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GARDEN STATE ENVIRONEWS 040730

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Jul 30, 2004, 12:34:48 AM7/30/04

040730

GARDEN STATE ENVIRONEWS

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TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} GOVERNOR TO LOBBY NRC FOR OYSTER CREEK SHUTDOWN
{*} ACTIVISTS PUSH FOR REWRITE OF FAST-TRACK LAW
{*} OP/ED: WORRY ABOUT FAST-TRACK BILL, NOT HIGHLANDS
{*} UNION FEARS FAST TRACK 'BURDENS'
{*} ZONING MAP REVAMPED IN EDISON
{*} PARTNERS PROTECT 433-ACRE BUCKHORN SPRINGS TRACT
{*} READINGTON AND DEVELOPER TRY MEDIATION
{*} HOMEBUYERS WANT VIEW OF WOODS, NOT LARGE LAWNS
{*} ACTIVIST JOINS ROCKAWAY TWP CHRIST CHURCH FIGHT
{*} NEW WAYS TO TEST FOR HUMAN EXPOSURE TO CHEMICALS
{*} BACTERIA MAY BE KEY TO MERCURY PARADOX
{*} SBWA'S WATERWAYS STEWARDSHIP PROJECT
{*} EPA CITES COMPANYS SELLING ILLEGAL HOUSEHOLD PESTICIDES
{*} EPA FINES DREDGING COMPANY FOR DISCHARGING ROCK IN OCEAN
{*} KEY HEALTH, ENVIRONMENTAL DATA VULNERABLE TO OBSCURE LAW
{*} EPA GRANT TO STUDY HEALTH EFFECTS OF AIR POLLUTION
{*} VERSION 2.0 OF NJ'S LANDSCAPE PROJECT AVAILABLE
{*} PHOSPHORUS TMDL FOR STREAMS IN RARITAN BASIN - AUG 17

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GOVERNOR TO LOBBY NRC FOR OYSTER CREEK SHUTDOWN

Date: 040729
From: http://www.app.com/

By Nicholas Clunn, Asbury Park Press, 7/29/04

Trenton - The McGreevey administration will turn its attention to
convincing federal officials that the Oyster Creek nuclear power plant
should be shut down, now that plant owner AmerGen has dismissed that
idea.

Opinions held by federal Nuclear Regulatory Commission officials are
crucial to the future of the Lacey reactor. The agency could decide
whether the plant is safe enough to operate 20 years beyond the
expiration of its current license in 2009. AmerGen announced in
February its intention to apply for a license renewal in mid-2005.

The administration plans to "forcefully present" to NRC officials its
case for wanting to close Oyster Creek, said Department of
Environmental Protection Commissioner Bradley M. Campbell in a
telephone interview yesterday.

AmerGen on Saturday rebuffed a McGreevey invitation to join state
officials in developing a plan to decommission the plant. The company
will continue to move full speed ahead in its exploration of a renewed
license, according to a spokesman.

In an exclusive interview with the Asbury Park Press on Friday,
McGreevey said keeping the plant open beyond 2009 would "defy logic."
That same day, McGreevey sent a letter outlining his stance to AmerGen
President and Chief Nuclear Officer Christopher M. Crane.

McGreevey has cited the plant's antiquated design, deteriorating
structure and its close proximity to hundreds of thousands of
residents, especially in the post-Sept. 11, era as reasons to
decommission Oyster Creek.

"This is not a design that would be approved today," Campbell
reiterated yesterday.

The administration will also plan for the economic and safety side
effects that could result if the 650-megawatt reactor shuts down.

The McGreevey administration needs look to into replacing the power
provided by Oyster Creek, said Campbell. Officials may consider
fitting Oyster Creek to use another fuel or discontinuing power
generation at the site and building more transmission lines to import
electricity from other plants.

Legislators in the 9th District have, since January, called on the
state to plan for decommissioning. Under legislation pending in the
state Senate, sponsored by Sen. Leonard T. Connors Jr., and in the
Assembly by Assemblymen Christopher J. Connors and Brian E. Rumpf, all
R-Ocean, the state would create a special council to review the costs,
environmental effects and safety risks associated with closing a
nuclear plant.

Decommissioning is a highly regulated federal process that would take
several years. In the case of Oyster Creek, it would likely include
the plant's immediate dismantling and the lowering of residual
radioactivity so land could be used for other development.

Meanwhile, Rep. H. James Saxton, R-NJ, whose district includes Oyster
Creek and the towns around it, has requested a briefing from DEP
technical experts familiar with McGreevey's concerns regarding the
plant, Campbell said.

Saxton could not be reached for comment yesterday. But a spokesman
for the congressman said in November that Saxton understands the
concerns regarding plant safety and security, but feels that making
improvements in those areas are more practical than abolishing an
established power source.

* * *

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ACTIVISTS PUSH FOR REWRITE OF FAST-TRACK LAW

From: "David Pringle" {dpri...@cleanwater.org}
Date sent: Thu, 29 Jul 2004 09:45:26 -0400

By Alex Nussbaum, Bergen Record, July 29, 2004

Trenton - Environmental groups urged the state to rewrite its map of
where to promote building in New Jersey, saying it leaves areas such
as Bergen and Passaic counties in the cross hairs of developers.

The plea was part of the latest tactic by activists against a new law
designed to fast-track the permitting process for builders. Though
critics still vow to kill the measure in court, they appealed for
changes Wednesday to blunt its impact.

"The fast-track law doesn't level the playing field," said Andy
Willner, executive director of NY-NJ Baykeeper. "It demolishes it."

About 50 advocates with environmental, labor, and civil rights groups
held an unofficial public hearing Wednesday with top regulators from
the McGreevey administration. The activists pushed the government to
enact deadlines, exemptions, and tough standards as they implement the
"smart growth" law, approved last month.

The demands included rewriting state rules to take more land out of
the fast-track areas and setting strict requirements for private
contractors who will take over some permitting duties under the law.
Those consultants will be hired by developers, opening the door for
abuse unless state agencies watch them closely, activists said.

"If this same system applied to our kids' education, you would have
students writing their own exam questions and grading their own
papers," said Ross Kushner, executive director of the Pequannock River
Coalition. Developers, he said, "will be lining up to take advantage
of this."

Environmentalists, who once praised McGreevey's record, have pummeled
him for backing the fast-track law. On Wednesday, his commissioner of
environmental protection assured activists that the administration
wanted many of the same changes.

"The governor clearly directed that the bill be implemented in such a
way that it won't compromise environmental safeguards," Bradley
Campbell said. "There's a generally understood recognition that the
devil is in the details."

The law is designed to make it easier to develop and redevelop land
in more populated parts of the state, such as Bergen County and lower
Passaic County, thus drawing builders away from environmentally
sensitive areas, including forests and reservoirs in upper Passaic.

But the state's idea of the "right" places to grow needs fixing,
critics said Wednesday. The State Development and Redevelopment Plan,
a map of where the state wants to encourage development, is based on
old data that lack important information on water supplies, open
space, and the habitats of endangered species, they argued.

The Pequannock River, for example, supplies water to millions. But
while half of it is protected from development, the other half is in a
fast-track area, Kushner said.

At Great Swamp National Wild-life Refuge in Morris County, four
streams that feed the swamp begin in areas where it will be easier to
build, said Julia Somers of the Great Swamp Watershed Association.

"We know very well if you can't protect your headwater streams, you
lose your resources downstream," she said.

The state Planning Commission is updating the map. But that will take
18 months or more; the fast-track law goes into effect this fall,
opponents noted.

State officials made no commitments at the meeting. Campbell said the
administration should issue guidelines by late September to meet many
of the critics' concerns.

But activists said no amount of changes will be enough to fix what
they consider a terrible law.

"We were given a lot of assurances on this law before, and they all
turned out to be wrong," said Paul Chrystie, executive director of the
Coalition for Affordable Housing and the Environment.

* * *

# # #

NJ Environmental Federation
1 Lower Ferry Rd
Trenton NJ 08628
T: 609-530-1515
F: 609-530-1508
E: dpri...@cleanwater.org
W: http://www.cleanwateraction.org/njef/

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OP/ED: WORRY ABOUT FAST-TRACK BILL, NOT HIGHLANDS

Date: 040729
From: http://www.nj.com/

By Thomas A. Gilbert, Highlands Coalition, July 29, 2004

Now that the New Jersey Legislature has approved the Highlands Water
Protection and Planning Act with overwhelming bipartisan support, and
the governor is expected to sign the legislation, all sides need to
tone down the rhetoric and focus our energies on working together as
best we can to make sure that it meets the many goals we all share.

Throughout the heated debate, no one argued that protection of public
drinking water supplies and threatened open spaces in the Highlands is
not important, even if we disagreed on how best to accomplish it.

Since the Legislature has decided upon the primary means by which
that end will be accomplished, it is time to focus on how best to
achieve our common goals through that process. Cooperation between
local officials and environmental advocates is even more important now
as we face a new threat to the Highlands, the fast-track permitting
bill signed by McGreevey. That could affect approximately one-third of
the Highlands Planning Area, forcing inappropriate development that
the Highlands legislation was careful to avoid, despite claims to the
contrary.

The Highlands Task Force, of which I was a member, strongly
recommended that there be no mandatory growth forced on Highlands
communities. The Highlands bill reflected that recommendation by
making the regional master plan voluntary for the planning area which
includes much of the Warren and Hunterdon County highlands.

There are trade-offs to this approach in that protection of critical
environmental areas in the planning area, of which there are many, is
also voluntary. Everyone should remember that many of these areas
include significant farmland that was excluded from the preservation
area at the urging of the agricultural community.

The bottom line is the Highlands bill will not force communities in
the planning area to accept any growth that they don't want, but the
fast-track law might.

If the Highlands legislation works as intended, the Highlands Council
will create a regional master plan based upon a comprehensive natural
resource assessment that seeks to encourage sustainable development in
appropriate locations, rather than having it sprawl all over the
countryside as is often the case now. Municipalities will have the
option of adopting the master plan and will receive certain benefits
if they do, such as a legal shield and the authority to impose impact
fees on developers.

The fast-track law will undermine this process by expediting growth
in centers and planning areas 1 and 2 before the council can complete
the regional master plan. It enables developers to pay for an
expedited review of permit applications in "smart growth" areas. If a
review isn't completed in 45 days, the permit is approved. The result
could be inappropriate development, pollution and more traffic, and
that is clearly not smart growth.

Local officials and the environmental community have a common agenda
here in that none of us wants to see that happen in the planning area.
We should work together to press the governor and the Legislature to
adopt rules and laws this fall that will minimize the impacts of the
fast-track law on public health and the environment, including
exempting the planning area from the fast-track provisions.

Local officials, including those who opposed the creation of the
council, must avail themselves of every opportunity to work with it,
rather than focusing on legal challenges or punishing landowners in
the preservation area by withholding preservation funds under the
mistaken assumption that those areas are automatically protected. Only
working collaboratively with the council will ensure that the many
valid views of Highlands residents, businesses and local officials are
considered.

The Highlands legislation is admittedly complicated, but the rampant
misinformation that has been spread about it has caused unnecessary
fears. Once local officials and citizens in the Highlands learn the
facts, they will see that it will not force unwanted growth on their
communities. The fast-track bill is another story.

- - -

Thomas Gilbert is executive director of the Highlands Coalition. He
can be reached by email at tgil...@igc.org

* * *

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UNION FEARS FAST TRACK 'BURDENS'

Date: 040729
From: http://www.nj.com/

SPEAKING AT HEARING, REPRESENTATIVE SAYS
BILL TO REQUIRE $80M AND 800 NEW WORKERS

By Terrence Dopp, Express-Times, July 29, 2004

Trenton - Taxpayers will need to fund 800 new workers and spend an
additional $80 million for the state Department of Environmental
Protection under a law allowing fast-tracked environmental permits, a
union official said Wednesday.

The estimate is the first of its kind since Gov. James E. McGreevey
enacted the law which guarantees developers 90-day approvals on most
state permits needed to build in designated smart-growth areas in
exchange for paying higher fees.

Under the legislation, the departments of Community Affairs and
Transportation will also be subject to the guidelines.

"Fast track will permanently place a new burden" on DEP workers, said
Adam Leibtag, a representative for Communications Workers of America.

To deal with this added load, Leibtag recommended the DEP raise
application fees across the board; aggressively enforce the higher
fees; and place all of the larger fees into a dedicated account to
cover the cost of the laws.

Leibtag's comments came as environmentalists held a public hearing on
the law.

New Jersey's environmental community has vigorously opposed the
legislation.

DEP Commissioner Bradley Campbell and other state officials received
an earful of complaints on the law from more than a dozen
environmental groups.

In Hunterdon and Warren counties, environmentalists said, the law
will speed up building projects lying just outside the 145,000-acre
Highlands preservation core. They cite Greenwich and Lopatcong
townships, as well as the entire Phillipsburg region, as places likely
to see more construction.

It has met with disapproval from many government officials and
environmental groups. All of the Garden State's major conservation
groups have joined in a lawsuit opposing it.

"I've never seen community groups and the environmental community as
energized and as galvanized and as strong as we've seen with this
bill," said Jeff Tittel, director of the New Jersey Sierra Club. "This
is a bigger disaster than the Exxon-Valdez hitting the Titanic. It
affects so many different environmental programs."

The intent of the law and new post, according to state environmental
officials, is to streamline the process for developers building in
areas slated to receive growth. Its supporters maintain the law will
bring certainty to a complex process and guide new housing and
commercial development into those areas able to sustain growth.

"The devil is in the details," Campbell said. "There seems to be an
assumption that time always works to the benefit of the environment. I
disagree with that."

He said time is "neutral" during hearings on projects, alternately
working in favor of builders and environmentalists.

"The perception that this is a step backward...is something that I
would ask you to reconsider," Campbell told about three-dozen people
at the meeting.

Along with speeding up the approval process, the initiative also
creates the position of smart-growth ombudsman. The development czar
will coordinate the issuance of permits by the DEP, and the
Transportation and Community Affairs departments.

Gov. James E. McGreevey has tapped DCA Commissioner Susan Bass Levin
for the position.

With the new position, Levin will also serve simultaneously as the
chairwoman of the Meadowlands Commission and Council on Affordable
Housing, and she will sit on the state Planning Commission.

Terrence Dopp is Trenton correspondent for The Express-Times. He can
be reached at 609-292-5154 or by email at td...@sjnewsco.com.

* * *

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ZONING MAP REVAMPED IN EDISON

Date: 29 Jul 2004
From: "David Wheeler" {dwhe...@edisonwetlands.org}

By Jerry Barca, Home News Tribune, 7/29/04

Edison - While residents won't see immediate changes, the mayor says
the newly adopted zoning map will create the unlikely marriage of
development and preservation in the future.

After 45 minutes of public comment last night, the Township Council
voted 6-0 to adopt a zoning map matching the master plan.

The biggest change isn't really a change at all. In Raritan Center, a
sprawling tract of offices in South Edison, 2,350 acres have been
rezoned and renamed the Raritan River Revitalization District. The new
district encompasses areas which used to be zoned for light industry
or research office labs.

The rezoning is based on recommendations from the Planning Board.
Council members said the zoning map will protect them from lawsuits by
developers looking for variances to build in Edison.

At the meeting, representatives of JFK Medical Center opposed the
zoning map. Hospital officials want to build a 180-bed nursing home on
property that is now zoned for residential use.

The hospital sent an attorney and a planner to argue the point that
homes would be impractical, mainly because the only entrance to them
would be through the medical campus.

Three residents from an assisted-living home near the proposed
nursing-home site spoke in favor of the hospital's plan. Then the
hearing began to sound like a Planning Board meeting, with residents
arguing for and against the nursing home.

"The rezoning of this property is not part of this ordinance," said
Township Attorney Louis Rainone, putting an end to the nursing-home
debate.

Meanwhile, the changes made to Raritan Center will be followed up
with a second set of new zones by the end of the year. That set will
use 50 to 60 acres to create Mayor George Spadoro's vision for
riverfront redevelopment.

There will be restaurants, a small number of housing units, and a
marina with a ferry to New York City. The rest of the redevelopment
area will restore 1,000 acres of wetlands, which will be traversed by
walking trails, Spadoro said.

The mayor said he understands environmental issues will play a major
role in redevelopment.

The property owners, Federal Business Centers and Summit Associates
Inc. are currently delineating which wetlands can be developed. Once
that is complete, the township can move forward with further rezoning,
township officials said.

The redevelopment area is also part of the former Raritan Arsenal,
where the Army manufactured and shipped ammunitions and explosives
from 1917 to 1963. The Army Corps of Engineers continues to clean
contaminants from the site.

Bob Spiegel of the Edison Wetlands Association said the Raritan
Arsenal cleanup will never be declared complete, and that there are
hazardous and toxic wastes throughout the revitalization zone.

"It may be a decade before people can come down and utilize the
waterfront," Spiegel said.

Spadoro said he did not want to set a timeline for the project's
commencement.

"Speed is not necessary here. It's getting it done right," the mayor
said.

The new map does not include zoning for the Ford Motor Co. and Revlon
sites, nor does it address Spadoro's plan for a senior-citizen village
near Jackson Avenue. Those zone changes will occur as redevelopment
plans come to fruition.

"To make those zoning changes now would leave us with no ability to
control changes in the redevelopment process," said John Covello,
Spadoro's chief of staff.

* * *

# # #

Edison Wetlands Association
4055 Woodbridge Ave
Edison NJ 08837
T: 732-661-1660
F: 732-661-9640
E: rari...@aol.com
W: http://www.edisonwetlands.org

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PARTNERS PROTECT 433-ACRE BUCKHORN SPRINGS TRACT

Date: 29 Jul 2004
From: {dep...@dep.state.nj.us}

NEW STATE WILDLIFE MANAGEMENT AREA CREATED IN THE HIGHLANDS
DEP, TPL, LOCAL PARTNERS PROTECT 433-ACRE BUCKHORN SPRINGS TRACT

July 29, 2004

White Township - The Trust for Public Land (TPL) and the New Jersey
Department of Environmental Protection (DEP) today announced the
preservation of the 433-acre Buckhorn Springs property in White
Township, Warren County. The property, which was purchased with state,
federal, county, local, and nonprofit funds, contains pristine
wetlands, slopes, forested ridges, and a native trout production
stream called Buckhorn Creek. The DEP Division of Fish & Wildlife will
manage the land as a new wildlife management area that will be open to
public use for hunting and passive recreation such as fishing, hiking,
and bird watching.

"The protection of these 433 acres in the New Jersey Highlands will
protect wildlife habitat, ensure public recreation opportunities, and
preserve the drinking water supply for millions of New Jersey
residents," said Terrence Nolan, project manager for the Trust for
Public Land, a nonprofit land conservation organization, which
negotiated the purchase of the property from a private landowner. "TPL
is grateful to all of our partners for their willingness to come
together when it mattered most to protect this critical parcel."

"The preservation of Buckhorn Springs reflects Governor James E.
McGreevey's leadership in the protection of water resources and the
expansion of fishing access," said DEP Commissioner Bradley M.
Campbell. "Trout fishing is among the most popular recreational
activities enjoyed by the 14 million people who visit the Highlands
each year. Buckhorn Springs offers opportunities for hunting, fishing,
and hiking that make the property an excellent addition to the State
of New Jersey's impressive collection of wildlife management areas."

State, county, federal, and local sources provided funding for the
$3,253,950.00 purchase. The DEP Green Acres Program provided
$2,003,950 in State Acquisition funds and a $500,000 Nonprofit Grant
to the Phillipsburg Riverview Organization. The Warren County Open
Space Trust Fund $500,000 in matching funds for the Green Acres
Nonprofit Grant, and the White Township Open Space Trust Fund
contributed $250,000 toward the purchase of Buckhorn Springs. The US
Forest Service's Forest Legacy Program will provide $1.64 million to
reimburse the DEP Green Acres Program.

The federal funds were secured through a congressional appropriation
with the strong support of the New Jersey Delegation, especially
Representative Rodney Frelinghuysen, a senior member of the House
Appropriations Committee; Senators Jon Corzine and Frank Lautenberg;
and Representative Scott Garrett.

"Preserving open space and protecting vital water supplies is a major
priority for all of us in New Jersey," said Senator Corzine. "I am
proud that Senator Lautenberg, Congressman Frelinghuysen, Congressman
Garrett, and I were able to gain federal funds to help secure the
preservation of Buckhorn Springs for generations to come."

"New Jersey is the most congested state in the country and as a
result more and more of our prized open space is being used up
everyday," said Rep. Garrett. "This vital funding will address this
serious threat immediately and will continue to ensure that our
natural resources are better protected and remain viable for our
future generations."

"Buckhorn Springs and the entire Highlands region sit at the center
of the most densely populated area of the country," said Rep.
Frelinghuysen. "This funding we have secured for the preservation of
Buckhorn Springs reaffirms our continued commitment to protecting the
watershed, pristine land and natural beauty of the entire Highlands
region."

"Areas like Buckhorn Springs are the gems of our state," said Senator
Lautenberg. "They deserve special protections and we will continue to
fight for federal funding to preserve them."

The preservation of Buckhorn Springs will protect significant water
resources. The tract contains a pristine trout production stream,
which feeds a reservoir on the property that formerly served as the
direct water supply for the town of Belvedere, New Jersey. The
property also includes views of the Delaware Water Gap.

"The Warren County freeholders are unanimous and genuinely pleased to
support this accomplishment for land acquisition in an environmentally
sensitive region of the county," said Warren County Freeholder
Director Rick Gardner. "In addition, saving 400 plus acres in
perpetuity will be a great a benefit for not only the taxpayers of
White Township, but for use by the general public of Warren County."

"It's a home run, a very good investment. By putting in what is a
relatively small amount of money, we have leveraged county, state, and
federal funds to protect an important piece of property," said Mayor
of White Township Jim Hausman. "This is a great way to protect land
that costs the citizens of our town a very small amount of money. I
give the Trust for Public Land a lot of credit for their hard work
pulling everything together."

"Scott's Mountain now has over 400 preserved acres for all to enjoy
its beauty and resources. This wouldn't be the case were it not for a
few local volunteer citizens and, of course, the open-minded
landowners who have now sold for preservation purposes, versus
development, and have left this wonderful legacy of Buckhorn Springs,"
said Andrea Hayde, vice-chairperson of the Phillipsburg Riverview
Organization.

Preserving open space in the Highlands is one of the State of New
Jersey's top priorities. During Governor James E. McGreevey's first
term in office, the state has preserved an estimated 7,879 acres of
farmland in the Highlands, protected approximately 23,000 acres of
open space in and around the Highlands, and protected many of the
region's waterbodies through Category One designation. In November
2002, voters approved Public Question No. 1, which will provide $150
million toward the purchase of open space and farms in the Highlands
region and throughout the state.

The Trust for Public Land is a national nonprofit land conservation
organization that conserves land for people to enjoy as parks,
gardens, and other natural places, ensuring livable communities for
generations to come. With a state office in Morristown, TPL has been
active in the protection of the Highlands for more than a decade. To
date, TPL has helped protect approximately 27,500 acres in the New
York-New Jersey Highlands.

The DEP Green Acres Program purchases land to protect environmentally
sensitive open space, water resources and other significant natural
and historical open space. Land acquired becomes part of the statewide
system of parks and forest, wildlife management areas and natural
areas.

Since Governor McGreevey took office, the Green Acres Program has
acquired 65,164 acres of open space-43,668 acres for state projects,
10,703 acres for local projects and 10,793 acres for nonprofit groups.
To date, the Green Acres Program has protected more than 547,557 acres
of open space and provided funding to develop hundreds of parks
statewide. The statewide system of preserved open space and farmland
totals more than 1.26 million acres.

Earlier this year, TPL and the DEP Green Acres Program also partnered
to protect the 1,200-acre Gerard Woods property in Sussex County and
added 600 acres to Allamuchy Mountain State Park in Mount Olive
Township, Morris County.

* * *

Susan Clark Trust for Public Land, 212-677-7171, susan...@tpl.org

Jen Spallone, Media Relations, 212-572-0767

Erin Phalon, NJ DEP, 609-984-1795, erin....@dep.state.nj.us

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

READINGTON AND DEVELOPER TRY MEDIATION

Date: 29 Jul 2004
From: "Steven Sacks-Wilner" {ste...@sacks-wilner.com}

HOUSE BUILDER FILED STATE AND FEDERAL SUITS
WHEN TOWN BLOCKED APPROVALS

By Matthew Reilly, Star-Ledger Staff, July 28, 2004

Readington Township officials and an attorney for a local developer
are meeting with a mediator - at the request of a federal court
judge - to try to settle a lawsuit over the township's blocking of
approvals for the construction of some homes.

Readington Mayor Julia Allen and Arnold Lakind, a lawyer representing
builder Mark Hartman, would say only that they met once earlier this
month for closed-door talks with a mediator. They would not discuss
the nature of the talks, nor would they say if and when a second
meeting has been scheduled.

Allen said U.S. District Court Judge Stanley Chesler suggested both
parties enter mediation in an attempt to settle the case. At issue is
a zoning change adopted in 1998 that changed roughly 50 percent of the
township from requiring 3-acre lots for houses to 6-acre lots. Allen
said five developers and landowners sued, and four of them settled in
the first year.

Also at issue in the federal suit, in which Hartman charges the
township with civil rights violations, and in a state court proceeding
over Hartman's proposed development are secretly tape-recorded
conversations between town officials and private investigators hired
by Hartman.

In one of the tapes, Allen allegedly said she had "slowed the thing
down" by voting against sewer permits for Hartman's development, even
though she knew her decision would be reversed.

Allen was also recorded telling the investigator how the township
would steer business to appraisers who cooperated with the township.

"We get to know which appraisal gives us the numbers that are the
ones we need, or someone that's off the wall we stop sending them
bids, you follow me?" Allen said. She also described Hartman as "sort
of our archenemy" in another tape-recorded conversation.

The tapes in both the federal and state lawsuits have been ruled to
be admissible as long as the recordings are audible.

The mediation talks involve only the federal lawsuit.

"Readington had an agreement to enter mediation at request of the
federal judge," Allen said. "We did have a meeting, and we have none
scheduled subsequent to that."

* * *

Matthew Reilly works in the Hunterdon County bureau. He can be reached
at mre...@starledger.com or (908) 782-8326.
Copyright 2004 The Star-Ledger.

# # #

Steven L. Sacks-Wilner, Esq.
489 Dutchtown-Zion Rd
Skillman, NJ 08558-1307
ste...@sacks-wilner.com
Tel. & Voice Mail: 908.359.8884
Fax: 908.359.5550

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HOMEBUYERS WANT VIEW OF WOODS, NOT LARGE LAWNS

Date: 040728
From: http://www.umich.edu/

NEW MARKET FOR DEVELOPERS

University of Michigan News Service, June 29, 2004

Ann Arbor, Mich. - People prefer a view of the woods over a manicured
lawn, a new University of Michigan study found, suggesting a
potentially huge untapped real estate market for conservation
developments.

The U-M study debunks a myth that people want big homes and big lots
and suggests residential alternatives that could be hugely popular if
marketed properly, said Rachel Kaplan, professor of environment and
behavior at the School of Natural Resources and Environment.

Kaplan co-authored the study with her husband Stephen Kaplan, a U-M
professor with joint appointments in electrical engineering and
computer science and psychology, and Maureen Austin, assistant
professor of environmental science and outdoor studies at Alaska
Pacific University.

The study also showed that misuse and misunderstanding of the term
"open space" fuels the myth that people prefer big lots.

The scientists surveyed residents in 18 subdivisions in Livingston
County's Hamburg Township, Mich., the fastest growing county in the
state. Some of the subdivisions were conventional, meaning large lots
and homes, others were "conservation" developments, a concept
developed by Rhode Island-based environmental planner, Randall Arendt.
These residential communities preserve the most valuable natural
features of the subdivision as a communally-owned resource and site
the homes on smaller lots which take advantage of the nature views.

The majority of residents in both conventional and conservation
subdivisions said that a "nature view from home" of wooded areas was
their top priority in a home site, but the view of the woods was
largely unavailable in the conventional developments, Rachel Kaplan
said.

Yet, those same conventional subdivisions had more of what planners
call "open space" than their conservation community counterparts.

"The most significant thing that came out of this study is that the
myth that big homes on big lots are what is most important to people
and therefore everything that happens is market driven is wrong,"
Stephen Kaplan said. "To finally show that this is not preferred by
the people who live there is the last blow. While people who own big
houses on big lots like them, even they placed a much higher priority
on having a nature view from home."

Part of the problem stems from confusion caused by the term "open
space" as used by planners, and misunderstanding of the term by
developers and homebuyers, the study concluded. One can have acres of
open space, Rachel Kaplan said, but no preserved natural features. A
lawn is not a natural feature, Kaplan said.

Part of the solution is to properly define open space and use more
accurate terminology altogether, they said. For example, planners
could use the term "conservation ordinance" rather than the misleading
"open space ordinance" for areas marked for preservation from
development.

- - -

For more information on Rachel Kaplan, visit:
http://ipumich.temppublish.com/public/experts/ExpDisplay.php?ExpID=404

For more on Stephen Kaplan, visit:
http://ipumich.temppublish.com/public/experts/ExpDisplay.php?ExpID=405

* * *

Contact: Laura Bailey
Phone: (734) 647-7087 or (734) 647-1848
Email: bail...@umich.edu

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

ACTIVIST JOINS ROCKAWAY TWP CHRIST CHURCH FIGHT

Date: 040729
From: http://www.dailyrecord.com/

By Rob Jennings, Daily Record, 07/28/04

A prominent environmental activist who played a key role in garnering
legislative support for the Highlands bill is coming out against
Christ Church of Montclair's controversial building plan on Green Pond
Road.

Jeff Tittel, director of the New Jersey chapter of the Sierra Club,
said Wednesday he is concerned about potential groundwater
contamination and other issues pertaining to the 5,000-member church's
proposed campus.

Church officials maintain the plan would not harm the environment.

Tittel charged that any groundwater treatment plan at the
environmentally sensitive, former Agilent Technologies site -
currently under a $14 million purchase agreement with Christ Church -
would contaminate nearby streams and wells.

"We think we should be building these kinds of facilities in places
like Dover and Morristown, where there's existing sewer and water and
where people already live - where there's buses and trains," Tittel
said.

"Just like we're critical of malls and shopping centers, it's no
different with a church," Tittel added.

Planning board hearings on Christ Church's proposed 3,000-seat
sanctuary, private K-5 school and other facilities are on hold until
September, pending review of the Highlands bill, which lawmakers
approved in June and Gov. James McGreevey has pledged to sign.

The bill, aimed at protecting drinking water, places strict
restrictions on development in a 395,000-acre preservation area that
includes the Agilent property.

In response to Tittel's remarks, Christ Church spokesman Marc
Weinstein said the church's proposal could be carried out without
adversely impacting the environment.

"The church's proposal : will be in full compliance with all
environmental regulations. This will be made apparent in future
testimony before the township planning board," Weinstein said.

Christ Church's pastor, David Ireland, said last month that the
Highlands bill would result in only modest modifications.

"We believe Mr. Tittel's assertion that the church's building plan
poses an environmental risk is essentially without merit," Weinstein
said.

Tittel countered that just because a building application meets the
required standards doesn't preclude any impact on the environment. He
speculated that nitrates, phosphorus, chemicals and dust from cars
from the 107-acre site might end up polluting the Rockaway River and
wetlands.

"Churches can cause environmental damage, just like office
buildings," Tittel said.

"I don't think it's the appropriate place. That's an area that should
be protected," he added.

Tittel added the Sierra Club had not formally taken a position
against Christ Church's application but might oppose the wastewater
treatment plan when it is discussed before the planning board. He
didn't specify what led to the Sierra Club's interest in the
application.

Tittel said the Sierra Club has a history of opposing large
developments, including the Rockaway Townsquare mall when it was built
in the 1970s because it impacted wetlands.

Tittel said he didn't know whether his organization had opposed
Agilent's plans - the company employed 1,000 people in a large
building at the site in its heyday - but noted that the Sierra Club
had generally objected to development in the Green Pond Road area.

Tittel's advocacy for the Highlands bill last spring put him at odds
with almost the entire Republican legislative delegation in Morris and
Sussex counties, though Rockaway Township Mayor Louis Sceusi, a
Republican, was a bill supporter.

Tittel said his group currently opposes a sewer plant that a church
wants to build in Bernardsville, near the Great Swamp.

"I don't have anything against churches," Tittel said. "It's no
different than if somebody is building a concert hall or a movie
theater. You have to look at the use it generates, not what it is."

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

NEW WAYS TO TEST FOR HUMAN EXPOSURE TO CHEMICALS

Date: 29 Jul 2004
From: "Peter Montague" {Pe...@rachel.org}

Environmental News Service, July 29, 2004

Atlanta, Georgia - Assessing human exposure to chemical agents is the
focus of a special edition of the "Journal of Analytical Toxicology,"
issued Wednesday as a collaborative project with the Centers for
Disease Control and Prevention (CDC).

The 15 journal articles will serve as a preview of new techniques and
methods that have been developed and are used by the National
Biomonitoring Program (NBP), which is part of CDC's Environmental
Health Laboratory.

The program specializes in measuring toxic substances or their
metabolites in human specimens, such as blood or urine. The NBP has
developed methods to measure about 300 environmental chemicals from
two to three tubes of blood and a regular urine sample.

"Exposure to chemical agents is a relatively modern concern and the
literature base describing methods for detecting exposure is scant,"
said Dr. John Barr, a CDC research chemist and guest editor of the
journal. "This research is the most complete compilation of methods
and data related to biomonitoring for chemical agents."

The articles highlight new methods using state-of-the-art instruments
to measure low-level exposure to chemicals, including, those that
might be used by terrorists, such as nerve agents, sulfur mustard
agents, and cyanide compounds. Detailed animal exposure information
and reference values for assessing potential human exposure is
provided.

In a chemical event, biomonitoring data provides information about
the extent of exposure in a given individual and the proportion of a
population affected by the exposure.

The methods described in the journal will be used to identify people
who need treatment, those at risk of developing long-term health
effects or delayed health effects, and those who are worried that they
may have been exposed to a chemical agent. The methods also will be
used to assist in other disciplines like forensics.

Abstracts for the special issue can be found at
http://www.jatox.com/current.htm

* * *

# # #

Rachel's Environment & Health News
Environmental Research Foundation
POB 160
New Brunswick NJ 08903-0160
T: 732-828-9995
F: 732-791-4603
E: e...@rachel.org
W: http://www.rachel.org

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BACTERIA MAY BE KEY TO MERCURY PARADOX

Date: 29 Jul 2004
From: "Peter Montague" {Pe...@rachel.org}

By Rebecca Renner, Environmental Science & Technology, July 28, 2004

A study of two New Jersey lakes and the bacteria that live in them
could help unravel the paradox of why fish swimming in waters with
very different levels of mercury contamination can often have similar
methylmercury concentrations. Microbiologist Jeffra Schaefer and
colleagues in Tamar Barkay's Rutgers University lab present evidence
that bacteria that efficiently break down methylmercury thrive in the
waters of contaminated sites but are largely absent at more pristine
sites. By reducing the proportion of a waterbody's total mercury that
stays methylated, these bacteria can significantly reduce the toxic
metal compound that gets into the food web and hence into fish.

Mercury contamination is so widespread in the United States that some
40 states have issued advisories against frequent consumption of
freshwater fish. What to do about mercury is high on the political
agenda, as the Bush Administration's cap-and-trade proposals have come
under widespread criticism (Environ. Sci. Technol. 2004, 38, 126A-
127A). But the mercury cycle - from atmospheric deposition of
inorganic mercury through methylation by bacteria and biomagnification
up the food web - has proved so complex that many unanswered questions
still remain, including the relationship between varying mercury
levels in waters and methylmercury contamination in fish.

"This is one of the first papers to spell out this paradox," says
microbiologist Mark Marvin-DiPasquale, with the U.S. Geological Survey
(USGS) in Menlo Park, Calif. "And they've done a great piece of work
using molecular biology to show that water column bacteria serve as a
natural mercury defense mechanism that can beat back pollution," he
adds.

But the bacteria explanation only goes so far, DiPasquale warns. The
Rutgers scientists compiled data showing that, in general, the
proportion of total mercury in the water column that is methylated is
lower in contaminated waters than in more pristine sites. However, the
concentration of methylated mercury in contaminated waters is still
higher than pristine locales, he cautions, so that the analysis
doesn't necessarily explain contamination levels in fish.

However, some mercury scientists argue that the paradox is not real.
"The statement that methylmercury in fish in contaminated ecosystems
is no higher than in 'pristine' ecosystems is just plain wrong," said
one prominent mercury scientist who asked not to be named. "There are
lots of examples of elevated methylmercury levels in fish in
contaminated systems - and of rising and falling mercury levels in
fish in response to contamination - and it is irresponsible to state
otherwise. Sure there are examples of pristine ecosystems with high
mercury in fish and examples of contaminated systems with relatively
low mercury in fish, but it's just not generally the case," the
scientist states.

Bacteria resistant to methylmercury contain the mer operon, a cluster
of genes responsible for synthesizing enzymes that degrade
methylmercury into elemental mercury and methane in a process called
reductive demethylation. The Rutgers scientists used this information
to create genetic biomarkers to assess the level of mer activity in
bacteria.

Armed with their test, the researchers sampled lakes over a three-
year period in the industrialized Meadowlands region of northern New
Jersey and in the more pristine Pine Barrens in the South. Total
mercury concentrations ranged from 4220 nanograms per liter (ng/L) in
the Meadowlands to 5.4 ng/L in the Pine Barrens. However,
methylmercury concentrations varied only from 0.03 to 1.6 ng/L for
lakes in both regions, with only slightly lower concentrations in Pine
Barrens waters. Fish from these waters had similar levels of
methylmercury.

The Rutgers scientists found a higher proportion of mercury-resistant
bacteria from the Meadowlands site, which expressed mer genes and, in
lab tests, reductively demethylated methylmercury. The Pine Barrens
bacteria demethylated mercury more slowly, producing carbon dioxide
and some methane, which suggests that these bacteria are engaged in
oxidative demethylation.

The observation that lakes have different bacterial communities that
demethylate mercury by different mechanisms, and at different rates,
is consistent with an earlier study by DiPasquale and co-workers that
compared some of the most contaminated sites in the world with the
relatively pristine Florida everglades (Environ. Sci. Technol. 2000,
34, 4906-4908). The sediments at their most contaminated sites
appeared to harbor bacteria that reductively demethylate mercury in
contrast to the Everglades, where oxidative demethylation appeared to
prevail.

This finding changes a prevailing assumption about mercury fluxes in
freshwater ecosystems, says USGS scientist David Krabbenhoft. When
mercury scientists try to understand the causes of methylmercury
levels in fish at a particular site, "We tend to assume that
demethylation rates are constant across systems," he says. "We expect
that it's changes in methylation rates that account for the
variability."

The findings have no significance for bioremediation, cautions
Barkay. You can't dump mercury into a system and expect the amount of
methylmercury to go down, she says, pointing out that the bacteria in
contaminated systems only reduce the fraction of mercury that remains
methylated. The contaminated lakes still have higher levels of
methylmercury, she says.

* * *

# # #

Rachel's Environment & Health News
Environmental Research Foundation
POB 160
New Brunswick NJ 08903-0160
T: 732-828-9995
F: 732-791-4603
E: e...@rachel.org
W: http://www.rachel.org

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SBWA'S WATERWAYS STEWARDSHIP PROJECT

Date: 28 Jul 2004
From: "Don Einhorn" {donei...@sbwa.org}

SOUTH BRANCH WATERSHED ASSOCIATION EXPANDS PROGRAM
THANKS TO A GRANT FROM THE GERALDINE R. DODGE FOUNDATION

July 27, 2004

Flemington - The South Branch Watershed Association has received a
$12,000 grant from the Geraldine R. Dodge Foundation for support of
the Association's Waterways Stewardship Project.

The Waterways Stewardship Project provides in-class, in-field and
computer based environmental education designed to foster students'
appreciation for the natural world, from the tiniest "bug" that lives
in the bottom of their neighborhood stream to the larger ecosystem
supported by the watershed in which they live. Recognizing the need to
establish a human connection with the natural world, the program
provides students with the very tangible and personal experience of
discovering "hidden" aquatic life while conducting in-field
observations and experiments, the results of which can be used to form
a hypothesis in a real life science project directly related to the
community in which they live. This experience, coupled with the
knowledge gained during their in-class sessions, promotes a sense of
stewardship for the environment and an appreciation of the ways that
human behavior can positively or negatively impact natural systems.

The mission of the Geraldine R. Dodge Foundation,
http://www.grdodge.org/ , is to support and encourage those
educational, cultural, social and environmental values that contribute
to making our society more humane and our world more livable.

The Dodge grant will enable the Association to make improvements to
the Waterways Stewardship Project by cross-referencing all Project
parts with the current NJ Core Curriculum Content Standards, and
expanding participation in the Project by bringing this important
educational tool to more school districts, and students, in the
watershed area. In doing so, the Association hopes to establish a
legacy of effective environmental education by encouraging today's
youth to examine, cherish and preserve our natural resources so that
they may be passed on to future generations of environmental stewards.

If you are interested in signing up for the program or would like
more information, please contact Nicole Rahman, Program Director, at
908-782-0422.

For more information visit SBWA's website at http://www.sbwa.org/ ,
or call 908-782-0422.

* * *

Donald J. Einhorn
Executive Director
South Branch Watershed Association
41 Lilac Drive
Flemington, NJ 08822
(908)782-0422
(908)-782-4473 Fax
http://www.sbwa.org/

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EPA CITES COMPANYS SELLING ILLEGAL HOUSEHOLD PESTICIDES

Date: 29 Jul 2004
From: Delly...@epamail.epa.gov

EPA CITES NATIONAL LIQUIDATORS AND ODD JOB
FOR SELLING ILLEGAL HOUSEHOLD PESTICIDES

July 29, 2004

New York, N.Y. - The U.S. Environmental Protection Agency (EPA)) has
cited National Wholesale Liquidators and Odd- Job Stores, Inc. for
illegally selling misbranded household pesticide products from Canada
in the United States. The Agency is seeking more than $500,000 in
combined penalties for numerous violations of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA). The complaints against these
two large retail outlets are based on the findings of EPA and state
investigations conducted in New York, New Jersey, Pennsylvania and
Connecticut. All products containing a pesticide must have an EPA
registration number and conform to EPA labeling requirements.

"Consumers should not buy products that claim to eliminate insects,
rodents, microorganisms and bacteria but do not carry EPA-approved
labels for use in this country," EPA Regional Administrator Jane M.
Kenny warned. "While these products may be perfectly legal to sell in
Canada, such products are not approved by EPA and may not carry proper
precautions on their labels."

EPA charged National Wholesale Liquidators, headquartered in West
Hempstead, New York, with 83 violations of FIFRA at its stores in New
York, New Jersey, Pennsylvania and Connecticut. The Agency is seeking
fines of $273,900 against the retailer for illegally distributing a
wide variety of misbranded household pesticide products in 2002. EPA
cited Odd-Job Stores, Inc, headquartered in South Plainfield, New
Jersey, for 77 violations of FIFRA involving the illegal distribution
and sale of misbranded disinfectant products since at least 2002. EPA
proposed a fine of $254,100 against the retailer.

In order for a pesticide product to be used legally in the U.S., it
must have two sets of numbers on the front label of the container. The
first number ( EPA registration number) indicates that the product is
registered with EPA. The second number (EPA establishment registration
number) is placed at the bottom of the label and shows which facility
manufactured the product.

To come into compliance with FIFRA regulations, National Wholesale
Liquidators and Odd-Job Stores, Inc. must voluntarily recall the
misbranded products from all their outlets and provide documentation
that the products in question were sent back to their point of origin
or disposed of at a licensed facility as hazardous waste.

Both companies have the opportunity to plead their case before an
administrative law judge or to contact EPA to negotiate an informal
settlement of the matter.

* * *

Rich Cahill (212) 637-3666

U.S. Environmental Protection Agency - Region 2
New Jersey, New York, Puerto Rico and the U.S. Virgin Islands
290 Broadway - New York, New York 10007-1866
http://www.epa.gov/region2

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

EPA FINES DREDGING COMPANY FOR DISCHARGING ROCK IN OCEAN

Date: 29 Jul 2004
From: Delly...@epamail.epa.gov

EPA FINES DREDGING COMPANY FOR DISCHARGING ROCK IN UNAUTHORIZED AREAS

July 29, 2004

New York, N.Y. - The U. S. Environmental Protection Agency (EPA) has
taken action against Bean Stuyvesant L.L.C, for violating the Marine
Protection, Research and Sanctuaries Act (MPRSA), commonly known as
the Ocean Dumping Act, by discharging dredged rock in the Atlantic
Ocean, outside of authorized areas on two occasions. As part of the
NY/NJ Harbor Deepening Project, the dredged rock was to be deposited
at the New Jersey Department of Environmental Protection's Shark River
Artificial Reef site, located 15.6 nautical miles east of Manasquan,
New Jersey. The proposed penalty for the two violations is $110,000.

"This material was meant to benefit the reef project, but due to poor
judgement it never reached its destination," said Jane M. Kenny, EPA
Regional Administrator. "EPA keeps a close eye on ocean disposal
operations to make sure material is placed where it is supposed to
go."

In December 2003, a barge loaded with approximately 3,600 cubic yards
of dredged rock departed from Bergen Point in the Kill Van Kull headed
for the Reef. Rough seas and high winds were forecast at the time of
departure but the decision was made by Bean Stuyvesant to proceed. On
the way to the reef, bad weather forced the crew to attempt a return
to the NY/NJ Harbor. According to the company, rock shifted within the
barge, eventually causing it to flip and dump the rock into the ocean
at an undesignated site. Placement of the rock outside the Shark River
Artificial Reef was a violation of MPRSA.

In the second incident, also in December, Bean Stuyvesant dumped
3,600 cubic yards of dredged rock material approximately a half mile
north of the Shark River Reef. As the barge approached the site, the
Tug Captain noticed that it was rapidly leaning to one side. To avoid
possible sinking or flipping, he dumped the rock. An inspection of the
barge, once it returned to harbor, revealed that the hull had been
punctured, most likely when the rock was loaded.

EPA and the U.S. Army Corps of Engineers have developed stringent
placement guidelines and procedures that must be followed by all
parties engaged in placement of dredged materials in the ocean
pursuant to MPRSA. These incidents highlight the fact that it is
imperative for barge operators to ensure mechanical soundness and
seaworthiness of barges, as well as take serious consideration of
weather conditions, prior to a barge departing the harbor.

* * *

Courtney A. Katz (212) 637- 3669

U.S. Environmental Protection Agency - Region 2
New Jersey, New York, Puerto Rico and the U.S. Virgin Islands
290 Broadway - New York, New York 10007-1866
http://www.epa.gov/region2

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KEY HEALTH, ENVIRONMENTAL DATA VULNERABLE TO OBSCURE LAW

Date: 040729
From: http://www.bushgreenwatch.org/

Greenwatch, July 29, 2004

The Data Quality Act, a little-known law inserted into a huge 2001
budget bill, is undermining government protections of public health
and the environment. The Bush administration's Office of Management
and Budget (OMB), which has overseen the law's implementation, has
obscured and even omitted the situation from a new report to Congress.

"The law was written by Congress, but it was very vague. OMB put the
meat on the bone, so they are reluctant to admit there are any
problems" says Sean Moulton, senior policy analyst with OMB Watch, a
non-profit organization that monitors the OMB. "The new law is a tool
for them to be involved with agencies and influence their actions. OMB
is a White House office. It's problematic to have a political office
overly involved in the regulatory process."

The Data Quality Act was added as a brief rider to the Treasury and
General Government Appropriations Act for fiscal year 2001, and took
effect in October 2002. It directed the OMB to instruct federal
agencies on setting standards for the quality of scientific and
statistical information they use and distribute. It also required
agencies to accept and review challenges to their data.

OMB Watch has found that in its report to Congress, OMB significantly
undercounted the number of challenges made under the law, and
understated the extent to which industries are challenging information
that affects their business interests.

In one case, the Animal Health Institute, a trade organization for
companies in the animal health and pharmaceutical industry, challenged
data from the Centers for Disease Control showing that use of a
particular antibiotic in poultry leads to antibiotic-resistant
bacteria in food.

This resistance makes it more difficult to treat people sickened by
bacteria from eating undercooked poultry. The AHI alleged that the
Center's recommendations were based on flawed data, and tried to have
them removed from the Center's materials.

OMB reported to Congress that there have been no slowdowns in the
regulatory process as a result of the law. However, it did not ask
federal agencies the amount of time or money they are spending on
implementation, or for input on how the law is affecting the speed
with which agencies make and implement regulations.

Industries are also trying to use the law to block distribution of
information. Although so far no such challenges have succeeded, the
attempts suggest how the law could chill even intra-agency information
disseminations.

For instance, a timber industry coalition has repeatedly challenged
U.S. Forest Service data on the Northern Goshawk. The service
considers the bird a "sensitive species," a designation that limits
logging and other activities in its habitat. Industry's petitions
sought to "correct" the data by having the agency withdraw entire
documents or whole sections of documents - in effect "de-publishing"
information.

"'Don't correct, just withdraw'," says OMB Watch analyst Cheryl
Gregory, describing industry's tactics for changing the Forest
Service's rules. "That would open the entire area to logging."

Moulton is most concerned that Congress is not getting the
information it needs to assess the impact of the Data Quality Act on
public health and the environment. "We want the General Accountability
Office to do an independent study, to find out what the true impact of
the law has been. OMB is too close to give an objective report."

- - -

TAKE ACTION

Tell Congress to investigate the Data Quality Act:
http://capwiz.com/ombwatch/issues/alert/?alertid=6135321

* * *

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EPA GRANT TO STUDY HEALTH EFFECTS OF AIR POLLUTION

Date: 29 Jul 2004
From: Tyson....@epamail.epa.gov

EPA AWARDS LARGEST-EVER GRANT TO STUDY
HEALTH EFFECTS OF AIR POLLUTION

July 29, 2004

Seattle, WA - Administrator Mike Leavitt today awarded the University
of Washington a $30 million grant to study the connection between air
pollution and cardiovascular disease. The grant is the largest ever
awarded by the EPA for scientific research, and will contribute to a
better understanding of the long-term health effects of breathing air
contaminated by particulate matter and other pollutants.

"The President is pursuing a national strategy to dramatically
improve America's air quality," said Administrator Leavitt. "An
important component of this strategy is to improve our understanding
of the health risks from long-term exposure to particulate pollution,
particularly as it relates to heart disease, the leading cause of
death in our country."

In a recent evaluation of the EPA's research on particulate matter
(PM), the National Research Council highlighted the need for a
prospective epidemiology study to extend the government's knowledge of
long-term PM exposure. This grant responds to this need by examining
the association between ambient air pollution, including fine
particles and other pollutants, and the progression of cardiovascular
disease in 8,700 people ages 50 to 89.

The study will track people who are from varied ethnic groups who
live in cities across the country. The researchers will evaluate
whether long-term exposure to fine particles is associated with
specific changes in atherosclerosis (buildup of plaque in the
arteries) and other factors associated with heart disease. The
University of Washington will provide EPA with an annual scientific
report of data and findings which will be used to inform EPA research
and regulatory decisions.

Particulates come from a variety of sources including: coal-burning
power plants, factories, construction sites, cars, trucks, buses,
tilled fields, unpaved roads, stone crushing, and the burning of wood.
Other particles may be formed in the air when gases emitted from
burning fuels react with sunlight and water vapor.

Premature death and other health problems are strongly related to
sulfates in the air and ambient concentrations of fine particles less
than 2.5 micrograms. Long-term exposure to ambient, airborne
particulate matter is associated with increased mortality, largely due
to cardiovascular causes and serious respiratory problems. In
addition, chronic exposure to particulates can cause decreased
development of lung function among school-age children.

Reducing emissions of PM is a crucial component of the Bush
Administration's strategy for cleaner air and healthier Americans. The
Administration's new Clean Air Rules include a suite of actions that
will dramatically improve air quality, people's health and quality of
life. This strategy includes EPA's recent rule to reduce pollution
from nonroad diesel engines, new more-protective ozone and fine
particle standards and proposed Clean Air Interstate Rule to reduce
pollution from power plants in the eastern U.S. Together these rules
will make the next 15 years one of the most productive periods of air
quality improvement in America's history.

The grant announced today is funded through the Environmental
Protection Agency's (EPA) Science to Achieve Results (STAR)
competitive grants program. For more information about this grant,
visit: http://www.epa.gov/pmresearch/pm_grant. For more information on
EPA's STAR program, see: http://www.epa.gov/ncer/. Information on
EPA's Clean Air Rules is at: http://www.epa.gov/cleanair2004/ .

* * *

Contact: Bill Dunbar 206-553-1203/dunba...@epa.gov

U.S. Environmental Protection Agency (EPA)

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VERSION 2.0 OF NJ'S LANDSCAPE PROJECT AVAILABLE

Date: 29 Jul 2004
From: {FWL...@dep.state.nj.us}

Version 2.0 of New Jersey's Landscape Project that identifies
critical habitats throughout the state is now available. Habitat
mapping and data can be obtained:

- Online via download:
http://www.state.nj.us/dep/fgw/ensp/landscape/download.htm

- Online via i-MapNJ: http://www.state.nj.us/dep/gis/depsplash.htm#

- On Compact Disc by request to the Division of Fish and Wildlife's
Endangered and Nongame Species Program

An expanded effort is being made to provide technical training to
potential users of the Landscape Project in counties throughout the
state. Brookdale Community College in Monmouth County will host
training on Monday, August 16 from 10 AM to 12 noon. For information
regarding scheduling and registration, please consult
http://www.njfishandwildlife.com/ensphome.htm or email
patrick...@dep.state.nj.us .

Also, ENSP now has a new sighting report form for reporting rare
animal species sightings. You can find instructions, as well as links
to the form and mapping sources at
http://www.state.nj.us/dep/fgw/ensp/rprtform.htm .

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

PHOSPHORUS TMDL FOR STREAMS IN RARITAN BASIN - AUG 17

Date: 29 Jul 2004
From: "Sally Kean" {sk...@raritanbasin.org}

This message is being sent for Amy Shallcross

MEETING - PROPOSED SCOPE OF WORK - PHOSPHORUS TMDL FOR IMPAIRED
STREAMS IN THE RARITAN BASIN - DEVELOPED BY NJDEP

NJDEP is gearing up to develop a phosphorus TMDL for impaired streams
in the Raritan Basin. As such, a meeting will be held on Tuesday,
August 17 from 10am - 12 noon in the Somerset County Freeholders
Meeting Room, in Somerville, NJ. The proposed scope of work for the
TMDL will be presented. An agenda and directions will be sent on
August 2nd.

Please RSVP to ashal...@raritanbasin.org or sk...@raritanbasin.org
or call 908-685-0315.

* * *

Sally P. Kean
Administrative Assistant
NJWSA Watershed Protection Unit
74 East Main Street
Somerville, NJ 08876-2312

(908) 685-0315 X23
(908) 685-0195 (FAX)
email: sk...@raritanbasin.org

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

Many thanks to our Volunteers:
Michele Cooklin, Jerry Cullins, Peter Montague, Paul
Neuman, Mary Paist, Penny Pollock-Barnes, Phil Reynolds,
Pat Rolston, and to all you folks out there who
contribute in so many ways. If you have a couple hours
a week, and would like to help out, please email us at:
mai...@gsenet.org

George-Therese Dickenson - Editor - dick...@gsemail.org
Scott Olson - Executive Director - ol...@gsemail.org

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