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!