Home > Wildlines Archives > Wildlines, Volume III, Number 22
Volume III, Number 22
June 1, 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:
 
 
 
 
 
 
 
 
 
 
Nutrient Management
Massachusetts Sets New Limits on Mercury Emissions
Indiana Legislature Continues to Leave Wetlands Unprotected
 
California Assembly Passes Cell Phone Recycling Bill
Georgia Approves Watering Restrictions
California Gov. Signs "Transit Village" Bill
Maryland Governor Signs Several Environmental Initiatives
Missouri: Agency Ending Voluntary Regulatory Program
Maine: New Rules to Reduce Liquidation Harvesting of Timberland
NH: House Rejects Bill Aimed at Stopping 'Frivolous Lawsuits'
California: Gas Mower Swap Aims to Reduce Smog
Vermont: Gov. Douglas Signs Three Environmental Bills
Michigan: Tax Check-Off Proposed for State Park Preservation
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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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