The Department of Environmental Protection would like to clarify the record on the Clean Air Act initiatives, which were misrepresented in the Dec. 12 editorial (“Our View: Le-Page should sign anti-smog petition”).

Two similar issues – the Supreme Court case on the cross-state air pollution rule and the expansion of the ozone transport region – deal with ozone standards that Maine is already attaining. Since Maine is attaining ozone standards, it is not subject to the cross-state air pollution rule. Therefore, after consulting with the DEP, the Maine Attorney General’s Office concluded that joining the cross-state pollution case was not warranted.

about the author

Marc Cone is head of the Bureau of Air Quality at the Maine Department of Environmental Protection.

Additional Photos

American Electric Power’s Muskingum River Plant in Beverly, Ohio, is shown in this 1989 photo. The plant is one of the three Ohio energy companies named in a federal lawsuit alleging they cause pollution that affects New England. Maine isn’t subject to the cross-state air pollution rule and thus had no reason for joining the federal case, a state environmental official says. 1989 File Photo/The Associated Press

Midwestern states affect some ozone transport region states’ ability to meet ozone standards, so they petitioned the Environmental Protection Agency to include those Midwestern states in the ozone transport region. Consistent with the attorney general’s reason for not joining the cross-state pollution case, Maine did not join the expansion petition. Ozone levels in Maine are directly related to states already in the ozone transport region, not the Midwestern states the petition aims to include.

Unlike what the editorial indicates, with the LePage administration’s support, the attorney general did go to court to support the EPA’s final rule on coal-fired power plants to reduce emissions of mercury and other toxic substances.

Mercury is a potent neurotoxin that is emitted from power plants, the largest source of man-made mercury emissions in the country, and contaminates our rivers and lakes. Maine has enacted mercury emission requirements. However, the pollutants travel far from their source, and Midwestern power plants contribute significantly to mercury in Maine, which is why Maine is fighting to support EPA mercury control rules.

Maine carefully considers environmental impact prior to taking legal action. Crying “wolf” at every turn would hurt our credibility, while choosing our battles wisely will help Maine get meaningful results, ensuring strong environmental protections for the citizens of this great state.

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