The campaign team and I sent a letter to Mr. Bobby Scott to address the issue of Mercury levels in our nearby waterways and ask why he hasn't been more vocal in opposing coal in the district. I opposed the coal plant in Dendron because of the information held in this report. Mercury levels are safe if held below 1 gram per kilometer squared. As this report shows, the 3rd District has higher mercury levels than what is considered safe, especially in comparison to the rest of Virginia.

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Office of Congressman Scott
400 N 8th ST, Suite 430
Richmond VA 23219

Dear Congressman Scott,
We are writing to you on behalf of our concern over the excessive levels of mercury contaminating the 3rd District of Virginia and the increased vulnerability of toxic exposure this has placed on Virginians, as well as others. According to the Virginia Department of Environmental Quality’s (DEQ) Revised 2008 Report it is clear that 3rd District has some of the highest mercury levels in the Commonwealth. It is well known that mercury is an extremely lethal substance and has been inarguably linked to a myriad of adverse health conditions. It is widely recognized that, like lead, even small amounts can result in lowered IQs, still births, and infant death in young children. In addition mercury acts as a carcinogen, a mutagen, and compromises the immune system.

Mercury is especially disturbing because once accumulated in living organisms, like fish and humans, it never leaves the system. Rather, it incrementally increases throughout the organism’s lifespan. Therefore, the only sensible course of action is to keep “bioaccumulation” at subcritical levels that are not expected to manifest in ill-health or death.

Ultimately, this is another challenge facing the Chesapeake Bay but the most critical water systems may be riparian, like the 3rd District’s Blackwater River and several James’ River tributaries. These rivers are at increased risk because the acidic conditions of their waters have been shown to greatly enhance the bioaccumulation of methyl mercury, which is the most “bioavailable” form of the substance.

As such, the single largest concern is the environmental health issues related to sustenance fishing within these rivers. This also has dramatic impact on the lifestyle and living standards of the many poorer individuals who have traditionally depended on these nutrients. Furthermore, this is destined to threaten small businesses that draw from the biological resources of these rivers. To a lesser degree there is also logical and scientific reason to be concerned about exposures resulting from recreational activities and irrigation use.

Surely, these issues should be of extreme concern to any US Congressperson who represents the 3rd District of Virginia. In addition, these issues clearly come under Federal jurisdiction because of past legislation and the fact that contamination often crosses State boundaries. As such, there is an immediate need for comprehensive action, which takes into account all significant point and non-point sources of contamination affecting the 3rd District.

This includes confronting the local sources of contamination that are the largest polluters. True, interstate contamination from West Virginia and Virginia flow downstream, and downwind, to the coastal regions of 3rd District and parts of North Carolina, in addition air-born mercury travels from as far as China. However, the boundary patterning of contamination, as shown in the Revised 2008 DEQ Report, clearly identifies that the major sources of mercury pollution is from within the District.

The story of mercury contamination in the 3rd District is complex. One of the most recognized sources of mercury pollution are coal fired power plants. In 1990, under President G.H.W. Bush, Congress amended the Clean Air Act to include mercury. In 2000, under the Clinton administration, the US Environmental Protection Agency (EPA) issued a finding that linked coal burning power plants to mercury contamination. This finding manifested in an EPA mandate to significantly reduce coal-fired power plant mercury emissions by target dates 2010 and 2018. However, under President G.W. Bush, the EPA used another section of the Act to remove these power plants from the list in 2004; and this annulled the mandates to lessen mercury emissions.

Pursuant, of this action several States, Native American tribes, and third parties filed suit against the EPA. Meanwhile, the EPA simultaneously sought to circumvent the issue by hatching an imprudent scheme to cap and trade mercury. This case, which came to be known as The State of New Jersey, et al. v. the EPA, ultimately resulted in the United States Court of Appeals for the District of Columbia ruling against the EPA in 2008. Throughout the process Democrats and Republicans in Congress avoided making any meaningful compromise or demanding interim protective measures.

Upon the Court’s final ruling the EPA was compelled to sign a Consent Decree in early 2009. However, review of this Decree allows until late-2011before the EPA must publicly announce Clean Air mandates for coal-fired power plants and until late-2012 before they will come into effect. Furthermore, the ruling leaves many loopholes for extensions and continued foot-dragging. Once again, Congress, the EPA, and the Obama Administration have chosen to sit quietly without demanding expedited action or interim protection. In our opinion, these two decades of intentional mercury contamination is unacceptable and disgraceful, and the poisoning of the American Public should be ended immediately!

Possibly the most surprising source of point contamination within the District are two industrial accidents. Both the Brenco Bearing facility and the Chaparral Steel recycling, near Petersburg, engaged in superheating metals, including mercury, which resulted in the unnecessary and completely preventable release of large quantities of the toxin into the atmosphere. It is by no coincidence that even today extremely high rates of mercury can be found near the location of these factories. While it is true that both companies have quietly taken action to stop future contamination they have not been held accountable nor has compensation been extended for past, present, or future damages.

Finally, no course of action would be sufficient without recognizing the need for controlling non-point sources of mercury and heavy metal contamination. In recent years poorly manufactured products have permeated the global market. These consumer goods have been determined to contain dangerous and impermissible amounts of mercury, among other harmful substances. It is here that the government must ensure that these products never enter the marketplace, as continued apathy will only jeopardize the citizens of the 3rd District, as well as elsewhere.

To be frank, we are concerned by your lack of publicly addressing this issue, let alone, the absence of advocating any governmental measures to help ensure the commerce and health of constituents residing inside of your District. We sincerely hope that you will join us in our effort to address this issue as the severity of the situation should know no political affiliation. As such, we would be happy to meet with you at any time to discuss the issue and develop a coalition which we know will be effective in Washington.