Wildlines
Archive
Current Wildlines
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
________________________________________________________________________
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.
________________________________________________________________________
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."
________________________________________________________________________
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.
________________________________________________________________________
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].
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