The River Current

|| THE RIVER CURRENT || ISSUE VII || JANUARY 23, 2004 ||
The mostly monthly e-newsletter of the Charles River Watershed Association
...bringing our backyard river to your door...

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In this issue:
1) SAVE THE DATES: Upcoming CRWA Events
2) ACTION ALERT: Support Governor Romney's Veto of Cost-Benefit Analysis for Environmental Laws
3) FEDERAL ENVIRONMENTAL REGULATIONS: Bush Backs Away from Clean Water Act Changes
4) STATE ENVIRONMENTAL REGULATIONS: DEP Proposes General Permit for Work in the Buffer Zone
5) CRWA NEWS AND NOTES
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1) SAVE THESE DATES IN SPRING '04  
APRIL is Charles River Month!

  April 3: Second Annual Take Me To The River Kids' Educational Fair
For more info: http://www.charlesriver.org/events/events.html

April 24: Fifth Annual Earth Day Clean-Up 
For more info: http://www.charlesriver.org/events/events.html

April 25: Twenty-Second Annual Run of the Charles Canoe and Kayak Race
For more info: http://www.charlesriver.org/rotc/rotc.html 

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2) ACTION ALERT: Call Your Senators To Support Romney's Veto of Cost-Benefit Analysis for Environmental Laws

Deep within the 100+ page Economic Incentives package (H.4328) passed by the Massachusetts Legislature at the end of last year, were provisions that would cripple the state's ability to create environmental legislation. By requiring a "Regulatory Impact Statement" for every bit of environmental legislation, existing or proposed laws can be weakened or repealed if a law designed to protect the public health and environment is shown to have "adverse economic impacts."  Who would make this determination?  The secretary of economic development!  In other words, these provisions take decision-making power away from the environmental experts, and give it to the business development agencies.

These "Regulatory Impact Statements" are also unnecessary because state agencies already use a complex and exhaustive public process to craft their regulations. They would create more bureaucratic work for our environmental watchdogs, slowing to a crawl the already sluggish rulemaking process.

Fortunately, Governor Romney vetoed these provisions, and we need your help to uphold the Governor's vetoes. The Senate will take up overrides any day now, so please contact your Senator TODAY and ask him/her to oppose the Cost-Benefit Analysis Sections 14, 15, 16, 17, and 67, of the Economic Stimulus Bill.

For information on how to contact your state senator and a sample letter of support of the veto, please visit

http://www.charlesriver.org/alert/costbenefitanalysis.html. 

**We are grateful to Massachusetts Sierra Club, Environmental League of Massachusetts (ELM) and MASSPIRG for providing us with the information for this action alert.**

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3) FEDERAL REGULATIONS: Bush Backs Away From Clean Water Act Changes

Last fall, CRWA joined hundreds of organizations, elected officials, and individuals in an effort to defeat a proposal by President Bush that would have changed how the Clean Water Act was administered.  The proposed rulemaking changes would have removed federal protection from millions of acres of wetlands, opening them for commercial development, and would have reduced protection for many rivers and streams.  In mid-December, due in great part to the efforts of a sizeable group of Governors and the lobbying of hunting and fishing groups, President Bush decided not to go ahead with the rulemaking change.  Although the administration's decision to scrap the change is good news, the US Army Corps of Engineers still has a guidance document, published in January of last year, that was based on the proposed changes.  At the moment, this guidance is still in effect, though we are unclear if the Corps is using it.  CRWA continues to work with other groups to have this guidance rescinded.

For more information, please visit:

http://www.charlesriver.org/river_current/washpostart.html to read the Washington Post's analysis of Bush's actions.

http://www.charlesriver.org/river_current/nytimesart.html for an editorial from the New York Times.

http://www.house.gov/dingell/cwa2.pdf for a copy of a letter sent to the President by 218 members of the US House regarding the proposed rule change on the Clean Water Act.

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4) STATE REGULATIONS: DEP Proposes General Permit for Work in the Buffer Zone

In an effort to maximize protection of wetlands and water resources, especially given severe staff limitations, DEP has proposed new regulations that would create a General Permit for certain types of work in the buffer zone.  Under current Water Management Act regulations, any work proposed in a buffer zone (within 100 feet of wetlands, rivers, lakes and ponds) requires public review and approval by a local Conservation Commission.  The proposed General Permit would replace the current regulatory requirements, and would allow certain types of work to go ahead without such review and approval, provided the project met a list of standards that are presumed to protect the wetland and water resources.  The details of the permit are still being worked on to address the many comments that DEP has received about this proposal.  The goal, to improve and make permanent protection of the inner 50 feet of the buffer zone while reducing regulatory processing, deserves attention.  As always, the devil is in the details, however, and CRWA will continue to work with groups like the Massachusetts Association of Conservation Commissions and our watershed's conservation commissions to evaluate the proposal. Some of CRWA's key concerns have focused on stormwater pipes and discharges; the level of permanent protection that a general permit would be able to provide; how abutters would be informed of proposed work; and whether a general permit with no appeals process is viable.  The public comment period will most likely not begin until late winter or early spring.

To view a copy of the Proposed Wetlands Protection Act Buffer Zone General Permit, please visit: 

http://www.state.ma.us/dep/brp/ww/wwpubs.htm

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5) CRWA News and Notes

VOLUNTEERS NEEDED to sample once a month at the Muddy River site near Kenmore Square in Boston.  If you are interested in volunteering for our water monitoring program, please contact Ariel Dekovic at 781-788-0007 x200.

STREAMER, CRWA's print newsletter for our members, is in mailboxes now!  Featured articles include a look at how the reorganization of state government will affect the environment of Massachusetts, and an interview with the new Commissioner of DCR, Kathy Abbott.  Also included is our 2003 Annual Report.  To start receiving your copy of the Streamer, renew your membership or become a member of CRWA today!  Please visit:

http://www.charlesriver.org/join.html

RESULTS FROM LAST SPRING'S FISH COUNTING PROGRAM will soon be available on our website.  Please check back at http://www.charlesriver.org for more information!