Home > Wildlines Archives > Wildlines, Volume III, Number 14
Volume III, Number 14
April 5, 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:
 
 
 
 
 
 
 
 
 
Biomonitoring
Washington Gov. Signs Package of Environmental Legislation
Alaskan Governor Announces Intentions for Offshore Drilling
 
South Carolina Conservation Funds in Jeopardy
Loopholes Send Millions in Tax Breaks to Developers
Maryland Septic Tank User Fee Endangers Chesapeake Bay Cleanup
New York: Snowmobile Trail Plan Questioned
Florida Developers Want to Redirect Water Intended for Everglades Restoration
EPA Requests State Plans on Lead Contamination in Schools
Michigan: Laws Target Out-of-State Trash
Maine Likely to Ban MTBE
Wyoming: Governor Proposes Wildlife Fund
Biomonitoring

Biomonitoring is the direct measurement of environmental chemicals, their primary metabolites, or their reaction products (such as DNA-adducts) in people -- usually in blood or urine specimens. Currently, human exposure information is limited. Reliable and accurate exposure data are required for studies that examine the relation between exposure and adverse health effects. Decision makers need information about which environmental chemicals actually get into people and at what levels to make decisions about public health issues that will benefit the American public. Biomonitoring is a type of research that allows us to measure the "pollution in people" by analyzing blood, urine, and breast milk samples for pollutants, synthetic chemicals, and industrial compounds. The data produced through biomonitoring can support efforts to improve public health by indicating trends in chemical exposures, identifying disproportionately affected and particularly vulnerable communities, linking environmental exposures and pollution-related disease, assessing the effectiveness of current regulations, and setting priorities for legislative and regulatory action. More than 85,000 synthetic chemicals have been introduced in the last 50 years for industrial, farming, and other uses, yet more than 90% of them have not been tested for their effects on human health. For more information on biomonitoring and state actions, visit: http://www.serconline.org/biomonitoring.html.
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Washington Gov. Signs Package of Environmental Legislation (Seattle Post-Intelligencer 4/1)
http://seattlepi.nwsource.com/local/167215_enviro01.html

Washington Gov. Gary Locke gave final approval to new, tougher standards for power plants -- the number one source of carbon dioxide emissions, which contribute heavily to global warming. The new law, which replaces the state's policy of determining regulations on a case-by-case basis, will require all future power projects to offset 20 percent of their expected carbon dioxide emissions. Plant owners can accomplish this in a variety of creative ways, from planting trees to paying for natural-gas-powered transit buses. Existing plants will not be affected. Gov. Locke says the state's new law is the toughest in the nation. The legislation is based on an Oregon program that was started in 1996, and is expected to cost the average household less than $1 each year. The power plant bill was one in a package of five bills, signed by the governor last week, aimed at reducing pollution and strengthening environmental regulations. Other bills address storm water runoff, oil spill prevention in area waters, and the introduction of invasive species through ballast water discharge. Another new law would require the use of "scientifically credible" data in developing and enforcing water-quality programs that address: the listing of waters whose beneficial uses are impaired by pollutants; developing total maximum daily loads (TDMLs) for impaired waters; determining if beneficial uses are supported; and, determining which waters are degraded. Proponents of this last bill say it was needed to clarify rules that were passed in 1995, which required the use of "best available science," but did not define that term. They also say the legislation is needed to allow for agricultural and economic development, after many local governments have proposed large buffers along waterways. Some environmental groups raised concerns over the scientific evidence bill, but most are pleased with Gov. Locke's decision to sign the five-bill package, expected to help preserve Washington's environmental legacy.
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Alaskan Governor Announces Intentions for Offshore Drilling (CNN & Land Letter 4/1)
http://www.cnn.com/2004/ALLPOLITICS/04/01/oil.drilling.ap/index.html
http://www.eenews.net/Landletter/Backissues/040104/040104ll.htm#1

Alaskan Governor Frank Murkowski has announced his intention to open up Alaska's shores for offshore drilling. After condemning "America's extreme environmental community," he noted his intention to stimulate oil development in his state, regardless of what action Congress takes on drilling in the Arctic National Wildlife Refuge (ANWR). The land slated for development extends along the whole north coast of ANWR, approximately 350,000 acres that, by law, extends three miles out from the state's shoreline and could be available for sale as soon as October. The announcement follows a move by the Alaskan legislature to open up Bristol Bay for oil and gas development, shortly after President Bush lifted a federal moratorium there. It was noted by some environmental groups, including the Sierra Club, that the move by Gov. Murkowski may be an attempt to fix the state's recent budget woes. Currently there is no estimate as to the amount of oil and gas that may be available, but state officials were quick to point out that ANWR's eastern edge holds the most promising reserves. State officials also pointed out that oil and natural gas will not be available for at least six years, because additional pipelines need to be constructed. The American Gas Association trumpeted the bold move, but Alaskan State Senator Donny Olson pointed out that current offshore drilling activity already has forced hunters to go farther out to sea for their whale hunts. Gov. Murkowski responded that he was sensitive to the needs of Alaska Native subsistence whaling and would work to mitigate the impact on whales. Missing from the conversation is any discussion of the potentially extensive impacts on other marine life, and the damage sure to be done by the construction of additional pipelines. Also missing is any consideration of reducing energy consumption through conservation and new technology. Instead of endlessly pursuing fossil fuels, it's time we look to alternative energy sources for our energy needs.
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South Carolina Conservation Funds in Jeopardy (The State 4/2)
http://www.thestate.com/mld/thestate/news/politics/8335576.htm

State senators and environmentalists say that South Carolina could miss its chance to preserve some wildlands and historical sites from development, if a conservation fund is raided. The land bank, created two years ago, was supposed to be funded this year. The state can use the money, raised from deed-recording fees, to issue grants to buy land or keep it from being developed. The Conservation Bank, by law, is supposed to get $10 million from next year's state budget, but the $5.3 billion state budget proposal House members passed to the Senate last month reserved just $7.5 million for the program -- and $5 million of that was for beach renourishment. At a State House news conference, more than a dozen senators, along with business and environmental leaders, urged voters to tell their senators to fully fund the Conservation Bank as they debate the budget this month. Charles Lane, chairman of the Conservation Bank board of directors, said the program has support from both parties, and business and conservation groups. They agree that it's important for the economy and the environment to preserve land from development. For more on how your state can fund conservation, visit: http://www.serconline.org/conservationfunding/index.html.
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Loopholes Send Millions in Tax Breaks to Developers (San Francisco Chronicle 3/31)
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/31/state1825EST0124.DTL

Millions of dollars in property tax breaks intended to preserve farmland are going instead to companies that bulldoze farms to build housing subdivisions, malls, and industrial parks, an Associated Press investigation has found. It's happening from coast-to-coast, costing local governments badly-needed revenue, or forcing them to increase the taxes of other property owners. The breaks can be enormous. Without them, landowners would typically pay 2 to 400 times more in property taxes. In most states, the tax breaks date back to the 1950s and '60s, when lawmakers became alarmed at the rate at which farmland was disappearing under concrete and asphalt. But loopholes in the laws are producing unintended, though perfectly legal, consequences. Here's what's happening: A developer buys land with the intention of building on it. During the years when he readies the property for construction -- preparing architectural plans, acquiring financing and permits, even building roads and laying water pipe -- he runs some cows or cuts some hay. Then he claims the tax break. Because of the loopholes, often even a pretense of farming can be enough to qualify. Every state offers some type of tax incentive to protect land from development. In some states, only working farms are eligible. In others, the breaks apply to agricultural land, whether it is being farmed or not, and some also include timberland or other open space. There has been a lot of talk about reforming laws governing land preservation tax breaks, but few have actually changed.
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Maryland Septic Tank User Fee Endangers Chesapeake Bay Cleanup (Washington Post 4/1) http://www.washingtonpost.com/wp-dyn/articles/A40555-2004Mar31.html

A key environmental initiative, proposed earlier this year by Maryland Gov. Robert Ehrlich, appears in danger of dying this legislative season unless an action concerning the controversial "flush tax" on septic tank users is reconciled. As proposed by Ehrlich, the original measure would add a $2.50 monthly fee to Maryland sewer bills to finance the modernization of the state's 66 largest sewage treatment plants. Sewage plants are the second largest source of nitrogen pollution in the bay, after agricultural runoff. However, the application of the $2.50 charge to septic tank users was not included in the original proposal, and was added while in the Senate Committee on Education, Health, and Environmental Affairs. The added measure would give the state Department of Environment one year to identify the 400,000 Maryland homeowners who use septic tanks, and figure out how to send them monthly bills. The chairman of the committee has threatened to prevent the measure from coming up for vote in the Senate unless the additional surcharge is agreed upon.
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New York: Snowmobile Trail Plan Questioned (Albany Times-Union 4/1)
http://www.timesunion.com/AspStories/story.asp?category=STATE&storyID=234311&BCCode=
&newsdate=4/1/2004

Environmental and health advocates want the state to revamp its proposed snowmobile plan for the Adirondacks, saying it doesn't go far enough to protect people and the environment from pollution. New York's Adirondack Park consists of 6 million acres of public and private land, about 20 percent of the entire state. The goal of the plan, proposed by the Department of Environmental Conservation (DEC) in December, is to establish a snowmobile trail system in the park that connects communities and other places of interest while protecting the environment and character of the Adirondacks, according to the DEC. However, John Stouffer of the Sierra Club questions why the plan fails to explore the amount of pollution brought in by snowmobiles, the number of snowmobiles in use, and the amount of trails that exist. As the popularity of motorized sports, including personal watercraft, has risen, conflicts have grown debating the proper use of the area. DEC spokesman Michael Fraser said the agency will look to strengthen the analysis of potential impacts of snowmobiles on the Adirondack Park.
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Florida Developers Want to Redirect Water Intended for Everglades Restoration (Miami Herald 3/31)
http://www.miami.com/mld/miamiherald/news/state/8316355.htm

Florida developers are engaged in an effort aimed at encouraging courts and the Legislature to scrap proposed rules that would help save water for Everglades restoration and state wetlands. The goal of the Everglades project is to restore the natural system that has been drained substantially for years and to construct reservoirs to trap water to be directed to South and Southwest Florida. The Florida Department of Environmental Protection had spent years developing the rules, which were finalized last week after numerous consultations with competing business, government, and environmental interests. Two weeks after those final plans were submitted, the Association of Florida Community Developers filed a legal challenge, arguing that the "vague" wording of the rules doesn't clarify how much water will be reserved for the environment. The group further questions the very basis of the Everglades project, calling it one of several "natural systems that no longer exist." The Association has hired two lobbyists; one claims she is close to what she calls a "benign" compromise that would set aside water for the environment, if water managers can clearly demonstrate a need for it and they will allow the scientific findings that are the basis for that need to be peer-reviewed by scientists hired by the affected parties -- provisions that would severely limit the environmental benefits of the proposed rules and make it more difficult to protect the Everglades area. Environmental groups are very concerned over the industry's push to include such provisions, but contend that all groups involved, including environmental advocacy groups like Florida Audubon, will have to agree to the rules.
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EPA Requests States' Plans on Lead Contamination in Schools (Washington Post 3/28)
http://www.washingtonpost.com/wp-dyn/articles/A29927-2004Mar27.html

Due to recent reports of unhealthy levels of lead in drinking water at schools and day-care centers across the country, the U.S. Environmental Protection Agency (EPA) is asking state governments to submit their existing programs for monitoring lead levels in water in order to protect children from its dangerous effects. Schools that lack such programs will be asked to detail what other steps they are taking to avoid childhood lead exposure. Numerous environmental groups and members of Congress have criticized the EPA for its lack of efforts to respond to lead contamination problems. Excessive lead levels have been reported in schools in many Washington D.C. suburbs, as well as in Baltimore, Maryland, and Syracuse, New York. In Seattle, Washington, some schools plagued with lead problems began supplying students with bottled water in January. Many are concerned that the problem could be much more widespread, since regular lead testing is required of municipalities, but there are no federal requirements for testing drinking water in schools. Many years ago, schools removed lead-lined drinking fountains after EPA tests reported widespread contamination; today, the problem stems from other neglected sources, such as solder and plumbing fixtures that can leach lead even if the water is not corrosive. EPA officials say such schools are a serious concern because lead can slow physical and mental development in infants and young children. In the late 1980s, the EPA required public schools to test for lead in drinking water, but interpreted a 1996 decision in federal court as barring it from mandating tests because that was deemed the purview of the state. New reports of dangerous contamination levels have many school districts scrambling to address the issue and to develop action plans.
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Michigan: Laws Target Out-of-State Trash (Detroit Free Press 3/27)
http://www.freep.com/news/mich/trash27_20040327.htm

Michigan Gov. Jennifer Granholm signed 11 new bills that will curtail out-of-state trash, including waste from Canada, from being dumped in the state's landfills. The legislation prohibits landfills from accepting waste that doesn't adhere to the same standards Michigan has for its own waste, puts a 2-year moratorium on new landfills, increases landfill inspections, and tightens enforcement of solid waste laws. Trash from other states and Canada accounts for about a quarter of the waste dumped in Michigan landfills. The new rules are expected to face a legal challenge from Michigan's solid waste industry on the grounds that the restrictions violate national and international laws protecting commerce.
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Maine Likely to Ban MTBE (Portland Press Herald 3/29)
http://www.pressherald.com/news/state/040329mtbe.shtml

A bill banning MTBE awaits final approval from Maine legislators, but is expected to pass without trouble and go into effect on Jan. 1, 2007. Maine is one of 17 states that either have MTBE bans or are considering them, years after the additive was discovered to be contaminating water supplies. MTBE was added to gasoline to reduce harmful emissions from vehicles. It has since been proven not to be as effective in this area as originally thought. Additionally, the chemical is highly soluble and travels quickly through soil to groundwater. MTBE has been detected in hundreds of public water supplies in 28 states, including, as of 1998, 16 percent of public water supplies in Maine. Thousands more private wells have been tainted with the substance, a potential carcinogen that even in tiny amounts makes water taste like turpentine. MTBE began appearing in Maine gasoline in 1995, after the state signed on to the federal reformulated gas program. Connecticut and New York implemented MTBE bans that began in January.
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Wyoming: Governor Proposes Wildlife Fund (Casper Star-Tribune 3/29)
http://www.casperstartribune.net/articles/2004/03/29/news/wyoming/cf4dac2b3fa1457187256e65000945fc.txt

One penny for every million cubic feet of natural gas produced in Wyoming should go into a state fund to help mitigate habitat and wildlife impacts from oil and gas development in areas like the Upper Green River Basin in southwestern Wyoming, Gov. Dave Freudenthal says. The monies could be used to focus on securing more habitat and wildlife resources. The fund would be separate from general assistance granted to municipalities by the state. The governor estimated the fund could generate up to $10 million per year, based on current natural gas production in the state. Wyoming sits on some of the largest natural gas reserves in the nation. Freudenthal would like to expand natural gas extraction, but the state needs approval from the federal Bureau of Land Management before it begins. For more information on conservation funding, 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: info@serconline.org