• Watersheds Top Priority for Fresh Ag Conservation Program
  
• Smog to Thicken Before New Standards Take Effect
  
• Port of Los Angeles Seeks to Build Green Terminal
  
• NRC: Red Alert for Faulty Pumps at Wisconsin Nuclear Plant
  
• New Jersey Bans Dumping of Superfund Waste in Public Sewers
  
• Pure Hydrogen Production Advances Fuel Cell Technology
  
• Gypsy Moths Invade Western Washington
  
• Salmon Return to Creek on California University Campus
  

Watersheds Top Priority for Fresh Ag Conservation Program

The rule proposes to prioritize producer eligibility for payments based on selected priority watersheds. The eligible watersheds would be announced and identified through a signup notification, which is targeted for the summer of 2004.

“The Conservation Security Program will reward the best and motivate the rest by identifying those agricultural producers who historically have been the best stewards of their land while providing incentives for those who want to increase conservation practices,” said Agriculture Secretary Ann Veneman when issued the proposed rule on Wednesay.

“The results will be improved soil and water quality, reduced soil erosion and enhanced critical wildlife habitat,” she said.

Authorized by the 2002 Farm Bill, the program was set up with an unspecified annual funding level from FY2003 through FY2007, with an overall spending cap of $3.77 billion.

Applicants for funding must address water quality and soil quality concerns as program eligibility criteria, and enrollment will be targeted to those demonstrating the highest levels of stewardship.

Under the proposal, agricultural land in cropland, orchards, vineyards, pasture and range will be eligible for the Conservation Security Program, regardless of size, location or crops produced. Exceptions are forest land or land enrolled in three other federal programs - the Conservation Reserve Program, Wetlands Reserve Program or Grassland Reserve Program.

The fundamental intent of the new Conservation Security Program is to complement existing programs by supporting ongoing conservation stewardship of agricultural working lands and enhancing the condition of America’s natural resources, Veneman said.

Through intensive management to increase soil and water quality, such as conservation tillage, nutrient management and grazing management, the program is expected to yield benefits for critical wildlife habitat and at risk species of wildlife.

Under the proposed three tiered system a producer could earn no more than $20,000 a year as an annual base component for the benchmark conservation treatment.

On the second tier, a producer could earn up to $35,000 for maintaining existing conservation practices. On the third tier, a producer could earn $45,000 annually as an enhancement component for exceptional conservation effort.

The proposed rule, as well as additional information on CSP and other conservation programs, is available on the NRCS Web site at http://www.nrcs.usda.gov/programs/farmbill/2002/products.html.

A draft Environmental Assessment (EA) has been prepared to assist in determining whether this proposed rule, if implemented, would have a significant impact on the quality of the human environment. Based on the results of the draft EA, NRCS proposes issuing a Finding Of No Significant Impact before a final rule is published.

Comments on the CSP proposed rule are welcome for the next 60 days. Send comments to david.mckay@usda.gov or by mail to Conservation Security Program Comments, ATTN: David McKay, NRCS Conservation Operations Division, P.O. Box 2890, Washington, D.C. 20013.

Smog to Thicken Before New Standards Take Effect

The analysis by Environmental Defense, a national advocacy organization, says that before the transition to a stricter smog standard is complete in 2010, more pollution will be allowed than would occur if the current standards were kept in place until then.

"Starting in 2005, EPA’s proposal would allow nitrogen oxides and volatile organic compounds from New York area motor vehicles to increase at least 20 percent and 11 percent respectively by 2007 and beyond," says the study's lead author Environmental Defense transportation director Michael Replogle.

Motor vehicles are a major source of the volatile organic hydrocarbons and nitrogen oxides that combine in the presence of heat and sunlight to form smog.

"Our study shows that when the latest emission estimates are factored in, we would see an even greater jump in allowable pollution," Replogle said, "This could put the region 63 tons per day over adopted pollution limits, violating even the weaker old health standards.”

"This rule would remove critical public health protections in metro New York and other areas before new smog standards are in force, rolling back existing clean air safeguards," said Environmental Defense health program director physician, Dr. John Balbus.

In 1997, in response to evidence that the adopted one hour ozone health standard was not adequately protecting public health, the EPA adopted a more stringent eight hour ozone National Ambient Air Quality Standard. EPA’s authority to adopt this new standard was challenged by industry all the way to the Supreme Court where the standard was upheld.

After long delay, in 2002, EPA settled a lawsuit with environmental groups to establish a firm timetable for implementing the new standard, agreeing to designate new eight hour ozone non-attainment areas by April 2004, with the expectation that most areas would submit to EPA new eight hour state implementation plans with motor vehicle emission budgets by April 2007.

On October 22, the EPA published for public comment a proposed conformity rule to govern the transition from the one hour to the eight hour ozone standard.

In this document EPA declared its intention to revoke the one hour ozone standard one year following final designation of new eight hour ozone areas, in April 2005 and negate motor vehicle emissions budgets for the one hour state implementation plans that are a foundation of the transportation conformity process.

The result of this EPA proposal, says Environmental Defense, will be the removal of most pollution controls from highway construction and transportation planning for many years in some of the most polluted cities in the country - Philadelphia, Baltimore, New York, and Chicago.

Instead of maintaining the motor vehicle emissions budgets for the old one hour compliance standard, the EPA proposes to allow metro areas to demonstrate conformity using any of several alternative tests, including the “2002 baseline test” that uses motor vehicle emissions from 2002 as the level not to be exceeded.

The Environmental Defense analysis shows that application of the 2002 baseline test would allow motor vehicle emissions to increase after April 2005 to 2002 levels until new motor vehicle emissions budgets are adopted for the eight hour state implementation plans, in 2007 at the earliest.

Since 2002 levels are well above the emission budgets for one hour compliance, the EPA’s proposal would allow roadbuilders in dozens of metropolitan areas with unhealthful air quality to disregard established pollution limits in smog control plans, Environmental Defense warns.

"EPA's proposal will make it easier to fast track approval of new highways and sprawl development, but will likely send more children to hospital emergency rooms, as well as increasing the exposure of millions of Americans to hazardous mobile source air toxics," said Dr.Balbus.

"EPA also proposes to avoid looking at the effect of transportation on fine-particle air pollution hot spots which cause huge health problems. Already 96 percent of the cancer risk from air pollutants in New York City is from mobile sources," he warned.

The EPA proposal is online at: http://www.epa.gov/otaq/transp/conform/8hour102203.pdf. The EPA is taking comments on the rule until Monday, December 22.

The full Environmental Defense analysis is available at http://www.environmentaldefense.org/go/conformity.

Port of Los Angeles Seeks to Build Green Terminal

The Board directed Port staff to amend the Notice of Preparation previously issued for reuse of the container terminal at Berths 206-209 on Terminal Island to include specific environmental requirements.

"We are taking this opportunity to partner with a company who is willing to build an innovative, environmentally enhanced terminal from the ground up," explains Commission President Nick Tonsich. "For the first time, environmentally responsible measures will be a requirement for a company proposing to operate a container facility."

Mayor Jim Hahn applauded the action. "I have directed the Port to set a goal of no-net increase for air emissions," said Mayor Hahn. "This program will demonstrate that Los Angeles is serious about its clean air programming."

The amendment to the Notice of Preparation will redefine terminal operations to include such environmental initiatives as the Alternative Maritime Program (AMP) applications, rail access, low sulfur or alternative fuel use, clean yard equipment, energy saving measures, and other programs consistent with the Port's Environmental Management System.

As a result of a lawsuit by environmentalists and community groups against the Port concerning the impact to the environment caused by the building of the China Shipping Terminal, the Port will commit $60 million over five years to mitigation measures as well as to undertake a new environmental impact report for all future phases of the terminal project.

Under the terms of the settlement reached in March, the Port will establish a $50 million fund to address the general impacts of Port operations in the community, evaluate and mitigate specific impacts of the China Shipping Terminal, and take steps to reduce air pollution from terminal operations.

The Port specifically agreed to use cleaner burning fuel for container handling equipment at the terminal, require container ships to plug into electric power instead of idling diesel engines while at berth.

The Port agreed to provide financial incentives to container truckers to replace or retrofit older, higher emission trucks with cleaner fuel burning trucks, develop and implement plans to decrease container truck traffic in the area and replace the massive 16-story cranes which community groups complained blocked their views of the water.

Another $10 million will be used for the required environmental reviews and to pay the plaintiff’s legal bills.

Some $20 million will be available to the community for improvements including parks, landscaping, beautification, and education and sports facilities.

Following the environmental assessment process, the Port will solicit interest in operating the terminal from various shipping lines or terminal operators. Eighty-six acres will be devoted to the Terminal Island facility.

A move towards cleaner port operations is sorely needed, says San Pedro resident Jo Bradfield. She told ENS that the last two years of port expansion has "inundated our neighborhood with thousands of trucks daily."

"They don't just roll by," said Bradfield. "They stop and ooch, stop and ooch, and every ooch sends billowing black soot up our direction. Our health has deteriorated steadily since they started. Every few months, one of our family has to add on another asthma medication to stay out of the hospital."

"The off-ramp from the freeway to the dock runs in front of our front door," Bradfield said. "When they expanded, the air outside went from smelling like the ocean to smelling like an El Paso truck stop. The gummy dust in our house doesn't flake off, it sticks to your hand. It has penetrated our carpets, our walls and our lungs. They are still expanding."

Since the Port expansion began, Bradfield said, the property values in her neighborhood have hit bottom. "Most of the residents here are renters, so when they get sick, they just move. Since we own our home, we don't have that luxury unless we are willing to abandon the property."

NRC: Red Alert for Faulty Pumps at Wisconsin Nuclear Plant

NRC inspection findings are evaluated using a four level scale of safety significance, ranging from “green” for a finding of minor significance, through “white” and “yellow” to “red,” for a finding of high safety significance.

The inspectors found that the auxiliary feedwater system might fail to function under "certain abnormal conditions" because recirculation lines could become plugged by debris typically found in the plant’s service water system, which is the backup to the normal supply of water used to cool the nuclear reactor.

The auxiliary feedwater system is used to safely cool the reactor if problems occur during plant operations and is also used to continue removing heat from the reactor after shutdown.

NRC inspectors concluded that the significance of the pump problem was “red” for Unit 2 and “yellow” for Unit 1. The difference results from the fact that the problem existed longer at Unit 2 than at Unit 1.

Nuclear Management Company has 30 days to contest the significance determination. The company has not yet responded publicly, but earlier this year filed a reply to an NRC notice of violation with regard to the pumps stating that all equipment problems would be resolved by year end.

Normal plant operations were not affected by the problem when it was discovered by the utility in October 2002 The utility took action to revise procedures and train reactor operators to address the immediate safety concerns and subsequently modified the auxiliary feedwater system to further correct the problem.

This determination, issued by the NRC on Tuesday, is related to an earlier “red” finding associated with a problem with valves on the auxiliary feedwater system recirculation lines identified by plant personnel in 2001.

The NRC determined that if these valves failed to function because of equipment damage, the protective recirculation flow required to support the operation of the auxiliary feedwater pumps would stop and result in pump damage.

The two “red” findings are related in that they both affect the auxiliary feedwater recirculation system, but they were treated separately because they occurred at different points in time.

The NRC recently completed a special in-depth inspection which resulted from the original “red” finding at the Point Beach Nuclear Plant. This inspection, tasked with taking a comprehensive look at principal aspects of plant operations to identify other possible performance problems, examined the adequacy of the utility’s investigation and the corrective actions to address both feedwater pump issues.

The NRC staff plans to conduct further inspections at the plant next year to make sure improvements in plant performance take place and are sustained.

The results of the special inspection will be publicly available from the Region III Office of Public Affairs and on the NRC’s website: http://www.nrc.gov/reading-rm/adams/web-based.html. Assistance in using the web reading room is available by calling the NRC Public Document Room at 800-397-4209.

New Jersey Bans Dumping of Superfund Waste in Public Sewers

The governor signed the measure Tuesday at a meeting with Department of Environmental Protection Commissioner Bradley Campbell, legislators, and about 24 local environmentalists at Deptford Town Hall.

“We must provide our families with safe, clean drinking water,” said McGreevey. “No longer will dirty wastewater from the GEMS landfill be allowed into our sewers or drains. The public should rest assured that we are holding polluters accountable, and making them fix the problem where it starts.”

The GEMS Superfund site in Gloucester Township, Camden County includes a 60 acre former municipal landfill. Industrial wastes, including asbestos, solvents and heavy metals, and radioactive materials were dumped at the GEMS Landfill from 1969 to 1980, contaminating groundwater, surface water and sediments. GEMS was placed on the Superfund List of the country's most hazardous waste sites in 1983.

Some 30,000 people live in close proximity to the former landfill.

The new law prohibits discharge of untreated or pre-treated wastewater from Superfund former landfill sites into publicly owned treatment works, and imposes remediation requirements on Superfund former landfill sites with radionuclide pollutants.

The bill also requires landfill operators to provide the public all final test results for any pollutants at the site, and to hold monthly public meetings about the clean-up progress.

In addition, the DEP, in consultation with the U.S. Environmental Protection Agency (EPA), must within six months, conduct a study re-evaluating the existing standards for discharges of untreated or pre-treated wastewater from Superfund landfill sites.

“This legislation is about doing more to protect our waster resources and helping towns across Camden County know that pollution at the former GEMS landfill is both cleaned up properly and disposed of safely,” said Campbell. "We can safeguard our environment and hold polluters accountable for the contamination they have left behind.”

"The people of Camden County will no longer have to wonder if their drinking water is slowly killing them every time they turn on the tap," said New Jersey Senator John Adler, who represents the affected area. He said it will protect residents 30 years down the line, who may have otherwise been adversely affected by the discharged radiation.

Pure Hydrogen Production Advances Fuel Cell Technology

The process addresses one of the most greatest difficulties in developing efficient and affordable fuel cells – how to extend the life of the catalysts that make them work.

Fuel cells combine hydrogen and oxygen without combustion to produce direct electrical power and water. They have been pursued as a source of power for transportation applications because of their high energy efficiency, their potential for source fuel flexibility, and their extremely low emissions.

But the same hydrogen that feeds the reaction often contains high levels of carbon monoxide formed during the hydrogen production process. The carbon monoxide (CO) degrades the expensive platinum catalysts that convert hydrogen into electricity within the fuel cell, leading to deterioration in efficiency over time and eventual replacement.

“The commercial viability of fuel cells for power generation depends upon solving a number of manufacturing, cost, and durability issues,” said Mahajan. “Finding a simple, inexpensive method of producing hydrogen that is essentially free of carbon monoxide would help address many of those issues.”

In Mahajan’s new process, a ruthenium trichloride or similar metal catalyst is mixed with a nitrogen complex to form a homogenous solution in a methanol and water mixture.

The hydrogen feed containing CO is then introduced, and, at relatively low temperatures (between 80 and 150 degrees Celsius), the catalyst reacts with the CO and water to convert nearly 100 percent of the CO into carbon dioxide and, as a side benefit, additional hydrogen.

The resulting hydrogen feed contains only a few parts per million of CO and is at the correct temperature to be fed directly into a fuel cell.

The process also minimizes the amount of waste produced during the reaction.

“It’s quite an economical reaction, and it happens very quickly, in just a few seconds,” said Mahajan, “The process works with impure hydrogen produced by any method, including coal and biomass, and can be easily scaled up for more substantial production.”

Mahajan believes his new hydrogen production method will assist the commercialization of proton exchange membrane fuel cells. These are the most promising fuel cells for widespread transportation use because they operate at low temperatures, produce a fast transient response, and possess relatively high energy densities compared to other fuel cell technologies.

Mahajan, who holds a joint appointment at Brookhaven and Stony Brook University, will use the newly patented process to teach his students about fuel cells. “This is a very beautiful example for educating students about the benefits of clean fuel technologies, and that can help drive public acceptance of new technologies.”

Gypsy Moths Invade Western Washington

State insect experts are recommending that the three sites be treated with a biological insecticide to eradicate moth infestations. Each treatment would be applied using ground based equipment rather than aerial sprays.

The locations are an 18 acre site at Port Ludlow in Jefferson County, an 11 acre site in Bellevue, and a 15 acre site near Mayfield in Lewis County. Experts believe reproducing populations of gypsy moth are present in all three communities

The gypsy moth is one of the worst forest pest insects ever brought into the United States according to the WSDA. It attacks more than 500 species of trees and shrubs, causing millions of dollars of environmental and economic damage in the country annually.

Gypsy moths have been detected in Washington state every year since 1977, but permanent populations have not been established because of consistent trapping and eradication programs, agriculture officials say.

"We've kept permanent populations of the moth out of the state for 29 years," said Jim Marra, managing entomologist with WSDA. "We want that record to continue."

The biological insecticide WSDA proposes to use is Bacillus thuringiensis var. kurstaki (Btk), the same insecticide used in recent years to keep Washington state free of gypsy moths. The active ingredient in a biological insecticide is found naturally in the environment. Btk is registered for use in the U.S. by the Environmental Protection Agency (EPA) and has a proven safety record.

Critics say people exposed to Btk have complained of respiratory, eye, and skin irritation. People also suffer from allergies to the "inert" ingredients. People with compromised immune systems may be particularly susceptible to Btk.

Large scale applications of Btk can have far reaching ecological impacts, critics say. Btk can reduce the number and variety of moth and butterfly species, which in turn impacts birds and mammals that feed on caterpillars.

Btk is less toxic to mammals and shows fewer environmental effects than many synthetic insecticides, critics acknowledge, but warn that this is no reason to use it indiscriminately.

If the proposal to treat for the gypsy moth is approved, the first of three treatments, applied seven to 14 days apart, will occur in late April or early May.

Residents whose properties are affected by the proposal to treat for gypsy moths will receive written information from the state Department of Agriculture. In addition, open houses will be held in Port Ludlow, Bellevue, and Mayfield in early February to inform people about the moth eradication program.

Before the action is approved, the state Department of Agriculture will comply with the State Environmental Policy Act and National Environmental Policy Act.

WSDA will consult with other state and federal agencies regarding the proposed treatments, prepare documents for public review and prepare comments that assess the impact of the proposal on the environment.

For more information, citizens may call the department's toll-free hotline 1-800-443-6684 or visit the WSDA website at: http://www.agr.wa.gov and click on "Gypsy Moth."

Salmon Return to Creek on California University Campus

University of California-Davis fisheries biologist Peter Moyle confirms that salmon came up the creek early this month and have nearly finished spawning. Moyle, an authority on California native fish, developed the data that were instrumental in a 1996 court judgement and 2000 settlement that restored the seasonal flows.

During the past week, Moyle and research associates Pat Crain and Kathryn Small have canoed the 16 mile reach of Putah Creek from the Putah Diversion Dam through the UC Davis campus.

They saw 20 live salmon and about 35 spawning sites, indicating that at least 70 salmon spawned in the creek. Most of the available habitat was used by the fish.

"It's very gratifying to see them," Moyle said. "They clearly came upstream in response to the special water releases from the dam. Otherwise it's unlikely they could have made it around a number of obstacles, including two large beaver dams."

Moyle said it would be best for the salmon if anglers left them alone for a few years.

Putah Creek flows 22 miles from the diversion dam past Winters and UC Davis and into the Yolo Bypass floodplain east of Davis. There, its waters join the Sacramento River and travel to San Francisco Bay and the Pacific Ocean.

The 2000 accord resolved a lawsuit and other legal efforts against Solano County water agencies that were begun in 1990 by the environmental group Putah Creek Council and joined in 1993 by UC Davis and the city of Davis.

Lois Wolk, a member of the Davis City Council and city mayor during most of the term of the lawsuit, is now a Yolo County supervisor but has continued to help the city work on the Putah Creek issues. She said the accord works for agriculture, the environment, the cities and the university. "It's an excellent example of how water disputes can and should be resolved in California in the 21st century: by regional cooperation."

UC Davis faculty, staff and students are involved in the many creek restoration efforts for fish, plants and wildlife. The restoration efforts are led by the Lower Putah Creek Coordinating Committee and the Putah Creek Council.

Moyle said that the cooperation among local agencies, cities, schools and landowners is making Putah Creek an exemplary model for citizen conservation.

This year, supplemental "attraction flows" of 50 cubic feet per second were released from the diversion dam from November 30 through December 5. Moyle said, "We have been experimenting with the timing of the flow releases. And this year we got it right." More supplemental flows will be released in the spring to ensure that young salmon can head to sea.