The BEAT News

January 19, 2011

In the News

CALENDAR OF EVENTS
Environmental Monitor
Public Notices Alphabetically by town
The BEAT News Archives

Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire
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EPA Housatonic Citizens Coordinating Council (CCC) meeting

The EPA Housatonic Citizens Coordinating Council (CCC) meeting will be held:
Wednesday, January 26, 2011
Lenox Town Hall Auditorium
6 Walker Street
Lenox, MA
5:30 –7:30 pm

AGENDA

5:30 Introductions, Agenda Review, September Meeting Summary Approval
 
5:45 Update on Remediation Projects in Pittsfield
        • East Street Area 2-South
        • Silver Lake

6:00 Rest of River Status and Process Going Forward
  
6:15 Proposed Consent Decree Modification for Silver Lake Bank Plantings

6:30 Update on Documents in the Berkshire Athenaeum Public Repository

6:45 Brattlebrook Park

7:00 General Updates from CCC Members

7:15 Planning for Future CCC meetings

7:30 Public Comment Period

7:40 Adjourn

 If you have questions about the meeting, please contact Kate Harvey (kharvey@cbuilding.org or 617-844-1136).
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Plant Conservation Volunteers
from the New England Wildflower Society

The Conservation Department is well on its way in planning for the 2011 field season. Having lined up the rare PCV patchplant populations to be monitored this year. The first events are the Spring Refresher Days for the Plant Conservation Volunteers. This is an annual event in each of the New England states where new PCVs are trained and veterans pick up a few tips about field forms, computers, and the characteristics of a challenging genus of plants. This is also a great opportunity to meet other PCVs, hear stories from the field, and sign up for surveys with new friends. It's the perfect way to kick off the field season and bring all those plant names back to the front burner.

If you're interested in becoming a PCV, please contact John Burns, PCV Program Administrator, before February 15, at 508-877-7630 ext. 3204 or click here for the application.
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Rensselaer Land Trust Protects 30 Acre Robert Ingalls Preserve in Stephentown

RLT has permanently protected a 30-acre property in Stephentown, and will open it to the public for fishing, hiking, snowshoeing, cross country skiing, birding, and environmental education as the Robert Ingalls Preserve. We are naming the property in memory of Robert Ingalls, RLT Vice-President and long-time Board member, who passed away in November 2010. Black Brook, a native brook trout spawning stream, flows through a scenic ravine on the forested preserve. We plan to improve a parking area, lay out formal trails, and install a kiosk and interpretive trail signs. RLT will offer a guided snowshoe hike/ski at the Preserve in February – see details below/website.

The opportunity to protect this property, located at the intersection of Horse Heaven and Garfield Roads, was brought to our attention by member and community resident Steve Pentak. We then negotiated a donation of the property, and costs associated with closing and cleanup are being donated by our members and the local community.“The successful protection of the Robert Ingalls Preserve is the result of the former landowner, community residents, and RLT working together. Establishment of the Robert Ingalls Preserve offers the public additional access to open space and additional opportunities for outdoor activities,” said Nick Conrad, RLT President. more
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LEADERSHIP & STAFF CHANGES AT ENVIRONMENTAL AGENCIES
--From ELM Bulletins and The Boston Globe

JACK MURRAY NEW ACTING COMMISSIONER OF DCR
Rick Sullivan, Executive Office of Energy and Environmental Affairs Secretary, has appointed Jack Murray as Acting Commissioner of the Department of Conservation and Recreation effective.  Murray has served as Deputy Commissioner of Operations during the past three and a half years.

KENNETH KIMMELL APPOINTED AS DEP COMMISSIONER
Secretary Sullivan also announced the appointment of EEA General Counsel Kenneth Kimmell of Newton as Commissioner of the Department of Environmental Protection (MassDEP).  Kimmell will succeed MassDEP Commissioner Laurie Burt, who is stepping down after more than three years of service.
Read more of this press release here.

NEW MEMBERS OF ENERGY TEAM
Secretary Sullivan also announced the appointment of four members of the EEA Energy leadership team: Philip Giudice as Undersecretary for Energy; Steven Clarke as Assistant Secretary for Renewable Energy; Frank Gorke as Assistant Secretary for Energy Efficiency; and Mark Sylvia as Commissioner of the Department of Energy Resources (DOER).
Read more of this press release here.

STAFF CHANGES AT EEA AND DEP
 Faye Boardman was appointed as Chief of Staff at the Department of Environmental Protection. For the past two years, Ms. Boardman worked as EEA's Legislative Director and served as EEA's ambassador in interactions with elected officials, stakeholder groups, and members of the public. She previously worked as a Legislative Aide and as Fiscal Policy Manager for the Senate Committee on Ways and Means.

Gary Davis was appointed General Counsel for EEA replacing Ken Kimmell. Mr. Davis previously served as General Counsel at the Department of Conservation and Recreation.

Patricia Vantine was appointed the new EEA Chief of Staff. Formerly Deputy Commissioner for Administration and Finance at DCR, Ms. Vantine fills a vacancy left by former EEA Chief of Staff Jane Corr, who is now serving as Senior Advisor to Governor Patrick.
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PRESIDENT'S SIGNATURE EXTENDS INCENTIVE THROUGH 2011
--From Land Trust Alliance

President Obama signed a bill officially extending the enhanced easement incentive through December 31, 2011 and retroactive to January 1, 2010.  Find complete details of what was extended at www.lta.org/easementincentive and www.lta.org/incentive-faqs

With just 54 weeks before the incentive is slated to expire again, we need your help spreading the news to potential easement donors in your land trust's priority areas.  We've updated the Grassroots Toolkit to help you reach out to key audiences in a timely, cost-effective way. Some highlights include:

Reminder – the deadline for written comments on the DCR Landscape Designation process is next Friday, January 21st.

Written comments can be sent to either:
Designation.comments@state.ma.us

or to

DCR
Landscape Designation Comments
251 Causeway St, Suite 600
Boston, MA 02114

The draft Selection Criteria and Management Guidelines report are available on the DCR website – if you misplaced your copy, or would like to share the link with others who may not have been able to attend one of our workshops, this report can be found at:
http://www.mass.gov/dcr/news/publicmeetings/forestry/DRAFT%20Management%20Guidelines%2011%2015%2010.pdf

Finally, notes taken by the breakout groups during the public workshops held on the Landscape Designations can be found at:
http://www.mass.gov/dcr/news/publicmeetings/forestryfvppast.htm
(Please note - 6 of the 7 meetings are currently posted – notes from the final meeting should be posted by Tuesday.)

Jessica A. Rowcroft
Resource Management Planner
Department of Conservation & Recreation
251 Causeway St, Suite 600
Boston, MA 02114
ph:  617.626.1380
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WRLF to offer winter nature class for preschoolers sarting January 25

The Williamstown Rural Lands Foundation is offering weekly nature classes for preschoolers at its Sheep Hill property beginning Tuesday January 25. Winter is a fun time for children to get outside, and Sheep Hill, a conservation property and the headquarters of the Williamstown Rural Lands Foundation, is the perfect place to experience and explore the natural world. This child-friendly conservation property offers room to roam, and indoor facilities for getting out of the weather. The classes will offer stories, crafts and activities to connect children to nature, and topics will include snow, animal tracks and adaptations, and weather. Naturalist and WRLF Director Leslie Reed-Evans will be leading the class. The hour sessions will run for four weeks (through February 15), and there is a morning and afternoon session; 10-11 AM and 1-2 PM. Cost is $60, $50 for WRLF members. A parent or guardian must accompany each child.

For more information or to request a registration form, 
contact the WRLF at ruraland@wrlf.org, or 458-2494.

The WRLF is a member-supported non-profit land conservation trust dedicated to preserving the rural New England character of Williamstown, celebrating its 25th year in 2011.  Sheep Hill, its headquarters, is located on Route 7 approximately a mile south of the Williamstown rotary. www.wrlf.org.

Leslie Reed-Evans
Executive Director
Williamstown Rural Lands Foundation
Sheep Hill
671 Cold Spring Road
Williamstown, MA  01267

lre@wrlf.org  www.wrlf.org
413-458-2494
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Take Action on Mercury Pollution
from Environmental Defense Action Fund

Anti-environment forces in Congress apparently want you to think mercury pollution is GOOD for you.

How else do you explain that one of the first bills introduced in the new Congress would now and forever block new toxic emissions standards for cement plants – the third largest manmade source of mercury pollution in America?

This is the first salvo in what's expected to be a continued assault on America's clean air and public health protections by this Congress.

We need your help to beat them back, and make it clear that moving backwards on environmental health protections is the wrong direction for America.

Please send an email right now to your members of Congress urging them to oppose this cynical attempt to allow big polluters to continue to poison Americans.

Mercury Pollution Is DANGEROUS!

Mercury is one of the most toxic poisons known to science. Even trace amounts of it, once ingested, can cause a long list of serious health threats.

Yet, over 12,000 pounds of mercury were emitted from America's top 100 cement plants in 2006 alone.

Mercury pollution poses especially serious risks to pregnant women and their infants. Each year, over 400,000 newborns in the United States are exposed to mercury levels that can:

  • Damage brain development;
  • Cause learning disabilities;
  • Result in language disorders and memory problems;
  • Impair vision and hearing; and many other harmful effects.

Adult exposure to mercury is associated with heart disease and other cardiovascular illnesses.

The main source of mercury exposure is from eating contaminated fish. Once released into the environment, mercury pollution enters aquatic systems where it bioaccumulates up the food chain. Concentrations of mercury compounds in fish at the top of the food chain can be as much as a million times higher than the water they are found in.

That is a main reason why pregnant women or women who want to have kids are warned to limit consumption of – or to avoid entirely – certain kinds of fish.

Please send an email right now to urge your members of Congress to protect Americans from dangerous mercury pollution.

New Standards Under Attack

The new standards would cut mercury emissions from cement plants by 92% and reduce thousands of tons of other harmful emissions – saving up to 2,500 lives per year and preventing tens of thousands of serious illnesses and hospitalizations.

And they'd save money. The EPA estimates the new standards would save between $6.7 and $18 billion in public health costs every year, dwarfing industry's costs of compliance.
Yet, some in Congress are putting short-term polluter profits ahead of public health. Led by Rep. John Carter (R-TX), they are attacking the new cement plant pollution standards using the Congressional Review Act – a rarely used procedure that allows Congress to cancel new administrative rules within 60 days after they are published.

Even worse – if they succeed, this would permanently ban EPA from ever setting similar public health standards on mercury pollution and other toxic air pollution from cement plants.

Please tell Congress that mercury pollution is DANGEROUS and that EPA's common sense standards will save lives and save money.

Email your members of Congress today and demand to be protected from toxic mercury pollution.

Urge them to oppose Rep. Carter's "Mercury Pollution Is Good for You" bill.
Thanks for all you do!

Environmental Defense Action Fund
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EPA Halts Disposal of Mining Waste to Appalachian Waters at Proposed Spruce Mine

Agency cites irreversible damage to clean water, environment in the region

WASHINGTON – After extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, the U.S. Environmental Protection Agency (EPA) today announced that it will use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company’s Spruce No. 1 coal mine. EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities, who rely on clean waters for drinking, fishing and swimming. EPA has used this Clean Water Act authority in just 12 circumstances since 1972 and reserves this authority for only unacceptable cases. This permit was first proposed in the 1990s and has been held up in the courts ever since.

“The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend,” said EPA Assistant Administrator for Water Peter S. Silva.  “Coal and coal mining are part of our nation’s energy future and EPA has worked with companies to design mining operations that adequately protect our nation’s waters. We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water.”

EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing of the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite EPA’s willingness to consider alternatives, Mingo Logan did not offer any new proposed mining configurations in response to EPA’s Recommended Determination. 

EPA believes that companies can design their operations to make them more sustainable and compliant with the law. Last year, EPA worked closely with a mining company in West Virginia to eliminate nearly 50 percent of their water impacts and reduce contamination while at the same time increasing their coal production. These are the kinds of success stories that can be achieved through collaboration and willingness to reduce the impact on mining pollution on our waters. Those changes helped permanently protect local waters, maximize coal recovery and reduce costs for the operators.
EPA’s decision to stop mining waste discharges to high quality streams at the Spruce No. 1 mine was based on several major environmental and water quality concerns. The proposed mine project would have:

  • Disposed of 110 million cubic yards of coal mine waste into streams.
  • Buried more than six miles of high-quality streams in Logan County, West Virginia with millions of tons of mining waste from the dynamiting of more than 2,200 acres of mountains and forestlands. 
  • Buried more than 35,000 feet of high-quality streams under mining waste, which will eliminate all fish, small invertebrates, salamanders, and other wildlife that live in them.
  • Polluted downstream waters as a result of burying these streams, which will lead to unhealthy levels of salinity and toxic levels of selenium that turn fresh water into salty water. The resulting waste that then fills valleys and streams can significantly compromise water quality, often causing permanent damage to ecosystems and streams.
  • Caused downstream watershed degradation that will kill wildlife, impact birdlife, reduce habitat value, and increase susceptibility to toxic algal blooms.
  • Inadequately mitigated for the mine’s environmental impacts by not replacing streams being buried, and attempting to use stormwater ditches as compensation for natural stream losses.

Additionally, during the permitting process there was a failure to consider cumulative watershed degradation resulting from past, present, and future mining in the area.

Finally, EPA’s decision prohibits five proposed valley fills in two streams, Pigeonroost Branch, and Oldhouse Branch, and their tributaries. Mining activities at the Spruce site are underway in Seng Camp Creek as a result of a prior agreement reached in the active litigation with the Mingo Logan Coal Company. EPA’s Final Determination does not affect current mining in Seng Camp Creek.
Background on Clean Water Act Section 404(c)

Clean Water Act Section 404(c) authorizes EPA to restrict or prohibit placing dredged or fill material in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in “unacceptable adverse effects” to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the Clean Water Act although EPA is not considering such action for other previously permitted projects.

With today’s action, EPA has exercised its Section 404(c) authority only 13 times in its history of the CWA. EPA recognizes the importance of ensuring that its Section 404(c) actions are taken only where environmental impacts are truly unacceptable and will use this authority only where warranted by science and the law.

For a copy of the Final Determination:
http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/ 404c_index.cfm
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Updated draft National Wetland Plant List available for review and comment

SUMMARY
: The National Wetland Plant List (NWPL) is used to delineate wetlands for purposes of the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act. Other applications of the list include wetland restoration, establishment, and enhancement projects. To update the NWPL, the U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), is announcing the availability of the draft National Wetland Plant List (NWPL) and its web address to solicit public comments. The public will now be provided the opportunity to comment and vote on the wetland indicator status ratings of the plants, species nomenclature changes and the revisions to the definition of indicator status ratings contained in the NWPL.

DATES: Written comments must be submitted on or before March 7, 2011.

ADDRESSES: You may submit comments on indicator status evaluations and general comments through the Web site identified below. Whenever possible, commenters should submit comments on-line at: http://wetland-plants.usace.army.mil/*. For instructions on how to submit comments online, please go to the supplementary section below.
For those without internet access, comments may be sent to Ms. Karen Mulligan, U.S. Army Corps of Engineers, Regulatory Community of Practice, 441 G St., NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Mulligan, Headquarters, Regulatory Community of Practice, Washington, DC or Mr. Robert Lichvar, Director of the National Wetland Plant List, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory. Ms. Mulligan can be reached at (202) 761-4664 and Mr. Lichvar can be reached at (603) 646-4657.

*In case you can't get that link to work, try this one: https://rsgis.crrel.usace.army.mil/apex/f?p=703:1:1614639959727508
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Monadnock Conservancy (NH) Seeks Full-Time Conservation Project Manager

Date posted: Wednesday, January 5, 2011 10:43 AM
Posted by: Ryan Owens
Location(s): Keene, NH
URL: www.monadnockconservancy.org

The Monadnock Conservancy, a regional land trust serving the Monadnock Region of southwestern New Hampshire, seeks an experienced full-time Conservation Project Manager to join a staff of seven in our Keene, NH office. One of the first accredited land trusts in the nation, we hold conservation easements and fee ownership on nearly 15,000 acres in 25 towns. Primary responsibilities include initiating, managing, and completing conservation easement and fee-land acquisition projects in our 35-town service area. The successful applicant will have 2+ years prior experience in conservation transactions and will demonstrate strong communication skills, attention to detail, motivation, intimate familiarity with private land conservation techniques, and applied GIS experience. See the attached file for a complete position description. The position is open until filled, with a target start date of March 1, 2011 or sooner. To apply, send a resume, cover letter, and three professional references by January 24, 2011 to Ryan Owens, Executive Director, at Ryan@monadnockconservancy.org or Monadnock Conservancy, PO Box 337, Keene, NH 03431.
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AMC Seeks Senior Marketing Manager

Date posted: Friday, January 7, 2011 10:44 AM
Posted by: Erin Rowland
Location(s): Boston
URL: http://www.outdoors.org/about/employment/fulltime/senior-marketing-manager.cfm

Under the direction of the Vice President of Communications and Marketing, this key position will define strategies and execute on an annual marketing plan that supports occupancy goals in our full service lodging destinations, youth and program participation, and publication sales in support of AMC's broader mission of promoting the protection, enjoyment and understanding of the mountains, rivers, and trails of the Northeast outdoors. The position has a significant hospitality marketing component, promoting the unique outdoor recreation experience offered by our three frontcountry lodges in New Hampshire, eight high mountain huts in the White Mountains, and three sporting camps in Maine. Our huts and lodges serve 75,000 guests each year, and are showcases for sustainable operations, including recycling, renewable energy, and public education on the environment and stewardship. For more information:
http://www.outdoors.org/about/employment/fulltime/senior-marketing-manager.cfm

Please email resume, cover letter, and salary requirements to amcjob167@outdoors.org (preferred) or mail to: Vice President of Communications and Marketing, Appalachian Mountain Club, 5 Joy Street, Boston, MA 02108. No calls, please.
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Tell EPA: Protect Consumers from Toxic Triclosan!
From the Center for Environmental Health

Take a few seconds to imagine something.

Imagine that big businesses are putting a chemical in our soap and telling us that it will keep us healthy. Imagine that they're lying to create a market for this unnecessary chemical. And imagine that this chemical actually ends up in our bodies, harms our health, pollutes our water, and doesn't even make the soap any more effective.

If only we were making this nightmare up. Unfortunately, this is actually the true story of what's happening today with a chemical called triclosan.

Triclosan, the antibacterial chemical many consumers look for in their soap, disrupts our hormones, lowers sperm production, harms our immune systems, and can turn into a potent carcinogen. And it doesn't protect us from germs any more effectively than regular soap.

Worse yet, triclosan is put in many products besides soap. In fact, you’ll find it in so many everyday items – from toys to tissues to toothpaste – that it’s in most of our bodies today.

So far the government has been unwilling to protect consumers from triclosan, so it's up to us to convince the U.S. Environmental Protection Agency to take decisive action.

Tell EPA now: Protect consumers from toxic triclosan!
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