Wildlines Archives
Volume II, Number 39
September 29, 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:
 
 
 
 
 
 
 
 
 
 
 
Chronic Wasting Disease
California Governor Signs Electronic Waste Law
ALEC's Regulatory Flexibility Act Introduced in Wisconsin
 
Pennsylvania Forest Management Plan Drawing Praise
California Cracks Down on Lawn Mower and Diesel Trucks
Florida Group Urges Rules to Save Energy
Michigan Clean Water Permit Bill
Oregon Pesticide Penalty Program on Pause
Michigan Talks Trash
California Bill Would Enforce Pollution Reporting
Wildlife Experts Criticize Colorado Governor
Western States Target Global Warming
Louisiana to Vote on Wetland Restoration
New York Proposes to Limit MTBE in Water
Chronic Wasting Disease

Chronic Wasting Disease is an insidious and costly disease. The costs of containment, testing, and research have been great. In Wisconsin alone, the effort to eliminate CWD costs the state an estimated $20,000 a day. The cost in terms of the deaths of free-ranging and domestic deer and elk, lost hunting revenues, and lost hunting-related jobs has been even greater. The origins of CWD and how it is spread are still a mystery. However, it has been determined that CWD is part of a family of diseases known as transmissible spongiform encephalopathies (TSEs), which also includes mad cow disease, scrapie in sheep, and Creutzfeldt-Jakob disease (CJD) in humans. According to many scientists, CWD seems more likely to occur in areas where deer or elk are crowded or where they congregate at man-made feed and water stations. Also, intrastate and interstate transport among game farms has likely contributed to the spread of the disease. For more information on how your state can control Chronic Wasting Disease, visit: http://www.serconline.org/CWD/index.html.

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California Governor Signs Electronic Waste Law (LA Times 9/26)
http://www.latimes.com/news/local/la-me-computers26sep26,1,6698567.story?coll=la-headlines-california
(Registration Required)

Gov. Gray Davis signed the nation's most comprehensive electronic waste disposal law last week to enable recycling of discarded computer monitors and televisions, an estimated 6 million of which are stockpiled in California offices and homes. Only 10 percent of the 6 to 13 million computers taken out of service each year in the U.S. are currently reused or recycled. SB 20 imposes a fee on new products to pay for recycling, which will be handled by government programs, rather than requiring producers to take responsibility for their products, as some supporters of the bill had hoped. The bill also bans the use of lead and mercury in electronics, and sets standards when computer monitors are dismantled in foreign countries. It is already illegal to dispose of computer monitors and televisions in California landfills. For more information on how your state can deal with electronic waste, visit: http://www.serconline.org/ewaste/pkg_frameset.html.

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ALEC’s Regulatory Flexibility Act Introduced in Wisconsin

The corporate-funded American Legislative Exchange Council (ALEC) recently adopted and began promoting to state legislators its model "Regulatory Flexibility Act." The Act, which was drafted by the Bush Administration's Office of Advocacy of the U.S. Small Business Administration, would require all state agencies to develop economic impact statements and regulatory flexibility analyses for "any proposed regulation that may have an adverse impact on small businesses." The economic impact statements include projections of how many small businesses might be affected by the regulation and what the probable effect would be, the costs and skills needed for compliance, and any less demanding approaches that might achieve the same goal. The regulatory flexibility analyses present alternative approaches to minimize the regulation's impact on small businesses, including exemption from part or all of its requirements, weaker and more simplified reporting, extended deadlines for compliance, and standards based on performance instead of actual design or operations. This model bill is flawed in many ways. First, its definition of "small business" is questionable -- any "business entity, including its affiliates, that is independently owned and operated and employs fewer than 500 full-time employees or has gross annual sales of less than six million dollars." This definition is so broad that it could cover over 90 percent of US businesses. The Act also places an unreasonable burden on state agencies. Opponents are concerned that the Act would institutionalize regulatory loopholes for small businesses, significantly slow the adoption of new environmental safeguards and weaken existing ones, and make regulation of large businesses more difficult. Moreover, this state-by-state approach may very well exacerbate the tendency of some businesses to play states off against each other in a "race to the bottom" with regard to environmental, labor, and other regulations maintaining citizens' quality of life. This likelihood is increased by the lack of a definition for what constitutes a significant economic impact on small businesses. A version of the Act was introduced in Wisconsin by Senator Robert Welch, chair of ALEC's Energy, Environment, Natural Resources, and Agriculture task force. Welch's "Small Business Regulatory Bill of Rights" (SB 100) passed the Senate last week but has been tabled in the Assembly. Similar bills have been introduced in ten other states. For more information on the Act, visit: http://www.serconline.org/alec/alec20.html.

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Pennsylvania Forest Management Plan Drawing Praise (Post Gazette 9/26)
http://www.post-gazette.com/localnews/20030926forestlocal5p5.asp

Environmental groups scored a major victory over commercial loggers this year when Pennsylvania's conservation agency unveiled a new forest plan that prohibits timber harvesting in the state's most fragile forest areas. This winter, the Department of Conservation and Natural Resources (DCNR) intends to put in place its new management plan for the state's forests. The plan would expand the state's "wild" and "natural" areas, and eliminate new gas excavation projects across the entire expanse of forest. For the moment, the House of Representatives is halting the approval of the plan because of the constraint that would prevent the installation of new natural gas wells throughout the rest of the 2.1-million-acre forest system. The House is asking the DCNR to reconsider the proposed natural gas policy, partially because the shallow gas wells have been very profitable for the state. However, environmentalists praised the plan that includes expanding the state's wild and natural areas by over 20,000 acres in the next five years.

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California Cracks Down on Lawn Mower and Diesel Trucks (LA Times 9/26)
http://www.latimes.com/news/science/environment/la-me trucks26sep26,1,3933611.story?coll=la-news-environment

Most people do not think about the polluting emissions that spew out of lawn-care equipment, but these little machines have a big impact on toxic and smog-forming emissions. Currently, there are few regulations governing the emissions of such machines, but in California, where lawn-care machines are culpable for 152 tons of smog-forming pollutants daily, new regulations were recently approved that would reduce emissions from lawn-care equipment by 35% over the next 17 years. The regulations, which were approved by the California Air Resources Board, would also make California the first state to require retrofitting of existing garbage trucks to reduce the emission of soot from their diesel engines. The new California regulations could come under fire from Washington if Congress adopts a bill, now pending in the U.S. Senate, which contains an amendment that would deny states the authority to control emission standards of all off-road engines, including lawn-care machines. Senator Christopher Bond (R-MO) proposed the bill that would prohibit states from controlling off-road emissions after persuasion from Briggs and Stratton Corp., a manufacturer of lawn mowers.

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Florida Group Urges Rules to Save Energy (Orlando Sentinel 9/26) http://www.orlandosentinel.com/news/local/state/orl-locenergy24092403sep24,0,6853843.story

A coalition of environmental and civic groups will file paperwork to push state officials to adopt mandatory energy-saving rules that could save Florida consumers and taxpayers $3 billion. The proposed rules, similar to federal standards requiring fuel-efficient cars and energy rules in other states, would set minimum energy efficiency for 10 products ranging from floor lamps and ceiling fans to highway-traffic signals. "It doesn't make sense to wait," said Holly Binns of Public Interest Research Group (PIRG). "One of the lessons of the recent power blackout is that not enough places are promoting energy efficiency." The Department of Environmental Protection said last week that it is adopting standards to save energy on state government buildings and purchases. PIRG and other groups have recommended applying energy savings to all consumers in the state by requiring that products meet minimum standards. Energy-saving products, from LED-lighted traffic signals and building exit signs to more-efficient appliances, would cost more to buy, but some could pay for themselves in as little as a year with lower energy costs, backers say. A study by Tim Lynch, a Florida State University economic forecaster, said the changes also would generate 41,000 new jobs and $8 billion in wages. For more on how your state can promote efficient products, visit: http://www.serconline.org/efficiencystandards/index.html.

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Michigan Clean Water Permit Bill (PIRGIM update 9/24)
(No Link Available)

SB 252, a bill that would require polluters to pay fees for the clean water permits they are issued, was debated this week in the Michigan legislature. The proposed fee would raise $3.4 million for the state's coffers. Currently, Michigan is the only Great Lakes state that does not require this type of permit fee. The funds raised from the fee would go toward clean water enforcement, including pollution monitoring and discharge limits, for which funding has lagged in recent years. Michigan's water needs attention -- in 2002, there were fish advisories for every inland lake in Michigan and, in 2001, there were 119 beach closings due to elevated bacterial levels, even though the Clean Water Act has been in affect for over 20 years.

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Oregon Pesticide Penalty Program on Pause (Seattle Times 9/24)
http://seattletimes.nwsource.com/html/localnews/2001743471_pesticides24m.html

Oregon's Agriculture Department has proposed a rule to end penalties against pesticide users who fail to file required reports. The reports -- specifying where, when, and which chemicals are used by farmers, businesses, and other pesticide sprayers -- are mandated under a 1999 state law. But state legislators have not provided funding to complete the computerized pesticide report system, an integral part of the program. During a hearing last Tuesday, the Agriculture Department said it makes no sense to levy penalties until the pesticide program is funded and "fully effective." Local environmentalists disagree. The Oregon Environmental Council said that the Department has enough money from pesticide user fees to complete the system, and that not doing so would be "simply not responsible" given the more than $1 million already spent on the program. At issue is the legislated requirement for pesticide fee revenue to be matched by state general funds; no money was appropriated for the program by the 2003 Legislature.

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Michigan Talks Trash (The Ann Arbor 9/24)
http://www.mlive.com/news/statewide/index.ssf?/base/news-2/106439831253610.xml

Michigan legislators are alarmed at the amount of waste imported into the state -- some 20 percent of solid waste in state landfills is from elsewhere, with most of it coming from Ontario. A recent report from the state Department of Environmental Quality suggests that the solution is internal. Michigan's solid waste policies have not been reviewed since 1988; Senators are now working to update them. Among the proposals are measures to ban household batteries, electronic equipment, returnable beverage containers, and tires from landfills. Increased inspections for garbage trucks and a $3 surcharge on each ton of landfill-bound waste (with proceeds supporting community recycling programs) may also be examined. Michigan imports more waste than other Midwest states because its landfill costs average $10 less per ton of trash. Legislation to revise state waste policies is expected to move through the Senate in October. For information on beverage container recycling, visit: http://www.serconline.org/bottlebill/index.html. For information on dealing with electronic waste, visit: http://www.serconline.org/ewaste/pkg_frameset.html.

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California Bill Would Enforce Pollution Reporting (San Diego Union Tribune 9/23)
http://www.signonsandiego.com/news/state/20030923-1416-ca-pollutionreports.html

If signed by Governor Davis, a new California bill would impose $3,000 per month in fines on facilities that do not report their pollution violations. Facilities are required to self-report violations by the state's Clean Air Act, but more than 4,000 facilities failed to report in the last three years. "Serious and chronic" violations disclosed in these reports can be fined $3,000 per day. Assemblymember Cindy Montanez, who authored the bill, said failing to file lets polluters "get away with hiding their pollution of our lakes, rivers, and streams." The bill would also require wastewater discharges into state waterways to be reported. Senate analysts predict that the bill would bring in $100,000 annually. For more information on enforcing environmental laws, visit: http://www.serconline.org/enforce/pkg_frameset.html.

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Wildlife Experts Criticize Colorado Governor (Denver Post 9/16)
http://www.denverpost.com/Stories/0,1413,36~53~1634582,00.html

Colorado Governor Bill Owen's administration is receiving sharp critique from Division of Wildlife (DOW) officials charging that political influence is limiting their ability to do their work. Fifty-eight former DOW employees wrote Owen last week, claiming that his administration favors business interests over wildlife. Over a dozen of the signatories cited specific examples of political interference in their scientific research. The letter was written in part to question a proposal to reorganize the Department of Natural Resources (DNR) in a way that would put the DOW under even greater political influence. DNR Director Greg Walcher dismissed the criticism, saying that it was motivated by resistance to change.

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Western States Target Global Warming (LA Times 9/23)
http://www.latimes.com/news/local/la-me-warming23sep23,1,4712831.story?coll=la-headlines-california
(Registration Required)

California, Oregon, and Washington recently announced an alliance to combat global warming. "The Bush administration is still in denial over global warming. They have their head in the Texas sand," said California's governor Gray Davis. "If Washington, D.C. will not lead, then the leaders of the Western states of the United States will lead on global warming." The three states will reduce greenhouse gas emissions by promoting fuel-efficient hybrid car use, encouraging energy-efficient green building design, cutting tailpipe exhaust, and lessening cargo ship pollution. Within the constraints of tight budgets, the Governors have directed their state agencies to come up with emission-reduction strategies by September, 2004. No new legislation was announced to support the alliance, but environmental groups see this commitment as a move in the right direction.

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Louisiana to Vote on Wetland Restoration (Times-Picayune 9/22)
http://www.nola.com/news/t-p/capital/index.ssf?/base/news-1/106421209071130.xml

On October 4th, voters in Louisiana will vote on three proposed constitutional amendments intended to address Louisiana's problem of rapidly shrinking wetlands. Louisiana's wetlands, which are crucial for many businesses and help protect the coastline from natural disasters, are shrinking at a rate of 25 to 30 square miles every year. To address this problem, Governor Foster is promoting three amendments which will be on the October 4th ballot. Two of the amendments provide the state with possible financing mechanisms to help pay for wetland restoration. The third and most hotly debated amendment would change the states takings law as it applies to costal restoration projects. The purpose of this is to limit how much money the state is required to pay private landowners if their property is damaged by state action. The proponents of this amendment argue that this amendment is crucial if the state wants to collect federal money to help pay for wetland restoration. They say that the federal government is unlikely to give the state large sums of money if the money is likely to be used to pay off large settlements. Opponents of the amendment argue that if the takings law is to be amended, the amendment should encompass the entire state instead of just the coastal areas. For more information about wetland conservation issues, visit: http://www.serconline.org/wetlands/pkg_frameset.html.

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New York Proposes to Limit MTBE in Water (Rochester Democrat and Chronicle 9/22) http://www.rochesterdandc.com/news/0922M21SDP2_mtbe22_news.shtml

The New York State Health Department has proposed a reduction of the permissible limit of methyl tertiary butyl ether (MTBE) in public water. MTBE is made by combining isobutylene, a by-product of petroleum refining, and methanol. It has been used since the 1970's as an additive to gasoline, making the gasoline burn cleaner. Long-term studies on animals have shown that ingestion or inhalation of MTBE can cause cancer. The Health Department has found 28% of the private water supplies in New York are at the limit or exceed the current limit of MTBE. The proposal would limit the permissible amount of MTBE to 0.010 milligrams of MTBE per liter from the current state limit of 0.050 milligrams per liter.

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State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
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Email: [email protected]