Department Of Environmental Conservation Research Articles

What does environmental justice look like in Vermont? Centering perspectives from the margins

Until 2022, Vermont was one of the few US states that did not have an Environmental Justice (EJ) policy. In 2016, the Vermont Department of Environmental Conservation (DEC) initiated a process to create an EJ policy based on an agreement with the US Environmental Protection Agency (EPA). A coalition of academics, non-profit organization leaders, legal experts, and community-based partners formed in response to the DEC’s initial approach because it lacked a robust process to center the voices of the most vulnerable Vermonters. The coalition developed a mixed-method, community-based approach to ask, “What does EJ look like in Vermont?” This article reports the door-to-door survey portion of that broader research effort. The survey of 569 Vermont residents purposively sampled sites of likely environmental harm and health concerns and sites with existing relationships with activists and community organizations engaged in ongoing EJ struggles. The survey results use logistic regression to show that non-white respondents in the sites sampled were significantly more likely to be renters, to report exposures to mold, to have trouble paying for food and electricity, to lack access to public transportation, were less likely to own a vehicle, to have a primary care doctor, and reported higher rates of Lyme disease than white respondents. Our findings contribute to EJ theory regarding the co-productive relationship between environmental privilege and environmental harms within the context of persistent characterizations of Vermont as an environmental leader with abundant environmental benefits.

Public involvement, trust, and support for endangered species programs

AbstractThe success of wildlife conservation, including endangered species programs, often depends on public support. We examined public support for threatened and endangered species management in New York State (NYS) and the factors influencing support. We surveyed 3 stakeholder groups important to the NYS Department of Environmental Conservation (DEC) in 2017: residents of upstate New York, hunters, and anglers. We measured support in 2 ways: (1) the importance people placed on the government protecting threatened and endangered species in NYS, and (2) satisfaction with DEC's efforts to protect these species. Using structural equation modeling, we examined factors hypothesized to increase public support: trust in the agency, adequate public involvement in decision‐making, and the perceived importance of program outcomes. For hunters and anglers, we found that perceived adequacy of public involvement was positively related to program satisfaction, but only because it fostered perceptions of good management decisions. Although adequacy of public involvement also contributed to program satisfaction for upstate residents, we found no evidence that they were more satisfied because they thought public involvement led to better decisions. For all 3 groups the perception of adequate public involvement was directly related to trust in the agency, which in turn was positively related to belief in agency competency to protect threatened and endangered species. Our results suggest that wildlife managers can enhance public satisfaction with decisions and programs through public involvement, communication about how public involvement contributes to decisions, and building trust in the agency.

Developing a watershed screening tool to estimate relative contribution of phosphorus to guide management planning

To support the development of clean water plans, as required by the federal Clean Water Act 303(d) program, the New York State Department of Environmental Conservation (DEC) developed the Loading Estimator of Nutrient Sources (LENS) tool. DEC has prioritized clean water planning for fresh waterbodies experiencing negative impacts due to excessive phosphorus levels. LENS, an Excel based tool, combines several simple steady state models into a single screening tool that may be used to estimate the relative contribution of phosphorus sources within a watershed, waterbody response, and recovery potential of a waterbody. To validate that LENS results are reasonable approximations, LENS loading estimates were statistically compared with loading estimates from more complex watershed models that were used to develop existing clean water plans using simple linear regressions. For this comparison, DEC selected a variety of completed models that have modeled watershed phosphorus loads with different land use compositions and loading from both point and nonpoint sources. This analysis shows that LENS performs reasonably well at estimating the relative loading from a range of source sectors, though cannot replace more robust watershed models. DEC has used LENS to prioritize waterbodies for clean water plans and to guide management actions in watersheds where data is lacking to support more complex modeling efforts. Future expansions of LENS may include modifying the tool to estimate other pollutants (i.e. nitrogen), add the ability to account for internal loading of nutrients within waterbodies; and estimate the contribution of nutrients from groundwater.

Effects of the COVID-19 shutdown on spatial and temporal patterns of air pollution in New York City

Using spatially- and temporally-resolved data from the New York City Community Air Survey (NYCCAS) and the New York State (NYS) Department of Environmental Conservation (DEC) network, we characterized changes in fine particulate matter (PM2.5) and nitrogen dioxide (NO2) following the COVID-19 shutdown in NYC (3/20/20 – 6/7/20). Difference-in-difference analysis of PM2.5 and NO2 measured at 93 sites were used to estimate the change in citywide pollution attributable to the shutdown. We also quantified how these pollutant changes varied among different demographic groups using difference-in-difference analyses stratified by neighborhood poverty levels and rates of PM2.5-attributable health outcomes. Spatial patterns of PM2.5 and NO2 were interpolated across NYC by fitting land-use regression models to measurements at the 93 sites. Weather conditions and emission source trends were analyzed to determine the potential effects of meteorology and specific emission sources on the observed pollution changes. We estimate that citywide average PM2.5 and NO2 decreased by approximately 25% and 29%, respectively, due to the shutdown. Weather readings show little evidence that meteorology biased our results in the direction of our findings. Data on major sources of PM2.5 and NO2 pollution suggests that decreased vehicle traffic and commercial cooking contributed to declines in air pollution during this period. Pollution reductions occurred disproportionately in the city's central business district (CBD), with smaller changes in other areas of the city, such as those with the highest burden of air pollution-related health impacts. These findings emphasize the need to target pollution sources in communities that suffer the greatest from pollution exposure in the design of equitable environmental health policy.

Effects of Antler Point Restrictions on Deer Harvest in New York

ABSTRACTManaging game species can require balancing multiple social and conservation goals. For many game species, including white‐tailed deer (Odocoileus virginianus), harvest is the primary tool for management of population abundance. Hunter interest in harvesting older male deer has encouraged managers to find ways to protect younger deer and recruit them into older age classes. Antler point restrictions (APRs) that protect some yearling antlered deer from harvest can be implemented to increase the availability of older, larger‐antlered deer for hunters. The New York State Department of Environmental Conservation (DEC) implemented mandatory APRs in 2 adjacent areas of the state, one beginning in 2005 and the other in 2012. We predicted that APRs would decrease the proportion of yearling antlered deer in the harvest. We also predicted that APRs might result in an increase in the harvest of antlerless deer and harvest success on Deer Management Permits (DMPs), which are permits issued by the DEC that allow harvest of antlerless deer and are used to manage deer population size. We collected harvest information during 2003–2016 from the 2 areas with APRs and from adjacent areas that did not have APRs. The proportion of yearlings in the harvest was initially 51% and 58% in the 2005 and 2012 APR areas, respectively, and declined to 13% and 19% respectively after 5 years. Antler point restrictions did not affect the harvest of antlerless deer or DMP success. Although APRs successfully reduced the proportion of yearlings in the antlered harvest, we also observed a smaller decline (from 62% to 45%) over the same time period in the proportion of yearlings in the harvest in areas adjacent to the 2005 APR. © 2021 The Wildlife Society.

Mapping and modeling human-black bear interactions in the Catskills region of New York using resource selection probability functions.

Black bears (Ursus americanus) are an iconic and common species throughout much of the United States and people regularly interact with these large predators without conflict. However, negative interactions between people and bears can manifest in conflicts that can hinder conservation efforts. Black bears are highly attracted to anthropogenic sources of food, and negative interactions with people are primarily a product of trash mismanagement. In the Catskills region of New York State, home to a large population of black bears, over 400 such conflicts are reported each year. While the New York Department of Environmental Conservation (DEC) has seen progress recently in educating residents of the region on how to reduce unwanted interactions with bears, they have had less success educating the 12 million tourists that visit the Catskills each year. Understanding where conflict may occur in the future, and the environmental and anthropogenic factors that precede it, may help guide management strategies to reduce these unwanted interactions. Therefore, we designed resource selection probability functions (RSPFs) to examine the relationship between human-black bear conflicts in the Catskills with a suite of landscape and anthropogenic data, using conflicts reported to the DEC across the state of New York in 2018–2019. We found that human-black bear conflicts were more likely to occur in the residential areas of the Catskills on the urban-wildland interface; areas with relatively higher human population densities, away from dense forest, and further from heavily urbanized areas. While future work is needed to continuously validate our model predictions, our results will provide the DEC and other conservation managers in the Catskills the ability to create more targeted plans for mitigating unwanted human-black bear interactions, and provide a better understanding of the mechanisms driving human-carnivore interactions at an urban-wildland interface more generally.

Species, causes, and outcomes of wildlife rehabilitation in New York State.

Wildlife rehabilitation is a publicly popular practice, though not without controversy. State wildlife agencies frequently debate the ecological impact of rehabilitation. By analyzing case records, we can clarify and quantify the causes for rehabilitation, species involved, and treatment outcomes. This data would aid regulatory agencies and rehabilitators in making informed decisions, as well as gaining insight into causes of species mortality. In New York State, the Department of Environmental Conservation (NYSDEC) has licensed rehabilitators since 1980 and annual reporting is required. In this study, we analyzed 58,185 individual wildlife cases that were attended by New York rehabilitators between 2012 and 2014. These encompassed 30,182 (51.9%) birds, 25,447 (43.7%) mammals, 2,421 (4.2%) reptiles, and 75 (0.1%) amphibians. We identified patterns among taxonomic representation, reasons for presentation to a rehabilitation center, and animal disposition. Major causes of presentation were trauma (n = 22,156; 38.1%) and orphaning (n = 21,679; 37.3%), with habitat loss (n = 3,937; 6.8%), infectious disease (n = 1,824; 3.1%), and poisoning or toxin exposure (n = 806; 1.4%) playing lesser roles. The overall release rate for animals receiving care was 50.2% while 45.3% died or were euthanized during the rehabilitation process. A relatively small number (0.3%) were permanently non-releasable and placed in captivity; 4.1% had unknown outcomes. A comparable evaluation in 1989 revealed that wildlife submissions have increased (annual mean 12,583 vs 19,395), and are accompanied by a significant improvement in release (50.2% in the study period vs 44.4% in 1989) (χ2(1) = 90.43, p < 0.0001). In this manuscript, we aim to describe the rehabilitator community in New York State, and present the causes and outcomes for rehabilitation over a three-year period.

New York City’s Brownfield Redevelopment Program: Economic Catalyst or Taxpayer Giveaway?

The New York State Department of Environmental Conservation (DEC) and the New York City Office of Environmental Remediation (OER) manage and coordinate brownfield cleanup programs. These are intended to promote environmental restoration and redevelopment of underutilized or abandoned properties that have been affected by the presence or discharges of oil or hazardous substances. This paper seeks to determine whether these programs have achieved the goals and objectives sought by decision makers and if the cost of those achievements in terms of public money subsidies and forgone tax revenue have been commensurate with the realized benefits.The DEC brownfield program offers financial incentives, such as tax credits, as well as regulatory benefits (limited liability protections) to promote alternatives to greenfield development. OER efforts are New York City centric with incentives divided into three sectors: procedural, legal, and financial with a major goal of reducing remedial (cleanup) timeframes. To evaluate the effectiveness of the New York City Brownfield program changes in property values over time were evaluated. The five New York City counties experiencing the two highest percent increases in property values also claimed the highest brownfield credits. Queens and Brooklyn received most brownfield credits during this period but also experienced the most redevelopment. These and other data illustrate a return on the brownfield investment (ROBI) credit of about one to six; or one dollar in brownfield credit stimulating six dollars in project spending. New York City counties’ ROBI is consistent with all other New York State County ROBI’s: roughly six dollars in redevelopment activity being stimulated by one dollar in brownfield credit. The roughly $6 ROBI presented here is similar to ROI’s for other public services such as disease prevention and incarceration intervention.

Effects of the COVID-19 shutdown on spatial and temporal patterns of air pollution in New York City

BACKGROUND AND AIM: To mitigate the COVID-19 pandemic, many governments across the world implemented “lockdown” measures. The resulting changes in economic activity had effects that cascaded across numerous aspects of everyday life. Using data from the New York City Community Air Survey (NYCCAS) and from the New York State (NYS) Department of Environmental Conservation (DEC), we characterized changes in fine particulate matter (PM2.5) and nitrogen dioxide (NO2) following the COVID-19 shutdown in New York City (NYC). METHODS: Difference-in-difference analysis of PM2.5 and NO2 measured at the DEC sites was used to calculate the change in citywide daily average pollutant concentrations that could be attributed to the COVID-19 shutdown. Spatial patterns of PM2.5 and NO2 in the winter and spring seasons of 2019 and 2020 were interpolated across NYC by fitting generalized additive models to measurements at 82-93 NYCCAS sites. Weather conditions and emission source trends were analyzed to determine the potential effects of meteorology and specific emission sources on the observed pollution changes. RESULTS:Difference-in-difference analysis suggests that PM2.5 and NO2 decreased by approximately 20% and 27%, respectively, because of the COVID-19 shutdown. Weather readings at LaGuardia Airport in NYC show little evidence that meteorology played a major role in observed pollutant decreases. Both PM2.5 and NO2 exhibited decreased spatial variability in NYC during the COVID-19 shutdown. Widespread increases in daytime (6am-8pm) traffic speeds and fewer open small businesses following the shutdown suggest that decreased vehicle traffic and business activity contributed to declines in air pollution during this period. CONCLUSIONS:Given the devastating effect the pandemic has had on lives and livelihoods, these pollution reductions are not truly cause for celebration. However, this study shows the potential for regulations on specific emission sources, such as traffic and commercial cooking, to control citywide pollution in the future. KEYWORDS: Air pollution, Oxides of nitrogen, Particulate matter, Policy, Causal inference

Managing Recreation in New York's Adirondack Park: A Case Study of Public Perceptions and Preferences for Reducing User Impacts to the High Peaks Wilderness Complex

This qualitative case study research investigated public perceptions and preferences regarding management options for addressing recreational impacts to the High Peaks Wilderness Complex (HPWC) in New York State’s six-million-acre Adirondack Park. The Park is the largest in the contiguous United States, attracting local and international visitors from Philadelphia, Montreal, Boston, and New York City, major cities within 350 miles of the HPWC. The Park saw 12.4 million visitors in 2018, resulting in crowding, trail erosion, clandestine trails/campsites, water pollution, and plant/wildlife impacts. Data was gathered from 1,200 individuals via an online questionnaire, semi-structured interviews with NGOs, community influentials, and agency representatives, and participant observation. Findings showed the public strongly supported passive management options such as increased funding for education, trail reconstruction, enhanced management of the HPWC, and the Department of Environmental Conservation (DEC) promotion of alternatives to the most popular wilderness trails during busy months. The public was split in their support of direct management techniques such as temporary trail closures, limiting the number of hikers, and mandatory permits for hikers/parking. NGOs expressed a diversity of preferences for direct wilderness management, but widely supported enhanced education, trail improvements, and funding increases for management and the hiring of more rangers. The results of this research provide insights for improving management practices that facilitate sustainable recreation while also protecting and restoring federal and state designated wilderness. This manuscript culminates in a suite of management implications based on our research findings, including filling all vacancies within the Adirondack Park Agency Board with professionally and culturally diverse individuals, including women, Tribal representatives, minority communities, environmental attorneys, natural scientists, and regional planners. Funding should be allocated for the hiring of additional rangers, Summit Stewards, and trail crews, for enhanced trail maintenance and hiker education efforts. We also recommend implementing the Wildland Monitoring Program in order to better understand trail carrying capacity and ecological limits. Limiting the number of hikers/vehicles through a permit system is but one solution if efforts to heighten ranger presence, education, and improve trails all fail to address resource degradation.

Battles of the North Country: Wilderness Politics and Recreational Development in the Adirondack State Park, 1920–1980 by Jonathan D. Anzalone

Reviewed by: Battles of the North Country: Wilderness Politics and Recreational Development in the Adirondack State Park, 1920–1980 by Jonathan D. Anzalone Clarence Jefferson Hall Jr. (bio) Battles of the North Country: Wilderness Politics and Recreational Development in the Adirondack State Park, 1920–1980 By Jonathan D. Anzalone. Amherst and Boston: University of Massachusetts Press, 2018. 292 pages, 8 halftones, 2 maps, 6" x 9". $92.68 cloth, $32.95 paper, $32.95 ebook. Preparations for the 1980 Olympics in Lake Placid included excruciating debates surrounding the potential environmental risks and economic rewards of hosting the Winter Games a second time. When questioned by a reporter about his views on the subject, one village resident responded, "I would like to see the environment stay as it is, but I would rather see food for my family on the table" (179). This seemingly passing comment underscored a point of tension that conditioned the planning and construction of recreational facilities in and near New York's "Forever Wild" Forest Preserve in the Adirondack State Park for much of the twentieth century. However, as Jonathan Anzalone has uncovered in his terrific book, more often than not, environmental regulators, businesspeople, year-round residents, second-home owners, and tourists agreed that economic development and environmental protection were not mutually exclusive. Rather, as Anzalone demonstrates, nearly everyone with a stake in the future of the Adirondack Park between 1920 and 1980 considered the building of modern recreational infrastructure to be a key component of environmental conservation in New York's North Country. As such, Jonathan Anzalone has extended the timeline of conservation history past its traditional Progressive Era boundaries to encompass wide-ranging developments in the twentieth century that would have baffled people like John Muir and Theodore Roosevelt. Battles of the North Country analyzes how New York State reconciled the construction of modern recreational infrastructure on public lands in the Adirondack Park with the legal protections afforded the Forest Preserve under Article XIV (the "Forever Wild" provision) of the state constitution. In richly detailed accounts of seven major building projects—athletic facilities for the 1932 and 1980 Winter Olympics in Lake Placid, state [End Page 406] campground modernization, the highway and ski centers at Whiteface Mountain, the Adirondack Northway (Interstate 87), and planned second-home developments—Anzalone shows how state leaders' utilitarian interpretation of "Forever Wild" permitted revolutionary transformations seemingly at odds with the strictures enshrined in Article XIV. Eager to accommodate restless urban populations yearning for time in the great outdoors, conservation leaders argued that as the property of all New Yorkers, the Forest Preserve had to be made useful. Anzalone writes, "Building campsites, mountain roads, and other recreational facilities, [conservation officials] believed, promoted healthful exercise, economic growth, and rational use of resources" (5). But how did the state construct roads, ski lifts, restrooms, freshwater systems, and other modern infrastructure inside the Forest Preserve without violating the constitution? Anzalone reveals how state lawmakers and voters repeatedly obliged conservation leaders' requests to amend the constitution and override—some might say undermine—Article XIV. Sometimes, however, conservation officials skirted both the constitution and established legal frameworks to achieve their recreational objectives. Analyzing preparations at Whiteface Mountain for the downhill skiing competition at the 1980 Olympics, Anzalone writes, "The DEC [Department of Environmental Conservation] … angered conservationists when it widened ski trails on Whiteface to two hundred feet … even though the state constitution limited trail width to eighty feet" (197). With both the vitality of a growing state population and the economic survival of a rapidly deindustrializing North Country on the line, "Forever Wild" could never mean "Forever." By demonstrating the significant role public officials—as opposed to private developers—played in modernizing lands many assumed off limits to construction, Anzalone challenges readers to reconsider American conservation as less an experiment in environmental protection and more an exercise in state-sponsored economic development. Exhaustively researched and drawing on a deep evidentiary base, including government reports, personal correspondence, interviews, and local and national periodicals, Battles of the North Country situates outdoor recreation as a component whose importance to the history of conservation ranks equally with efforts to regulate extractive industries and wildlife populations. Its accessible, often entertaining prose...

Sustainable Trail Design, Not Hiker Permits, is Necessary for Environmental Preservation in New York State’s Adirondack Park High Peaks

The High Peaks of the Adirondack Park in New York is home to many of the state’s precious natural resources and is a favorite destination for hikers. Severe erosion on trails threatens the region’s environmental health. Most conservation groups advocate for reducing the number of hikers as the primary solution to combatting erosion; however, the scientific literature indicates that reduction of foot traffic is ineffective at combatting already deteriorating trails. Instead, we recommend the state legislature and Department of Environmental Conservation pursue a plan to rebuild these trails using sustainable design principles, which more effectively ensures their longevity. We outline the research and expertise required to successfully rebuild these trails as well as a mechanism to fund this expensive endeavor.

Population Assessment and Habitat Use of Brown Trout Following Severe Overwinter Predation from Common Mergansers in a Western New York Stream

Heavy predation by Mergus merganser (Common Merganser) during severe winters of 2013–2014 and 2014–2015 resulted in substantial reductions of wild Salmo trutta (Brown Trout) in open-water, groundwater-fed reaches of Oatka Creek in western New York State. New York State Department of Environmental Conservation considered the need for habitat manipulation to reduce the severity of future overwinter-predation by mergansers in Oatka Creek Park (OCP) but lacked data to make an informed decision. Thus, this study sought to estimate population abundance, density, and year-class distribution of Brown Trout; quantify the availability of cover and habitat; and identify habitat features used by Brown Trout in OCP. We recorded data for 100 Brown Trout (101–512 mm TL) during spring 2016, autumn 2016, winter 2017, and spring 2017. Despite the absence of mergansers in ensuing warmer winters, trout population indices decreased as the study continued, likely affected by high streamflow during sampling events. Year-class distributions typical of a small stream, however, suggest that the population is recovering. Velocity refuges and structural cover were the primary factors determining habitat selection. Large woody debris was the most favored cover type by all Brown Trout; however, boulders were also important, especially during low streamflow. Large trout (>300 mm) showed a strong preference for deepwater habitats with slow currents and high densities of woody debris and boulders, while small trout (<200 mm) preferred shallower complex habitats with slow currents, course substrates, and high cover densities. Quality trout habitat and instream cover is abundant throughout OCP, but the abundance of highly complex overwinter habitats capable of providing protection from mergansers may be limited. Adding complex structural cover to areas favored by smaller trout (<300 mm) could increase habitat complexity and likely reduce the severity of future overwinter predation.

Comparison of current Federal Reference Methods for ambient lead measurements adjacent to a secondary lead smelter

ABSTRACT The United States Environmental Protection Agency (EPA) reduced their National Ambient Air Quality Standard (NAAQS) for lead (Pb) an order of magnitude to a concentration level of 0.15 micrograms per cubic meter (µg/m3) when the new rule was promulgated in 2008. At that time, the possibility of revising the Pb sampling method from total suspended particulate (TSP) to particulate matter less than or equal to 10 µm in diameter (PM10) was considered due to potential measurement bias of the Pb-TSP monitoring technique. The New York State Department of Environmental Conservation (NYSDEC) has been operating source-orientated colocated TSP and PM10 monitors documenting ambient air lead (Pb) concentrations since 2011 at a site adjacent to a secondary Pb smelter in Wallkill, New York. The colocated Wallkill data show a very strong correlation between the readings recorded by these two sampling techniques. After the range of the variability in the individual Pb-PM10/Pb-TSP ratios was reduced by using a 0.005 µg/m3 concentration cut point, because of the concerns about the measurements at low concentrations, an adjustment factor (AF) of 1.49 was calculated using the remaining data set. This AF can be used to estimate Pb-TSP concentrations from Pb-PM10 readings at this Wallkill source-orientated location. It was stated by the EPA that there is only a limited data set in situations where Pb-TSP and Pb-PM10 are colocated, especially for those sites considered to be source-oriented, so the analyses performed and summarized herein for the Wallkill colocated airborne Pb concentration data add to that limited data set. Implications: These data analyses add to the limited data set in situations where Pb-TSP and Pb-PM10 are colocated to help refine the derivation of a site-specific adjustment factor for estimating TSP Pb concentrations from measured PM10 Pb concentrations. This could assist the EPA in transitioning away from the use of the Pb-TSP monitoring technique, with its indicated measurement bias, for the Pb NAAQS to the use of Pb-PM10 instead. An adjustment factor of 1.49 was calculated that could be used to estimate Pb-TSP concentrations from Pb-PM10 values collected around this source-orientated location.

Use of the Pesticide Intermediate Benzene Hexachloride as a Tracer to Determine Liability

Solvent alleged that chlorinated benzene contamination detected in Solvent's offsite groundwater recovery wells was 98% due to releases from the neighboring Olin chlorobenzene production facility and only 2% due to Solvent's nearby chlorinated benzene production facility. However, Solvent's position was complicated by the fact that it had acknowledged that its operations had impacted site contamination levels. Solvent's position was that the onsite contamination was partially due to Olin, but it faced an uphill struggle because the New York State Department of Environmental Conservation (NYSDEC) had assigned Solvent responsibility for the Hot Spot cleanup at the Olin site. However, Solvent was able to recover virtually the entire amount of its Hot Spot costs attributable to chlorinated benzenes from Olin, as well as the full percentage of allocation they requested from Olin for the Solvent site through the useof chemical tracers such as benzene hexachloride (BHC).

Anything but a Walk in the Park: Framing Analysis of the Adirondack State Park Land Classification Conflict

State and national park land management is rife with conflict, be it either over how land is managed within the park or how it affects adjacent private lands. The Adirondack Park in upstate New York is an especially interesting case due to its unique mix of public and private lands within the boundaries of the park, often referred to as the Blue Line. A recent land acquisition by the New York State Department of Environmental Conservation (NYSDEC) and the resultant land classification process is the most recent conflict in the region in a long line of land use/land designation conflicts. In the wake of recent attempts for greater collaboration, we explored this conflict by conducting a framing analysis of both stakeholders’ online presence (i.e., websites and blogs) and local news media coverage of the classification process. Primary stakeholders included local town residents, sportsmen groups, NYSDEC, Adirondack Park Agency, local government, and environmental groups. We found that stakeholder groups’ online materials utilized frames to describe their objectives based on different values. Dominant frames included a “reasonable access” frame used by residents and town officials to highlight rights to accessible use. Environmental groups heavily used an “environmental protection” frame, highlighting the ecologically important wetlands and opportunity to increase lands designated as “Wilderness”. In news media articles, the dominant frame was the “conflict frame”, portraying the decision-making process as riddled with tension and incompatibility. These frames indicate that the conflict over land classification stems from different values of accessibility and strong wilderness protection as well as being communicated as intractable by the media.

Accounting for ‘how we know’ about the safety/risks with hydrofracking: an intergovernmental hearing on the revised Environmental Impact Statement on whether to permit hydrofracking in New York state

An intergovernmental hearing on permitting hydrofracking in New York State is examined. This hearing proved to be a key moment in the debate on hydrofracking. The Department of Environmental Conservation (DEC) advocates for accepting their revised Environmental Impact Statement (EIS), while some Assembly members raise concerns about the risks and are critical of the EIS. The focus is on how techno-scientific discourse is formulated to argue for or against permitting hydrofracking. In particular, models are cited. The DEC uses extreme-case formulations to amplify their knowledge claims about their modeling. ‘Extreme-case formulations’ involve heightened, maximal descriptions of how they know through modeling. Formulations can also be used to deflate the accuracy of modeling. The boom-and-bust cycle model is challenged by the DEC through the practice of reformulation. The boom-and-bust cycle is reformulated to a more benign process to counter the Assembly member’s account. Such techno-scientific discourse of modeling and with their extreme-case formulations need to be seen as a situated social activity and for their discursive, rhetorical, or affective dimensions in contexts such as intergovernmental hearings.

New York State's Inland Geographic Response Plans

Geographic Response Plans (GRPs) are location-specific plans developed to provide guidance for oil spill responses throughout the United States. Until recently, the majority of crude oil transportation in the United States has occurred via waterways on oil tankers and barges, therefore, most existing GRPs focus on the protection of sensitive biological resources and socio-economic features in near shore environments. The recent development of crude oil extraction from the Bakken formation has resulted in a significant increase in the volume of crude oil being transported via railroads and pipelines and has highlighted the need for inland response planning. Rail cars transporting the volatile and flammable Bakken crude oil now traverse more than 850 miles of New York State on two major Class 1 Railroads. In response, Executive Order 125 was issued by the governor directing state agencies to strengthen the state's preparedness for incidents involving crude oil transportation. New York State's (NYS) Department of Environmental Conservation (DEC), in collaboration with the Department of Homeland Security &amp; Emergency Services and Department of Health, are leading a multi-stakeholder effort to develop Inland GRPs for the 21 NYS counties currently impacted by crude-by-rail transportation. County steering committees were established consisting primarily of local first response agencies, as well as their state and federal partners. Utilizing Sensitive Resource Maps developed by DEC, coupled with the local steering committee input, location-specific response plans were drafted, reviewed, and set as final working “evergreen” documents, which are open for update/refinement at any time in the future. The NYSDEC GRPs are similar to typical GRPs in that they are map-based, location-specific contingency plans that outline response strategies for the protection of sensitive resources. However, the NYSDEC GRPs differ from traditional GRPs in several ways. They extend contingency planning to cover spills on land, in addition to surface water-based spills. Due to the flammability of Bakken crude oil, much more emphasis is placed on the fire risks associated with a train derailment. This is done by mapping sensitive human receptors (e.g., schools, daycare centers, assisted living centers, etc.), critical infrastructure, and identifying fire (and vapor) suppression assets. The NYSDEC GRPs also place more emphasis on the initial response options available to local first responders, options that can be implemented before other response assets may arrive on-scene (State, Federal, and RP). This presentation will discuss the development, structure, proposed implementation, training and exercises associated with this ongoing program.

The response of earthworms (Eisenia fetida) and soil microbes to the crumb rubber material used in artificial turf fields

Municipalities have been replacing grass fields with artificial turf, which uses crumb rubber infill made from recycled tires. Crumb rubber contains hydrocarbons, organic compounds, and heavy metals. Water runoff from crumb rubber fields contains heavy metals. These components can damage the environment. We contaminated topsoil with new crumb rubber and measured its impact on earthworms and soil microbes. Specifically, we compared soil microbe activity and earthworm health, survivorship, and longevity in heat and light stress under two soil regimes: clean topsoil and clean topsoil contaminated with crumb rubber. We then characterized levels of metals, nutrients, and micronutrients of both soil treatments and compared those to published New York soil background levels and to levels set by the New York State Department of Environmental Conservation (DEC) as remediation goals. We found that: 1) contaminated soil did not inhibit microbial respiration rates, 2) earthworm survivorship was not impacted by exposure to contaminated soil, 3) earthworms' ability to cope with heat and light stress remained unchanged after living in contaminated soil, but 4) earthworms living in contaminated soil gained 14% less body weight than did earthworms living in uncontaminated soil. We also found that, with the exception of zinc, heavy metals in our contaminated soil did not exceed the background levels found throughout New York State or the remediation targets set by the DEC.

The New York State Department of Environmental Conservation's (Non)-Authority to License Violations of the Environmental Conservation Law

This article evaluates whether the New York State Department of Environmental Conservation may issue permits to cull nuisance deer that, by their terms, implicitly or explicitly purport to authorize conduct otherwise prohibited by the state’s Environmental Conservation Law. An analysis of relevant law shows that the Department of Environmental Conservation has the authority to issue nuisance wildlife permits. In issuing these permits, however, the Department of Environmental Conservation cannot disapply the Environmental Conservations Law’s provisions on the use of firearms (such as that they be discharged at least 500 feet away from a dwelling unless consent is obtained) and prohibitions on the use of related accessories, such as firearms silencers.