Home > Wildlines Archives > Wildlines, Volume III, Number 13
Volume III, Number 13
March 29, 2004
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:
 
 
 
 
 
 
 
 
 
 
 
State and Municipal SUV Fleets
Michigan Gov., Legislators Reach Deal on Water Pollution Permit Fees
Missouri Pushes "Polluter Protection" Law
 
States Set Example with Green Policies
Maryland: Debate over Plan to Fine Excessive Polluters
Florida House Committee Approves Bill to Reduce Emissions
Wisconsin Removes Wolves from Threatened List
In-State Water Transfers Controversial
Iowa House Blocks New Air Quality Rules
Washington State, Cruise Lines Strike Agreement on Dumping
MA: Task Force Wants to Zone the Ocean
California Clean Air Rule for Diesel Engines Made Optional
Maine's New Rules Limit Liquidation Tree Harvesting
Illinois Gov. to Include Conservation Funds in Budget
State and Municipal SUV Fleets

Sport Utility Vehicles (SUVs) became incredibly popular during the past decade -- to the point where even state and local governments bought or leased SUVs in lieu of regular passenger cars. This trend continued despite evidence that SUVs use more fuel and produce more air pollution than cars and are actually less safe, both for their occupants and for other cars on the road. Because SUVs are built on truck chassis, they are subject to less stringent emissions standards than cars. Their lower-than-average fuel economy combined with a rising market share pushed the carbon burden share of SUVs from 7% in 1990 to 24% of the overall new light-duty fleet carbon burden as of 2000. Additionally, the cost of owning an SUV is significantly more than the cost of owning even a midsized sedan. This fact may have an impact that safety and environmental arguments do not. Increasingly, cash-strapped states and cities are rethinking the presence of SUVs in their fleets. Five states and a handful of municipalities have taken steps to reduce the presence of SUVs in their fleets. For more information on how your state can reduce the number of SUVs from its state fleets, visit: http://www.serconline.org/suvFleets.html.
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Michigan Gov., Legislators Reach Deal on Water Pollution Permit Fees (Ann Arbor News 3/25)
http://www.mlive.com/news/statewide/index.ssf?/base/news-4/108021301471960.xml

Michigan Gov. Jennifer Granholm and the state legislature recently agreed on a plan to allow the Department of Environmental Quality (DEQ) to begin collecting water pollution permit fees. Designed to improve the environment and help balance the budget, the fees were approved last year but the bills to implement them spurred legislative battles. The negotiated deal will impose $3 million in permit fees in lieu of the National Pollutant Discharge Elimination System, which requires anyone who discharges pollution into state waterways to apply for a detailed permit. Those fees would be paid by municipal sewer plants and private companies that discharge treated wastewater, and was previously paid for entirely by taxpayers. The plan would also impose fees of $1.2 million in a related storm water discharge program. Michigan lawmakers indicate that they may be close to approving $1.7 million in fees for a separate program to regulate the disposal of liquid sewage on land, which could be shut down if fees aren't approved by April 1. Even though the water permit fees are close to final approval, there's still some question of exactly how much rule-making authority the state's DEQ will retain. Last month, lawmakers gave the green light to the fees but with a provision to block the DEQ from issuing new rules to enforce the program; a recent compromise would restore the DEQ's authority, but only until December 2006, which could still be extended in upcoming negotiations.
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Missouri Pushes "Polluter Protection" Law

Missouri SB 989 and its companion, HB 933, both of which have passed out of committee, are the most recent in a years-long effort to pass environmental audit privilege legislation in Missouri. Similar bills have been introduced every year since 1995. This bill would enable polluters to waive state penalties and keep their records sealed when they conduct "self-audits" and report their own violations of environmental laws. It would 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. The stated intent of Missouri's audit privilege bill is to encourage the voluntary reporting of noncompliance with environmental regulations, and supporters say that companies will be less likely to hide pollution and more likely to correct it if they can avoid punishment and public scrutiny. But the bill includes unfair restrictions on the public's right-to-know about environmental dangers in their communities and their ability to take actions against the companies responsible for the damage. This bill puts the public's right-to-know about environmental, workplace, and industrial hazards far behind protecting the secrecy of polluters and other corporate wrongdoers. Opponents of the bill include the Sierra Club, the Missouri Coalition for the Environment and the U.S. Environmental Protection Agency. Advocates of the bill include Anheuser Busch and companies with mining interests, and the House bill's sponsor is a former Dow Chemical Company employee. Read complete report at: http://www.serconline.org/watchdog/watchdog2004/watchdog5.html.
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States Set Example with Green Policies (Stateline.org 3/26, Bangor News 3/23)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=360123 http://www.bangornews.com/editorialnews/articles/419376_032304billtorequirerene_medgecomb.cfm

Currently, fifteen states have mandates called Renewable Portfolio Standards (RPS) and Colorado is looking to become the 16th. RPS set a minimum amount of power (usually a percentage) that must come from renewable sources such as wind and solar. According to the Database of State Incentives for Renewable Energy (DSIRE), Alaska, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Pennsylvania, Texas, and Wisconsin all have RPS. Maine leads the way by requiring 30% of its energy to come from renewable energy and current legislation looks to strengthen that requirement. LD 1929 would require a portion of Maine's energy -- 1 percent in 2005 and growing incrementally to 5 percent in 2013 -- come from small producers that use fuel cells, tides, solar power, wind, geothermal energy, methane gas from landfills, biomass, or trash incinerators, or hydroelectric generators. Maine currently receives more than 30% of its energy from renewable resources because of the use of hydroelectric power. The Colorado bill, which would force utilities to get 8 percent of the state's electricity from renewable sources by 2010, has passed the House, but not the Senate. An amendment has been attached to allow unlimited amounts of hydroelectric power to be produced. Both power companies and environmentalists have come together in Colorado to support the increased use of renewable energy. For more information on how your state can increase its use of renewable energy, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Maryland: Debate over Plan to Fine Excessive Polluters (CNS 3/24)
http://www.journalism.umd.edu/cns/wire/040324-Wednesday/EmissionMission_CNS-UMCP.html

Last week, Maryland officials again asked for the authority to fine excessive polluters in order to avert the loss of federal funds. The Environment Department must have permission to fine the 22 major facilities emitting about 25 tons of ozone-depleting volatile organic compounds and nitrogen oxides annually, or face the loss of funds. The major facilities, including power plants, manufacturers, and state and federal institutions, would pay about $7,500 per ton on emissions exceeding a baseline amount, if the Washington Metropolitan area fails to meet federal ozone standards by November 2005. Fees could reach as high as $25 million for larger polluters, according to the department. The estimated $68.5 million per year would be used to reimburse facilities that implement pollution-reducing technologies and measures. More than $300 million in transportation funds and other federal dollars hinge on the U.S. Environmental Protection Agency's approval of the plan, which is required under the 1990 Clean Air Act, said Thomas Snyder, the Environment Department's director of the Air and Radiation Management Administration. While the state's Department of Business and Economic Development supports the measure, it generally opposes penalizing Maryland businesses, especially since between 50 to 95 percent of area pollution comes from other states, said Associate Deputy Secretary James Rzepkowski. He further commented that the lack of an approved plan would be a "significant deterrent to manufacturing expansion in Maryland," and would put the state at "a competitive disadvantage with other states."
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Florida House Committee Approves Bill to Reduce Emissions (Palm Beach Post 3/24)http://www.palmbeachpost.com/politics/content/auto/epaper/editions/wednesday/business_
041660f8f02d50c800a0.html

A Florida House Committee on Natural Resources approved the Air Quality Improvement Act (HB 1631, SB 2798) last week. If passed by the full House and signed by the governor, the bill is expected to bring the state into compliance with federal air quality standards by requiring significant emissions reductions from state power plants. The House panel was largely in favor of more stringent emissions controls, but was concerned about the consumer impact in terms of potential rate increases. The Juno Beach-based FPL Group, Inc., which operates seven plants that would be affected by the bill, has said that the bill, if passed, will likely force them to increase rates for consumers. The bill would allow utility companies to request that the state Public Service Commission to recover costs incurred while complying with the law and would implement a seven-year rate freeze for consumers. If the bill passes, Florida will be the second state in the nation, after North Carolina, to implement voluntary reductions ahead of federal regulations. For more on how your state can clean up its air, visit: http://www.serconline.org/clean/index.html.
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Wisconsin Removes Wolves from Threatened List (Milwaukee Journal Sentinel 3/24)
http://www.jsonline.com/news/state/mar04/217145.asp

The Wisconsin Natural Resources Board approved plans last week to remove timber wolves from the state's list of threatened species, and is now listed as a protected non-game species. The species is still listed as threatened at the federal level, but is expected to be delisted next year. If so, Wisconsin would have complete control over wolf regulation in the state and could issue shooting permits to landowners for wolves that threaten their livestock. The timber wolf disappeared from Wisconsin years ago, and the state began a wolf reintroduction program in the mid-1970s. According to the DNR, the state had only 57 wolves in 1994; today, just 10 years later, that number is around 350. Wildlife biologists estimate that the current population would be a good level at which to maintain the species to avoid it becoming a nuisance to farmers, deer hunters, and livestock owners. The neighboring state of Minnesota, which now has a wolf population over 1,000, has received many nuisance complaints from state residents. For more information on wolves, visit: http://www.serconline.org/wolfpreservation/index.html.
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In-State Water Transfers Controversial (Atlanta Journal Constitution 3/23, Las Vegas Review-Journal 3/23)
http://www.ajc.com/metro/content/metro/legislature/0304/24water.html
http://www.reviewjournal.com/lvrj_home/2004/Mar-23-Tue-2004/news/23495956.html

Around the country, states are dealing with conflicts over water use, as urban areas look to their rural neighbors for water sources. In Georgia, Atlanta's search for water has prompted a bill banning wholesale water transfers across the state, which passed a Senate committee. HB 1615 closes a loophole in current law that could allow metro Atlanta to draw water from North Georgia and South Georgia. But it also exempts 16 counties in metro Atlanta from the prohibitions on transferring water within the area. The problem, environmentalists say, is that metro Atlanta crosses six of the state's 14 major river basins. If water can be moved inside the area to supply 2 million to 4 million more Atlantans, the impact downstream could be devastating, they say. Nevada is facing a similar situation. The Las Vegas Valley Water District recently reactivated seven applications for groundwater. The water authority wants State Engineer Hugh Ricci to approve the permits for plans to pipe the groundwater to Las Vegas and satisfy the area's growing demand for water. Opponents argue that not enough is known about Southern Nevada's deep water aquifers, including their capacity and interconnections, to approve water exportation permits. "This area is one of the driest in the United States," said Dennis Ghiglieri, representing the Toiyabe Chapter of the Sierra Club. "There may be no excess groundwater in these basins on a sustainable basis." Withdrawals of the 17,000 acre feet of water annually from the Three Lakes and Tikaboo valleys could dry up springs and seeps that are used by endangered plants and animals in Death Valley National Park and nearby wildlife refuges. Ghiglieri said Las Vegas should do more to conserve existing supplies to accommodate growth. For more information on how your state can conserve water, visit: http://www.serconline.org/waterconservation/pkg_frameset.html.
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Iowa House Blocks New Air Quality Rules (Quad-City Times 3/24)
http://www.qctimes.com/internal.php?story_id=1026058&t=Iowa+%2F+Illinois&c=24,1026058

The Iowa House voted last week to block new state air quality rules for livestock facilities until further studies on the airborne pollutants and odor they cause are completed. Backers of the bill said it would help reach a balance between protecting public health and protecting livestock producers who fear they are being driven from the industry, while others contend it is an attempt to delay putting any rules in place and would further endanger public health. Legislation passed two years ago gave the Department of Natural Resources (DNR) authority to set standards for ammonia and hydrogen sulfide. Rules announced last year by the DNR were quickly nullified because they were seen as too strict and their scientific validity was questioned. The bill would put in place state emission limits for hydrogen sulfide and ammonia that mirror federal levels. The DNR, which already has been studying the effects of hydrogen sulfide and ammonia, would have to extend its study up to three years before establishing new state standards. The agency would be prohibited from adopting rules that are stricter than federal regulations. The bill creates a health effects panel made of state and national experts to study odor from livestock confinements and make a report to the legislature by December 31, 2006. For more information on air quality from livestock facilities, visit: http://www.serconline.org/cafoAirEmissions.html.
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Washington State, Cruise Lines Strike Agreement on Dumping (Seattle Post Intelligencer 3/23)
http://seattlepi.nwsource.com/local/165929_cruiseship23.html

The state Department of Ecology has negotiated a voluntary agreement with cruise ship lines aimed at keeping the massive ships from dumping wastewater in Washington's inland marine waters. But the agreement has critics complaining that the ships face negligible penalties if they violate the deal. The agreement bars all wastewater discharges in state waters except from vessels equipped with advanced treatment systems certified by the U.S. Coast Guard. Regulating the waste produced by ships that can carry as many as 5,000 passengers and crew has been the subject of recent laws in Alaska and California, both busy cruise destinations. The upcoming memorandum of understanding helped derail a tougher discharge ban proposed by Washington lawmakers earlier this year after the Norwegian Sun dumped 40 tons of human waste into the Strait of Juan de Fuca in May. Cruise lines opposed the bill, and Ecology officials said it might disrupt a process that would provide protections this year. Critics, however, denounced the agreement as toothless. It's "worse than nothing because it provides a false sense of protection," said Fred Felleman of Ocean Advocates in Seattle. "The fact that there is no consequence to breaking this agreement makes it meaningless." In a one-week voyage, a ship generates about 1 million gallons of gray water, 210,000 gallons of sewage, and 35,000 gallons of oil-contaminated water, according to the Bluewater Network, an environmental group in Seattle. Most of that waste -- some treated, some not -- goes into the water at some point.
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MA: Task Force Wants to Zone the Ocean (Boston Globe 3/23)
http://www.boston.com/news/local/massachusetts/articles/2004/03/23/state_panel_to_recommend_
zoning_ocean_and_its_uses/

After a decade of mounting pressures on Massachusetts' coastal waters, with industries from fishing to wind farms competing for a resource once seen as virtually limitless, a state task force will recommend zoning the ocean much like private land. The state's 23-member Ocean Management Task Force is expected to call for a sweeping new state law to revamp and better oversee coastal water uses. The proposal would set rules governing competing uses of the sea, such as wind farming and fishing, and identify critical areas such as fish spawning regions that may need outright protection. Although short on specifics, the report is one of the first attempts by any state to coordinate the often jumbled management of state waters, which generally extend 3 miles from the U.S. shoreline. While other states such as Oregon, Hawaii, and North Carolina have created ocean authorities to better manage state waters, most are in their infancy. Authority in Massachusetts is currently spread out among many state agencies that do not necessarily follow the same overarching philosophy. To sort out the state's priorities, state Environmental Affairs Secretary Ellen Roy Herzfelder convened the task force last year, with a membership made up of scientists, policy makers, environmentalists, and fishermen. The report has already generated controversy among the commercial and recreational fishermen. Worried about being shut out of prime fishing grounds, fishing groups helped jettison a recommendation that would have given the state environmental affairs secretary authority to create "marine protected areas."
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California Clean Air Rule for Diesel Engines Made Optional (LA Times 3/25, Detroit Free Press 3/25)
http://www.latimes.com/news/local/politics/cal/la-me-trucks25mar25,0,763773.story?coll=
la-news-politics-california
http://www.freep.com/news/statewire/sw95145_20040325.htm

In 1998, regulators discovered that diesel truck engine manufacturers had programmed a computer chip to tell emissions testing equipment that their engines were emitting fewer pollutants than they really were. This discovery led California to strike an agreement with engine manufacturers to replace the chips with ones that would accurately reflect emissions data. Last year, when the California Air Resources Board discovered that the program wasn't moving as quickly as they had anticipated, the board revised its policy and the program, and made chip replacement mandatory. Now California has been forced, under threat of suit for contract violations, to revise the program once again by making the replacement program voluntary. Regulators are making this concession because they want chip replacement to begin immediately, and they fear that, if they press for continued mandatory compliance, the program will be stalled while the matter is resolved in courts. Diesel engines emit high levels of nitrogen oxides, pollutants known to cause smog. An aggressive marketing campaign pushing the "chip reflash" program will be backed by the California Trucking Association.
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Maine's New Rules Limit Liquidation Tree Harvesting (Kennebec Journal 3/22)
http://www.kjonline.com/news/local/518753.shtml

Maine's Forest Service is taking steps toward developing sustainable forestry practices in its state, by revising its logging rules to prevent liquidation harvesting -- the practice of purchasing, clear-cutting, and reselling a plot of land within five years. The proposed rules are backed by foresters, who practice sustainable harvesting, and forestry economists, who claim that companies that clear-cut land flood the market with cheap wood, tarnish the state's land legacy, fragment habitats and ecosystems, and damage the future of forestry in the state. Supporters also argue that there is a significant market for sustainable forestry wood products. Although the new rules still have loopholes, such as for foresters who own only smaller plots of land, they are a vast improvement upon the current policy, which puts no restrictions on clear-cutting. The proposed rules are currently in a public comment period.
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Illinois Gov. to Include Conservation Funds in Budget (State Journal-Register 3/22)
http://www.sj-r.com/sections/news/stories/20614.asp

Illinois Gov. Rod Blagojevich includes $30 million in his capital budget for natural resources conservation and recreation purposes -- $10 million to buy land to connect bicycle paths and improve access to forest preserves and recreational areas, and $20 million to be split up among three other land conservation programs. One is Conservation 2000, in which conservation groups can apply for money to keep lakes and rivers clean. The Fox River has benefited from this program in the past. One of the other programs will clean up the Illinois River in central Illinois, and one invites park districts to apply for federal matching grants for local programs. State lawmakers must approve Blagojevich's regular and capital budgets by the end of May or face an overtime session. For information on how you can conserve land in your state, visit: http://www.serconline.org/conservationfunding/index.html.
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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]