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Hazardous Materials Transport Safety Permit Proposed WASHINGTON, DC, August 19, 2003 (ENS) - Vehicles carrying radioactive materials, explosives, substances that are extremely toxic when inhaled, or large amounts of natural gas would require a hazardous materials safety permit under a new proposal issued today by the U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA).More than 800,000 shipments of hazardous materials are hauled by motor carriers on U.S. highways every day. To obtain a hazardous materials safety permit from the FMCSA, today's proposal requires that motor carriers have a satisfactory rating, a satisfactory security program, and be registered with the Department's Research and Special Programs Administration. "Hazmat cargo represents a large segment of the freight being transported daily across America, and the Department is committed to ensuring its integrity and security," said Transportation Secretary Norman Mineta. "This proposal would coordinate the resources of two DOT agencies to enhance the safety and security of hazardous materials being transported by motor carriers." All motor carriers, including Canadian and Mexican motor carriers engaged in interstate or intrastate commerce in the United States, would be required to have the hazardous materials safety permit when transporting the four specified types of substances. The hazardous materials safety permit program would cover highway route controlled quantities of radioactive materials; more than 55 pounds of Class A or B explosives; more than one quart of hazardous material designated as extremely toxic by inhalation; and a package of 3,500 gallons or more of liquified natural gas. The safety permit would be valid for two years. Motor carriers would need to have a copy of the safety permit in the vehicle transporting a designated hazardous material. Implementation of the safety permit requirement would be phased in beginning January 1, 2005. For motor carriers already transporting these materials in interstate or intrastate commerce, there would be a two year phase in period to obtain the safety permit. A motor carrier that is not involved in the transportation of a permitted material on January 1, 2005, would need to apply for and receive a safety permit before transporting the designated hazardous materials. The FMCSA is also proposing that a safety permit be suspended or revoked if a motor carrier fails to maintain its satisfactory rating, fails to comply with an out-of-service order, does not comply with the Federal Motor Carrier safety regulations, hazardous materials regulations, or compatible state requirements, or fails to pay a civil penalty, said FMCSA Administrator Annette Sandberg. The rule would require a pre-trip inspection of a commercial motor vehicle transporting a quantity of radioactive material large enough so that its highway route is controlled. Generally, these are quantities of materials that emit high levels of radioactivity. The pre-trip inspection would have to be performed by a government inspector employed by or under contract to a federal, state, or local government. Under this proposed rule, the FMCSA would not require states to use uniform forms and procedures for intrastate transportation of hazardous materials nor would it require states to register those transporting hazardous materials intrastate. The FMCSA also proposes to add "acute" and "critical" regulations to fully assess a rating of carriers that transport hazardous materials. Acute regulations would be those needing immediate corrective action by a motor carrier. Critical regulations would be those where noncompliance relates to management and operational controls. These regulations include failing to provide security awareness training, failure to adhere to a required security plan, and failure to make copies of a security plan available to hazmat employees. Violators of the new rule would be subject to civil penalties of not more than $25,000 or less than $250 per violation, and criminal penalties for willful violations of up to $50,000 per violation or five years in prison. Written comments on this supplemental notice of proposed rulemaking should be sent by October 20 to the USDOT Docket Facility, ATTN: Docket No. FMCSA-97-2180, Room PL-401, 400 Seventh Street, S.W., Washington, DC 20590-0001; Fax: 202-493-2251. This notice of proposed rulemaking is in today's Federal Register. The rule also is posted on the Internet and can be viewed after searching at: http://dms.dot.gov/. Comments may be submitted at: http://dms.dot.gov/submit.
Forest Service Can Limit Irrigation to Protect Salmon SEATTLE, Washington, August 19, 2003 (ENS) - The Ninth Circuit Court of Appeals has upheld a lower court ruling that the government could restrict the use of U.S. Forest Service land for irrigation ditch rights of way in order to protect endangered chinook salmon or other federally protected species.The opinion affirms a decision by the United States District Court for the Eastern District of Washington. "This is good news for salmon because the Forest Service manages so much salmon spawning habitat along the west coast," said John Arum, one of the attorneys representing a coalition of local, state, and national environmental groups that had intervened to defend the federal action. The case involved irrigation ditches that cross land within the Okanogan National Forest, located east of the Cascade Mountains in the Methow River Basin of Washington. The Forest Service concluded that it could continue to allow the use of its land for irrigation ditches only if their use did not threaten to harm listed fish or their habitat. Existing healthy streams in the Methow Basin are both scarce and important for recovery of steelhead and chinook salmon because more than 1,100 miles of historically accessible rivers and streams are now blocked by Chief Joseph Dam. The Pacific Legal Foundation, an organization that frequently challenges federal environmental statutes such as the Endangered Species Act, led the legal challenge to the Forest Service's position. But the court specifically determined that a number of statutes "give the Forest Service authority to maintain certain levels of flow in the rivers and streams within the boundaries of the Okanogan National Forest to protect endangered fish species." "We hope this decision will help convince folks to stop fighting the Endangered Species Act and instead start working together to find solutions that provide endangered fish species like salmon and steelhead the water they need to survival and recover," said Michael Mayer of Earthjustice, an attorney who also represented the environmental interveners.
Enviros Say Sprawl Can Be Slowed by Law WASHINGTON, DC, August 19, 2003 (ENS) - The National Environmental Policy Act (NEPA) has helped curtail the environmental impact of major transportation projects, according to a report released Monday by the Sierra Club and the Natural Resources Defense Council (NRDC).NEPA, enacted in 1970, requires the federal government to study and disclose the environmental effects of federally funded road and highway projects and to involve the public in their planning. "NEPA makes transportation projects better," says Neha Bhatt of the Sierra Club's Challenge to Sprawl Campaign. "In project after project, NEPA has given us the information and the input we need to make smart transportation choices and protect our quality of life." The environmental groups issued the report as part of an effort to derail efforts by the Bush administration and some Congressional Republicans to limit NEPA compliance. The administration and its supporters say environmental concerns can still be met if NEPA requirements are limited, and contend these reforms are needed to expedite federal road building projects. The report, "The Road to Better Transportation Projects: Public Involvement and the NEPA Process," makes the case for preserving NEPA protections by documenting how the law makes projects better and helps to avoid costly and often irreversible problems down the line. The report details a dozen road projects across the country that highlight the successful role NEPA has played in transportation policy. In Florida, for example, NEPA compliance ensured that a road that crosses the Everglades in the aptly named "Alligator Alley" featured design techniques that reduced environmental damage, including 24 wildlife underpasses and continuous fencing along 40 miles of the route to reduce road kill. The report details how in Massachusetts, NEPA compliance was critical in a $290 million effort that transformed Route 146 from a two lane access road to a four lane parkway while preserving physical and historic characteristics of the corridor. "We need NEPA because there is no such thing as a do-over in highway construction," explains Deron Lovaas, deputy director of NRDC's Smart Growth program. "Without this law, people would not have a voice in how and where roads get built."
Blackout Causes Shellfish Ban in Two New Jersey Bays TRENTON, New Jersey, August 19, 2003 (ENS) - Some 25,000 acres of New Jersey waters have been temporarily closed to shellfishing after widespread power outages last week allowed raw sewage from New York City to bypass some treatment facilities.The New Jersey Department of Environmental Protection (DEP) ordered the state's Raritan and Sandy Hook bays closed to shellfishing on Sunday in the wake of marine water tests conducted Saturday. Those tests found four of 23 water samples exceeded the shellfish harvesting standard for fecal coliform. Tests on samples taken Sunday show conditions had not changed, according to the DEP. The spill has so far affected about a quarter of the harvestable waters in Raritan and Sandy Hook bays, but the DEP has taken the precautionary step of closing all harvestable waters, about 25,000 acres, in the two Monmouth County bays. Reopening of these waters will be based on results of continued water monitoring, according to DEP Deputy Commissioner Joanna Samson. Once it is clear that bacteria levels are subsiding, the unaffected shellfish beds may be reopened after two consecutive days of acceptable water quality readings. Additional weeks of closure will be required in shellfish beds where fecal coliform levels exceeded standards, so the shellfish have time to purge themselves of contaminants. The DEP says the bulk of the pollution came from New York City sewage that bypassed two treatment facilities and a pump station in New York during the North American power outage that began Thursday afternoon. Federal, state and private industry investigators are still uncertain exactly what caused Thursday's blackout, which affected some 50 million Americans and Canadians.
Fish and Wildlife Funds 10 Great Lakes Projects WASHINGTON, DC, August 19, 2003 (ENS) - The U.S. Fish and Wildlife Service today announced 10 Great Lakes fish and wildlife restoration projects totaling $571,750 for tribal governments, five states and the Great Lakes Fishery Commission. The federal agency says these projects will help replenish habitat and improve natural resource management in the Great Lakes Basin."There are enormous treasures, enormous fisheries and enormous economics all at play here," said Fish and Wildlife Service Director Steve Williams. "This work has never been more important." Funded under authority of the Great Lakes Fish and Wildlife Restoration Act, the 10 approved projects focus on the rehabilitation of sustainable fish populations. They include the study of various species of fish, their reproduction, distribution, movement, diet and habitat within the Great Lakes ecosystem. One project, for example, will develop a Great Lakes geographic information system to help drive future habitat restoration efforts. Another will map lake trout spawning reefs in Lake Michigan and study spawning of fish stocked by national fish hatcheries. Another project will attempt to determine whether steel hulled barges help fish move past obstructions, such as the electric barrier designed to stop the Asian carp from moving to Lake Michigan through the Chicago Sanitary and Ship Canal. Funds will go to the University of Michigan, the U.S. Geological Survey, the State University of New York in Freedonia, the University of Illinois, the University of Wisconsin in Milwaukee and the Great Lakes Fishery Commission. No one would argue the projects are needed, but concern remains about the federal government's commitment to the Great Lakes. The ecosystem is threatened by sediment pollutant, invasive species and pollution from urban and agricultural runoff, including raw sewage, as well as a myriad of air pollution from vehicles and industry. A report by the General Accounting Office (GAO), the investigative arm of the U.S. Congress, determined that more than $3.6 billion has been spent on Great Lakes restoration between 1991 and 2001 - $2.2 billion by the federal government and $1.4 billion by the states. Some 181 federal and 68 state programs spanning 10 agencies in all eight Great Lakes states aim to restore the ecological health of the world's largest fresh water system. But the GAO found that there is no overarching strategy for the patchwork of federal and state restoration efforts, no clear authority to set priorities, and no agreement on indicators to measure the health of the ecosystem or the progress made to restore it. Bipartisan legislation has been introduced in the House and the Senate to dedicate steady funding and a clear strategy to the Great Lakes restoration efforts.
Southern Birds, Longleaf Pine Attract Conservation Funding ATLANTA, Georgia, August 19, 2003 (ENS) - Southern Company, one of the largest U.S. energy producers, has extended its Power of Flight bird habitat conservation partnership with the National Fish and Wildlife Foundation (NFWF) for four years, both organizations announced Monday. The grant program benefits birds and their habitat in Georgia, Florida, Alabama, and Mississippi.The National Fish and Wildlife Foundation, based in Washington, DC, aims to promote healthy populations of fish, wildlife, and plants by "generating new commerce for conservation," the organization says. The NFWF creates partnerships between the public and private sectors and invests in conservation and sustainable use of natural resources. The foundation does not support lobbying, political advocacy, or litigation. Southern Company also launched a separate partnership with NFWF to restore the South's signature longleaf pine ecosystem with the aim of conserving biological diversity and sequestering carbon dioxide, the main heat trapping greenhouse gas. The longleaf pine ecosystem once occupied more than 90 million acres of the coastal plain in the southeastern United States, but today fewer than three million acres of this ecosystem remain. Southern Company and its operating companies are working with the National Fish and Wildlife Foundation to implement a five year, $8 million carbon sequestration restoration partnership for longleaf pine. "Conserving bird habitats and the longleaf pine ecosystem are important aspects of Southern Company's stewardship initiatives, as they each play a critical role in the South's culture, environment and economy," said Charles Goodman, Southern Company senior vice president of research and environmental affairs. Conservation efforts will focus on areas within the service territories of Southern Company's five operating companies: Alabama Power, Georgia Power, Gulf Power, Mississippi Power and Savannah Electric. "Southern Company's commitment to habitat conservation in the southeast is exemplary," said John Berry, NFWF executive director. "The longleaf pine ecosystem is found nowhere else on earth, and through Southern Company's leadership, thousands of acres of this unique habitat will be restored. The Power of Flight program for birds complements the longleaf focus, and will help restore red-cockaded woodpeckers, bobwhite quail, and other species native to this region." The Power of Flight program, which took off in August 2002, focuses on bird habitat conservation and education efforts covering the South's most threatened, endangered, or declining bird species such as the red-cockaded woodpecker. This woodpecker is dependent on old growth southern pine forests, and open stands of pine with 80 to 120 year old trees are preferred for nesting habitat. The decline in red-cockaded woodpeckers is due to loss of habitat. The new dense stands of pine that have replaced the old growth are uninhabitable for the woodpeckers. Southern Company will provide $250,000 annually to the Power of Flight program. NFWF will match Southern Company's $250,000 contribution dollar for dollar. The company will also donate $50,000 to support the foundation's bird conservation programs. Earlier this year, grants were awarded under the pilot program to eight conservation organizations and natural resource agencies committed to conserving birds and their habitats. Grant recipients supply matching funds for their Power of Flight awards on a minimum of a one-to-one basis, thereby generating more than $1 million annually.
Mayo Clinic Offers West Nile Study Ahead of Publication ROCHESTER, Minnesota, August 19, 2003 (ENS) - As the peak transmission season of the West Nile virus reaches its midpoint this week, the journal "Mayo Clinic Proceedings" has released online a manuscript prior to publication, so clinicians and the public can quickly access the latest information on the disease."Given the recent proliferation of the West Nile virus, clinicians will likely benefit from a brief, well organized review of the latest data on the epidemiology, clinical presentation, diagnosis and treatment of infections," says William Lanier, M.D., editor in chief of Mayo Clinic Proceedings. "To assist with both physician and patient education, the Proceedings has released to its Web site a 'Concise Review for Clinicians' entitled 'West Nile Virus: Epidemiology, Clinical Presentation, Diagnosis and Prevention.' This early release of information to the journal's Web site will precede print publication of the article, which is scheduled for Sept. 1, 2003." The timing of the early release of the Proceedings review article is in response to a recent, dramatic increase in the rate and geographical distributions of West Nile virus infections. Last year, health officials saw a rapid expansion of the virus when it went from 10 states in 2001 to 39 states, plus Washington, D.C. It caused 284 deaths in 2002 compared to nine in 2001, according to the Centers for Disease Control (CDC). In 2003, West Nile virus infections have already been identified in 42 states and, at the current rate of reporting, the number of infections is expected to surpass that of 2002. Dr. Stephen Ostroff, deputy director of the CDC's National Center for Infectious Diseases, told reporters at a briefing Thursday that West Nile virus is "really picking up momentum within the United States." The disease was discovered in the United States in 1999, and based on prior seasons, Dr. Ostroff said the peak period of West Nile activity is known to be late August and early September. To date, the CDC is reporting a total of 599 human cases of West Nile Virus infection in the United States. Eleven people have died. About 50 percent of these cases are being reported from the state of Colorado, and the next highest number is from South Dakota, followed by Texas. "As opposed to what was seen last season, where a lot of the earliest activity was in the Mississippi, Lower Mississippi River drainage area, a great deal of the West Nile activity that we are currently seeing is in the high plains and in the Rocky Mountain region," Dr. Ostroff said. The "Mayo Clinic Proceedings" review of the West Nile virus, by Priya Sampathkumar, M.D., a specialist in infectious diseases at Mayo Clinic in Rochester, includes the most current epidemiology, virology, transmission, management and prevention of the disease in humans, as well as the disease's effects on animals. There is no specific treatment or vaccine against West Nile virus. The most common way people are infected is through mosquito bites. The mosquitoes become infected when they feed on infected birds. The virus is not transmitted from person to person through mosquito bites. The virus has been detected in dead birds of at least 138 species. Birds of the family Corvidae, crows and blue jays, appear to be particularly susceptible to West Nile virus. People at greatest risk of exposure include those working outdoors when mosquitoes are actively biting, such as farmers, foresters, landscapers, groundskeepers, and construction and other outdoor workers. Five new modes of virus transmission were recognized in 2002, including blood transfusion, organ transplantation, breast feeding, the placenta of a mother to the fetus, and injuries to laboratory workers. Dr. Sampathkumar's article is online at: http://www.mayo.edu/proceedings/2003/sep/7809crc.pdf. It will be published in the September issue of the journal.
Public Library of Science Opens With Borneo Elephants SAN FRANCISCO, California, August 19, 2003 (ENS) - A new study from a new scientific journal settles an old question about the genesis of an endangered species of elephant on the island of Borneo. With little fossil evidence supporting a prehistoric presence, scientists could not determine whether Borneo's elephants descended from the Pleistocene era or from modern relatives introduced just 300 to 500 years ago.Applying DNA analysis and dating techniques to investigate the elephants' evolutionary path, researchers from the United States, India, and Malaysia, led by Don Melnick of the Center for Environmental Research and Conservation at Columbia University, demonstrate that Borneo's elephants are not recent arrivals. They are genetically distinct from other Asian elephants and may have parted ways with their closest Asian cousins when Borneo separated from the mainland, isolating the Borneo elephants some 300,000 years ago. Wild Asian elephant populations are disappearing as human development disrupts their migration routes, depletes their food sources, and destroys their habitat. This new research will give elephant conservationists clues as to the management of the Borneo elephants. The genetic divergence of the Borneo elephants warrants their recognition as a separate evolutionary significant unit, the researchers state. "Thus, interbreeding Borneo elephants with those from other populations would be contraindicated in ex situ conservation, and their genetic distinctiveness makes them one of the highest priority populations for Asian elephant conservation." This research will be published in the inaugural issue of "PLoS Biology" from the Public Library of Science (PLoS), a non-profit organization of scientists and physicians is committed to making the world's scientific and medical literature a freely available public resource. The PLoS journals will be governed and operated by scientists. With help from a $9 million grant from the Gordon and Betty Moore Foundation and in kind support from the Howard Hughes Medical Institute, PLoS will launch its first publication "PLoS Biology" in October. The nonprofit scientific publishing venture will provide scientists with high quality, high profile journals in which to publish their most important work, while making the full contents freely available for anyone to read, distribute, or use for their own research. The PLoS journals will incorporate rigorous peer review and high editorial and production standards, but will use a new publishing model that will allow PLoS to make all published works immediately available online, with no charges for access or restrictions on subsequent redistribution or use. The Borneo elephant article is available from the Public Library of Science at: http://www.plos.org/downloads/elephants_plosbiology.pdf
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