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President: Anne Poole
Legislative Director: Michael Pisauro

April-June 2007 News
July-Sept 2006 News
Volume 35 No. 4
April-June 2006 News
October - December 2006
Jan-March 2006 News
Clean Air Council Meetings Report - by Dennis A. Poole
The New Jersey Clean AIr Council (CAC) is an advisory body to the Department of Environmental Protection. It's purpose is to recommend actions that will improve air quality and protect public health.
Read More ...

NJEL Welcomes New Board Members
NJEL is happy to announce the election of Monica Dytko of Edison and Dr. Jess Everett of Pittman to the Board of Directors.
Read More ...

Legislative Update - by Michael L. Pisauro, Jr.
NJEL is continuing to work with the Coastal Ocean Coalition to improve the health of our coasts and ocean. NJEL is joining in as amicus in two matters involving New Jersey's land use. NJEL has filed comments in support of new mercury regulations.
Read More ...

Voters Approve Ballot Question #2 -
NJ voters approved Ballot Question #2 60%-40%.
Read More ...

EEF's Watershed Education Program Underway for 2006-07 School Year -
In October, NJEL Board member Eugene Fox volunteered to assist EEF with its student education project.
Read More ...

EEF Board Vacancy -
The Environmental Education Fund is accepting applications for a vacancy on its Board of Trustees.
Read More ...


Clean Air Council Meetings Report - by Dennis A. Poole

The New Jersey Clean AIr Council (CAC) is an advisory body to the Department of Environmental Protection. It's purpose is to recommend actions that will improve air quality and protect public health.Its monthly meetings are open to the public. The Clean Air Council is composed of 18 members, four of which are Department Commissioners. The other fourteen members are appointed by the Governor. Interestingly, while there are medical and public health professionals on the CAC, no
environmental organizations are represented. The CAC's monthly meetings are open to the public and, when possible, NJEL sends a volunteer observer so that our members can be made aware of the air pollution control issues facing our state.

Air Pollution - How Does the Port of New York and New Jersey Fit In?

Air pollution - we usually discuss it in terms of fossil fuel power plants, automobiles, trucks and buses, and manufacturing facilities. There is another significant source of air pollution in New Jersey and that is port operations. The Port of New York and New Jersey and the Delaware River Ports have come under increasing pressure to reduce the emissions from traffic into and out of the port areas as well as emissions from cargo handling equipment and docked vessels. The October 11th Clean Air Council meeting was held at the New York Shipping Association (NYSA) training center in Port Elizabeth, NJ. The New York Shipping Association is a nonprofit organization of over 50 members, including the ocean carriers, terminal operators, stevedoers and marine related businesses that service the Port of New York and New Jersey (PANY/NJ).

At the meeting, the NYSA's president, Frank McDonough, presented an overview of the organization's pollution reduction initiatives and its position on additional proposals. The PANY/NJ is the third largest in the U.S. In terms of tonnage, behind Los Angeles and Long Beach, CA, and second in terms of value. Approximately 4.8 million TEU's (TEU stands for Twenty Foot Equivalent, one 20 ft. ocean container equals 1 TEU, One 40 ft. ocean container equals 2 TEU's) with a value of $140 billion dollars.

You might be surprised to learn that the New Jersey DEP does NOT monitor the air quality in or around the Port properties. NYSA itself commissioned a study, which estimated that 7% of the air pollution in the Northeastern New Jersey airshed is directly attributed to port operations. The same study, the 2005 Starcrest Container Handling Equipment Update Report, indicated that 3% of the traffic on the New Jersey Turnpike is destined for Port facilities. On average, 5,000 trucks per day enter and leave the port area. According to the study, emissions of Nox, particulates, volatile organic compounds (VOCs), carbon dioxide (CO) and sulfer dioxide (SO2) have been reduced by over 30% since 2002.

The NYSA states that these reductions were achieved through changes and efficiency measures - among them, updated equipment, retrofits, and increased use of rail. Forty-seven diesel-powered cranes were replaced by electric cranes. Many truck tractors that move containers within the port are new and have lower-emission engines.

Many of the cargo handling companies have also switched from non-road diesel fuel to highway diesel. Non-road diesel can have in excess of SIX times the sulfer content of highway diesel. Even more sulfur reductions could be made with Ultra Low Sulfer fuel, but that is not readily available by pipeline and would have to be delivered by truck from Philadelphia, at a prohibitive cost, not only in dollars, but in terms of increased highway truck traffic.

NYSA's position on a practice called "cold ironing" illustrates the tradeoffs that occur when making decisions that affect the airshed. "Cold ironing" is plugging into electrical power to run ship systems while at port. On its face, adoption of "cold ironing" seems a no-brainer from an environmental standpoint, since burning diesel fuel would be avoided. Environmentalists would generally sweep aside industry claims that investment in shipboard and dockside equipment is prohibitive and result in higher prices. However, the NYSA also points out that the huge amounts of electricity required would come from coal fired plants to the west, which already negatively impact New Jersey's air. Even New Jersey water is impacted by mercury emissions from coal fired plants. NYSA's position is that, given existing technologies, it is cheaper and more effective to move cargo through faster. Also, for off-road equipment, the NYSA does not support the use of the off-the-shelf retrofit technologies that are currently available. The Association contends that the feasibility and benefits of these products have not been verified through off-road testing, as the on-road technologies have.

In other business, the DEP announced that there were pre-application meetings for two 1200 megawatt electric generating plants. The plants will be gas fired with oil back-up. Proposed locations are Union County and Bergen County. There is also a proposal to build a 50-million gallon per year biodiesel manufacturing plant in Edison, NJ.

Another state-wide environmental organization, the New Jersey Environmental Federation (NJEF), is actively engaged in analyzing options for improvements in air quality at the Ports of New York and New Jersey. At the CAC's November meeting, Amy Goldsmith of NJEF and the Clean Water Fund presented the NJEF's recommendations for actions that the PANY/NJ can take to further reduce pollution.

The November 8th meeting was held at the University of Medicine & Dentistry (UMDNJ) NJ School of Medicine in Newark, NJ. The meeting was hosted by Leonard Bielory, M.D., Vice Chairman of the Clean Air Council.

In a presentation to the CAC, Ms. Goldsmith described diesel "hotspots" in Newark that place children at greater risk for asthma and other health risks because of elevated levels and spikes of diesel emissions, particulate matter and soot. Typically, emergency room visits can rise by 26% in New Jersey on what are known as "bad air days". That can be one day in three during the summer. Asthma alone is estimated to account for 12% of the managed health care costs in New Jersey. By 2010 the health care and other economic costs from diesel soot are expected to be 4.8 billion per year. To reduce these negative impacts, NJEF proposes the following: 100% state funding for retrofits of the diesel engines in public vehicles; truck rerouting around areas where children congregate; maximizing the availability and use of electric hook-ups for diesel vehicles and equipment; enforcement of the idling laws; and, requiring all diesel equipment utilized in public contracts to meet 2007 federal diesel engine standards.

Many of these same recommendations could be implemented at Port sites to reduce the effects of diesel emissions on port workers, truck drivers, and local residents. In particular, new warehouses should be fully equipped with electric "plug ins" and the Port Authority police force should enforce the State's idling law.

Ronald Low, M.D., Director of Emergency Medicine, Department of Surgery, New Jersey Medical School, UMDNJ presented the findings of a study which focused on the rise in the number of diagnosed cases of distressed breathing (seen by a health care professional) and 911 calls ("I am having trouble breathing") two to three days after incidents of high levels of pollutants ("bad air days"). The data indicate a stastically significant correlation between high concentrations of various pollutants and increased cases of distressed breathing two or three days later. Some health care professionals believe that in addition to immediate acute symptoms, there also can be delayed respiratory effects which more closely resemble an allergic reaction.

The results of this study appear to justify environmentalists' continuing concerns about emissions and illness. Data correlation should not be limited to immediate daily effects. Regulators, businesses, and the public must consider the continuing health costs, as well as the human misery that results from exposing people to diesel pollution.


NJEL Welcomes New Board Members -

NJEL is happy to announce the election of Monica Dytko of Edison and Dr. Jess Everett of Pittman to the Board of Directors. A graduate of the College of New Jersey, Ms. Dytko is a financial professional and she has already assisted us with her expert knowledge of computer hardware and software. Even before joining the Board, she assisted in the planning and execution of the 2006 Awards Reception. When she offered to "help in any way I can" she may not have realized how seriously we took that! Ms. Dytko plans to assist NJEL in membership recruitment.

Dr. Jess Everett is a Professor at Rowan University in Glassboro. He holds a Ph.D. in Civil and Environmental Engineering from Duke University. He is the author or co-author of an extensive list of scientific articles. His research and writings have included, but are not limited to, brownfields remediation, waste water and water quality, and recycling. He has led or participated in numerous environmental projects, including a trip with "Engineers Without Borders", during which he helped villagers improve a water supply system in Thailand. Dr. Everett also donated his time to repair athletic facilities in Picayune, MS in the aftermath of Hurricane Katrina.

NJEL is fortunate to have these two outstanding individuals join its Board of Directors. Their expertise and enthusiasm will be invaluable assets to the organization.

Legislative Update - by Michael L. Pisauro, Jr.

Collaborations
NJEL is continuing to work with the Coastal Ocean Coalition to improve the health of our coasts and oceans. We have met with DEP as well as legislators in order to pursue our agenda.

Amicus Briefs
NJEL is joining in as amicus in two matters involving New Jersey's land use. In Levin Properties v. Hamilton Planning Board, the grass roots group Save Hamilton Open Space is asking the Supreme Court to allow planning boards to examine external factors in their review of proposed projects. In Pond Run Watershed Association v. Hamilton Township Zoning Board, the local group seeks to overturn the township's approval of variances for a project that does not meet the stormwater management rules and runs counter to the township's zoning regulations.

Legislative Matters
At recent hearings of the Senate Environmental Committee, NJEL supported proposals to require all day care and educational facilities to be tested for contaminants. NJEL also supported requiring DEP to hold public hearings about shore replenishment projects.

New Regulatory Proposals
You might be surprised to know that mercury used in dental material is entering the New Jersey waste water stream. We are happy to see that DEP has proposed requiring dental facilities to install separators to remove mercury from waste water and to dispose of it more safely. NJEL has filed comments in support of this. DEP has also proposed regulations revising the flood mitigation rule and public access to beaches. Legislative Director Mike Pisauro is reviewing those proposals.

NOW WHAT?
The hearing mentioned above was held in the wake of a disastrous failure of DEP and local government oversight in Franklin Township, Gloucester County, which resulted in exposure of pre-schoolers to mercury. The former thermometer manufacturing facility, originally on a DEP list of contaminated sites, was sold to the operator of a child day care center. Although DEP and township officials knew the history of the site, the township issued an occupancy permit to the day care center, which opened in 2004. By early August, 2006, the business had already turned over to an owner, who closed it when tests indicated high levels of mercury vapor. This situation was covered extensively in New Jersey and Philadelphia newspapers (front page story in the Philadelphia Inquirer, August 10, 2006). The recriminations and investigations are sure to go on for some time. But what can we do about it, to prevent such situations in the future? There are a number of proposals, including an information database of sites that will be accessible to local officials. But a database is only as good as the input, and the willingness of officials to use it effectively. The NJEL Board is now discussing a policy guidance methodology known as the "Precautionary Principle". Quite simply, the principle is similar to the Hippocratic principle of "do no harm". In practical terms, the principle requires that policy and permitting decisions be made on the basis of scientific data and "no harm" to the public health, not tradeoffs of "acceptable risks" in return for tax ratables.

The "Principle" has been adopted in whole or in part by several states and by the European Union. NJEL is researching how other jurisdictions have applied the Principle and what consequences, positive, negative, and unintended, have occurred. If any of our members wish to assist in this endeavor, please call the office or mail to njel@earthlink.net. If you have information that could be helpful to our research, please share it. Send material or comments by mail to the office address or email to njel@earthlink.net.

Federal News
The Congressional delegations of New Jersey and other coastal states prevented passage of a bill that could have resulted in oil and gas drilling off the coast of New Jersey. It is unlikely that proponents of drilling will give up, however. Vigilance will be required during this year's lame duck session.

Voters Approve Ballot Question #2 -

NJ voters approved Ballot Question #2, 60%-40%. It is disconcerting that even 40% of voters did not see the value in dedicating funds to restore and improve New Jersey's parks, particularly with no increase in taxes. Clearly, we need to do a better job of educating the public about the value of our preserved habitats and recreational areas and what is needed to sustain them!

EEF's Watershed Education Program Underway for 2006-07 School Year -

In October, NJEL Board member Eugene Fox volunteered to assist EEF with its student education project. Gene presented a watershed education/nonpoint source pollution program to six classes at Bloomfield School #5. Gene's volunteer efforts have allowed EEF to conserve funds granted to us by the Environmental Endowment for the project and will allow us to reach more students. EEF is accepting requests from schools for programs during this school year. Interested teachers or principals should email us at njel@earthlink.net to schedule presentations. Presentations are available for primary, elementary, middle and high school students and for after-school day care centers.

EEF Board Vacancy-

The Environmental Education Fund is accepting applications for a vacancy on its Board of Trustees. The EEF Board directs the public and student education projects of the organization. Board members are expected to promote the Green Town program and other EEF activities. Interested parties should send a letter of interest and resume to njel@earthlink.net


REMEMBER!

The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!



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