• West Nile Virus Found in Breast Milk
  
• Decommissioning Funds Boosted for Some Nuke Sites
  
• Poor Dam Management Threatens Salmon
  
• Japanese Fuel Cell Cars Headed for U.S.
  
• Physicians Oppose Gutting of Clean Air Act
  
• Wisconsin Runoff Rules Start Today
  
• Oil Spill Settlement Aids Santa Clara River
  
• California Farmers Protect Land from Development
  
• Colorado Launches Conservation Incentive Program
  
• Green Power Purchases Honored
  

West Nile Virus Found in Breast Milk

The woman was given two blood transfusions after delivering a healthy infant on September 2. One of those transfusions came from a donor who was later found to test positive for the virus.

The new mother was readmitted to the hospital 15 days after giving birth, due to nausea, fever and other symptoms. Though the woman, who tests positive for WNV, breastfed her child for more than two weeks after the transfusion, officials at the Centers for Disease Control and Prevention (CDC) say the infant remains healthy.

"The risk for transmission of WNV from mother to infant through breastfeeding is unknown," the CDC notes. "The infant described in this report remains healthy despite breastfeeding for 17 days. Until follow up testing on the infant is completed, it is unknown whether the infant was infected with WNV. The health benefits of breastfeeding are well established, and these findings do not suggest a change in breastfeeding recommendations."

CDC experts say it is not yet clear whether the virus can be spread through breast milk. Laboratory investigations, including attempts to culture WNV from additional breast milk samples, are now under way.

However, the case does provide more evidence that WNV can be transmitted through blood and organ transplants.

The Michigan mother received blood from the same donor that officials believe infected a 47 year old Michigan man who received several transfusions of blood, plasma and platelets during a liver transplant operation in August. After being discharged from the hospital on August 24, he was readmitted 10 days later with a high fever, and tested positive for WNV. He has since recovered and been discharged.

The CDC is now working to develop a blood screening test for WNV to help protect the nation's blood supply.

As of September 30, 2002, the total number of West Nile virus cases reported to the CDC this year had reached 2,405, with 117 deaths. A total of 32 states and Washington DC have reported human cases of West Nile virus in 2002.

West Nile Virus poses its highest risk to people with weakened immune systems, such as the elderly or people with other illnesses like cancer. Most people who contract the disease never realize it because their symptoms are so slight.

Some of those who do develop symptoms, and do not die from dangerous brain swelling or encephalitis, may end up with some degree of paralysis, the CDC warns. Last month, the agency announced that at least six people who were healthy before contracting WNV are now facing paralyzed limbs or even paralysis severe enough to interfere with their breathing, leaving the patients dependent upon a respirator.

Decommissioning Funds Boosted for Some Nuke Sites

The rule change would not affect nuclear power plants, but would concern nuclear materials licensees, including nuclear waste handlers and large irradiation facilities used to sterilize medical equipment and food products.

The NRC says the changes would bring the amount of money available to shut down and clean up these sites more in line with current decommissioning costs, and provide assurances that quick decommissioning can be carried out following the shutdown of a licensed facility.

The NRC estimates that this additional financial assurance for decommissioning would cost affected licensees about $1.2 million per year, and would provide about $80 million in total additional funds for decommissioning.

The amount of financial assurance that licensees must provide can be based on either a decommissioning cost estimate provided by the licensee in a decommissioning funding plan or on dollar amounts specified in the regulations. The current amounts specified in the regulations are based on decommissioning cost estimates that are about 15 years old.

Studies done for the NRC show that decommissioning costs have increased by at least 50 percent over the past two decades, so the agency is proposing to raise required decommissioning fund amounts by 50 percent.

Under the new rules, all nuclear waste broker licensees would have to provide financial assurance. About half of the 15 NRC waste broker licensees are now required to have financial assurance.

Large irradiator licensees and nuclear waste brokers would not be allowed to use the specific amounts in the regulations as a basis for financial assurance for decommissioning, and would have to base their funding on site specific decommissioning cost estimates. The new rules require that decommissioning cost estimates be updated at least every three years.

Funds for decommissioning most sites may be provided by prepayment, a bond, letter of credit or line of credit, insurance or other guarantee method. Federal, state or local government licensees must provide a statement of intent indicating that funds will be obtained when necessary.

The NRC will accept comments on the proposed rule for the next 75 days at: http://ruleforum.llnl.gov

Poor Dam Management Threatens Salmon

On Monday, the conservation group released its annual report card regarding salmon migration conditions in the Snake and Columbia rivers. The report card charges that river conditions in 2002 violated both the Endangered Species Act and the Clean Water Act.

On the Snake River, federal dam managers failed to meet spring water quantity targets 74.6 percent of the time, and failed to meet summer water quantity targets 80.1 percent of the time - earning two F grades from American Rivers. For Snake River summer water temperatures, the managers received an F because the Clean Water Act standard was violated 52.8 percent of the time.

Federal dam managers also received a D and two Fs for failing to meet spring and summer flow targets and the summer water temperature standard for the Columbia River.

"The poor river management in the spring and summer of 2002 provides further evidence that the current salmon plan is not creating the river conditions the fish need to recover," said Michael Garrity of American Rivers.

Biologists note that sufficient water quantity, or flow, in the Snake and Columbia rivers would help flush federally protected juvenile salmon downstream to the ocean and reduce water temperatures during the hot summer months. Cooler summer water temperatures would help prevent salmon from becoming stressed and more susceptible to disease, or from being killed outright.

Fish faced poor river conditions in 2002 despite a near normal water year in much of the Columbia Basin, American Rivers charges. Cumulative precipitation from October 1, 2001 to July 31, 2002 was 96 percent of normal above the Dalles Dam on the Columbia River, and 86 percent of normal above Ice Harbor Dam on the Snake River. While dry conditions lingered in the upper Snake River Basin, runoff in the lower Snake River was well above that of last year.

Federal dam managers note that flow targets are not mandatory, but also point to the inclusion of flow targets in the federal salmon plan as evidence that the plan protects salmon.

"The fact that in the first two years of the new federal salmon plan, water releases for salmon have actually decreased relative to previous years shows that the federal agencies are heading in the wrong direction," Garrity said. "The agencies are trying to have their cake and eat it, too. The truth is that flow targets are met only when it is convenient to do so."

A broad coalition of conservation, fishing and business groups is now challenging the adequacy of the federal salmon plan, also known as the 2000 Biological Opinion, in federal district court. The groups argue that the plan has too many loopholes and lacks the strong measures needed to meet the federal obligation to comply with the Endangered Species Act.

An analysis earlier this year by the Save Our Wild Salmon Coalition found that fewer than 25 percent of the 2001 actions called for by the federal salmon plan were implemented. Funding for the salmon plan in fiscal year 2002 was less than half of the amount needed to carry out the plan.

The 2002 Salmon Migration Report Card is available at: http://www.americanrivers.org/snakeriver/default.htm

Japanese Fuel Cell Cars Headed for U.S.

Monday's issue of "Japan Auto Trends," the newsletter of the Japan Automobile Manufacturers Association (JAMA), says that Japan's automakers will be the first to offer commercial versions of hydrogen fuel cell cars.

Honda and Toyota are both gearing up to sell or lease fuel cell vehicles in the U.S. and Japan by the end of 2002. In July, the Honda FCX became the first fuel cell vehicle in the world to receive government certification from the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB).

Honda will start marketing the FCX in both Japan and the U.S. at the end of this year. The Honda FCX, which has a top speed of 90 miles per hour, will be equipped with hydrogen tanks large enough to power it for 220 miles on a single fill.

Toyota plans to offer leases on fuel cell powered sport utility vehicles by the end of 2002. Toyota's U.S. model will be based on the Highlander SUV and have a top speed of 90 miles per hour.

Nissan will enter the commercial vehicle fuel cell market in fiscal year 2003. General Motors Japan plans to road test its HydroGen3 Opel Zafira fuel cell electric vehicle in Japan next year.

Japan's Ministry of Economy, Trade and Industry (METI) is kicking off a three year "Japan Hydrogen Fuel Cell Demonstration Project," aimed at showing that hydrogen is safe, effective and environmentally friendly. The project will also demonstrate how to operate the infrastructure needed to distribute the hydrogen fuel.

"In addition to the limited system for supplying hydrogen, we still lack the test and other data to accommodate fuel cell cars in a variety of environments," said Toyota vice president Akihiko Saito.

"Japan Auto Trends" is available at: http://www.jama.org

Physicians Oppose Gutting of Clean Air Act

The medical professionals warned the administration against modifying the Clean Air Act's New Source Review (NSR) provisions without studying the potential health and environmental consequences of the proposed changes.

For more than a decade, NSR has helped to decrease pollution from new and modified power plants, refineries and other industrial facilities. NSR programs and the resulting decline in air pollution have resulted in an annual savings of billions of dollars in averted health morbidity costs, according to the U.S. Environmental Protection Agency (EPA).

But last June, the Bush Administration announced its intention to change NSR provisions. Critics charge that the proposed changes, now awaiting review by the federal OMB, would relax air pollution controls and allow more emissions that directly harm human health.

Many studies have linked air pollutants to health problems including respiratory disease, asthma attacks, heart and lung conditions, and premature death. Vulnerable populations, such as children and the elderly, are most at risk.

In their letter, health care providers demanded that "no changes to NSR should occur without the public being provided with a comprehensive analysis demonstrating that the proposed changes to NSR will improve air quality and human health." Physicians also urged OMB not to finalize any changes before giving the public a chance to comment on the health analysis and the resulting changes to the NSR program.

"It is irresponsible of this administration to even consider moving forward with changes to the NSR program without the ability to assure the public that human health and the environment will not be harmed," said Karen Hopfl-Harris, legislative director of the Environment & Health Program at Physicians for Social Responsibility (PSR).

A new survey by the nonprofit Clean Air Trust shows that the protection of the Clean Air Act is still needed. The report documents smog problems in at least 34 states plus the District of Columbia during the summer season that has just ended.

"Our survey is the first look back at this summer of smog," noted Frank O'Donnell, executive director of the Trust. "And it was a very, very bad summer for breathers." He noted that with a few exceptions such as California and Texas, most states had a bigger problem with smog in 2002 than in 2001.

"The Clean Air Act wasn't a cosmetic piece of legislation - people need this protection," added Dr. Robert Musil, executive director and CEO of PSR. "Changes should only be made that lessen air pollution, not make it worse."

The letter to the OMB and the report "Children at Risk" are available at: http://www.psr.org/enviro.htm

A detailed list of states, cities and recreational areas with smog problems is available from the Clean Air Trust at: http://www.cleanairtrust.org

Wisconsin Runoff Rules Start Today

The rules come 30 years to the month after Congress passed the 1972 Clean Water Act. That landmark federal legislation helped reduce and control pollution flowing from factories and municipal sewage treatment plants, known as point source pollution. But the Act did not address pollution carried into lakes and rivers by rain and melting snow from farms, city streets, construction sites and other sources, know as nonpoint source pollution.

"These rules are absolutely necessary for Wisconsin to continue cleaning up our lakes and rivers and to protect the gains we've made," said Wisconsin Department of Natural Resources (DNR) secretary Darrell Bazzell. "We hope they will allow Wisconsin to build on the significant progress in cleaning up our state's waterways as a result of controls on point sources."

None of the more than 500 lakes and river segments on the DNR's proposed list of impaired waters is polluted primarily by point source pollution from factories or wastewater treatment plants. Almost half of the 500 are impaired primarily by nonpoint source or runoff pollution, or a combination of runoff and point source pollution.

The rules, which DNR staff, advisory committees and others spent four years developing, are regarded as the most comprehensive in the nation, said Russ Rasmussen, who leads the DNR runoff management section that developed the rules. They set mandatory goals, or performance standards, for farmers, municipalities, developers, golf course owners and others to meet to reduce polluted runoff from their land, but give the different groups some flexibility in how they meet those standards.

While the new law became effective today, requirements for different groups will be phased in over time.

"We're looking at the next year as a transition year to work out all the details of getting these rules operational," Rasmussen said. "We're working with other state agencies and local governments to clearly spell out the roles and procedures for implementing them and on educating our staff and those people who will be affected by the rules."

For example, the state can not enforce the rules against small farming operations unless the state has provided at least 70 percent of the cost of the manure containment structure or other practice intended to reduce runoff. Rasmussen anticipates much of the work in coming years will be determining which farms already comply with the standards and which are eligible for cost sharing on new runoff controls.

More information about the performance standards and manure management prohibitions is available at: http://www.dnr.state.wi.us/org/water/wm/nps/admrules.asp

Oil Spill Settlement Aids Santa Clara River

The bulk of the money will go towards restoration of natural resources injured by the spill. The remainder will be paid as federal and state civil penalties and other damages.

The spill occurred when a segment of pipeline beneath the Valencia Golf Course ruptured in 1991. The oil flowing from the pipeline fouled a 15 mile stretch of the Santa Clara River between Los Angeles and Ventura Counties.

The Santa Clara River and surrounding habitat are home to a rich abundance of plant and animal life, including many endangered and threatened species protected under federal and California law. Despite Mobil's prompt response to the spill, wildlife and habitat along the river were damaged.

"This cases underscores the harm oil spills can cause despite a rapid response by the company - at least 1,777 barrels of crude oil were discharged and the spill caused extensive damage to wildlife and vegetation, including birds, amphibians, and mammals," said John Peter Suarez, the U.S. Environmental Protection Agency's (EPA) assistant administrator for the Office of Enforcement and Compliance Assurance.

"The habitat supporting these and certain endangered species was also compromised," Suarez added. "Enforcement in this area is crucial to ensure companies have plans in place for preventing, preparing for, and responding to oil spills."

The settlement provides funds that will be used to preserve and restore habitat in the river in compensation for the natural resources that were lost as a result of the spill.

Harlan Henderson, administrator of the state's Office of Spill Prevention and Response, said rapid development and population growth throughout the region make it crucial that damaged ecosystems be repaired wherever possible. Diane Noda, field supervisor for the state's Ventura Fish and Wildlife Office, said the settlement funds will be put to work to benefit species along the Santa Clara River.

"We've already worked in partnership with conservation groups, state agencies, and stakeholders on a resource plan from a previous oil spill in the river, and now we'll build on these relationships to come up with further proposals to protect and enhance this unique Southern California river system," Noda said.

California Farmers Protect Land from Development

The protected vineyards and field crops form an urban growth boundary that will prevent the westward growth of Madera toward 40,000 acres of productive farmland.

"The Madera farmland security perimeter marks the first time that so many adjacent landowners in the western United States have protected their farms from development in this type of simultaneous, mutually binding transaction," said American Farmland Trust (AFT) president Ralph Grossi.

"If one landowner had decided not to proceed, the whole deal would have come apart," Grossi added. "This goes to show that a group of dedicated farmers, working together, can protect their agricultural livelihoods and shape the future of their community."

AFT, a nationwide farmland conservation organization, brought the willing farmers together to craft a strategy for protecting land close to the growing city. AFT worked with local, state and federal agencies, acquiring grants from the state and federal governments to purchase agricultural conservation easements on the farms.

Under the easements, farmers retain control of their operations, but agree not to divide or develop their land for any other uses.

"Placing an easement on the farm was not only an alternative to selling for development, it has also helped my bottom line," said farmer Dennis Prosperi. "By allowing a farmer to cash in on the equity of the farm, easements can be a sound business decision."

The California Department of Conservation's California Farmland Conservancy Program (CFCP) gave the project a $2.2 million grant, the largest in the program's history. The $1.1 million grant from the U.S. Department of Agriculture's National Resources Conservation Service's Farmland Protection Program (FPP) was the largest FPP conservation easement USDA has awarded in California.

The landowners involved in the perimeter donated $1.25 million to the effort by accepting less than full value for the easements.

"These farmers recognize the importance of agriculture to the Central Valley and California's economy," said Darryl Young, director of the California Department of Conservation. "We salute them not only for making this decision, but also for setting an example that other agricultural landowners in the county and state can follow."

Both the city and county of Madera have passed resolutions supporting the creation of the so called farmland security perimeter. While more than 40 percent of Madera County is in agricultural usage, the California Department of Finance projects that its population will grow from its current 124,300 to 203,200 by 2020.

By protecting a large region of agricultural land on the western edge of the city, the farmland security perimeter directs Madera's growth toward less productive land to the east and north.

"The Madera farmland security perimeter will allow the city to accommodate growth while protecting its high quality farmland, an investment that will pay off for years to come," said John McCaull, AFT's California regional director.

Colorado Launches Conservation Incentive Program

The Colorado Species Conservation Partnership, which began accepting applications on September 13, is aimed at reducing the need to list species under the Endangered Species Act. The program is also intended to aid the recovery of declining species and those already classified as threatened or endangered.

"Cooperative efforts such as these are essential if we are to protect our native species and the habitat they need to survive," said state Division of Wildlife (DOW) director Russ George. "This program benefits everyone involved."

Under the program, landowners will be paid, according to their property's value, not to sell their land for development, or they may be paid to help maintain or develop habitat on their property. Any landowner, land trust or conservation organization can apply for the program, and the application process will take place twice a year, depending on available funding.

Areas targeted for the conservation program are shortgrass prairie and grasslands on the Eastern Plains, Front Range riparian habitat, which includes areas along streams, rivers and lakes, for the threatened Preble's meadow jumping mouse, and land in the Gunnison Basin and other locations in southwestern Colorado that are home to the Gunnison sage grouse.

"All of these landscapes we are including in the program have species that are listed under the Endangered Species Act or have the potential to be listed, and in order to maintain those species, we need to make some serious conservation efforts," said Ken Morgan, private lands habitat program coordinator for the DOW.

"But while we're doing that, the program keeps landowners - whether it's a cattle rancher or grower or anyone else - there doing what they do best," Morgan continued. "Front Range land that is home to the Preble's meadow jumping mouse is prime for development, so property values there are going up. So it's an opportunity to protect species, as well as providing an opportunity for landowners to add economic viability to their land."

The easements will help protect a variety of species, not only those that are already at risk.

"It's more of a landscape approach than looking at it species by species," Morgan said. "And while the aim is to conserve large blocks of land, it doesn't have to be a big piece of land to qualify."

Voluntary protection efforts can improve the financial viability of an agricultural operation, and are much easier and far less expensive than trying to help a species recover.

"Conserving a species before it needs to be listed saves time and money for all of the agencies and individuals involved," said Gary Skiba, a wildlife manager with the DOW. "You usually have more options when a species is still relatively common, such as deciding which areas need to be conserved."

"Once it's listed, most habitat is automatically important, so your options are limited," added Skiba. "The listing process itself is costly and contentious, and once a species is federally listed, any actions that might affect its habitat are restricted."

Green Power Purchases Honored

The businesses and organizations were recognized for their green power purchases at two different events scheduled to coincide with the seventh National Green Power Marketing Conference in Washington, DC.

"These efforts to support clean, renewable energy show that environmental stewardship can also mean good business," said EPA Administrator Christie Whitman. "This Administration believes that through partnerships with industry - such as the Green Power Partnership - we can harness the creativity and innovation of industry - and put it to work for the environment."

Green power is electricity generated by renewable sources such as solar, wind, water, geothermal, biomass and biogas. Partners in the program must pledge a switch to Green Power for a portion of their electricity needs within the next year. In return, EPA provides technical assistance and public recognition.

Several of the honorees are located in Washington DC, including the headquarters of the National Geographic Society, The Nature Conservancy, and the U.S. Army - Walter Reed Army Medical Center, among others.

Green Power Leadership Awards were presented to eight organizations, with the top two awards going to Kinko's and the city of Chicago. Kinko's is purchasing green power for stores in states across the country. The city of Chicago decided to obtain one fifth of its electricity from green power sources.

The Green Power Leadership Awards are part of the recognition offered through the Green Power Partnership, a voluntary program working to standardize green power purchasing. The partnership provides technical assistance and public recognition to organizations that commit to using green power for a portion of their electricity needs.

The program now has more than 80 partners, including Fortune 500 companies, states, federal agencies, trade associations and universities.

Partners in the Green Power Partnership have made a combined total commitment to procuring over 500 million kilowatt hours of green power a year. If generated by conventional means, the emissions associated with that much electricity would include over 800 million pounds of carbon dioxide. That is about the same amount of carbon dioxide absorbed each year by 100,000 acres of forest, or the annual emissions of about 80,000 cars.

More information about the Green Power Partnership is available at: http://www.epa.gov/greenpower