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Comments on Acid Rain Deposition Reduction NOx and SO2 Budget Trading Programs Memorandum

Comments by Citizens Campaign for the Environment
Submitted to the New York State Department of Environmental Conservation
October 12, 2004

Citizens Campaign for the Environment (CCE) is an 80,000 member, not-for-profit, non-partisan advocacy organization working to protect public health and the natural environment throughout New York State. CCE operates from five regional offices across New York State and interacts with New York residents to advance sound environmental policies throughout the year.

CCE appreciates the opportunity to testify on the emergency adoption of a Nitrogen Oxide and Sulfur Dioxide Budget Trading Program. Although finalized last year, the regulations reducing power plant nitrogen oxide emissions by 75% and sulfur dioxide emissions by 50%, were overturned last May on a technicality. CCE applauds Governor Pataki and the New York State Department of Environmental Conservation for their continued commitment to improve air quality for all New Yorkers and to protect our cherished landscape from the damaging effects of power plant emissions.

Recognizing New York State’s national leadership on effective policies to address and improve air quality, CCE urges the Department and the Governor to pursue additional significant reductions in nitrogen oxide, sulfur dioxide, mercury, and carbon emissions to improve air and water quality, and to reduce leading greenhouse gas emissions found to contribute to global climate change. In addition to our testimony today, CCE will be submitting detailed formal written comments by the end of the public comment period.

On behalf of CCE, I thank Governor Pataki for his demonstrated commitment and leadership on establishing a policy framework that encourages the growth of clean, renewable energy generation and consumption across New York State. CCE believes that increased generation and use of clean, renewable energy, coupled with energy efficiency will result in the reduction of nitrogen oxide, sulfur dioxide, mercury, and carbon emissions from conventional fossil fuel power plants. CCE especially appreciates the Governor’s outstanding contribution to clean, renewable energy exemplified by:

• Executive Order 111---requires all state entities and agencies to obtain 10% their energy by non-hydro power, renewable energy by 2010 and 20% by 2020.
• Renewable Portfolio Standard (RPS)---requires 25% of energy sold in New York State to be generated by clean, renewable energy by 2013.
• Off Shore Wind Development—Governor Pataki has been a leader in helping to bring the first off-shore wind farm development to the shores of Long Island

Specifically, CCE urges the NYSDEC to adopt:

1. Permanent extension of current summer-season regulations to the winter months, which will result in a subsequent 75% reduction of nitrogen oxide emissions. CCE believes that if nitrogen oxide emissions can be reduced in the summer, these reductions should be extended to benefit New Yorkers all year long.
2. A deeper cut in sulfur dioxide to 75% below current allowable federal requirements. CCE believes this air pollutant reduction provides additional health benefits and environmental protection to our sensitive populations, our children and elderly and to our most sensitive landscapes, the Adirondacks.
3. Standards requiring a 90% reduction in mercury emissions from power plants. The United State Environmental Protection Agency (EPA) recognizes mercury to be a bioaccumulative toxic heavy metal, which has been found to lead to reproductive, neurological, and developmental damage in humans and other living things. Mercury pollution is contaminating New York’s fish and shellfish. Many members of the public consume fish and shellfish from our waterways resulting in increased health risks particularly to children and developing fetus. Recognizing the toll mercury contamination has taken on New York’s public health and environment, the Department took a strong and vocal leadership role opposing the proposed EPA mercury rule for being inadequate and illegal. The largest source of unregulated current mercury contamination is from power plants. Most of the mercury that falls in New York's lakes and streams comes from only 50 to 500 miles away, showing that reductions from power plants within the state will reduce mercury levels throughout New York. CCE believes New York State should promulgate mercury emission control regulations to ensure that future generations of New Yorkers and our tourists can both recreationally and commercial fish and consume fish from waters of our state. CCE urges the Governor and Department to lead the state, region, and nation to reduce mercury pollution.
4. A limit on carbon dioxide emissions from power plants that is at least 30% below 1990 levels in the short term. CCE further urges the Department to institute carbon emission limits that mitigate New York's contribution to greenhouse gases, which has been found to be the leading contributor to global climate change. CCE recognizes New York’s active role with the Regional Greenhouse Gas Initiative (RGGI), and urges the swift adoption of carbon dioxide emissions reduction target.

CCE believes that New York State adopting the above policies both complement and reinforce Governor Pataki’s commitment and to clean air, water, and increased energy dependence for all New Yorkers.

Thank you for the thoughtful consideration of our comments.

Respectfully Submitted,

William Cooke
Director of Government Relations