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Christie Administration Outsources Climate Change Adaptation Planning

July 2nd, 2012 10 comments

Monmouth County Pipeline Collapse Illustrates Vulnerability

[Update #3 – 11/11/12- Who knew I had all this brilliant academic and theoretical backing?

While many practitioners and academics use the term sustainability instead of landscape integrity, this author is more closely aligned with Forman (2008) when he eloquently argues that, “I usually avoid the term [sustainability] as mainly being a goal reflecting each user’s agenda rather than a base of knowledge, and more to the point, it feels about as solid as sitting on a chair of jello, or toothpaste” (2008, 252; see also Conroy and Berke 2004). (@ p.3)

Update 7/5/12 – I urge readers to click on to the comments and read the response and information provided by Randy Solomon of Sustainable Jersey.]

[Updates below]

As the dust literally settles in the Monmouth County water emergency and accountability investigations begin, I thought I’d take a more detailed look at the Christie Administration’s Climate Change Adaptation Planning Program.

Amazingly, Middletown Township – the location of the pipeline collapse – has a  “Sustainability Plan” application that is supposed to address infrastructure and climate change adaptation – but it doesn’t. [ The map of participating towns shows Middletown as having a certified plan.]

Even more amazingly, analysis shows that the State relies completely on this failed voluntary local process and outsources the content of the plans to a private, corporate dominated group.

So, the results are shocking, but not surprising: a massive across the board failure.

So follow the logic closely as we trace the Administration’s failures.

The performance is so consistently bad, it makes analysis and criticism like shooting fish in a barrel.

The first place I checked was NJ’s State planners at what used to be called the Office of Smart Growth (which is now promoting economic development as part off the Lt. Gov.’ “Business Action Center”).

Climate change adaptation is such a tabooed anathema to the Christie Administration that State planners can not even mention the words! 

Not only is there a gag on using words to describe the concept, the State had merely delegated the entire issue to the local level and tried to shoehorn it into the pre-existing and now defunct “plan endorsement” process (which ignores infrastructure, maintenance, adaptation, and financing).

But worse, Christie’s new State Economic Development Plan eliminated cross acceptance, so planners are relying on a process that no longer exists. Here is a state planner’s explanation:

The Office of Smart Growth has been working with communities [in the plan endorsement process] to craft land use ordinances that include strategies to reduce vulnerabilities to flooding and extreme tidal flux. [Note: this is exactly what took out the bridge & pipeline in Middletown]. Specifically they are trying to reduce the amount of impervious surface along the coasts, protect wetlands and wetland buffers, and restore coastal sand dunes. Land is targeted for protection or restoration through low-resolution shape file analysis and with local guidance and suggestions. Although these measures are not explicitly labeled as climate change adaptation, these strategies will enhance the region’s resilience.

So, I then checked with DEP, the agency in charge of adaptation planning under NJ’s Global Warming Response Act.

According to a review of the NJ DEP Office of Sustainability and Green Energy, DEP has abdicated state responsibility, delegated to the local level, and outsourced adaptation planning to a corporate dominated group called “Sustainable NJ” (e.g. check their website for membership and video promotion of NJ Natural Gas).

DEP says this:

Adaptation

Despite our best efforts to reduce the greenhouse gas emissions that cause climate change, there will be permanent public health, ecological and economic impacts in New Jersey from those emissions already in the atmosphere. Scientists predict that in the coming years New Jersey will experience higher temperatures during the summer months that will result in an increase of heat-related illnesses, as well as poor air quality and short-term droughts; and more intense rain events, leaving residents susceptible to high flooding.  These intense rain events will also worsen the impacts of rising sea level in New Jersey’s coastal and bayshore communities. …[Note: this is exactly why damaged the bridge and pipeline that collapsed. DEP also forgot to mention that record heat increases water demand.]

In particular, local governments, as the agents on the “front lines” during natural disasters, and as those with influence over planning and zoning decisions, need to be aware of their vulnerabilities and risks, as well as what actions they can take and where they need additional support.  The Department has partnered with Sustainable Jersey to form a Climate Adaptation Task Force (CATF), which is working to determine how best to support local efforts to become resilient in the face of changing climate.  The CATF released two educational tools to help local governments understand what climate adaptation is and how it will effect them.  One tool is a glossary of climate-related terminology.  The other tool is a New Jersey-specific climate trends and projections document. The CATF is now working to develop other risk assessment tools to support local government adaptive thinking.  For more information on the CATF, visit Sustainable Jersey’s website.

So, how does DEP expect local governments to become aware of risks and vulnerabilities?

Via “Sustanable Jersey’s website you idiot!!

So, I then wandered over to check out the Sustainable Jersey website to review the content of  their climate change risk assessment, municipal educational tools, and adaptation planning materials looked like. Here’s what I found:

  • There is no risk assessment. None at all. Strike one.
  • The “municipal tool” link went to a webpage that listed numerous BPU programs (16 in fact!). Although BPU regulates private water companies like NJ American Water (the company that was negligent in the Middletown pipe collapse) and BPU oversees and directs infrastructure maintenance and investment programs, there was nothing – nothing at all – about climate change adaptation, risk assessment, or infrastructure impacts and preventive or adaptive maintenance. Strike two.

So, I then examined the certification content requirements, and found that the “Sustainable Jersey” municipal certification checklist has nothing explicit about “climate change adaptation” and neither did the “Greenhouse gas” requirements. Nothing.

However, if one scrolled down the checklist and really drilled down and clicked on the “Climate Action Plan“, one came across this one paltry and vague sentence:

A CAP includes actions to address climate change at these two different levels. Municipal actions will target improving efficiency in municipally managed facilities, infrastructure, operations, and services. Community actions will require joint efforts of the public and private sectors, and include policy changes that will affect the lives of residents and local private businesses. 

First of all, the infrastructure planning is limited to “municipally managed facilities”, thus eliminating the failed bridge and pipeline that caused the problem.

Second, Middletown has not even submitted a plan. No action – No Plan.

Strike Three!

How could it get any worse?

[Update – I also checked out the governing local  document –  the most recent version (2009) of the Middletown Master Plan – It is silent and says nothing about “Sustainable development”.

Similarly, the Master Plan’s Utility Plan map only shows sewer infrastructure, not water supply. As the Master Plan Utility Service Element states (@ p. 36), it does not even consider water supply infrastructure:

The Utility Service Plan Element addresses stormwater management, drainage and flood control facilities, sewerage and waste treatment, and water supply and distribution facilities.

What the hell kind of local sustainable development program is that?

I will next try to document BPU regulations and policies regarding infrastructure maintenance and financing and whether those programs include climate change adaptation planning. My sense is that they do not require it and probably don’t even mention it.

BPU has programs that look relevant – Reliability and Security

The Division of Reliability and Security is responsible for implementing ongoing strategies for utility disaster preparedness, reliability and infrastructure security in conjunction with the State’s domestic preparedness and security efforts. The Division manages BPU’s response to disasters, emergency or major disruptions by the comprehensive coordination of utility remediation and recovery actions. The Division also manages two major infrastructure Safety Programs: Underground Facilities Protection Act and Pipeline Safety Program.

Here’s from BPU website on water infrastructure:

Division of Water

The Division of Water oversees the regulation of approximately 45 investor owned water and wastewater utilities.  The Division mainly deals with issues such as: establishing rates for utility service; assessing water and wastewater infrastructure needs; prudency issues and related costs; ensuring a safe and reliable water supply; growth impacts on water and wastewater costs and availability; sustainability of future growth; water reuse; depletion of aquifers; service interruptions; terms and conditions of water and wastewater service and management contracts; and conservation initiatives.

The Division also deals with identifying and evaluating initiatives, programs and best practices and efforts to improve the efficient use of potable water; evaluating and analyzing conservation tariff structures and the feasibility of implementation; system integration that reduces costs and provides for increased customer benefits; and reviewing the utilities’ long-term construction plans for capital expenditure

Here is NJ American’s tariff. Cursory review suggests that these terms are relevant:

EMERGENCY RESPONSES DUE TO EXTRAORDINARY DEMAND AND/OR DIMINISHED SUPPLY (Continued)

  1. 4-  The Company will endeavor to provide a regular and uninterrupted supply of water through its facilities. However, if because of emergencies beyond the control of the Company, including governmental mandate, service is interrupted, irregular, defective or fails, the Company will not be liable for damages or inconvenience resulting there from. In the event of an extraordinary demand and/or diminished supply, or when operational issues make such actions desirable, including, among other things, protecting the integrity of the system and permit conditions, the Company may restrict the use of water whenever the public welfare may require it and, if necessary, may shut off the water in its mains and pipes. In such cases the Company shall advise its customers by placing a prominent advertisement detailing the conditions and restrictions in a newspaper of general circulation in the utility service area. The notice will state the purpose and probable duration of the restriction or discontinuance. Failure to provide regular and uninterrupted service due to breakdowns is covered under other sections of this tariff.
  2. 5-  The Company may restrict water service during certain periods, where the Company advises the Board of Public Utilities, in order to protect the public water supply, or otherwise to comply with any regulations, orders or decrees issued by the Governor of New Jersey or the Department of Environmental Protection, or any successor agency or department pursuant to the Water Supply Management Act, or other statutes or regulations of the state or federal government. Such interruptions or restrictions shall be reported to the Department of Environmental Protection, if necessary, and the Board by each utility by the speediest means of communications available, followed by a detailed written report, pursuant to the provisions of N.J.A.C. 14:3-3.7(e) et seq., within one week. Thereafter the utility shall provide weekly reports for the duration of the emergency.

GENERAL RULES

page16image46401. Company will endeavor to provide a regular and uninterrupted supply of water through its facilities. However, if service shall be interrupted, irregular, or defective, or fail because of breakdown or emergency, the Company will not be liable for damage, inconvenience or lost income resulting there from.

Here are NJ American’s duty and representations:

As the surviving entity of the Merger, New Jersey American will continue to provide safe, adequate and reliable, high-quality service consistent with its corporate history, in fulfillment of its obligations under New Jersey law, and subject to the continued jurisdiction of the Board. 

Ah, but don’t worry – so what if there is no funding, no planning, and no regulation by the State Agencies with jurisdiction.

“Sustainable Jersey” has a Task Force that includes DEP and the State Climatolgist! So, you’re in good hands with All State! (hahaahah!)

[Update: You find some amazing stuff on DEP’s website – where Sustainable NJ listed as a “Business Association” and “Sustainable Business” contact, along with such environmental champions asNJ Business and Industry Assc., NJ Chamber of Commerce, and the Chemistry Council of NJ. As I indicated, this shows how Sustainable NJ is working in partnership with the Christie Administration.]

World Water Day NJ American Water protest (3/22/11)

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Recent Jersey Scandals Share Common Root: Privatization

July 1st, 2012 No comments

Jails, Water Supply, Toxic Site Cleanup, & Forests – Privatization a Failure

 

Three major ongoing scandals in NJ share a common root: privatization of essential public responsibilities and functions to protect public health and safety.

These cases illustrate not only isolated political scandal and corruption, but massive and systemic policy failures.

They show how the pursuit of corporate profits conflicts with the public interest and how political connections corrupt so called “market competition” and invite abuse.

In a functioning democracy, each scandal – individually – is of such a magnitude to trigger widespread public outrage, investigative reporting, and oversight hearings with witnesses subpoenaed and sworn before the rolling cameras – followed by the perp walk.

But, don’t count on any of that or any intrepid journalist connecting the dots and exposing the shared ideological and policy roots of these clearly related scandals.

So, we briefly attempt to begin that work here today.

1. Privatization of Prisons – Crony Capitalism Kills

The NY Times’s remarkable investigative journalism 3 part series: Unlocked: Inside New Jersey’s Halfway Houses” strikes several devastating blows.

A private company, with personal political ties to Governor Christie, got paid 22% more money for providing 11% less service, all while thousands of prisoners escape, and one kills a woman.

The latter has been called “Chris Christie’s Willie Horton Problem”

The Governor, in a blatant and transparent coverup, then vetoes attempts by legislators to uncover the facts.

But read the full NY Times series, for all the ugly details.

A company with deep ties to Gov. Chris Christie dominates New Jersey’s system of large halfway houses. There has been little state oversight, despite widespread problems, The New York Times found.

The Bo Robinson center in New Jersey is as large as a prison and is intended to help inmates re-enter society. But The New York Times found that drugs, gangs and sexual abuse are rife behind its walls.

As financial pressures grow, officials are using vast halfway houses as dumping grounds, The New York Times found. At Delaney Hall in Newark, low-level offenders are thrown together with violent ones. 

Obviously, protecting community safety from convicted criminals is an essential government responsibility – but it has been privatized.

2. Privatization of Toxic Site Cleanup – Murder in Slow Motion

Jeff Pillets of the Bergen Record disclosed that Christie’s Economic Development Authority (EDA) rubber stamped a $335,000 GRANT to an ex-convict with Mafia ties for the cleanup of a toxic site he himself had created, which threatened the drinking water well field of Mahwah, NJ.

(see: Toxic Cleanup Grant To Convict Fiasco Opens A Can of Worms

But the real story is not  limited to the absurdity of giving taxpayer dollars to an ex-con for cleanup of a toxic mess he himself made.

No, the story again exposes a deeply broken DEP cleanup program – and worse, now that failed program has been privatized instead of fixed.

Now, private consultants to corporate polluters (and ex-cons) make life and death decisions that impact the safety of your water supply.

Obviously, protecting the purity of the public water supply is an essential government responsibility – it too has been privatized.

I call it murder in slow motion, as cancer and other diseases associated with drinking polluted water take years to manifest themselves.

3. Privatization of Drinking Water – Failure to Maintain Infrastructure

The Star Ledger reports that a major water supply pipeline broke on Friday, causing havoc in Monmouth county, triggering severe water restrictions during a prolonged heatwave.

(see: Monmouth Water Emergency Illustrates Climate Change Risks and Reveals Deficits in NJ’s Adaptation Planning

NJ has a huge $8 billion unfunded water supply infrastructure deficit.

There is evidence that the pipeline broke due to damage it incurred many months ago during Hurricane Irene.

The private water company responsible for the disaster, NJ American Water Company, apparently failed to maintain and repair critical infrastructure.

NJ American – like all corporations – prefers to channel revenues into short term shareholder profits, instead of invest it in long term infrastructure integrity.

Obviously, safe and plentiful clean drinking water is vital for life and therefore is an essential government function.

But it too has been privatized, and we are just beginning to reap the whirlwind.

4. Privatization of Forests – Clearcuts on the Way?

And, despite this abysmal track record of privatization of essential government functions, legislation is pending that would essentially privatize Nj State Forests and put them in the hands of commercial loggers.

(see: Clearcut of Forest in Mass. Should Doom Pending NJ Legislation)

Where is The Lorax?

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Monmouth Water Emergency Illustrates Climate Change Risks and Reveals Deficits in NJ’s Adaptation Planning

June 30th, 2012 1 comment

NJ Highly Vulnerable But Not Planning for Climate Change Adaptation

 DEP Lacks Capacity to Respond

Adapt or Die

A photo from Monmouth County of the affected pipe (source: Star Ledger)

[Important updates below]

Sometimes serendipity is truly scary.

I was reading a recent Special Report by the IPCC this morning  “Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation” when I learned about the Monmouth County water emergency.

The Star Ledger reports:

MIDDLETOWN — Monmouth County officials and New Jersey American Water Company expanded the boil-water advisory this morning to 22 towns one day after a  90-foot section of a wooden bridge, which propped up the water pipes, collapsed.

Immediately, I realized that the Monmouth event illustrated  exactly what the IPCC Report was all about.

The pipeline break and water emergency reflect a complex interaction of  factors, including:

  • climate change induced extreme weather;
  • high vulnerability (see NJ coastal hazards assessment)
  • lack of effective risk assessment; and
  • deficient adaptation planning, preparedness and response capacity.

I strongly urge that you read the full IPCC Report and consider how the Monmouth water emergency fits within that framework. The extremely relevant infrastructure and tourism discussion is in Chapter 4, starting on page 248.

While the facts are not in and it is way too early to go into a full analysis of the Report here as it applies to the Monmouth emergency, let’s very quickly overview the major contributing factors.

Perhaps this outline can frame and spur followup detailed investigations and begin to develop awareness of the need for NJ to take climate change adaptation seriously and dedicate resources to prevention, planning, and response capabilities.

1. Pipeline collapse example of climate change infrastructure risks

Apparently, the bridge and pipelinemay have been damaged during hurricane Irene. Climate change models predict more frequent and severe hurricanes.

Scientists have warned for years that NJ’s coastal zone is extremely vulnerable to hurricanes and storms. That vulnerability included water infrastructure systems.

The catastrophic  failure of the pipeline occurred during a major extended heat wave, which greatly magnified the emergency response problems due to high water demand and greatly increased the negative economic impacts on summer shore tourism.

The heat wave is consistent with climate change model predictions.

2. NJ’s Infrastructure and Coastal Zone Are Highly Vulnerable to Climate Change Impacts

NJ’s water supply infrastructure is highly vulnerable.

Investments in infrastructure assets have not kept pace with need and there are huge infrastructure maintenance deficits.NJ water supply infrastucture has a $8 billion deficit.

In addition, this water pipeline was located above ground in the vulnerable coastal zone.

3. Lack of Risk Assessment, Adaptation Planning and Response Capacity

This deficit is revealingly illustrated by DEP’s own press release.

Note that the emergency declaration was made by Monmouth County, not the Governor or the DEP Commissioner pursuant to his responsibilities under the Water Supply Management Act

The Act puts the State DEP in charge, not County government.

Under the Act, infrastructure planning and the emergency response policy framework is supposed to be guided by the Statewide Water Supply Master Plan – but DEP is several years behind in updating and releasing that plan.

Similarly, the emergency response guidance to consumers comes from United Water, not DEP!

DEP has abdicated its responsibility and seems completely incapable of leading an effective response.

The really sad part is that no one even seems to recognize this massive set of problems and failures.

The IPCC Report certainly tees up those issues (EXCERPTS OF FINDINGS):

  • Coastal settlements in both developed and developing countries are exposed and vulnerable to climate extremes.For example, the major factor increasing the vulnerability and exposure of North America to hurricanes is the growth in population and increase in property values, particularly along the Gulf and Atlantic coasts of the United States. Small island states are particularly vulnerable to climate extremes, especially where urban centers and/or island infrastructure predominate in coastal locations. Asia’s mega-deltas are also exposed to extreme events such as flooding and have vulnerable populations in expanding urban areas. Mountain settlements are also exposed and vulnerable to climate extremes.
  • Extreme events will have greater impacts on sectors with closer links to climate, such as water, agriculture and food security, forestry, health, and tourism. For example, while it is not currently possible to reliably project specific changes at the catchment scale, there is high confidence that changes in climate have the potential to seriously affect water management systems. However, climate change is in many instances only one of the drivers of future changes in supply reliability, and is not necessarily the most important driver at the local scale. The impacts of changes in flood characteristics are also highly dependent on how climate changes in the future, and as noted in Section 3.5.2, there islow confidence in projected changes in flood magnitude or frequency. However, based on the available literature, there is high confidence that, in some places, climate change has the potential to substantially affect flood losses. Climate-related extremes are also expected to produce large impacts on infrastructure, although detailed Analysis of potential and projected damages are limited to a few countries, infrastructure types, and sectors. 
  • Transportation, infrastructure, water, and tourism are sectors sensitive to climate extremes. Transport infrastructure is vulnerable to extremes in temperature, precipitation/river floods, and storm surges, which can lead to damage in road, rail, airports, and ports, and electricity transmission infrastructure is also vulnerable to extreme storm events. The tourism sector is sensitive to climate, given that climate is the principal driver of global seasonality in tourism demand.
  • Estimates of adaptation costs to climate change exhibit a large range and relate to different assessment periods.For 2030, the estimated global cost ranges from US$ 48 to 171 billion per year (in 2005 US$) with recent estimates for developing countries broadly amounting to the average of this range with annual costs of up to US$ 100 billion.

[Update #1: 7/1/12 – NJ State Climatologist and NJ Press corps remain in denial (read story). They claim that “derecho” (a kind of severe thunder storm) was the cause, but that is merely a description of the type of storm, not the cause of it! Again, reporters fail to connect the dots to the record setting heat wave (109) that provided the energy that drove the storm. Even the Washington Post story  acknowledged a link:

On Friday, a historic, record-setting heat wave covered a sprawling region from the Midwest to the Southeast. All-time high temperatures records of 109 were established in Nashville and Columbia, South, Carolina and tied in Raleigh and Charlotte which hit 105 and 104. Here in Washington, D.C., the mercury climbed to an astonishing 104 degrees (breaking the previous record set in 1874 and 2011 by two degrees),our hottest June day in 142 years of records.

As the intensity of the heat wave, without reservation, was a key factor in the destructiveness of this derecho event – it raises the question about the possible role of manmade climate warming (from elevated greenhouse concentrations). It’s a complicated, controversial question, but one that scientists will surely grapple with in case studies of this rare, extraordinary event. –

[Update #2 –confirming exactly what we’ve been saying for some time and wrote below regarding the “derecho” that hit south jersey, the Asssociated Presss reports:  This US summer is ‘what global warming looks like’

“What we’re seeing really is a window into what global warming really looks like,” said Princeton University geosciences and international affairs professor Michael Oppenheimer. “It looks like heat. It looks like fires. It looks like this kind of environmental disasters.”

Oppenheimer said that on Thursday. That was before the East Coast was hit with triple-digit temperatures and before a derecho — an unusually strong, long-lived and large straight-line wind storm — blew through Chicago to Washington. The storm and its aftermath killed more than 20 people and left millions without electricity. Experts say it had energy readings five times that of normal thunderstorms.

Fueled by the record high heat, this was one of the most powerful of this type of storm in the region in recent history, said research meteorologist Harold Brooks of the National Severe Storm Laboratory in Norman, Okla. Scientists expect “non-tornadic wind events” like this one and other thunderstorms to increase with climate change because of the heat and instability, he said – end]

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Going In Circles on Barnegat Bay – DEP Says No “Impairment”

June 18th, 2012 No comments

DEP: Bay Water Quality “did not cross any barriers of impairment”

Here we go again:

“We have the data already. We’ve had it for years”, said Michael Kennish, a research professor who heads Rutgers University efforts to study Barnegat Bay’s pollution problems. “We know what the problems are. We need to have big stuff done, mandates and requirements imposed by DEP.”  ~~~ Asbury Park Press. 8/6/2010, story by Kirk Moore.

It’s deja-vu all over again:

A similar [TMDL] plan is needed for Barnegat Bay, said Bill Wolfe of Public Employees for Environmental Responsibility, a former DEP official. In addition to the Chesapeake model, New Jersey can look to Florida, where EPA administrator Lisa Jackson is seeking to enforce phosphorus limits on Florida to clean up the Everglades, Wolfe wrote on his blog wolfenotes.com.

“I’m not afraid to listen to Bill Wolfe when he has a good idea,” [Senator] Smith said. Wolfe says he would like the Legislature to take a stronger stance with a bill to require action by the DEP. ~~~  Kirk Moore of thAsbury Park Press story on 9/27/10

Going in circles, today the Senate Environment Committee again heard and released the package of Barnegat Bay clean water and storm water infrastructure bills that Governor Christie vetoed last time, including the TMDL bill. 

As in prior hearings, DEP obfuscated and dissembled regarding the TMDL program.

DEP simply misled the Committee about:1) the current status of water quality monitoring data, 2) the adequacy of current surface water quality standards, 3) whether DEP had assessment methods that accurately evaluated the ecological health of the bay; and 4) how the science, the regulations, and the methods reconcile a huge contradiction: which is that the science demonstrates that the Bay is literally dying and the regulators insist that the Bay is healthy (given current standards and assessment methods).

A TMDL – for “Total Maximum Daily Load” – is the mandatory, science based cleanup program under the Clean Water Act for polluted waterbodies that do not meet current standards, known in regulatory speak as  “impaired waters” .

There was excellent testimony from the head of Maryland’s TMDL program as to why the TMDL is the way to go (listen to it here).

But NJ DEP refused – and was not compelled – to testify about the NJ TMDL program.

The NJ DEP’s own Science Advisory Board (SAB) has said the theTMDL approach is the way to go and “makes the most sense” in their Report last year to DEP Commissioner Martin on the DEP’s nitrogen model. I quote from the SAB Report:

“The most sensitive receptors for for excess nitrate are likely to be estuaries and low nutrient coastal plain streams. Given the nature of estuaries, a load-based regulatory approach (TMDL type approach) would make the most sense. Such an approach, furthermore, would be based on total nitrogen, not nitrate alone. (@ page 8)

The proposed TMDL bill would require that DEP make a determination about whether the Bay is legally “impaired”. An “impairment” determination is based on water quality monitoring data and technical data methods that assess whether the monitoring data shows that the waterbody meets surface water quality standards. An impairment determination is required BEFORE a TMDL can be developed.

Under the Clean Water Act, DEP must follow a sequential process that requires the existence of science (monitoring data), regulatory standards, and assessment methods,  BEFORE a TMDL can be developed.

NJ DEP currently does not have adequate water quality standards and assessment methods for nitrogen, sediment, and eutrophication impacts on Barnegat Bay or estuarine waters.

Here is how DEP describes the process:

The Department then updates the Integrated Water Quality Monitoring and Assessment Methods Document (Methods Document), as needed. This document includes a description of quality assurance and other data requirements, as well as the scientific methods to be used to assess water quality and use support. The Methods Document also explains the rationale for placing waters on the 303(d) List, delisting waters from the 303(d) List, and ranking the priority of 303(d)-Listed waters for TMDL development. A notice of availability for public review of the draft Methods Document is published in the New Jersey Register and a thirty-day comment period is provided. After review and consideration of comments received on the proposed Methods Document, the Department finalizes the Methods Document and publishes it on the Department’s Web site along with the agency responses to public comments received.

After the Methods Document is finalized, the Department compiles all readily available data that meets quality requirements and assesses the data to determine designated use support and compliance with surface water quality standards. The results of these assessments are presented in the Integrated List and the 303(d) List. The Department prepares these Lists as part of the Integrated Report, along with a discussion of the assessment results, water quality trends, other water quality assessments, descriptions of water quality programs and actions taken and planned to restore water quality, including TMDL schedules, as well as monitoring needs and schedules, and makes it available for public review. The draft 303(d) List is submitted to USEPA for approval along with the two-year TMDL schedule and priority ranking.

Pursuant to the federal Clean Water Act, only the draft 303(d) List is subject to public participation requirements. Concurrent with submission to USEPA, the Department posts the draft 303(d) List on its Web site and solicits public comment via Listserv email to interested parties and a public notice published in the New Jersey Register. A thirty-day public comment period is provided. After review and consideration of comments received on the proposed 303(d) List, the final 303(d) List is revised as needed, approved by USEPA, and adopted as a Statewide WQM Plan amendment. A notice of adoption is published in the New Jersey Register along with the Response to Comments and the entire Integrated Report, including the Integrated List of Waters and the final 303(d) List, is posted on the Department’s Web site.

Jill Lipoti, head of DEP’s water quality program testified today that last year’s Bay monitoring data, quote:

“did not cross any barriers of impairment”.

That testimony means that no TMDL is now required and will not likely be required based on this year’s data.

I tried to explain to the Committee why current Surface Water Quality Standards and Water Quality Assessment Methods make it virtually impossible for DEP to make an “impairment” determination, which triggers a TMDL.  

Those interested in going into the scientific and regulatory weeds should listen to the testimony for some of the details – especially the testimony of the head of the Maryland TMDL program testimony and my testimony, which applied that to NJ DEP’s programs.

Here is my followup note to Chairman and sponsor Senator Smith:

Senator – the material below is from DEP’s website. It explains the step by step sequence of data monitoring, water quality standards, assessment, impairment determination, and TMDL. I have excerpted and boldfaced the text that explains why DEP can not make an “impairment” determination for Barnegat Bay – there is plenty of science and monitoring data that proves the Bay is “WQ impaired”. But DEP can not make this regulatory determination because DEP lacks both SWQS and a WQ Assessment methods document. If DEP were serious, they would have revised the assessment methods document and the SWQS, I’ve testified to this this numerous times. Here it is again:

“The Integrated Water Quality Monitoring and Assessment Methods (Methods Document): Details the assessment methods used to by the Department to generate the Integrated Report.”

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Environmental Lobby Day: “Frack, NO – Clean Energy, YES!”

June 15th, 2012 No comments

[Update: 6/18/12 – Chris Hedges’ column today nails what I was driving at in the conclusion to this post. So I will excerpt the key message:

The engine of all protest movements rests, finally, not in the hands of the protesters but the ruling class. If the ruling class responds rationally to the grievances and injustices that drive people into the streets, as it did during the New Deal, if it institutes jobs programs for the poor and the young, a prolongation of unemployment benefits (which hundreds of thousands of Americans have just lost), improved Medicare for all, infrastructure projects, a moratorium on foreclosures and bank repossessions, and a forgiveness of student debt, then a mass movement can be diluted. Under a rational ruling class, one that responds to the demands of the citizenry, the energy in the street can be channeled back into the mainstream. But once the system calcifies as a servant of the interests of the corporate elites, as has happened in the United States, formal political power thwarts justice rather than advances it. –

Hedges then cites Canadian philosopher John Ralston Saul to explain why the current political process is broken and suggest what progressives, environmentalists, and those on the left should be doing instead of working the inside game and on electoral politics:

And the formulation of ideas, which are always at first the purview of a small, marginalized minority, is one of the fundamental tasks of the movement. It is as important to think about how we will live and to begin to reconfigure our lives as it is to resist.   end update]

Hundreds of citizens and activists converged on the Capitol yesterday to ask lawmakers to ban fracking and restore Governor Christie’s diversion of hundreds of millions of dollars of clean energy funds (read the Star Ledger story here).

But this was a traditional Trenton lobbying effort, certainly not an occupation.

Christie’s budget this year proposes to divert another $275 million, for a 3 year total of over $600 million in Clean Energy funds that Gov. Christie has stolen to pay for his corporate tax cuts and subsidies (which the NY Times reports amount to over $1.57 billion thus far).

In prior years, Democratic lawmakers have rubber stamped those budgets.  This year, environmentalists again are demanding that the diversions be stopped and funding restored.

Let’s see if Democrats can make blocking the Governor’s proposed diversion of $275 million in Clean Energy Funds a priority in this year’s budget negotiations.

That will be far more difficult and have far greater positive impacts than passing last year’s symbolic ban on fracking wells (which Gov. Chrisitie CV’s to a temporary moratorium) and this year’s proposed legislation that would ban the in state treatment or disposal of fracking wastewater.

And aside from the politics of the budget, we don’t want readers to forget that the main risk of fracking to NJ comes from proposed Delaware River Basin Commission (DRBC) regulations.

If those regulations are adopted, that would lift the current moratorium and allow 18,000 – 20,000 wells to be drilled in the NY and Pennsylvania portions of the watershed. That drilling would pose not only chemical threats to NJ waters, but would consume BILLIONS of gallons of water.

As one wise environmentalists I spoke with asked me: with all that water going to gas drilling, what will we do during the next drought?

No one is talking about that issue either.

Democrats have run away from critically important legislation they introduced last session (see: A3314 and S2575). That legislation would establish a NJ policy at the DRBC with respect to fracking and prevent Gov. Christie from voting in favor of those regulations.

Christie represents NJ’s interest on the DRBC, and NJ’s vote could determine the outcome.

But, amidst all the praise for Democrats yesterday for enacting largely symbolic gestures, we heard none of that.

Aside from these legislative political stunts, as long as resources, organizing, and the good faith of citizen activists are limited to traditional Trenton inside political games and lobbying, we will continue to lose to corporate interests. I’ll close with a illustrative quote from a recent Chris Hedges column on Daniel Berrigan:

There is one place, Berrigan says, where those who care about justice need to be—in the streets. The folly of electoral politics, the colossal waste of energy invested in the charade of the Wisconsin recall, which once again funneled hopes and passion back into a dead political system and a bankrupt Democratic Party, the failure by large numbers of citizens to carry out mass acts of civil disobedience, will only ensure that we remain hostages to corporate power.

Occupy Trenton supports fracking ban, but environmentalists showed little support for Occupy.

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