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AmeriScan: March 20, 2006

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Rainstorms Still Batter Kauai After Deadly Dam Break

KILAUEA, Kauai, Hawaii, March 20, 2006 (ENS) - The bodies of three people who died when an irrigation dam on Kauai's North Shore burst Tuesday have been found, but four other people are still missing. Several streamside homes were swept away when the Kaloko Dam gave way after weeks of heavy rain, sending 300 million gallons of water down hillside into the sea.

Members of two teams from the Urban, Search and Rescue division of the state Civil Defense Office continue to search for the four other missing persons.

Rains continue to pound the island, and state officials fear another dam downstream may also collapse. Crews are diverting water from the second reservoir in an effort to eliminate the danger.

The only highway to Kauai's North Shore now has been reopened to one lane traffic only, a situation transportation officials say may last for months. They are holding off on repair of the road until the second, lower dam is secured. The road was closed for most of last week, stranding thousands of residents and visitors on both sides of the closure.

Overwhelmed state civil defense officials have asked the Federal Emergency Management Agency (FEMA) for financial help in coping with the disaster, said Ed Teixeira, state deputy director of Civil Defense.

Governor Linda Lingle has submitted a request to the Hawaii State Legislature for $14.3 million in emergency funding to cover the cost of recovery efforts as a result of storms that have occurred over the past three weeks and that are forecasted to continue.

The funds would cover the services of consultants to determine the structural integrity of dams and reservoirs statewide, to assess potential immediate risks, and to recommend long-term plans to ensure dam safety.

The emergency funding is requested for the Departments of Land and Natural Resources (DLNR), Transportation, Agriculture, Defense and the Attorney General’s Office.

A DLNR list of all the dams in the state shows that 128 dams exist on four islands. Many date from the early 20th century and are no longer regularly checked and maintained.

Fearing another dam break, state officials invoked emergency authority Thursday to enter private property and inspect dams across the state.

Governor Linda Lingle pointed out that the Hawaii Dam Safety Act of 1987 states that private landowners are responsible for maintaining dams on their property.

The Hawaii attorney general's investigation into the collapse of the Kaloko Dam could include criminal prosecution, officials said. The main issue is whether landowner James Pflueger illegally modified the reservoir, which is partially on his property.

On March 9, Pflueger agreed to pay $7.5 million to settle federal, state, county and community group charges that unpermitted construction on his 378 acre property adjoining the Kaloko dam caused flooding, contaminated runoff, and land collapse. The construction covered by that settlement was on land lower down the hillside than the Kaloko Dam.

The attorney general's office sent an investigating team to Kauai to collect evidence as quickly as possible. "I will be able to tell the people of Kauai and the people of Hawaii that we have done everything possible to try to get them answers as to why this happened," said Attorney General Mark Bennett.

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Task Force to Study Tritium Leaks From Nuclear Power Plants

WASHINGTON, DC, March 20, 2006 (ENS) - Inadvertent, unmonitored releases of radioactive liquids containing tritium from U.S. commercial nuclear power plants will be examined by a new task force convened by the Nuclear Regulatory Commission (NRC). Recent events at several nuclear power plants have highlighted a concern with tritium contamination of groundwater, as a result of unplanned releases due to equipment degradation.

Like all radioactive substances, tritium is a carcinogen, a mutagen, and can cause malformations of an embryo or fetus.

The Commission said today it has assembled a group of experts from its offices around the nation to examine the issue.

For example, at the Indian Point nuclear power plant in Buchanan, New York, unintended releases of tritium through a crack in the spent fuel pool concrete support wall may have been the cause of the elevated levels of tritium in groundwater in the area immediately surrounding the plant's spent fuel pool, the Commission said. Indian Point is owned by Entergy Nuclear Northeast.

In another instance, at Excelon's Braidwood nuclear power plant in Illinois, unintended releases of tritium from a number of vacuum breaker valves at the plant caused elevated levels of tritium in groundwater in unrestricted, public areas, said the Commission.

Some of these tritium releases may have been going on for years without official knowledge. The Illinois EPA said it had only learned in November 2005 about a 1998 release of tritium from the Braidwood nuclear plant, and asked that Exelon perform additional investigation of not only the Braidwood facility, but of all their facilities in Illinois.

The Illinois EPA first became aware of the potential for tritium contamination in groundwater after being notified by the public in the fall of 2004 of a spill that occurred at their Dresden nuclear power plant, when tritium was detected in some on-site monitoring wells.

“The available information on these releases shows no hazard to the public,” said NRC Executive Director for Operations Luis Reyes. “Nonetheless, we need to conduct an in-depth review to see if the NRC needs to take additional action of a broad nature.”

Eleven of the 12 task force members come from the agency’s Offices of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and Nuclear Regulatory Research, as well as from regional offices. The 12th, a representative of state government, is being selected.

The group will report to Bill Kane, the deputy executive director for reactor and preparedness programs, and is required to complete its review by August 31. A written report summarizing the task force’s findings will be issued late this year.

The task force is required to conduct a general assessment of the potential public health impact from these releases. It will review how the issue was communicated to the public, state and local officials, other federal agencies, Congress and other interested groups.

The task force also will review other inadvertent releases at nuclear power plants, including decommissioning sites, from 1996 to the present.

It will investigate industry actions in response to the releases, including the timing of remediation efforts; and will look at NRC oversight of inadvertent releases, both under the Reactor Oversight Process (ROP) and the process in place prior to the ROP.

The task force can also consider issues not listed in its charter, and can identify issues for longer-term review by NRC staff. The task force’s charter is available on the NRC’s Web site by entering ML060690186 at this address: http://adamswebsearch.nrc.gov/dologin.htm.

The NRC has created a page on the NRC website to provide the public the latest available information on tritium issues here.

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Eminent Scientists: Yellowstone Grizzlies Still Need Legal Protection

BOZEMAN, Montana, March 20, 2006, (ENS) - The Yellowstone grizzly bear population still needs the legal safety net of the Endangered Species Act, and should remain officially listed as threatened, 269 scientists from the United States and Canada told the U.S. Fish and Wildlife Service in a letter today.

This is the last day of the public comment period on a proposal by the Service to remove Yellowstone area grizzlies from protection under the act.

The letter included signatures from world renowned scientists, including Drs. Jane Goodall, Michael Soulé and John Craighead, Sr., who, with his brother Frank Craighead, pioneered grizzly research in Yellowstone in the 1960s.

"While the Endangered Species Act rescued the Yellowstone grizzly from a tragic future confined to Yellowstone Park, we still have a lot of work to do before we can say this job is complete," said Lance Craighead, Ph.D., of Bozeman, son of Frank Craighead, and director of the Craighead Environmental Research Institute.

In a letter to Dr. Christopher Servheen, the Service's grizzly bear recovery coordinator, the scientists point out that many lands currently occupied by Yellowstone-area grizzlies receive no protections under the delisting proposal because they are outside of the designated recovery zone. Lands necessary to connect Yellowstone bears to other populations are not protected.

"Even within the recovery zone, necessary restrictions on roadbuilding and habitat destruction rely on an enforcement mechanism - U.S. Forest Service National Forest Plans - that a recent Bush administration rulemaking has declared 'nonbinding,' the scientists point out. "Thus, necessary habitat protections to achieve recovery or even maintain current population levels are not in place. During bad food years there will be nowhere else for grizzlies to go; managers need to allow for alternative habitat and food sources."

The scientists say their studies of the Yellowstone-area bears show a population of 500 or fewer bears at risk of long-term extinction because they have been isolated for more than 70 years. The Yellowstone population is much too small genetically to sustain the species, and the relocations the Service proposes would not be effective, the scientists maintain.

"The government needs to consider the best science," said Dr. Craig Pease, who co-authored a seminal paper on the Yellowstone grizzly population. "If you need brain surgery, you want the latest MRI technology, not a 1970s-era X-ray. The same is true in conservation."

A delisted population would be vulnerable to additional human-caused mortalities, which could have adverse impacts on the future of the population, the scientists warn in their letter.

Dr. Barrie Gilbert, a retired biology professor and grizzly behavior specialist, underscored threats to key bear foods, such as whitebark pine and Yellowstone cutthroat trout. "These foods, which drive the health of the population, are in trouble as a result of disease and exotic invasive species. This means that the population is still at risk."

The plan proposed by the Fish and Wildlife Service fails to protect adequate habitat for the long term, the scientists warn. Instead of restricting grizzly bears to Yellowstone country, the scientists say, the bears should be allowed to expand to nearby lands, particularly the wilderness of central Idaho.

The letter urges federal wildlife managers to take a long-term view of grizzly recovery, and not merely do the minimum necessary to get the grizzly bear off the list of threatened species.

"Populations fluctuate up and down, even in the best habitat," Lance Craighead said. "We need to ensure that grizzlies have enough space to buffer them from the risk of extinction for decades, and even centuries to come."

In addition to the serious threats that Yellowstone bears face even with the full protections of the Endangered Species Act, the scientists warn that a delisted bear population would be subject to intentional additional bear mortalities during the proposed hunting seasons.

For all these reasons, the scientists say, they believe that the Yellowstone grizzly bear population is not biologically recovered and should not be removed from the list of threatened and endangered species.

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Manufacturers, Importers Must Test 17 High Volume Chemicals

WASHINGTON, DC, March 20, 2006 (ENS) - The U.S. Environmental Protection Agency has issued a final test rule that will enable evaluation of potential health and environmental risks associated with 17 high production volume (HPV) chemicals. HPV chemicals are manufactured or imported into the United States in amounts over one million pounds per year.

The rule requires 52 manufacturers or importers of 17 HPV chemicals to conduct screening level tests of acute toxicity, repeat dose toxicity, developmental and reproductive toxicity, genetic toxicity, ecotoxicity, and environmental fate testing related, and to provide this information to the EPA.

This final rule, which affects chemical manufacturing facilities and petroleum refineries, is effective on April 17, 2006.

To date, more than 400 companies have voluntarily committed to making information available on 2,200 HPV chemicals as part of the agency's High Production Volume Challenge Program, initiated in 1998.

The 17 chemicals specified in this rule were not sponsored under the program.

EPA has determined that each of the 17 chemicals included in this final rule is produced in substantial quantities and that there is or may be substantial human exposure to each of them. The manufacture, processing, and use of these 17 chemical substances may result in exposure to a substantial number of workers, the agency said.

The EPA also has determined that there are insufficient data to reasonably determine or predict the effects on health or the environment of the manufacture, distribution in commerce, processing, use, or disposal of the chemicals, or any combination of these activities. EPA has concluded that this testing program is necessary and appropriate for developing such data.

Data developed under this final rule will provide critical information about the environmental fate and potential hazards of these chemicals which, when combined with information about exposure and uses, will allow the agency and others to evaluate potential health and environmental risks and take appropriate actions.

EPA estimates the cost to industry of testing the 17 chemicals to be $4.03 million with an average cost of $237,000 per chemical.

The 17 chemicals are listed at the foot of the Federal Register notice of the final rule found here.

More information on the HPV program can be found at: http://www.epa.gov/chemrtk/index.htm

Environmental Defense offers the HPV Chemical Tracker, a web-accessible tool that can be used to determine and track the status of commitments made to sponsor HPV chemicals under the U.S. HPV Challenge Program.

The Tracker database is provided in the form of a MS Excel spreadsheet that can be launched in a browser or downloaded for offline use. The Tracker provides information for all chemicals included in the program and all commitments made by companies and consortia under the program.

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Cleaner Small Engines Pose No Increased Fire Risk

WASHINGTON, DC, March 20, 2006 (ENS) - In a report that clears the way for new regulations that reduce emissions from gasoline powered lawn equipment and watercraft, the U.S. Environmental Protection Agency (EPA) concludes that the technology needed to meet potential tougher standards for gas engines below 50 horsepower will not increase the risk of fire or burns to consumers.

This study, released Friday, evaluates new exhaust and evaporative emission standards for nonhandheld and handheld equipment in the Small spark-ignition (SI) engine category, such as lawn and garden equipment, and outboard and personal watercraft engines and vessels in the Marine SI engine category.

The EPA is considering new catalyst-based standards to reduce exhaust emissions of hydrocarbons (HC) and oxides of nitrogen (NOx) from nonhandheld engines.

In addition, the agency is considering new standards to reduce exhaust emissions of HC, carbon monoxide (CO), and NOx from Marine SI engines.

Finally, the agency is considering new emission standards to reduce evaporative fuel emission from most types of equipment and vessels in both categories.

Fuel leaks from tanks or fuel hoses on handheld and nonhandheld equipment were identified as the major safety concern for evaluation.

For each new standard, the EPA concludes that the anticipated emission standards may be implemented without any incremental increase in risk of fire or burn to consumers, and instead may "somewhat reduce the risk to consumers" using products in these subcategories.

Mandated by Congress, the EPA study was peer reviewed and developed in coordination with the Consumer Product Safety Commission. Other federal agencies and 20 outside experts, including fire marshals and engine manufacturers, were consulted during the study.

The EPA plans to propose new standards for this class of engines this year.

To read the report, visit: http://www.epa.gov/otaq/regs/nonroad/equip-ld/phase3/420f06029.htm

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Migratory Bird Commission Adds Land to National Wildlife Refuges

WASHINGTON, DC, March 20, 2006 (ENS) - The Migratory Bird Conservation Commission has approved additions to the National Wildlife Refuge System as well as 35 conservation projects under the North American Wetlands Conservation Fund.

The Commission will spend more than $3 million to acquire 2,169 acres of wetlands and associated upland habitats for the National Wildlife Refuge System in Vermont, New Jersey, Louisiana, Texas, and California.

Refuge land acquisitions are funded by Duck Stamp sales and from import duties collected on arms and ammunition, right-of-way payments to the refuge system and receipts from National Wildlife Refuge entrance fees.

The National Wildlife Refuge System acquisitions, all previously approved by the respective states, include:

California: Purchase of easements on of 316 acres in the North Central Valley Wildlife Management Area across 11 counties to protect, restore and maintain wetlands for waterfowl and other migratory bird populations.

Texas: Acquisition of 1,802 acres to provide habitat for waterfowl at the San Bernard National Wildlife Refuge.

New Jersey: Acquisition of 31 acres at the Cape May National Wildlife Refuge for migratory bird resting habitat.

New Jersey: Acquisition of 19.69 acres to protect wintering and nesting waterfowl habitat, especially black ducks, at Edwin B. Forsythe National Wildlife Refuge.

Vermont: Acquisition of 10.1 acres for Missisquoi National Wildlife refuge to provide resting and feeding habitat for several waterfowl species as well as marsh birds and many species of songbirds.

The Cabinet-level Commission, chaired by Secretary of the Interior Gale Norton, includes Secretary of Agriculture Mike Johanns, and Environmental Protection Agency Administrator Stephen Johnson.

Also on the Commission are Republicans Senator Thad Cochran of Mississippi, and Representative Curt Weldon of Pennsylvania, as well as Democratics Senator Blanche Lincoln of Arkansas, and Representative John Dingell of Michigan.

The Commission also approved more than $18.5 million from the North American Wetlands Conservation Fund for 35 conservation projects in 18 U.S. states and Mexico. U.S. partners in 19 of the projects will match that amount with nearly $65 million, enabling partners to restore more than 105,000 acres of wetlands, while partners in Mexico will add more than $3.8 million to conserve nearly 36,000 acres of habitat in that country.

The Commission also approved nearly $370,000 to complete two previously approved projects that suffered hurricane damage.

The Commission funds grants to states and other partners through provisions of the North American Wetlands Conservation Act. The grants are financed by congressional appropriation; fines, penalties and forfeitures under the Migratory Bird Treaty Act; interest accrued to the Pittman-Robertson Wildlife Restoration Act; and excise taxes paid on small engine fuels through the Dingell-Johnson Sport Fish Restoration Fund.

Since its inception in 1934, the Federal duck stamp program has generated more than $700 million. That has been used to acquire more than 5.2 million acres for the refuge system.

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U. Wisconsin Takes First Prize in Clean Snowmobile Challenge

MADISON, Wisconsin, March 20, 2006 (ENS) - College of Engineering students at the University of Wisconsin-Madison have won the 2006 Society of Automotive Engineers Clean Snowmobile Challenge by taking a comprehensive approach to the contest.

"We tried to do well in everything, instead of concentrating on one or two things," said team captain Gary Diehl.

The Clean Snowmobile Challenge, hosted at Michigan Tech's Keweenaw Research Center March 13-18, is the Society of Automotive Engineers' newest collegiate design competition.

Teams of engineering students from participating schools take a stock snowmobile and reengineer it to reduce emissions and noise while maintaining or improving performance.

The UW-Madison four-stroke Polaris took first place in the emissions category, earning the Lotus Engineering and Horiba Instruments Award, and was competitive enough in all the other events to earn overall top honors.

Two years ago, Wisconsin's innovative hybrid gas-electric sled also earned the team a gold, but the team has since opted to focus on more conventional technology.

Representatives from both the National Park Service and the U.S. Forest Service were on hand at the awards presentations Saturday to demonstrate their support of the Clean Snowmobile Challenge.

"This has meant a tremendous amount to Yellowstone National Park," said Jack Evanoff, the park's environmental manager. Snowmobile emissions at the park, which have been at the heart of a major controversy, have been lowered in the seven years since the first Clean Snowmobile Challenge, he said.

"As the world's foremost provider of outdoor recreation, we have a desire for a clean, quiet experience for all of our users, including those who ride our snowmobile trail systems," said Leon LaVigne, recreation program manager for the forest service's Eastern Region. "The CSC is a real-life example of using new, creative approaches to working together toward improving the quality of a great recreational activity and, at the same time, improving environmental quality."

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