• EPA Enforcement Nominee Called Unqualified
  
• Farm Bill Headed for Bush Signature
  
• Commission: Damaged Reactor Cap Needs Replacing
  
• Asthma Awareness Month Marked with Awards
  
• Turning Lights Off Saves Bird Lives
  
• Fuel Cells Demonstrated in 10 California Homes
  
• Most Horseshoe Crabs Survive Medical Bleeding
  
• Stranded Dolphin Returned to the Sea
  

EPA Enforcement Nominee Called Unqualified

Suarez, whose nomination as Assistant Administrator of the Office of Enforcement and Compliance Assurance (OECA) was sent to the Senate last month, is a long time colleague of EPA Administrator Christie Whitman, the former governor of New Jersey. Suarez has served as the director of the New Jersey Division of Gaming Enforcement since 1999 and was previously Assistant Counsel to then Governor Whitman.

In 1998, Suarez was special assistant to the director of the Criminal Justice Division in New Jersey. From 1992 to 1998, Suarez was an assistant U.S. attorney in the District of New Jersey.

Despite his record of law enforcement, Suarez has little or no experience with environmental issues, critics pointed out Tuesday in a hearing before the Senate Environment and Public Works Committee.

Senator Jim Jeffords, the Vermont Independent who chairs the committee, told Suarez he was "concerned that your legal experience has not dealt with our environmental laws," which Jeffords noted are "complex and often require extensive knowledge of the underlying case law."

"The responsibilities of the position you have been nominated to fill is a very important one," Jeffords said. "Our environmental laws can be rendered meaningless without adequate enforcement."

Senator Barbara Boxer, a California Democrat, said she was concerned that Suarez "has no experience on the environment."

In August 2001, Boxer put a hold on the Bush Administration's first OECA nominee, Donald Schregardus over concerns that during his tenure as head of the Ohio Environmental Protection Agency, he "too often took the side of the polluters, not the people or the environment."

Boxer suggested that Suarez's nomination may be a new strategy for the Bush administration to avoid effective enforcement of the nation's environmental laws. Suarez "has been asked to enforce environmental laws in an Administration that does not appear to want them enforced," Boxer said, "and, furthermore, has ignored Congress's mandate to provide the personnel necessary to enforce the laws."

"I believe that the Nation's environmental laws are critically important to every American," Suarez told the Senate committee. "I hope to have the opportunity to enforce those laws to help ensure that all of us, especially our children, can enjoy cleaner air, purer water, and better protected land for years to come."

Saying that he believes in "fairness," "flexibility," and a "cooperative approach" in working with regulated companies and individuals, Suarez also noted that in the "carrot and stick" model of motivating correct behavior, "I believe that a good enforcement official has the stick and is not afraid to use it."

In answer to the Democratic senators' concerns, Suarez said he would ask current EPA staff for advice when needed. "I will continue to learn the law," Suarez said.

In a letter to Senator Jeffords, a coalition of environmental groups, including American Rivers, Friends of the Earth and the Sierra Club, called Suarez was the least qualified person nominated as OECA in the last 15 years.

"There is no evidence that Mr. Suarez has ever dealt in any aspect of the enforcement of state or federal environmental laws," the groups wrote.

Farm Bill Headed for Bush Signature

With a 64 to 35 vote, the Senate approved the bill, sending it to the desk of President George W. Bush, who has said he will sign the measure into law. Just six Democrats voted against the election year bill, along with 29 Republicans.

The six year bill will boost federal subsidies for staple crops like wheat and corn, reversing a trend away from agricultural subsidies that began in 1996. Spending authorized by the bill is mandatory, and will not be subject to future congressional budget decisions.

Critics of the bill note that many foreign governments view agricultural price supports as undermining World Trade Organization (WTO) agreements meant to reduce distortions in international trade.

"Our world trading partners are already outraged," said Senator Richard Lugar, an Indiana Republican, during debate over the bill on Tuesday. "Some members of the conference have already dismissed this and said, essentially, that's simply too bad."

Over the next 10 years, the bill boosts spending for agricultural subsidies by about $82 billion. About 70 percent of that amount would go to a handful of crops, grown by a handful of corporate farms.

In a statement last week, President Bush said the farm bill produced by the House Senate conference committee, and now approved by both houses, includes "the strongest conservation provisions of any farm bill ever passed by Congress."

The final version of the bill dedicates $17.1 billion to existing conservation programs including the Wetlands Reserve Program, the Farmland Protection Program and the Wildlife Habitat Incentives Program, and a new initiative, the Grasslands Reserve Program (GRP). The GRP will help save critical habitat for migratory songbirds, grassland birds and other wildlife.

Under pressure from conservation groups, the conference committee removed language authorizing so called "stewardship contracting," in which public lands loggers were to be compensated for restoring timberlands after logging. Environmental groups argued that the restoration would not be necessary if the logging were eliminated.

Commission: Damaged Reactor Cap Needs Replacing

FirstEnergy Nuclear Operating Company, the utility that owns and operates Davis-Besse, had proposed to cut a hole in the reactor head and weld a stainless steel patch into the area discovered to be damaged earlier this year.

Boric acid from a leaking nozzle left a hole six inches deep and four to five inches wide in the reactor lid, eating through the vessel until reaching a 3/8 inch stainless steel liner that the acid could not penetrate. FirstEnergy discovered the damage during a routine maintenance shut down in February.

So much boric acid had been deposited on the reactor vessel lid that it had to be pried off with crowbars before the utility's crew uncovered the six inch hole in the steel vessel. Two weeks later, the team found another, smaller hole, measuring about 1.75 inches deep.

Replacing the entire reactor head will cost much more than FirstEnergy's proposed patch, and keep the plant, off line since it was shut down for refueling in February, out of commission longer.

The NRC says it is unlikely to approve FirstEnergy's repair strategy, as a complete reactor head replacement will provide better long term protection for the reactor.

Asthma Awareness Month Marked with Awards

EPA Administrator visited George Mason Elementary School in Alexandria, Virginia to honor efforts to fight childhood asthma.

"Although there is no known cure for asthma, there are simple steps you can take today to reduce your exposure to these triggers and help prevent an asthma attack," said Whitman. "World Asthma Day is an excellent opportunity to reach out to parents, school nurses and teachers and urge them to learn more about prevention and ways to protect children from asthma attacks."

Asthma, often triggered by environmental pollutants such as smog, soot and smoke, has reached epidemic proportions in the United States. While 15 million people are affected, of particular concern is the growing number of children with asthma. Since 1980, the largest increase in asthma cases has been in children under the age of five.

Asthma attacks cause one third of all pediatric emergency room visits. Asthma is also the fourth most common reason for pediatric physician office visits, and is one of the leading causes of school absenteeism accounting for about 10 million school days missed each year.

The EPA presented several awards Tuesday, honoring the PBS television show ARTHUR®, produced by WGBH in Boston, which received EPA's National Environmental Asthma Educator Award. Kim Gosselin, author of "Taking Asthma to School," received the EPA's National Environmental Asthma Writers Award. Robin Wallin, George Mason Elementary school nurse, received EPA's World Asthma Day Recognition Award.

During Asthma Awareness Month, the EPA is partnering with other federal agencies and nonprofit groups to sponsor hundreds of asthma awareness events around the country in schools, libraries, health clinics and hospitals.

More information is available at: http://www.epa.gov/iaq/asthma/wad2002activities.html

Turning Lights Off Saves Bird Lives

"For the first time, we now have numbers to back up scientists' claims that turning off building lights during migration season is an effective way to reduce the number of birds who kill themselves by flying into buildings," said Doug Stotz, PhD, a conservation ecologist at The Field Museum.

During 2000 and 2001, Stotz and his colleagues counted dead birds around McCormick Place every day during the migration seasons, from late March to the end of May and from mid-August to Thanksgiving. Half of the vertical surface of the huge, lakefront building is glass, and lights in the building seem to disorient migrating birds.

Turning lights off at McCormick Place reduced the number of dead birds by up to 88 percent, depending on lighting conditions and window location. For all the days counted, 1,297 birds died from hitting lit windows while just 192 birds died from hitting dark windows.

After adjusting for the variance in lit versus dark windows, the overall reduction due to turning the lights out was 83 percent.

"That's an incredible savings from just one building," Stotz said. "Imagine what we could accomplish if the drive to turn off lights during migration season spread to include most downtown buildings."

The city of Chicago is working toward that goal. In 2000, Chicago and the U.S. Fish and Wildlife Service signed the Urban Conservation Treaty for Migratory Birds. Ever since, the city has been asking downtown buildings to dim or shut off their lights in the spring and fall.

On Wednesday, Philadelphia, Pennsylvania became the third city, after Chicago and New Orleans, Louisiana, to sign an Urban Conservation Treaty for Migratory Birds. The USFWS will give the city $75,000 to support projects and educational initiatives to make the city better bird habitat.

In Chicago, Field Museum scientists have been checking for dead birds at the base of McCormick Place since 1978. Over the years, they have collected 29,842 birds of 140 species. The most common window casualty was the song sparrow.

The Chicago Ornithological Society estimates that 100 million to one billion birds die each year after colliding with buildings in the U.S. alone.

Canada is ahead of the U.S. in studying and preventing bird building collisions. Michael Mesure, executive director of the Fatal Light Awareness Program in Toronto, will speak at The Field Museum on the causes and solutions to the problem on May 20.

Fuel Cells Demonstrated in 10 California Homes

In its meeting on May 3, the South Coast Air Quality Management District (AQMD) said the project will be the region's first demonstration of this use of fuel cell technology.

"Fuel cells are ready to power cars, buses and some commercial buildings," said Barry Wallerstein, executive officer of the AQMD. "We want to see if they could also be used to power Southern California homes, which could increase our region's supply of electricity while reducing air pollution."

AQMD's governing board approved a $366,149 contract with Fuel Cell Technologies Ltd. of Kingston, Canada, to demonstrate the solid oxide fuel cells. Each fuel cell will produce up to five kilowatts of electricity, enough to power the base load of one of the region's typical home.

The fuel cells will be fueled by natural gas delivered to homes through existing pipelines.

Fuel cells combine hydrogen and oxygen to produce electricity, with water and carbon dioxide as the sole byproducts. In solid oxide fuel cells, hydrogen is separated from natural gas by an internal reforming device.

Fuel cells are more energy efficient than internal combustion engines, and by using fuels such as natural gas, they emit very little smog forming nitrogen oxides.

The demonstration is expected to begin by early fall and last about one year. AQMD is contributing $350,000 from an air pollution settlement and $16,149 from its Clean Fuels Fund. Fuel Cell Technologies Ltd. will contribute $616,151 for a total project cost of $982,300.

Most Horseshoe Crabs Survive Medical Bleeding

Faculty from two departments at Virginia Tech published the review article in the journal "Review in Fisheries Science." Virginia Tech's Horseshoe Crab Research Center opened this year to help provide the information needed to maintain horseshoe crab populations at sustainable levels.

The team reviewed 100 years of research to determine the economic impacts of horseshoe crabs, the status and management of the horseshoe crabs now and projected in the future, and alternatives to using horseshoe crabs as a blood source.

When horseshoe crabs are harvested for use by the medical industry, about one third of their blood is extracted. Horseshoe crab blood is very sensitive to toxins, making it a useful compound for testing the purity of drugs and medical equipment that holds human blood.

"LAL is a chemical found in horseshoe crab blood used to detect the presence of endotoxins in injectible drugs and implantable devices. The chemical is more important than ever due to the anti-terrorism efforts," said Jim Berkson, assistant professor in fisheries and wildlife sciences. "All vaccines, including smallpox and anthrax, must be tested for the presence of endotoxins using LAL."

The Virginia Tech team confirmed that most of the crabs used by the medical industry are returned to the sea alive.

"We have found that the mortality of horseshoe crabs that undergo the biomedical bleeding process is only 7.5 percent," said Berkson. "That is astounding considering how much blood is taken out of the crabs. We would expect it to be much higher. This may be an indication of how the crabs have survived for 350 million years."

Besides the biomedical industry, the horseshoe crab is also economically important to ecotourism and birdwatching groups, because horseshoe crab eggs form a major portion of the diet of many migratory shorebirds. Commercial fishers harvest horseshoe crabs as bait, accounting for the majority of the millions of crabs killed each year.

The research review by Virginia Tech provided "new information on where horseshoe crabs are found in the ocean, how far they migrate, and the presence of possible nursery grounds, where juveniles are at particular risk from the commercial fishery," said Berkson.

Stranded Dolphin Returned to the Sea

Blondie stranded on Clearwater Beach on March 2 and was rescued by at the Clearwater Marine Aquarium's (CMA) stranding team. She was nursed back to health under the supervision of veterinarians in CMA's rehabilitation pool

"When our stranding response team rescued Blondie and transferred her to our rehabilitation pool, our veterinarians gave her a thorough physical examination and administered antibiotics as a precaution," said Dennis Kellinberger, CMA's executive director. "She had many abrasions on her back and sides, known as rake marks, which were caused by other dolphins raking their teeth across her skin."

Randy Wells, a dolphin expert with Mote Marine Laboratory in Sarasota, said it is not uncommon for such marks to be found on young dolphins.

"We don't know whether the wounds are the result of playful or aggressive behavior," said Wells. "But we do know that they're common on young dolphins between the age of two and three, the age that they usually leave their mothers. And they're just full of weapons - their teeth, their flukes, and their beaks - and they're just learning how to use them. But unless we can actually observe them in the act, it's anyone's guess as to why they do this to one another."

Melody Baran, a CMA biologist, and Steve Siebert, a stranding team volunteer, help to keep Blondie moist and cool during her journey back to the Gulf of Mexico. (Photo courtesy NMFS)

"We're delighted that she recovered so quickly," said Baran. "She's gained weight, she's very strong and an extremely good hunter. We often put live tilapia in the tank and she chases them right down and gobbles them up."

On May 2, Blondie was returned to the Gulf of Mexico, wearing a radio tag that will provide information about her condition during her first few weeks back in the sea.

"Everyone involved in our marine mammal health and stranding response program is dedicated to learning more about the biology and health of stranded marine mammals," said Kyle Baker, a member of the National Marine Fisheries Service's (NMFS) southeast marine mammal team. "While we're the federal agency that's charged with protecting cetaceans, it's stranding teams like this, comprised almost entirely of volunteers, that make the program work."