Schumer: New Fed Court Ruling Is Dramatic Setback For Progress On Acid Rain Across Adirondacks - Will Announce Push For New Bill To Overrule Court And Decrease Emissions

Federal Court Suddenly Ended a Three-Year-Old EPA Program Which Would Have Sharply Reduced the Power Plant Emissions That Threaten Lakes and Indigenous Trees Across the Region Schumer to Announce Push to Pass Bill That Would Curb the Most Harmful Pollutants

U.S. Senator Charles E. Schumer today blasted a new federal court ruling that suddenly ended a three-year-old Environmental Protection Agency (EPA) program, the Clean Air Interstate Rule (CAIR), which would have curbed the emissions which cause acid rain across the Adirondacks and Upstate New York. The emissions severely exacerbate pollutants, including particulate matter and generate ozone, that cause acid rain. Acid rain destroys the Adirondack's lakes, streams and ponds, killing fish and damaging the recreational fishing and tourism industries across the region. Acid rain also destroys indigenous New York trees including the Adirondack Park's alpine, low-land boreal and sugar-maple forests.

Under the former EPA regulation, states would have controlled the emissions from their power plants by opting for one of two enforcement programs. But now, the federal court's action paves the way for power plants to avoid installing vital pollution-fighting equipment. If regulation of these harmful pollutants like sulfur dioxide and nitrogen oxide is not reinstated, acid rain, thousands of preventable health problems, and hazardous smog could dramatically increase across the Adirondacks and beyond.

To protect the health and environment of Adirondack and North Country residents, Schumer is fighting to pass legislation that would put pollution-fighting regulations in place. The legislation would establish national limitations on emissions for power plants. Without the limitations, hazardous emissions blowing from power plants across the nation could continue to threaten the health and environment of New York.

"Acid rain has been plaguing the Adirondack's lakes, plants, and trees for years but we have been working hard to stop the problem at its source by curbing pollution-causing power plant emissions. But this court ruling turns back the clock on all our hard work. When it comes to the lakes we swim in and the forests we play in, we cannot afford to go from bad to worse," Schumer said. "Getting rid of this rule is an unfortunate move that will damage the Adirondacks and harm the health of residents across the North Country. I am going to use every tool in the toolbox to get this common-sense rule reinstated."

This month, a federal court eliminated a three-year-old Environmental Protection Agency program — CAIR— that placed cap-and-trade regulations on power plants to cut back on dangerous pollution-causing emissions into the air. Now, pollutants causing acid rain, smog, and particulate matter are more easily able to travel in the air from power plants - harming the lakes, trees, and plants in the Adirondacks. The pollutants also damage air quality and posing respiratory problems for residents in highly populated regions.

Under the former EPA regulation, states would have controlled the emissions from their power plants by opting for one of two enforcement programs. The federal court's action paves the way for power plants to avoid installing vital pollution-fighting equipment.

Acid rain has already devastated the Adirondacks. Of the Park's approximately 2,800 lakes and ponds, acid rain has made a fourth of them into "dead lakes" - lakes whose pH is so acidic that the native fish and plants die. And acid rain damages trees and other plants, leading to weak trees that succumb to pests and pathogens quickly. Acid rain will make the Adirondacks more vulnerable to bugs like gypsy moths, emerald ash borers, and wood wasps.

But in the past few years, there have been significant improvements in the health of the Park. By curbing sulfur dioxide emissions, we have seen fewer lakes destroyed by acidification. Scientists report that some of these formerly dead lakes are now able to support fish again. They have introduced brook trout to several locations, and the fish have survived and started breeding. Such important gains will be lost if sulfur dioxide emissions creep back up, leading to more dead lakes - which means less tourism for the Park.

The court ruling eliminated CAIR, which mandated one of the largest reductions in air pollution since 1990's Clean Air Act Amendments. Under CAIR, states would control the emissions from their power plants by opting for one of two enforcement programs. The states either required power plants to participate in an interstate cap and trade system that caps emissions in two stages, or the state could choose to enforce individual state air emission limits through measures of their own choosing.

New York State is greatly affected by the emissions blowing from power plants in Midwestern and other neighboring states, such as Ohio, West Virginia, Michigan and Pennsylvania. Emissions blowing from these states highly contribute to the pollution and acid rain that harms the environment and health of residents. According to the EPA, the rule would have greatly reduced sulfur dioxide and nitrogen oxide emissions that are the root cause of the health and environment problems. For example, according to the EPA, Ohio power plants emitted 1.2 million tons of Sulfur Dioxide (SOX) in 2003. With CAIR, the emission would have been cut to 208,000 tons by 2015, a dramatic 82% decrease. For mono-nitrogen oxides, Ohio power plants emitted 355,000 tons in 2003, but under CAIR, it would be reduced to 83,000 tons, a 77% decrease. In West Virginia, power plants emitted 540,000 tons of S02 and 118,000 tons of Nitrogen Oxide (NOX) in 2003. With CAIR, SO2 would have been cut to 203,000 tons and Nox would have been cut to 44,000 by 2015.

According to the EPA, the rule would have greatly reduced sulfur dioxide and nitrogen oxide emissions. In 2003, New York State power plants emitted 254,000 tons of SOX. With CAIR, the emission would have been cut to 49,000 tons by 2015, a dramatic 83% decrease. For NOX, New York State power plants emitted 66,000 tons in 2003 but under CAIR, it would be reduced to 23,000 tons by 2015.

By 2020, EPA estimates that this rule would be preventing 22,000 premature deaths every year. The rule would also prevent 29,000 non-fatal heart attacks, 510,000 cases of respiratory symptoms, 360,000 cases of asthma exacerbation, 2 million work loss days, 430,000 school absence days, and 12 million minor restricted activity days. EPA estimates that all of these avoided medical costs would save the economy $120 to $140 billion every year.

If new legislation is not passed, hazardous pollution -- in the form of nitrogen oxide, sulfur dioxide and particulates -- could dramatically increase across the Adirondacks and beyond.

To protect the environment of the Adirondack region, Senator Schumer, standing at the Olympic Ski Jumping Complex, announced his push to pass legislation that would establish national limitations on emissions for power plants. Without the limitations, hazardous emissions blowing from power plants across the nation could continue to threaten the lakes, trees and plants in the Adirondacks.

"The elimination of these regulations is not something we can just sit back and let happen. We will work hard to pass this new legislation so that we may continue to enjoy the majesty of the Adirondacks," Schumer said.

"We are grateful for Senator Schumer's commitment to work to reinstate the emissions reductions that had been required under the Clean Air Interstate Rule," said John F. Sheehan, spokesman for the Adirondack Council, a regional environmental organization that has been working to stop acid rain since 1975. "New York will suffer some of the worst effects in the nation if the gains we have made under the rule are reversed. We too urge the US Environmental Protection Agency (EPA) to appeal this poor court decision, regardless of any other action it might take to reinstate the rules. At the same time, we are pleased to see that Senator Schumer will lead New York's Congressional delegation in working toward a speedy solution to this crisis. Next year, when there is a new Congress and Administration in place, the Adirondack Council will advocate for strong multi-pollutant legislation that will make even deeper cuts in sulfur and nitrogen and also address the pressing concerns of mercury and carbon dioxide."

"New York's air quality is in danger. Without the Clean Air Interstate Rule, approximately 1,500 New Yorkers will die prematurely because of power plant pollution each year according to the EPA. New York is already home to 30 counties that fail to meet the minimum air quality standards. As a downwind state, and without federal controls in place to cut power plant pollution from states to the west and south, we will continue to be on the receiving end of devastating amounts of pollution like sulfur dioxide and nitrogen oxides that contribute to ozone, smog, acid rain, and soot," said Dave Gahl, Policy Director, Environmental Advocates of New York.

The bill, S.1177 would establish a national cap-and-trade system for power plants. It would restrict the four major types of air pollution they produce: NOx, SOX, CO2, and mercury.

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