• Agreement Could Reduce California Water Use
  
• ExxonMobil Sponsors Superfund Cleanup
  
• Rare Turtle Nest Prompts Extraordinary Measures
  
• Scientists Track Dwindling Pintail Ducks
  
• Clean Air Advocates Honored in Los Angeles
  
• Habitat Proposed for Three Island Species
  
• Florida Kids Practice Water Sampling
  
• Personal Beacons Coming to a Hiker Near You
  

Agreement Could Reduce California Water Use

Following two months of negotiations, four California water agencies reached an agreement on transferring water from agricultural users to urban users, providing a basis for settling almost seven decades of disputes among California Colorado River water agencies.

California Assemblymember Bob Hertzberg, the Democrat who led the negotiations, said the agreement promises a "lasting peace on the river."

California currently takes more water from the Colorado River than allowed under a 70 year old agreement between Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming. Under a new seven state agreement, California has 15 years to reduce its draw on the river from about 5.2 million acre-feet to its basic annual apportionment of 4.4 million acre-feet a year in the absence of surplus water.

During the 15 year reduction period, California will continue to receive surplus water from the river, but only if it meets a December 31, 2002 deadline for adopting a formal plan for reducing its river water withdrawals. Failure to meet that deadline could force the federal government to slash California's river water allotment by billions of gallons of water each year.

Under the agreement, water transfers from farms in the Imperial Valley to three million users in San Diego County could begin next year. In order to meet benchmark requirements for reducing river water use, the Imperial Irrigation District (IID) will deliver one million acre-feet of water over the first 15 years.

IID agreed to a mix of system improvements and temporary idling of some farmland during the first 15 years of the transfer, which will reduce agricultural water use by about two percent. In the 16th year of the agreement, all temporary idling would end, and all water for transfer would be produced through on farm and system conservation measures.

The San Diego County Water Authority will pay $258 to $400 per acre-foot of water transferred from IID. IID will use the funds to assist Imperial Valley farmers who must let land lie fallow or use less water for irrigation.

As a result of the additional water from IID, San Diego County will not have to buy as much waster from the Metropolitan Water District, which draws some of its water directly from the Colorado River.

"This is a measure that will last 75 years," said Hertzberg. "It's not a quick fix. It's not a short term deal. It's for the long term."

The deal was complicated the need to protect the Salton Sea, a manmade lake fed by agricultural runoff that is crucial to millions of migrating waterfowl. The salty lake has been growing saltier due to reductions in Imperial Valley runoff, and some environmentalists are concerned that the water transfers could hasten the Salton Sea's progress toward toxic salt levels.

Under the final agreement, the water transfer may not cause any "significant increase" in the sea's salinity over the next 15 years. After that, the negotiators hope to have a longer term plan in place to protect the Salton Sea.

ExxonMobil Sponsors Superfund Cleanup

The agreement also provides for payment of the state's past costs related to the facility.

The agreement, negotiated with ExxonMobil by the West Virginia Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA), provides for long term redevelopment of the Superfund site as part of a national pilot project known as Project XL. The Fairmont Coke facility was the first Superfund site in the nation to enroll in the project.

"Project XL stands for 'excellence and leadership'," said Michael Callaghan, West Virginia environmental cabinet secretary. "The project is intended to be an alternative strategy for investigation, assessment of risk, selection of remedies and the cleaning up of such sites. This project is a prime example of what can be achieved when corporate America and regulatory authorities work in a cooperative effort to address environmental issues."

Under the terms of the agreement, ExxonMobil will set aside $2 million to establish a custodial trust, administered by the DEP, which will be used to promote redevelopment of the site. The company will pay another $500,000 to the state to settle claims for past and future damage to natural resources stemming from the site. The company also agreed to pay for any future oversight costs.

The Fairmont Coke Works was constructed in 1918 to produce toluene, a byproduct of coke, which was used in the manufacture of military explosives during World War I. The federal government owned the site between 1918 and 1920.

The site was then sold to Domestic Coke, a subsidiary of Standard Oil, now ExxonMobil. Standard Oil operated the facility from 1920 until 1948.

In 1948, the site was purchased by Sharon Steel Corp., and was used to convert coal into coke, producing various coke byproducts such as coal tar, ammonium nitrate, benzene, toluene, xylene and coke oven gas. Sharon Steel ceased operations in 1979 and filed for bankruptcy protection in 1987.

The EPA initiated an emergency removal action at the site in 1993 to address pollutants and contamination. In 1996, EPA included the site on the National Priorities List, or Superfund list. In 1998, ExxonMobil acquired the site from the Sharon Steel bankruptcy trustee and began negotiations with state and federal environmental agencies on a long term cleanup effort.

In 1999, ExxonMobil, EPA and the DEP entered into a final project agreement under Project XL. At the same time, evaluations of soil, groundwater, surface water and sediments were completed.

"This is an example of a company stepping up to the plate and doing what is right," said Callaghan. "ExxonMobil bore little responsibility for the historic violations at the site, nevertheless it is willing to accept the responsibility for the cleanup. It is a clear example of a company being a good corporate citizen."

"Thanks to the cooperation between EPA, ExxonMobil and our state and local partners, this site was the only Superfund site to be designated a Project XL site in 1998, and since then, its cleanup progress continues to exceed expectations," said Donald Welsh, regional administrator for the EPA's Mid-Atlantic Region. "Under EPA's Project XL program, industry receives flexibility in exchange for superior environmental performance. EPA applauds the trust for achieving yet another major milestone in restoring and returning this once highly contaminated site to the residents of Marion County."

Rare Turtle Nest Prompts Extraordinary Measures

On October 7, a small sea turtle made her way up onto Hilo's Bayfront beach, dug a nest in the cool sand, deposited 124 eggs, covered them with her flippers and made her way back to the sea. The nest, believed to be the first known nest laid on the busy beach in modern times, may be even more unusual still.

Eyewitness descriptions lead turtle biologists to believe the turtle was an olive or Pacific ridley turtle - an endangered sea turtle rarely seen in Hawaii. This would be only the second confirmed nest of an olive ridley in the state.

Hilo fishers who witnessed the nesting turtle reported it the next morning to the Department of Land and Natural Resources Division of Conservation and Resources Enforcement (DOCARE). DOCARE officer Andrew Ford responded, and finding that the nest was located very close to the waterline where winter waves could wash it away, contacted University of Hawaii at Hilo Marine Option Program (MOP) students.

The MOP students and Ford consulted with turtle biologist Dr. George Balazs, and made the decision to relocate the nest further up the beach to improve the baby turtles' chances for successful incubation, hatching and return to the sea. Before the eggs could be moved, the students determined the size of the nest that would be needed, and dug and measured a new hole.

They lined the new hole with the mucus saturated sand from the first nest, and moved the eggs, taking care not to rotate the eggs. Turtle embryos attach to their shells within 24 hours of laying, and if rotated, they will not survive.

The nest will continue to be monitored to hatching stage by MOP students, DOCARE and the state Division of Aquatic Resources. Hawaii County's department of Parks and Recreation has provided concrete pillars to protect the nest site from being run over by vehicles, and DOCARE has posted signs to warn the public to not disturb the nest.

All Hawaiian sea turtles, including the green, hawksbill, Kemp's ridley, leatherback, loggerhead and olive ridley, are considered endangered or threatened and are protected under state and federal endangered species laws.

"We're asking the public to show aloha for these rare Hawaiian turtles and to respect the laws established to protect them and give their populations a chance to be restored," said DOCARE officer Ford. "We're very concerned that the word go out and that the community help us to watch out for these turtle keiki. We will prosecute anyone disturbing the nest."

Under state law, the penalty for anyone convicted of harassing an endangered Hawaiian sea turtle, including disturbing its nest, can be fined between $250 and $2,000 or imprisoned for up to one year, or both. Other fines apply to the killing or removal of turtles.

Scientists Track Dwindling Pintail Ducks

An international team of waterfowl biologists and technicians from the U.S. Geological Survey (USGS), Ducks Unlimited, Inc. (DU), DU Canada and the California Waterfowl Association (CWA) is using satellite telemetry to determine migration routes and identify major resting areas of the migratory birds.

By piecing together what they learn from this study with additional studies using standard radio telemetry the scientists hope to learn if unknown factors are affecting this species' decline.

As recently as the 1970's, the U.S. Fish and Wildlife Service estimated a North American breeding population of five to seven million pintails in principal nesting areas. By 1991 and again in 2002, however, the pintail breeding population dipped to an all time low of 1.8 million.

A pintail duck with radio transmitter attached. (Photo courtesy Gary Zahm, USFWS)

Until the 1980's, said Fleskes, midwinter populations of pintails in California's Central Valley reflected the overall population trend. Since then, however, declines have been greater in the southern regions of the Central Valley than in northern areas. To understand this disproportionate decline, Fleskes with Dr. Dave Gilmer, also a USGS research biologist, and Dr. Robert Jarvis from Oregon State University, fit radio transmitters to the backs of 419 young and adult female pintails and followed them for three consecutive winters.

The three scientists found that neither contaminants nor disease, but a redistribution, accounted for the disproportionate declines in wintering pintails in the southern Central Valley.

"Over 80 percent of the tagged pintails shifted each midwinter from areas in the south having less abundant habitat for food and refuge, to locales in the Sacramento Valley more favorable for their survival," said Fleskes.

The change each winter in pintail distribution appears to be related to loss of suitable habitat, drought conditions and the lesser quality habitat of cotton farmed lands in the San Joaquin Valley, which lacked winter flooding, in contrast to the flooded rice lands of the Sacramento Valley, said Fleskes.

"The pintails we have tracked over the past three years by satellite migrate many hundreds of miles along the Pacific flyway to nesting destinations ranging from the prairies of southern Alberta and Saskatchewan to Alaska, and even Russia," said USGS wildlife biologist Michael Miller.

To learn more about pintail migration and the pintail satellite study, visit "Discovery for Recovery" at: http://www.werc.usgs.gov/pinsat/

Clean Air Advocates Honored in Los Angeles

The South Coast Air Quality Management District (AQMD) hosted its 14th Annual Clean Air Awards Ceremony on Wednesday to honor individuals, organizations, communities and businesses that have made important contributions to cleaner air in the area over the past year.

"This year's Clean Air Awards luncheon is an acknowledgement of how extraordinary things can happen when the average person makes decisions on behalf of the environment," said Norma Glover, chair of AQMD's Governing Board.

California Assembly majority floor leader Marco Antonio Firebaugh, a Democrat, was honored for his leadership in introducing legislation on health and transportation issues, and for promoting community based programs to help clean the air.

The Riverside Transit Agency board of directors was recognized for its decision to convert its entire fleet of diesel fueled buses to coaches powered by compressed natural gas (CNG), which produces lower emissions. A CNG bus can cost up to $50,000 more than a diesel powered model, and the agency has ordered 94 of the cleaner buses.

The first ever Robert M. Zweig, M.D. Memorial Award was presented in honor of the Riverside physician who, because of his first hand knowledge of the impact of air pollution on his patients, dedicated himself to eradicating smog and pursuing clean air alternatives to improve air quality. Pediatric and surgical specialist Dr. Dan Hays got the award for his efforts to educate policymakers and fellow southern California residents on the health effects of poor air quality, in particular on children.

Clean air crusader Angelo Logan was honored for his unpaid work as the head of East Yard Communities for Environmental Justice, a community group working to clean up the air in Commerce, California.

Transportation awards went to CALSTART, Bikestation Coalition, Flexcar for the City Wheels program that provides four types of zero emission vehicles for short trips around town, and the city of Anaheim and the Anaheim Transportation Network for The Anaheim Electric Transportation Program which replaces traditional vehicles with alternative fueled and electric vehicles for the use of Anaheim guests, residents and businesses.

The other honorees include Fortner Engineering & Manufacturing, Inc. and J.P. Turgeon & Sons, Inc., both small firms that have reduced their solvent use to help protect air quality; teacher Robert Franz from the Academy of Engineering Program at Los Altos High School, who includes air quality issues in his curriculum; and the city of West Covina, which has become a model for promoting comprehensive environmental and air quality programs.

Habitat Proposed for Three Island Species

The proposed habitat units include about 24,800 acres of native limestone forest areas in northern and southern Guam for all three species, and 6,084 acres on Rota for the Mariana crow.

"We recognize the recovery of these species will be a challenge," said Anne Badgley, Pacific regional director for the USFWS. "Scientists are making progress in identifying ways to control the brown treesnake, and if we can protect native habitat for these species, we believe it is possible that future generations may enjoy many native Mariana Island bird and bat species."

Under the terms of a court settlement, the USFWS will publish a final critical habitat designation for the three species by June 3, 2003. In April 2000, the Marianas Audubon Society and the Center for Biological Diversity filed a lawsuit against the agency for its 1994 withdrawal of a proposed rule that would have established critical habitat for six species on Guam.

The first proposal, published in 1991, was withdrawn because most of the lands within the proposed critical habitat units had been incorporated into the Guam National Wildlife Refuge and the USFWS argued that critical habitat would not provide any additional benefits to the species.

In reviewing its earlier decision, the USFWS has determined that critical habitat may provide some benefits for three of the six species. Since the other three species - the little Mariana fruit bat, Guam broadbill, and Guam subspecies of the bridled white-eye - are believed to be extinct, the agency determined that designating critical habitat for those three species is "not prudent."

Still to be released for public review is an economic analysis of the possible impacts that could occur if critical habitat is designated.

"Unlike in a proposed rule to place a species on the threatened and endangered species list, the Endangered Species Act allows us to consider the economic effects of critical habitat designation," Badgley explained. "A private consultant is currently developing the economic analysis for this proposal, and we expect it will be made available to the public within the next few weeks."

Critical habitat is determined after taking into consideration the economic impact it could cause as well as any other relevant impacts. The USFWS may exclude any area from critical habitat if the benefits of exclusion outweigh the benefits of inclusion, as long as the exclusion would not result in the extinction of the species.

The majority of lands are within Andersen Air Force Base, the Naval Magazine, and the Guam National Wildlife Refuge. Because these are federal lands, the agencies would need to consult with the USFWS if their activities could destroy or harm critical habitat.

Florida Kids Practice Water Sampling

The Pensacola students visited a floating classroom with Florida Department of Environmental Protection (DEP) Secretary David Struhs as part of a new educational component to Project GreenShores, a community based habitat restoration program.

Celebrating the 30th anniversary of the Clean Water Act and National Water Quality Monitoring Day, youth from the Pensacola Front Porch Community and YMCA after school program joined Struhs aboard the 65 foot American Star to sample water quality along the GreenShores manmade reef in Pensacola Bay.

"Collecting water quality data is the first important step towards managing Florida's water resources through a science based approach," said Struhs. "Volunteer involvement in these activities not only fosters environmental stewardship in communities, but also helps agencies identify and restore those waters in need of protection."

As part of today's educational event, state biologists introduced students to scientific water sampling techniques by measuring bay water for dissolved oxygen, temperature, pH, and salinity. Budding biologists also learned to analyze results, operate crab traps and identify marine life.

The Greenshores program also focused on the project's progress, the benefits of improved water quality and marsh habitats, the need for seagrass restoration and the importance of environmental conservation.

This year, DEP chose to highlight Pensacola's Project Greenshores as part of National Water Quality Monitoring Day because of the community's environmental leadership. Designed to protect seagrasses and plants from wave damage, the Project Greenshores reef serves as the foundation for almost three acres of oyster habitat along the Bayfront Parkway.

This model project aids marine habitat restoration efforts and, when complete, may be the world's largest continual manmade reef. With cash and in kind donations exceeding $1.7 million and more than $1 million in grant money, Project Greenshores is supported by DEP, the U.S. Environmental Protection Agency's Gulf of Mexico Program, the city of Pensacola, and Escambia County.

Personal Beacons Coming to a Hiker Near You

The Federal Communications Commission has approved a request by the National Oceanic and Atmospheric Administration (NOAA) for frequency access by personal emergency beacons to be used in the continental United States. This decision comes on the 20th anniversary of the global lifesaving satellite program Cospas-Sarsat, which has led to the rescue of more than 14,000 people worldwide since its inception in 1982.

The decision authorizes the use of personal locator beacons beginning July 1, 2003. The action follows a successful experimental program that permitted the use of the 406 MHz Personal Locator Beacons carried by hikers in Alaska.

A personal rescue beacon. (Photo courtesy NOAA)

"The goals and rewards of Cospas-Sarsat are the same - saving lives," said NOAA administrator Conrad Lautenbacher. "The system is exceptional in that it piggybacks the search and rescue instrumentation provided by Canada and France on NOAA's environmental satellites, and pulls together the search and rescue resources of the U.S. Coast Guard, Air Force, Navy and state and local units to save lives."

"People from countries around the world can reap the benefits this technology provides," Lautenbacher continued. "The ultimate objective is to eliminate search from the search and rescue operation."

Cospas-Sarsat is a search and rescue (SAR) system that uses United States and Russian satellites to detect and locate emergency beacons indicating distress. The beacon transmitters are carried by individuals or aboard aircraft and ships.

In the United States, the program is operated and funded by NOAA, the U.S. Coast Guard, the U.S. Air Force, and the National Aeronautics and Space Administration (NASA).

NOAA operates a series of polar-orbiting and geostationary environmental satellites that detect and locate aviators, mariners and land-based users in distress. These satellites, along with a network of ground stations and the U.S. Mission Control Center, are part of the Cospas-Sarsat program, whose mission is to relay distress signals to the international SAR community.

Sponsored first by Canada, France, Russia and the United States, and started during the Cold War, the system now includes 36 nations around the world. It operates 24 hours a day, 365 days a year and aims to reduce the time required to alert rescue authorities whenever a distress situation occurs.