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Archive for February, 2012

What if This Were Your Home or School in Toxic Vapor Crosshairs

February 14th, 2012 No comments

Are You Living in the DEP’s Mapped Toxic “Threat Radius”?

VI

How would you like it if this were your home, or child’s school in the above crosshairs?

Those “Threat Radius lines depict where DEP thinks toxic pollution “vapor intrusion” plumes are located.

DEP has these kind of maps for hundreds of sites, but refuses to disclose them publicly and warn the public about this public health threat.

And that is totally outrageous.

Contact the Governor (609-292-6000) and your legislator and demand that DEP release these maps for all potential vapor intrusion sites in NJ.

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Obama Budget Cuts EPA and Clean Water Funding

February 13th, 2012 No comments

EPA will release major fracking Report in 2012 and fund impact assesments

[Update #2 – Asbury Park Press carries the AP story – this is not funded by EPA’s budget, but it is a cut that is bad for the environment:

On his list of programs to cut, Obama singled out the James J. Howard Marine Sciences Laboratory at Sandy Hook. The 50-year-old facility is a key fisheries lab in the region, studying the effects of climate change and human activities on marine populations along the Jersey Shore.

Update: 2/14/12 – As expected, NO NJ News coverage. Guess editors and enviro’s don’t want to embarrass the home town girl.

But here’s a credibility check on my emphasis, in light of national coverage:

jacksonEPA Administrator Lisa Jackson held a press conference call to brief reporters on President Obama’s FY 2013 proposed EPA budget.

EPA funding will be cut by $105 million (to $8.344 billion) while the State Revolving Fund that supports clean water infrastructure will be cut by $359 million.

It seems extremely shortsighted and counter-productive to be cutting infrastructure funding during a period of such high unemployment, especially when unfunded clean water infrastructure deficits are so large.

Oh well, so much for the Obama fiscal stimulus policy.

Jackson read a prepared statement, stayed on script, and kept her remarks and responses to questions brief. She sounded stiff, almost robotic, and was completely out of the character I know.

Jackson’s rhetoric echoed DEP Commmissioner Bob Martin in emphasizing that EPA “core priorities” will be protected from cuts. There was a lot of rhetoric about “difficult choices” and “tough fiscal times”.

Jackson noted that there would be new funding for air and water impact assessments of natural gas fracking, and that EPA would issue a major Report on fracking in 2012.

It was unclear how the new impact assessments and the Report relate to each other, and whether it is premature to issue the Report until impact assessment is complete. I asked EPA press officer those question but have not yet received a reply.

In contrast with prior budgets, one reporter asked a question and noted that there is no specific budget line for climate change programs. Jackson did not provide a reason for that or say whether climate change program funding was cut.

Here is EPA’s summary of the budget highlights:

Key FY 2013 budget highlights include:

Supporting State Governments. The budget proposes $1.2 billion in categorical grants for states that are on the front lines implementing environmental statutes such as the Clean Air Act and the Clean Water Act. The increases from FY 2012 levels include nearly $66 million for State and Tribal Air Quality Management grants, nearly $27 million for Pollution Control (Clean Water Act Section 106) grants, and about $29 million for the Tribal General Assistance Program.

Protecting America’s Waters. The proposal provides $2 billion for Clean Water and Drinking Water State Revolving funds (SRFs). This will allow the SRFs to finance over $6 billion in wastewater and drinking water infrastructure projects annually. EPA will work to target assistance to small and underserved communities with limited ability to repay loans, while maintaining state program integrity.

Cleaning Up Contaminated Sites in Communities. The proposal includes $755 million in funding for the Superfund Cleanup program which maintains funding to support cleanup at hazardous waste sites that address emergencies (Superfund Emergency Response and Removal) at the nation’s highest priority sites (Superfund Remedial).

Investing in Cutting Edge Research. EPA’s proposed budget provides $576 million to support research and innovation. Science to Achieve Results (STAR) grants are funded at $81 million to conduct research in key areas such as hydraulic fracturing, potential endocrine disruptors, and green infrastructure. Building upon ongoing research and
collaborating with the Department of Energy and the US Geological Survey, a total $14 million investment will begin to assess potential impacts of hydraulic fracturing on air quality, water quality, and ecosystems.

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DEP Meets With Private Consultants Behind Closed Doors

February 13th, 2012 3 comments

DEP continues to keep statewide risks from vapor intrusion under the public and media radar screens

The DEP will hold a closed meeting with Licensed Site Professionals today to explain the new DEP “Vapor Intrusion Guidance” document at 9 am -12:30 pm  in the DEP public hearing room (early bird check in at 8:30 am).

The DEP has never made a public presentation or issued a Report or press release about the statewide vapor intrusion problem – yet they have spent thousands of staff hours behind closed doors with private consultants and lobbyists for polluters.

The meeting is closed to the public, local officials, and the press.

We imagine that DEP would not want to explain to the public why they are letting private consultants make life and death decisions, with no DEP oversight.

The meeting should be open to the public, especially because implementation of the new privatized “Licensed Site Professionals” program is just beginning. There is little transparency and virtually no public involvement in the new privatized toxic site cleanup program, an invitation for abuse and corruption.

The Legislature privatized the DEP toxic site cleanup program in 2009, and DEP has been meeting behind closed doors with industry consultants for almost 2 years writing the rules for the new program.

The fox is not only guarding the chicken coop, the fox designed and built the coop too!

We recently explained serious flaws in the new DEP Vapor Intrusion Guidance:

CHRISTIE GUTS VAPOR INTRUSION SAFEGUARDS – New Jersey Puts Private Consultants in Public Health Driver’s Seat

Trenton – Without public announcement late Friday afternoon, the Christie administration rolled back public health protections against seepage of deadly gases into homes, schools and businesses, according to Public Employees for Environmental Responsibility (PEER). The new state Guidance repeals previous protections and instead defers all decisions to the “judgment” of private clean-up consultants.

In an email to industry “stakeholders” at 4 PM on Friday, the New Jersey Department of Environmental Protection (DEP) unveiled its new Vapor Intrusion Guidance which extends the deregulatory policies of the Christie administration. The new Guidance repeals the prior 2005 Guidance which mandated abatement of vapor intrusion and instead

  • Creates loopholes and”exit ramps” to avoid remediation of vapor intrusion. A key loophole would allow a “phased approach” in which residents could be exposed to vapors for years;
  • Allows vapor intrusion risks to be concealed until future development actually occurs; and
  • Puts a private consultant, called Licensed Site Remediation Professionals, in charge of key remediation decisions, including when to sample, what chemicals to sample for, where to sample, how to interpret screening levels and when to warn people in impacted buildings.

Vapor Intrusion is a problem at thousands of homes, schools, and buildings nearby toxic waste sites, where chemicals from polluted soil and groundwater seep into buildings and poison the people inside.

DEP’s objective for today’s meeting is to “facilitate a working relationship”:

“In order to facilitate a working relationship between the Department and environmental professionals, these training sessions are open to both DEP staff and LSRPs.”

Instead of catering to consultants, DEP needs to build working relationships with the public and local officials in scores of communities across the state that are poisoned by chemical vapor intrusion.

It is outrageous that they continue to serve corporate private interests, instead of the public.

DEP continues to keep the statewide risks from vapor intrusion under the public and media radar screen.

However, vapor problems continue to crop up at scores of sites across the state. The poster child for vapor intrusion is the Dupont Pompton Lakes site, where over 450 nearby homes are poisoned.

The Legislature did not intend for the public to be completely shut out of the process.

Oversight hearings are in order.

Below is complete text of DEP email:

Subject: [SRRA] Technical Guidance Document Training Series * Vapor
Intrusion Technical Guidance
From: SRRA <SRRA@dep.state.nj.us>
Date: Wed, January 25, 2012 11:08 am
To: srra@listserv.state.nj.us

Training on this topic will be held as follows:

* Monday, February 13th from 9:00AM to 12:30 PM (check-in at 8:30 AM) in the DEP Public Hearing Room, 401 E. State Street, Trenton

Program Description of Vapor Intrusion Technical Guidance
The VIT Guidance is designed to help the investigator to comply with the requirements of the Department and properly assess the VI pathway. The technical guidance takes the investigator through the various stages of receptor evaluation, VI investigation, mitigation, monitoring and ultimately termination.

Presenters:
George Nicholas – Moderator
Brian Blum – Langan Consultants
John Boyer – NJDEP
Scott Drew – Geosyntec Consultants

In order to facilitate a working relationship between the Department and environmental professionals, these training sessions are open to both DEP staff and LSRPs. In person attendance is limited, so registration for all attendees will be on a first come first served basis.

Registration
In order for non-DEP staff to attend in person, please register on the LSRPA website at:
www.lsrpa.org

Register for Webinar
To register for the webinar please go to:
https://www1.gotomeeting.com/register/232231321

Presentation Materials
The slides and resulting audio will be posted on the DEP and the LSRPA web sites shortly after the presentation for future reference.

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Baldpate Debate Engaged: Public Access v. Forest Health

February 12th, 2012 No comments
an off leash dog enjoys Baldpate Mountain trail

an off leash dog enjoys Baldpate Mountain trail

[Update: At the outset, without even reviewing documents, there are fatal flaws in Mercer County’s program – by their own admission:

1. The deer hunt did not originate in concerns about forest health or the science of deer management- it was a commitment that preceded any management plan and was made during land acquisition.

2. Worse, the hunt was not established to protect the forest health of the park, but was intended to protect surrounding agricultural lands from deer crop browse;

3. While the county claims to seek to reduce deer population, they allow hunters to bait deer in the park, which attracts more deer to the park;

4. While the county claims to seek to protect wildlife and forest ecology, they allow trucks and ATV’s, which destroy trails and wildlife habitat.

Here are the county’s own words that admit all that (see below for complete letter):

it was stipulated at the time of purchase that there would be a hunt to manage deer. This was set in place to protect the surrounding farms from deer damage.

Booya!

To followup on my post last week regarding my recent experience with closure of Balpate Mountain in Hopewell Township, I contacted the Mercer County Freeholders, Parks Department, and wrote a letter to the editor of the Trenton Times.

The debate in engaged.

We now will make inquiry to determine whether County officials have credible data – including baseline forest health assessments prior to 12 years of the “deer management program” – to demonstrate the claimed effectiveness of hunting in “tremendous improvement in forest health” and promoting wildlife objectives (a few anecdotes about localized reductions of invasive species by a scientist funded by a private organization honoring prior land acquisition commitments to hunters is not what I’m looking for).

We also will closely examine how the Baldpate Park Management plan provides for various user group experiences and balances the competing objectives of hunting, public access, and overall ecological health.

My Feb. 9 Trenton Times letter to the editor and a resident’s response are provided below.

I also provide the response from the County Parks Department. (I left out the really, really offensive “fact sheet” I was given by the Park ranger, titled: HOW OFF LEASH DOGS EFFECT WILDLIFE (sic).

So Bring it! Please feel free to weigh in on this debate. We’ll report back on what we find.

Don’t close Baldpate to benefit tiny special-interest group

I object to the closure of Baldpate Mountain Park in Hopewell Township, so that hunters can make a public park their own private playground.

According to Mercer County’s website, the park is closed to the public for 42 select days from November 2011 to February for so-called “deer management”, a political euphemism for special privileges for hunters.

Park closure included more than half the days in December 2011 and January, including eight of nine Saturdays, making it very difficult for the public to enjoy this special place.

Baldpate Mountain is the jewel in the crown of the Mercer County Parks system. It has spectacular views of the Delaware River, miles of trails through silent forests of tall tulip trees, and it is the only county park where a person can get into the woods and enjoy nature.

The park was purchased with public taxpayer dollars, which makes it a public resource for all people.

One special-interest user group, such as hunters, must not be allowed to dominate and control the use of public space.

Hunters are only a tiny fraction of county residents and park users. Hunters are allowed to bring trucks and ATVs into the park, and damage trails and wildlife.

Park lovers should contact the county freeholders to demand stricter limits on hunting and greater public access. Park managers must immediately ban all trucks and ATVs and require that the damage they make be repaired.

— Bill Wolfe,
Ringoes
The writer, a longtime resident of Hopewell Township, is a former policy director of the New Jersey Sierra Club.

Hunting deer helps promote forest health

I would like to respond to the letter “Don’t close Baldpate to benefit tiny special-interest group” (Feb. 9). I agree that closing access to this tract of land for 38 non-consecutive days does inconvenience some folks who may want to hike through Baldpate during the allotted hunting times. However, the benefits of these hunts far outweigh the inconveniences.

Naturalists, conservationists and scientists have known for some time that the health of a forest is directly affected by the size of a deer herd that inhabits it. Deer must be culled and their numbers maintained or they will overbrowse and destroy low-growing plants. Deer numbers left unchecked create a barren forest layer, which then cannot provide food, cover and nesting for other wildlife. Additionally, overbrowsing promotes the introduction of non-native foliage, which is not conducive to a healthy forest.

Deer overpopulation also destroys new successional forest growth in the form of small trees, which prevents the natural process of forest regeneration. The county and other stewards of open-space properties have come to rely on hunters as the most effective and least costly method of keeping the deer herds in check. These entities are not catering to special-interest groups, but instead are doing what needs to be done so that everyone can enjoy the last few natural forests left in New Jersey. Hunters on these properties are also charged a nominal fee, and those funds are used to maintain and purchase more open space, which benefits us all.

— Robert J. Schulz,
Hamilton   [
My note: Mr. Schulz is a repeat cheerleader for hunting]

Dear Mr. Wolfe,

I am responding to your concerns regarding the County’s Deer Management Program at Baldpate Mountain.  The management program has run for 12 years.  The purpose behind the program is to reduce the deer population in the area by targeting female deer for harvest.  And, over the past few years, there has been tremendous improvement in areas of the forest’s overall health.

In 2008, a forest health study was conducted by Michael VanClef, Ph.D., Stewardship Director of Friends of Hopewell Valley Open Space, to determine the effectiveness and future direction of the Baldpate Mountain Deer Management Program. In the summary of the report, Baldpate Mountain was quoted as “undergoing one of the most significant improvements in forest health of any site in New Jersey. The recovery is dramatic and involves the overtopping of multiflora rose and Japanese barberry by native spicebush.  This example of ecological control of invasive species through direct competition by native species is likely the result of an exemplary deer management program over the last 10 years.”

The County practices deer management at Baldpate Mountain as it is an integral part of the preserve’s overall stewardship. Also, it was stipulated at the time of purchase that there would be a hunt to manage deer.  This was set in place to protect the surrounding farms from deer damage.  I am sure you understand the damage that an overabundant deer herd creates in any forest.  In combination with the invasion of invasive plant species, our forests in New Jersey are at great risk.  When our landscape changed from almost entirely forest to clearings with patches of woods, the deer benefited. The loss of expansive forest eliminated the deer’s natural predators and lawns, fields and farmland became grazing hotspots for deer. With increased food availability and no predators to keep the deer in balance, the population exploded.  The most effective method of managing deer populations is hunting.  I have past experience working at a deer research station that studied the effectiveness of birth control in deer.  Even in a controlled environment, birth control for deer is ineffective, not to mention extremely costly and impossible to implement in the field.

Forty-two days a year are dedicated to deer management at Baldpate.  That leaves 322 days for the recreation of the public.  This, I believe is a small sacrifice our residents must accept for the protection of our natural areas.  Compare Baldpate Mountain to Washington Crossing State Park, just across the street, where there are no deer control measures.  There is a significant difference in the forest quality.  In most of Baldpate’s forest, there is a thick understory that contains native shrubs and small trees.  A stroll across the street will reveal a forest comprised of large trees, which deer browse doesn’t impact and growing underneath them are common invasive plants such as Japanese stilt grass, Japanese barberry, and multiflora rose. These invasive plants regenerate in areas with no deer management because the deer simply do not eat them.  Non-native species, whether they be plant, insect, fish, or virus throw an ecosystem out of balance because they evolved outside of that ecosystem. They have no naturally occurring niche in the habitat they occupy and, in the case of plants, have phenomenal measures of fecundity.

Therefore, when a gap occurs in a forest, native seed will germinate, but be consumed by deer.  The only seedlings that remain are invasive, and they develop into the forest’s understory. This creates a forest of large trees and unproductive shrubbery.  A forest of such simply does not support the organisms that should be found within that forest’s boundaries. Wildflower, salamander, insect and bird species all depend on the correct balance of plant life in a forest.  And, due to the diminished health of this area’s forests, we are losing many of these species.

Hunters are not a special interest group; they perform a vital stewardship role by reducing the area’s overabundant deer.  So, the 42 days that the public is restricted from the mountain are not for the pleasure of an elite group of hunters, they are for the protection and preservation of the County’s largest intact forest; a small parcel of the entire Sourland Mountain Ridge. It is because of this careful management that Baldpate Mountain is habitat to such a variety of threatened and endangered species.

Beyond being a park, Baldpate is also a preserve.  This means that the Park Commission is charged with the responsibility of balancing its recreational uses with preservation.  With all of the activities happening at the mountain, it is important that we have regular Park Ranger patrols there.  Park Ranger patrols are increased during the deer management season to ensure that the public stay off the mountain; not only for their safety, but for the effectiveness of the deer management program.  Rangers also enforce the County’s leash ordinance, to keep dogs safe and also to reduce disturbance on the forest.  Just recently a ranger was designated for this section of the County, which has resulted in increased Ranger presence in these parks.

Baldpate Mountain is owned and managed cooperatively between Mercer County, Friends of Hopewell Valley Open Space, Hopewell Township and the State of New Jersey.  All management practices and public uses of the mountain, including the Baldpate Mountain Deer Management Program, are approved of by these entities.  The hunters that participate in this program include Mercer County residents and individuals from other areas of the state.  Hunters have to apply for a permit to participate in the Deer Management Program. Permits are awarded on a first-come, first-serve basis.  The administration of these permits is not exclusive to any individual, hunting club or private entity.

To address your specific recommendations:

  1. Our hunters, just like the majority of Americans work a Monday  Friday, 40 hour work week.  They too need time to access the mountain.
  2. Currently, some hunters are allowed ATVs for the purpose of retrieving deer and baiting.  Only those with a physical handicap or with a stand in a challenging location are allowed to use ATVs.  Once the County has agreed that deer management is at the maintenance level, and reducing the deer herd is not needed, ATV use will be eliminated from the program.
  3. If the park were to be closed only 20% of the month, that would leave a mere 18 days to deer management.  This would result in an ineffective program.  It would be impossible to meet our harvest goals during such a short period.
  4. Scientific research has been conducted regarding the effectiveness of the deer management at Baldpate Mountain. I can print a copy of the report for you upon request. We will actually be conducting another forest health study in the next year or two.
  5. Nobody can prove who has deposited litter at the preserve, but the program’s rules and regulations state that littering is prohibited.  Any hunter found guilty of any violation will be permanently banned from the program.  Any ATV damage from muddy trails will be repaired.
  6. For simplicity and enforcement of regulations, the park will remain either entirely closed or entirely open to the public. Adding a section of the park that differs from the whole park’s schedule will only add confusion.
  7. The Park Commission posts each of its parking areas with a 24’ x 36’ blaze orange sign.  Each sign clearly states the days that the park is closed.  The word “closed” is printed in large, bold font so that it is easily visible.  The location that you entered the park from is currently owned privately with a public easement.  The landowner is responsible for posting the private property, especially since they follow the State hunting season.

My contact information is below. If you have any other concerns or questions regarding the County’s Deer Management Program, please contact me or my executive director, Kevin Bannon.

Sincerely,

Jenn Rogers

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Feel Like Lettin’ My Freak Flag Fly

February 10th, 2012 No comments

earth-flag

But I’m not givin’ in an inch to fear

Because I promised myself this year

I feel like I owe it to someone.

“Almost cut my hair”  (1970) ~~~~ Crosby, Stills, Nash & Young (listen)

(and check out this awesome acoustic version)

[Update – read James Baldwin’s 1963 classic “The fire next time” last night, and serendipitously came across related ideas on “owing it to someone”. Baldwin powerfully wrote:

Perhaps the whole root of our trouble, the human trouble, is that we will sacrifice all the beauty of our lives, will imprison ourselves in totems, taboos, crosses, blood sacrifices, steeples, mosques, races, armies, flags, nations, in order to deny the fact of death, which is the only fact we have. It seems to me that one ought to rejoice in the fact of death – ought to decide, indeed to earn one’s death by confronting with passion the conundrum of life. One is responsible to life. It is the small beacon in that terrifying darkness from which we come and to which we shall return. One must negotiate this passage as nobly as possible, for the sake of those who are coming after us.

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