Enron Mail

From:jeffrey.keeler@enron.com
To:george.mcclellan@enron.com, daniel.reck@enron.com, kevin.mcgowan@enron.com,jeff.andrews@enron.com, adam.siegel@enron.com, janel.guerrero@enron.com, john.massey@enron.com, matthew.goering@enron.com, kevin.presto@enron.com, janet.dietrich@enron.com, e
Subject:EPA Mercury Determination
Cc:steven.kean@enron.com, michael.terraso@enron.com, richard.shapiro@enron.com,linda.robertson@enron.com, mary.schoen@enron.com, stacey.bolton@enron.com, marc.phillips@enron.com, susan.worthen@enron.com, john.shafer@enron.com, wayne.lei@enron.com, kris
Bcc:steven.kean@enron.com, michael.terraso@enron.com, richard.shapiro@enron.com,linda.robertson@enron.com, mary.schoen@enron.com, stacey.bolton@enron.com, marc.phillips@enron.com, susan.worthen@enron.com, john.shafer@enron.com, wayne.lei@enron.com, kris
Date:Thu, 14 Dec 2000 08:02:00 -0800 (PST)

EPA's Mercury determination was released today. It can be accessed at
www.epa.gov/mercury

It will likely take some time for EPA to develop these regulations -- the
time frame is proposed rule by 2003 and final rule by 2004 -- but this is a
significant step in that it now formally puts mercury on the radar screen for
power generators, in terms of planning for emissions controls.

It is a positive step that EPA included in its determination an intent to
develop "flexible" compliance measures -- i.e. trading -- for mercury. It
also means that mercury will most likely be included in any efforts to
develop "multi-pollutant" legislation in the next Congress.

Please call me if you have any questions.

_________________

THURSDAY, DEC. 14, 2000

EPA DECIDES MERCURY EMISSIONS FROM
POWER PLANTS MUST BE REDUCED

To protect public health and the environment, EPA Administrator Carol M.
Browner today announced that the Clinton Administration will require
reductions, for the first time ever, of harmful mercury emissions from
coal-fired power plants -- the largest source of such emissions in America.
After extensive study, EPA determined mercury emissions from power plants
pose significant hazards to public health and must be reduced. The agency
will propose regulations by 2003 and issue final rules by 2004.

"Mercury from power plants settles over waterways, polluting rivers and
lakes, and contaminating fish. Exposure to mercury poses real risks to public
health, especially to children and developing fetuses," Browner said. "The
greatest source of mercury emissions is power plants, and they have never
been required to control these emissions before now. Today's decision to
address this problem marks a major step forward in the Clinton
Administration's ongoing efforts to protect public health and the
environment."

Exposure to mercury has been associated with both neurological and
developmental damage in humans. The developing fetus is the most sensitive to
mercury's effects, which include damage to nervous system development. People
are exposed to mercury primarily through eating fish that have been
contaminated when mercury from power plants and other sources is deposited to
water bodies. Once mercury enters water, biological processes can transform
it into methylmercury, a highly toxic form of mercury that builds up in
animal and human tissues. EPA recommends that subsistence fisherman,
pregnant women, and others should always heed state fishing advisories.

Under the Clean Air Act, EPA is required to study toxic air pollution from
power plants in order to determine if additional regulations are necessary in
order to protect public health. EPA reported its study to Congress in
February 1998. That study concluded that of all toxic pollution examined,
mercury posed the greatest concern to public health. An earlier study
concluded that the largest source of human-made mercury pollution in
America was coal-fired power plants.

After completion of the study, the Clean Air Act required EPA to determine
whether to proceed with the development of regulations. Today, EPA is
announcing that it has affirmatively decided that mercury air emissions from
power plants should be regulated, because mercury poses the greatest hazards
to public health.

EPA will propose regulations by December 2003 and will begin developing those
regulations shortly. Industry, the public, and state, local and tribal
governments will have an opportunity to participate in the process. Then,
EPA will issue final regulations by December 2004.

The Clinton Administration already has taken a number of aggressive actions
to reduce mercury air pollution, including significantly reducing allowable
emissions from municipal waste combustors, medical waste incinerators and
hazardous waste combustors. When fully implemented in 2005, the existing
rules will reduce total human-caused mercury emissions by nearly 50 percent
from 1990 levels nationwide.

On November 11, 2000 President Clinton called for a dramatic new approach to
reduce air pollution from America's power plants. The President highlighted
the benefits of adopting a combined strategy to address all of the major
pollutants emitted by power plants, including mercury, sulfur dioxide,
nitrogen oxides and carbon dioxide. A comprehensive strategy that addresses
all of these pollutants together will provide more certainty and flexibility
to industry, making it the most cost-effective way to control the emissions
that threaten public health and the environment. As the Clean Air Act
requires, the regulatory process to control mercury will proceed under
current law. However, at the same time, the Administration encourages the
Executive Branch and the Congress to work toward legislating a comprehensive
four pollutant approach, which will benefit the public health, the
environment, and the economy.

Today's decision will appear soon in the Federal Register, but is accessible
immediately on EPA's mercury web site at: www.epa.gov/mercury Also, today
EPA is posting, on its website, mercury emissions from every coal-fired power
plant in the country. This is consistent with EPA's strong commitment to
provide citizens with information about pollution in their communities.

Jeffrey Keeler
Director, Environmental Strategies
Enron
1775 Eye Street, N.W. Suite 800
Washington, D.C. 20006
(202) 466-9157 - phone
(202) 331-4717 - fax
(888) 502-6856 or 5026856@skytel.com - pager