December 10, 2007

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We’ll update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

Toxic Changes 

Last week, New York and 11 other states—count ‘em, that’s an even dozen total—announced they're suing the U.S. Environmental Protection Agency (EPA) over changes to the federal Toxics Release Inventory Program. The new regulations will deny the public access to information about dangerous chemicals in and around their communities.

The relatively new Toxics Release Inventory allows companies to file skimpy reports, or skip reporting entirely, if they release 5,000 pounds, or more, of toxic chemicals. The EPA released the new regs in 2006. Five-hundred pounds or more of toxics is the old report-triggering threshold—that’s a 10-fold, and frightening, increase.

New York Attorney General Andrew Cuomo leads the coalition of 12 states to overturn the changes to the Toxics Release Inventory Program.

Environmental Advocates of New York applauds the AG for recognizing the threat that weakened Toxic Release Inventory requirements pose to our health and the health of the environment. We think it’s just plain wrong that the EPA would raise these critical reporting thresholds and keep New Yorkers in the dark about toxic dangers in their own communities. 

Green Up the Clean Up  

Here’s the latest on the lawsuit to clean up New York’s Brownfield Cleanup Program—in the agency’s response last week, the Department Environmental Conservation (DEC) acknowledged that some of its rules are illegal.

We thought so, too. That’s why back in March, Earthjustice filed a lawsuit against the state, representing New York Public Interest Research Group, Sierra Club, and Citizens’ Environmental Coalition, as well as Environmental Advocates of New York. 

The purpose of the Brownfield Cleanup Program is to encourage the cleanup and redevelopment of thousands of contaminated sites throughout the state. However, during former-Governor Pataki’s last days in office, the DEC implemented watered-down regulations, ignoring directives set forth by the State Legislature when it approved the program back in 2003.

In response to the lawsuit, the state conceded that the program’s use of polluted “background” levels to limit site cleanups is illegal, and promised to revise rules authorizing less extensive cleanups for areas burdened by pervasive contamination.

What’s next? The legal action against the state is ongoing and oral arguments are scheduled for December 21. We’ll keep you posted.

Pointing in the Right Direction

News from Westchester County—the state has asked the Nuclear Regulatory Commission (NRC) to deny extending the license of the Indian Point Nuclear Power Plant. Governor Spitzer and Attorney General Cuomo, cited ongoing public safety and security concerns in the state’s request.

Indian Point’s owner, Entergy, applied for a 20-year extension of the original 40-year licenses last spring. The license for the Indian Point 2 reactor expires in 2013; Indian Point 3’s license ends in 2015. However, both have been automatically extended until the Commission issues its ruling. The NRC’s goal is to rule on applications within 22 months if there is no hearing, or within 30 months if there is a hearing.  

Last Chance for RGGI

This week, the NYS Department of Environmental Conservation (DEC) and the New York State Energy & Research Development Authority are holding public hearings across the state to discuss our role in the regional climate plan.

The DEC released the formal rule to guide New York’s role in the Regional Greenhouse Gas Initiative in late October, and now it’s time for all of us to have a say.  

For the record, we think the rule is a good first step to cutting New York’s contribution to global warming pollution.

Rep Slaughter is Great Laker

In recognition of her efforts to protect and restore the Great Lakes, the Healing Our Waters–Great Lakes Coalition honored Congresswoman Louise Slaughter (D-28) with its 2007 “Great Laker” Award.

Conservation groups praised Congresswoman Slaughter for her commitment to the Great Lakes at their second annual conference: Protecting New York’s Northern Coast: Stopping Species Invasion & Coastal Degradation.