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    Virginia Naturally

    Journal

    Questions Remain About Sludge’s Long-term Effects

    August 24th. 2008

    Nutri-Blend, the biosolids company that hauls treated sewage sludge to farmlands, finally got its way last week in Campbell County. The firm delivered the first of some 1,400 tons of sludge from a Washington, D.C., wastewater treatment plant.

    The sludge, or biosolids as the industry that hauls the substance prefers to call it, is a mix of treated human waste and industrial sewage.

    Rich in nutrients, the material is applied to hayfields and pasture lands at no cost to the farmer who owns the land. It amounts to free fertilizer for the farmer, whose land becomes a repository for the solid waste that otherwise would have to go to a landfill. The Campbell farmer in this case is G.D. Gilliam. The sludge was spread on his 134 acres of farmland near Gladys.

    But, is the material entirely safe to humans exposed to it in homes near the fields? What about the effects of runoff into nearby creeks and streams? Are there long-term hazards that no one knows about at this point? And what exactly is in the endless amounts of the stuff that Nutri-Blend and other firms that haul it are so happy to find a country home for? 

    These are questions that Virginia and Campbell officials sought to answer during the permitting process that took more than a year and half. In January 2007, some 400 concerned residents crowded into the county office building in Rustburg to protest Nutri-Blend’s proposed permit modification to increase the amount of permitted land in the county to nearly 3,000 acres.

    Most were concerned that the sludge could contain toxic materials that would harm the environment, including those who live nearby. They sought unsuccessfully to ban the sludge from being spread in the county.

    While the state has monitored the substances as they come out of waste treatment plants and says they are safe to spread on fields, the federal Environmental Protection Agency has yet to give them a clean bill of health. The agency says further studies are needed to determine if the biosolids are completely safe for the long term.

    Meanwhile, observers at the Campbell site last week said the sludge is safe and ground it up in their hands to make the point. As for complaints of sewer odor that had been raised at public hearings, there were none. The only detectable odor was an ammonia smell, which the biosolids director of the wastewater treatment plant said was a result of the treatment process.

    Chris Peot confirmed that not all biosolids are treated the same way and that some do, in fact, have a temporary pungent sewer smell to them.

    The treatment process for the sludge spread in Campbell — the first in the county — involves treating the suspended solids, including human waste, with lime to kill 95 percent of pathogens and allow the material to decompose. The result is a slow-releasing nutrient fertilizer for farm land.

    The most alarming aspect of the substance is the 6 percent that is industrial waste that could include heavy metals such as zinc and mercury. Treatment plant officials say, however, that such metals are permitted at certain levels. Tests conducted on the material are designed to ensure the metals don’t exceed those levels.

    The prolonged debate over whether to allow the spread of sludge did result in one safeguard for county residents. It brought the county in line with state standards that allow for a testing and monitoring ordinance.

    That will give county officials a better idea of exactly what is in the stuff and how it is affecting the land, including the water quality of nearby creeks and streams.

    Before the first 25-ton truckload was dumped, Campbell took about as thorough a study of the sludge as state law permits. Questions still abound about the long-term effects. But for now, those who questioned the wisdom of allowing the sludge to be spread must depend on the county monitors to detect any potential problems before they become hazardous to the health of those living nearby.

    Lynchburg News and Advance

    You can find more information about sewage sludge and the EPW hearings at Sludge News: http://www.sludgenews.org


    Storm Surge

    April 22nd. 2008

    Although we're not in the habit of praising higher prices for government service, Richmond's planned restructuring of stormwater utility rates has much to commend it. The higher charges not only will be accompanied by improved service, they also will be levied in a more equitable and environmentally sound way.

    At present, the city pays for stormwater management from the general fund, which is replenished largely through real-estate taxes. Under the new system, inhabitants will pay into a dedicated fund based on the amount of impervious surface on their property.

    That insulates a core service from competing with niceties -- or profligate waste -- in Richmond's budget. Even more important, it imposes something like a user fee on property owners. The program contains incentives to behave in environmentally responsible ways -- for instance, by installing grassy swales and retention basins at the edges of parks and parking lots to catch stormwater runoff and prevent fertilizer, pet waste, and other pollutants from flowing into drains and, ultimately, the James and Chesapeake Bay.

    With the additional money the city expects to collect, it plans an expanded and improved program of maintenance for the 34,000 stormwater drop inlets around the city and the miles upon miles of ditches in older residential areas. It also will be able to proceed more expeditiously with infrastructure projects such as the one meant to ease -- finally -- flooding in the area where German School Road and Midlothian Turnpike meet.

    Those improvements are not only welcome, they are all but mandatory: Regulatory changes compel Richmond to improve its stormwater management. And the city, like much of the the rest of the commonwealth, must find ways to improve water quality in the Chesapeake Bay -- or Washington will step in and take over. The fertilizer put on a lawn today will wash into the Bay tomorrow (which is one reason the maker of a popular lawn-care product is airing public-service announcements reminding homeowners to sweep fertilizer off their driveways).

    Public utilities rank among the more boring topics of public concern -- until something goes wrong, like the flooding from Gaston in 2004 or the flooding of Battery Park in 2006. Then their importance becomes painfully and urgently apparent. Better for the city to invest wisely now than to wish it had in the future.

    Richmond Times-Dispatch


    A push for greater pollution controls at proposed plant

    April 9th. 2008

    The nation's leading voice for the national parks, the National Parks Conservation Association (NPCA), recently submitted comments and an expert's report to the Virginia Department of Environmental Quality asserting that Dominion Power's proposal to build a coal-burning power plant in Wise County would use outdated technology and unnecessarily pollute Virginia communities and national parks in Tennessee, Virginia and North Carolina.

    NPCA is advocating for a more effective pollution-control technology system that is better for the environment, the health of local residents, and the economy of the region.

    The proposed power plant will pollute Virginia's skies and significantly degrade the air quality in our national parks. We must ensure that if a new coal-fired power plant is built, the best possible technology is used to protect the health of our citizens, wildlife and national parks. Calling this a "clean coal" plant doesn't mean it's actually using the cleanest technology.

    A recent National Park Service analysis found that pollution from Dominion's proposed plant would degrade air quality at the Blue Ridge Parkway in both Virginia and North Carolina, and in the Great Smoky Mountains National Park in Tennessee and North Carolina. The National Park Service identified better technologies that will reduce harmful pollution, and urged Dominion to consider them.

    NPCA commissioned Hensley Energy Consulting LLC to review Dominion's draft permit and determine whether the plant really would use the "cleanest" possible technology, as Dominion claims, or whether alternate technologies might reduce the pollution impact on Virginia communities and nearby national parks.

    Key findings of the analysis include:

    • Dominion's plant would produce significantly more air emissions and solid waste than alternative technologies, even those that use coal as fuel.

    • Data show that the Dominion project will produce substantially more pollution. Compared to the "best in class" Supercritical Pulverized Coal projects, the Dominion plant will produce seven to 10 times more sulfur dioxide, and 50 to 150 percent more carbon monoxide, volatile organic compounds and mercury emissions. Compared to the "best in class" Integrated Gasification Combined Cycle (known as IGCC) technology, the Dominion project will produce approximately five to 15 times the amount of mercury, carbon dioxide, nitrogen oxides and volatile organic compounds emissions.

    • Dominion claims its plant can be "retrofit" at some later date to capture greenhouse gas emissions. But the Hensley report shows it will be far more costly over the long run to change the existing plant to capture greenhouse gases than to build an IGCC plant today.

    • Cleaner technologies like IGCC and Supercritical Pulverized Coal plants are already in use, and are not "experimental" as Dominion maintains. The National Park Service provided the Virginia DEQ with an extensive list of existing and planned applications of these technologies.

    With the significant public interest and issues at stake in this case, the National Parks Conservation Association encouraged the Air Pollution Control Board, a five-member governor-appointed citizens board, to reclaim its power to evaluate permits for the plant, which were delegated to the Virginia Department of Environmental Quality. At a March 20 meeting in Alexandria, the board reclaimed its power from the DEQ and took over the process for evaluating the air permits for Dominion's proposed plant.

    Newport News Daily Press

    Something in the Water

    April 8th. 2008

    FORGET TREKKING to Canada if you want cheap prescription drugs. Just head to the kitchen sink.

    A recent Associated Press story said that trace amounts of pharmaceuticals had been found in tap water in 25 of 28 municipal water supplies tested, including the District's. The Environmental Protection Agency does not regulate these compounds in the water supply, though studies have detected them at concentrations that are thousands or millions of times lower than the concentrations allowed for those water contaminants that the EPA does regulate. Since levels are so low, experts say, the health risk that the pharmaceutical traces pose is probably negligible.

    Still, little is known about the effects of long-term exposure to very low levels of drugs. Scientists have only recently been able to detect contaminants at these very low levels, so research is still in the early stages.

    What would facilitate this research, surely, would be greater willingness from water treatment authorities to release the results of tests carried out on their water. Water treatment authorities seem generally reluctant to disclose this information, citing either national security concerns (which seem laughable, given how low the concentrations are) or the potential for confusion because consumers don't understand how low the concentrations are and may be too scared to continue drinking tap water. Transparency would promote better science and consumer trust, and this confusion could easily be overcome by greater education and outreach.

    Washington Post


    Offshore oil

    March 24th. 2008

    Virginia may have itself to blame if it ends up with oil derricks off its shore. We asked them in — or our representatives did, without asking us — when the General Assembly passed an energy bill two years ago that embraced the idea of filling the state's fuel tanks and its treasury by exploring offshore.

    That decision deserved broad public discussion, rather than a swift and little-examined invitation from the lawmakers and the governor in 2006. But don't assume the public would have made a different choice, or would make a different choice today, especially if you pose the question this way: "Which do you prefer, affordable fuel or a beach horizon free of oil derricks?"

    Another reminder of the choice came last week, when the U.S. Senate considered an effort to breathe new life into the idea of finding and developing oil and gas off the U.S coast. The question at hand wouldn't have made drilling off Virginia's coast happen, but it would have encouraged congressional budget negotiators to make it part of their discussions.

    The measure didn't pass. But the sponsor, Sen. Lamar Alexander, said why the plan was to begin with Virginia: "They asked for that."

    That ask, spearheaded by state Sen. Frank Wagner and formalized into state law in 2006, could come back to haunt us. Already, just asking to be considered for offshore exploration has led the federal government to single out Virginia as a starting point for a national commitment to off-coast drilling, pointing out, as Alexander did, "They asked for it."

    Or rather, the General Assembly did. Virginia's pro-drilling stance was adopted without any meaningful discussion that included the public. Legislators acted at the urging of the oil and gas industry. So one constituency was heard from, but not the voters, residents, taxpayers, tourist businesses or others who may have to live with the implications of offshore drilling.

    Those implications are problematic. Environmental concerns range from oil spills fouling beaches to whales being harmed by the sound booms used to locate oil and gas. There's the prospect of derricks on the horizon uglifying now-beautiful beach views. The Navy is queasy about interference with its Atlantic Ocean operations. And we feed our addiction to fossil fuels at the cost of air pollution and climate change.

    Neighboring states are opposed, fearing that oil from rigs off Virginia could drift onto their beaches, and that offshore drilling, once launched by Virginia, will end with derricks off their coasts, too.

    Some politicians and drilling supporters are trying to dance around those implications, hoping the public won't see or care.

    They talk about gas-only drilling, ignoring the reality that the industry goes after both gas and oil.

    They talk, as Gov. Tim Kaine has, about pushing the rigs out at least 50 miles, ignoring the fact that Virginia has no jurisdiction beyond three miles — just about at the visible horizon for a person standing on the beach. An offshore oil rig would rise above that horizon; the taller the rig, the farther the visibility.

    And, here's Kaine again, about allowing exploration only, not production — ignoring the reality that companies aren't going to go looking for something they can't take advantage of, and that if reserves are discovered, the pressure to exploit them will be irresistible.

    Offshore oil may turn out to be an essential part of the nation's energy future. But it should be incorporated only after the nation at large has weighed the implications, only after we have developed the means to minimize the downside, only when we adopt other strategies, notably conservation, to reduce our reliance on fuel sources with real dangers.

    But above all, let's have the discussion out in the open. So people can confront difficult choices like this one: Will you tolerate gasoline at $6 a gallon, if that's what it takes to keep offshore oil off limits?"

    Tradeoffs are everywhere, and the answer isn't obvious, but the Virginia lawmakers who put us in this "me first" position ought to hear how their real constituents feel about being first in that line. Let them know.

    Newport News Daily Press

    Climate Change in Virginia

    March 20th. 2008

    Few environmental issues have gripped our national conscience like global warming. School-age kids, college students, baby boomers and seniors alike are increasingly aware of the climate-change phenomenon. And as climatological research is refined, a growing majority is more and more accepting of the science behind it.

    Indeed, when Gov. Timothy M. Kaine addressed the first meeting of his recently appointed climate change commission, he alluded to this growing awareness, calling global warming "the environmental issue of this and the next generation."

    Virginia's contributions to global warming can be calculated. The impacts of climate change on our citizens, environment and economy can be assessed. And with these calculations and assessments, we have the fundamentals to begin developing strategies to deal with it all — which is precisely the goal of the governor's commission.

    What we know preliminarily is this. Greenhouse gases come mostly from power plants and motor vehicles, with each contributing roughly a third of all emissions. The remaining third comes from industrial and manufacturing processes, solid waste disposal and agriculture. All totaled, according to the Department of Environmental Quality, Virginia produces approximately 181 million metric tons of carbon dioxide emissions, ranking us 17th among states. Such was sufficient to inspire Kaine last summer to call for a greenhouse gas-reduction goal of 30 percent by 2025.

    Still, there are some who ask why Virginia should study that which is a global issue. There are several answers.

    First, Virginia is a coastal state, thereby requiring policymakers to at least assess how warming ocean temperature and resulting sea-level rise might impact our coastal resources and economy. Virginia has nearly 3,500 miles of coastline and tidal shoreline, much of which borders the most ecologically diverse wetlands and estuary in North America. Our coastal region also is home to hundreds of billions of dollars' worth of personal property and commercial, industrial and military infrastructure.

    Second, we have interior regions that comprise economically and ecologically important natural areas and working farm and forest lands. Warmer temperatures will impact the vegetation and wildlife that are part of the human food chain. We need to know how.

    Last, states' actions can indeed impact the global warming phenomenon. According to the World Resources Institute, greenhouse gas emissions from Virginia and the Carolinas are equivalent to industrialized South Korea's emissions. The Northeastern states' emissions equal Canada's. And the output from just 10 mostly Midwestern states equals that of India, which we know to be one of the world's leading contributors to global warming. So, yes, states' actions to curb greenhouse gases can be globally significant.

    The governor created a climate change commission that is balanced in composition and mission. It is composed of scientists, economists, environmental advocates, land-use experts, local and state policymakers, and representatives from the energy, transportation, manufacturing and development sectors, among others. It has identifiable Republicans and Democrats, and many whose party affiliation is entirely unknown.

    The commission's purpose is to assess the likely impacts of climate change on Virginians' health, natural resources and economy. It also is to develop strategies to meet the governor's goal so that we might adapt to — and hopefully mitigate and play a role in halting — global warming's effects on the Old Dominion and beyond.

    Newport News Daily Press

    Bright ideas to lower the light bill

    March 17th. 2008

    For the average American household, lighting accounts for 15 percent of the electricity bill, according to the U.S. Department of Energy. But you can save $14 per year if you swap just one regular light bulb for a compact fluorescent light bulb. (Count how many you have and add up the savings.)

    These inexpensive and easy changes -- recommended by the Good Housekeeping Research Institute -- are smart ways to slash your electric costs.

    Get new bulbs

    You probably know that those twisty compact fluorescent light bulbs (CFLs) are more energy-efficient. In fact, ones that are Energy Star-qualified use about 75 percent less electricity and last up to 10 times longer than traditional incandescents. CFLs now even come in a covered style that resembles a regular bulb, so they don't look strange in certain fixtures and can hold a clamp-on lampshade.

    Manufacturers also have worked to reduce that hard blue cast typical of earlier fluorescent lights. CFLs do contain a small amount of mercury, so you should follow the EPA's directions for disposal and cleanup if one breaks (epa.gov/mercury/spills).

    To find out which CFLs have the best light quality and brightness, the Good Housekeeping Research Institute and consumer testers compared a standard 60-watt soft-white light bulb against 23 equivalent CFLs. The big illumination: The winner's light quality was preferred over the regular incandescent.

    Turn down the lights

    It's a no-brainer: The lower the lights, the less electricity used. In cases where you use regular bulbs (many CFLs aren't compatible with dimmer switches unless the package says so), setting your dimmer at 75 percent output saves an estimated 20 percent in energy -- and it can quadruple the life of the bulbs.

    Because people often turn a dimmer to full blast without thinking, the Good Housekeeping Research Institute's engineers recommend a special dimmer that can cap the light output at 85 percent, automatically conserving energy.

    The winning CFLs and dimmer

    In the Good Housekeeping Research Institute's tests of CFLs, the overall winner was the Satco Energy Saving Mini Spiral Bulb 13W ($3.49). For a budget alternative, Good Housekeeping suggests trying Great Value Soft White Compact Fluorescent Bulbs ($7.58 per four-pack). Sylvania Soft White Compact Fluorescent 14W ($7) was the top covered bulb, though the Institute's testers preferred light from the uncovered, twisty-style bulbs in general.

    If you prefer to make the switch to a dimmer, Lutron's Skylark EcoDim dimmer ($26.50) performed well in Good Housekeeping's evaluations. Testers didn't mind the lower lighting, so you likely won't either.

    Power-off savings

    Stairways, halls and garages get a lot of through-traffic, and people often forget to shut off lights once they've passed by. Install motion sensors that turn lights on when you walk in and off when motion is no longer detected. Indoor sensors range from $15 (with the sensor fixed in the wall switch) to $45 (a kit with a separate sensor to put where you'd like). Outdoor ones can cost from $16 (for basic floodlights) to $100 (for more decorative or powerful models). Outdoor fixtures that are solar-powered -- used for driveways and patios -- charge during the day and don't draw from house electricity ($60 to $100).

    Easy eco-friendly changes

    Swapping bulbs isn't the only way to save money at home while also saving the environment. Here are some other painless suggestions from Good Housekeeping.

    Bathroom: Switch to low-flow showerheads. A family of four can cut water usage by as much as 280 gallons a month and not feel much difference in water pressure. Kohler's Master Shower Eco (kohler.com) or Niagara Conservation's Earth Massage (niagaraconservation.com)

    Patio: Try solar-powered lighting in your yard or on your patio. Malibu's Solar Floodlight (intermatic.com)

    Lawn: Today's nongasoline-powered reel lawn mowers are easier to push than the old models. They have zero emissions, and you get great exercise. If you prefer a power mower, consider a battery-operated model from Black & Decker.

    On another matter

    It's your little secret: The bare floors under your bed, sofa and bookcases rarely get cleaned because they're just too difficult to reach. Well, now the resident bunnies will have to find another hutch to hide beneath -- Good Housekeeping says the new Good Grips Under Duster ($25) has a special joint in the handle that bends a full 90 degrees, so the mop easily can slip below furniture that's low to the ground. The duster's microfiber pad is washable and extra wide. But if you prefer a dry disposable cleaning cloth, just attach one to the head.

    Roanoke Times


    Editorial: Test Virginia's waters

    March 13th. 2008

    Drinking water around the country contains pharmaceuticals, The Associated Press reported this week. It found hormones, antibiotics, cholesterol-lowering drugs and other chemicals in cities' water supplies.

    There are trace amounts of plenty of things in drinking water that cause no harm. The science is still out on pharmaceuticals, and there is certainly no need to panic.

    All the same, that does not justify ignoring the potential problems. For starters, people could stop flushing medication or washing it down the drain. Those are two ways trace amounts end up in the water supply.

    The Western Virginia Water Authority, which serves Roanoke and Roanoke County, assures drinkers the region's water is fine. Great! Where's the analysis? Conjecture about how Carvins Cove is a naturally protected environment and a quarter of the water comes from wells rings hollow in light of the national findings.

    The water authority says it will test for pharmaceuticals if the state mandates it. Then let's get that state mandate in place. Uniform standards for testing from the State Department of Health would beat a hodgepodge of practices among different utilities.

    If Virginia water companies know what is in their product, they will be able to react quickly should the science someday discover risks.

    Moreover, the test results would give Virginians the data they need to make an informed decision about their water. They should not have to rely exclusively on a utility spokesman.

    More than drugs

    For too long, Americans have treated water cavalierly. Pharmaceuticals are only the most recent taint.

    Weather permitting this weekend, many homeowners will fertilize their lawns. They should think twice. Nitrogen and other chemicals tend to find their way from lawns to the watershed.

    At least the General Assembly this year took steps to mitigate this, by requiring fertilizer companies to test lawns before applications.

    Lawmakers also passed a bill to reduce phosphates that have been contributing to environmental problems in the Chesapeake Bay and beyond. Virginia will ban them from home dishwasher detergents in 2010.

    Water is necessary for life as we know it. If we do not respect it, the trace amounts of bad things will grow. The first step to minimizing the risk is finding out where we stand now by testing the water.

    Roanoke Times


    Editorial: Endow the Bay to Clean it Up

    March 10th. 2008


    Letter: Eat Locally, Ease Climate Change Globally

    March 9th. 2008

    The Washington Post

    My farm is in the foothills of the Appalachian Mountains in southwestern Virginia. Like many others who have recently made the transition from tobacco to organic farming, we sell our produce through local and regional channels, including the farmers market in the nearby town of Abingdon, population 8,000.

    Of late, a number of commentators have disparaged local food economies, based on two claims: First, that shipping food long distances in fully loaded tractor-trailers is more efficient than local transactions; and, second, that consumers travel much further to buy local foods, creating more, not less carbon emissions. They're wrong.

    A full tractor-trailer hauls about 32,000 pounds of produce. On average, according to the Leopold Center for Sustainable Agriculture at Iowa State University, this food travels about 1,750 miles from farm to market, in trucks that get about 5.5 miles per gallon. That's 320 gallons of fuel to transport 32,000 pounds, or about a gallon of fuel for every 100 pounds of food.

    My farm is an eight-mile round trip from the Abingdon farmers market. Our '94 Toyota pickup gets 15 miles to the gallon, fully loaded, so my trip to and from the market uses just over a half gallon of gas. We take and sell an average of 1,600 pounds of fresh produce every Saturday morning. This works out to 3,200 pounds of food for every gallon of fuel expended. That's 32 times more efficient.

    Of course, not every farmer lives four miles from his or her market. But our local experience, along with studies carried out in Austin and Toronto, indicate that most farmers stay within a 50-mile radius. Assuming they carry about 1,000 pounds -- a third less than we do -- the average local food transaction delivers 500 pounds of food per gallon of fuel, five times more efficient than conventional transport.

    So the argument that shipping food in tractor-trailers is more efficient than local food transactions doesn't hold up. But are consumers traveling so much farther to get to farmers markets that their additional fuel use offsets any efficiency gains? Though the data are a bit sketchy, two points stand out. First, in spite of the dramatic growth of Wal-Mart and other "one-stop shopping" outlets, our shopping miles are steadily increasing. As author Stacy Mitchell has pointed out, we Americans increased our travel -- just for shopping -- by over 90 billion miles from 1990 to 2001. That's billion with a "B." It's safe to say that most of those new miles were not spent seeking out local food.

    Second, several studies indicate that consumers are not willing to travel more than six to eight miles or 15 to 20 minutes by car to shop at a local market, perhaps slightly more than what people will travel to reach the big-box store. And with farmers markets proliferating across the country, from 1,750 in 1995 to nearly 4,500 now, they're getting closer to consumers and farmers every year.

    One last thing: So far as I know, no food ever arrives at a farmers market by airplane. Yet air freight, which generates 10 to 30 times as much carbon per mile as trucking, is becoming a major part of the global food system.

    When my wife and I get up at 5 on Saturday morning to start packing our truck, a cup of strong coffee and a glass of orange juice make it a little easier. So we're not dogmatic about local foods. But we also know, first hand, that locally produced foods are increasingly abundant, convenient and rewarding. The critics notwithstanding, buying local food is a sensible way to eat well, save fuel and reduce your carbon footprint.

    Anthony Flaccavento, Abingdon, Va.

    The writer is a food and society policy fellow and director of Appalachian Sustainable Development.


    Editorial: Conservation secrets

    March 7th. 2008

    The Roanoke Times

    A barely noted bill now in conference committee in the General Assembly would throw an unnecessary cloak of secrecy over Virginia's conservation easement program.

    The bill would amend code that defines confidential tax documents to include "any document containing information on the transactions, property, income or business of any person, firm or corporation that is required to be filed with any state official" as part of the land preservation tax credit program.

    It is illegal for any state official to disclose confidential tax documents, which are exempt from Virginia's Freedom of Information Act.

    The Department of Conservation and Recreation asked for this legislation because officials feared that confidential information sent to the department with applications for conservation tax credits would not be covered by current law.

    We don't understand that fear, since current law makes it "unlawful for any person" to release confidential tax documents.

    But even if the concern is valid, the remedy is overly broad.

    The Department of Conservation and Recreation handles applications for conservation tax credits of more than $1 million.

    That's a lot of money, and the public needs to know that tax credits are given wisely.

    Unscrupulous landowners in the past found ways to exploit the tax credit program, obtaining easements for undevelopable land with inflated assessments.

    The Virginia Coalition for Open Government worked to get an amendment passed in the Senate that would allow the names of applicants and the locations of their property to be released.

    The House refused that amendment, and the two sides are attempting to work out the difference in committee.

    The state gives out $100 million in tax credits every year. The worthwhile program helps preserve green space in the state. But with that kind of money at stake, the public needs to be able to ensure the program is not abused.

    Applicants' confidential tax information should remain private. But people should know who is applying for the credit, and what property they want to apply it to.

    The Senate version should prevail.


    A Little Green?

    March 5th. 2008

    Style Weekly

    A group of mostly South Side parents are attempting to trump the status quo and get the Richmond School Board to go green. The parents proposed the state’s first charter school focusing on a “green” curriculum that integrates ecology and environmental lessons into all areas of study.

    They first submitted the proposal to the School Board Oct. 6, and the board’s review is ongoing. But there are hurdles — namely, the School Board’s malaise of internal dysfunction and political infighting with City Hall, not to mention a history of resisting charter schools.

    “We rarely get people saying, ‘No, that’s not what the city needs,’” says Richard Day, president of the Patrick Henry School Initiative, the green South Side parents group. The group hopes to win approval from the board to use the shuttered Patrick Henry Elementary School as its schoolhouse — and the adjacent Forest Hill Park as its backyard laboratory.

    “It’s an absolutely perfect spot to have a green school,” Day says. “My sense is there’s a good chance [the School Board] will shoot it down, but they won’t probably give us any solid, supportive reason.”

    Day’s solid, supportive reason the board should vote for the plan? “In my opinion, they have nothing to lose and everything to gain,” he says.

    The school would incorporate a number of other initiatives much bandied about in education circles that frequently run aground on the treacherous rocks of bureaucracy. A year-round school calendar, mandatory uniforms and binding parent contracts mandating participation all are built into the Patrick Henry proposal.

    “Charter schools are started to implement things the public schools can’t do,” says Day, who carefully qualifies the statement with a reminder that charter schools are still public schools and that Patrick Henry would be open to all city students.

    The charter school question is nothing new in Virginia or around the country. The idea started catching fire in the early 1990s and culminated about seven years ago as President George W. Bush thumped into office promising education reforms and “No Child Left Behind.”

    Elsewhere in the country, charter schools have thrived and done little to prove critics’ fears that they draw needed resources away from public schools or set up dual education systems in some districts. But criticism remains, with questions often tinged in subtle hues of race or class divides.

    In Virginia, charter schools are more tightly regulated and tend to focus on specialty programs — such as math and sciences — or professional trades.

    “We’ve had charter schools that have opened and subsequently closed,” says Charles Pyle, a spokesman for the Virginia Department of Education and the State Board of Education. “At one time, we had a dozen or more charter schools. Now we have, at present, three.”

    Fewer than 250 students in the state attend charter schools.

    “In our second year we’d double that number,” says Day, who expects 345 students at Patrick Henry by the school’s third year of operation as a kindergarten through sixth-grade facility. He promises the school would reflect the complexion of Richmond, likely drawing as much on the surrounding, majority-black neighborhoods as on the core parent group — mostly white — that has championed the proposal.

    The State Board of Education reviewed the proposal for the new school, which would be called the Patrick Henry School of Science and Arts, at its Feb. 21 meeting. Given no legislative authority to approve or deny such proposals, the board’s review provided advisory criticism that Day says his group plans to incorporate into its evolving plan.

    Day says he’s prepared to answer less neutral critics, including those who’ve questioned the group’s credentials. Those credentials, Day says, “include no less than a dozen” former and current public school teachers, including Greg Stallings, Richmond’s 2006 Teacher of the Year.

    What started as the vision of one Woodland Heights parent, Gina Wojtysiak, has since grown to include 150 active supporters and more than 300 petition signers.

    School Board Chairman George Braxton is initially positive, but noncommittal, about the Patrick Henry proposal — particularly about the group’s hope of using the Patrick Henry Elementary building.

    “Obviously, it having not come before us, I can’t express an opinion,” Braxton says, but “I think they have some extremely intriguing concepts that I’ve been on record supporting.”

    There’s no stigma around the charter-school concept in Braxton’s mind: “So, is there a charter school that can work well within Richmond Public Schools and provide our students with something that’s beneficial?” Braxton asks. “I have no doubt. Is this the one? We have to wait and see.”

    By Chris Dovi

    Editorial: Save the corn for bread

    February 13th. 2008

    With the Iowa caucuses a memory, Congress now can hold a rational discussion about biofuels. The rush to use them will not solve the world's climate troubles; it will make them worse.

    Washington likes biofuels -- fuel created from corn, sugar or other plants -- for a few reasons. They play well in early-voting Iowa, whose farmers have long demanded ethanol fealty from both parties.

    They also reduce dependence on foreign sources of oil. "America can grow its way to energy independence," makes a snappy sound bite.

    Most important, Congress wants to look like it is doing something about global climate change. The working assumption had been that biofuels are carbon neutral because the plants extract carbon from the atmosphere while they grow.

    It turns out that assumption is wrong. Two independent studies that appear in the current issue of the journal Science found that relying on traditional biofuels would be worse for the environment than burning gasoline.

    One found that corn-based ethanol would produce twice as much greenhouse gas over the next 30 years. The other found that converting wild lands to farm uses to feed the biofuel demand would further increase global warming gases for more than a century.

    America must look elsewhere.

    To start, Congress can pursue obvious options such as adopting tougher conservation standards.

    The more productive steps, however, will require courage. Lawmakers should end subsidies for corn-based ethanol. That money could become the seed for a massive research project to find new and improve old alternative energy technologies.

    The enormity of the problem demands thinking along the lines of the Apollo and Manhattan projects. To reach the moon and develop the atomic bomb, America invested huge sums. It brought together the brightest scientists and engineers, challenging them to find new solutions to difficult problems.

    Corn and other crops that require vast acreage will not create energy independence, and they will not end global warming. America must invest elsewhere as it tries to break its addiction to fossil fuels.

    The Roanoke Times


    Editorial: Don't taint uranium study

    February 12th. 2008

    A study of the potential benefits and pitfalls of uranium mining in Virginia seems reasonable.

    A study paid for by the uranium industry does not.

    A bill working its way through the state Senate would set up a 17-member commission to oversee a National Academy of Sciences study. Its purpose would be to determine whether uranium mining and milling could be done safely in Virginia, possibly ushering in an end to the state's 25-year ban.

    The study would be paid for with industry donations. Bad idea.

    Oh, we know that the chairman of Chatham-based Virginia Uranium Inc., which hopes to mine deposits that lie beneath the family farm in Pittsylvania County, has said his company will pay for the study and live by the results, whatever they are.

    But, tight as money is in Richmond these days, the state should decline the offer and pick up the tab. An industry-financed study might settle nothing, at least in the minds of the people who would be most affected -- the residents of Pittsylvania County and downstream Halifax County.

    If the findings suggested that mining would be disastrous to people's health and to the environment, skeptics would accept them as an impressive display of scientific objectivity.

    If the findings suggested that uranium could be mined safely, skeptics would regard them as tainted, bought by interests that then could exploit what is believed to be the largest uranium concentration in the country, one that could be worth billions of dollars.

    The Senate Agriculture, Conservation and Natural Resources Committee amended the bill to include all of Virginia in the study. It initially was limited to two Southside planning districts, but uranium deposits have been identified in other parts of Virginia's Piedmont.

    As the Southern Environmental Law Center pointed out, a law tailored just to meet the needs of a special interest might not be constitutional. It surely would be less credible than one that could impact any place in Virginia where uranium might be found.

    State funding is another necessary change.

    The Roanoke Times


    Editorial: Bedford Takes a Step Toward the Future

    January 23rd. 2008

    The Lynchburg News and Advance

    The more people who become involved in local government, the better that local government will be. At the very least, it will be more responsive to the wishes and desires of the people.

    That seems to be the rationale for a citizens committee proposed by the Bedford County Planning Commission to help the county implement its new comprehensive plan. That plan, which was drafted and developed by the Planning Commission, was approved last June by the Board of Supervisors.

    The proposal for a committee to oversee land use decisions under the comprehensive plan is a good one. It is, in fact, required by the comprehensive plan.

    As commission Chairman Fred Fralick explained recently, the committee will look at how commission members vote on land use matters in light of the new plan. He referred to the panel, which will be discussed when the commission meets today, as a body that would keep a “score card to see how we are doing.”

    While the number of members and the term of membership on the committee has yet to be decided, Fralick said the group would be a mix of commission appointments and volunteers. Each of the county’s seven election districts should be represented. He hopes to have the committee assembled by the middle of the year.

    Ideally, he said, the best candidates for membership would be those who have an expertise in areas relating to land use. Someone with a background in watersheds and how they affect the environment would be valuable, for example.

    Fralick compared the new committee to one the supervisors formed last year that advises them in farming matters that come before the board from time to time. “If we could get something using that as a model, I think the county could be enhanced,” Fralick said.

    Such a citizens planning advisory panel would not be unique with Bedford. Lynchburg has a similar “steering” committee composed of 24 members who give feedback to city planners on proposals that affect the city’s comprehensive plan.

    And it’s important for such a committee to keep residents up to date about rezoning plans that could substantially alter a particular section of the county or a neighborhood. Often it is too late for concerned citizens who wait until a public hearing before the Planning Commission or supervisors to express their objections.

    As one Bedford resident pointed out, waiting to comment at the public hearing is “like trying to catch a train that left an hour ago.”

    Adhering to goals set forth in the comprehensive plan requires the diligence of lots of people from the county planning department through the Planning Commission and ultimately to the Board of Supervisors. A committee that will keep its eye on whether land use decisions conform with the new comprehensive plan can only make that plan stronger and better for the future of Bedford.

    It will be a useful tool as the county embraces a future that is likely to be far different from its rural past.


    Editorial: A Public Golf Course at Oakwood?

    January 16th. 2008

    The Lynchburg News and Advance

    A discussion over the future of golf at Oakwood Country Club has been quietly simmering over the past week or so. That discussion was prompted by the news from Oakwood that play at the golf course has been suspended for the time being.

    “We’re in the process of looking at options for the golf course,” said club president Bill Martin.

    The 70-acre course in the heart of the city’s Rivermont area underwent a nearly $1 million renovation in 2005. That renovation of the former 18-hole course resulted in a nine-hole course that could accommodate golfers who are hitting the ball farther with today’s equipment and technology. The renovation also created a driving range and a practice facility the course did not previously have.

    The club’s board of directors had leased the course to Jennie and Bill Allman, who own Ivy Hill Golf Club and who also lease the course at Poplar Forest. The Oakwood lease ran through 2007 and once it ended, Martin said, it freed the club to pursue other options.

    One of those options would be to sell the property to a developer, a move that probably would not be met with any joy among the surrounding property owners. Open space in the Rivermont area is already being snapped up by developers willing to build as soon as they can get the appropriate rezoning from the city.

    Why take one of the last large open spaces in that part of the city and turn it into yet another subdivision?

    There’s another possibility that’s worth considering at this point in the future of golf at Oakwood. And that is this: Would the city be interested in taking over the course as a municipal golf course?

    Lots of great cities across the country have municipal courses that have added substantially to the quality of life within their boundaries.

    For years, the city has had plans for a municipal golf course in its recreation department goals. Such a course was planned at one point in the early stages of the development of Blackwater Creek Park. But it never happened and those plans undoubtedly have gathered lots of dust in the intervening years.

    Now the city has an opportunity to acquire a fine course in a section of the city that would like to see that 70 acres or so remain as a golf course and open space and not developed for more housing - not even upscale housing.

    Oakwood has already become accustomed to the public playing on the course there. It became semi-private for the first time in its history when it was leased to the Allmans. That meant the public could play for a greens fee. The city would have to charge a modest greens fee, as well, but it could open the game of golf to many folks who had never before considered it.

    Jennie Allman has pointed out that the redesigned course has been well received by golfers. “We built a good golf course,” she said, adding, “Our members stayed with us and our membership was growing.”

    So interest in golf on the Oakwood course has not diminished. And the central location makes it convenient for folks throughout the city to reach.

    A municipal golf course? It would be the crown jewel to a parks and trail system that is already second to none for a city the size of Lynchburg. And it could expand the ancient and venerable game of golf to many who had never before considered it.

    Speaking for Oakwood’s board of directors last week, Martin said, “We just don’t know what’s going to be best for the future of Oakwood.”

    Making the course available to the city would not only preserve the future of the course for Oakwood, but it would also open a new avenue into the future of public recreation in the city. It’s an idea worth thoughtful exploration.


    Column: A Grave Challenge to Virginia's Environment

    January 14th. 2008

    The Roanoke Times

    Virginia is blessed with some of the most spectacular gifts that nature has to offer anywhere. The Blue Ridge Mountains, the Chesapeake Bay, thousands of miles of trout waters, white water, the dismal swamp and Lake Drummond, and on and on. We often take all of this grandeur for granted, because we live in it and play in it every day, and are used to it being there for us when we want or need it.

    Managed properly, for the benefit of all Virginians, these natural resources will continue to flourish for generations. Managed for the benefit of special interests, they could be lost overnight.

    In Virginia we have done a very good job of environmental management for decades. The system that's been in place for 60 years vests the responsibility and authority to manage our environment in citizen boards. These boards consist of five or seven members and are appointed by the governor and confirmed by the General Assembly. In the areas of air and water quality protection, the boards have the authority to adopt regulations, issue environmental permits and enforce laws and regulations. In the solid and hazardous waste areas, the Virginia Waste Management Board adopts regulations and the Department of Environmental Quality is the permitting and enforcement authority. These boards depend on the citizens of Virginia for help with this important job.

    We all know not to litter, to recycle paper and aluminum and to conserve water and electricity for the benefit of the environment, but for some citizens, this obligation goes further. Many take the opportunities offered by the citizen boards to participate in the regulation and permit development processes, they attend the board's meetings and offer suggestions and recommendations on development and implementation of the state's environmental policy, they offer a wide spectrum of perspectives on environmental management issues, they inform the process. The system works very well, but all of this may be changing.

    We may soon turn over this authority and responsibility to special interests and politics. Bills will be working their way through the General Assembly this year to abolish the State Water Control Board, Virginia Air Pollution Control Board and the Virginia Waste Management Board or transfer their authority to the director of the Virginia Department of Environmental Quality. The checks and balances of multimember board processes will be gone, replaced with severely reduced opportunities for public participation in environmental decision-making and planning and unilateral authority vested in a single political appointee. All of this is happening because a few powerful influences think the decisions being made by these boards are too pro-environment.

    I have been engaged in the field of environmental protection in Virginia for more than 35 years. I have served in the public sector and have served the private sector. I believe these bills represent the greatest threat to our air and water quality that I have ever seen. If our system were not so well balanced, perhaps a credible argument for change could be made, but it is balanced. Forbes magazine and CNBC have rated Virginia the best state in the country in which to do business, in part, because of an especially good regulatory climate. At the same time we enjoy an exceptional quality of life because of the high quality of our environment.

    If the system changes and citizens are cut out of the process, we will lose their perspective, we will lose the type of knowledge and experience that only they have, the system will lose its integrity -- we will all lose. If you want Virginia's environment to remain well-protected, if you enjoy our high quality of life, if you'd rather not have the fox guarding the henhouse, then you, like me, will oppose every attempt to eliminate or emasculate our citizen environmental regulatory boards. Once they're gone, they're gone, and our quality of life with them.

    Robert G. Burnley
    Burnley is the former director of Virginia Department of Environmental Quality and lives in Richmond.


    Letter: Uranium Milling and Mining a Bad Idea

    January 14th. 2008

    The Fredricksburg Free Lance-Star

    The recent discussion about uranium mining and milling in Virginia in The Free Lance-Star concerning uranium deposits in Pittsylvania County and citizen concerns requires more discussion ["Can uranium be mined safely in Orange?" Dec. 28].

    Walter Coles, who is chairman of Virginia Uranium Inc., owns much of the land, and his family and fellow stockholders stand to benefit the most financially from the mining and milling activity.

    In 1980, my family stood to gain much from uranium activities as, according to the scintillometer tests, I owned the most radioactive hill in Northern Virginia. Some of the same men who have approached Mr. Coles approached me nearly 30 years ago. But my family would not take on the responsibility of potentially contaminating neighbors' wells and the Rapidan River, possibly for generations, for personal benefit. We came to this decision after visiting a number of mines and mills in Colorado and Utah and conducting follow-up research.

    Safety is the issue. The current moratorium on uranium mining in Virginia says it is up to the industry to prove it can be done safely before mining and milling is permitted in Virginia. A "study committee" set up by the state legislature might sound like a good idea. The problem is that every year the state legislature approves many studies and appropriates little or no money for their execution. Therefore, most legislative studies are superficial, less than scientific, and in this case may just allow the elephant's trunk inside the tent without proper scrutiny. A proper, impartial scientific study would be a good thing, but it needs to be conducted and peer-reviewed before the General Assembly gets involved in a debate over whether to lift Virginia's longstanding ban on uranium mining.

    Here are some important facts to consider before removing our moratorium on uranium mining:

    1. We are dealing with radioactive exposure to our air, water supplies, miners, and neighbors. Underground uranium miners are under constant exposure to radio-activity while they work. In the American Southwest, uranium miners have historically had a much higher incidence of lung cancer than the normal population.

    As recently as November 2007, the job-deficient Navajo Reservation in Arizona has been resisting renewed uranium mining interests because of previous experience of cancer rates, livestock deaths, and water contamination.

    2. Never in this country has uranium been mined in an area with a climate as wet as Virginia's. In the semi-arid West (10 to 15 inches of rain a year), radioactivity and associated toxic metals have shown up miles away from the mining site in time. Our rainfall averages up to four times what is seen out West. As a result, tailings ponds and piles could leach and/or overflow into our water supplies much faster and with more dire consequences than in the West. Once leaching starts, the consequences can go on for generations.

    3. Never in this country has uranium been mined in a community with such a dense population near the mine site. This is not to say uranium can never be mined safely anywhere. In fact, I know of a mine in Utah that was doing it right in the 1980s. The rainfall there was less than 18 inches a year, the outflow from tailings ponds was processed to the point where trout lived in the streams below, and the nearest house was plus or minus 25 miles away. Contrast that to the situation in Pittsylvania County, where homes and a private girls school are within close proximity to the proposed mine site.

    Again, safety is the issue. Legislation and regulations will change neither our population density nor our rainfall levels. Before it is mined, uranium is like a coffee bean--a relatively harmless mass. But when crushed and mixed with water, that bean becomes a cup of coffee. More than 95 percent of the radioactivity associated with uranium ore is retained in the tailings and its byproducts (its radioactive half-life is 500,000 years or forever, whichever comes first).

    I would suggest that those concerned with making Virginia and its residents guinea pigs in this potential experiment oppose a legislative study on uranium mining and milling until it has been properly studied independently and scientifically--without politicians in Richmond getting into the mix. In the meantime, we need to maintain the moratorium on mining and milling of uranium.

    Bill Speiden
    Speiden is a member of the Orange County Planning Commission and legislative director of the Orange County Farm Bureau.

    Editorial: Carbon footprints aren't easily expunged

    January 13th. 2008

    The Roanoke Times

    Carbon offsets are for those who want to feel better about the impact they're having on the environment.

    The idea is simple: If you can't -- or don't want to -- reduce your carbon emissions, you pay someone to plant trees, which soak up carbon, or you invest in solar plants, wind farms or other activities that reduce emissions.

    It works for individuals trying to salve their environmental consciences or corporations trying to burnish their green image.

    But as these offsets become more popular -- automakers, computer manufacturers and others are offering them to consumers to offset the emissions from their products -- the question becomes whether the offsets people and corporations buy actually mean anything.

    "The carbon market is a leading example of the challenge of making sure that when people put their money into what they hope will improve their planet, that there is real follow-through," Daniel C. Esty, director of the Center for Business and the Environment at Yale University, told The New York Times.

    The Federal Trade Commission, which regulates advertising claims, is taking a belated interest in the topic. The FTC hasn't updated its environmental advertising guidelines -- its Green Guides -- since 1998.

    The guidelines don't deal with concepts like offsets, renewable energy or sustainability. With the growth of green marketing, "there's a heightened potential for deception," FTC Chairman Deborah Platt Majoras told The Times.

    The FTC is asking for help to minimize that potential. It won't be easy. "Greenwashing" -- making unfounded environmental claims -- isn't always easy to spot.

    A Business Week article last year, for instance, found that TerraPass, a carbon offset marketer, claims a methane-extraction system at a huge Arkansas dump as one source of offsets. (Methane is a far more potent greenhouse gas than carbon dioxide.)

    But it turns out that the landfill operator essentially was forced by the state to install that system to keep the methane from contaminating groundwater. It had nothing to do with reducing carbon emissions -- that was just a happy side-effect.

    As Business Week concluded, "it appears that the main effects of the TerraPass offsets in this instance are to salve guilty celebrity consciences and provide Waste Management, a $13 billion company based in Houston, with some extra revenue."

    Whatever new guidelines the FTC comes up with, perhaps the lesson here should be that a checkbook is no substitute for lifestyle changes that actually reduce greenhouse gas emissions.


    Letter: Headline on Sludge Editorial Misleading

    January 12th. 2008

    The Lynchburg News and Advance

    The headline of the Jan. 8 editorial in The News & Advance: “Public gets a greater voice over sludge.” Unfortunately, this is a false statement.

    Evidence that the public is being disenfranchised was apparent from the first meeting of the “expert” panel arranged by the state’s secretary of Health and Human Resources and secretary of Natural Resources.

     The first meeting minutes reflected no statements from the public’s testimonials. Also, the Natural Resources secretary appointed an anti-citizen member as a “citizens’ representative.” The panel itself is composed of two-thirds majority of “paid sludge promoters,” with the remaining third voluntary contributors of time and resources.

    The Department of Environmental Quality is not health-oriented, therefore leaving those affected by sludge pollution constituents still in harm’s way.

    The Virginia Department of Health, though found inept to administer the Biosolids Use Regulations and sludge pollution disposal programs, still has input with the policies of DEQ.

    Isn’t it obvious that the General Assembly has granted DEQ millions of dollars and staff-hiring authority; the same argument that VDH uses why it did not perform its duties properly? It is public knowledge, the General Assembly finally saw the ineptness in VDH and made adjustments to DEQ.

    The public is still in harm’s way as the permits continue and the ill health effects continue.

    C.W. WILLIAMS

    Chairman, Biosolids Information Group

    Bumpass, Va.


    Letter: Open Spaces Needed in the City

    January 11th. 2008

    The Lynchburg News and Advance

    Regarding the possibility of Oakwood Country Club selling its golf course for high-density, mixed-use development, wouldn’t this land be an excellent acquisition by the city as an additional park? I would respectfully request the city work with the state to explore funding opportunities to acquire the Oakwood property for a public park.

    We are constantly losing wooded, open recreation space to high-density redevelopment. Such redevelopment without the consideration of complementary open space negatively affects traffic and air quality, as well as putting increased pressure on our city’s infrastructure. This marvelous piece of land in close proximity to residential areas would make an excellent addition to the Lynchburg park system and would enhance the quality of life for all of Lynchburg’s citizens.

    I, and others as well, hope that Mayor Foster, the City Council and Del. Shannon Valentine will work to pursue this opportunity.

    PEGGY WHITAKER

    Lynchburg


    Editorial: Public Gets a Greater Voice Over Sludge

    January 9th. 2008

    The Lynchburg News and Advance

    Most of the time, the legislative process grinds slowly. It grinds so slowly, in fact, it is difficult to see whether it is even moving. The result does not serve the public well.

    But that has not been the case with legislation designed to give the public a greater voice in the spread of biosolids on farmlands in Virginia.

    Several measures introduced last year not only passed, but they became effective with the arrival of 2008. The most significant of the bills was one that transferred regulatory control of biosolids - treated sewage sludge - from the Department of Health to the Department of Environmental Quality.

    The problem was, as supporters of the legislation argued successfully, that the health department was not a regulatory agency and it did not have the resources necessary to enforce the permits it issued to firms that haul and spread biosolids. The most glaring absence of resources was the lack of personnel needed to oversee the spread of the sludge on hayfields and pasture land.

    Transferring the biosolids oversight to the environmental agency included funding for as many as 20 new full-time enforcement positions within the agency. Those positions are still being filled, a step in the right direction toward enforcement of the rules already in place regulating the spread of biosolids.

    Critics of the spread of biosolids, including a number of academic studies, say the imported sludge from sewage treatment plants in cities in the Northeast could contain toxic chemicals, pathogens or other materials adversely affecting the health of those who live near sites where the sludge is spread.

    More than half of the 240,000 dry tons of sludge spread on 50,000 acres in Virginia in 2004 came from out-of-state, including such cities as Newark, N.J., Philadelphia and Baltimore.

    Another significant result of the shift in oversight from the health department to the environmental agency is that some existing permits, along with all current requests to change or renew existing permits, now will be processed as new DEQ permits.

    Part of that permitting process, according to Neil Zahradka, will give the public more say about where and when biosolids can be spread. Zahradka heads the biosolids section of the DEQ.

    Part of that permitting process, he said recently, will include better notification about biosolids activity to adjoining landowners. It will also include scheduling public meetings and hearings to give everyone involved in the process a chance to present their concerns about biosolids before the permit is issued.

    With the health department at the helm, that was not always the case.

    As reported in The News & Advance over the weekend, the new procedures could affect a proposed Nutri-Blend permit change in Campbell County that would increase the acreage allowed to be treated with biosolids to more than 2,800 acres throughout the county. The only existing permit in the county is for 130 acres.

    The new permitting process could also affect a Synagro permit in Bedford County awaiting renewal for approval to spread the treated sludge on several thousand acres throughout the county.

    Nutri-Blend and Synagro are firms that haul and spread the sludge.

    Changes in the law relating to the spread of biosolids were an appropriate step in strengthening the state’s oversight, as Campbell County administrator David Laurrell pointed out. “I think that was the whole reason we wanted to move (regulatory oversight) out of VDH and to DEQ ... to make sure they did a comprehensive review to make sure (permits) were proper and in order,” he said.

    Tracy Meisenbach, a representative of Citizens Against Toxic Sludge, a Campbell County group that formed to protest the permit modification process, is pleased with the new laws, but suggested they don’t go far enough. She said the old VDH permits should be scrapped and that “everybody should reapply (for new permits).”

    Over time, the sludge haulers and spreaders will have to reapply for new permits as the old ones expire. For now, however, the new state laws give the people a better chance to monitor when and where the sludge is about to be applied. It’s an appropriate - and timely - response by the General Assembly to a problem that some in Central Virginia needed a lot more light than it was getting.


    Editorial: Don't gut citizen boards

    January 8th. 2008

    The Roanoke Times

    The General Assembly should reject a proposal to gut citizen boards that oversee environmental permitting in Virginia.

    The original bill would have consolidated the Air Pollution Control, State Water Control and Waste Management boards into one. A proposed revision would abandon the consolidation, but still strip the boards of nearly all their authority over environmental permits.

    The director of the Department of Environmental Quality would be given most of the boards' authority.

    At a hearing last week, environmental groups and others protested the legislation.

    "I don't think unilateral power should be transferred from these boards to a single appointed bureaucrat," said former DEQ Director Robert G. Burnley.

    The bill, H.B. 3113, passed last year with a re-enactment clause, meaning it must pass again this year before it takes effect.

    The reasons for proposing this change are vague. Del. Steven Landes, R-Augusta, who introduced the bill last year, said the purpose is to bring consistency to the permitting process. He also questioned the technical competence of the citizen boards.

    "Do they have the scientific and environmental background to make the decision?" he asked.

    The boards are made up of citizens appointed by the governor -- and confirmed by the General Assembly -- to four-year terms. They have technical staffs and attorneys to advise them.

    Gov. Tim Kaine supports shifting permitting authority to the DEQ director, though his spokesman was equally vague when asked why.

    Many opponents believe frustration over delays in approval for the King William Reservoir in Newport News contributed to the push, and Newport News officials have lobbied strongly for the bill -- as has the Virginia Chamber of Commerce.

    Both have sent letters to raise money for their lobbying efforts.

    "Both letters demonstrate that business leaders and local governments are soliciting monies statewide from those who will pony up big dollars to try to influence this process," said Chesapeake Bay Foundation spokesman Chuck Epes.

    The current system is anything but broken. Because the boards consist of appointees from different governors, they represent broad viewpoints. They have expert guidance and they offer a very public process for input from citizens.

    It would be an enormous mistake to place these boards' broad permitting power into the hands of a single political appointee. Think of the damage a governor like George Allen, who tried to eviscerate the entire DEQ, could accomplish with a single bad appointment.

    The General Assembly should waste no time in killing this egregious bill.


    Column: Reduce mercury

    December 29th. 2007

    By C. Gilliam and Haller
    The Newport News Daily Press

    If a mercury thermometer breaks in a school classroom, officials act quickly to remove students from harm's way until the hazardous mercury is removed. Given the harmful effects of mercury, we might reasonably assume that state policies protect us from exposure to this toxin. Sadly, that depends on where you live –– and which way the wind blows.

    Since 2006, at the urging of power company lobbyists, members of Virginia's General Assembly have approved policies that allow most coal-burning power plants to avoid installing reasonable and affordable controls on mercury emissions. But many other states, acting on solid science, have moved to protect their citizens' health from mercury pollution by addressing the source, coal-fired power plants. These power plants are the most significant source of toxic mercury emissions nationally. Throughout Virginia, from urban neighborhoods to rural communities, seven of the top 10-point sources of mercury pollution are coal-burning power plants. And the risk to residents continues to grow.

    Virginia is now considering the approval of another coal-burning power plant. According to air pollution scientists at the National Park Service, the newly proposed plant in Wise County, Virginia, will emit approximately 72 pounds of uncontrolled mercury yearly. Scientists say that an increase in mercury deposition, coupled with the significant increase in sulfur deposition, is likely to negatively impact park resources.

    To put this in perspective, the same mercury pollution that keeps the eggs of songbirds from hatching in one of Virginia's national parks can damage the brains of human babies in nearby communities. Weak federal policy currently allows many coal-fired power plants to spew large amounts of mercury into the air, even though effective emissions controls are affordable and available. Unborn and young children are especially sensitive to the harmful effects of toxic mercury. Each year, hundreds of thousands of children are born with mercury levels in their bodies that are associated with reduced IQ. The U.S. Environmental Protection Agency estimates that 7 percent of women of childbearing age have enough mercury in their blood to pose a risk to their future children.

    As the scientific evidence of the harm from mercury pollution has become overwhelming, many states have chosen to adopt their own stronger rules. For example, Pennsylvania, a large coal-producing state whose power plants are the third-largest mercury polluters in the country, is requiring 90 percent reductions in mercury pollution from power plants. Illinois is adopting similar policies. In Maryland, the landmark Healthy Air Act, enacted in 2006, aggressively controls mercury and other harmful pollutants.

    Virginia doesn't have the same protections. Instead, our communities, our national parks, our children, and our wildlife are at risk. In 2006, industry lobbyists persuaded the state legislature to restrict the Air Pollution Control Board's ability to set policies to control toxic mercury. Now, lobbyists for the polluting corporations are working hard to end the board's power to review permits. If successful, they would remove a necessary voice for our families and communities.

    Virginia's Air Pollution Control Board has been one positive source of protecting our citizens' health. Governors appoint members of this five-person board for their experience and ability to fairly balance interests. The board currently has the option to review and, when necessary, improve air pollution permits for coal-fired power plants issued by the Department of Environmental Quality. They are also charged with setting air-quality-related policies, such as those governing toxic mercury emissions. We must ensure that their governing authority is not abolished.

    Virginia's children and environment deserve the same protections from toxic mercury as citizens in other states. Virginians need to ask our elected officials in the 2008 General Assembly and Congress to protect our families and our natural heritage by taking action to reduce toxic mercury emissions. Furthermore, we must ensure that the Virginia Air Pollution Control Board continues to review and strengthen the terms of permits for toxic polluting facilities.

    Virginians need to know that protections against toxic mercury pollution in our air and water are being strengthened.

    Gilliam is the Virginia Program Manager for the National Parks Conservation Association. Haller is president of the Virginia Nurses Association.

    Column: Remember This: 350 Parts Per Million

    December 28th. 2007

    By Bill McKibben
    The Washington Post

    This month may have been the most important yet in the two-decade history of the fight against global warming. Al Gore got his Nobel in Stockholm; international negotiators made real progress on a treaty in Bali; and in Washington, Congress actually worked up the nerve to raise gas mileage standards for cars.

    But what may turn out to be the most crucial development went largely unnoticed. It happened at an academic conclave in San Francisco. A NASA scientist named James Hansen offered a simple, straightforward and mind-blowing bottom line for the planet: 350, as in parts per million carbon dioxide in the atmosphere. It's a number that may make what happened in Washington and Bali seem quaint and nearly irrelevant. It's the number that may define our future.

    To understand what it means, you need a little background.

    Twenty years ago, Hansen kicked off this issue by testifying before Congress that the planet was warming and that people were the cause. At the time, we could only guess how much warming it would take to put us in real danger. Since the pre-Industrial Revolution concentration of carbon in the atmosphere was roughly 275 parts per million, scientists and policymakers focused on what would happen if that number doubled -- 550 was a crude and mythical red line, but politicians and economists set about trying to see if we could stop short of that point. The answer was: not easily, but it could be done.

    In the past five years, though, scientists began to worry that the planet was reacting more quickly than they had expected to the relatively small temperature increases we've already seen. The rapid melt of most glacial systems, for instance, convinced many that 450 parts per million was a more prudent target. That's what the European Union and many of the big environmental groups have been proposing in recent years, and the economic modeling makes clear that achieving it is still possible, though the chances diminish with every new coal-fired power plant.

    But the data just keep getting worse. The news this fall that Arctic sea ice was melting at an off-the-charts pace and data from Greenland suggesting that its giant ice sheet was starting to slide into the ocean make even 450 look too high. Consider: We're already at 383 parts per million, and it's knocking the planet off kilter in substantial ways. So, what does that mean?

    It means, Hansen says, that we've gone too far. "The evidence indicates we've aimed too high -- that the safe upper limit for atmospheric CO2is no more than 350 ppm," he said after his presentation. Hansen has reams of paleo-climatic data to support his statements (as do other scientists who presented papers at the American Geophysical Union conference in San Francisco this month). The last time the Earth warmed two or three degrees Celsius -- which is what 450 parts per million implies -- sea levels rose by tens of meters, something that would shake the foundations of the human enterprise should it happen again.

    And we're already past 350. Does that mean we're doomed? Not quite. Not any more than your doctor telling you that your cholesterol is way too high means the game is over. Much like the way your body will thin its blood if you give up cheese fries, so the Earth naturally gets rid of some of its CO2each year. We just need to stop putting more in and, over time, the number will fall, perhaps fast enough to avert the worst damage.

    That "just," of course, hides the biggest political and economic task we've ever faced: weaning ourselves from coal, gas and oil. The difference between 550 and 350 is that the weaning has to happen now, and everywhere. No more passing the buck. The gentle measures bandied about at Bali, themselves way too much for the Bush administration, don't come close. Hansen called for an immediate ban on new coal-fired power plants that don't capture carbon, the phaseout of old coal-fired generators, and a tax on carbon high enough to make sure that we leave tar sands and oil shale in the ground. To use the medical analogy, we're not talking statins to drop your cholesterol; we're talking huge changes in every aspect of your daily life.

    Maybe too huge. The problems of global equity alone may be too much -- the Chinese aren't going to stop burning coal unless we give them some other way to pull people out of poverty. And we simply may have waited too long.

    But at least we're homing in on the right number. Three hundred and fifty is the number every person needs to know.

    Bill McKibben is a scholar in residence in environmental studies at Middlebury College and the author of the forthcoming "Bill McKibben Reader."


    Editorial: Renewing Commitment to Chesapeake Bay

    December 27th. 2007

    The Roanoke Times

    Early this month, Gov. Tim Kaine said the biggest wastewater treatment plants and industries in the Chesapeake Bay's Virginia watershed were on target to meet nutrient reduction goals by the end of 2010. Woo-hoo!

    Excessive nutrients, such as nitrogen and phosphorus, are killing off the plant and animal life in the nation's largest estuary.

    Yet when Kaine met days later with the governors of Maryland and Pennsylvania and the mayor of Washington, D.C., -- today's leaders of the signatories to the 2000 Chesapeake Bay Agreement -- Virginia's governor conceded: "Candor compels us to say, we're not going to be where we want to be by 2010."

    Not even close.

    In its annual State of the Bay report, the nonprofit Chesapeake Bay Foundation said the health of the bay actually had declined a bit from last year and gave it a "D."

    Still, the governor wasn't wrong in either instance.

    Virginia has, indeed, spent a lot of money to upgrade sewage treatment plants. The state's major point source polluters expect to meet nutrient reduction goals by the 2010 deadline through a combination of nutrient trading, which lets existing facilities transfer credits among themselves to get down to their required limit, and the installation of pollution control technology.

    The bay is getting no healthier, though, because of a steady increase in nonpoint source pollution: the runoff from farms and subdivisions, the latter with all of their water-impermeable surfaces -- the buildings, the driveways, the sidewalks and streets that cover over the naturally acting filter of the soil.

    Environmentalists, close to despair, note that since 1950, the population in the bay's 14,700-square-mile watershed has more than doubled, to 16.7 million people.

    So after 30 years and billions of dollars, the massive "Save the Bay" campaign is not even close to reaching its goal. The best that can be said is that without those efforts, the damage would be much worse.

    That is not good enough for a natural wonder once abundant with oysters, blue crabs and ot