National Tribal Environmental Council

On May 5, 2011, several Tribal Air Pollution Professionals attended a call regarding the U.S. Environmental Protection Agency's (EPA's) proposed standards to limit mercury, acid gases and other toxic pollution from power plants. This rule is expected to keep 91 percent of the mercury in coal from being released to the air. Harmful particle pollution will also be reduced, preventing hundreds of thousands of illnesses and up to 17,000 premature deaths each year.¹ EPA has proposed this rule since currently there are no national limits on the amount of mercury and other toxic air pollution released from power plant smokestacks. EPA made the determination for this rule under the Clean Air Act section 112.

EPA is further proposing to revise the new source performance standards (NSPS) for fossil-fuel-fired EGUs. This NSPS would revise the standards that new coal- and oil-fired power plants must meet for particulate matter (PM), sulfur dioxide (SO2), and nitrogen oxides (NOx).

Tribes may be impacted by this rule if it is promulgated since toxic air pollutants from coal- and oil-fired power plants are known to cause serious environmental and health impacts. Numerous toxic metals are released from the combustion of coal. These toxins include arsenic, chromium and nickel that are known to contribute to certain cancers. Mercury and many of the pollutants released by coal-fired power plants contribute to environmental damage, and may have negative impacts on Tribal cultural sites, destroying areas like forests and pure, clean waters. These toxins are also known to pollute Tribal lakes and streams, causing fish and other subsistence foods to be damaged and destroyed.

Once mercury from the air reaches water, microorganisms can change it into methylmercury, a highly toxic form that builds up in fish. People are primarily exposed to mercury by eating contaminated fish. Methylmercury exposure is a particular concern for women of childbearing age, unborn babies, and young children. Mercury is known to be harmful to the developing brains of children by affecting memory, attention, language, fine motor skills, and visual spatial skills.

According to EPA, by reducing toxic power plant emissions, the value of the improvements to health alone will total $59 billion to $140 billion in 2016. This means that for every dollar spent to reduce pollution from power plants, there is $5 to $13 in health benefits.

Earlier this year, in February 2011, two Tribes, moderated USEPA listening sessions attended by "stake-holder groups," at Region 5 (Chicago, IL) on February 17, 2011. At the table, on the Listening Session panel, were Gina McCarthy of OAR, two policy personnel from OAQPS, two tribes (Fond du Lac Band of Lake Superior Chippewa and Mille Lacs Band of Ojibwe), two states (California and Illinois), two state organizations (NACAA and ECoS) and nine other state and local air agencies.

EPA had expressed their desire for more tribal participation, however, EPA invited only a small number of recommended tribal personnel for the session, and omitted the option of participation by telephone for tribes, as states and local air agencies had done.

The NSPS for GHG, is still in its early stages and there are upcoming opportunities for a greater number of tribal participants in the coming dialogue among all groups. Fond du Lac and Mille Lacs have encouraged USEPA to solicit input from other tribal environmental professionals beyond air, and to contact tribal organizations such as NTAA, NTEC, ITEP and NCAI, as impacts of GHG extend far beyond air alone.²

During the February 2011 listening session, Fond du Lac and Mille Lacs described impacts by climate change in Indian Country and on other land where tribes hold interests, especially areas of cultural significance impacted directly from GHG, or from indirectly from GHGs.

During the listening session, several NGOs expressed concerns on the slowness of the USEPA in taking action on GHG issues. It was reiterated about the importance for all Tribes, agencies and stakeholders to participate in the discussion process. Another audience member, Pokagon Band of Potawatomi Indians, urged USEPA to contact all tribes to solicit input for the issue of GHG that affect all tribes of all sizes. Further, Tribes without air programs should also be contacted for input, since this has the potential to negatively impact subsistence food and storage, along with medicinal and ceremonial plants.

(Footnotes)

1 US EPA Website http://www.epa.gov/airquality/powerplanttoxics/

2 Two NTAA Member Tribes Moderate Sessions in Chicago on GHG NSPS for Power Plant and Refineries: February 28, 2011, Charlie Lippert - Mille Lacs Band of Ojibwe.