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Some of the Costs of the Open Space Diversion

March 8th, 2015 No comments

Deep Cuts At DEP Must Be Restored

A Detailed Look At Water and Monitoring Cuts

Tomorrow (Monday 3/9/15), the Senate Environment Committee will hear the open space funding implementation bill (see S2769).

But, you probably won’t hear anything about that in the press, because the Committee is also hearing a Resolution condemning Governor Christie’s Exxon deal, which is getting press saturation as an emerging scandal.

SCR-158 (Sweeney/Smith, B/Lesniak) (pending intro and referral) – Condemns, and strongly urges rejection of,  proposed $225 million settlement in lawsuit brought by NJ against Exxon Mobil for natural resource damages at Bayway and Bayonne oil refinery sites and certain other sites in NJ.

So, I thought I’d post an analysis put together by John Miller of the NJ Association of Flood Plain Managers of the cuts to various DEP water and monitoring programs caused by the Open Space diversion (does not include the site remediation cuts).

We’ve written about all this many times before.  While we prefer to go to readers and legislators with tightly focused issue briefs (that’s why it’s called Wolfenotes!), Miller goes into much greater detail on the programs that are cut. It’s always good to provide information and nice to get other credible points of view out there, so here goes: thanks John!

NJAFM

Water Resources Impacts of NJDEP CBT reassignment

page3image2072
  • CBT covers roughly 8% NJDEP salaries department-wide; 61 positions in water resources direct and 42  Water Monitoring and Standards staff funded (update 123 jobs)
  • CBT for water resources programs will drop from $15 to $5 million; now $11 million salary/benefits and $4 for operations
  • Barnegat Bay monitoring would be hit (Governor and Sen. Smith’s priority) andother water quality monitoring for the ocean (coastal counties), all surface and groundwater statewide, shellfish monitoring needed by FDA to verify safety of the shellfish industry on the coast
  • Flood projections and warnings would be compromised in floodprone watersheds such as the Passaic and Raritan Watersheds; we can’t be without these systems from a public safety standpoint
  • Drought monitoring and projections would be hampered for underground aquifers; this is where most of South Jersey gets its water for drinking
  • NJ Weather and Climate Network overseen by NJ State Climatologist in jeopardy as result of CBT (or using that money to make up for CBT reallocation); this about $90K per year; this is really important data for climate projections and future conditions

Context

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  • Drinking water quality monitoring, availability, aquifer health, drought monitoring critical for public safety and maintenance of water supply and wastewater operations
  • Flood warning, emergency management operations, projections for evacuations, road closures and public action all crucial for lives and property
  • Shellfish industry monitoring needed to assure public health
  • Water quality for recreation, beach closures, water quality warnings, and ultimately property values in water dependent communities based on water quality improvements that are long term data intensive
  • Articles that have correct detail:

http://www.nj.com/politics/index.ssf/2014/11/open_space_ballot_question_passes_but_threatens_other_

environmental_programs_advocates_say.html#incart_river

http://www.njspotlight.com/stories/14/09/30/ballot-question-to-preserve-open-space-could-hurt-more- than-it-helps/

NJGWS Water Monitoring Networks FY2015 CBT Funding

Seven ambient water monitoring networks and projects in New Jersey are supported by annual CBT state funding of over $1.3M to the New Jersey Geological & Water Survey (NJGWS) and the Water Monitoring Management program (WMM). These are: Stream Gauging, Ground and Surface Water Quality, Ground Water Levels, Coastal Plain Synoptic, Drought Monitoring and Precipitation Mesonet. Networks are cooperatively operated with match funding of $1.3M from the US Geological Survey (USGS).

Network Descriptions and Costs

The Stream Gauging network collects continuous stage and discharge data at 67 stations and low flow data at 45 stations for water supply, watershed management, waste load allocation, site evaluations, floods, droughts and fish & wildlife management. FY2015 NJGWS & WMM funding from CBT is $310K and USGS match is $310K

The Ground and Surface Water Quality networks collects ground water quality information at 150 wells and 114 stream stations statewide and provides information for water resource planning & allocation, watershed management, land use impacts, pollution sources and fish & wildlife management. FY2015 NJGWS and WMM funding from CBT is $363K with a USGS match is $586K to CBT & other funding sources.

The Ground Water Level network collects water level data from 168 observation wells in all the major aquifers and provides long-term status and trends on ground water resources. It documents water use influences on these resources for water supply planning and allocations. FY2015 CBT funding is $91K with a USGS match of $178K.

The Coastal Plain Synoptic determines long-term ground water levels and chloride concentrations in approximately 800 wells in the confined aquifers of the New Jersey coastal plain. Data is needed for water supply planning and allocation decisions and serves as an early warning system for salt-water intrusion and overuse of the aquifers. FY2015 CBT funding is $88K with a USGS match of $150K to CBT & other funding.

The Drought Monitoring network uses satellite telemetry, to provide real-time conditions for streams (47) and ground water wells (20). Additional stream low flow measurement stations (35) and continuous ground water well level recorders (19) are also operated. This network provides information statewide on ambient conditions for quick response to drought (or flood) events. FY2015 CBT funding is $138K with USGS match of $70K.

The Mesonet Precipitation Monitoring network provides real-time precipitation information statewide for use in assessing drought (or flood) indicators. FY2015 NJGWS funding from CBT is ~$180K.

Justification for ongoing support of the New Jersey Weather and Climate Network

Prepared by Dr. David Robinson, NJ State Climatologist December 2014

The New Jersey Weather and Climate Network (NJWxNet) is a real-time network of 58 stations from High Point to Cape May. The NJWxNet provides important information to decision makers involved with protecting the health and safety of NJ residents and those involved with managing the infrastructure and commerce of the state. The network contributes to extreme weather monitoring, drought assessment, other water supply issues, fire danger evaluation and general environmental monitoring across the Garden State.

A rich array of environmental data and derived products are associated with air temperature, precipitation, wind speed and direction, barometric pressure, solar radiation, soil temperature and moisture, fuel moisture and temperature, and snow depth. Observations are gathered via cellular communication on a five-minute basis, quality controlled, archived and disseminated via the web in tabular, graphic and map formats (http://njweather.org). There is at least one NJWxNet station in every county, with the exception of Essex and Union, where nearby stations lie within several miles of their borders.

Currently, the NJDEP provides $90,000 of annual support for network operations. DEP funding has been continuous since the early 2000s, when funding assisted in the purchase and installation of some of the network’s first stations. Presently, NJDEP funds cover approximately 30% of network operating expenses. Other funding comes from the National Weather Service and the US Forest Service. In the past, the NJ Office of Emergency Management and NJ Department of Transportation have contributed some support.

During Sandy, a continuous flow of data from no fewer than 80% of the stations at any point during the storm was maintained and available to the Governor and others at the state emergency management headquarters, to local emergency managers, the National Weather Service, the media and the general public. This included stations up and down the coast. Only stations not solar or generator powered were off line.

The NJWxNet is operated at a much lower expense than a number of weather networks in other states. Any loss of support raises the threat of vastly reducing the reliability and even the existence of the network. Jobs would be lost, stations closed, maintenance reduced, and communication limited.

For further information regarding the NJWxNet please contact Dr. David Robinson, NJ State Climatologist and Professor of Geography, Rutgers University at 848-445-4741 or david.robinson@rutgers.edu.

New Jersey Water Monitoring Networks

In order to assess the quantity and quality of the state’s water resources, the State of New Jersey has developed, and maintains, a number of water monitoring networks. The data collected is used by NJDEP as natural resource “vital signs’ that describe the condition of the state’s water resources and also to determine the effectiveness of their resource management programs. The data are also used by water suppliers, the National Weather Service, the USEPA, the Army Corps of Engineers, and many other government agencies, private water companies and industrial water users .

Seven ambient water monitoring networks and projects in New Jersey are supported by annual CBT state funding of over $1.3M. These are: Stream Gaging, Ground Water Levels, Ground and Surface Water Quality, Coastal Plain Synoptic, Drought Monitoring and Precipitation Mesonet. These networks are cooperatively operated and maintained by the US Geological Survey (USGS). The USGS provides federal matching funds of $1.3M annually.

Stream gaging network- This statewide network collects continuous stage and discharge data at 67 stations and low flow data at 45 stations. The NJDEP uses the streamflow data for water supply planning, watershed management, waste load allocation, drought declarations and response, and fish & wildlife management. In addition, the NJDEP uses this network to insure compliance with the Water Allocation Permit program and to establish regulatory limits for the state floodplain management program. FEMA also relies on the stream flow data to maps flood prone areas for the national flood insurance program. The National Weather Service Mid Atlantic River Forecast Center uses the stream gage network to predict flooding. The real time streamflow data is used by state and local emergency management agencies for their flood warning systems and to order evacuations.

Groundwater levels monitoring network –There are 180 wells used by the NJDEP to assess the condition of the groundwater aquifers across New Jersey. Water level data collected at these wells provides long-term status and trends which are used for water supply planning and allocations and to assess the effectiveness of the state groundwater management programs.

Surface and ground water quality networks – The water quality of the streams and rivers in New Jersey are monitored at 80 locations . The data is used by NJDEP to develop an integrated water quality assessment report and determine whether the waters are meeting water quality standards. The state is required to monitor the surface waters of the state to comply with the Federal Clean Water Act and related state statutes.

The water quality of the state’s shallow ground water is monitored at 150 wells. The locations of the monitoring wells are selected to assess the impact of various land use activities on ground water quality. This data allows NJDEP to identify potential threats to human and ecological health from surface and ground water pollution and provides information for water resource planning & allocation, watershed management, and fish & wildlife management.

Coastal Plain Synoptic – This network determines long-term ground water levels and chloride concentrations in approximately 800 wells in the confined aquifers of the New Jersey coastal plain. Data is needed for water supply planning and allocation decisions and serves as an early warning system for salt-water intrusion and overuse of the aquifers.

The Drought monitoring network – This network uses satellite telemetry to provide real- time streamflow conditions at 47 locations and 20 ground water wells . In addition, low flow measurements are taken at 35 stream stations and continuous ground water well levels are collected at another 19 wells. This network provides information statewide on ambient conditions for quick response to drought (or flood) events.

New Jersey Water Monitoring Networks

The Stream Gaging network collects continuous stage and discharge data at 67 stations and low flow data at 45 stations throughout the state of New Jersey.

These monitoring locations are used to assess and manage the state’s water supply. The NJDEP uses the streamflow data to determine the quantity of water available for water supply and to assess the impact of water withdrawals on that supply. The NJDEP regulatory and enforcement programs use the data to insure minimum passing flow requirements are met by water allocation permittees.

Streamflow data is also used for the NJDEP watershed management programs. Specifically, the data is used to determine waste load allocations, which are needed to set pollutant discharge limits for waste water treatment plants and other dischargers.

The NJDEP uses streamflow data to establish ecological limits of hydrologic flow alteration for their fish & wildlife management programs.

Stream flow data is also used by the National Weather Service to forecast floods, and by the NJDEP, FEMA and the US Army Corps of Engineers to establish the boundaries for regulatory floodplains. State and local emergency managers use this information to plan and manage emergency evacuations during flood events

The Ground and Surface Water Quality networks collect water quality data at 150 wells and 114 stream stations statewide.

The data collected from these monitoring sites are essential to determining the impact of various land uses and other pollution sources on the water quality of the state’s surface and ground water resources.

The data are also used to determine which streams and rivers are meeting the state and federal water quality standards and to develop the list of ‘impaired waters’ as required by the federal Clean Water Act . (see attached article)

The surface water quality data is combined with the flow data from the stream gaging network to determine pollutant loads and to establish regulatory Total Maximum Daily Loads ( TMDL’s).

Water quality data is used to assess water quality trends over time which allows NJDEP to determine the effectiveness of water resource planning, permitting and enforcement programs.page8image19064page8image19336

The Ground Water Level network collects water level data from 168 observation wells in all the major aquifers throughout the state.

The data from this network provides long-term status and trends on ground water resources. It is also used by the NJDEP water supply planning and water allocation programs to document the impacts of water withdrawals on these resources and on other permitted withdrawals.

The Coastal Plain Synoptic determines long-term ground water levels and chloride concentrations in approximately 800 wells in the confined aquifers of the New Jersey coastal plain. Data is needed for water supply planning and allocation decisions and serves as an early warning system for salt-water intrusion and overuse of the aquifers.

The synoptic groundwater network was used to document declining water levels in aquifers along the coast of New Jersey, which resulted in salt water intrusion that threatens public water supplies from Perth Amboy to Cape May City. This network also documented ground water level declines in Cumberland County that were determined to be caused by excessive ground water pumping in the State of Delaware.

The Drought Monitoring network uses satellite telemetry to provide real-time conditions at 47 stream locations and 20 ground water wells. This network also includes low flow stream measurements at 35 stream locations and 19 continuous ground water well level recorders. This information from this statewide network is essential for determining when drought declarations should be issued, for assessing the effects of drought restrictions and deciding when drought declarations can be terminated.

NJDEP Programmatic impacts

The loss of the CBT funds for these NJDEP water monitoring networks could also result in the loss of federal matching funds. In FY 14 the United States Geological Survey provided approximately $1.3 million to support the NJDEP networks. Without the CBT funds, these federal matching funds would be in jeopardy.

The loss of the CBT funding may also affect staffing levels in the NJDEP water resource programs. A total of 123 NJDEP positions in their water resource programs are funded by the CBT. These programs include the New Jersey Geologic and Water Survey, the Bureau of Water Quality Standards and Assessment, the Bureau of Freshwater and Biological Monitoring, and the Water Quality Management Planning Program.page9image19864page9image20136page9image20408

The loss of these positions could adversely affect a number of critical NJDEP water resource programs, including the watershed characterization and management initiative which is assessing the status of the state’s ground-water resources. This initiative requires knowing the geologic and hydrologic properties of a watershed. The New Jersey Geologic and Water Survey contributes essential information for the characterization process including the location, extent, and productivity of aquifers, the distribution and rates of ground-water recharge, data on ground-water quality, and the amount of ground- water discharge to surface streams (base flow).

The Survey also analyzes and reviews hydrogeologic reports submitted in support of water supply diversion applications for the Water Allocations, provides input to Well Permitting on the drilling, abandonment and sealing of wells penetrating multiple aquifers and maintains and updates geologic and hydrologic databases used by Water Supply and DEP permit applicants. In addition, the Survey conducts regional water resource assessments and regional ground water models required by the 1981 Water Bond Act and provides geologic & hydrologic information to the regulated community for locating high capacity industrial and municipal wells.

The Bureau of Freshwater and Biological Monitoring is responsible for monitoring the ambient conditions of the state’s fresh and ground water resources. The data collected is used to assess the water quality of the state’s water resources.

The Bureau of Water Quality Standards and Assessment (BWQSA) is responsible for the development, adoption, and administration of New Jersey’s surface and ground water quality standards. BWQSA is also responsible for conducting and coordinating water quality assessments of all waters of the State, including assessment of data collected by other agencies and watershed associations (e.g., regional and local government agencies and volunteer monitoring organizations). These assessments are reported through the New Jersey Water Quality and Assessment Integrated Reports.

The Integrated Reports are intended to provide effective tools for maintaining high quality waters and improving the quality of waters that do not attain their designated uses (i.e., contain impaired waterbodies). The Integrated Reports describe attainment of the designated uses of surface waters of the State, as specified in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B), which include: aquatic life, recreation, drinking water, fish consumption, shellfish consumption, industrial and agricultural. In addition to identifying impaired waterbodies, the Integrated Reports identify subwatersheds where there is no water quality impairment, i.e., all designated uses are attained.

The primary purpose of the Water Quality Management Planning Program is to establish policies, procedures, and standards which were developed to restore, enhance and maintain the chemical, physical and biological integrity of the waters of the State. Attainment of the water quality standards is essential to protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial and other uses of water.

Water Monitoring Fact Sheet

ACWA Annual Meeting – August 4-7, 2013
Roundtable 3 – Monitoring Program Adaptations: Criteria and More

1. Clean Water Act (CWA) Monitoring Objectives

Monitoring is a core water program. Congress recognized monitoring as the foundation for Clean Water Act implementation when making it one of two eligibility requirements for states receiving 106 grants. The other eligibility requirement is enforcement authority.

CWA Monitoring Objectives include:

  • Establishing, reviewing, and revising water quality standards (Section 303(c)).
  • Reporting on the extent of waters that support the goals of the Act, and determining water quality standards attainment (Section 305(b), 314, 205).
  • Identifying impaired waters (Section 303(d)).
  • Identifying causes and sources of water quality impairments (Sections 303(d), 305(b), 319, 205, 604). Supporting the implementation of water management programs
  • Water quality based permits reflecting receiving water characteristics and assimilative capacity (Section 402).
  • TMDL models using ambient data to develop and validate load estimates (Section 303(d))
  • Watershed Plans, including source water protection plans
    Supporting the evaluation of program effectiveness (Sections 303, 305, 402, 314, 319, etc.).

Additional Monitoring Objectives include:

• BMP effectiveness monitoring
• Emergency response needs baseline data, quick response hazard assessment, and long- term impact assessment (e.g., BP spill, TVA coal ash, Hurricane Sandy, etc.)

2. Key Questions Answered by Monitoring

A State monitoring program that meets CWA objectives should be able to answer the questions below for the different water types (e.g., rivers, lakes, estuaries)and water uses (e.g., recreational, aquatic life). Different monitoring designs may be needed to answer different questions, or to assess various types of criteria.

  • What is the overall quality of waters in the State?
  • To what extent is water quality changing over time?
  • What are the problem areas and areas needing protection?
  • What level of protection is needed and how do we achieve that through point and nonpoint controls?
  • What are the most effective monitoring and assessment indicators to track progress?
  • How effective are clean water projects and programs at protecting and restoring water quality?

3. Programs and Functions Which Depend on Monitoring include:

  • Assessment & Listing – CWA 303(d) and 305(b)
  • Water Quality Standards
  • NPDES Permits
  • TMDLs and Modeling
  • Watershed Protection/Restoration
  • BMP Effectiveness
  • Source Water Protection
  • Fish and Shellfish Consumption Advisories
  • Compliance & Enforcement
  • Emergency Response

4. State Long-term Water Monitoring Strategies

All states develop and maintain a monitoring strategy that describes how monitoring objectives are or would be met, and the resources needed for implementation (Elements of a State Monitoring and Reporting Program, EPA, 2003). For each water type, these plans include: objectives, designs, indicators, quality assurance, data management, analysis and assessment, reporting, resources and infrastructure, and programmatic evaluation.

The State strategies identify monitoring gaps, help States set monitoring priorities, and guide program enhancement funding from the 106 Monitoring Initiative Grant. Examples of funded enhancements include new State lab capacities, fish tissue monitoring, data management, new biological monitoring protocols and index development. Some states have used the strategies, and the identification of monitoring gaps, to secure additional monitoring funding through State legislative mandates.

  1. Potential Funding Sources for State monitoring programs include:
    • CWA 106 base grant – Water Pollution Control Programs
    • CWA 319 grant – Non–point source program
    • CWA 604 grant – Water Quality Management Planning
    • BEACH grant (available at least through FFY14)
    • CWA 106 Monitoring Initiative – For monitoring gaps/enhancements
    • State General Funds
    • State Permitting Fees
    • State Dedicated Funds (e.g., Watershed, Water Monitoring)
    • Leverage Partner Resources – government (federal, interstate, local), private, nonprofit & volunteer
  2. Water Monitoring Councils Assist with Monitoring Challenges
    • Through communication, collaboration & coordination, Councils improve water quality through development of partnerships, sharing data and promoting the efficient use of resources
    • The National Water Quality Monitoring Council (NWQMC), co-chaired by EPA and USGS, includes 10 state representatives and > 40 members from many types of organizations
    • Water resource management in 18 States/Regions is benefitting from the partnerships and data exchange developed through their Water Monitoring Councils
    • State Water Monitoring Councils include: CA, CO, FL, IN, MD, MI, NJ, ND, OH, OK, UT, VA, WI National Water Quality Monitoring Council

EPA Finalizes List of Polluted Water Bodies in New Jersey

PCBs, Arsenic, and Phosphorus are Most Common Pollutants

Contact: John Martin, (212) 637-3662, martin.johnj@epa.gov

(New York, N.Y. – October 24, 2014) From Raritan Bay to the Maurice River in Cumberland County, New Jersey continues to struggle with meeting federal water standards. The U.S. Environmental Protection Agency has approved the 2012 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body does not meet federally- approved water quality standards even after pollution controls have been put in place. A threatened water body is expected to be impaired within two years. The list helps establish regulatory priorities for addressing threats from water pollution.

“Identifying and prioritizing the state’s most seriously polluted waters are important steps in the effort to reduce water pollution,” said Judith Enck, EPA Regional Administrator. “Since the Clean Water Act was adopted, water quality in New Jersey’s rivers, lakes and streams has improved, but we still have a very long way to go. By investing in infrastructure and by implementing green infrastructure to control stormwater runoff, communities throughout New Jersey can improve water quality. Also, the New Jersey Department of Environmental Protection is tackling a decades-old problem by putting in place more stringent regulatory controls at combined sewage outfalls in the Camden and NY/NJ harbor areas. As New Jersey finalizes and fully implements these permits, we expect to see improvements in water quality.”

The most common pollutants causing impairment in New Jersey water bodies includepolychlorinated biphenyls (PCBs) (14% of impairments), arsenic (13%), phosphorus (9%), and low dissolved oxygen (8%). New Jersey’s 2012 list identifies 1770 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state. Seventeen water body/pollutant combinations that were on New Jersey’s impaired waters list in 2010 were not included in the 2012 list, in many cases due to the work of state and local government agencies and local community groups to improve water quality.

The list notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution. A pollutant may come from more than one source.

The Clean Water Act requires states to assess the quality of their waters and to report their findings to the EPA every two years. The list is compiled by the New Jersey Department of Environmental Protection and is a valuable tool for reaching the Clean Water Act goal of “fishable and swimmable” waters for all of New Jersey.

The list specifically includes impaired waters for which the development of budgets for the amount of water pollution allowed is necessary. The budgets define the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards.

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To Tom Moran, With Scorn

March 8th, 2015 No comments

Who were the Christie enablers?

[Don’t miss the PS]

Tom – your column missed a very big part of this story – politics and public policy (see our prior political posturing piece).

The introduced version of the Open Space initiative, sponsored by Smith (SCR84) included a provision to dedicate NRD settlement money to the open space program. (see lines 31-35, page 3):

http://www.njleg.state.nj.us/2014/Bills/SCR/84_I1.PDF

This was done BEFORE the budget language was inserted on the $50 million cap you criticize.

The Keep It Green Coalition – including Deb Mans  – OPPOSED that NRD dedication, and it was stripped from the final version in the Senate Substitute, SCR84 (SCS).

http://www.njleg.state.nj.us/2014/Bills/SCR/84_U1.PDF

[*** 3/9/15 Correction: Spoke with Jeff Tittel this morning – I was wrong. Tittel supported NRD dedication.Sorry for that.]

The Constitutional dedication of the funds would over-ride the legislative budget and prevent any diversion of NRD revenues to the General Fund. So if a one shot revenue gimmick was one of Christie’s motivations, it would have been eliminated.

So, it wasn’t just the Democrats who enabled this dirty deal, it was the same sources you now quote as heroes.

You did the same thing with using Dave Pringle in your editorials that you are now doing with Mans and Tittel.

Why do you reward the quislings, the cowards, the selfish money grabbers,  and the enablers and ignore the truth tellers?

I resent the hell out of it because there was 1 guy who spoke truth from day 1, and I am totally marginalized and perceived as a radical.

Which leads us to the real enablers: the guys who swallowed the Christie spin or lacked the spine to tell the truth, those who wrote all the puff pieces, and the editorials that endorsed the lying bastard.

Wolfe

[ps – we soon will focus on the polluted hell at the Bayway site you describe and explain exactly how the cleanup laws were gutted and the cleanup program privatized by those very same people who now are the biggest critics of Christie’s deal – many of whom have benefitted financially or politically from the gutting of those cleanup laws or done NOTHING to criticize lax DEP and EPA oversight or to resist or assist communities in cleaning up toxic sites.

We will name names, like Lisa Jackson who did a u-turn on her initial recommendations to strengthen the cleanup laws and shepherded the privatization bill through the legislature and Deb mans who worked in the Corzine governor’s office and did nothing to stop it and Bob Smith who sponsored the bill and all the “green” and “sustainability” and  “environmental justice” groups who did nothing and now receive lots of foundation money for doing nothing.

At the same time, those that do work on toxic site were defunded and/or marginalized, while resources were shifted to “the enablers” by the” leaders” of NJ’s Foundations. Again, we will name names, like Chris Daggett at Dodge, who, while presiding over this funding scheme benefitted financially from it by his corporate “brownfields” development work.

We also will talk about those who pimped the NRD program for revenues (see page 14-15), instead of working to strengthen it.

They didn’t care if the public got 3 cents on the dollar in NRD settlements, just as long as they got 2 of those pennies. We will name names, like Mike Catania now basking in tobacco blood money at the Duke Foundation. It won’t be pretty, but more to follow on this topic.]

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Media Confusing Exxon Bayway Remediation (Cleanup) With Natural Resource Restoration

March 7th, 2015 1 comment

The Exxon Deal Is Even Worse Than Portrayed

“Restoration” returns site’s natural resources to pre-discharge conditions

“Remediation” only requires containment or capping, not complete cleanup

Exxon Bayway - Linden, NJ

Exxon Bayway – Linden, NJ

This is just a brief note to clarify a misconception in media reports of the Christie Administration’s controversial sweetheart “Natural Resource Damage” (NRD) deal.

When the press, legislators, and environmentalists figure it out, there will be a whole new round of outrage.

The misconception is understandable, because a lot of political reporters who don’t write about environmental issues are involved, and even the few experienced environmental reporters left are focused on the scandal and political abuses.

The misconception is masking the fact that the Exxon deal is even WORSE than it’s being portrayed (and I don’t mean reduction to $225 million and inclusion of other Exxon sites).

What is actually happening under the deal is that Exxon is being let off the hook for over $6 billion in NRD “restoration” AND they will not be required to completely cleanup the huge toxic mess they made.

  • A Very Basic Distinction Ignored

The Exxon Bayway sites have been under legal requirement to “remediate” – or cleanup – since 1991, under DEP Administrative Consent Orders (ACO).

For 24 years, that has not happened.

The DEP “Natural Resource Damage” (NRD) claim process began in 2004 and the NRD Settlement was announced yesterday. Here’s the critical text from the AGs press release:

 The agreement reinforces ExxonMobil’s obligations to clean up the sites, which are ongoing pursuant to Administrative Consent Orders (ACOs) previously entered into between ExxonMobil and the State Department of Environmental Protection (DEP).

The source of the misconception is conflating and failing to distinguish and explain the environmental and economic differences between “restoration” and “remediation”.

A Natural Resource Damage (NRD) restoration is very different than a remediation, or cleanup.

NRD is in addition to remediation – it can be restoring natural resources in the field at the site, providing equivalent ecological functions or natural resource values off site, and/or financial compensation.

In the Exxon case, I was surprised by the degree to which DEP was using NRD to drive remediation. NRD is a far weaker legal tool than the DEP’s powers to compel remediation, so, that is the red flag that signals what is really going on here.

Here is how DEP defines “restoration” (boldface is mine):

Restoration:is the remedial action that returns the natural resources to pre-discharge conditions. It includes the rehabilitation of injured resources, replacement, or acquisition of natural resources and their services, which were lost or impaired. Restoration also includes compensation for the natural resource services lost from the beginning of the injury through to the full recovery of the resource.

Examples are:

  • GROUND WATER: non-point source pollution abatement projects, acquisition of land for aquifer recharge
  • WETLANDS and HABITAT: rehabilitation or creation of wetlands / habitat in the appropriate ratios to compensate for the functions and services lost
  • INJURED SPECIES: restoration of appropriate habitat and monitoring of success / research projects
  • LOST PUBLIC USE: enhanced public access, information and interpretive centers

Keep in  mind the “resortoration” objective to “returns the natural resources to pre-discharge conditions” and the “lost public use” – they are key and not required under DEP “remediation”.

Here is how DEP defines “remediation”:

“Remediation” or “remediate” means all necessary actions to investigate and cleanup or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation and remedial action; provided, however, that “remediation” or “remediate” shall not include the payment of compensation for damage to, or loss of, natural resources. 

In order to fully understand what “remediation” means, one needs to understand what “remedial action” means:

“Remedial action” means those actions taken at a contaminated site as may be required by the Department, including, without limitation, removal, treatment measures, containment, transportation, securing, or other engineering or institutional controls, whether to an unrestricted use or otherwise, designed to ensure that any contaminant is remediated in compliance with the applicable remediation standards. A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met. 

So, the crucial elements of remedial action and remediation is that DEP allows – at most cleanup sites – for the polluter to install “engineering and institutional controls”.

That is a legal phrase for a cap – merely covering up toxic contamination and leaving it on site. What we call “pave and wave”. 

In contrast, the goal of “restoration” is an action that “returns the natural resources to pre-discharge conditions.”

The distinction, applied to the Exxon site is that the DEP NRD restoration is based on complete excavation of millions of tons of contaminated sludge, soil and sediment from hundreds of acres, sometime to a depth of 20 feet or more.

In contrast, the DEP site remediation program would virtually NEVER require complete excavation of that much contamination and would allow much lower cost cleanup options, like caps,stabilization, treatment, and deed restrictions.

Here’s how DEP spins that huge rollback:

Historically, site remediation required the total removal of the contamination source(s) or implementing permanent means to reduce the contaminant levels to accepted Department standards. It has been found that such permanent remedies may be technically infeasible or cost prohibitive; therefore, the need for and use of non-permanent remedies has become more prevalent.  

So, what the DEP NRD deal really means is this:

  • Exxon is off the hook for over $6 BILLION in “restoration” costs; AND
  • Exxon will be allowed to leave massive quantities of toxic sludge, soil, sediments, and groundwater on site.

That is the worst of both worlds – and when the press, legislators, and environmentalists figure that out, there will be a whole new round of outrageous press coverage.

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As National Debate Focuses On Risks of Unregulated Chemicals and Role of States In Regulation, Dupont In Control of Chemical Safety Under Christie DEP

March 6th, 2015 No comments

Dupont Official Wrote DEP Science Advisory Report on Chemical Safety Screening

Dupont Establishes A Strategic Beachhead Inside DEP Science Advisory Board

This Is Worse Than The Exxon Settlement

Two weeks ago, the NY Times wrote a killer story exposing scientific misconduct and conflicts of interest, whereby a climate denying scientist failed to disclose the fact that he was paid by corporate interests.

I tried to use that story to explain how very similar corporate scientific abuses were happening right now, right here in NJ. (see this post). That was ignored.

Since then, the Christie Administration’s Exxon Bayway refinery settlement has exploded into controversy, another example of corporate influence on Christie environmental policy. But again, the press coverage is focused on the scandal and is ignoring the policy.

Today, the New York Times has another important national story on the debate in Congress on chemical safety.

NJ has been a leader on chemical safety, both in Congress and in State DEP regulatory programs.

Politically, the debate in Congress the Times writes about illustrates the loss of the leadership of NJ’s Senator Frank Lautenberg, whose death has created a void – not filled by corporate friendly Cory Booker –  that has allowed the chemical industry to use a quisling Democrat to do their bidding:

It is a reality that pleases industry officials who have worked to get close to Mr. Udall over the past 20 months, after the death of Senator Frank R. Lautenberg, Democrat of New Jersey, who once led Democrats’ negotiation of a deal with Senate Republicans.

The chemical industry’s tactics and agenda are made quite clear by the Times’ story:

Some of Mr. Udall’s Democratic Senate colleagues and prominent environmentalists say he has helped the industry write new regulations in a way that protects profits more than public health.

Substantively, the Times story raises 3 critical strategic issues that we have exposed here in NJ:

  • the chemical industry is on the inside and virtually writing the law

“I’ve been around the Senate for a long time, but I have never before seen so much heavy-handed, big-spending lobbying on any issue, and what is so worrisome is that the very health and life of our children are at stake,” Ms. Boxer said. “To me it looks like the chemical industry itself is writing this bill.”

  • The chemical industry want to block States from enacting stricter regulations:

Senator Barbara Boxer, Democrat of California, who until last year served as chairwoman of the committee that oversees the Environmental Protection Agency, has been the harshest critic of the negotiations between Mr. Udall and Senator David Vitter, Republican of Louisiana, notably over the language that would prevent states from setting their own, tougher standards.

  • The science of chemical risk screening methodologies of unregulated chemicals is critical:

The most intense disputes are over the pace the E.P.A. will attempt to test the backlog of chemicals whose safety has never been comprehensively assessed. The speed depends in part on how much the chemical industry must pay to cover the cost of tests and rule-making.

So, once again, I will echo a NY Times story with its parallels in NJ environmental policy in hopes that someone in the NJ press corps can connect the dots and look at the key factors here in NJ – unregulated chemicals, chemical risk screening methods, and industry influence in writing the regulations.

I’ve also reached out to Eric Lipton, the NY Times reporter, and pitched this story as a great followup to his national story, particularly in the wake of the Christie Exxon settlement scandal which went national.

So here it is:

PEER recently laid out the story in this Report:

Trenton —Without public announcement, New Jersey has released a report urging that the assessment of emerging chemical contaminants in drinking water be handled by a system developed by the state’s largest chemical manufacturer. This latest development caps a corporate campaign to kill a multi-year effort to address rising levels of unregulated chemicals in New Jersey drinking water supplies, according to Public Employees for Environmental Responsibility (PEER).

Here, in more specific detail, is the how Dupont is on the inside and virtually writing the scientific basis for regulating chemicals in NJ and engaging in gross scientific conflicts of interest:

DEP Commissioner Martin asked his hand picked Science Advisory Board (SAB) to provide scientific recommendations on whether and how to regulate currently unregulated chemicals.

Here’s how the SAB framed Commissioner Martin’s request, technically known as a “charge topic”, in their Final Report;

Issue

Numerous chemicals, some of which may be a potential risk to human or environmental health, are used every day in New Jersey (NJ) for industrial, commercial and household purposes. Contaminants of Emerging Concern (CEC) are those that present a concern for both hazard and exposure. A number of these chemicals may find their way into the State’s wastewater treatment facilities, receiving waters, aquifers and drinking water treatment facilities and other chemicals may be released to air or deposited in soils. CEC have raised concern around the world, as once released, these products pose a potential threat to biota and the environment. To address this issue specifically in New Jersey, the NJDEP Science Advisory Board (SAB) formed the CEC work group which was asked to investigate this issue.

To address those risks of unregulated chemicals, here is a key recommendation from the DEP SAB Final Report on Contaminants of Emerging Concern:

It is recommended that the hazard assessment be conducted using a platform called METIS (Metanomics Information System) developed by DuPont. METIS is a chemical informatics platform that provides a screening level view of potential environmental fate and effects, human health concerns, and societal perception concerns.

Did you catch that?

The DEP SAB recommended a chemical hazard assessment method developed by Dupont, a chemical manufacturer that would be subject to the regulations of those chemicals.

So, now lets walk, step by step, and show how that is a violation of Christie DEP’s own SAB ethics standards:

1. Here are the bio’s/CV’s of two members of the DEP Science Advisory Board who have the conflicts. Both these members were formally appointed by DEP Commissioner Martin (although they were nominated as potential conducted by Corzine DEP):

John Dyksen, United Water (financial contributor to Christie’s London travel soiree)

http://www.state.nj.us/dep/sab/dyksen-cv.pdf 

John Gannon, Dupont (manufacturer of multiple chemicals and owner of several plants regulated by NJ DEP)

http://www.state.nj.us/dep/sab/gannon-cv.pdf

2. Here are the DEP SAB “Ethics requirements” and conflict of interest and recusal standards, with very specific examples that apply to both Dyksen and Gannon:

http://www.state.nj.us/dep/sab/ethics-6-2010.pdf

3. Here is the Rutgers transmittal letter to DEP Commissioner Martin which highlights the role of Gannon and Dyksen in writing a scientific Report to DEP:

http://www.state.nj.us/dep/sab/CECFramework%20Final%20Report.pdf

4. Here is the SAB Report transmitted by Rutgers:

http://www.state.nj.us/dep/sab/CECFramework%20Final%20Report.pdf

5. Note this recommendation from that Report, which specifically recommends a chemical hazard assessment protocol developed by Dupont:

DEP SAB Final Report on Contaminants of Emerging Concern:

It is recommended that the hazard assessment be conducted using a platform called METIS (Metanomics Information System) developed by DuPont. METIS is a chemical informatics platform that provides a screening level view of potential environmental fate and effects, human health concerns, andsocietal perception concerns.

6. If it is not obvious by now, the specific and gross conflicts of interest – based on application of DEP’s own Ethics policy – are as follows:

a) Both Dyksen and Gannon work for corporations regulated by DEP. That is prohibited;

b) both have participated in a scientific topic that “is related to the member’s employment”. That is prohibited. 

c) the report in question, that both participated in writing, involves the potential regulation of chemicals –

Accordingly, it goes without saying that Dupont and United Water have huge financial interests in DEP scientific and regulatory decisions about whether and how to regulate currently unregulated chemicals.

d)  Dupont and United Water gain competitive advantage by:

1) advanced insider knowledge of the development of and methodologies for regulating chemicals; including which chemicals to target for regulation;

2) a inside access and unique ability to influence DEP regulation that is not available to their competitors; and

3) relationships with regulators that are not available to competitors

e) Both Dupont and United Water officials have an obvious professional and employment related bias that would significantly impair their objectivity.

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Walking the Dog – Snow Version

March 6th, 2015 No comments

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