Today marks a new milestone for CLF in our efforts to clean up the lower Charles River. Concluding a five-year negotiation, involving CLF and the other key stakeholders, the EPA issued a new water quality permit for the Kendall (formerly Mirant Kendall) Power Plant, a natural gas cogeneration facility owned by GenOn Energy. The plant is located on the Cambridge side of the Longfellow Bridge.

The new permit requires the plant to reduce its heat discharge and water withdrawal by approximately 95 percent, and to ensure that any heated discharge does not warm the river enough to cause harm.

The outcome is remarkable, not just for the dramatic improvements it will achieve in the lower Charles, but for the way in which the parties “got to yes.”

The plant will meet the new requirements by upgrading its existing “once-through” cooling system, to a new, closed-loop system. Kendall will capture most of the heat generated by the plant and distribute it as steam through a new pipeline to be built across the Longfellow Bridge over the next few years. The combination of the new co-generation turbine and expanded pipeline will allow Kendall to drastically reduce the amount of water it extracts from the Charles River, take more heat out of the plant, and double the amount of steam it can sells to heat buildings in the city of Boston.

It’s what’s known in the business as a “win-win situation.”

Today’s events would not have happened without the incredible efforts of two former CLFers: Carol Lee Rawn, who was a senior attorney in our Boston office, and Jud Crawford, who was senior scientist. They put together the case and the legal challenge to the Mirant Kendall permits based on a demonstration that EPA’s proposed heat discharges would threaten the fish and biological system in the lower Charles. They also showed that the proposed water intake damaged fish eggs, larvae, juvenile and adult fish and that better technologies were available in the market. CLF represented the Charles River Watershed Association (CRWA), who was the perfect conservation partner for our effort.

The outcome of this case has taught CLF a number of lessons. First, that being there is half the game. If we hadn’t appealed the EPA permit, none of this would have happened, no question. EPA and Mirant Kendall ultimately showed strong leadership qualities but needed a strong push. Second, that having a range of integrated advocacy initiatives can produce multiple, serendipitous results across the spectrum of CLF’s work in clean energy, clean water, ocean conservation and healthy communities. This single decision will create an opportunity for co-generation in an urban community, improve the health of our rivers and marine life, increase the quality of life for Esplanade users and river fishermen, and reduce green house gas emissions. Third, that a mix of good science and strong legal expertise is essential to our ability to make a credible challenge. And finally, that courtesy of all of the above and the generous and faithful support of our members over the past five years,  the Charles may one day be truly swimmable and fishable again.

For more information, you can read CLF’s press release, and check out the coverage in today’s Boston Globe.

Less than a week after I posted my blog post about the environmental and health problems associated with road salt, the Boston Globe published an article about de-icing alternatives some Massachusetts communities are turning to. Boston has received almost 50 inches of snow this winter compared to a total of 17 inches on average around this time. We can only assume that it means we’re using record amounts of salt to combat all this snow. While it is difficult to say if the increased snowfall we’re seeing is directly related to climate change, increased temperatures tend to increase evaporation thus resulting in increased precipitation.  (In the Northeast, there has been a 5 to 10% increase in annual average precipitation since 1900.) More generally speaking, scientists are increasingly concerned about the link between global warming and anomalous winter weather (such as the bizarre snowstorms seen recently in the South). As such, it is encouraging to hear that towns are looking to more environmentally friendly alternatives to deal with our new weather conditions as the planet continues to warm.

Besides rock salt (sodium chloride), calcium chloride and magnesium chloride can be used in colder temperatures but unfortunately, they are significantly more expensive than the traditional rock salt. Instead a growing number of Massachusetts communities are returning to an age-old solution: brine. The mixture is a combination of rock salt and water. Applying brine before snow falls and ice forms on the roadway (known as “anti-icing”) can prevent snow and ice from sticking to roads. Unlike plain old rock salt, this stuff doesn’t bounce or get blown off the roads like we’ve all seen. As such it dramatically reduces the amount of salt used and the time it takes to remove snow and ice from the roads in turn saving towns money. A study done in Oregon and Washington state showed that anti-icing can decrease costs by more than 50% compared to conventional de-icing. And it reduces the amount of salt that gets into our drinking water and the negative impacts on the environment.

This yet again reinforces the idea that solutions that are good for the environment are often also good for people and the economy.

MONTPELIER, VT January 24, 2010 – The Conservation Law Foundation (CLF) has issued the following statement in response to today’s decision by the U.S. Environmental Protection Agency to withdraw its approval of Vermont’s 2002 water quality plan for Lake Champlain. The decision comes almost two years after CLF first challenged EPA’s approval of the Plan in federal court.

“Today’s decision by the EPA to re-examine Vermont’s water quality plan for Lake Champlain is the key to bringing the Lake back to health,” said Louis Porter, CLF’s Lake Champlain Lakekeeper. “The EPA has reviewed the existing pollution budget and concluded, correctly, that there has not been enough improvement in the health of Lake Champlain under the current plan. Now, with a new administration in Vermont and a new water quality plan on the way, Vermont can begin a new, science-based approach to cleaning up Lake Champlain and making sure it remains a safe and enjoyable resource for swimmers, boaters, anglers, and the more than 200,000 people for whom it provides drinking water.” More >

It’s difficult to imagine a day like today in Boston without the aid of salt to make our roads safe to use. For those of us in the snowier parts of the country, road salt is a necessary and accepted part of our winter. It’s cheap, effective and it allows commuters, motorists and emergency vehicles to safely reach their destinations in harsh conditions. According to the Salt Institute, Americans used 22 million tons of road salt in 2008. In a different study by the National Research Council, Massachusetts tops the list of of states with the highest road salt-use at, 19.94 tons per lane-mile each year, surpassing even New York, with 16.6 tons per lane-mile. Under MassDOT salt policy, salt or sodium chloride is applied at 240 pounds per lane-mile. In other words, trucks in Massachusetts are dumping more than a ton of salt every 10 lane-miles in a single application! Salt does not evaporate or otherwise get removed, so one has to ask: what is the fate of all this salt that is dumped on our roads?

Unfortunately, most of it is washed off of roadways by rain runoff and snow melt and enters our rivers and streams or percolates through the soil into our drinking water supplies. That’s the situation that Cambridge, MA has been combating for years. This densely-populated city gets its water from two reservoirs, both located next to Route 128, making it particularly susceptible to salt contamination. Another town suffering from the same issue is Boxford, MA. The town launched a suit against the state highway department, MassHighway, to close its salt storage shed, contending that it was responsible for contaminating at least 30 local wells. Aside from the ecological damage of excess salt, there are also health and financial burdens associated with high salt levels in public and private water supplies. High salt levels can result in skin and eye irritation and pose a danger for individuals with sodium-restricted diets, according to the New England Interstate Water Pollution Control Commission.

MassHighway is already under court order to manage stormwater runoff after CLF’s successful suit in 2008. Hopefully this effort will divert some of the salt from our waters and, in turn, lead to better health for both the environment and the MA residents who live in it.