August 17, 2015
Dear Ohio River Caucus member,
According to the U.S. Environmental Protection Agency's Toxics Release Inventory, the Ohio
River is the most polluted river in the United States. Pollution from mercury, a potent
neurotoxin, is an increasing part of the problem. From 2007 to 2013, annual mercury discharges
into the Ohio River increased by almost 50%, from 92 pounds to 132 pounds. Now the Ohio
River Valley Water Sanitation Commission (ORSANCO) is seeking to backtrack on a 2003
commitment to implement an important protection against this rising mercury pollution. We
therefore ask you to tell ORSANCO that you support strong protections for the Ohio River
against harmful mercury pollution in advance of the October 8, 2015 meeting where ORSANCO
will decide this issue.
Mercury is a toxic pollutant that accumulates in fish and other aquatic animals. The consumption
of fish contaminated with mercury can cause significant damage to the developing nervous
systems of young children and unborn babies. ORSANCO’s own data from 2010 shows that over
40% of samples from an important fish species in the Ohio River, hybrid striped bass, contain
mercury at dangerous levels. Meanwhile, levels of mercury in the water regularly exceed
permissible levels.
In 2003, ORSANCO decided to set a deadline for the elimination of “mixing zones,” which
permit polluters to discharge mercury in the Ohio River at levels above the applicable legal
standard as long as the mercury is diluted to lower levels outside that “hot spot.” ORSANCO
recognized then that dilution does nothing to lower overall levels of mercury in the River or the
threat the chemical poses as it accumulates over time in fish. The science has not changed since
then. But, having already delayed taking this step two years beyond its original implementation
deadline of 2013, ORSANCO has now proposed to allow polluters to obtain state level variances
that could let them rely on mixing zones indefinitely – with no strong measures in place to
require any reductions in their pollution levels. A number of mercury dischargers on the Ohio
River have spent the past 12 years taking little or no action to identify and implement effective
mercury controls. The variance procedure proposed by ORSANCO would allow these polluters
to further delay effective implementation of mercury standards to protect human health, with no
end in sight.
This legal loophole is not necessary. The Clean Water Act and existing state rules provide
mechanisms for polluters to show that their discharges are not actually causing harm, or that it is
simply not feasible for them to comply with the law using existing technologies. However, they
should not be allowed to continue to discharge mercury at levels above the legal standard where
they do not qualify for those established exceptions.
The Ohio River is vitally important for the approximately 27 million people - 10% of the U.S.
population - in the Ohio River Basin and beyond who take advantage of its significant
subsistence, sport, and commercial fishing opportunities. Mercury pollution is already impacting
these fishing resources, and they will be further compromised if ORSANCO does not fulfill its
mission of protecting and maintaining the River. The existing data and research suggest that
moving forward with the mixing zone ban is an important step toward protecting people and
aquatic life from bioaccumulative pollutants like mercury.
ORSANCO will decide this issue at a meeting on October 8, 2015. Before then, we urge you to
send ORSANCO a letter explaining that you support the mixing zone ban, and we would be
happy to assist in that effort. ORSANCO needs to hear from those like you who care about the
Ohio River.
Sincerely,
Madeline Fleisher
Staff Attorney
Environmental Law & Policy Center
Kristy Meyer
Managing Director, Agricultural, Health &
Clean Water Programs
Ohio Environmental Council
Court Gould
Executive Director
Sustainable Pittsburgh
Rob Walters
Executive Director/Waterkeeper
Three Rivers Waterkeeper
Angie Rosser
Executive Director
West Virginia Rivers Coalition
Jason Flickner
Board President
Indiana Rivers
Knob and Valley Audubon Society
Judy Petersen
Executive Director
Kentucky Waterways Alliance
Kim Ferraro
Water & Agriculture Policy Director and
Senior Staff Attorney
Hoosier Environmental Council
Carol Hays
Executive Director
Prairie Rivers Network
Illinois Affiliate National Wildlife
Federation
Randi Pokladnik
Board of Directors
Freshwater Accountability Project
Jennifer Walling
Executive Director
Illinois Environmental Council
Matt Trokan
Conservation Director
Sierra Club, Ohio Chapter
Janet Keating, ED
Ohio Valley Environmental Coalition
Richard M. Cogen
Executive Director
Ohio River Foundation
Robin Blakeman, Co-coordinator
Ohio River Citizens' Alliance
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Gary Belan, Senior Director
Clean Water Supply Program
American Rivers
cc:
Ohio River Basin Congressional Caucus
Ohio River Valley Water Sanitation Commission
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