Forwarded by Jane Clark A set of bullet points put together by NJ Sierra Chapter policy analyst Bill Wolfe covering Whitman's environmental record. The Real Whitman Environmental Record Whitman Strengths: 1. Support for NJ State Plan (Plan was adopted pursuant to a 1985 Act) and planning in general, but largely rhetorical and lacking in implementation. Ignores growth management dimension, State agency regulatory and infrastructure planning, permitting and financing tools, and the politics of "home rule" and limits to growth. For example, NJ lost about 60,000 acres/year under Whitman, the most in NJ history and the highest by far percentage of undeveloped land lost in any state (NJ leads Nation with 42% of total land area already developed. If you add agricultural lands to that figure the amount of developed land is much higher) 2. Support for open space funding (funding is dedicated, but driven by debt finance, not pay as you go). Whitman program does not significantly deviate from NJ Green Acres program in place since 1962. Can not achieve its million acre goal (a "goal" originating in the NJ conservation community, not the Governor's Office). Acquisitions are not linked to conservation objectives and criteria and the program has been abused for political purposes. 3. Support for "smart growth", but the Club is suing the Administration on the NJ coastal zone management rules (known as CAFRA) because they have no environmental basis and would allow more development than allowed under local zoning or rejected under the current market trends! Whitman weaknesses 1. Aggressively championed environmental deregulation (regulatory reform) under various guises: Netherlands Dutch Plan, NEPPS, voluntary compliance et al - Whitman touted that her administration was "open for business", and opened the agency to industry lobbyists and consultants. Joined industry to target state agency as whipping boy for causing 300,000-job loss and industry outmigration. Promised that there would be a new day at the state DEP. 2. Aggressively championed voluntary compliance and cut enforcement fines/penalties by 80% across all program in first three years 3. Aggressively bashed the bureaucracy and cut agency budget by 30%, diverted millions of dollars of environmental funding for budget/tax relief; put agency 100% "on budget" to increase ability of legislature to politically harness the agency; put fee/fine/enforcement revenue in general fund in violation of polluter pays; refunded millions of dollars in financial assurance for site remediation; created tax credit "incentives" whereby taxpayers pay polluters and developers for cleaning up contaminated sites and old landfills; et al - all designed to let polluters off the hook, promote business/industry agenda and intimidate and control the agency et al. 4. Abolished the environmental prosecutor's office (and several other comparatively minor Florio creations/initiatives for no apparent reason other than political lineage). 5. Abolished the long standing Public Advocates office and replaced it with a Business Ombudsman's Office established to pressure the State agency for permit approvals, rollback of regs, enforcement relief, inside access and an early warning on any pending regulatory initiatives (all classic textbook Reagan Administration OMB tactics). 6. Abolished the State DEP laboratory. Cut NJ Right to Know chemical list by over 1,000 chemicals. Issued an order mandating that Agency scientific research be conducted only by in-state institutions. 7. Issued Executive Order (followed by act of legislature) rolling back any NJ regulation that was more stringent than federal counterpart, unless justified by a cost benefit analysis. This reversed 20 years of leadership in NJ. This did things like deregulate used oil from NJ's hazardous waste regulations and allow chemical companies in densely populated North Jersey towns to escape more stringent air permit requirements and delay emergency planning for extraordinary hazardous chemicals like those than caused the fire/explosion at Napp Technologies in Lodi. 8. Supported and got enacted enforcement "Grace Period" legislation. 9. Administration supported rollback of NJ's national model pollution prevention act - we defeated bill in the legislature by have lost the battle in regulatory agency implementation. 10. Administration supported rollback of NJ's national model legislation known as the NJ Clean Water Enforcement Act - we defeated bill in legislature but we have lost the battle in agency implementation (i.e. there's mandatory enforcement of permits, but permits have been weakened). 11. Administration did not oppose and essentially supported a disastrous audit self disclosure immunity/privilege bill (we defeated this in legislature, no thanks to Whitman). 12. As part of brownfields initiative, Administration supported additional weakening of model NJ site remediation laws that held industries and polluters accountable by requiring cleanup prior to sale or transfer of contaminated property, stressed permanent remedies, open process et al. 13. Administration dropped the ball on the enhanced I&M program; supported industry dominated effort to rollback of NJ Air Pollution Control Act and regulations, especially the ability of the agency to determine, independent of EPA BACT/LAER/MACT pursuant to state law, "state of the art air pollution control" requirements; to require air modeling and risk assessment in permit program; to impose pollutant emission fees; implement Employee trip reduction program; et al. Administration stalled clean air action for years in failed voluntary compliance driven OTAG (Ozone Transport Advisory Group)process. Energy deregulation failed to address air quality, not linked to clean air, a fundamental objective of prior Florio administration who consolidated the DEP with the energy planning functions of the State Board of Utilities to form the DEPE(nergy). Little progress on clean air, e.g. late to join very successful effort by NY State to sue Midwest power plants under Section 126 of the Clean Air Act. 14. Backtracking on clean water act implementation - proposed a regulation for a 10 year+ "interim permitting strategy" - we won this at EPA and in public debate, which forced withdrawal of rule, but we have lost in implementation at the regulatory agency (despite TMDL litigation in EPA Region II, we have made no progress on the TMDL program here). Cut ambient water quality monitoring network; proposed surface water quality standards that were rejected by USEPA in 1996; et al. 15. Rescinded model 1993 State solid waste management plan that promoted source reduction, mandated 60%+ recycling and called incineration a option of "last resort" because the plan allegedly did not put sufficient emphasis on in-state disposal capacity (at a time when the Supreme Court was about to issue the Carbone decision). Agency Commissioner remains pro-incineration. 16. Appointed an State DEP Commissioner who has no academic qualifications (he's a high school drop out) but strong political history in Republican Party and NJ legislature (a politically smart move as alternative to appointing the head of the Pharmaceutical Manufacturers Assc. the rival candidate at the time). 17. Whitman has political (as opposed to environmental) academic, experience and professional qualifications. Prior to becoming Governor, she was an appointed Commissioner at the Board of Public Utilities that approved a notoriously back room deal with the development arm of a water utility to develop public water supply watershed lands. The Courts later threw out the deal. 18. In October 2000, EPA Region II imposed sanctions (withheld $2.2 million in Section 106 grant funds to NJ) pursuant to the Clean Water Act for the State's failure to submit a 305(b) Water Quality Inventory Report for the year 2000. The Club had internal agency documentation that the Report was withheld by the Governor's Office, ostensibly for political reasons. 19) The NJ Assembly last month adopted a Resolution to veto the Whitman proposed water quality management and watershed planning rules (they fulfill CPP, 208, 303 and TMDL requirements of Clean Water Act). The stated legal basis for the Resolution was that the rules were inconsistent with Legislative intent because they failed to protect water resources/water quality. The NJ Senate had scheduled a floor vote for Monday on an identical Resolution released recently from Senate Regulatory Oversight Cmte., but in deference to Whitman's EPA candidacy, pulled it from consideration to avoid embarrassing the Gov; 20) In July 1999, USEPA Inspector General out of Region III issued a critical audit of NJ's water monitoring and other water programs. Very critical of Whitman budget cuts, lack of surface water quality standards, et al. In 1996, USEPA and USFWS opposed Whitman attempts to weaken NJ SWQS and NPDES permit regulations. EPA shot down the Whitman cranberry industry special wetlands GP (in the Pinelands) and killed a blatantly illegal settlement agreement on NJ's largest wetland violation ever in the most sensitive part of the state (the Pinelands). Even a State special investigator said the deal was corrupt. The record on water is very poor. 21) In a May 1996 letter to Whitman, 7 leading NJ Senate Republicans, the entire NJ shore delegation including the Senate Majority Leader, threatened to oppose the Whitman budget and demanded that Whitman restore DEP budget cuts because the budget cuts "would require dramatic reductions unscientific, technical and human resources critical to the mission of the Department". 22) EPA opposes the wetland permits for Meadowlands Mills development which would fill 200 acres of wetlands. Whitman supports. 23) EPA opposes the wetland permits for Route 92. Whitman supports. 24) When Whitman was a Board of Public Utility Commissioner, she approved a watershed development scheme to sell off watershed buffer lands. The deal was so bad, that the NJ Republican legislature passed a law establishing a watershed moratorium, to be effective until the state agency adopted protective stream/watershed buffer regs, which they never have. 25) Whitman coasts on the accomplishments of others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For SC email list T-and-C, send: GET TERMS-AND-CONDITIONS.CURRENT to [log in to unmask]