• Congress Considering Solutions to Plutonium Controversy
  
• BP Switches to Ethanol in California
  
• Governments Prepare for Tough Fire Season
  
• Roadless Protection Act Gathering Steam
  
• Jet Ski Industry Claims Partial Victory
  
• Waste Characterization Could Speed Hanford Cleanup
  
• American Wetlands Month Sees New Protection Efforts
  
• Toxic Algae Blamed for Marine Species Deaths
  
• Vermont Utility Customers Can Fund Renewable Projects
  

Congress Considers Solutions to Plutonium Controversy

Senator Strom Thurmond, a South Carolina Republican, introduced the Senate version of a bill that aims to settle a dispute between the state of South Carolina and the Department of Energy (DOE) over shipments from the agency's Rocky Flats facility to the Savannah River Site. Representative Lindsey Graham, Republican of South Carolina, sponsored the House version.

The legislation would codify part of a plutonium disposition agreement proposed by the DOE. Under the agreement, the DOE would build a facility in South Carolina to process the waste into mixed oxide (MOX) fuel, which would be shipped to and used at nuclear power plants.

If the facility is not producing at least one metric ton of fuel by January 1, 2009, the DOE would remove at least one ton of the plutonium from South Carolina and ship it to another site. If the DOE fails to meet this requirement, it would be fined $1 million per day up to $100 million per year until the requirement is met.

If by 2017, the MOX program is not operating successfully, then all plutonium remaining in the state shall be removed. An additional $1 million per day fine, up to $100 million per year, would be charged during the removal period.

The DOE says the bills would address "all of the concerns the state of South Carolina has raised regarding the plutonium disposition program."

Governor Hodges has pledged to block the shipments, using state troopers to blockade roads if necessary, until he receives assurances that the plutonium will not be stored in South Carolina after it is processed. On May 1, he filed a lawsuit against the DOE, seeking a stay against any plutonium shipments until the agency completes environmental studies which Hodges charges the DOE has illegally disregarded.

"While some progress has been made, the clock is ticking," Hodges wrote in a letter to the state's congressional delegation. "Unless we act now, plutonium could begin crossing our borders two weeks from today with no legal safeguards for our state."

The DOE hopes that the legislation introduced May 2 will persuade Hodges to rescind his lawsuit.

"We have engaged, for months, in bipartisan negotiations with South Carolina leaders to bring this matter to resolution," the agency said in a statement. "Unfortunately, the recent filing of a lawsuit by Governor Jim Hodges runs completely counter to any effort to work together to reach a solution. We hope that the Governor would join his own delegation in Congress and work to pass this legislation, and withdraw his ill timed, unnecessary and counterproductive lawsuit."

The bills introduced by Representative Graham and Senator Thurmond would levy fines of $1 million a day against the federal government if it has failed to convert at least one ton of plutonium into MOX fuel by 2011. To stop these penalties, the government would have to accelerate its fuel conversion process or move the remaining plutonium to another state.

"Quite frankly, intended or not, the Governor's lawsuit has chilled promising negotiations," said Graham. "We needed to introduce legislation before anyone could dismantle or walk away from their commitment to the concessions we've already won."

The DOE plans to begin shipments of plutonium from Rocky Flats before the end of May, to help meet a federally mandated schedule for closing Rocky Flats by 2006.

BP Switches to Ethanol in California

BP announced last week that it has taken the first step to phase out MTBE (methyl tertiary butyl ether) by signing contracts with several ethanol suppliers.

"We considered all of the factors within our control and determined that we could transition from MTBE to ethanol early," said Bob Malone, BP's regional president. "We look forward to providing our customers with the same quality gasoline, only without MTBE."

In 1999, California Governor Gray Davis ordered that MTBE be phased out of California's fuel supply by 2003, after studies showed that the additive may cause cancer as well as neurological, dermatological and other problems. Gasoline spilled from cars, boats and underground storage tanks has contaminated groundwater supplies in California and many other parts of the nation with MTBE.

But in March, Davis delayed the phase out, giving California refineries until January 1, 2004 to transition from MTBE to ethanol in gasoline to help avoid spikes in gasoline prices. BP plans to beat that new deadline by a full year.

BP brands ARCO gasoline on the West Coast and is the number one supplier of gasoline in California with a 20 percent market share. There are about 1,200 ARCO stations in California.

BP is the largest user of ethanol for gasoline in the nation. The company says its experience with ethanol will help BP in developing an efficient approach to its use in California.

BP brands ARCO and ampm are sold at over 1,700 retail outlets in six Western states, including California, Arizona, Oregon, Washington, Nevada and Utah.

Governments Prepare for Tough Fire Season

Wildland fire agencies, their partners and communities are getting prepared for the season ahead with the help of the National Interagency Fire Center (NIFC).

NIFC says that eight out of the nation's 11 geographic areas are experiencing above average fire risk, including Arizona, New Mexico, southern California, the southern areas of Utah and Nevada, Colorado, Wyoming, Montana and the eastern seaboard from Florida to Maine. Lower than normal fire activity is expected in the northern portions of California, Nevada, Oregon and Washington.

Near record dry conditions dominate Arizona and New Mexico, where wildland fire activity is expected to increase through June. Severe fire conditions in the southern parts of California and Nevada, Utah, Colorado may bring about earlier than normal fire activity.

"All signs indicate we are in for a severe fire season and our teams are working together to ensure proper planning, training and preparation to protect our forests and communities," said Agriculture Secretary Ann Veneman. "We are implementing an extensive plan, including increasing personnel and equipment, to help mitigate the risks and stop fires while they are small and less expensive to manage."

The Departments of Agriculture and Interior have increased the number of firefighters that can be hired by almost 6,000, obtained more than 600 new pieces of equipment, including wildland fire engines, and bought or leased four large airtankers and 31 helicopters.

"Drought conditions across the country are an indication that we could be in for a very tough fire season," said Interior Secretary Gale Norton. "The Forest Service and the Department of the Interior will be working closely with our state partners and local communities to coordinate our wildland firefighting efforts. This collaborative approach will help us reduce wildfire risk to communities and restore and maintain land health within fire prone areas."

To help battle wildfires now burning in Arizona and New Mexico, federal agencies have secured an additional $8.5 million for the Southwest. The fire season in this region is expected to be more dangerous and last longer than usual, due to the low fuel moistures and extended drought conditions in the area.

As the summer progresses, the drought stricken southern Great Basin will experience an early and active fire season, NIFC predicts. Drought conditions along the eastern seaboard from Florida to Maine will also lead to above normal fire potential for late spring through fall, the agency said.

Roadless Protection Act Gathering Steam

Democratic Representatives Sherwood Boehlert of New York and Jay Inslee of Washington will introduce legislation that would codify the Clinton administration's Roadless Area Conservation Rule by calling for the full protection of 58.5 million acres of wild National Forest land in 39 states. The bill, which now has 78 cosponsors, will be called the National Forest Roadless Area Conservation Act.

"This legislation is in response to an overwhelming public response to protect our forests," wrote Boehlert and Inslee in a letter to their fellow members of the House. "A record breaking 1.6 million people submitted comments on the policy, the vast majority of which were in support of a strong protection plan."

Despite the fact that more Americans voiced support for the roadless forest protection rule than any other federal regulatory initiative in history, the Bush administration has been working to weaken the initiative. Pending the outcome of a court challenge to the rule, the Bush appointed chief of the U.S. Forest Service has issued a guideline allowing road building and timber sales in some roadless areas.

At least 10 timber sales and a growing number of mining and drilling projects are now planned for roadless areas.

If passed, the Roadless Area Conservation Act would prohibit new road construction or reconstruction in the unroaded portions of inventoried roadless areas on almost 60 million acres of National Forest System lands. The regulation would bar most logging, mining and other development requiring roads.

The bill would allow new roads to be constructed in specified circumstances, such as to fight fires or when other natural disasters threaten public safety. The measure does not close any existing roads or trails, and does not affect the right of access to property owned by states or individuals.

The legislation would allow logging of certain timber to reduce the risk of wildfires, and permit the expansion of oil and gas operations within existing or renewed leased areas.

Passage of the proposal would protect critical habitat for birds, fish and wildlife, while also protecting sources that provide clean drinking water for some 60 million Americans. The deadline for original sponsors to sign on to the bill is May 8.

Jet Ski Industry Claims Partial Victory

The Personal Watercraft Industry Association (PWIA), American Watercraft Association (AWA) and two personal watercraft users have asked a federal court judge in Texas to dismiss their lawsuit against the National Park Service (NPS).

The suit had argued that NPS failed to complete required environmental assessments before banning personal watercraft from a number of parks. However, the day before oral argument in the plaintiffs' request for a preliminary injunction to delay the bans, the National Park Service announced that environmental assessments would move forward in 16 parks.

"Though we believe it would have been fairer to delay the onset of bans in park units which had not completed or, in some cases, had not even begun the necessary public comment and environmental study process," said Monita Fontaine, executive director of the PWIA, "we are heartened that the National Park Service has made a commitment to honor the National Environmental Policy Act procedures."

"The National Park Service is moving forward with environmental assessments in most of the national seashores and recreation areas at issue, which is an outcome we hoped for when we brought this lawsuit," Fontaine continued. "We largely got what we came for, so there is no reason to proceed with the case."

In an April 16, 2002 press release, NPS stated that "16 sites will proceed with special regulations as required by the national PWC rule (36 CFR 3.24), finalized in April 2000, which will include conducting environmental assessments or environmental impact statements under the requirements of the National Environmental Policy Act, preparing an economic analysis, and seeking public comment throughout the entire process."

Eight parks closed their borders to jet skis on April 22, but may allow the watercraft back in after a supplemental review is performed. At another eight parks, jet skis must be banned by September 15 unless special rules are put in place regarding their continued use.

An NPS rule that went into effect on April 20, 2000, prohibited personal watercraft use in all but 21 national park areas. The rule established a two year grace period following the publication of the final rule to give the superintendents of the 21 park areas time to consider whether jet ski use should continue, based on the legislation establishing that park, the park's resources and values, other visitor uses of the area, and overall management objectives.

Five park superintendents concluded that jet skis should be banned, and their use has now been prohibited at those park areas. However, some of the 16 parks affected by the NPS's announcement last month had also made a preliminary determination that the machines should be banned.

Those parks must now reopen their reviews.

Waste Characterization Could Speed Hanford Cleanup

Their study is the first to describe the chemistry of waste formed by aluminum and alkaline, or caustic sodium compounds, mixing with high level radioactive material, said Cliff Johnston, lead author and Purdue University environmental scientist. This knowledge will be applied to the permanent disposal of the 53 million gallons of radioactive material held in 177 giant underground tanks at the Hanford site.

Most of the storage tanks are at least 50 years old, 30 years older than the original intended usage, according to the Tri-Party Agreement, a consortium of the DOE, the U.S. Environmental Protection Agency and the Washington State Department of Ecology. Of the 177 tanks, 149 of them are have only one outer wall, and 67 of these single shelled tanks are suspected to have leaked an estimated one million gallons of high level waste.

The radioactive waste includes a combination of aluminum clad nuclear fuel rods and caustic solutions added to the storage tanks to break down the rods and minimize tank corrosion. In studying how the different aluminum compounds in the tanks transform from a soluble liquid to a solid form, the scientists also are learning more about how to handle the toxic waste.

"We've gained new information about the chemistry of aluminum in these very concentrated waste solutions," said Johnston, a Purdue agronomy professor. "The significance of that is related to two different areas: minimizing high level nuclear waste volume for permanent storage, and eventually determining what happens to the material when it leaks out of the tank."

Scientists want to be able to decrease the waste volume by evaporating as much water as possible, making transport easier and storage less expensive.

"In order to decrease the volume of the waste and deal with any that has leaked into the soil, we ultimately must learn the conditions necessary for the soluble forms of aluminum to be transformed into a solid," Johnston said.

Johnston and his team of researchers have developed a method using a laser to measure molecular vibrations so they can study the soluble forms of aluminum in waste material samples. The technique could test tank contents from a distance, and eliminate the need for samples to be removed from the tanks.

Congressional has ordered the DOE to begin moving the nuclear waste to permanent storage facilities by 2007. The Tri-Party Agreement has pledged to complete cleanup at Hanford between 2025 and 2035, 35 to 45 years sooner than planned.

For cleanup and testing at Hanford alone, the government is spending about $1.5 billion each year. The Savannah River Nuclear Reservation in Georgia stores an additional 35 million gallons of high level nuclear waste in tanks similar to those at the Washington facility.

The report was published on the "Environmental Science and Technology" Web site and scheduled to appear in the journal's June 1 print issue.

American Wetlands Month Sees New Protection Efforts

Interior Secretary Gale Norton dedicated the 22,000 acre Quivira Refuge under the Convention on Wetlands of International Importance, also known as the Ramsar convention. The designation was one of a variety of events that will honor American Wetlands Month in May, a part of the international Year of Clean Water.

"The Fish and Wildlife Service received letters in support of this designation from 23 local leaders from all sectors of the community," said Norton. "I congratulate the people of Kansas on this remarkable grassroots effort."

Quivira includes a rare salt marsh habitat that is unique in the region. Its lands support millions of birds representing more than 300 species, including endangered species such as the whooping crane and the interior least tern.

"Quivira is a wetland of world-class caliber that brings people and wildlife together," said U.S. Fish and Wildlife Service Director Steve Williams. "The refuge really comes to life during the month of May, when we welcome back many birds that return to us from other Ramsar sites throughout the Americas."

More than half of the nation's original wetlands have been lost or converted to other uses. This week, the House of Representatives will consider the North American Wetlands Conservation Reauthorization Act (HR 3908).

The Act, first passed in 1989, funds cooperative public-private wetlands conservation efforts throughout North America to help protect waterfowl and their habitats. At least 25 to 50 percent of the funds must be spent on projects within Canada and Mexico.

This year's reauthorization would provide $50 million for wetlands protection in fiscal year 2002, and an addition $5 million in each subsequent year up to $75 million in fiscal year 2007.

The National Marine Fisheries Service, U.S. Geological Survey and Izaak Walton League have just published a booklet called "Wetlands and Fish: Catch the Link." The publication provides information on how wetlands are important to fish throughout the country and what fish might be found in local wetlands, and offers ideas on how citizens can help protect and restore wetlands.

The booklet is available online at: http://www.nmfs.noaa.gov/habitat/habitatprotection/wetlandsandfish.htm

A calendar of other American Wetlands Month events is located at: http://www.iwla.org/sos/awm/events

More information on wetlands is available at: http://www.epa.gov/owow/wetlands

Toxic Algae Blamed for Marine Species Deaths

Domoic acid, a naturally occurring toxic algae, is the suspected culprit, say the California Department of Health Services (CDHS) and Department of Fish and Game (DFG). The agencies say dozens of marine mammals, including dolphins and sea lions, have been found beached from San Diego north to Santa Barbara.

Those animals may have become ill by eating small fish containing the toxin. A large number of dead or ill seabirds may also have been affected by the toxin.

Domoic acid is a nerve toxin produced by a particular species of microscopic algae that can cause severe human illness or death. Filter feeders like mussels and small finfish such as sardines feed on the algae and concentrate the toxins.

The CDHS has issued several warnings to consumers advising them to avoid eating all sport harvested species of bivalve shellfish. The quarantine area is in effect for the state's entire coast, including bays and estuaries.

There is also a health advisory for the San Luis Obispo coast warning the public to avoid eating dark colored organs or viscera of anchovies, sardines and crab.

The CDHS is monitoring the toxic plankton bloom along the coast, and has reported record elevated levels of domoic acid in the ocean environment. The last widespread outbreak of the toxic algae occurred in 1998.

"Typically, we issue an Annual Mussel Quarantine from May 1 through October 31 warning consumers about the elevated risk during this period," said Greg Langlois, a biologist with CDHS marine biotoxin program.

"This toxic bloom has reached shore at various locations from Monterey Bay to Ventura and produced very high toxin levels," Langlois continued. "It is our hope that oceanic conditions will shift and push it farther out to sea, or that it will run out of steam in the next few weeks, before reaching shore farther south."

So far, there have been no reported human illnesses connected to the outbreak.

Vermont Utility Customers Can Fund Renewable Projects

Through two programs, called CoolHome and CoolBusiness, the partnership will reduce carbon dioxide (CO2) emissions by helping construct a new wind turbine and a Vermont farm methane system to reduce consumption of fossil fuels. Burning fossil fuels is the primary source of the greenhouse gases, including CO2, that contribute to global warming.

For a one time donation of $60, CoolHome participants will help offset six tons of CO2 emissions - the amount of an average Vermont home's annual heating fuel and electricity use. With the CoolBusiness program, businesses learn how much CO2 emissions they cause and choose the amount they wish to offset.

"By helping build new renewable energy sources, we can neutralize the impact of our own energy use by causing reductions in fossil fuel emissions," said Adam Markham, executive director of CA-CP.

All money donated will go directly to CA-CP for renewable energy programs. To help get the ball rolling, Green Mountain Power has offset a year's worth of CO2 emissions - 290 tons - from both powering and heating its corporate and operations facility in Colchester.

"Offering this program to our customers is a natural extension of our corporate commitment to protecting the environment," said Stephen Terry, senior vice president of Green Mountain Power. "We already have an energy supply mix that is unusually low in emissions, and now our customers can choose to lessen the impact of the total energy use in their home."

"We also hope that other electric utilities will consider this new voluntary program as they develop ways customers can fight global warming," Terry added.

The CoolHome program will help build the Rosebud Sioux Tribe Wind Turbine Project in South Dakota, the first Native American owned and operated large scale wind turbine. It will displace electricity that would otherwise come from burning coal upwind from Vermont.

About half of the CO2 emission reductions will come from a new farm methane project in Bradford, Vermont that will eliminate lagoon storage of manure, and capture and use methane gas. The project will avoid direct emissions of methane gas and will displace fossil fuel use for the space and process heat.

CA-CP plans to work with Vermont based NativeEnergy to acquire the emission reductions. NativeEnergy helps link businesses and individuals that wish to reduce their global warming impacts with projects that reduce or offset greenhouse gas emissions by creating new renewable power sources.

"Even though Vermont's electricity mix is a relatively low CO2 emission source, we can help place wind turbines in other areas that are not as fortunate, and utilize those reductions to offset the CO2 emissions from our heating and other fossil fuel use," said Tom Boucher, president and CEO of NativeEnergy. "The Vermont farm project can directly address local farm waste and energy use right here at home."