• EPA Official Kills Staff Objections to Roads in National Forests
  
• EPA Files Second Teflon Complaint Against Dupont
  
• Oil Leases Near Utah's Hovenweep Monument Raise Outcry
  
• Renewable Energy Planning Enters Utilization Phase
  
• Accuracy of Water Contamination Tests Faulted
  
• New Jersey Trails Will Benefit by $1.2 Million in Federal Funds
  
• New IMAX Film Brings Sharks Up Close and Personal
  
• Whale Muralist Tries to Keep Milwaukee Wall from Destruction
  

EPA Official Kills Staff Objections to Roads in National Forests

The EPA official deleted staff comments about environmental problems from comments it submitted to the U.S. Forest Service on November 26. The problems range from impaired public drinking water to spreading invasive plants on federal lands.

“Things have gotten pretty extreme when the Environmental Protection Agency is no longer permitted to voice environmental concerns,” said PEER Executive Director Jeff Ruch.

In July, the Bush administration moved to replace a Clinton era moratorium on building roads across 58.5 million acres of inventoried roadless areas of the national forest system with a plan that allows road building unless the host state objects and submits its own plan for protecting in-state roadless areas.

In response to a U.S. Forest Service call for comments on the new plan, EPA staffers presented a letter asking that the plan be altered to lessen deterioration of water quality in streams affected by sediment washing from roadbuilding and logging, and the resulting loss of wildlife habitat.

In a letter of response to U.S. Forest Service Chief Dale Bosworth, the Director of the EPA Office of Federal Activities Anne Norton Miller wrote, "National Forests are some of the few remaining lands where roadless values are protected. The FS [Forest Service] and others have compiled a large body of information supporting the importance of protecting roadless areas. This body of information is well represented by the statement, “lakes, streams and rivers within IRAs [inventoried roadless areas] function as biological strongholds for many fish species, provide clean, fresh water to millions of people and serve as important habitat to numerous fish and wildlife species. Also, roads have unavoidable effects on streams regardless of how well they are located, designed, or maintained.”

The EPA letter asked the Forest Service to address the $8.4 billion backlog “for road repair and maintenance of existing roads” in national forests, and give states more than 18 months to plan for initiating their own protection plans.

According to EPA employees, Steven Shimberg, an executive appointee within the agency’s Office for Enforcement and Compliance Assurance, dismissed the staff draft as “a rant” and ordered the objections stricken.

As a result, EPA’s final letter raised no opposition to the plan and only suggested that its “water quality concerns” could be addressed by forming an advisory committee.

Now holding the post of associate assistant administrator in the EPA's Office for Enforcement and Compliance Assurance, Shimberg was vice president for federal and international affairs of the National Wildlife Federation from 1997 to March 2002, when he joined the EPA. Shimberg served in key staff positions in the U.S. Senate from 1981 to 1997, including being staff director and chief counsel of the Committee on Environment and Public Works and counsel to the late Senator John Chafee, a Rhode Island Republican. Shimberg was not available for comment.

Ruch says, "This latest act of self-censorship adds to a recent pattern in which EPA’s pollution related concerns have been squelched from inter-agency communications. Similar objections by EPA specialists to Bush administration plans to allow snowmobiles in Yellowstone National Park, to greatly expand coal bed methane production on federal range lands, and to exempt Pentagon agencies from toxic waste regulations have all been excised from official correspondence."

Read the original EPA staff proposal and the watered down final letter at: http://www.peer.org/press/542.html

EPA Files Second Teflon Complaint Against Dupont

PFOA is associated with ammonium perfluorooctanoate, a synthetic processing aid in the manufacture of fluoropolymers, including the non-stick coatingTeflon at DuPont’s Washington Works Facility in Washington, West Virginia.

The complaint states that "PFOA is in the soil, groundwater and drinking water at and/or within the vicinity of DuPont's Washington Works Facility."

PFOA is a liver toxic, persistent in the environment, accumulates in humans and is held in the human system for 4.4 years before the original blood level is reduced by half, the complaint says.

The complaint seeks penalties of up to $32,500 per day from August 28, 2004 through October 12, 2004, for failing to report this substantial risk information under the Toxic Substances Control Act.

The EPA received this information regarding blood serum analysis of 12 people living near the Washington Works Facility performed in July 2004, several weeks after DuPont allegedly received the results. But the analysis should have been reported immediately by DuPont, the agency says.

The complainant is Ann Pontius, director of the Toxics and Pesticides Enforcement Division in the EPA's Office of Enforcement and Compliance Assurance.

The EPA also has filed a Motion to Consolidate this new complaint with a previous complaint filed against DuPont on July 8, 2004, so that the agency may pursue both actions against DuPont in one proceeding before Administrative Law Judge Barbara Gunning.

While the average background level of PFOA in individuals residing in the United States is estimated to be approximately five parts per billion (ppb), the documented levels of PFOA in these 12 people from West Virginia range from 15.7 ppb to 128 ppb, with a mean of 67 ppb the EPA says.

The agency regards this information as useful in its ongoing priority review of PFOA. EPA has been closely studying PFOA for the past three years and will issue a draft risk assessment in early 2005. To learn more about the agency’s study of PFOA, visit: http://www.epa.gov/oppt/pfoa/ .

The previous complaint against DuPont involved information about the movement of PFOA from a pregnant woman to her baby, and the contamination of public drinking water supplies in the vicinity of DuPont’s Washington Works Facility.

To view the new complaint, click here.

Oil Leases Near Utah's Hovenweep Monument Raise Outcry

Renewable Energy Planning Enters Utilization Phase

At a forum today on Capital Hill, the 156 member organization is introducing the idea that Phase I of the country's renewable energy policy - technology development - is ready for another big leap, and it is now time for Phase II - widespread utilization - to begin.

This is the first major advancement from the research, development and demonstration program started by President Jimmy Carter when he created the U.S. Department of Energy in 1977, ACORE said in a statement.

During the period 1973 to 2002, the United States has invested $99.2 billion dollars in energy research, development and demonstration, including $49.1 billion for nuclear power, $24.8 billion for fossil fuels, $14.2 billion for renewable energy, and $11.1 billion for energy efficiency, according to figures provided by the Congressional Research Service.

Phase II will focus on getting a return to the taxpayers for their 30 year investment "through public policies that focus on utilization of the technologies, with benefits for national energy supply, national security, environmental quality, lower risk of climate change, better human health, economic growth, investment opportunities, and jobs," the council said.

The members of ACORE span a range from large energy corporations such as Keyspan, BP Solar, Shell Solar, Arizona Public Service, and the Hawaiian Electric Company, to municipal utility districts, to government entities such as the U.S. Conference of Mayors, the U.S. Environmental Protection Agency, the U.S. Energy Department, and the Pennsylvania Department of Environmental Protection.

There are emissions trading groups such as the Chicago Climate Exchange, and smaller corporations such as the solar panel provider PowerLight Corp. And there are trade associations such as the Solar Energy Industries Association and the American Bioenergy Association.

ACORE has determined that new goals and objectives will need to be defined before Phase II can be set in motion. "New goals imply the need for new policies, even a fundamentally new approach to public policy at all levels - federal, state and local," the council said.

There are policy options available for Phase II that have been proven to work at the state and local level in the United States, and in other countries like Germany and Japan.

Policy options include special incentive funds as adopted in 15 states, the renewable portfolio standard that has been adopted in 16 states, green power marketing to end users as adopted already by over 250 utilities, the feed-in tariff approach that is working well in Germany and Spain, renewable fuels and vehicle incentives.

A "key element of Phase II thinking is stability of policy," ACORE said. Stability will provide a friendly environment for these young industries to become strong competitors in a globally competitive environment.

Accuracy of Water Contamination Tests Faulted

But several testing methods using E. coli to identify the sources of fecal contamination were less accurate in field application than previously reported, according to a recent U.S. Geological Survey (USGS) report published in the journal "Environmental Science and Technology."

USGS scientists led the study, which was done in cooperation with state and local government agencies and several universities and affiliated consultants. It was among the first to test the accuracy of microbial source tracking methods against samples of known origin, called "challenge isolates."

Scientists compared the accuracy of several source tracking tools in classifying E. coli strains to various sources - humans, dogs, geese, deer, horses, pigs, cows, and chickens.

Researchers sent E. coli challenge isolates for testing, and ensured that the sources of each of them were unknown to those conducting the tests.

In the result, many isolates either remained unclassified or were classified to incorrect sources. The tests got fewer than 30 percent of challenge isolates correctly identified to the animal species source.

"When people are faced with contaminated drinking water, they want a rapid response and remediation," said Don Stoeckel, USGS technical lead for the project. "This could involve repairing sewers, modifying agricultural practices, or other efforts that are costly. The ability to trace back to the source is crucial in making sure the response actually fixes the problem."

Within the last five years, state governments have begun using microbial source tracking methods with E. coli bacteria to help manage bacteria loads to streams. Various commercial firms offer source tracking services to clients around the country.

"All too often, results of these analyses are offered without enough validation of accuracy," Stoeckel said. "Source tracking study results should always be supported by quality control data. Interpretation of the results can be supported by multiple lines of evidence, such as land use data and presence of wastewater chemicals such as caffeine, when pointing to sources of contamination. Both the client and the analyzing laboratory have a part in making sure interpretations are accurate."

Further research may lead to improvements in current source tracking methods or development of better methods. For the immediate future, Stoeckel advises researchers and end users to be cautious and to incorporate quality control measures to validate the accuracy of source tracking results.

New Jersey Trails Will Benefit by $1.2 Million in Federal Funds

"Outdoor trails provide residents with many ways to enjoy New Jersey's outstanding natural resources," Acting Governor Richard Codey said. "These grants will help us improve New Jersey's trail system and provide greater access for everyone."

"The Recreational Trails Program provides the public with recreational use of the state's premiere trail network," said Campbell. "The grants will improve access to open space, enhance environmental resources and provide additional hiking, biking and horseback riding opportunities."

DEP will award $528,000 for the development, construction and restoration of 32 trail sites recommended for funding by the New Jersey Trails Council and approved by the Federal Highway Administration.

State agency also has reserved almost $165,000 for the development of future motorized trail projects.

In addition to projects already funded, DEP expects to make available up to $700,000 in additional federal grants in 2005 contingent upon congressional reauthorization of the U.S. Department of Transportation's Surface Transportation Bill. These grants will be administered through a competitive process, with recipients required to provide 20 percent in matching funds.

Counties, municipalities and non-profit agencies have until December 15 to apply for the anticipated 2005 funding. Contact the DEP Trails Program at 609-984-1339. Find out more at: http://www.nj.gov/dep/parksandforests/natural/njtrails.html.

New IMAX Film Brings Sharks Up Close and Personal

The first IMAX theatre film about sharks to be produced in 3D, "SHARKS 3D," offers a three-dimensional encounter with a predator that is endangered. The film is aimed at people who care about shark conservation.

The film is a collaboration between producers 3D Entertainment Ltd., the Ocean Futures Society, and the United Nations Environment Programme.

"The minute I saw this amazing footage, I knew I had to be involved with this documentary," said Jean-Michel Cousteau, president and chairman of Ocean Futures Society. "With this 3D experience, you ARE the diver, swimming weightlessly with sharks all around."

Principal photography on "SHARKS 3D" required an extensive nine month shoot totaling 500 dive hours. The film was shot on location in Guadalupe Island, Socorro Island and the Sea of Cortez (Mexico), Malpelo Island (Colombia), the Red Sea (Egypt), Sodwana Bay (South Africa), Mozambique Channel and Rangiroa Atoll (French Polynesia). It consists underwater footage, with none of the usual "dive preparation" sequences.

"SHARKS 3D sheds new light on the urgent need to protect these magnificent endangered animals, which are so essential to the survival of our oceans," Cousteau said. "To inspire and educate people to act responsibly in order to ensure the preservation of the world's oceans is a mission the film and I have long shared."

"We are thrilled to be working with such a world renowned personality as Jean-Michel on this new ocean adventure and to have expanded our agreement with UNEP," said Francois Mantello, executive director of 3D Entertainment.

"Our first successful venture with the United Nations dates back to February 2003, when we released "OCEAN WONDERLAND 3D," the popular IMAX theatre film about the preservation of coral reefs. This documentary, which is still playing worldwide, has generated over $17 million in ticket sales to date."

"Despite the existence of various international treaties, certain shark species have been reduced by nearly 80 percent in the past decade alone," said UNEP's Executive Director, Klaus Toepfer.

"Today, the priority is not only to end the steady decline of the shark population, but to rehabilitate its image among the general public", Toepfer said. "We believe that this outstanding IMAX theatre film is an ideal means of reaching a vast audience and changing a great number of people's perception of these animals. SHARKS 3D contributes greatly to marine conservation efforts, and we believe it could be used as part of a wider public awareness campaign for shark protection."

In addition to its Las Vegas engagement, SHARKS 3D will be shown this month at two of the USA's top institution based IMAX theatres: the Virginia Aquarium and Marine Science Center in Virginia Beach, and the Audubon Institute's New Orleans Aquarium in Louisiana.

SHARKS 3D also has commitments from over 35 IMAX theatres. The film is scheduled to open at select IMAX theatres in the USA in March 2005 before expanding into nine countries.

Whale Muralist Tries to Keep Milwaukee Wall from Destruction

The parking structure Wyland used to apply 1,000 gallons of paint to create a whale and dolphin scene is about to be torn down as part of the destruction of the County Courthouse Annex. The demolition is part of the reconstruction of the Marquette Interchange in downtown Milwaukee, a four year project that has just begun.

Wyland's marine mammal mural is one of 100 the artist is painting around the world. He donated it to the city in 1997. He believes that the 1990 Visual Artists Rights Act gives the artist the right to prevent destruction of a work of "recognized stature."

But county Counsel William Domina produced records showing Wyland waived his rights under that law when he signed the contract giving the work of art to the city of Milwaukee.

Wyland says painting the Milwaukee wall was "one of the most difficult and scary wall experiences I've ever had."

"The Milwaukee police literally had to close three lanes of Milwaukee's Highway 43 in order to reach the north-end of the wall with a 90 foot cherry picker. I can tell you, its not fun looking down at the top of semi-trucks through a cheery picker bucket. I thought ole Roy, my assistant, would be the last face I ever saw."

The mural is spherical shaped and appears as though it's a large tank at an aquarium. "When illuminated at night it certainly is breath taking with its Pacific bottlenose dolphins and four humpback whales elegantly gliding through their serene ocean highway commute," Wyland says.

"If they can tear that down they can tear down any piece of public art when they do a construction project," Wyland said. "It means all public art is endangered."