[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[EXTENSIO]
[Pages 28606-28608]
[From the U.S. Government Publishing Office, www.gpo.gov]




          INTRODUCTION OF THE HEALTHY AIR AND CLEAN WATER ACT

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                        Monday, October 29, 2007

  Mr. McHUGH. Madam Speaker, I rise today to introduce the Healthy Air 
and Clean Water Act. This legislation, drafted with the valued input 
and assistance from my constituents from the 23rd Congressional 
District of New York, is designed to combat four pollutants--mercury, 
carbon, nitrogen oxide, and sulfur dioxide--that are decimating our 
Nation's environment.
  I have the distinct privilege of representing one of the largest 
congressional districts east of the Mississippi River. The district 
stretches from Lake Ontario on the west to Lake Champlain on the east, 
and is capped by the magnificent St. Lawrence River, with its famous 
Thousand Islands region. The district also includes the Adirondack 
Park, which is bigger than the Grand Canyon, Glacier, Yellowstone, and 
Yosemite National Parks combined and is world-renowned for its pristine 
beauty.
  The environmental beauty of the region is not only enjoyed by my 
northern and central New York constituents, it also supports a vibrant 
tourism industry, with many choosing to visit in order to partake in 
such activities as boating, hunting and sport fishing. In addition, 
downhill and cross country skiing, snowmobiling, and ice fishing are 
but a few of the winter activities associated with the region that has 
twice been home to the Winter Olympics.
  The Healthy Air and Clean Water Act would require the reduction of 90 
percent of mercury emissions from coal-fired power plants by 2011. The 
need for this legislation is clearly illustrated by the fact that, due 
to high levels of mercury contamination, everyone within New York State 
is now advised to eat no more than one meal per week comprised of fish 
taken from New York State waters. Sadly, women of childbearing age and 
young children have been warned not to eat any of six types of fish 
caught from 55 bodies of water within the Adirondack Park area. Frankly 
stated, Madam Speaker, this state of affairs is unacceptable.
  Carbon emissions are a leading cause of global warming and thus a 
threat to our environment as well as the economy of my district and 
throughout the country. Thus, the Healthy Air and Clean Water Act would 
reduce carbon dioxide emissions by 80 percent from the 2005 levels in 
the year 2050.
  The bill also seeks to address acid rain, which is principally caused 
by the effects of nitrogen oxide and sulfur dioxide. Specifically, by 
January 1, 2010, the bill would require nitrogen oxide and sulfuric 
dioxide emissions to be reduced to 75 percent of the levels that these 
pollutants reached in 1997. As a lifelong resident of New York's north 
country, I have seen firsthand the impact acid rain has had upon the 
Adirondack Park and its High Peaks region. In fact, I am alarmed by the 
vast area of the Adirondack Mountains that has been ravaged by this 
silent killer; close to 700 lakes and ponds in the Park are too acidic 
to support their native plant and aquatic wildlife.
  It is important to note, Madam Speaker, that acid rain's impact is 
far from limited to the Adirondacks alone. In Virginia, thousands of 
miles of Appalachian trout streams are at risk of becoming chronically 
acidic and thus unable to support wild brook trout populations. In the 
southern Appalachians, acid rain is altering soil chemistry and 
leaching valuable nutrients from the soil. And in Vermont, acid rain 
has killed more than half of large-canopy red spruce in the Green 
Mountains and approximately one-quarter of large-canopy red spruce in 
the White Mountains. Sadly, acid rain is also reducing sugar maple 
trees in central and western Pennsylvania as well.
  In response, the Healthy Air and Clean Water Act would authorize 
funding for the operation and modernization of a number of programs 
that monitor the impact these pollutants have on our environment. These 
include, but are not limited to, the Clean Air Status and Trends 
Network, the National Atmospheric Deposition Program National Trends 
Network, and the National Atmospheric Deposition Program Mercury 
Deposition Network. My bill would further require the Environmental 
Protection Agency to submit reports to Congress to identify objectives 
that protect sensitive regional ecosystems, including but not limited 
to the Adirondack, mid-Appalachian, Catskill, Rocky, and Southern Blue 
Ridge Mountain ranges and water bodies of the Great Lakes, Lake 
Champlain, Long Island Sound, and the Chesapeake Bay.
  Madam Speaker, as is often the case with proposed legislation, some 
may argue that my bill goes too far, while others may claim that it 
does not go far enough. However, while Congress continues the important 
and needed debate in our quest to craft the perfect global warming 
legislation, our constituents and environment wait. We cannot allow the 
perfect to become the enemy of good. Similarly, we cannot afford to 
commit a sin of omission. If we do not begin to take action now, clean 
and viable healthy waters and forests might well

[[Page 28607]]

become a distant memory. There are always tradeoffs in public policy 
and I firmly believe the benefits of acting in this instance far 
outweigh all potential costs, particularly those of inaction.
  I'd like to include, for the record, 2 letters of support for my 
bill, 1 from The Adirondack Council and the other from the Adirondack 
Mountain Club.
  We can see the impact these four pollutants are having upon our 
environment and our health. The Healthy Air and Clean Water Act would 
address and reduce that impact and I urge my colleagues to join with me 
as I work to enact it into law.


                                     Adirondack Mountain Club,

                                                 October 10, 2007.
     Re Healthy Air and Clean Water Act.

     Hon. John McHugh
     Rayburn House Office Building,
     Washington, DC.
       Dear Congressman McHugh: On behalf of the Adirondack 
     Mountain Club, ADK, we would like to take this opportunity to 
     express our strong support for your Healthy Air and Clean 
     Water Act. We believe that passage of this four-pollutant 
     bill is critical to achieving greater reductions in harmful 
     nitrogen oxide, sulfur dioxide, mercury and carbon dioxide 
     emissions.
       ADK, a membership organization representing approximately 
     30,000 hikers, paddlers and cross-country skiers, advocates 
     for the protection and responsible use of New York's Forest 
     Preserve and other wild lands and waters.
       We have a critical stake in the continued vitality of the 
     federal Clean Air Act to effectively reduce air pollution 
     from coal-fired electric generating facilities. Enforcement 
     of the Clean Air Act has already resulted in significant 
     reductions in air pollution emissions that are harmful to 
     human communities, aquatic life and forest ecosystems in the 
     Appalachians, Hudson Highlands, Catskills, Adirondacks and 
     White Mountains. However, more needs to be done and we 
     believe that your Healthy Air and Clean Water Act will lead 
     to even greater reductions in air pollution,


                             Carbon Dioxide

       Carbon dioxide emissions have been scientifically linked to 
     global climate change. ADK is very pleased that the Healthy 
     Air and Clean Water Act would cut carbon emissions from coal-
     burning power plants by 80 percent by 2050. Further, the 
     requirement that EPA establish a market-based carbon 
     emissions trading program by 2010 will provide an economic 
     incentive for power plants to reduce carbon emissions.
       Climate change threatens the local economies of the 
     Adirondacks, Catskills and other areas that rely heavily on 
     winter sports, such as snowmobiling, downhill and cross-
     country skiing and snowshoeing. Also, a study by the National 
     Wildlife Federation found that lower summer stream flows and 
     higher stream temperatures due to global warming could 
     significantly reduce habitat for brook trout and other cold-
     water fish in New York.
       As temperatures rise; the Adirondacks could be plagued by 
     tree-destroying pests such as the Sirex woodwasp, hemlock 
     woolly adelgid and Asian longhorned beetle.
       We believe that the carbon dioxide cuts included in the 
     Healthy Air and Clean Water Act are critical to reducing the 
     impact of the many threats posed by global climate change.


                                Mercury

       ADK also supports the legislation's proposed cuts for 
     hazardous mercury emissions. A 90 percent reduction in 
     mercury emissions by 2011 is critical to addressing the 
     devastating impacts of mercury on public health and wildlife.
       A 2007 independent study by Charles Driscoll and the 
     Hubbard Brook Research Foundation estimated that mercury 
     emissions from US coal-fired power plants are responsible for 
     40 percent to 65 percent of mercury deposition in the 
     Northeast. Current levels of mercury deposition in the 
     Northeast are four to six times higher than the levels 
     recorded in 1900. Ninety-six percent of the lakes in the 
     Adirondack region and forty percent of the lakes in New 
     Hampshire and Vermont exceed the recommended EPA action level 
     for methyl mercury in fish. High mercury levels in fish from 
     six reservoirs in the Catskills have prompted advisories that 
     infants, children under the age of 15, and women of 
     childbearing age should not eat any fish from these 
     reservoirs. Further, mercury is present in two-thirds of 
     Adirondack loons at levels that negatively impact their 
     reproductive capacity, posing a significant risk to their 
     survival.
       The Healthy Air and Clean Water Act, if enacted, would 
     significantly reduce harmful mercury emissions and penalize 
     those coal-fired electric generating facilities that do not 
     comply with the new standard. The legislation also requires 
     the Environmental Protection Agency (EPA) to promulgate 
     regulations regarding monitoring systems to measure mercury 
     emissions. Monitoring systems are a critical component in 
     effectively enforcing the new mercury standards.


                   Nitrogen Oxide and Sulfur Dioxide

       The Healthy Air and Clean Water Act will reduce nitrogen 
     oxide and sulfur dioxide emissions from power plants by 75 
     percent from 1997 levels by January of 2010. Such a reduction 
     is critical to reducing the scourge of acid rain and acid 
     deposition in New York.
       As a result of acid rain, a. quarter of the lakes and ponds 
     in the Adirandacks have become too acidic to support aquatic 
     life. Acidic precipitation also depletes calcium from forest 
     soils, leaving sugar maple and red spruce trees more 
     vulnerable to insects and winter kill. Since the 1960s, more 
     than one half of the large canopy red spruce in the 
     Adirondack and Green Mountains and one quarter of large 
     canopy red spruce in the White Mountains have died.
       ADK strongly supports the legislation's provision closing 
     the existing loophole allowing old coal-burning power plants 
     that were grandfathered from the Clean Air Act to continue 
     operating without complying with the most recent new source 
     performance standards. The new standards must be met either 
     on the power plant's 30th birthday or within five years after 
     the enactment of the act. As you know, the Adirondacks and 
     other wild lands and waters in the Northeast are located 
     downwind of many of these unremediated power plants whose 
     emissions have damaged lakes and forests in these regions, as 
     mentioned above. Further, ADK supports the legislation's 
     balanced approach to regulating nitrogen oxide and sulfur 
     dioxide through the use of market oriented mechanisms such as 
     emissions trading, auctions or other allocation methods in 
     order to achieve compliance with the emissions reduction 
     requirements.


                          Reports and Funding

       ADK supports the legislation's requirement that the EPA 
     submit a report to Congress by 2010 identifying objectives to 
     protect sensitive regional ecosystems, such as the Adirondack 
     Mountains. By 2019, the EPA will have to determine if the 
     emissions reductions are sufficient to ensure that the 
     objectives contained in the report are met. If not, EPA will 
     have to promulgate regulations to ensure that said objectives 
     are met.
       As mentioned above, the Adirondack Mountains and other wild 
     lands and waters in the Northeast have been seriously 
     impacted by air pollution emitted by coal-fired electric 
     generating power plants. The report and subsequent 
     regulations if needed will ensure that these sensitive areas 
     are better protected from the devastating effects of air 
     pollution.
       The funding measures contained in the legislation are also 
     important. The authorization of funding for critical clean 
     air networks and programs such as the National Atmospheric 
     Deposition Program National Trends Network will provide 
     needed support for continued monitoring of air pollution and 
     its effect on the environment.
       ADK strongly supports the Healthy Air and Clean Water Act. 
     We believe that, if enacted, it will lead to significant and 
     necessary reductions in nitrogen oxide, sulfur dioxide, 
     mercury, and carbon dioxide emissions.
       We look forward to working with you and your staff as this 
     legislation advances through the legislative process.
           Sincerely,
     Neil F. Woodworth,
       Executive Director.
     Marisa Tedesco,
       Conservation and Legislative Director.
                                  ____



                                       The Adirondack Council,

                                                 October 15, 2007.
     Hon. John McHugh,
     House of Representatives,
     Washington, DC.
       Dear Mr. McHugh: On behalf of the entire Board of Directors 
     and staff of the Adirondack Council, I write to thank you for 
     introducing the Healthy Air and Clean Water Act. This bill, 
     if passed into law, would have profound benefits for the 
     Adirondack Park of upstate New York.
       Numerous studies have shown that the Adirondack Mountains 
     have suffered some of the most devastation in the country due 
     to the scourge of acid rain, caused by the emissions of 
     sulfur dioxide and nitrogen oxides, which often come from 
     Midwestern coal burning power plants. This has caused great 
     damage to the forest of the over one million acres of true 
     Wilderness within the Adirondack Park, as well as having 
     nearly 700 water bodies lose their ability to sustain their 
     native fish populations due to their unnaturally low pH.
       In addition, the New York State Department of Health 
     advises that women of childbearing age and children under age 
     15 should not eat any of six varieties of fish taken from 
     either Adirondack or Catskill water bodies due to high levels 
     of mercury contamination. Another eight species should not be 
     consumed by women and children more than once a week for the 
     same reason.
       More recently, studies have concluded that if there is not 
     a dramatic decrease in the emissions that cause climate 
     change, upstate New York, including the Adirondack Park, may 
     have the climate currently associated with southern states 
     like Virginia or Georgia by the end of the century. This 
     would create tremendous problems for the Adirondacks. Warmer 
     weather would lead to the invasion

[[Page 28608]]

     by more exotic species, harming our native flora and fauna. 
     Some species of trees associated with the colder climate of 
     New York would slowly begin to move north to the cooler 
     temperatures of Canada. Birds, such as the rare Bicknell's 
     Thrush, would also leave New York in search of cooler 
     breeding habitat. In addition, there would be many fewer days 
     with snow cover on the ground in the Adirondacks, greatly 
     diminishing the winter tourism economy, now associated with 
     activities such as cross country and downhill skiing, 
     snowmobiling, snowshoeing and ice fishing.
       Once again, we wholeheartedly support your legislation, the 
     Healthy Air and Clean Water Act, and will actively encourage 
     your colleagues to become co-sponsors of it and pass it in 
     the House of Representatives as soon as possible. We thank 
     you once again for all of your efforts to limit the negative 
     impacts of all four of the pollutants in your bill. We look 
     forward to working with you to secure its passage and protect 
     the people and environment of the Adirondack Park.
           Sincerely,
                                                 Brian L. Houseal,
     Executive Director.

                          ____________________