Wildlines Archives
Volume II, Number 1
January 6, 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:
 
 
 
 
 
 
 
 
Environmental Fiscal Reforms
New Rules in Works for Diesel Emissions
Lack of Funds Chokes Air Pollution Regulation
 
West Virginia AG Approves Corporate Water Takeover
North Carolina Aims to Meet Conservation Goal
Carolinas' Water Use Increasing
Species' Ranges Shifted by Global Warming
Bill Addresses Cleanup of Methamphetamine Labs
States Sue EPA over New Clean Air Rules
New Jersey Requires Carbon Monoxide Detectors in All Homes
2003 National Wetlands Awards Nominations due Jan 10, 2003
Environmental Fiscal Reforms (USA Today 12/5)
With the tremendous budget strains on state governments nationally, lawmakers are looking for ways to raise funds and improve tax fairness. Under these circumstances, lawmakers interested in fiscal reform can improve their state's environment through its fiscal policy using a tool called environmental fees or 'environmental tax shifting'. Environmental fees are very simple; by raising taxes on pollution and waste we discourage those harmful practices while making cleaner and safer alternatives more competitive. The intent is to use basic economic principles to get the market to tell the ecological truth. If done properly, environmental fees can help make markets work better by incorporating more of the indirect costs of goods and services such as pollution clean-up or state healthcare costs into the prices of products or services. The change in prices can change consumer and producer behaviors accordingly. By using these simple principles, you can improve environmental protection and create new economic opportunities. Far from hurting economies, environmental fees are just one strategy that may help us achieve a safer and more sustainable economy that is not detrimental to our environment and health. For more information on environmentally beneficial fiscal reforms, sample legislative examples, and helpful links, visit http://www.serconline.org/fiscal_issues.html.
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New Rules in Works for Diesel Emissions (Great Lakes Bulletin News 11/14)
The Environmental Protection Agency and the Office of Management and Budget are jointly drafting rules to reduce dangerous emissions from bulldozers, tractors, irrigation machinery and other diesel-powered equipment. The rules would force engine manufacturers to install state-of-the-art devices for capturing and treating exhaust gases, and require oil refineries to produce a low-sulfur diesel fuel required for anti-pollution devices. The proposed rules – to be formally announced next spring – would slash off-road diesel emissions by as much as 95 percent and bring them in line with newly adopted standards for heavy-duty diesel trucks and buses that traverse the nation's highways. Off-road diesel engines have been held to a much weaker standard than on-road vehicles since 1977. After power plants, off-road diesel engines are among the largest sources of pollutants that scientists have linked to premature deaths, lung cancer, asthma and other serious upper respiratory illnesses, according to the EPA. The proposed rules would save an estimated 8,300 lives a year and tens of billions of dollars annually in medical costs and lost workdays, according to government and private studies. But they also would add billions of dollars to the operating costs of diesel engine manufacturers and others who buy off-road equipment. Administration officials are exploring ways to mitigate the rules' impact on industry. For example, they are considering an approach that would allow the use of market-based averaging and emissions credit trading between off-road and highway engines.
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Lack of Funds Chokes Air Pollution Regulation (Des Moines Register 12/1)
Wisconsin has the worst record in the nation when it comes to processing air pollution permits. At least 280 companies are operating without permits, and some have been for as long as eight years. No permit means there is no limit on pollution levels, which means more polluted air. The cause: lack of funding at the Department of Natural Resources. The outgoing Governor eliminated fee increases, and the legislature has not come up with the funds necessary to deal with the backlog. Companies are not anxious to fix the situation, according to the Sierra Club, because they might have to spend more on pollution control. Environmental groups have turned to the EPA, asking it to force the DNR to speed up the processing of permits, but it's unclear where the money to do that will come from. As more and more states face budget problems, it's likely that permitting and enforcement of pollution laws around the country will suffer. To see what your state can do to address this problem, please visit http://www.serconline.org/fiscal_issues.html.
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West Virginia AG Approves Corporate Water Takeover (Charleston Gazette 1/3/03)
Last week West Virginia Attorney General Darrell McGraw said "yes" to a German conglomerate's takeover of West Virginia-American Water Co. All of the other 26 states in which American Water Works operates already have approved the takeover. WV was the last state to clear the $4.6 billion buyout by Germany's RWE and its British subsidiary, Thames Water. The new agreement, which must be approved by the state Public Service Commission, addresses the worries McGraw had about handing over 25 percent of W. Virginians' water supply to a foreign mega-corporation. RWE/Thames won't be able to export massive amounts of WV's water, Hughes said, because under the new agreement, RWE/Thames and AWW agree that they don't own or control the water, and they never will. Also, AWW can't export any more water from WV than it already does without PSC approval, according to the agreement. RWE/Thames gives up its right to use international trade laws to challenge the authority of state and local regulators, under the new agreement. International law experts said trade agreements such as GATS and NAFTA could override state and even federal rules – water-purity standards, for example, or rate caps. If the PSC adopts it, the WV agreement would be the stiffest one in the nation for RWE/Thames.
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North Carolina Aims to Meet Conservation Goal (Raleigh News and Observer 1/3/03)
Gov. Mike Easley's administration has started figuring out how the state can realize former Gov. Jim Hunt's goal of preserving 1 million acres of open land by 2010. The One North Carolina Naturally program aims to draw a master map of the undeveloped places most important to preserve and to protect wildlife and plants, to attract tourists and to keep waterways clean. The state Department of Environment and Natural Resources will try to reach the goal by targeting acquisitions by state and local governments, nonprofits such as the Nature Conservancy and private donors. Officials aim to develop a map by summer that shows natural features already preserved, key sites still unprotected and a plan to preserve the best of what remains at risk. The DENR is adding up sources of available money before it puts a funding request before the General Assembly this spring. Various state programs already pay to develop park lands, to leave farms and forests undeveloped and to buy land to reduce water pollution. State government has had to cut spending and raise revenue to close budget shortfalls of nearly $2.5 billion the past two years, but private groups have stepped in to the conservation breech.
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Carolinas' Water Use Increasing (Charlotte Observer 12/30/02)
Despite improved technology and education about conservation, water use in the Carolinas is growing faster than the population. Most of the increased use is due to new homes – and the lawns that inevitably go with them. More and more new homes come with sprinkler systems, which makes it easy to water, and over water, the lawn. After the drought last summer, cities and towns are searching for ways to reduce water use, and many are looking at limiting development as a solution. Municipalities have tried everything from limiting lawn size to outright bans on new development. New water deals have become contingent on smart growth as well, with some cities refusing to sell water to nearby towns unless they agree to limit their growth rate. For more on how states can conserve water, please see http://www.serconline.org/waterconservation/pkg_frameset.html.
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Species' Ranges Shifted by Global Warming (NY Times 1/2/03)
Global climate change is causing some species to shift both their ranges and when they start key life events like reproduction or migration, according to recent studies in the journal Nature. The increase in global temperature, most likely caused by human produced greenhouse gasses, has caused the range of some species to shift as much as 60 miles northward, and has prompted other species to begin migrating weeks earlier than usual. The studies' authors estimate that ranges are moving toward the poles at a rate of 4 miles per decade, and that key events are starting about 2 days earlier every ten years. All of this could cause severe ecological disruption and species extinction, in part because not all species are equally affected. Species may become separated, in time or space, from food or other resources. Pest species, on the other hand, may escape their natural predators and become an increasing problem to humans. The authors expressed concern that these dramatic changes had been caused by only one degree of warming over a century, since global temperatures are expected to rise at least 2.5 degrees in the next 100 years. For more information on what your state can do to protect wildlife, please see http://www.serconline.org/save_wildlife.html.
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Bill Addresses Cleanup of Methamphetamine Labs (Arkansas News Bureau 1/1/03)
People convicted of manufacturing methamphetamine would be responsible for paying to clean up the labs under Arkansas House Bill 1032. The bill would require the first $3,000 of any fines levied against convicted methamphetamine dealers or manufacturers to be placed in the state's Emergency Response Fund. The state Department of Environmental Quality would use that money to clean up laboratories, sites or substances used in the manufacture of the illegal narcotic. The labs are dangerous because they contain hazardous chemicals and can be costly to clean up. In the past, the state has relied on federal funding and grant money to get the necessary money to clean up the labs. Many small towns do not have enough money to clean up meth. labs, which have become dangers to the community.
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States Sue EPA over New Clean Air Rules (Star-Tribune 12/31/2002)
The Bush administration issued rules last week to make it easier for industrial plants and refineries to modernize without having to buy expensive pollution controls – and immediately was sued by nine states charging that the changes undermine their efforts to protect public health. The US EPA regulations, which go into effect in March, amount to a major change in the way older industrial plants will have to deal with air pollution when they expand, make major repairs or modify operations to increase efficiency. While the administration called the new approach badly needed to remove barriers to innovation and increased productivity, the lawsuit – filed only hours after the changes became final – argues that new breaks given industry amount to a "gutting" of the 1970 law that has been responsible for substantial air quality improvements over the past three decades. The more relaxed requirements "will bring more acid rain, more smog, more asthma, and more respiratory diseases to millions of Americans," said New York Attorney General Eliot Spitzer, calling them "a betrayal of the right of Americans to breathe clean healthy air." Along with NY, eight other Northeastern states – Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island and Vermont – joined in the lawsuit. Among the changes to become effective in March: -Companies will be given greater flexibility to modernize or expand without having to install new pollution controls, although the changes may lead to greater air emissions. -Plants that have installed state-of-the-art pollution controls will be assured they will not be required for 10 years to install more effective equipment even if they expand or change operations in a way that results in greater pollution. -Plants with numerous pollution sources may increase pollution from some sources as long as overall, plant-wide air emissions are not increased. -Companies are given greater leeway in calculating pollution to reduce the likelihood that new pollution controls will be required.
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New Jersey Requires Carbon Monoxide Detectors in All Homes (Atlantic City Press 1/6/03)
Homes in New Jersey must have a carbon-monoxide detector by next month. However, the new state regulations will be focused on newly constructed homes, existing homes that are being sold, and those undergoing significant renovation. Carbon monoxide is the leading cause of accidental poisoning deaths in the United States. The state's push for the detectors was prompted by a series of carbon monoxide poisonings statewide. Carbon monoxide is an odorless, colorless gas that can deprive the body of oxygen. Exposure can produce headaches, sleepiness, fatigue, confusion and irritability. At higher levels, symptoms can include irregular heartbeat, impaired vision, loss of coordination and death. Sources of carbon monoxide include unvented kerosene and gas space heaters, gas water heaters, wood stoves, leaking chimneys and furnaces, fireplaces and gas stoves. Automobile exhaust in unvented garages also is a serious threat. Area construction officials said the new regulation probably will cost a homeowner about $45 per carbon monoxide detector.
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2003 National Wetlands Awards Nominations Due Jan 10, 2003
The National Wetlands Awards Program honors individuals from across the country that have demonstrated extraordinary effort, innovation, and excellence through programs or projects at the regional, state, or local level. The deadline for nomination forms for the 2003 National Wetlands Awards is January 10, 2003 (postmarked). The program is co-sponsored by the Environmental Law Institute, U.S.EPA, U.S.D.A. Forest Service, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and Natural Resources Conservation Service. Awards are given for the following categories: Education/Outreach, Science Research, Volunteer Leadership, Land Stewardship and Development, and Outstanding Wetlands Program Development. To download the nomination form, please visit http://www.eli.org/nwa/nwaprogram.htm. For more information about the National Wetlands Awards Program, please e-mail wetlandsawards@eli.org, or contact Erica Pencak at 202-939-3822.
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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: info@serconline.org