| Montreal, 5/10/2001 – The North American Commission for Environmental Cooperation (CEC) today dismissed a citizen submission that alleges failure on the part of the United States in its enforcement of Clean Air Act provisions concerning mercury and dioxin emissions from municipal and medical waste incinerators.
The submission (SEM-98-003) was filed by the Department of the Planet Earth, and other Canadian and American environmental groups, on 27 May 1998. Following an initial dismissal by the CEC, the Submitters filed an amended submission on 4 January 1999. The amended submission alleged that the United States is failing to effectively enforce inspection and monitoring requirements for incinerators emitting dioxin and mercury. It further alleges that the United States is violating a provision requiring the US Environmental Protection Agency (EPA) in certain circumstances to notify individual states that they must reduce pollutants-in this case, dioxin and mercury emissions-that have adverse impacts in Canada.
Following its review of the response provided by the United States to these allegations, the CEC concluded that the submission does not warrant developing a factual record under Article 15(1) of the NAAEC. The CEC found that, contrary to the Submitters' claims, the limited number of incinerators subject to monitoring requirements at the time the amended submission was filed have been inspected more than just one time at start-up, and the sampling is designed to test normal operating conditions, not near-ideal conditions. The CEC also found no indication of serious, widespread noncompliance or any violations by these facilities left unaddressed by the authorities. The vast majority of municipal and medical waste incinerators were not subject to inspection and monitoring or other regulatory requirements at the time the amended submission was filed.
The CEC also saw no reason to investigate further the claim that the United States is violating the Clean Air Act by failing to notify certain states that they must reduce dioxin and mercury emissions because of adverse impacts of the emissions in Canada. The CEC noted that EPA's flexibility regarding when, whether and how to provide this notification is very broad and that other measures EPA has taken have already reduced-and continue to reduce-emissions of mercury and dioxins from incinerators. In light of EPA's broad discretion and the complex, dynamic and improving situation regarding atmospheric emissions of dioxins and mercury in the Great Lakes, the CEC concluded a factual record is not warranted.
Having determined that a factual record is not warranted, the CEC today notified the Submitters and the CEC Council in accordance with section 9.6 of the Guidelines that the process is terminated with respect to this submission.
Under Article 14 of NAAEC, the Secretariat may consider a submission from any person or nongovernmental organization asserting that a Party to NAAEC is failing to effectively enforce its environmental law. Where the Secretariat determines that the NAAEC Article 14(1) criteria are met, it may then proceed with a process that can lead to the development of a factual record on the matter. In accordance with Article 15(2) of NAAEC, the Secretariat shall prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
The CEC was established under NAAEC to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The CEC Council, the organization's governing body, is composed of the environment ministers (or equivalent) of Canada, Mexico and the United States.
Please visit the Citizen Submission on Enforcement Matters page for more information. | 
