Wildlines Archives
Volume II, Number 31
August 4 , 2003
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
Electronic Waste
Eastern States: More Air Pollution with New EPA Rule
Livestock Friendly Counties
 
New Organization Shines Light on ALEC's Questionable Practice
University of California Passes Clean Energy Policy
Oregon Lawmakers Deal Blow to Pesticide Reporting
Wyoming Approves Wolf "Recovery" Plan
Montana Anti-water Pollution Ruling Upheld
Maryland House Tour Aims to Boost Support for Lead Bill
Maine Puts the Rubber to the Road
Florida Citizen Group Looks for New Approach to Sprawl
California Governor Signs Bill Declaring Rivers as Recreational
Wisconsin State Senators Want to Adjust Motorboat Gas Tax
Electronic Waste (Capital Times 7/31)
Information technology has improved exponentially over the past few decades. Computers have become smaller, faster, cheaper, and more accessible making their predecessors become obsolete. These old systems end up in attics, closets, basements, garages… and landfills. They are joined by obsolete cell phones, old stereos, and outdated TVs. Once in the landfill, these products can leach toxic heavy metals like lead and mercury. These discarded electronic products pose a formidable environmental challenge to our communities. We must have a way to safely reuse, recycle, and dispose of electronic waste. One of the most comprehensive approaches to this problem is called extended producer responsibility, or producer take-back. Producer take-back shifts the burden for collection and recycling costs from taxpayers and government to the producers, providing a financial incentive for companies to design products that are durable, less toxic and more easily recyclable. Legislation to establish producer take-back programs has been introduced in 10 states, including CA, MA and MN, and is expected to be introduced in several more, particularly Wisconsin. For more information on how your state can implement a producer take-back program and deal with electronic waste, visit: http://www.serconline.org/ewaste/pkg_frameset.html.
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Eastern States: More Air Pollution with New EPA Rule (ENS 7/29)
Nearly 1.6 million additional tons of air pollution would be emitted in 12 key states under a new rule issued by the Environmental Protection Agency (EPA) to alter the Clean Air Act's New Source Review (NSR) permit requirements, according to the report, entitled "Reform or Rollback? How EPA's Changes to New Source Review Affect Air Pollution in 12 States." The report was sponsored by the Environmental Integrity Project and the Council of State Governments/Eastern Regional Conference. The NSR requires permits and the installation of pollution controls that conform to the best available technology if a production unit is physically changed in a way that significantly increases air pollution. The new EPA rule allows refineries, cement kilns, chemical plants and any manufacturer except utilities to avoid those permits and pollution controls so long as the new project is not expected to increase emissions above their highest level in the past 10 years. Under the old rule, emissions were usually not allowed to increase above the highest level in the most recent two years. The report found that emissions are likely to increase under the new rule because emissions in the past tended to be higher than they are today for many plants, and also because other federal limits are not as stringent as the NSR provisions, and are unlikely to check emissions growth. The report found that total emissions of five pollutants - sulfur dioxide, nitrogen oxide, carbon monoxide, volatile organic compounds, and particulate matter - could increase by nearly 1.6 million tons a year from 1,282 plants. States included in the study were Connecticut, Delaware, Florida, Illinois, Indiana, Louisiana, Maine, New Jersey, New York, Pennsylvania, Vermont, and Wisconsin. For more information on how your state can reduce air pollution, visit: http://www.serconline.org/clean/index.html.
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Livestock Friendly Counties
The Livestock-Friendly County Program, initiated by the Minnesota Milk Producers Association (MMPA), was passed by the Minnesota Legislature in 2002 (HF3183), and a similar program in Nebraska was signed into law (LB754) on May 28, 2003. The program is designed to promote agriculture throughout MN and NE by recognizing counties that value the economic contributions of agriculture and are willing to take steps to provide an economically friendly environment for long-term success. MMPA initially created the program with a financial incentive for designated counties, however due to financially tight times the financial incentive was eliminated. The voluntary program, on the face of it, seems to promote the agricultural industry in a positive way. However, the devil is in the details, as many opponents of the program have pointed out. An unfunded program gives little incentive for counties to join on. The most disturbing portion of the program requires counties to be "governed by a regulatory framework conducive to a viable animal agriculture sector". The Minnesota Department of Agriculture website labels counties as anti-livestock if they limit the size of an operation that can be built, place moratoria on feedlots or expansions of current feedlots, and prohibit earthen basins to store manure. To be ‘livestock friendly', counties cannot have these kind of regulations. The program also eliminates local zoning control and forces counties to accept farms known as concentrated animal feeding operations. This is a backdoor attempt to foster unsustainable agriculture, while eliminating family farms and polluting the environment. To further demonstrate the needlessness of the program, no counties in Minnesota have taken the steps to be designated, two bills (HF 861 & SF1027) were introduced in 2003 to repeal the law, and officials have publicly stated if no county is designated the program would be eliminated. There are more pressing issues in agriculture that states should be dealing instead of developing a harmful and unpopular program.
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New Organization Shines Light on ALEC's Questionable Practices (PTP Press Release 7/29)
Public Trust Partnership (PTP), a newly formed collaborative effort among state and national public interest groups, is dedicated to shining the public spotlight on the American Legislative Exchange Council's (ALEC) corrosive, secretive and increasingly influential power in state legislatures. Among the participating organizations are People for the American Way Foundation, Defenders of Wildlife, Common Cause, Public Citizen, League of Conservation Voters, NAACP, Midwest States Center, AFL-CIO, Western States Center, National Education Association, Natural Resources Defense Council, American Federation of State County and Municipal Employees, U.S. Public Interest Research Group, Center for Policy Alternatives, and the Service Employees International Union. ALEC portrays itself as a bipartisan membership organization for state legislators committed to Jeffersonian principles of democracy. In reality, legislator dues are a miniscule portion of ALEC's budget, and it is not legislators who call the shots. Each of ALEC's task forces, which develop model legislation, has a private-sector co-chair with direct interest in the legislation prepared by the task force. No model bill is passed through a task force without support from a majority of the corporate task force members. The public often does not know that state legislators in whom they've placed the public trust of elected office may have forgotten they work for the public, not private corporate interests. Public Trust Partnership hopes to change that by drawing attention to ALEC's activities. For more information, visit: http://www.publictrustaction.org/ptp/.
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University of California Passes Clean Energy Policy (GreenBiz.com 7/25)
The University of California (UC) Board of Regents unanimously approved a system-wide clean energy and green building policy. The new policy requires ten megawatts of renewable energy production at the ten UC campuses and that ten percent of UC's energy be supplied by renewable sources – with the percentage to increase to 20 by 2017. The Policy also requires that new campus buildings meet green building standards. According to Greenpeace, which worked with UC students to promote the policy, more than 50 campuses across the country are launching clean energy campaigns. For more information on similar efforts at the state level, visit: http://www.serconline.org/cleanenergy.html.
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Oregon Lawmakers Deal Blow to Pesticide Reporting (Statesman-Journal 8/1)
In 1999, Oregon legislators overwhelmingly approved a pesticide reporting law that was designed to inform the public about when and where toxic chemicals are being used in the state. The program, however, has been on hold since then, largely due to opposition from the pesticide industry. Now legislators are refusing to provide the money needed to get it started. Negotiations over how specific the information reported needs to be broke down recently, resulting in the program being put off another two years. Environmentalists criticized the Governor for failing to fight for the program after identifying it as a priority in a speech earlier this year.
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Wyoming Approves Wolf "Recovery" Plan (Casper Star Tribune 7/31)
The Wyoming Game and Fish Commission recently approved a wolf management plan that will allow wolves to be killed in 80 percent of their range within the state. The plan, based on legislation by Rep. Mike Baker, requires the state to maintain around half of the existing wolf packs in the state, most of which live in national parks. Over about 20 percent of their range, wolves would be protected as trophy animals, and hunting them would be regulated. All other wolves would be classified as predators and could be shot on sight. According to Defenders of Wildlife, all wolves in WY would be at risk under this plan. The WY plan must be approved by the US Fish and Wildlife Service, along with plans in MT and ID, before wolves can be removed from the federal endangered species list. For more information, visit: http://www.serconline.org/wolfpreservation/index.html.
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Montana Anti-water Pollution Ruling Upheld (Billings Gazette 8/1)
The U.S. 9th Circuit Court of Appeals upheld a May 2007 deadline for establishing maximum daily pollution levels for hundreds of Montana waterways. Chief U.S. District Judge Don Molloy of Missoula established the deadline in a June 2000 ruling that said state officials were nearly two decades behind in establishing maximum pollution loads and that the Environmental Protection Agency (EPA) had been too generous in approving Montana's inadequate efforts. The appeals court also upheld Molloy's order that prohibited new discharge permits or increases in existing permitted discharges in damaged streams until acceptable pollution loads have been established. The lawsuit was filed in 1997 charging that EPA and the Montana Department of Environmental Quality were not meeting their requirements under the Clean Water Act. The Act called for total maximum daily loads to be set no later than 1979, with the deadline later extended to 1985. The total maximum daily loads (TMDLs) are the total amount of pollutants that waterways can handle and still support fisheries, drinking water and agricultural uses. Molloy found that Montana failed to develop any total maximum daily loads until 1996 and then only identified one.
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Maryland House Tour Aims to Boost Support for Lead Bill (Sunspot.net 7/31)
Hoping to build General Assembly support for tougher lead paint regulations, advocates took lawmakers on a tour of several East Baltimore row houses yesterday to illustrate the importance of holding landlords accountable for their properties. The afternoon event, organized by the Kennedy Krieger Institute and the Coalition to End Childhood Lead Poisoning, gave a dozen members of the House of Delegates a chance to see a home in which three children were recently poisoned, as well as two other homes in various stages of being cleaned up. Supporters of stricter state legislation said they hope the first-hand experience will persuade lawmakers to back HB 872 that failed during this year's legislative session. During this year's General Assembly session, advocates of tougher rules proposed HB 872 to prohibit landlords from going to Rent Court to collect from tenants unless they prove their properties comply with lead paint regulations. That proposal bogged down in the House Environmental Matters Committee. In 2001, about 288 children statewide, including 230 in Baltimore, were reported to have lead poisoning, while 2,841 had elevated levels of lead in their blood, according to the Maryland Department of the Environment.
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Maine Puts the Rubber to the Road (Portland Press Herald 7/31)
Maine is transforming a sprawling environmental hazard into the nation's largest use of shredded tires for road construction. A new Maine Turnpike interchange being built in Sabattus is taking shape atop the recycled remains of about 2 million tires removed from a 40-acre dump in nearby Bowdoin. The project will use almost all the remaining tires from the state's most notorious illegal tire landfill and will help the Maine Turnpike Authority save $500,000 on the $6 million project. Maine is a national leader in putting shredded tires to use in civil engineering projects, a technology that has been evolving for the past 15 years and is now catching on in other states. In 1990, 2 million tires were used in road projects nationally, compared with 52 million last year, said Dana Humphrey, a professor at the University of Maine and a pioneer in the field of using chopped-up tires in construction. Using old tires becomes more affordable when states are willing to pay to get rid of them. The Maine Department of Environmental Protection has spent more than a decade cleaning up some 15 million tires from the state's worst illegal tire landfills. Five tire dumps in the state each had more than a million discarded tires and the Bowdoin site had as many as 8 million, though state officials say precise counts are difficult because often the tires are buried more than 100 feet deep.
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Florida Citizen Group Looks for New Approach to Sprawl (St Petersburg Times 8/1)
A new citizen group has emerged in Florida seeking to get the public's vote when a community wants to change its land use plan. Florida Hometown Democracy is looking to collect enough signatures and receive approval from the State Supreme Court to get a proposal to add an amendment to the state constitution on the Nov. '04 ballot. The amendment would require a local election before a city or county commission could change its local comprehensive plan. Even though Florida law includes the Growth Management Act, the group contends the lack of enforcement has forced people to step in and fill the void. The group also contends that local plans intended to stop growth have failed, leading to increased traffic, more pollution, and more strip malls. A similar law exists in Ventura, CA where citizens have had input for years, forcing developers to stay within growth boundaries rather than exploiting areas beyond them. A lobbyist for the Florida Homebuilders Association contends that the problems citizens complain about, traffic and overcrowding, are not the result of poor planning or increased construction, but the lack of government funding to balance infrastructure needs with continual growth. Some developers voiced support for placing land use changes to a vote, rather than holding public meetings where there is little time for opposing sides to debate. For more information on how your state can control sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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California Governor Signs Bill Declaring Rivers as Recreational (LA Times 7/30)
California Governor Gray Davis signed AB1168 on Monday, declaring the Albion and Gualala rivers as recreational under state law, preserving the rivers from being altered. The designation prevents companies from damming, diverting, or exporting the water from certain areas of the rivers that connect to the Pacific Ocean. In addition to supporting 30 fish species, including two which are threatened (salmon and steelhead), the rivers also provide a sanctuary for birds and support a tourist industry that some communities within their proximity depend on. The bill signing comes after a three year battle including multiple attempts by various water export companies to utilize the river's water. For more information on how to protect the rivers in your state, visit: http://www.serconline.org/streamflow/pkg_frameset.html.
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Wisconsin State Senators Want to Adjust Motorboat Gas Tax (WSNetwork news 8/1)
In an attempt to fairly allocate the revenue from the state's motorboat gas tax, Senators Cowles, Breske, and Hansen have introduced SB215. The bill would require that, "an amount equal to 1.4 times the estimated motorboat gas tax payment be transferred each fiscal year from the transportation fund to the conservation fund," according to the WI Legislative Fiscal Bureau. The amount the used to estimate the motorboat gas tax payment would increase to 80 gallons from 50 gallons. The bill also authorizes the Department of Agriculture, Trade and Consumer Protection (DATCP) to provide funding assistance to counties seeking to implement the federal Conservation Reserve Enhancement Program, which provides a stipend to homeowners wanting to improve water quality, wildlife habitat, and erosion control. DATCP would also be authorized to provide funds to counties for the necessary staff to implement land and water resource management plans.
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For more information about SERC, or to use our services, contact our national headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]