (EPA) was working towards a Maximum Achievable Control Technology standard that would result in a 90% reduction by 2008. Instead, in early 2005, the Bush Administration released a weak federal rule that calls for a 69% reduction of mercury by 2018, and that allows trading and banking of credits that could delay on-the-ground reductions for decades beyond that date. 

North Carolina had the option of adopting a stronger mercury reduction rule than the federal rule, and in 2006 did adopt a slightly stronger rule, but not as good as it could have been. The North Carolina Environmental Management Commission (EMC), the appointed state rulemaking body, adopted a rule that requires no further reductions beyond the Clean Smokestacks Act (60-65%) until after 2013, and with any further reductions to be determined after that date based on what is 'economically and technologically feasible' using Best Available Control Technology. In theory this should mean that plants can achieve 90% reduction by 2018; that is stronger than the Bush Administration's mercury rule, but advocates argue that 90% reduction could and should be achieved by 2010. The NC rules also allow banking and trading of pollution credits in some circumstances. 

Latest News

Several environmental groups, including Southern Environmental Law Center, challenged the Bush Administration's approach to controlling mercury, and, in January 2008, won a major victory at the US Court of Appeals.  For more information visit SELC.

Timeline at a Glance

2002.  North Carolina adopts the Clean Smokestack Act, which will control nitrous oxides and sulfur dioxide and have the added side effect of reducing mercury pollution by 60% to 65% by 2013. State officials anticipate a new federal rule that would require 90% mercury reductions by 2008. 

2005.  The Bush Administration issues a weak mercury rule that calls for a 69% reduction (on paper) by 2018, and allows trading and banking of credits that delay actually meeting reduction targets for decades beyond that date.

2005. The association of state air regulators (STAPPA-ALAPCO) issues a model mercury rule calling for an 80% reduction by 2008 and 90-95% reduction by 2012, and prohibiting pollution trading.

2006. The NC Environmental Management Commission adopts a state mercury rule that delays setting a higher bar for mercury reductions until 2013, to be based on what is technically and economically feasible at that time.

2007. Over 30 environmental groups challenge the Bush Administration's approach to controlling mercury  in court.

2008. Environmental groups win major victory at US Court of Appeals, DC Circuit, which will require proposed coal plants to install stringent mercury controls and require EPA to develop similar standards for existing plants.

Links

Southern Environmental Law Center - mercury information

Sierra Club - mercury information

NC Fish Consumption Advisory

U.S. EPA Clean Air Mercury Rule

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Last updated 03-06-08