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Court Ruling on Pesticides is Good News for Lakes and Ponds
by Gail Palmer (Otis)
According to a new court ruling, it now is a violation of the federal Clean Water Act to discharge aquatic pesticides from a point-source (boat, tank, hose, etc.) into a pond unless the applicator obtains a discharge permit from the federal Environmental Protection Agency that defines when, what and how much can be discharged
The January 7, 2009, ruling of the 6th Circuit Court of Appeals struck down a recent EPA regulation that allowed aquatic pesticide applications without Clean Water Act permits. As a result of the decision, the applicator must submit an application for an individual National Pollutant Discharge Elimination System (NPDES) permit and EPA must give the public at least 30 days to comment on any draft permit proposal.
The long-term impact of the ruling – whether EPA will write strong permits or “rubber stamp” business-as-usual activities -- depends to a large degree on public input.
According to the Boston-based National Environmental Law Center , whose attorneys wrote the successful briefs in the case, it is possible that EPA will respond to the ruling with a proposal for a general permit that covers all similar types of discharges in Massachusetts . Should that occur, a public notice and comment period would apply.
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Cleaner air for region
Mercury pact includes St Lawrence Cement
Attorney General Andrew Cuomo and officials from eight other states have reached an agreement with the federal Environmental Protection Agency that will result in tougher regulation of mercury emissions from cement plants nationwide.
The new federal regulations will apply to New York's three Portland cement plants — all of them located in and around the Capital Region: the Lafarge plant in Ravena, the St. Lawrence facility in Catskill, and the Lehigh Northeast plant in Glens Falls.
"The Environmental Protection Agency has made the right choice by going back to the drawing board and committing to adopt new hazardous air pollutant standards for cement plants," said Cuomo, who led the lawsuit against the EPA, in a statement released Friday.
more in the Times Union
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Video Shows Green Practices to Manage Stormwater Runoff
( Washington, D.C. – Jan. 15, 2009) The U.S. Environmental Protection Agency and the U.S. Botanic Garden produced an on-line video, “Reduce Runoff: Slow It Down, Spread It Out, Soak It In,” that highlights green techniques such as rain gardens, green roofs and rain barrels to help manage stormwater runoff.
The film showcases green techniques that are being used in urban areas to reduce the effects of stormwater runoff on the quality of downstream receiving waters. The goal is to mimic the natural way water moves through an area before development by using design techniques that infiltrate, evaporate, and reuse runoff close to its source.
The techniques are innovative stormwater management practices that manage urban stormwater runoff at its source, and are very effective at reducing the volume of stormwater runoff and capturing harmful pollutants. Using vegetated areas that capture runoff also improves air quality, mitigates the effects of urban heat islands and reduces a community’s overall carbon footprint.
The video highlights green techniques on display in 2008 at the U.S. Botanic Garden’s “One Planet – Ours!” Exhibit" and at the U.S. EPA in Washington, D.C., including recently completed cisterns.
To watch the video: http://www.epa.gov/nps/lid
More information on stormwater management: http://www.epa.gov/greeninfrastructure
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Take a Hike with Snowshoes
What is it you appreciate about the winter scene?
Of those who enjoy winter recreation, there seem to be four personalities: downhill skiers, snowmobilers, cross-country skiers and snowshoers. The snowshoe is almost 6,000 years old, yet still popular in our complex technological age as means to appreciate the scene in a unique closeness with nature’s winter world.
Come walk on the deep snow; sneak under the silhouettes of tall trees that crack the grey slate above; stop in your tracks to hear the hoot of distant owls pierce the frozen air.
Only in snowshoes can you get this close!
At MassAudubon’s Pleasant Valley Sanctuary in Lenox, snowshoes are available to rent while exploring our trails for members at $2 and for nonmembers at $3. Our old style wooden version is weaved with leather and gut, originally made in the Canadian Rockies with sizes for children to adults.
Define your winter experiences in a new view this season - via snowshoe travel.
MassAudubon Berkshire Sanctuaries
472 W. Mountain Road
Lenox, MA 01240
413-637-0320
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Vision for DCR Forests
The Massachusetts Department of Conservation and Recreation (DCR) has launched a public involvement process on “Renewing a Commonwealth Vision for DCR Forests.” This process will involve an open, interactive dialogue with experts, stakeholders, and the public to assess the role of forest management in the stewardship of hundreds of thousands of acres of public lands. It will result in recommendations on how to balance and integrate the myriad public interests supported by the forests including recreation, tourism, aesthetics, wildlife habitat, renewable forest products, and climate change mitigation and adaptation. A series of public meetings will be held, dates and locations TBD.
BEAT Note: PLEASE GET INVOLVED! DCR needs to hear from lots of people to really address public concerns about the way they manage our forests. Thank you, Jane
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Proposed DCR Timber Harvesting Projects
The latest semi-annual postings of newly proposed timber harvesting projects are now available on DCR’s website. Comments can be submitted through February 20, 2009 to Timber.Comments@state.ma.us.
BEAT Note: BEAT is requesting that before the harvesting plans are finalized (actually before they are started would be much better), there should be a real, thorough biological survey (not just plants) of the proposed harvest area. All vernal pools must be certified - something DCR has refused to do. Please send in comments! Thank you, Jane
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Upper Spectacle Pond Protected
Mass Audubon Partners with Department of Conservation and Recreation
On December 31, Mass Audubon acquired 134 acres of high priority forest in the Berkshires, at Upper Spectacle Pond in Otis. This was a pre-acquisition for our longtime partner, the state Department of Conservation and Recreation (DCR). Our purchase of this property became necessary to accommodate the seller’s need for a transaction to take place in calendar 2008 when DCR’s acquisition process would not permit that agency to do so. We will convey the property to DCR in early February 2009.
The conservation of this property is significant for a variety of reasons, including the proximity to our 1,000-acre Cold Brook Wildlife Sanctuary, and the highly intact forested landscape in which it exists. In fact, this property was one of the last remaining unprotected tracts in that broader landscape.
The protection of unfragmented forest areas such as this is all the more important in the context of climate change. Conservation science indicates that these will be the areas where native species of plants and animals will have greatest resilience, as climate-related changes occur across Massachusetts
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Regulations for Outdoor Hydronic Heaters
To: MassDEP's Regulations List-Serv and Commissioner's Advisory Committee
Name & Citation of Regulation(s): Air Pollution Control Regulations for Outdoor Hydronic Heaters (310 CMR 7.00)
Brief Explanation and Rationale for Changes: MassDEP has added a new section to the Air Pollution Control Regulations to address outdoor hydronic heaters (OHHs), also known as outdoor wood boilers. MassDEP worked with the Northeast States for Coordinated Air Use Management (NESCAUM) and other states to develop a model regulation that our regulations are based on. By adopting a standard substantially the same as other states, MassDEP will make it easier for manufacturers to comply, which will reduce costs to consumers. MassDEP’s Program is also consistent with EPA’s Voluntary Program for OHHs.
The Commonwealth is committed to measures designed to attain and maintain national ambient air quality standards. The amendments are part of that commitment and will be incorporated into the Massachusetts State Implementation Plan (SIP).
MassDEP has established stringent performance standards that manufacturers must meet in order to sell OHHs in Massachusetts. The goal of the regulations is to ensure that burning wood in OHHs to heat homes and small businesses is done as cleanly as possible, using properly designed units that operate efficiently.
The regulations:
- Establish emission performance standards for units to be sold in Massachusetts after March 31, 2008 that will be implemented in two phases. The emissions standards are technology forcing so that over time the design of units is improved to minimize emissions and improve boiler efficiency;
- Allow units installed prior to the effective date of the regulations to continue to operate provided the unit does not cause a condition of air pollution;
- Establish operational requirements for all owners/operators of new and existing OHHs to ensure that only clean, seasoned wood fuel is burned and limiting operations to the heating season;
- Require manufacturers to test, using a third party testing laboratory, each model they wish to sell in the state and certify that each model meets the applicable emissions standard;
- Establish minimum setback distances, based on USEPA approved computer dispersion modeling for air impacts, for both residential and commercial units;
- Establish a variance provision that could be applied to both existing and new units;
- Clarify that local boards of health, fire departments, and police departments have the authority to enforce certain provisions of this regulation.
Web Link to View Final Regulations:
http://www.mass.gov/dep/air/laws/regulati.htm#owb
Date of Promulgation:
December 26, 2008.
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Job Opening: WATER RESOURCES POLICY DIRECTOR
The Massachusetts Rivers Alliance (http://massriversalliance.org/) seeks a full-time Water Resources Policy Director to develop and implement strategic initiatives to advance river protection in Massachusetts.
The Massachusetts Rivers Alliance is a new 501(c)3 organization dedicated to restoring and protecting the rivers and streams of Massachusetts and the ecosystems they support.
The Alliance has been formed to provide a statewide center for the research and promulgation of practical, effective policy solutions that protect and restore Massachusetts’ rivers and their watersheds. The Alliance advocates for holistic, watershed-based policies that are grounded in science, achieve meaningful protection and restoration of our rivers, and provide a sustainable future for our communities.
The Policy Director will:
- Lead Strategic Planning - The Policy Director will lead the Alliance’s development of an integrated, strategic Action Plan for river protection and water management across the state. Building on existing documents and work already underway, this initiative will determine the most pressing needs and best opportunities for advancing the protection of rivers and the natural resources they support, including identifying the most effective roles the Massachusetts Rivers Alliance can play in advancing these issues. The Action Plan will provide the blueprint for a legislative and policy agenda for state-wide integrated, sustainable water management.
- Implement Priority Actions – The Policy Director will work closely with the Board and Alliance members, as well as with a broad range of watershed and environmental organizations and other partners to develop and implement the Action Plan and address the high priority issues identified through the strategic planning process. This work will entail evaluating existing laws, regulations and policies and applying state-of-the-science and management techniques to a broad range of river and water issues. The Policy Director will research, analyze, write and present information in support of these projects.
- Water Summit – The Policy Director will organize and convene a state-wide Water Summit that includes stakeholders in river protection and water management from government, non-profit advocacy groups, and other water stakeholders.
- Partnership Building - The Policy Director will develop effective partnerships with other watershed and environmental organizations, federal and state agencies, scientific and academic institutions, stakeholders and other public and private organizations. This will include expansion of the current Alliance of 16 members to create of a network of at least 25 river and water resource protection organizations that will regularly share information and communicate about agendas and initiatives.
- Act as Liaison and Spokesperson – Working with the Board of Directors, the Policy Director will represent the Alliance in public meetings and forums where river protection issues are addressed, and will act as the Alliance’s liaison with stakeholders and public officials.
Requirements:
- Advanced degree in natural sciences/natural resource, management, planning or equivalent professional experience or at least 5-6 years related experience in natural areas planning or management.
- A solid understanding of river conservation and public policy and experience in applying this knowledge to set and achieve conservation priorities.
- Project management experience, including the ability to motivate, lead and manage both formal and informal teams.
- Understanding of Massachusetts and federal laws, regulations, policies and programs related to protection of river and water resources.
Other Skills:
The position requires the ability to:
- design, implement, and direct effective projects, drawing upon the participation of professionals from within and outside the organization.
- adapt and modify plans in response to changing circumstances.
- make strategic decisions based on analysis, experience, and judgment.
- negotiate with public and private organizations.
- take a project from conception through completion.
- work both independently and in close collaboration with others.
- use advanced communications and presentation skills to communicate both technical and non-technical information to a wide range of audiences.
Compensation and Benefits:
The position is full-time (30-40 hours) and the compensation range is $40-$50,000, plus paid holidays and health and retirement benefits. The principal office is in Boston. The position requires the use of applicant’s own vehicle for occasional travel to areas not served by public transportation; mileage is reimbursed.
For further information please contact: Kerry Mackin (kmackin@ipswichriver.org)
Mark Smith (marksmth@concentric.net)
Please send resumes by e-mail to: Kerry Mackin, President
Massachusetts Rivers Alliance
kmackin@ipswichriver.org
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