IMPORTANT PUBLIC COMMENT PERIOD FOR VIRGINIA MERCURY REGULATIONS
Comments Due by November 20, 2006
The Virginia Department of Environmental Quality (DEQ) is holding a public comment period to receive input on the development of regulations to control airborne emissions of toxic Mercury.

Background:
EPA estimates that between 300,000 and 600,000 or more children may be born each year with unhealthy levels of toxic mercury in their bodies.  When a pregnant woman eats mercury-contaminated fish, her developing fetus may be exposed to that mercury contamination, which causes the child to suffer developmental and learning disabilities, reduced IQ, and impaired motor skills. Notwithstanding this science, EPA has proposed an ineffective mercury trading program that fails to protect public health and the environment.  States are now submitting “implementation plans” to either join the EPA program or develop their own programs that are “at least as stringent” as EPA’s.

In 2006, the Virginia General Assembly mandated that DEQ develop regulations to allow Virginia’s big power companies to participate in the EPA trading program.  The legislation left open, however, discretion for DEQ to strengthen the Virginia rule.  DEQ is now in the process of seeking comments on the development of mercury regulations. 

Talking Points for Comments:
1 - Given the latest, research on mercury hot spots, it is imperative that DEQ take advantage of all available options under state and federal law to tighten mercury controls to best protect the health and welfare of Virginia’s families.
EPA’s own research on mercury demonstrates that EPA’s trading program is fatally flawed. A recent published, peer-reviewed study, funded by EPA in collaboration with the University of Michigan, found that as much as 70 percent of mercury pollution in waters was from local sources. Under EPA’s cap-and-trade system, some power plants would choose to buy credits to continue emitting high levels of toxic mercury. EPA’s latest study shows that the cap-and-trade approach will lead to mercury “hot spots”—local areas of high mercury concentrations and exposures – near power plants that choose to use credits rather than install modern, efficient pollution controls.
2 - Virginia MUST create a public-health set aside.   
Under a public health set-aside, a percentage of mercury allowances are not given to any source.  Instead, the Commonwealth retains and retires these allowances for the benefit of public health, guaranteeing that the toxic mercury credits “set aside” are never released into the environment. A public health set-aside is the single most effective way – within EPA’s weak and ill-advised trading program – to improve air quality. 
3 - We support DEQ’s decision to include a set-aside for energy efficiency and renewable energy projects. 
DEQ has proposed creating a set aside for energy efficiency and renewable energy projects.  This set-aside would take a percentage of mercury allowances away from fossil-fuel based sources and instead allocate them to more environmentally responsible projects.  Every form of energy production – including renewable energy – carries with it adverse environmental impacts.  At the same time, setting aside credits for renewable forms of energy that emit no mercury into the atmosphere can also be an effective measure – along with a strong public health set-aside – to reduce emissions of toxic mercury. 
4 - State law requires that DEQ impose restrictions on the trading of toxic mercury credits in areas where EPA has already determined that air quality is unhealthy.   DEQ’s regulations must reflect this requirement.
Virginia Code specifies that power companies in EPA-designated “nonattainment areas” cannot purchase credits from other companies to comply with their state and federal  “mercury compliance obligations.” It is important that this restriction on trading be implemented for both federal and state compliance programs.
5 - DEQ must also regulate other industrial sources, besides power plants, which are significant emitters of mercury. 
Unfortunately, the 2006 state law greatly limits DEQ’s ability to control mercury emissions from coke oven batteries or scrap metal recyclers.  However, other major industrial sources of mercury should be required to install modern pollution controls.   Based on data collected by EPA, approximately one-third of the top 35 emitters of mercury in Virginia are industrial sources that will not be controlled by EPA’s trading program, but can and should be controlled by DEQ.
6 - DEQ must complete its required mercury study much sooner than October 15, 2008. 
Legislation passed by the General Assembly in 2006 requires DEQ to further study airborne mercury pollution in Virginia, and provide recommendations for further action “as soon as practicable, but no later than October 15, 2008.”  Given that the latest research shows us that as much as 70% of toxic mercury contamination comes from local airborne sources of pollution, DEQ should not wait to complete its study.   Two years is far too long to wait for a response from DEQ on this important, public health and environmental problem.

Submit Comments to:
Mary E. Major, Environmental Program Manager
Office of Regulatory Development
Department of Environmental Quality
Email: memajor@deq.virginia.gov
Fax: 804-698-4510
For more information: please contact Cale Jaffe, Staff Attorney, Southern Environmental Law Center, cjaffe@selcva.org , 434-977-4090.

HELP MAKE HISTORY AT CHANCELLORSVILLE
Hearing to Save Hallowed Ground, November 14, 2006 at 6:30 p.m.
Spotsylvania County Board of Supervisors will consider a rezoning proposal to preserve 74 acres of the First Day at Chancellorsville Battlefield.  The site is contiguous with 140 historic acres already saved by the Civil War Preservation Trust (CWPT), Spotsylvania County, and its partners in the Spotsylvania Battlefields Coalition. The property, located on the western half of the former Mullins Farm, was the scene of bloody fighting on May 1, 1863.  It was also where Confederate General Robert E. Lee seized the initiative from the Union Army and held it until Pickett’s Charge at Gettysburg two months later.

The key to preserving the battlefield is an agreement reached between CWPT, Spotsylvania County, and Toll Brothers, Inc., to set aside 74 acres of hallowed ground in exchange for 33 additional homes on non-battlefield land (Toll Brothers already has approval for 163 houses). Eleven preservation groups, including the National Trust for Historic Preservation and the Central Virginia Battlefields Trust, have expressed support for the proposal. However, this is not a done deal. Supporters of battlefield preservation are needed to attend the public hearing and express support for another “win-win” rezoning deal at Chancellorsville – and be sure to thank the Board of Supervisors too!
Location: Holbert Building in Spotsylvania Court House. 
For meeting details visit :http://www.civilwar.org/preservation/chancellorsville/getinvolved_tollbrothers_91206.html
For more information contact:
Jim Campi or Jenny Cross of CWPT at 202-367-1861