ACTION ALERT
from
NEW YORK RIVERS UNITED
July 21, 2005
Bill Would Exempt Ballast Water Pollution From The Clean Water Act
HELP!!!
A bill is quickly gaining momentum on Capitol Hill that exempts ballast
water pollution from the Clean Water Act (CWA) and would preempt current and
future efforts by states to prevent the spread of aquatic invasive species
and limit other pollution from ballast water from ships. This bill, S. 363,
is scheduled for action this Thursday (July 21, 2005) in the Senate Commerce
Committee.
Please contact your Senators today, especially if they are on the Commerce
Committee (or the Environment and Public Works Committee) and ask them to
oppose S. 363, The Ballast Water Management Act of 2005, in its present
form. A list of the members on the Commerce and EPW committees is below.
TELL ME MORE!!
The Ballast Water Management Act of 2005 (S. 363) would exempt ballast water
discharges from the CWA and preempt state authority in favor of a weak
federal program run by the U.S. Coast Guard to address the spread of
invasive species by ships‚ ballast water.
Section (3)(r) of S. 363 of the July 1, 2005 draft of the bill would exempt
the discharge of pollutants (including invasive species) from ballast water
from regulation under the Clean Water Act. Exemption of any pollutants or
activities from the Clean Water Act is a direct assault on the Act itself
and must be stricken from the bill. The exemption of any pollutant or
activity from the Act is a dangerous precedent.
In March 2005, the U.S. District Court for the Northern District of
California issued an order agreeing with several environmental groups and
several Great Lakes States Attorneys General that ballast water discharges
are subject to the Clean Water Act. The court ordered EPA to repeal an
illegal rule it had adopted that said EPA did not have to regulate these
discharges. .
The swift pace of S. 363 answers industry‚s desire to overturn this ruling
by Congressional action to supercede Clean Water Act authority and avoid
compliance with the impending court order outlining the timeline for
expected EPA action due this Fall. See, Northwest Environmental Advocates
et. al. vs. U.S. EPA, No. C. 03-05760 SI (March 20,2005).
Thus, S. 363 appeases the shipping industry at the expense of our nation‚s
waters and the states, people, and economies that rely upon them.
TAKE ACTION
Call and email your Senators urging them to oppose S. 363. Our waters and
communities deserve better! All Senators‚ offices can be reached by
contacting the Capitol switchboard at 202-224-3121.
Top priority: contact Senators on the Commerce Committee, which will be
marking up S. 363 this Thursday (July 21st), and the Environment and Public
Works Committee, which has jurisdiction over the Clean Water Act.
TALKING POINTS
THE CLEAN WATER ACT EXEMPTION MUST BE STRICKEN FROM THE BILL.
S. 363 would undermine the core of the Clean Water Act by exempting an
entire class of discharges with no equivalent backstop of protection,
creating a real and grave threat to the health of coastal waters, the Great
Lakes, and other waters across the country.
Exempting ballast water pollution from the Clean Water Act would also be a
clear blow in favor of gravely weakening the Clean Water Act itself ,
allowing an industry to create its own exceptions to the law in favor of
weaker, voluntary programs.
Ships‚ ballast water discharges are currently the major vectors of invasive
aquatic species into the Great Lakes and other aquatic ecosystems throughout
the country.
S. 363 ignores the essential backstop protections that the Clean Water Act
provides to ensure our waters stay healthy and usable. For example, the
Clean Water Act contains provisions specifically protecting waters from
degradation. If waters do become significantly degraded, including the
presence of or impacts caused by invasive species, the Act provides a
process for cleaning those waters up.
THE STATE PREEMPTION PROVISION MUST BE STRICKEN FROM THE BILL.
S. 363 also contains a vague proposal to exempt sound state programs to
manage ballast water. The proposed exemption language will ensure that
states will be effectively prevented from mounting a serious defense to the
onslaught of economic and environmental damage caused by invasive species in
their communities.
Frustrated with the lack of federal action, many states are currently moving
forward to implement and enforce requirements that ships treat their ballast
for invasive species. S. 363 would undercut these efforts by preempting the
ability of states to take action and would delay ballast water treatment
until S. 363 standards are implemented, which will take over a decade or
more.
DEMOCRATS
Frank Lautenberg - New Jersey**
202-224-3224
** Also on EPW Committee
SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE (EPW) -- Tell these Senators you oppose S. 363 in its present form AND that it is the Environment
Committee NOT the Commerce Committee that has jurisdiction over the Clean
Water Act and should stop the Commerce Committee from carving loopholes in
to the nation’s most important water law.
.
DEMOCRATS/INDEPENDENT
Clinton, Hillary (NY)
202-224-4451
Lautenberg, Frank (NJ)
202-224-3224
Wednesday, July 20, 2005
Great Lakes Regional Collaboration- Regional Public Meeting
NYRU is hosting a "GLRC Informational Meeting" to be held on Wednesday August 17th at SUNY Oswego. The meeting will explain the GLRC process, the stage the plan is in, and how the public can get involved by commenting on it. We encourage everyone who cares about New York's Great Lakes basin and its future to attend this meeting. Contact Mark Burgreen at mark@newyorkriversunited.org with questions or to recieve additional information.
Tuesday, July 19, 2005
Action Alert --Call Gov
ACTION ALERT
from
NEW YORK RIVERS UNITED
July 19, 2005
Call Governor George Pataki.
Urge him to voice his support for
increased federal water infrastructure funding.
Take action today! Governor Pataki needs to let Congress know that federal funds provided through the Clean Water State Revolving Fund for improvement and maintenance of New York’s water infrastructure systems is essential to keeping sewage and stormwater pollution out of New York’s waterways.
Appropriations Committee staff has informed Clean Water Network Steering Committee members that in order to definitely secure the $1.1 billion the Senate appropriated for the Clean Water State Revolving Fund, the Chairmen (Rep. Charles Taylor and Sen. Conrad Burns) of the US Congress Subcommittee on Interior, Environment, and Related Agencies of the Appropriations Committee need to hear from Governors.
New York State’s aging wastewater infrastructure needs repairs in order to prevent dangerous wastewater disasters like sewage spills and basement backups. The Clean Water State Revolving Fund can help make those repairs happen by providing low-interest loans to state and local governments to rehabilitate aging sewer plants, minimize raw sewer overflows and reduce stormwater runoff. Gov. Pataki will be New York’s most effective advocate for securing these funds to improve New York’s water infrastructure system. He needs to call the conference committee chairmen and state his case for why more SRF funds are important to New York.
Take Action
Call Gov. Pataki today and urge him to call the committee chairmen, Sen. Conrad Burns (R-MT) and Rep. Charlie Taylor (R-NC), to discuss the need to adequately fund the Clean Water State Revolving Fund and the importance of this funding to the completion of clean water projects in New York. Ideally, a personal call from the Governor to the Chairmen will send the most powerful message. Gov. Pataki signed a letter in support of restoring funding levels for the SRF to its traditional level last year and would be a good candidate to send a strong message to the chairmen supporting the Senate-approved level of funding.
What to say
Ask to speak with either the governor directly or the governor’s federal environmental policy advisor.
The main points to make on the phone are:
(1) Express your support to the congressional committee chairs, Rep. Charlie Taylor of North Carolina and Senator Conrad Burns of Montana, for increasing the available funds for the Clean Water Revolving Fund to the level already approved by the Senate: $1.1 billion.
(2) Request the committee chairmen protect human health and the environment by supporting funding for the State Revolving Fund at $1.1 billion level approved by the Senate.
(3) New York desperately needs these additional funds to repair old sewer pipes, maintain our treatment facilities and keep raw sewage out of our waters and communities.
(4) Relate a personal story on how dilapidated sewer systems in New York are threatening the quality of life or property values in your community.
Additional information
The 1970s and 1980s saw a huge investment in wastewater treatment, but this investment has declined over the years even though there was an increase in population and development. Despite the investment of the 1970s and 1980s, the average age of sewage pipes is 33 years with many pipes being 50-100 years old. Additionally, development and sprawl are growing without the additional infrastructure necessary to accommodate the growing population. Many of these new areas of growth also depend on Combined Sewer Systems that reduce the number of pipes needed but making overflows more frequent by funneling both sewage and stormwater into the same pipes.
The effects of outdated infrastructure, growing population, sprawling development and combined sewer systems are all occurring simultaneously, creating a “perfect storm.” In a report to Congress, the EPA estimated that 1.3 trillion gallons of raw sewage escape from combined sewer overflows every year. The agency also reports that in 2001 there were approximately 40,000 sanitary sewer overflows and 400,000 sewage backups into basements. Cracks and breakdowns in aging infrastructure contribute additional undocumented sewage leaks.
The public health and environmental implications of these sewage overflows are tremendous. Sewage overflows dump bacteria, heavy metals and other toxins into our waters. Sewage carries with it numerous diseases that can end up in our drinking water supplies. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually. Sewage overflows also kill aquatic life and create red tides, closing beaches and other recreational areas.
Despite all of these dangers, sewage treatment problems go largely ignored. Federal, state, and local wastewater treatment facilities are critically underfunded, keeping them from making crucial improvements and reducing their normal operation and maintenance abilities. According to the Water Infrastructure Network, there is a gap of $23 billion annually to meet water infrastructure repair and replacement needs.
Please let us know how your calls go and
what you are hearing from your governor’s office.
THANK YOU.
Bruce Carpenter
Executive Director
New York Rivers United
If you need more information on how the SRF is being used in your state, please contact Josh Klein at the Clean Water Network (202-289-2421 & jklein@nrdc.org) and Peter Raabe at American Rivers (202-347-7550 & praabe@americanrivers.org). Thank you for your support!
###
from
NEW YORK RIVERS UNITED
July 19, 2005
Call Governor George Pataki.
Urge him to voice his support for
increased federal water infrastructure funding.
Take action today! Governor Pataki needs to let Congress know that federal funds provided through the Clean Water State Revolving Fund for improvement and maintenance of New York’s water infrastructure systems is essential to keeping sewage and stormwater pollution out of New York’s waterways.
Appropriations Committee staff has informed Clean Water Network Steering Committee members that in order to definitely secure the $1.1 billion the Senate appropriated for the Clean Water State Revolving Fund, the Chairmen (Rep. Charles Taylor and Sen. Conrad Burns) of the US Congress Subcommittee on Interior, Environment, and Related Agencies of the Appropriations Committee need to hear from Governors.
New York State’s aging wastewater infrastructure needs repairs in order to prevent dangerous wastewater disasters like sewage spills and basement backups. The Clean Water State Revolving Fund can help make those repairs happen by providing low-interest loans to state and local governments to rehabilitate aging sewer plants, minimize raw sewer overflows and reduce stormwater runoff. Gov. Pataki will be New York’s most effective advocate for securing these funds to improve New York’s water infrastructure system. He needs to call the conference committee chairmen and state his case for why more SRF funds are important to New York.
Take Action
Call Gov. Pataki today and urge him to call the committee chairmen, Sen. Conrad Burns (R-MT) and Rep. Charlie Taylor (R-NC), to discuss the need to adequately fund the Clean Water State Revolving Fund and the importance of this funding to the completion of clean water projects in New York. Ideally, a personal call from the Governor to the Chairmen will send the most powerful message. Gov. Pataki signed a letter in support of restoring funding levels for the SRF to its traditional level last year and would be a good candidate to send a strong message to the chairmen supporting the Senate-approved level of funding.
What to say
Ask to speak with either the governor directly or the governor’s federal environmental policy advisor.
The main points to make on the phone are:
(1) Express your support to the congressional committee chairs, Rep. Charlie Taylor of North Carolina and Senator Conrad Burns of Montana, for increasing the available funds for the Clean Water Revolving Fund to the level already approved by the Senate: $1.1 billion.
(2) Request the committee chairmen protect human health and the environment by supporting funding for the State Revolving Fund at $1.1 billion level approved by the Senate.
(3) New York desperately needs these additional funds to repair old sewer pipes, maintain our treatment facilities and keep raw sewage out of our waters and communities.
(4) Relate a personal story on how dilapidated sewer systems in New York are threatening the quality of life or property values in your community.
Additional information
The 1970s and 1980s saw a huge investment in wastewater treatment, but this investment has declined over the years even though there was an increase in population and development. Despite the investment of the 1970s and 1980s, the average age of sewage pipes is 33 years with many pipes being 50-100 years old. Additionally, development and sprawl are growing without the additional infrastructure necessary to accommodate the growing population. Many of these new areas of growth also depend on Combined Sewer Systems that reduce the number of pipes needed but making overflows more frequent by funneling both sewage and stormwater into the same pipes.
The effects of outdated infrastructure, growing population, sprawling development and combined sewer systems are all occurring simultaneously, creating a “perfect storm.” In a report to Congress, the EPA estimated that 1.3 trillion gallons of raw sewage escape from combined sewer overflows every year. The agency also reports that in 2001 there were approximately 40,000 sanitary sewer overflows and 400,000 sewage backups into basements. Cracks and breakdowns in aging infrastructure contribute additional undocumented sewage leaks.
The public health and environmental implications of these sewage overflows are tremendous. Sewage overflows dump bacteria, heavy metals and other toxins into our waters. Sewage carries with it numerous diseases that can end up in our drinking water supplies. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually. Sewage overflows also kill aquatic life and create red tides, closing beaches and other recreational areas.
Despite all of these dangers, sewage treatment problems go largely ignored. Federal, state, and local wastewater treatment facilities are critically underfunded, keeping them from making crucial improvements and reducing their normal operation and maintenance abilities. According to the Water Infrastructure Network, there is a gap of $23 billion annually to meet water infrastructure repair and replacement needs.
Please let us know how your calls go and
what you are hearing from your governor’s office.
THANK YOU.
Bruce Carpenter
Executive Director
New York Rivers United
If you need more information on how the SRF is being used in your state, please contact Josh Klein at the Clean Water Network (202-289-2421 & jklein@nrdc.org) and Peter Raabe at American Rivers (202-347-7550 & praabe@americanrivers.org). Thank you for your support!
###
Friday, July 08, 2005
The Great Lakes Regional Collaboraion
The Great Lakes Regional Collaboration (GLRC)
What is it?
The Collaboration is a fast-track government effort to federally fund the Great Lakes Basin restoration, much like the plan to save the Everglades passed by the U.S. Congress in 2000. The Collaboration process was inspired by years of citizen organizing and a handful of the region’s senior members of Congress who have not been content with the government's current approach to protecting our environment.
Why do the Great Lakes matter?
The Great Lakes are a bi-national treasure, providing economic, biological, recreational and cultural benefits to North America. The Great Lakes Basin provides over 40 million Basin residents with fresh water and in 2002 alone had a GDP only exceeded by the United States as a whole and Japan. They support a diversity of wildlife and sustain a sports fishing industry valued at $7 billion annually. Unfortunately the Great Lakes themselves, our most valued asset, are under attack. Pressure from contaminated sediments and areas of concern (AOC’s), non-native species, habitat destruction, altered hydrology, persistent bioaccumulative toxins (PBT’s), and other pollutants are threatening the vitality and productivity of the Great Lakes. A successful effort to protect and restore the Great Lakes must be undertaken now to close the door on these serious problems that threaten the health of our most important resource.
Our Involvement
Contrary to common knowledge, the majority of New York State is considered part of the Great Lakes basin. In order to bring in government funding to help restore New York's scenic beauty, NYRU plans to:
- Formulate and coordinate a statewide strategy to protect the vitality and productivity of New York's Great Lakes basin.
- Open communication to create a more coherent network between state agencies so that we can realize our common goal in the Great Lakes Initiative: Restoration.
-Maintain an organized network of agencies throughout the Great Lakes Collaboration to be certain that New York uses its tax payers dollars efficiently.
NYRU is an organized state-wide river organization that has always utilized multiple networks to achieve success. We realize that the Great Lakes Basin is a priority and, as always, our experience in restoring rivers and active involvement in policy planning in environmental issues make us well positioned to assume a vital role in this initiative. NYRU's close working relationships with local, regional, and national groups also make or participation crucial for the success of this effort.
Taking Action
On July 7th, 2005 a draft plan for the Great Lakes Regional Collaboration (GLRC) was released, and is currently enduring a 60 day comment period for public input (You can make your voice heard on this issue at www.glc.org/glrc/comment.html). NYRU was a major voice in this consensus based plan that was constructed from comprehensive recommendations by over 1,500 people representing NGO's, government and state agencies, tribal leaders, businesses, and other stakeholders. Currently, NYRU is taking the initiative to unite New York environmental groups in support of this plan by calling a meeting to educate and prepare state agencies. In addition, we are helping other organizations, like the Environmental Protection Agency (EPA), with their own meetings. NYRU is determined not to allow this opportunity to restore a national treasure slip away due to poor preparation.
Any questions concerning the GLRC can be directed to mark@newyorkriversunited@org, and additional information on the plan can be found at www.glc.org/glrc or www.epa.gov/greatlakes/collaboration.
What is it?
The Collaboration is a fast-track government effort to federally fund the Great Lakes Basin restoration, much like the plan to save the Everglades passed by the U.S. Congress in 2000. The Collaboration process was inspired by years of citizen organizing and a handful of the region’s senior members of Congress who have not been content with the government's current approach to protecting our environment.
Why do the Great Lakes matter?
The Great Lakes are a bi-national treasure, providing economic, biological, recreational and cultural benefits to North America. The Great Lakes Basin provides over 40 million Basin residents with fresh water and in 2002 alone had a GDP only exceeded by the United States as a whole and Japan. They support a diversity of wildlife and sustain a sports fishing industry valued at $7 billion annually. Unfortunately the Great Lakes themselves, our most valued asset, are under attack. Pressure from contaminated sediments and areas of concern (AOC’s), non-native species, habitat destruction, altered hydrology, persistent bioaccumulative toxins (PBT’s), and other pollutants are threatening the vitality and productivity of the Great Lakes. A successful effort to protect and restore the Great Lakes must be undertaken now to close the door on these serious problems that threaten the health of our most important resource.
Our Involvement
Contrary to common knowledge, the majority of New York State is considered part of the Great Lakes basin. In order to bring in government funding to help restore New York's scenic beauty, NYRU plans to:
- Formulate and coordinate a statewide strategy to protect the vitality and productivity of New York's Great Lakes basin.
- Open communication to create a more coherent network between state agencies so that we can realize our common goal in the Great Lakes Initiative: Restoration.
-Maintain an organized network of agencies throughout the Great Lakes Collaboration to be certain that New York uses its tax payers dollars efficiently.
NYRU is an organized state-wide river organization that has always utilized multiple networks to achieve success. We realize that the Great Lakes Basin is a priority and, as always, our experience in restoring rivers and active involvement in policy planning in environmental issues make us well positioned to assume a vital role in this initiative. NYRU's close working relationships with local, regional, and national groups also make or participation crucial for the success of this effort.
Taking Action
On July 7th, 2005 a draft plan for the Great Lakes Regional Collaboration (GLRC) was released, and is currently enduring a 60 day comment period for public input (You can make your voice heard on this issue at www.glc.org/glrc/comment.html). NYRU was a major voice in this consensus based plan that was constructed from comprehensive recommendations by over 1,500 people representing NGO's, government and state agencies, tribal leaders, businesses, and other stakeholders. Currently, NYRU is taking the initiative to unite New York environmental groups in support of this plan by calling a meeting to educate and prepare state agencies. In addition, we are helping other organizations, like the Environmental Protection Agency (EPA), with their own meetings. NYRU is determined not to allow this opportunity to restore a national treasure slip away due to poor preparation.
Any questions concerning the GLRC can be directed to mark@newyorkriversunited@org, and additional information on the plan can be found at www.glc.org/glrc or www.epa.gov/greatlakes/collaboration.
Hudson River Action
NYRU JOINS EFFORT
* Friends of a Clean Hudson *
RE: Natural Resource Damage Assessment and Restoration Advisory Committee Appointees List
Dear Secretary Norton:
We are writing today to express our concerns about the current membership of the U.S. Department of Interior’s Natural Resource Damage Assessment and Restoration Advisory (NRDAR) Committee created under the Federal Advisory Committee Act (FACA). The environmental community is not adequately represented on this committee and we strongly urge you to add environmental expertise to the panel.
There are many national, state and regional groups that that have been involved in NRDA cases across the country that can ably represent the concerns and interests of the environmental community.
This panel is charged with providing advice and recommendations to DOI on the natural resources damages provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Oil Pollution Control Act (OPA) and the Clean Water Act (CWA). Based on the existing membership of the committee, with business and industry the most heavily represented interest, we are very concerned that a significant disparity exists which will compromise the integrity of the recommendations put forth by this panel.
As organizations concerned about the future of the NRDA program in general, and specifically about the
Hudson River Natural Resources Damages Assessment, we strongly urge you to consider adding at least two environmental representatives to this panel. We endorse the suggestions made by the Natural Resources Defense Council and the Sierra Club in their letter dated June 29, 2005.
Thank you for your consideration and we look forward to your response.
Sincerely
Ned Sullivan, President Director,
Scenic Hudson, Poughkeepsie
Chris Ballantyne, Hudson River Campaign
Sierra Club, Saratoga Springs
Alex Matthiessen, Executive Director
Riverkeeper, Garrison
Bruce Carpenter, Executive Director
New York Rivers United, Rome
Manna Jo Greene, Environmental Director
Hudson River Sloop Clearwater, Poughkeepsie
Robert J. Moore, Executive Director
Environmental Advocates of New York, Albany
Katherine Kennedy, Senior Attorney
Natural Resources Defense Council, New York
* Friends of a Clean Hudson *
RE: Natural Resource Damage Assessment and Restoration Advisory Committee Appointees List
Dear Secretary Norton:
We are writing today to express our concerns about the current membership of the U.S. Department of Interior’s Natural Resource Damage Assessment and Restoration Advisory (NRDAR) Committee created under the Federal Advisory Committee Act (FACA). The environmental community is not adequately represented on this committee and we strongly urge you to add environmental expertise to the panel.
There are many national, state and regional groups that that have been involved in NRDA cases across the country that can ably represent the concerns and interests of the environmental community.
This panel is charged with providing advice and recommendations to DOI on the natural resources damages provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Oil Pollution Control Act (OPA) and the Clean Water Act (CWA). Based on the existing membership of the committee, with business and industry the most heavily represented interest, we are very concerned that a significant disparity exists which will compromise the integrity of the recommendations put forth by this panel.
As organizations concerned about the future of the NRDA program in general, and specifically about the
Hudson River Natural Resources Damages Assessment, we strongly urge you to consider adding at least two environmental representatives to this panel. We endorse the suggestions made by the Natural Resources Defense Council and the Sierra Club in their letter dated June 29, 2005.
Thank you for your consideration and we look forward to your response.
Sincerely
Ned Sullivan, President Director,
Scenic Hudson, Poughkeepsie
Chris Ballantyne, Hudson River Campaign
Sierra Club, Saratoga Springs
Alex Matthiessen, Executive Director
Riverkeeper, Garrison
Bruce Carpenter, Executive Director
New York Rivers United, Rome
Manna Jo Greene, Environmental Director
Hudson River Sloop Clearwater, Poughkeepsie
Robert J. Moore, Executive Director
Environmental Advocates of New York, Albany
Katherine Kennedy, Senior Attorney
Natural Resources Defense Council, New York
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