WASHINGTON, Dec. 15 — The Bush administration's new proposal to regulate mercury pollution from coal-fired power plants is essentially the same as one discussed and rejected by the Clinton White House, former Clinton Environmental Protection Agency officials said Monday.
E.P.A. officials ruled in December 2000 that since mercury was a human neurotoxin, it had to be regulated as a hazardous air pollutant under the Clean Air Act. That decision meant that individual power plants needed to be regulated.
The Bush proposal that was introduced on Monday would allow companies to buy and sell the right to emit mercury pollution, without any mandatory controls on individual plants. The administration and industry groups have pushed for a market-based approach to reducing mercury because they say it would be more flexible and cost effective.
Critics were skeptical.
"The Clinton administration evaluated the same approach that the Bush administration is now relying on and found that it was not legally supportable under the Clean Air Act," said Gary Guzy, an E.P.A. general counsel under Mr. Clinton.
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http://nytimes.com/2003/12/16/politics/16MERC.html