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States Lining Up to Sue Bush EPA Over CO2 SACRAMENTO, California, October 6, 2003 (ENS) - California Governor Gray Davis announced Friday that California will go to federal court to challenge the Bush administration's recent decision that greenhouse gases - in particular carbon dioxide - can not be regulated as pollutants under the Clean Air Act. Davis said state officials will file the suit in November in order to give other states the opportunity to sign on. As many as nine other states have indicated they will join the suit.The legal challenge will ask the U.S. Court of Appeals for the D.C. Circuit to set aside the Bush administration's decision and to ensure that the U.S. Environmental Protection Agency (EPA) does not interfere with the ability of U.S. states to fight global warming. "The U.S. EPA may call in sick when it comes to protecting human health and the environment, but it can not prevent the states from protecting their own residents," Davis said. "This issue is vital to the future of our state." California state attorneys will argue that the EPA acted arbitrarily and capriciously when deciding that it would not regulate these pollutants. They say the EPA is preventing the states from stepping into the void created by its own inaction. The lawsuit will be filed by November 7, 2003, to allow for effective coordination with other states that will challenge the US EPA's decision to require inaction. The EPA decision came on August 28, 2003 in response to a petition by environmental groups that called on the agency to regulate greenhouse gas emissions from motor vehicles under the Clean Air Act. Bush administration officials say that without clear legal authority from Congress, the EPA is prohibited from taking any regulatory action to address climate change. Some state officials and many environmentalists say the statute is flexible enough to allow CO2 regulations and criticize the administration for doing little to address climate change.
Senators Shift Senate Climate Change Strategy WASHINGTON, DC, October 6, 2003 (ENS) - Senators John McCain and Joe Lieberman have modified their legislation to regulate emissions of carbon dioxide (CO2) in the hope of gaining more support for the bill.The revised bill still requires the industrial, utility, commercial and transportation sectors of the U.S. Economy to reduce emissions of C02 down to 2000 levels by 2010. But it no longer requires a further reduction to 1990 levels by 2016. "By modifying the bill, we expect to build additional momentum for the measure in the Senate," said McCain, an Arizona Republican. He announced the revisions at a hearing on the bill held last week by the Senate Committee on Commerce, Science and Transportation. The bill, known as the "Climate Stewardship Act of 2003" proposes to reach the C02 reductions through an emissions trading system. The sectors affected account for 80 percent of U.S. greenhouse gas emissions - the United States accounts for more than a quarter of the world's greenhouse gas emissions. The odds remain stacked against the bill's passage - many in the Senate believe the economic impacts of mandatory C02 cuts are not outweighed by the environmental concerns of global warming. The costs of the revised plan are estimated at between $10 and $20 per household in 2010. Environmentalists - and McCain - note that having a vote on the issue will be an important political landmark. McCain and Lieberman, a Connecticut Democrat, insisted on and secured an agreement for a vote on the bill in exchange for support in July for support of the Senate energy bill. It is a vote "that must take place in order for constituents to know where their Senator stands on one of the most important environmental issues of our time," said McCain. The vote will be the "litmus test" for senators on global warming," said Fred Krupp, president of Environmental Defense president. "More than 150,000 people have signed on as citizen co sponsors of the Climate Stewardship Act," Krupp added. "For too long our leaders have denied any responsibility to find solutions - all Americans have a right to know where their Senators stand on the issue."
EPA Reaches $1 Million Clean Air Settlement With Telco Firm WASHINGTON, D.C. October 6, 2003 (ENS) - The Department of Justice and the Environmental Protection Agency have announced a $1 million settlement with ALLTEL Corporation over claims the telecommunications company violated three major environmental laws The government alleges that ALLTEL violated the Clean Air Act, Clean Water Act and/or the Emergency Planning and Community Right Act (EPCRA) at 205 of its facilities in 18 states..ALLTEL provides wireless, local telephone, long distance, Internet and high speed data services to residential and business customers in 26 states. Under the settlement filed in the U.S. District Court in Little Rock. the company has agreed to complete environmental compliance audits at more than 7,500 facilities and will pay a $1,058,000 civil penalty. In one charge, the government said the firm applied late or failed to obtain permits to construct or install standby generators at 105 facilities in two states as required by Clean Air Act state implementation plans. ALLTELL was alleged to have failed not filed spill control and prevention plans as required by the Clean Water Act at 45 facilities in 13 states. A third charge came from government claims the company either failed to submit or submitted late reports to states informing them of the presence of sulfuric acid and/or diesel fuel, as required by EPCRA, at 56 facilities in 14 states. The settlement follows EPA's compliance incentive effort under its Audit Policy, which seeks to ensure compliance with environmental laws by the telecommunications industry. The agency says since its first Audit Policy settlement with a telecommunications company in 1998, more than 25 telecommunications businesses have disclosed violations of the Clean Water Act, Clean Air Act, EPCRA, and the Resource Conservation and Recovery Act. Unlike many of its competitors, ALLTEL failed to self disclose its violations under the policy and therefore received a larger penalty, according to the EPA. "Given the importance of this type of initiative in ensuring compliance and providing a level playing field to those companies who elect to participate, we feel it incumbent to pursue those companies who fail to comply," said John Peter Suarez, the assistant administrator for EPA's Office of Enforcement and Compliance Assurance. The proposed settlement will be published in the Federal Register for 30 days for public comment, and must be approved by the court.
Bipartisan Senate Bill Targets Storm Water Runoff WASHINGTON, DC, October 6, 2003 (ENS) - Bipartisan legislation introduced in the Senate Friday would permanently enable states to continue to use federal funds to help fund storm water runoff control programs. Control of storm water runoff - a major contributor to water pollution - is mandated by the Clean Water Act.The bill seeks to address conflicting views of how states are allowed to spend funds given to them by the federal government through section 319 of the Clean Water Act - this section funds activities to contain nonpoint source pollution. Sponsors say storm water discharges have historically been treated as nonpoint sources, but the U.S. Environmental Protection Agency does not agree. The agency's new Phase II Storm Water rule, which went into effect in March 2003 regulates storm water, treats storm water discharges as if they were point sources under the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) program. The rule requires most communities to obtain NPDES permits for municipal separate storm sewer systems, and construction sites between one and five acres. The EPA has said Section 319 funding may not be used for the Phase II rule, but the sponsors of the legislation contend the law appears silent on the eligibility - something they intend to change. The legislation provides maximum flexibility for states to use Section 319 funds for storm water problems. "The Phase II Storm Water Program is an important step toward protecting our nation's waters from storm water discharges, and moves toward an integrated approach for preventing, controlling and reducing pollution entering our waters," said Rhode Island Republican Senator Lincoln Chafee, one of the bill's sponsors. The bill will give states and municipalities "critical flexibility" as they wrestle with the costs of coming into compliance with the new rule, Chafee said. The legislation has been introduced in response to request from state environmental agencies and water pollution control commissioners, according to the sponsors. "Storm water runoff is one area where we can make an immediate difference in the amount of pollution reaching our waters with an investment in best management practices and control techniques," said Senator James Jeffords, a Vermont Independent. "We need to make more resources available to communities working hard to reduce the impact of storm water runoff on water quality." Senator Kit Bond, a Missouri Republican, is the third sponsor of the bill.
Energy Department Rolls Out Ultra Clean Fuels Facility WASHINGTON, DC, October 6, 2003 (ENS) - The Energy Department dedicated a new facility last week that officials say will pioneer a new generation of ultra clean transportation fuels to significantly reduce tailpipe emissions from cars, trucks and buses. The natural gas to liquids demonstration facility, located in Tulsa, Oklahoma, was designed and constructed by the Energy Department's Ultra Clean Fuels Program.The $40 million facility is scheduled to begin production in early November and is expected to produce some 4,000 gallons of high performance, sulfur free, environmentally friendly transportation fuel per day from one million cubic feet of natural gas. Fuel from the facility will be tested in bus fleets operated by the Washington, D.C., Metropolitan Area Transit Authority and the National Park Service in Denali, Alaska. "This is a perfect illustration of how government and industry can work together to develop new technologies to meet the nation's environmental objectives," said Energy Department Secretary Spencer Abraham. "As the nation's automakers and fuel suppliers face tighter diesel emission standards in the next few years, the Energy Department is putting federal research dollars to work towards the goal of cleaner air." The plant was built under a cooperative agreement by the Energy Department, Syntroleum Corporation, Marathon Oil Company and Integrated Concepts Research Corp (ICRC). The Energy Department provided $16 million for the facility, which will utilize a proprietary process to convert natural gas to synthetic diesel. Officials touted the timeliness of the facility - diesel engine manufacturers and fuel supplies are soon to be challenged with meeting a new set of tighter emissions standards. Upon full implementation in 2010, the new stricter standards for diesel fuel and engines is expected to reduce harmful diesel emissions by up to 95 percent. California Drives Forward With Energy Efficient Vehicle Laws SACRAMENTO, California, October 6, 2003 (ENS) - California has enacted a pair of laws designed to push forward its efforts to put cleaner, more fuel efficient cars on the road.Signed last week by California Governor Gray Davis, the bills promote the use of energy efficient tires and require state agencies to purchase fuel-efficient vehicles. Environmentalists hailed passage of the measures, which they believe will help clean the air and reduce the state's oil dependence. "California is pushing the pedal to the metal," said Roland Hwang, a senior policy analyst and vehicle technology specialist with the Natural Resources Defense Council. "We are winning the race to put advanced vehicle technologies on the road." California is the first state to adopt a law requiring energy efficient tires. The law mandates labeling and fuel efficiency standards for all replacement Supporters say carmakers are mandated to install low rolling resistance tires on new vehicles to meet fuel economy standards, but it is difficult for consumer to know if replacement tires meet the same standards. Manufacturers are not required to label or market the energy efficiency of tires. The deadline for the state to adopt labeling and standards requirements is July 1, 2007, to take effect a year later. The law does not require labeling of individual tires, but rather retail stores will have to display placards with the tire efficiency label. According to a study commissioned by the California Energy Commission, efficient tires could save Californians about 300 million gallons of gasoline per year, and the average driver would recoup the additional expense of tires in fuel savings over the course of one year. The second law improves the fuel efficiency of the state's vehicle fleet by restricting the purchase or lease of SUVs by state agencies. Vehicles needed for law enforcement, emergency services or homeland security would be exempted. The Davis administration also announced that it is seeking approval for hybrid vehicles to use the High Occupancy Vehicle lanes on freeways. Environmentalists say this measure could provide a powerful incentive for consumers to buy gasoline electric hybrids.
Feds, Michigan to Study Bird Strikes at Communication Towers WASHINGTON, DC, October 6, 2003 (ENS) - The U.S. Fish and Wildlife and Service has signed a Memorandum of Understanding with Michigan's Department of Information Technology and the Michigan State Police to study bird strikes at communication towers.The study is intended to assess the effects of lighting, height, and guy wires on avian collisions at selected towers in the 350 to 500 foot height range in the State Police System. It is designed to help identify reasonable and cost effective measures that might be available to minimize impacts of the towers on migratory birds. Migratory birds may be confused in low visibility and fly into towers and guy wires and federal biologists estimate as many as four million birds are killed each year through collisions with towers. The Michigan study will be reported to the federal Communication Tower Working Group, which consists of government agencies, industry, academic researchers and nongovernmental organizations. The working group was formed in 1999 to develop and implement a research protocol to determine the best ways to construct and operate towers to prevent bird strikes. The issue is being viewed against a back drop of increasing communications tower construction, which has been growing in the United States at an estimated six percent to eight percent annually. According to the Federal Communication Commission's 2000 Antenna Structure Registry, the number of lighted towers greater than 199 feet above ground level is currently more than 45,000, and the total number of towers exceeds 74,000. The Fish and Wildlife Service says the variety of types and heights of towers within the Michigan system provides conditions that are conducive to measuring the effects of these variables on migratory birds.
Scientists Hone in on Modifying Crop Height WEST LAFAYETTE, Indiana, October 6, 2003 (ENS) - A team of Purdue University researchers has uncovered the genetic mechanism that prevents certain crop plants from growing tall. The researchers say the finding has future crop production applications because some grains produce greater yields if plants are kept short."Dwarf plants put more of their energy into producing grains, instead of growing tall," said study coauthor Guri Johal, assistant professor of botany and plant pathology. Johal explains that this means farmers can apply fertilizers to crops with the intent of increasing yield without the worry that plants will grow so tall they topple over from wind, rain or even their own weight. Increased yields of dwarf varieties of wheat, introduced throughout India, Pakistan, and Southeast Asia during the 1960s, prevented massive food shortages in those regions, he said. Johal and his colleagues have identified the process that generates dwarfed corn and sorghum plants, which grow to roughly half the height of their normal counterparts. Their findings were reported in Friday's issue of journal "Science." In the study, they also have revealed the genetic process behind an unstable variety of sorghum frequently used in commercial production. Dwarf forms of crops, including wheat, rice and sorghum, are of significant agronomic importance, Johal said. Johal and his colleagues found that loss of a gene product called a p-glycoprotein generates the dwarf corn and sorghum plants by interfering with the movement of an essential hormone in plant growth and development. They also have identified the genetic mechanism that causes dwarf sorghum plants to spontaneously revert to a taller form. "This study has been a perfect match between genetics and physiology," Johal said. "Geneticists have known about this mutation for years, but without this collaboration, we would not have been able to reveal the physiological changes that cause it. Our combined areas of research complement one another very well." The research was supported by start up funds made available to Johal by Purdue University and a National Science Foundation grant awarded to study collaborator Angus Murphy, assistant professor of horticulture at Perdue. |
