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AmeriScan: September 24, 2004

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EPA Staff Directed Not to Answer Media

WASHINGTON, DC, September 24, 2004 (ENS) - The U.S. Environmental Protection Agency has directed its staff to “refrain from answering” inquiries from the news media in order to “prevent EPA management from being surprised by news coverage.”

In an official agency memo, all staff are directed to send media to the EPA Office of Public Affairs press team. The memo was released Thursday by the national alliance of local state and federal resource professionals Public Employees for Environmental Responsibility (PEER),

Earlier this month, Bharat Marthur, the top EPA official for the six-state Mid-western region - Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin - issued a memo to the regional staff entitled “Working with the Press.”

The memo orders EPA staff not to communicate directly with members of the media whether they request written information or an interview.

"On a case-by-case basis, some employees may be authorized to work directly with the media," Marthur writes. "For instance, on-scene coordinators, remedial project managers and community involvement staff are sometimes approached by the media while in the field. They are authorized, in these situations, to speak directly to the press about their sites without prior approval, but should report their conversation to Public Affairs after the fact."

Similarly, in EPA’s Rocky Mountain region - Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming - "Inside EPA" reports that employees have been directed not to answer any “potentially political inquiry” from the media.

The new policy parallels that of numerous private corporations, which refer all media inquiries to a comany public affairs office. But the EPA is a government office, paid by the American taxpayers, to do business on their behalf.

The new EPA non-disclosure policy overrules previous practice of allowing agency scientists or other specialists to answer questions that fall within their recognized expertise, according to PEER Executive Director attorney Jeff Ruch.

PEER is challenging Bush administration non-disclosure policies for federal workers.

Ruch says the new policy "appears to violate Congressionally enacted bans on agencies imposing any 'nondisclosure policy, form, or agreement' on its employees without explicitly informing employees about their rights to reveal matters covered by statutes such as the Whistleblower Protection Act.

“The ultimate sin in the Bush administration is going off message, especially when that discordant note is authoritatively accurate,” said Ruch.

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Petroleum Reserve Opened to Ease Hurricane Fuel Shortages

WASHINGTON, DC, September 24, 2004 (ENS) - To help relieve shortages of crude oil supplies in the Gulf of Mexico following the three recent hurricanes, the Department of Energy intends to borrow from the Strategic Petroleum Reserve (SPR), Energy Secretary Spencer Abraham said Thursday.

Negotiations will take place for crude oil to be loaned to refineries under short-term contractual agreements from the SPR, and to be returned to the reserve once supply conditions return to normal.

Similar to the October, 2002 response to Hurricane Lili, these negotiations are being conducted following specific requests from refineries that have been affected by recent hurricanes.

"I have authorized these negotiations in response to the physical disruption of offshore oil production and imports in the Gulf Region caused by Hurricane Ivan's destruction," Abraham said.

The energy secretary is reponding to appeals from sectors of the economy struggling with the fuel shortages and resulting high prices such as the trucking industry.

In a letter to the energy secretary on Thursday, American Trucking Associations President Bill Graves said average nationwide diesel prices of $1.91, the highest on record, could have a "devastating effect" on the trucking industry.

"I wrote you earlier this year asking you to reduce the fill rate of the Strategic Petroleum Reserve. I now ask, in light of the oil supply disturbance along the Gulf Coast due to the devastating effects of the recent hurricanes, that you consider loaning U.S. refineries much-needed crude oil from the SPR," wrote Graves.

Diesel fuel is the second highest operating expense after labor for a trucking company, Graves explained. "The motor carrier industry consumes close to 34 billion gallons of diesel fuel every year, so an increase of just one penny annualized over a year would cost $340 million. This industry is on a recovery path, which is a great indication that the economy is on solid footing, but surging energy costs could easily act as a roadblock."

Abraham responded by approving loan negotiations to release oil from the reserve. “As this administration has stated consistently," he said, "the SPR was designed to protect American consumers against supply disruptions, including natural disasters."

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New York Adopts 25% Renewable Energy Standard

SYRACUSE, New York, September 24, 2004 (ENS) - The New York State Public Service Commission Tuesday adopted a requirement that 25 percent of the state's electricity come from renewable resources by 2013. The renewable energy requirement is known as a renewable portfolio standard or RPS.

"The development and use of more renewable energy resources has been a long-standing policy objective of New York State, and Governor Pataki strengthened that commitment when he proposed the 25 percent goal in his 2003 State of the State address," said Commission Chairman William Flynn said.

"Not only will it help us meet our growing demand for electricity," said Flynn, "but it also will provide additional benefits by increasing fuel diversity for our state's generation portfolio, reducing our exposure to fossil fuel price spikes and supply interruptions, increasing economic development activity from a growing renewable energy industry, and improving our environment."

To meet the 25 percent target, New York state will need to add approximately 3,700 megawatts of renewable resource generation capacity.

The decision defines renewable energy as wind, fuel cell, solar, biomass, landfill gas, and tidal power. The Commission excluded power from waste incineration facilities because of threats to public health and the environment from incineration emissions.

"We're pleased that the governor and the Public Service Commission Chairman William Flynn had the courage to stand up to the powerful incineration lobby. They based their decision to exclude incineration on strong science and protecting the public health of New Yorkers," said Katherine Kennedy, senior attorney with the Natural Resources Defense Council (NRDC), which led the effort to adopt the renewable portfolio standard in New York.

The Commission said that it will look to voluntary retail "green marketing" programs to seek to provide one percent of the renewable energy standard.

Many customers can expect reductions on their electricity bills over the life of the RPS program.

Cost impacts range from a reduction of 0.9 percent to an increase of 1.68 percent for residential customers. For commercial customers, estimated bill impacts range from a 0.78 percent reduction to a 1.79 percent increase; and for industrial consumers, bill impacts could range from a reduction of 1.54 percent to an increase of 2.2 percent, the Commission said.

Wholesale energy prices will "likely decline as a result of adding substantial amounts of renewable resources," the Commission said, because the renewables will offset some of the program costs.

The cumulative cost of premium payments, projected to range between $582 million and $762 million for renewable projects, is expected to be offset by approximately $362 million in wholesale energy cost reductions as New York reduces its reliance upon fossil fuels, the Commission estimates.

By 2013, the RPS program is forecast to reduce statewide air emissions of the smog component nitrogen oxide by 6.8 percent, the acid rain component sulfur dioxide by 5.9 percent, and the greenhouse gas carbon dioxide by 7.7 percent. Most of the emission reductions are expected in New York City and Long Island.

"Renewable energy is a wise investment for New York," said Nathanael Greene, an NRDC senior economist. "In contrast to dirty, outdated fossil fuel-burning power plants, the renewable portfolio standard will create local jobs, stabilize electricity and natural gas prices, and help New Yorkers avoid spending our hard earned cash on imported fossil fuels."

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Appliance Efficiency Standards Delay Wastes Electricity

WASHINGTON, DC , September 24, 2004 (ENS) - For each year the U.S. Department of Energy (DOE) delays three new appliance efficiency standards, the United States wastes enough electricity to power about 330,000 typical homes and natural gas to heat about 170,000 homes, a new assessment finds.

The agency will hold public hearings on new efficiency standards for residential furnaces and boilers, commercial air conditioners, and distribution transformers next week and accept public comment through November. DOE issued the proposals in August.

But the Appliance Standards Awareness Project (ASAP) and the American Council for an Energy-Efficient Economy (ACEEE) say the proposals for these standards are years behind their legal schedule.

"Across two administrations, DOE has missed one legal deadline after another for reviewing and upgrading efficiency standards - it's been a bipartisan failure," said ASAP Executive Director Andrew deLaski, a principal author of the report.

Each year of delay increases annual energy use by 3.3 million megawatt hours and natural gas consumption by 11 billion cubic feet, the analysts found.

"Enormous energy savings are at stake," said ACEEE Executive Director Steven Nadel, another principal author of the report. "Strong standards for these three products could slash U.S. electricity demand by about 22,000 megawatts, eliminating the need for as many as 70 new power plants in the years ahead."

DOE named development of new standards for residential furnaces and boilers, commercial air conditioners, and distribution transformers its "high priorities" in 2001. Since then, the agency has repeatedly missed self-imposed deadlines for advancing new standards.

Under departmental procedures, following the "high priority" designation, initial proposals should have been out by late 2002 and final new standards this fall.

According to deLaski, even this was "woefully slow" since the standards for furnaces and transformers were legally due in 1994 and 1996, respectively.

In addition to being behind on the current rulemakings, DOE has missed legal deadlines for another dozen products, the report claims.

The report on appliance efficiency standards includes state-by-state estimates of the impact such new standards would have on energy use, energy bills, and the environment. The report can be downloaded at: www.standardsASAP.org.

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California Bans Cruise Ship Dumping, Trash Burning

SACRAMENTO, California, September 24, 2004 (ENS) - California Governor Arnold Schwarzenegger Thursday signed two bills ending cruise ship dumping of dirty water and burning of garbage along the California coast out to the state’s three mile boundary.

The two bills, sponsored by the environmental group Bluewater Network, are the first state laws in the United States to ban cruise ship graywater discharges and on-board incineration. Neither is regulated under federal law.

However, a third bill banning sewage dumping is still unsigned.

All three bills were passed by California lawmakers by a wide margin and named priority bills by environmentalists statewide. The cruise industry and some ports including San Diego opposed the treated sewage dumping ban, but not the other bills.

“We have stopped the dumping of filthy water and ended toxic burning along our coast, and we urge the governor to ban sewage dumping, too,” said Teri Shore of Bluewater Network.

“Cruise ships have huge holding tanks and don’t need to dump sewage into coastal waters. Vetoing the bill would be a blow to coastal protection,” Shore said.

Cruise ship calls to California are up by 50 percent during the past two years without any new protections from increased air and water pollution. About 45 ships are scheduled to make more than 600 calls on state ports in 2004.

Cruise ships are like floating cities that carry as many as 5,000 passengers and crew. On a typical one-week voyage, Bluewater Network says, each ship generates more than 200,000 gallons of sewage and one million gallons of graywater from sinks, showers and kitchens.

All of it ends up in the ocean, some treated, some not. Federal laws now allow dumping in state waters.

Environmental groups will continue to lobby for the sewage dumping ban, and there is evidence that cruise ship travelers support such a ban.

A public opinion poll commissioned by the oceans advocacy group Oceana in March showed that six out of 10 cruise customers are willing to pay a premium to be reassured that raw sewage is never dumped from cruise liners into the ocean.

More than 90 percent of this group of cruisers said that they would be willing to pay a premium of more than $25.00, if it meant that cruise lines had adopted sound environmental policies that would help keep the oceans clean. Oceana's analysis suggests that $25.00 per passenger would be more than enough to cover fleet-wide upgrades to new waste treatment technology.

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25 Million Acre Sierra Nevada Conservancy Established

SACRAMENTO, California, September 24, 2004 (ENS) - The Sierra Nevada Conservancy to protect 25 million acres from the Oregon border to Kern County was established Thursday with the stroke of a pen in the hand of California Governor Arnold Schwarzenegger.

A conservancy is an independent organization within the California Resources Agency that works to coordinate funding and policy goals for a specified area.

California's largest conservancy, the Sierra Nevada will provide grants to local governments for environmental protection, resource conservation, recreational opportunities and economic growth.

"The 25 million acres within this Conservancy are a gift to the people of California," said Schwarzenegger. "With this bill, we issue our declaration that our children and grandchildren will see and enjoy the same Sierra Nevada that we value so much today."

The Sierra Nevada Conservancy will work in partnership with local, state, and federal government agencies, as well as local landowners and non-profit organizations to acquire and direct resources to address watershed restoration and protection, sanitation system enhancement, habitat conservation, wildfire management and recreation in the Sierra Nevada region.

"A perfect balance has been struck with the establishment of the Sierra Nevada Conservancy between resource conservation and economic benefit," said California Resources Agency Secretary Mike Chrisman.

"People living within the borders of the Sierra Nevada Conservancy will be able to protect the environment in which they live while influencing the prosperous future of their communities," Chrisman said.

The community foundation for the environment Sierra Fund partnered with the Mono Lake Committee and the Sierra Nevada Alliance in sponsoring the legislation to create a Sierra Nevada Conservancy.

The Sierra Nevada is the longest unbroken mountain range in the lower 48 states. More than 65 percent of California's bird and mammal species and at least 50 percent of the state's reptile and amphibian species live within the Conservancy's boundaries.

As California's principal watershed, the region produces 65 percent of the state's water supply for residential and agricultural uses. Between 33 and 50 percent of the state's annual timber supply comes from within the conservancy's borders.

The Sierra Nevada Conservancy covers the counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba.

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Lawsuit Alleges DC Suburbs Fouled by Dysfunctional Sewers

WASHINGTON, DC, September 24, 2004 (ENS) - The Washington Suburban Sanitary Commission (WSSC) is illegally allowing sewers to overflow into Maryland streams and rivers, polluting the Anacostia River and its tributaries and endangering area residents' health, according to a lawsuit filed Wednesday by four conservation groups.

The Natural Resources Defense Council (NRDC), the Anacostia Watershed Society (AWS), the Audubon Naturalist Society and Friends of Sligo Creek are suing to force the Commission to overhaul its sewer collection and pipeline system and establish procedures to monitor and prevent overflows.

One of the 10 largest water utilities in the nation, WSSC serves 1.6 million people in Montgomery and Prince George's counties. But the Commission management is in turmoil. In August, General Manager John Griffin and Deputy General Manager Michael Errico resigned, and on September 17 General Counsel Ben Bialek resigned.

WSSC's own reports to Maryland's Department of the Environment show that from January 2001 through July of this year, WSSC's sewer system experienced 445 overflows that dumped more than 91 million gallons of raw sewage into streams and rivers in Montgomery and Prince George's counties.

Discharges of raw sewage are illegal under the Clean Water Act.

Nancy Stoner, director of the NRDC's Clean Water Project, says there were likely many more than 445 sewer overflows since the Commission does not have a system in place to monitor pipe breaks or sewer overflows, and has to rely on area residents to report them.

WSSC's system includes about 640 pipe stream crossings and hundreds of miles of sewer pipes that run beside Maryland rivers and streams. The sewer pipes are more than 50 years old, and many are broken, decaying and exposed, the lawsuit charges.

The AWS has been documenting WSSC sewer system problems for several years, and estimates that there are hundreds of miles of broken and separated pipeline that may be leaking sewage into Maryland's water table.

AWS has sampling data from several points along the Anacostia River in Washington and Prince George's County that suggests that sewage from WSSC's system is responsible for contaminating the Anacostia River.

"We found higher concentrations of fecal coliform in the northern part of the Anacostia River by Bladensburg, Maryland, than downstream where the District of Columbia discharges sewage from its combined sewer system," said AWS President Robert Boone.

"We conducted DNA testing on the fecal coliform and found that 14 percent of it was due to human waste," said Boone. "If the WSSC sewer system were working properly and in compliance with federal law, then there would be little or no human fecal coliform in the water."

A popular creek in Silver Spring, Sligo Creek, is one of the many waterways in the WSSC service area that are tainted by sewage overflows.

"Families and their pets like to come down to Sligo Creek on the weekends, and we are concerned about their health," said Ann Hoffnar, co-president of Friends of Sligo Creek. "WSSC has a $466 million annual budget, so why can't it keep our waterways free of sewage?"

Neal Fitzpatrick, executive director of the Audubon Naturalist Society said, "Without a comprehensive approach to this problem, the number of sewage discharges will only increase as development spreads in the Maryland suburbs."

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Dry Cleaning Sites Added to Superfund List

WASHINGTON, DC, September 24, 2004 (ENS) - The sites of dry cleaning operations in New Jersey and West Virginia are the two newest additions to the Superfund List of the nation's most hazardous waste sites, the U.S. Environmental Protection Agency (EPA) announced Thursday.

The EPA says its selection of these sites was based on their risk to human health and the environment, the need for urgent response, maintenance of a strong enforcement program, as well as program management and resource considerations.

The two final sites are the White Swan Cleaners/Sun Cleaners Area Ground Water Plume site, in Wall Township, New Jersey; and the Ravenswood PCE Ground Water Plume site in Ravenswood, West Virginia.

Contamination of private drinking water wells near the White Swan Cleaners/Sun Cleaners site came to the attention of county officials in 1997 when tests showed high levels of tetrachloroethylene (PCE), a cleaning chemical, in area soil and groundwater.

In 1999, the New Jersey Department of Environmental Protection initiated a ground water investigation in the area in an effort to identify responsible parties for the PCE ground water contamination.

As a result of this investigation, White Swan Laundry and Cleaners and Sun Cleaners were identified as possible sources of the ground water contamination. Site inspections conducted by the state agency confirmed that a release of PCE had occurred at each of the operations.

The chemical was also found in samples collected in 1999 and 2000 from a municipal well operated by the Borough of Sea Girt, which served about 1,170 people at the time of the initial release of the PCE.

Drinking water within the site’s four-mile radius is obtained from public supply wells and private wells screened in the Kirkwood-Cohansey Aquifer System, which is the aquifer of concern.

Other areas of environmental concern include indoor air quality of nearby homes and commercial facilities, and contaminated ground water discharges to nearby surface water bodies.

In Ravenswood, West Virginia, urbanized, residential, and commercial areas are in the immediate area of the contaminated plume of groundwater.

There are three former dry cleaning facilities, a former trash dump, metal scrap heap, the site of a former electrical power plant, a former waste dump and a former hospital in the vicinity of the plume.

Three of the town’s five municipal drinking water wells have shown high levels of PCE contamination, up to 15 times the EPA's legally allowable limit.

A new database of dry cleaners and gas stations is now available to the public. Environmental Data Resources Inc., a national provider of environmental risk management data, has developed the new proprietary database from data found in historical city directories.

The database contains information on over 100,000 former gas stations and dry cleaners. Due to the nature of these businesses, the sites have a high likelihood of soil and groundwater contamination. http://www.edrnet.com

With the final rule adding two sites, there are now 1,244 final sites on the Superfund List - 1086 non-federal sites and 158 federal facilities. Final and proposed sites now total 1,312. For Federal Register notices and supporting documents for these proposed sites, go to: http://www.epa.gov/superfund/sites/npl/current.htm .

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