• Off-Road Vehicle Groups Seek a Say in Roadless Lawsuits
  
• Coal-Rich Pennsylvania Unveils Mercury Reduction Plan
  
• EPA Offers Communities $2.7 Million to Reduce Toxic Risks
  
• Port of Astoria Fined for Toxic Discharge to Columbia River
  
• Judge Rules in Favor of New York Critical Mass Cyclists
  
• Stormwater Violations Cost Arizona Developer, Contractor $110,000
  
• Five Manatees Released from Captivity Into Florida Park
  

Off-Road Vehicle Groups Seek a Say in Roadless Lawsuits

Coal-Rich Pennsylvania Unveils Mercury Reduction Plan

The proposed rule achieves at least 90 percent mercury reduction by 2015 - a reduction that the governor says is nearly 40 percent greater and achieved in less time than under the federal rule issued by the U.S. Environmental Protection Agency (EPA) last year.

It preserves market share for bituminous coal by presuming compliance for electric generating units that burn 100 percent bituminous coal with advanced air control technologies.

The plan also enables utilities to meet the state-specific standards without forcing them to take any additional actions beyond what they already have to do to meet other new federal air quality requirements. Mercury-specific controls are not required, and emissions trading is prohibited to protect against toxic “hot spots” of mercury contamination

Mercury is a persistent, bio-accumulative neurotoxin that can remain active in the environment for more than 10,000 years. It endangers pregnant women, children, subsistence fishermen and recreational anglers who are most at risk for health effects that include brain and nervous system damage in children and heart and immune system damage for adults.

Pennsylvania has 36 coal-fired power plants with 78 electric generating units that represent 20,000 megawatts of capacity. These units accounted for approximately 77 percent of the more than 5 tons of mercury emitted into the air from all contamination sources in the commonwealth, ranking us second only to Texas in terms of total mercury emissions and third behind Texas and Ohio, respectively, for mercury emissions from electric generating units.

The U.S. EPA mercury reduction rule for new and existing coal-fired power plants became final in May 2005 and took effect July 18. Pennsylvania and several other states have filed lawsuits challenging the rule as insufficiently protective of public health. The cases also oppose EPA’s subcategorization of coal types that encourages fuel switching.

The federal rule requires little or no reductions from units using sub-bituminous coal mined in the West and places the most stringent requirements on coal mined in Pennsylvania - a feature that state environmental officials say actually is contrary to achieving maximum mercury reduction.

Bituminous coal generally contains more mercury than sub-bituminous coal. But it also contains more chlorine, and chlorine enhances the removal efficiency of mercury control technology. So, the Renv argues, controlled bituminous coal is “cleaner” with respect to mercury than uncontrolled sub-bituminous coal.

“Pennsylvania’s state-specific rule removes unfair economic barriers to preserve the marketplace for Pennsylvania’s coal industry,” said state Department of Environmental Protection (DEP) Secretary Kathleen McGinty.

“It puts in place standards that are more protective of public health and the environment than the federal rule," McGinty said. "It enables utilities to comply with the rule without demanding any additional technology beyond what already is needed to meet other federal air quality requirements.”

The DEP unveiled the proposal today in a meeting with members of a workgroup created to help identify key issues that a state-specific rule must address. McGinty will testify at Thursday before the state House Environmental Resources and Energy Committee on mercury reduction efforts.

Connecticut, Massachusetts, New Jersey and Wisconsin have state-specific plans in place. Illinois, Indiana, Maryland, Michigan, Minnesota, Montana, New Hampshire, New York, North Carolina, Ohio and Virginia all have regulatory actions or legislation pending. This brings to 15 the number of states that have or are about to adopt state-specific mercury reduction plans.

EPA Offers Communities $2.7 Million to Reduce Toxic Risks

Register online at: http://cfpub.epa.gov/care/index.cfm?fuseaction=agreement.showAgreement#rfpqa.

The CARE program, which began in 2005 is intended to build local partnerships for reducing risks from toxic pollutants that come from numerous sources. For additional information about CARE, projects awarded in 2005, or how to apply for the cooperative agreements, visit: http://www.epa.gov/care

Port of Astoria Fined for Toxic Discharge to Columbia River

The Oregon Department of Environmental Quality (DEQ) found that the Port had discharged water containing elevated levels of mercury and polychlorinated biphenyl (PCB) from its Pier 3 upland disposal site directly into the Columbia River without proper authorization.

Of the $89,400 total penalty, DEQ determined that $59,400 represents the economic benefit the Port received by failing to pay the appropriate costs associated with its dredging, sampling and other associated work on its maintenance dredging project. The Port has until March 2 to appeal the penalty.

The penalty stems from the Port’s violation of water quality standards and conditions outlined in its state-issued 401 Water Quality Certification, which allowed the Port to dispose of dredging spoils at an upland disposal site near the Port’s Pier 3 property. The certification specifically prohibits the discharge of any water from the disposal area without prior approval from a regional oversight group comprised of a variety of state and federal agencies.

On February 24, 2005, without prior approval from the regional oversight group, the Port began discharging waste materials from the disposal area to the Columbia River because the disposal area had reached capacity and the Port wanted to make space in order to continue dredge work.

The Port discharged the waste into the river until March 16, 2005. By not following procedures outlined in the certification, the Port violated state law prohibiting discharge of wastes to state waters without a permit.

PCB, a known carcinogen, is already present in the Columbia River at levels that violate state standards established to protect the river’s beneficial uses. Mercury damages the brain and can cause birth defects. Because PCB and mercury are persistent toxics, they do not break down in the environment and can accumulate in the tissues of humans, fish and other living organisms.

Judge Rules in Favor of New York Critical Mass Cyclists

NEW YORK, New York, February 22, 2006 (ENS) - New York cyclists who participate in monthly Critical Mass bicycle rides are celebrating this weekend with a victory dance party and a bike ride. New York Supreme Court Justice Michael Stallman ruled in their favor on February 14, rejecting the city's motion for a preliminary injunction to bar people from going on the monthly rides and gathering in Union Square without permits.

Judge Stallman denied the city's request that over 20 people assembling in the park need a permit, denied the city's argument that the nonprofit group TIME'S UP! cannot advertise or promote an event or action that the city deems illegal; and denied the city's request that bicyclists riding in a group, such as Critical Mass, need a permit.

The New York City law department announced it would appeal the decision.

"We intend to appeal this ruling, because we do not believe that public safety, the law, or common sense have been well served by the Court's denial of our request for a preliminary injunction," said city attorney Gabriel Taussig in a press statement.

The defendant group TIME'S UP! argued that there is no organizer of the Critical Mass bike rides, which it describes as a spontaneous, concurrent activity of many individuals. The city argued that regardless, the rides require parade and park use permits.

The defendant group said while Critical Mass bike rides have been taking place for years, police harrassment of cyclists began after the September 2004 Republican National Convention in New York City. They argued the police has unlawfully seized bicycles and arrested cyclists.

In October 2004, the city made an attempt to organize the cyclists, make them follow a designated route, and promised not to arrest anyone who followed that route.

Judge Stallman wrote, "In hindsight, this attempt, while well intentioned, was unlikely to succeed. If Critical Mass riders wishe to be treated no differently than their motorist counterparts, then it comes as no surprise that they would reject efforts to treat them as a parade, as opposed to ordinary traffic."

The judge found that while the city has "little to gain" from enjoining these defendants.

He found, by contrast, that the "defendants' First Amendment freedoms would be affected if an injunction was granted against them." The judge referred to a previous federal district court ruling that participation in Critical Mass rides constitutes "expressive association" entitled to First Amendment protection.

While denying the city's motion for a preliminary injunction, Judge Stallman said he hopes the parties can resolve the issue amicably. "Mutual de-escalation of rhetoric and conduct, and a conciliatory attitude, may help the parties and Critical Mass riders resolve the litigation are arrive at a workable modus vivendi," he wrote.

Critical Mass bike rides occur in about 400 cities worldwide, usually on the last Friday of each month.

Stormwater Violations Cost Arizona Developer, Contractor $110,000

TUCSON, Arizona, February 22, 2006 (ENS) - A Tucson developer and its general contractor are being fined $110,000 in partial settlement of Clean Water Act violations that include improper stormwater pollution controls at a residential development in Benson, Arizona.

The U.S. Environmental Protection Agency (EPA) has reached an agreement with Tucson developer Whetstone Development Corp. and general contractor K.E. & G. Development to pay penalties totaling $110,000 to settle the violations.

The EPA's agreement with Whetstone Development Corp. compensates for the permanent loss of approximately 0.25 acres of desert streams, or ephemeral washes, which were filled without a permit during construction of a residential development in Benson, Arizona known as The Canyons at Whetstone Ranch.

Last February, inspectors from the EPA, the Arizona Department of Environmental Quality and the U.S. Army Corps of Engineers inspectors discovered that both companies had not properly implemented or maintained adequate stormwater pollution controls at the construction site, as required by their state permits.

Stormwater controls, such as silt fences and fiber rolls, were improperly placed across washes, rather than parallel to them, which blocked or altered natural flows, the inspectors found.

In addition, the developers had failed to obtain permit authorization from the Corps prior to placing or directing the placement of fill material in the washes - such as concrete housing pads or rock used for streambank hardening.

The affected area is part of the San Pedro River watershed, a vital water resource in Arizona.

“The San Pedro River watershed, an internationally recognized ecological treasure, is a much valued resource for Arizona, the U.S. and Mexico,” said Alexis Strauss, director of the EPA's Water Division for the Pacific Southwest region. “We hope to bring water quality improvements to this watershed, and will strive to protect Arizona's water resources for generations to come.”

As part of the settlement, Whetstone Development Corp has agreed to donate 40 acres of open space to the city of Benson that contains approximately 2.5 acres of desert wash riparian habitat to offset the 0.25 acres of ephemeral washes destroyed by the construction.

The Clean Water Act requires developers to obtain permits when altering natural waterways, including desert washes. The Corps of Engineers issues permits to fill in water bodies, and the state of Arizona issues permits dealing with the release of pollutants in stormwater from construction sites.

In their natural state, desert washes provide benefits including accommodation of flood waters, maintenance of water quality, recharge of groundwater, and support of wildlife populations. Once damaged, these environments are difficult to restore and the benefits are often permanently lost, the EPA said.

The consent agreement is open for a 30 day comment period. To view the agreement, visit: http://www.epa.gov/region09/enforcement/pubnotices/index.html.

Five Manatees Released from Captivity Into Florida Park

On Monday, wildlife experts returned one of the manatees, named Turtle, to his natural habitat following more than two years of care. The other manatee, Stoneman, was born in captivity more than 10 years ago.

“We are honored to release these gentle giants from the shores of one of our state parks,” said Florida State Parks Director Mike Bullock. “The pristine waters of Blue Spring State Park are perfect for the occasion and will give the manatees a head start in the wild.”

Turtle was rescued as an orphan at Satellite Beach in Brevard County in 2003, weighing only 55 pounds. Caretakers named Turtle after his home, one of SeaWorld Florida’s turtle rehabilitation tanks. The manatee now weighs a healthy 920 pounds.

The manatee rehabilitation tanks at SeaWorld Florida are often used to care for several of sick or injured manatees and space is limited.

Stoneman was born at the Miami Seaquarium in 1994 and weighs 1025 pounds.

Three more manatees also were released at Blue Spring State Park this week. Wildlife experts released Dundee Tuesday. Una and Jamie were returned to the wild today.

Gentle, slow-moving mammals, West-Indian manatees spend the winter months in Florida’s warm waters.

West Indian manatees are a federally listed endangered species protected by the Endangered Species Act,, the Marine Mammal Protection Act, and the Florida Manatee Sanctuary Act.

Blue Spring is a designated manatee refuge where the water temperature remains a constant 72 degrees, creating a safe haven for the West Indian Manatee. As many as 250 different manatees have been spotted in the spring.

The best time to view manatees at the park is in the morning of a cold winter day, wildlife officials said. During manatee season, the spring run is closed to canoes and kayaks and swimming is only permitted in the head spring area.

For more information on Blue Spring State Park, visit: http://www.floridastateparks.org/bluespring/default.cfm