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Nutrient
Management
Significant changes in agriculture in recent years have caused the
industry to become an increasingly large contributor to water pollution,
presenting a challenge for states. Incidents, such as the spilling
of millions of gallons of hog waste into the waters of North Carolina,
have prompted fears over the safety of current agricultural practices.
Also of concern is the introduction of nutrients into both ground
and surface water. Excessive nutrients, especially phosphorous and
nitrogen, have created a "dead zone" in the Gulf of Mexico,
while nitrates (which are harmful to human health) have been found
in private drinking wells in California. In the late 1990s, some
states, in order to regulate water pollution, made nutrient management
plans a requirement for most agricultural operations. Only recently
has the U.S. Environmental Protection Agency (EPA) handed down a
set of rules requiring certain agricultural operations to have a
nutrient management plan. With the agriculture industry changing
frequently, it is important for states, in order to protect the
environment, to have an effective tool for monitoring water pollution.
For more information on how your state can implement nutrient management
plans, visit: http://www.serconline.org/nutrientMgmt/index.html. |
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Massachusetts
Sets New Limits on Mercury Emissions (Boston Globe 5/26)
http://www.boston.com/news/local/massachusetts/articles/2004/05/26/tougher_emission_rules_set/
Massachusetts recently adopted one of the toughest rules in the
nation limiting mercury emissions from coal-fired power plants.
The new limits will force operators of four power plants to install
equipment to capture 85 percent of their mercury emissions by 2008
and 95 percent by 2012. Massachusetts power plants account for roughly
one-fifth of total mercury emissions in the state. The Massachusetts
mercury rule arrives while the U.S. Environmental Protection Agency
(EPA) is wrestling with federal regulations of the pollutant. The
proposed federal rules call for 70 percent mercury reductions, but
would not take full effect until 2018, and would allow plants to
buy and sell pollution credits. Supporters claim that, because mercury
has detrimental effects on local communities, trading programs are
not appropriate and are better suited for global reductions with
emissions of pollutants like carbon dioxide, nitrogen dioxide, and
sulfur dioxide. Under the Massachusetts rule, companies will not
be allowed an opportunity to trade pollution credits. Specifically,
the new regulations focus on four plants: Salem Harbor Station in
Salem, Mount Tom in Holyoke, and Brayton Point and NRG Power Station,
both in Somerset. By 2008 and 2012, under the plan, mercury emissions
would fall to 86 pounds and 29 pounds, respectively. For more information
on how your state can reduce mercury emissions and other emissions
from power plants, visit: http://www.serconline.org/clean/index.html. |
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Indiana
Legislature Continues to Leave Wetlands Unprotected
The Indiana legislature failed yet again to adequately protect Indiana's
isolated wetlands. Last session, the legislature passed (overriding
former Gov. O'Bannon's veto) HB 1798, which essentially removed
state protection for isolated wetlands. Isolated wetlands are now
classified according to an unscientific scheme that seeks to minimize
the amount of wetland area available for protection. The law classifies
wetlands into three categories: Class I, II, and III. To receive
a Class III classification (the most protective), a wetland must
be rare and ecologically important, or virtually undisturbed by
human activity or development. This Class III designation is very
difficult to obtain. A Class I wetland is one that has had a 50%
disturbance by human activity or development and a Class II wetland
is one that is not a Class I or III. Under the statute, a Class
I wetland under one-half acre does not receive any protection, nor
does a Class II wetland under one-quarter acre. Furthermore, human
activity or development for Class I and II wetlands is allowed under
an all-encompassing general permit, which does little to regulate
the types of activities to be conducted. This session the legislature
tried to fix HB 1798 by passing HB 1277, but, instead of restoring
protection to wetlands, the bill removed protections for wetlands
and bodies of water under 10 acres. It is important for states to
maintain protection for isolated wetlands because of the January
2001 Supreme Court decision that eliminated federal protection for
isolated wetlands. Indiana state legislators need to take another
look into the issue again next session, and remedy the statues they
failed to correct this legislative session. For more information
on how your state can protect isolated wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html. |
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California
Assembly Passes Cell Phone Recycling Bill (ENS 5/28)
http://www.ens-newswire.com/ens/may2004/2004-05-28-092.asp
Last week, legislation, establishing the nation's first cell
phone recycling requirement, passed the California State Assembly
41-32, and now advances to the State Senate. The bill requires
retailers of cell phones to provide consumers with a cost-free,
convenient system for the reuse and / or recycling of cell
phones and ensure that they do not end up in the waste stream.
The bill also requires public education to promote the recycling
of used cell phones. According to Assembly Member Pavley,
who is one of the authors on the bill, the 40,000 phones thrown
away everyday contain toxins, including arsenic, beryllium,
and lead. Assembly Member Devoe, another author of the bill,
added that some cell manufacturers have started voluntary
recycling programs that collect under 5% of the obsolete phones,
and the bill would help enhance the programs. For more information
on how your state can deal with obsolete electronic waste,
visit: http://www.serconline.org/ewaste/pkg_frameset.html. |
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Georgia
Approves Watering Restrictions (Macon Telegraph 5/27)
http://www.macon.com/mld/macon/news/local/8769340.htm
Statewide mandatory watering restrictions were approved by
the Board of Natural Resources recently, meaning homeowners
soon will have just three days a week to water their lawns.
The restrictions were approved as dry weather nudges Georgia
back toward drought, although state environmental officials
say a rainfall deficit isn't the only reason the permanent
restrictions were approved. Population growth and memories
of a four-year drought that ended just last year prompted
state planners to consider capping water use before another
dry spell hits. "Those four years of drought really taught
us we need to prepare for dry periods of weather," said
Kevin Chambers, spokesman for the state Environmental Protection
Division. He said the ban would not be lifted if rainfall
increases. Local governments have less than a month to implement
the watering schedule, likely an even-odd address system.
People with even addresses could water on Mondays, Wednesdays,
and Saturdays, and people with odd addresses could water on
Tuesdays, Thursdays, and Sundays. No outdoor watering would
be allowed Fridays. The outdoor watering restrictions would
also limit car-washing and outdoor window or house cleaning.
People who rely on outdoor watering for their jobs, such as
car wash owners or golf course operators, have generous exemptions
to make sure their businesses don't suffer, Chambers said.
For more on how your state can conserve water, visit: http://www.serconline.org/waterconservation/pkg_frameset.html. |
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California
Gov. Signs "Transit Village" Bill (Mercury
News 5/20)
http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/
8717304.htm?1c
Gov. Schwarzenegger signed a bill designed to spur new stores
and houses around city bus and light-rail stations, to match
more than $14 billion in transit investments in California
since 1990. The bill aims to eliminate obstacles to developing
so-called "transit villages," clusters of growth
within one-third mile of a bus, rail, or ferry station. Backers
say, while California has built more rail systems, miles of
track, and transit stations than any other state during the
past 30 years, most stations remain surrounded by conventional
car-oriented development. The bill cuts, by more than half,
the number of public benefits required in a city's transit
village plan. Cities and counties must now demonstrate five
benefits, rather than 13, in their transit-related development
plans. Among possible benefits to pick from are: relief of
traffic congestion, better air quality, redevelopment of depressed
or marginal neighborhoods, and better use of a city's existing
infrastructure. For more information on how your state can
promote smart growth, visit: http://www.serconline.org/sprawl/pkg_frameset.html. |
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Maryland
Governor Signs Several Environmental Initiatives (ENS
5/27)
http://www.ens-newswire.com/ens/may2004/2004-05-27-095.asp
A number of environmental initiatives were signed into law
last week in Maryland. Gov. Ehrlich signed legislation that
will increase the state's renewable energy production and
consumption, as well as a bill that funds efforts to reduce
nitrogen pollution in the Chesapeake Bay. One new law, the
Maryland Clean Energy Bill, requires the state's utilities
to increase the amount of renewable energy to 7.5 percent
by 2014. The signing of the bill makes Maryland the 15th state
to enact a renewable portfolio standard (RPS). Gov. Ehrlich
also signed legislation expanding Maryland's net metering
law, which allows electricity meters to run backward when
on-site solar power generators produce more electricity than
is used. The excess solar energy is sent to the power grid
for use by others. The law expands eligible resources to include
wind power and allows business customers to qualify for the
program. Finally, Gov. Ehrlich signed legislation setting
up the Chesapeake Bay Restoration Fund to pay for upgrades
of the state's 66 sewage treatment plants, in order to reduce
nitrogen pollution in the bay. A $2.50 monthly fee will be
added to the sewer bills of Maryland residents to pay for
the fund. For more information on RPS, visit: http://www.serconline.org/RPS/pkg_frameset.html.
For more information on net metering, visit: http://www.serconline.org/netmetering/index.html. |
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Missouri:
Agency Ending Voluntary Regulatory Program (Jefferson
City News Tribune 5/27)
http://newstribune.com/articles/2004/05/27/news_state/0052704010.txt
The Missouri Department of Natural Resources (MDNR) is eliminating
a program praised by both farmers and environmental groups
that allowed smaller animal farms to voluntarily seek environmental
permits. Missouri law only requires farms with more than 1000
animal units to obtain operating permits. Under the voluntary
program, farmers filled out applications and petitioned the
MDNR for letters of approval. These letters were, in turn,
used to seek federal funding and protect farmers against litigation.
Supporters cite that, although neither state nor federal law
requires agencies to issue permits to small farmers, the documents
are required as a prerequisite for obtaining funding, such
as federal grants to prevent runoff pollution and a loan program
through the U.S. Department of Agriculture, for animal waste
systems. At the same time, the letters reduced environmental
damage by encouraging exempted small farms to comply with
state regulations. Smaller farmers are now left in search
of private firms to obtain necessary certification to apply
for federal funds. |
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Maine:
New Rules to Reduce Liquidation Harvesting of Timberland (Kennebec
Journal 5/26)
http://www.kjonline.com/news/local/689908.shtml
Gov. John Baldacci approved new rules intended to make it
harder to buy, strip, and quickly resell plots of timberland.
The rules take effect in January 2005 and are meant to substantially
eliminate so-called "liquidation harvesting" within
five years. The new rules require landowners, who want to
buy, cut, and sell parcels within five years, to do one of
the following: limit harvesting to 50 percent of the merchantable
timber, as it existed when the parcel was bought; have a harvest
plan signed by a licensed forester; or, use a logger or forester
who has successfully completed a training course accredited
by the Forest Service. The new rules do contain 12 exemptions,
including owners who have less than 20 acres and owners whose
activities are independently certified by a third-party. Supporters
of the initiative urged lawmakers to crack down on liquidation
harvesting because they said the practice removes portions
of larger forest ecosystems, thereby shrinking animal habitat
and outdoor recreation opportunities for people. Woodland
owners who already practice sustainable harvesting said they
have been devastated by liquidation harvesting. |
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NH:
House Rejects Bill Aimed at Stopping 'Frivolous Lawsuits'
(Concord Monitor 5/26)
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20040526/REPOSITORY/405260349/1031
On the last day of the session, the New Hampshire House voted
to reject a bill aimed at preventing environmental groups
from filing lawsuits against state construction projects.
The provision was added as an amendment to the House's 10-year
highway plan. A similar bill, introduced by Sen. Clegg, was
also rejected by the House last year. Many House members said
the "frivolous lawsuit" provision was intended to
scare individuals and groups away from challenging road projects.
Others claimed that it would strip citizens of the ability
to challenge claims of eminent domain. The highway bill was
later renegotiated by the Senate, excluding the 'frivolous
lawsuit' provision, after the House voted 133-171, rejecting
it. |
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California:
Gas Mower Swap Aims to Reduce Smog (LA Times 5/23)
http://www.latimes.com/news/science/environment/la-me-mowers23may23,1,3205852.story?
coll=la-news-environment
Under a program sponsored by the South Coast Air Quality Management
District (AQMD), individuals are able to exchange their gasoline-powered
lawnmowers for quiet, environmentally sensitive, cordless
electric models worth $400. The offer was for each mower owner
to bring in a working gas model, and trade it and $100 for
an electric mower with cutting power equal to a 5-horsepower
gas model. AQMD officials exchanged 1,300 mowers, on a first-come,
first-serve basis at the amphitheater, in about four hours.
The swap was one of four arranged for this year. The program
is a repeat of one last year. Officials estimate that this
year's exchange of 4,000 mowers could reduce hydrocarbon emissions
by nearly 20 tons a year -- or what 172,000 new cars, driven
12,000 miles each, would emit. Cynthia Verdugo-Peralta, an
AQMD board member, said the agency picked up 75% of the tab
for the exchange, budgeting $820,000 for this year's program.
The balance was made up by the $100 payments of individuals
taking part in the exchange. |
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Vermont:
Gov. Douglas Signs Three Environmental Bills (Burlington
Free Press 5/27)
http://www.burlingtonfreepress.com/bfpnews/local/4000h.htm
Vermont Governor Jim Douglas gave final approval to three
environmental bills last week -- one that clears up the state's
stormwater regulations, another that makes it illegal for
anglers to sell or use lead sinkers in Vermont, and a third
that removes the legislature of its oversight of the deer
herd and deer-hunting regulations. The stormwater law clarifies
a messy regulatory scheme that left developers unable to obtain
permits for projects and forced people selling homes near
polluted streams to jump through legal hoops that complicated
title issues in numerous real estate transactions. The lead
sinker bill, which will become law on January 1, 2006, will
make it illegal for fishing tackle shops in Vermont to sell
lead fishing sinkers weighing an ounce or less. After Jan.
1, 2007, it will be illegal for anglers to use lead sinkers
weighing an ounce or less. Banning lead sinkers, say supporters
of the legislation, will be a boon to the health of Vermont's
growing loon population. Loons can die from lead poisoning
after ingesting the small, BB-sized sinkers. Maine, New York,
and New Hampshire have similar laws. HB 515 breaks a 108-year
tradition of allowing the legislature to oversee deer hunting
in Vermont. Hundreds of Vermont deer hunters begged for changes
during the past winter. The law, which becomes effective July
1, expands the size of the Fish and Wildlife Board and gives
the board the power to make changes in season dates for archery
and muzzleloader, set annual limits on the number of deer
a hunter may shoot, and change the definition of a legal buck.
All three bills were generated by the House Fish, Wildlife,
and Water Resources Committee and passed the full legislature
this month. |
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Michigan:
Tax Check-Off Proposed for State Park Preservation (Detroit
Free Press 5/27)
http://www.freep.com/news/mich/park27_20040527.htm
Michigan state parks may get a financial boost from a check-off
that could be added to state income tax return forms. A bipartisan-supported
bill involving the check-off will be introduced soon to the
Michigan state legislature. Individuals could donate up to
$2 to the state park system through the check-off. The money
would assist a state park system that has lost general fund
support in recent years and relies heavily on user fees from
campers and other visitors. No estimate was made of how much
money the check-off would raise. Establishing the tax return
check-off could be opposed by those who want to have as much
money as possible in the state's general fund, which is distributed
at the legislature's discretion. The Michigan state government
faces a $1.3 billion shortfall for the fiscal year that begins
October 1st. For more ideas on how to fund conservation in
your state, visit: http://www.serconline.org/conservationfunding/index.html. |
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