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The BEAT News

November 12, 2008

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CALENDAR OF EVENTS
Environmental Monitor
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Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshires
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GE Appeals the NPDES Permit

Outrageous! Not only is GE appealing the NPDES permit, but they are saying that the EPA can't issue any NPDES permit because it wasn't specified in the Consent Decree. However, GE has been living with and complying with the expired permit since 1997, and they did not bring this up when EPA issued the draft permit. We hope GE won't be allowed to weasel out of MORE of their responsibilities with this new ploy - and we are outraged that they would try.

The major thing the new NPDES permit requires is more testing to clearly identify where, how much, and how often PCBs are getting back into the Housatonic River from the GE site. We do not think GE should be appealing any of this testing. Perhaps they have a valid claim that there was not enough time allowed for some of the testing.

The NPDES permit is issued as a joint permit - the NPDES permit is the federal, EPA name of the permit, and the Massachusetts Surface Water Discharge Permit is the Massachusetts name of the permit.

Visit BEAT's  GE NPDES page for more information plus links to GE's three appeal documents
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News from "Massachusetts Forest Update, November 2008" a publication of the Massachusetts Forest Landowners Association:

Application Period for 2009 Landowner Incentive Program Ends December 19th

The application period for the Landowner Incentive Program (LIP) for FY 10 opened October 27, 2008, with applications due on or before December 19, 2008, at 4:00 PM.  Private landowners who want to actively manage their property to benefit wildlife habitat are invited to consider applying for potential funding through this program.  Individual landowners, land trusts, sportsmen's clubs, and other conservation organizations are eligible to apply for funding.

In 2008, The Landowner Incentive Program received 51 applications for species-at-risk habitat enhancements and restoration for the upcoming fiscal year (FY 09).  Of these applications, 35 were selected to receive funding.  MassWildlife is partnering with these private landowners to finance management on a total of 2,640 acres, funding the grants with a total of $806,158.  Of the 35 grants awarded, ten went to land trusts, 12 to conservation organizations, one to a sportsmen’s club, and 12 to other private landowners.  Of the projects funded, 71 percent applied for manual restoration, 80 percent applied for invasive/exotic plant removal, 26 percent applied for the seeding or planting in their project area, and none applied for a prescribed burn.  Of the properties selected (by county), four are in Barnstable, seven in Berkshire, one in Bristol, one in Dukes, two in Essex, four in Franklin, three in Hampden, six in Hampshire, one in Middlesex, two in Nantucket, one in Plymouth, and three in Worcester County.

For more information call MassWildlife LIP staff Tracy Grazia at 508/389-6387 or Marianne Piche at 508/389-6313 or go to www.mass.gov/dfwele/dfw/habitat/grants/lip/lip_apply.htm.
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News from "Massachusetts Forest Update, November 2008" a publication of the Massachusetts Forest Landowners Association:

Asian Long-horned Beetle Quarantine Expands  

More than 1800 trees in Worcester have been found to be infested with the highly destructive Asian long-horned beetle, according to recent surveys, and the quarantine area has expanded to encompass 62 square miles, including all of Worcester, much of Shrewsbury and parts of West Boylston, and Holden.  A Federal Order forbids the movement of woody debris, lumber, firewood, and nursery stock that could host ALB infestations from this area. This will keep the beetle from moving via human transport.
Companies that work with host material will be contacted by officials.

Affected trees will be cut down and either chipped or burned in the regulated area.  This will not begin until after the first hard frost kills any remaining adult beetles.  To see the exact details of the federal quarantine, see a link at www.umassgreeninfo.org.

The size of the infestation has grown from 700 known trees to more than 1,800 since mid September.  The original cost estimate for dealing with the infestation was $24 million.  It is now expected that cost will rise accordingly.  A recent article in the Boston Globe said that the federal government will pay for the cost of the tree removal, chipping and disposal by burning
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News from "Massachusetts Forest Update, November 2008" a publication of the Massachusetts Forest Landowners Association:

Federal Import Quarantine Order Restricts Firewood Imports from Canada

The U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) has enacted a quarantine that requires that all hardwood firewood from Canada be heat treated to enter the US . It is already in effect.  Additional details are in the following public notice. 

DA-2008-69                                           October 17, 2008

SUBJECT: Treatment of Firewood of All Hardwood (non-coniferous) Species from Canada

The purpose of this SPRO is to provide notification that the Animal and Plant Health Inspection Service will be requiring all firewood of all hardwood (non-coniferous) species from Canada to be heat treated at 71.1º Centigrade (minimal core temperature) for 75 minutes. For commercial and noncommercial shipments, the effective date will be October 17, 2008.

This action is to follow up the concerns expressed by State representatives and Customs and Border Protection personnel during the National Plant Board Meeting in August 2008. The movement of firewood of all hardwood (non-coniferous) species can be a source of introduction and dissemination into or within the United States of certain pests of hardwood that are present in Canada such as Asian longhorned beetle, emerald ash borer (Agrilus planipennis), gypsy moth, and Japanese beetle. These pests are present in the United States , but they are either not widely distributed or have limited distribution therein. The problem of the movement of such hardwood is increased when it is cut into firewood since it is difficult to identify the species of tree from which the firewood is derived. In addition, we have found that, although movements of commercial hardwood firewood can be certified, the same is not practical or possible for hardwood firewood that is defined as noncommercial, e.g., personal use for camping. Lastly, there have been instances where we were unable to definitively determine whether the firewood transited areas in Canada that were known regulated areas for the listed pests. Firewood transiting through areas of Canada known to be regulated for pests can become infested if not properly safeguarded and segregated during movement.

For all of the reasons stated above, certain regulatory requirements are necessary to safeguard and ensure that firewood entering the United States from Canada has been properly treated in accordance with the Federal Order. Therefore, we will immediately require as of the date of the Federal Order that each commercial shipment must be accompanied by a treatment certificate and each noncommercial shipment must be accompanied by a treatment certificate or an attached commercial treatment label.

For additional information regarding this Federal Order, please contact John T. Jones, at (301-734-8860).
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News from "Massachusetts Forest Update, November 2008" a publication of the Massachusetts Forest Landowners Association:

Wood Producers Program features Workshops on Natural Heritage Review and Long Horned Beetles

Workshops on Natural Heritage Reviews and on Recognizing the Asian Long-horned Beetle will highlight the fall meeting of the Massachusetts Wood Producers Association on Friday November 21st at the Bluebonnet Restaurant in Northampton. 

Friday afternoon from 3 to 5 pm Jacob Kubel, the Forestry CMP zoologist for the Natural Heritage & Endangered Species Program (NHESP) will provide training on NHESP Review of Forest Cutting Plans and changes to Priority Habitats.  That workshop is free for Wood Producer members and cost $25 for non-members.  Two credits for Category I are available for foresters as well as 2 credits for timber harvesters.

A social hour will be held from 5 to 6 pm with dinner between 6 and 7.  Dinner costs $25 each.

Following dinner, Charlie Burnham from DCR will present the Asian Long-horned Beetle – What it looks like, what to look for, and what to DO if you find it program between 7 and 8 pm.  The program is approved for 1 credit for foresters and timber harvesters and is free to members and $25 for non-members.

For information, contact Kent Lage at 617 797-6388 or email kentlage@netscape.net
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New Marketing Guide for Small and Medium Size Sawmills

The Center for Forest Products Marketing and Management at Virginia Tech and the U.S. Forest Service Wood Education & Resource Center have developed a new publication aimed at small sawmills, A Marketing Guide for Small and Medium Sized Primary Forest Products Processors.  

The guide provides marketing tips and information for entrepreneurs, owners, managers and employees of small to medium sized sawmills to help them maintain a competitive edge.  The guide will help primary processors develop their ideas and visions for expansion and includes case studies of companies that have put marketing strategies into practice. Topics covered include Fundamentals of Marketing, Entering Niche Markets, Market Research Methods, Finding Customers, Exporting, and Internet Marketing.

The guide is available online at http://www.na.fs.fed.us/pubs/detail.cfm?id=5485 and in CD format.
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More Time to Comment on Preliminary Regulatory Determination on Perchlorate

In response to requests, EPA is providing more time for public comment on its preliminary regulatory determination not to regulate perchlorate in drinking water at a national level. The agency is now asking for comments by Nov. 28.

A regulatory determination is a formal decision by EPA as to whether it should initiate development of a national primary drinking water regulation for a specific contaminant under the Safe Drinking Water Act. EPA will make a final determination for perchlorate after considering information provided in the public comment period.

Information on Drinking Water Regulatory Determinations: http://www.epa.gov/safewater/ccl/reg_determine2.html
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News from the Franklin Land Trust:
Conway Land Protected


A 24-acre woodland property off Harrison Road has been permanently protected from development, under a Conservation Restriction held by Franklin Land Trust.  

The property, which belongs to Samuel and Marc Dashevsky, abuts the Poland Brook Wildlife Management Area. The Dashevskys, who have owned the land since 1976, donated the restriction to FLT. The Dashevskys continue to own the land, but give up the right to develop it.  FLT will monitor the land annually. 
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PCB Cleanup Underway next to Dorothy Amos Park

Work has begun on the long-awaited cleanup of PCBs from the river sediments and bank soils adjacent to Dorothy Amos Park on West Street in Pittsfield. Although we are really frustrated that it took ten years from the time GE remediated Dorothy Amos Park to the time they are starting to remediate in the river next to the Park, BEAT is really glad that the park remained open all summer. - For more information and pictures, see our West Branch page.
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Tell the EPA to Act to Cut Global Warming Pollution

For eight years the Bush administration resisted action on global warming, claiming that emissions of heat trapping gases were not pollution. But the administration was wrong, and now you can make sure we take action to curb global warming pollution.

In the court case Massachusetts v. EPA (pdf), the United States Supreme Court in 2007 contradicted the EPA by confirming greenhouse gas emissions are a pollutant covered by the Clean Air Act, and are potentially subject to regulation by the Environmental Protection Agency (EPA). This forced the Bush administration and EPA Administrator Stephen Johnson to begin the rulemaking process by requesting public comment.
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Send a comment now

On November 28, the official public comment period will end. That's why we need you to act today. Industry opponents and ExxonMobil-funded think tanks have taken notice of this rulemaking and are mobilizing their members to weigh in against any future EPA regulations on global warming pollution.

We need your help! The deadline for public comment is fast approaching and unless we show strong public support for protecting public health and the environment from global warming, Big Oil and their allies in Congress will once again delay action on global warming.

Please e-mail EPA Administrator Stephen Johnson regarding this proposed rulemaking and tell EPA to be part of the global warming solution.

Thank you,
Christine LeMieux
Global Warming and Energy Programs Coordinator
Clean Water Action
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