CONSERVATION NEWS  

Court Dumps Clean Air Rule, But That May Not Be a Bad Thing -On July 11, a federal appeals court threw out a Bush administration program known as the Clean Air Interstate Rule (CAIR). CAIR required power plants to curb emissions of sulfur dioxide, nitrogen oxides, and mercury, but the U.S. Court of Appeals for the District of Columbia said the regulation contained a number of “fatal flaws.”

The decision left many in the utility industry and the environmental community scratching their heads and wondering what will happen next. Some environmental groups have deemed the ruling disastrous and utility companies have stopped work on CAIR-required pollution controls at their coal-fired plants. But is the ruling that bad for the environment? For a couple of reasons, it may not be.

CAIR was not that great a program in the first place, and the ruling offers Congress an opportunity to pursue more aggressive reductions in these three pollutants while at the same time dealing with greenhouse gases that contribute to global climate change. Also, there are tools under the existing Clean Air Act to force utilities to install scrubbers on antiquated, coal-fired plants, which could cut pollution quicker and deeper than CAIR would have.  CAIR, as the court noted, had a lot of problems. Its cap and trade program would have allowed the oldest and dirtiest plants in the Midwest, the ones that are contributing most to acidification of Adirondack lakes and ponds, to buy credits and continue to spew pollutants unfettered by even the most rudimentary controls.

Actually, more can be accomplished in reducing air pollution by pursuing legal action under the New Source Review (NSR) provision of the Clean Air Act than would have been accomplished under CAIR. When Congress passed the Clean Air Act, lawmakers reasoned that many of these plants were nearing the end of their useful lives. They assumed they would soon be retired and replaced with cleaner, more-efficient ones, so they exempted existing factories and power plants from pollution-control requirements. But if a company modifies a grandfathered plant, except for routine maintenance, and those modifications result in more pollution, it must install state-of-the-art pollution-control devices.

The appeals court’s decision also offers Congress a golden opportunity to move ahead on a four-pollutant bill to deal with power plant carbon emissions as well as sulfur dioxide, nitrogen oxides, and mercury. The Healthy Air and Clean Water Act, introduced by U.S. Rep. John McHugh (R-Pierrepont Manor), is the only four-pollutant bill in the House. The bill, which McHugh drafted with help from ADK staff, would require an 80 percent reduction in carbon emissions by 2050 and a 90 percent reduction in mercury emissions by 2011 from coal-fired power plants. It would also require a 75 percent cut, from 1997 levels, of all power plants emissions of sulfur dioxide and nitrogen oxides by 2010. The scientific consensus is that the time window for acting on global warming is very short. Congress needs to act now. The McHugh bill won’t reduce carbon from all sources, but it would deal with the greatest single source, coal-burning power plants.

Quiet Waters Would Enhance Adirondack Experience -The formation of a Quiet Waters Working Group offers an excellent opportunity to expand one of the Adirondack Park’s greatest attractions, the St. Regis Canoe Area.  Last month, Environmental Conservation Commissioner Pete Grannis and Adirondack Park Agency (APA) Chairman Curt Stiles announced the formation of an interagency “Quiet Waters Working Group for the Adirondack Park .” The working group will evaluate lakes, ponds and rivers in the Park for potential designation as “quiet water,” meaning that motorized craft would be prohibited. 

ADK supports the creation of the working group, which offers an opportunity to address a number of boating issues, but does not advocate any wide-reaching ban on motorboats on Adirondack waters. “Motorboats have been allowed for decades on most larger Adirondacks lakes, and ADK believes that this traditional use should continue,” Woodworth said. “But there also should be more opportunities in the Adirondacks for canoeing and kayaking in peace and quiet. We believe this can be accomplished in ways that have little impact on other users.”

Woodworth, on behalf of ADK’s 30,000 members, endorsed proposed motorboat restrictions on 13 ponds, which include Follensby Clear, Rollins, Floodwood, Polliwog, Little Square and Whey ponds. Under the proposal by the newsmagazine Adirondack Explorer, the area would be open to nonmotorized and boats with electric motors, with a 5 mph speed limit. All told, the 13 ponds have a total surface area of 3 square miles, about one-half of 1 percent of the total lake surface area of the Adirondack Park .

The DEC-APA working group should also study the economic impacts of any quiet waters initiative, Woodworth said. “Expanding the St. Regis area would enhance the Adirondacks reputation as an outdoor destination and provide untold economic benefits for canoe and kayak shops, outfitters and the tourism industry in general,” Woodworth said. “Kayaking is the fastest growing segment of recreational boating, while at the same time rising gas prices are already taking their toll on motorized boating.”

Woodworth said the working group should also study possible motor restrictions or speed limits on Adirondack rivers, such as the Raquette, Jordan and Osgood. High-speed boats operating close to shore create wakes that disrupt nesting loons and inhibit their ability to reproduce. The working group should also consider economic incentives to encourage motorboat owners to switch from loud, dirty two-stroke engines to four-stroke engines.

While any recommendations of the Working Group will likely be long way off, Woodworth said the DEC can act now to enhance quiet paddling by reversing its decision on commercial floatplanes on Lows Lake . According to the Adirondack Park State Land Master Plan, which is part of the state Executive Law, “preservation of the wild character of this canoe route without motorboat or airplane usage … is the primary management goal for this primitive area.”  Under a Unit Management Plan for the area, which DEC signed on to in January 2003, floatplanes were to be phased out on the lake over five years. But DEC never adopted regulations to enforce the ban and is now proposing a permit system that could allow commercial floatplanes on the lake for up to 10 more years. ADK and other environmental groups are suing DEC to force the agency to obey the law and enforce the ban.

Woodworth said the Working Group should also try to dispel some myths about the lakes and ponds of the Adirondacks , including the myth that there are thousands of lakes and ponds, covering hundreds of square miles. DEC has catalogued more than 3,600 lakes and ponds in the park, but nearly half are less than 5 acres and three-quarters have less than a mile of shoreline. (To put that in perspective, a round 5-acre pond has a diameter of about 300 feet, a distance that can easily be paddled in a minute or two.)

Another myth is that many lakes and ponds are inaccessible because they have been “locked up” in wilderness. Although wilderness accounts for 17.5 percent of the total area of the Adirondack Park , wilderness ponds cover only 12,000 acres, less than 4 percent of the park total. All told, when private and public water bodies are taken into account, about 90 percent of the park’s lake surface area is open to motorboats.

Illegal ATV Use of the Taconic Crest Trail (TCT) - A forest ranger ticketed 11 ATV riders illegally riding on the TCT on July 4.  All of them drove onto state land past signs prohibiting vehicles. This took place on the Cowee easement lands just North of the Greene Hollow road trailhead. The recurring illegal use of ATVs on the TCT has led to action by both ADK and the Taconic Hiking Club. Both groups have met with DEC officials to express their concerns. DEC has repaired ATV damage on sections of the trail and posted positive signage at several trailhead locations. It’s now up to us the hike the trail and monitor any illegal ATV activity. Please help us monitor ATV activity on the TCT. Report any incidences to:

DEC ranger Patrick Kilpeck at: pkkilpec@gw.dec.state.ny.us or call it into to DEC at: 1-877-457-5680.Please also copy ADK at: David Pisaneschi, Albany ADK, ESP, PO Box 2116 , Albany , NY 12220 or at dpisanec<at>nycap<dot>rr<dot>com. Please include descriptions of individuals and vehicles, license numbers, along with date, time and location on trail. PLEASE DO NOT CHALLENGE OR CONFRONT ATV USERS. Any photos of ATVs and damage along the trail would also be useful.

NEXT CONSERVATION COMMITTEE MEETING

November 24, 2008 (Monday)     
7:00 PM, Little’s Lake

Among the issues to be discussed will be open space funding and acid rain legislation. We will also discuss the status of the UMP process and ATV trespassing.  All chapter members who have an interest in conservation issues are invited and encouraged to attend. To learn more about the Conservation Committee or any of these issues, contact David Pisaneschi at dpisanec<at>nycap<dot>rr<dot>com or 459-5969.

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