Government▼Watch
A law signed by President Bush weakens federal protections for as many as 300 threatened and endangered wildlife species that reside on U.S. military lands. The changes, included in the Department of Defense’s (DOD’s) fiscal year (FY) 2004 budget, could also restrict research on DOD lands by external scientists. The budget act amends the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). DOD officials had argued that compliance with these laws, as well as the laws governing the management of hazardous waste, superfund site cleanups, and clean air, is hindering the military’s ability to conduct testing and training activities (Environ. Sci. Technol. 2003, 37 (11), 211A). The agency wasn’t exempted from the latter three laws in this round of budget negotiations, but officials will push for them again in FY 2005, says DOD spokesperson Glenn Flood. As things now stand, military officials no longer need to prepare the critical habitat designations required under ESA, as long as they have “integrated natural resource management plans” in place. This provision “represents a significant reduction in protection for endangered wildlife on DOD lands” because it doesn’t have the same enforceability provisions that ESA has, says Daniel Patterson, with the Center for Biological Diversity, an environmental group. Additionally, research on DOD lands by external scientists could be restricted, according to the Ecological Society of America. Bush signed the law last November. The law allows DOD officials to bypass the U.S. Fish and Wildlife Service when developing habitat plans, adds Virginia Dale, an ecologist at the Oak Ridge National Laboratory. The impact could be huge given that DOD manages 25 million acres nationwide that provide refuge to 300 species listed as threatened or endangered. © 2004 American Chemical Society
The exemption granted under MMPA narrows the definition of harassment from “potential” to “likely” to injure or disturb marine mammals. This change “shifts the burden of proof from the military to show that its activities are not harmful to the scientific community to prove that they are harmful,” the Ecological Society of America notes. And because many military activities and data aren’t shared with the public, it’s unlikely that science will be able to provide clear evidence of harm until populations are significantly impacted, the group adds. DOD officials insist that the changes are narrowly focused on “military readiness activities” where more flexibility is necessary. In all other operations, the military will continue to comply with existing environmental regulations. —KRIS CHRISTEN
Regulating motorcycles, mopeds, and scooters Astonishing as it might sound, highway motorcycles, which account for just 1% of vehicle registrations in the United States, currently produce more hydrocarbon (HC) emissions per mile than passenger cars or SUVs, according to U.S. EPA figures. To address this issue, EPA Administrator Mike Leavitt signed a final rule updating on-road motorcycle emissions standards from 1978 and establishing new standards for previously unregulated engines, such as mopeds and scooters. The rule, signed in December, essentially extends nationwide California’s on-road motorcycle exhaust emissions requirements, which affect model year 2004, and also adds evaporative fuel emissions standards (Fed. Regist. 2004, 69 (10), 2397–2445). Motorcycle rider and industry groups will not block the two-tiered rule. Clean air advocates say they worry more about the impacts of cars, trucks, and
snowmobiles on the environment. EPA officials note that cars meeting their 2004 hydrocarbon standards will be 95% cleaner than today’s typical motorcycle. But starting in 2006, manufacturers will be required to reduce HC and nitrogen oxide (NOx) emissions of on-road motorcycles by 60%. Beginning in 2010, fuel lost through hoses and tanks on motorcycles must be limited. EPA figures show these RHONDA SAUNDERS
New law could limit research on military lands
U.S. EPA applies California-style emissions rules to all 50 states.
measures will cut HC and NOx emissions by 54,000 tons per year and save 12 million gallons of fuel. EPA spokesperson John Millett says similar reductions set to take effect in the European Union last year did not influence the EPA rule. “Without the rule, motorcycle [emissions] will become disproportionate to their source,” he says. EPA estimates show that motorcycles would have comprised 2.2% of HC emissions in the United States by 2020. “That’s too big, considering the footprint [motorcycles] ought to have” and the control technology that is now available, adds Millett. Many motorcycles currently have four-stroke engines and the emissions control technology needed to meet California’s standards. EPA officials estimate it will cost manufacturers $75 per bike for both tiers. Neither the Motorcycle Industry Council, which represents major motorcycle manufacturers, nor the American Motorcyclists Association, a riders group, rejected the final rule, although both groups believe the cost will be somewhat higher than that. ––RACHEL PETKEWICH
MARCH 1, 2004 / ENVIRONMENTAL SCIENCE & TECHNOLOGY ■ 87A
