April 4, 2002 #174 1) New Harsher Air Quality Rules Sought 2) EPA, Firms Make Deal On Anniston PCB Case 3) State Government: Governor Creates GIS Council/Brownfield Legislation Passes 4) Alabama Coastal Foundation To Test Coastal Waters 5) BEN Notes - Livable Cities Conference, ADEM to Host Recycling Workshop, Mercury Forum Set 6) Websites Featured in BEN #174 ********************************************************* Please visit the BEN Spring Calendar at http://www.bamanews.com/calendar.html ********************************************************* 1. New Harsher Air Quality Rules Sought - According to the Birmingham News, a federal magistrate has recommended that the U.S. Environmental Protection Agency immediately move to change Birmingham's ozone status. A change in status would force the area to implement additional ozone pollution prevention measures. The magistrate's ruling resulted from a lawsuit filed by Earthjustice, Sierra Club's legal arm. The suit contends that in 1994 the federal government should have increased Jefferson and Shelby counties' ozone classification from marginal to the more restrictive moderate standard. A "bump" in classification would have brought about more stringent pollution control requirements, including mandatory emissions tests for automobiles and tougher requirements for allowing industries to locate in the region. EPA's attorneys argued they were not required to bump Birmingham to a stricter classification in 1994, because at the time the area was briefly meeting Clean Air Act standards. Earthjustice countered by saying it was illogical to grant permanent exemption from the rules simply because it had met the rules for two summers in the early 1990's. The decision by U.S. Magistrate John M. Facciola is in the form of a recommendation to U.S. District Judge Colleen Kollar-Kotelly, who will be making a final ruling on this case any day now. To view the Earthjustice press release on this case visit: http://www.earthjustice.org/news/print.html?ID=339 2. EPA, Firms Make Deal On Anniston PCB Case - The Environmental Protection Agency announced last week that it had reached a settlement with Solutia and Pharmacia requiring them to study the extent of the PCB contamination in northeast Alabama and develop a cleanup plan. The consent decree, which was filed in U.S. District Court in Birmingham calls for the companies to evaluate the health and environmental risks caused by PCB's in the area, including the 70 acre plant site in Anniston, two adjacent landfills where according to published reports at least 10 million pounds of the chemicals were deposited, as well as waterways and land in Calhoun, St. Clair, Talladega and Shelby counties. The agreement also requires the companies to form a $3.2 million charitable fund for West Anniston citizens. The fund will be used to provide special education and tutoring for children with learning disabilities who live near the site. The companies will also reimburse the EPA for $6 million spent investigating the contaminated properties. The agency will provide "strict oversight" of the companies studies and cleanup. According to the Birmingham News, local residents, who are fighting the companies in state court, say they distrust the agreement, which was reached without community involvement. 3. State Government: Governor Creates GIS Council/Brownfield Legislation Passes - On the heels of the Governor's Conference on Smart Growth and Brownfields Redevelopment, two major initiatives made considerable progress last week. At the opening of the governor's conference at Birmingham-Southern College, in a taped statement, Governor Don Siegelman announced the establishment by executive order the Alabama Geographic Information Council. A vital decision making tool, Geographic Information System (GIS) technology can be used to assist in the development of smart growth and natural resource policies. For example, GIS is used to help develop community, transportation and economic development plans. It can also be used to identify water, land, air, forest, agriculture, wildlife and mineral resources. The governor's executive order will pull together and coordinate governmental agencies, educational institutions and private industry, to help minimize duplication and coordinate investments, practices and policies related to GIS. To read executive order #68 concerning the GIS Council go to http://www.governorpress.state.al.us/ex-68-2002-03-21.htm In a matter related to the governor's conference, the Alabama State Senate passed by identical 29-0 votes - SB 477 - a bill that creates a state revolving loan fund program for brownfields redevelopment, and SB 478, a bill that enables businesses to take advantage of a tax abatement for brownfield redevelopment projects. Sponsored by State Senator Lowell Barron, the two bills will now be championed in the House by Rep. Terry Spicer. Proponents hope to pass the legislation before the April 22nd close of the legislative session. 4. Alabama Coastal Foundation To Test Coastal Waters - Starting April 1, the Alabama Coastal Foundation (ACF) will be providing an early warning system for swimmers when Alabama's coastal waters experience high bacteria levels. At 10 locations across Mobile and Baldwin counties, the ACF will be conducting weekly tests for enterococcus bacteria, which is a bacteria found in the fecal matter of warm blooded animals and is a strong indicator of the presence of illness-causing germs. The testing will supplement monitoring that ADEM has performed since 1999. Currently, ADEM conducts tests at 11 sites within the Mobile Metro area. The additional efforts to test for the bacteria, which normally occurs after local sewage spills, will help protect public health and the environment. The new ACF tests are made possible by grants from the Baldwin County Commission, the Mobile Bay Estuary Program and the Mitchell Foundation For more information about this new exciting Coastal program, visit the Alabama Coastal Foundation's website at http://www.alcoastalfoundation.org/ Over the summer you can also receive Beach Monitoring alerts from ADEM as a result of these bacteria tests. Just visit their website at http://www.adem.state.al.us/EnviroProtect/Field/beachweb/index.htm 5. BEN Notes - Livable Cities Conference, ADEM to Host Recycling Workshop Mercury Forum Set Livable Cities Conference - Don't miss the 3rd Annual Livable Cities Conference to be held at Birmingham-Southern College on April 11th starting at 8:00 a.m. Smart growth expert Andres Duany will be addressing the conference, along with several Alabama community leaders. There will no admission for the conference. For more information or details, contact Roald Hazelhoff at the Southern Environmental Center at rhazelho@bsc.edu or visit their website at http://www.bsc.edu/sec/news/default.html ADEM to Host Recycling Workshop - On May 1st, the Alabama Department of Environmental Management is preparing to host an interactive satellite downlink workshop on waste prevention and recycling. The workshop which is targeted for city and county governments, will highlight successful national waste prevention and recycling programs and provide tips on how to establish and maintain effective programs. The program will be held at ADEM's office in Montgomery (1400 Coliseum Blvd.) To register for the workshop, contact Gavin Adams at 334-394-4353 or email him at mga@adem.state.al.us Mercury Forum Set - If you are concerned about mercury in the environment and its impact on human health, the Mississippi/Alabama SeaGrant Consortium has organized a conference to evaluate and study this regional and national issue. The event is scheduled to be held May 20 and 21 at the Arthur R. Outlaw Mobile Convention Center in Mobile. The event is sponsored by Mobile Bay Watch, the National Oceanic and Atmospheric Administration, Mobile Bay National Estuary Program, the World Wildlife Fund and The Forum. For more details about the conference visit the Mississippi/Alabama SeaGrant website at http://www.masgc.org/mercury Over the past year The Mobile Register has produced a series of articles examining mercury in the environment. You can access those articles by visiting their website at 6. Websites Featured in BEN #174 Earthjustice http://www.earthjustice.org/news/print.html?ID=339 Governor's Executive Order #68 http://www.governorpress.state.al.us/ex-68-2002-03-21.htm Alabama Coastal Foundation http://www.alcoastalfoundation.org ADEM Coastal Monitoring Alert http://www.adem.state.al.us/EnviroProtect/Field/beachweb/index.htm Southern Environmental Center http://www.bsc.edu/sec/news/default.html Mississippi-Alabama SeaGrant Consortium - Mercury http://www.masgc.org/mercury Mobile Register - Mercury Series http://www.al.com/specialreport/?mobileregister/mercuryinthewater.html ******************************************************* Please share BEN with friends and fellow conservationists. If you have any questions or comments about this publication or would like your address to be removed from the BEN e-mail list, contact Pat Byington, the author and publisher of BEN at 205-226-7739 or pkbyington@aol.com . 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