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SERC Wildlines Report #40

October 7, 2002

  A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental policy from across the country.
               

In this Edition:


Issue Spotlight:
Controlling Suburban Sprawl
Headliner:
EPA Says One-Third of Rivers Too Polluted
Watchdog:
Audit Privilege Laws Cause Problems with EPA
News from the States:

*Minnesota: Ethanol Plants to Curb Pollution
*New York Promotes Electricity from Manure
*New Jersey DEP Plays Catch-up on Enforcement
*California Planning Laws to Protect Farms and Revive Cities
*Report Finds Two Farm Acres Lost a Minute
*Diesel Exhaust Ups Cancer Risk in Connecticut
*Montana Supreme Court Extends Water Rights to Wildlife

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Issue Spotlight: Controlling Suburban Sprawl

As large numbers of urban residents move out of cities, some suburbs have ballooned into endless housing developments and strip malls with little long-range planning. Uncontrolled sprawl presents more than just an "open space" problem, however; it also affects our quality of life and the health of all our communities. Citizens pay for sprawl with longer commutes, higher taxes for infrastructure and public services, and fewer connections with neighbors. States have found effective solutions for sprawl by bringing all stakeholders together - municipal and county officials, environmentalists and farmers, and civic leaders and business people. To learn what your state can do to control sprawl, visit SERC's Suburban Sprawl site at http://www.serconline.org/sprawl/pkg_frameset.html.

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Headliner: EPA Says One-Third of Rivers too Polluted (ENN, 10/1)

Bush administration officials say defense spending must take priority over a bipartisan House plan to increase funding for state wastewater projects, despite an EPA finding that more than 1/3 of surveyed rivers and about half of lakes and estuaries are too polluted for swimming or fishing. From 1998 to 2000, 45 percent of lakes remained polluted; polluted streams rose from 35 to 39 percent; and polluted estuaries rose from 44 to 51 percent. Runoff from farmland and sewage treatment plants, changes in the natural flow of streams and rivers, deferred treatment facility maintenance, inadequate capital replacement, and aging infrastructure contributed to this increase. Bush’s budget would cut state wastewater funds by $140 million. Owners of treatment plants want the federal government to foot the bill. But if plants increased their spending by only 3 percent, they could decrease water quality threats and avoid future deficits. Others warn, "Without immediate action, we’re looking at a massive environmental and public health problem."

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Watchdog: Audit Privilege Laws Cause Problems with EPA (Clarion-Ledger, 9/30)

Since 1993, 26 states passed Environmental Audit Privilege laws similar to ALEC’s model legislation. These statutes grant privilege and/or immunity to corporations who conduct self-audits, preventing such documents from being used against them in court or to assess fines. Contrary to their proponents’ claims, these bills do not increase the frequency of audits or the reporting of violations, according to the National Conference of State Legislatures. Instead, the bills make it harder to punish corporations who violate the law and inhibit the public’s ability to find out about such violations. In fact, the EPA has threatened to revoke states’ federally delegated powers if they do not amend their audit privilege laws. 22 states have done just that, but Illinois, Kansas, and Idaho are holding out and Mississippi is likely to lose control of an important lead paint removal program because of its unwillingness to change its law. For more on this type of legislation, see http://www.serconline.org/watchdog_alerts/watchdog12.html.

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News from the States:

Minnesota: Ethanol Plants to Curb Pollution (St. Paul Pioneer Press 10/3)

Minnesota set a national precedent when 12 ethanol distilleries agreed to clean up air pollution, pay fines from $19 to 39 thousand, and install equipment to prevent escaping chemicals and compounds. Thanks to complaints from St. Paul residents in April 2000, specific types and amounts of distillery pollutants were identified including acetaldehyde, formaldehyde, acrolein, acetic acid, carbon monoxide, small particles, and nitrogen oxide. Without affecting gasoline prices, these pollutants can be controlled with equipment including thermal oxidizers, which burn pollutants before they leave the smokestack. This equipment can reduce statewide volatile organic compound emissions by 95% and keep more than 5,000 tons of pollutants from the air. However, some groups remain "cautiously optimistic" because thermal oxidizers’ effectiveness depends on a proper fit in the smokestack and of the prevention of leaks from windows, vents, and other fugitive emissions. For more on air pollution threats, visit http://www.serconline.org/cleanairstate.html.


New York Promotes Electricity from Manure (ENS 9/23)

Gov. George Pataki signed legislation providing incentives for farmers to generate electricity from animal manure. By anaerobically digesting animal manure, capturing the methane, and burning it to generate electricity, farmers can help reduce greenhouse gas emissions while producing energy for their farms. The legislation makes the installation and operation of anaerobic digesters affordable for NY farmers, and encourages farmers to sell excess electricity to utility companies. Anaerobic digestion also gives farmers the opportunity to profit from compost sales and the use of nutrient rich liquids in lieu of high cost synthetic fertilizers. For more on biomass, visit http://www.serconline.org/biomassdefinition/index.html


New Jersey DEP Plays Catch-up on Enforcement (The Bergen Record 9/24)

New Jersey Department of Environmental Protection (DEP) commissioner Bradley Campbell wants to sue companies that have polluted New Jersey’s groundwater, but he’ll have to hurry up. A new law written by Republican State Senator Henry McNamara places a four year limitation on such suits. The clock started ticking January 2nd for the 9,000 potential claims the DEP has backlogged. The lawsuits, to be filed under the State’s 1976 Spill Compensation and Control Act, require clean- up of polluted groundwater and payment of damages for harms done to a natural resource. The DEP has filed only 13 suits in the past 26 years. For more information on clean water issues, see http://www.serconline.org/safeair&water.html.


California Planning Laws to Protect Farms and Revive Cities (San Francisco Chronicle 9/29)

Gov. Gray Davis signed a trio of bills last week in an effort to curb suburban sprawl and foster urban revitalization. Supporters have dubbed one of the bills, AB857, as California’s best planning bill in 30 years. It establishes statewide planning priorities that encourage infill (downtown) development while protecting the state’s environmental and agricultural resources. SB1925 and SB199 are also designed to promote infill and protect farmland by increasing funds for urban revitalization programs and easing restrictions on smart developments.


Report Finds Two Farm Acres Lost a Minute (NY Times 10/3)

The United States loses two acres of prime farmland every minute to development - the fastest decline in the country's history - according to a study by American Farmland Trust. That loss occurs due to the spread of suburbs, replacing some of the country's best farms by houses on large lots linked by new roads, highways and malls. Using census data as well as Agriculture Department information about crops and soil, the study found that more than half of the lost farmland is being carved into ten-acre lots. Arkansas, New York, Illinois, Alabama and Mississippi lost the greatest percentage of their best farmland in the last five years. Vermont, California and Pennsylvania are cited as three states that have balanced development with farmland preservation. The report recommends strong national standards for development and the establishment of tax easements for farms. While agreeing on the scope of the sprawl problem, representatives of the building industry disagree that the solution is more federal money for preserving farmland. They want higher- density development in outer suburban areas to attract wealthier homeowners. For more, see http://www.serconline.org/conservationfunding/index.html.


Diesel Exhaust Ups Cancer Risk in Connecticut (New Haven Register 10/4)

Connecticut residents face a cancer risk 576 times the federal safety level because the state is seeped in sooty diesel exhaust, say the Connecticut Public Interest Research Group (ConnPIRG). The EPA has yet to implement the stringent new standards adopted in 2001 for diesel truck and bus exhaust. These laws could reduce diesel emissions by 90 percent, preventing about 360,000 asthma attacks and 8,300 premature deaths a year. Connecticut has joined other states and environmental groups in a suit to force the EPA to promulgate diesel emission regulations based on the stalled 2001 standards. More than 30 studies show that people who work in the presence of diesel engines have a 40 percent higher chance of developing lung cancer. About 86,000 children in Connecticut have asthma, which leads to 1,400 hospital admissions and 6,000 emergency visits a year. In Connecticut, 57 percent of diesel pollution is emitted by construction equipment with remaining emissions from trucks and buses. Sources say diesel emissions could be curtailed by retrofits costing about $5,000 per vehicle.


Montana Supreme Court Extends Water Rights to Wildlife (Great Falls Tribune 10/4)

The Montana Supreme Court has overturned a 1988 decision allowing the Water Court to deny requests to divert water for fish, wildlife and recreation purposes. The 5-2 decision released last week could have far-reaching effects on water rights across Montana. The high court ruled that fish, wildlife and recreation are beneficial uses of water under Montana law. A water right allows a certain amount of water to be diverted or withdrawn from a source for a specific use. Water law historically leaned toward protecting mining and agriculture interests. "This is probably one of the most significant decisions on water in the last 10 to 12 years," Chief Water Judge Bruce Loble said. The high court also instructed the state Water Court to identify, review and hold hearings on all pre-1973 recreation, fish and wildlife claims to determine their validity -- about 1,700 cases, the Water Court estimates.

               

Do you have news about environmental legislation or regulations in your state? Please submit items to [email protected].

                              
 

State Environmental Resource Center - 106 East Doty Street, Suite 200 - Madison, WI 53703
Phone: 608/252-9800 - Email: [email protected]