Kentucky Natural Resources and Environmental Protection Cabinet

Volume 15 Number 1Winter 2004

Natural Resources andEnvironmental Protection Cabinet

LaJuana Wilcher, Secretary

Department for EnvironmentalProtection

Robert Logan, Commissioner

Department for Natural ResourcesHugh Archer, Commissioner

Department for Surface MiningReclamation and Enforcement

D. Allen Luttrell, Commissioner

Land, Air & Water is publishedquarterly by the Natural Resources and

Environmental Protection Cabinet with stateand federal funds. Subscription to this

publication is free. Write the Office of theSecretary, Communications Staff,

514 Capital Plaza Tower, Frankfort, KY40601 or phone (502) 564-5525 to have your

name added to the mailing list. Addresschanges and deletions also

should be sent to this office or faxedto (502) 564-3354.

The Natural Resources and Environmental Protection Cabinet does not discriminate onthe basis of race, color, national origin, sex, age, religion or disability and provides, onrequest, reasonable accommodations including auxiliary aids and services necessary to affordan individual with a disability an equal opportunity to participate in all services, programs andactivities. To request materials in an alternative format, contact the Office of the Secretary,Communications Staff, 514 Capital Plaza Tower, Frankfort, KY 40601 or call (502) 564-5525.Hearing- and speech-impaired persons can contact the agency by using the Kentucky RelayService, a toll-free telecommunication device for the deaf (TDD). For voice to TDD, call(800) 648-6057. For TDD to voice, call (800) 648-6056.

Printed on recycled paper with state and federal funds

Agency CoordinatorsMartin Bess, Maleva Chamberlain,

Lillie Cox, Mary Jean Eddins,Matt Hackathorn, Gwen Holt,Leslie Cole, Cecilia Mitchell,Lee Ruggles, Julie Smither,

R.C. Story

Visit Land, Air & Water magazine on the World Wide Web atwww.environment.ky.gov/law/default.htm

Online

State of KentuckyErnie Fletcher, Governor

EditorDesign & Production

Cindy Schafer

Co-editorKerry Holt

Wilcher named cabinet secretaryBy Mark YorkOffice of the Secretary

LaJuana Wilcher was swornin by Judge LauranceVanMeter (far left) as NaturalResources and EnvironmentalProtection Cabinet secretaryon Dec. 22. Ed Tivol (center),of Herndon, Va., and Gov.Ernie Fletcher (far right)witnessed the ceremony. Photoprovided by Creative Services

A former U.S. Environmental Protection Agency (EPA) official has been appointedsecretary of the Natural Resources and Environmental Protection Cabinet. She willnow serve as secretary of the newly constituted Environmental and Public ProtectionCabinet.

LaJuana S. Wilcher, 49, of Bowling Green, was tapped by Gov. Ernie Fletcher totake the state�s top environmental and public protection position.

Wilcher served as the assistant administrator for water for the EPA during theadministration of President George W. Bush, Sr. She had returned to practice law inBowling Green after working 19 years in Washington, D.C.

�I believe we can set a course to protect the environment, to conserve, protectand restore the waters, woods and wildlife habitat that we have been blessed with inthis great land we call home,� Wilcher said. �If we are to stimulate jobs and theeconomy, we must protect the environment. I believe the two go hand in hand.�

Wilcher received a biology degree from Western Kentucky University, then a lawdegree from the Chase College of Law at Northern Kentucky University. In addition toher work at the EPA, Wilcher also served as a special assistant to the general counselat the U.S. Department of Agriculture, and as a naturalist for the U.S. National ParkService at Mammoth Cave National Park.

On the Cover

what�s inside

Winter 2004

Features

ContentsWhat you shouldknow about public

notifications 4Kentuckians need to know

what to expect when apotential health risk affects

their water supply.

Pruden-Fonde 1450 acres of an abandoned

mining operation is cleanedup and is now a productive

vegetated site.

Wilcher named cabinet secretary ................................. Inside coverConservation easements�win-win for landowners and conservationists .................................................................1Community meetings help citizens learn about new air quality standards ..................................................................2The digital divide ...........................................................................3Children�s health�are Kentucky�s children at risk? ......................5Division making schools safer when dealing with asbestos ..........6Tree harvest important to health of Tygarts State Forest ..............7Waste management looks to improve high school sports .............8The nature of Kentucky�then and now .................................. 9-10Let�s polish Kentucky�s tarnished beauty ................................... 11Preparations in place for upcoming Youth Environmental Summit .................................................................................... 12Green Building Council in Kentucky ............................................ 13Patton appoints panel members for 2004 ..................................... 15Workshops promote energy-efficient home construction ........... 16Citizens file appeal of agreed orders ............................................ 16Setting the stage for continued success ................................. 17-18Awards .................................................................................... 19-20Valuable reference guide now available through the KSNPC................................................................. Back cover

Volume 15 Number 1

Printed by Post PrintingLexington, Kentucky

Ice formations grace a rock face at High Falls in WolfeCounty, Ky. Photo by Merle M. Wasson, Natural Resourcesand Environmental Protection Cabinet.

High-performance schoolsset the example 13

Kentuckians visit North Carolina schoolsto learn about energy-efficient designs. 13

414

Land, Air & Water 1

If you want to protect the naturalfeatures of your land during yourownership and forever after, a conser-

vation easement may be the option for you.In a typical land transfer, the buyer obtainsa bundle of rights collectively known as�fee title.� This bundle usually includesrights to develop, to use minerals andwater, to lease, to hunt and to cut downtrees. Alternatively, a landowner can sellsome of these rights and still maintainownership of the property, which involvestransferring a less-than-fee interest.

Included in these lesser transfers isthe conservation easement�a voluntary,legally binding, recorded agreementnegotiated between a landowner and a landtrust or government agency that perma-nently limits the uses of a tract of land inorder to protect its natural, historic, scenicor conservation values. Since the 1970s,conservation easements have grown inpopularity and are now the preferred toolfor an expanding number of land trusts andpublic agencies wanting to protectimportant natural and cultural resourcescompeting against escalating urban sprawl.Benefits of conservation easementsinclude the ability to leave land in private

ownership, income tax and potentialcapital gains tax deductions, reducedproperty and estate taxes, and thereassurance that certain protectionsremain in force after ownership changeshands. Conservation easements do notautomatically provide for public accessunless the landowner-grantor specificallyallows it.

Historically, not all easements weretreated as perpetual, and only certainkinds qualified for tax deductions. In time,this proved to be problematic for manyconservation programs� requirements, andthe need arose for a uniform law oneasements that would be accepted by theInternal Revenue Service and adopted bythe states. In 1988, the Kentucky GeneralAssembly adopted the Uniform Conserva-tion Easement Act identifying four widelyrecognized purposes served by conserva-tion easements�retaining natural, scenicor open space values; providing publicaccess for agricultural, forest, recreationalor open-space purposes; protectingnatural resources and unique wildlifeareas; and preserving historical, architec-tural, archaeological or cultural aspects ofproperty. All four types of easements

qualify for tax deductions as long as giftand mineral rights remain intact. Additionaltax deductions are proposed in currentfederal legislation that will provide a breakeven if the easement is sold rather thandonated. Conservation easements arevalued by subtracting from the appraisedfair market value of the property with therestrictions on it.

Because future easement holders mustbe able to understand a property�s featuresat the time the easement was created,government and nongovernment programsalike call for reliable baseline documenta-tion and monitoring to prevent improperfuture uses of the property. Baselinedocumentation describes in detail thecondition of the property when theeasement is recorded. This packageincludes a comprehensive map identifyingimportant landscape features (roads,structures, fences, trails, wetlands andbodies of water) and special features, suchas rare plants that require protection.Ideally, the map also defines enforceableproperty boundaries and contains photo-graphs of structures, improvements andwooded areas.

Conservation easements�win-win for landowners and conservationists

By Barbara M. Pauley, Office of Legal Services and Hugh N. Archer, Department for Natural Resources

Continued on Page 15

RIGHT: More than 190 acres spanning fivetracts flanking Ohio County Park in Hartford,Ky., are now permanently protected byconservation easement. Heritage LandConservation Fund dollars were used for theacquisition.

BELOW: Using Heritage Land ConservationFund money, the Shelby County Fiscal Courtwas able to purchase and place a conservationeasement on 27 acres of natural area adjacentto the 200-acre Clear Creek Park and LakeShelby. Photos provided by the Heritage LandConservation Fund Board

Land, Air & Water2

Last year, the Division for AirQuality�s Program Planning and Adminis-tration Branch staff traveled throughoutthe state scheduling and attending morethan 20 meetings with local governmentand business leaders on the potentialimpacts of the more stringent 8-hour ozoneand fine particulate standards.

These two new National Ambient AirQuality Standards will be implemented inKentucky and the nation over the nextseveral months. Both the 8-hour ozoneand fine particulate (PM2.5) standardswere adopted by the U.S. EnvironmentalProtection Agency (EPA) in 1997. Afterundergoing extensive legal challenges, thestandards are finally scheduled forimplementation before the end of 2004.

The first new standard to take effectwill be the 8-hour ozone standard. Ozone,a colorless gas, is the major component ofsmog. It can present a serious air qualityproblem for healthy people and can causesevere problems for people with existingrespiratory or pulmonary illnesses, thevery young and the elderly. Ground-levelozone pollution is formed during the hotsummer months by a chemical reactionbetween volatile organic compounds(VOCs) and oxides of nitrogen (NOx), heat,strong sunlight and humidity. Sources ofVOCs include automobiles, trucks, buses,gasoline stations, some industries, printshops, consumer products (such as paintsand cleaners) and off-road engines, suchas those found in lawn and gardenequipment, construction equipment andlocomotives. The biggest sources of NOxemissions are typically large industry andcombustion sources including electricutilities. Because there are many sourcesof VOCs and NOx, ozone is difficult tocontrol. Although ozone levels havedeclined in many areas of the state,research has shown that lower levels ofozone over longer periods can be evenmore harmful than the �peaks� regulatedunder the previous standard.

The old ozone standard was a 1-hour

standard set at .120 ppm (parts per million).A monitor could record up to threeexceedances of this standard in three yearsand still remain in compliance with thisstandard. If a fourth exceedance wasmonitored, the area was considered inviolation.

The new 8-hour standard set at .08ppm, however is more stringent than theold 1-hour standard and was designed to

add an additional level of protection forchildren, the elderly and people withrespiratory problems. Monitoring data isaveraged over a different time period, andthe fourth-highest 8-hour level for themonitoring season is used to help deter-mine whether an area is meeting thestandard. That fourth-highest average for

Community meetings help citizens learnabout new air quality standardsBy Lona BrewerDivision for Air Quality

Continued on Page 11

Ozone monitoring results in Kentucky2001-2003 monitoring data

.085 or greater�Boone, Kenton, Campbell, Oldham, Boyd and Christiancounties.

.083 - .084�Greenup, Jefferson and Livingston counties

.082 and below�Carter, Pike, Scott, Fayette, Jessamine, Pulaski, Bell, Perry,Bullitt, Hardin, Edmonson, Warren, Simpson, Hancock, Daviess, Henderson,McLean, Trigg, McCracken and Graves counties.

PM2.5 monitored values in Kentucky2000-2002 monitoring data

Violation of the annual standard�Campbell, Boyd, Jefferson, Bullitt, Fayette,Bell, Perry and Daviess counties.

Attaining the annual standard�Carter, Pike, Franklin, Madison, Laurel,Hardin, Warren, Christian, Henderson and McCracken counties.

Potentially impacted due to MSA�Boone, Kenton, Gallatin, Grant, Pendleton,Bracken, Trimble, Oldham, Henry, Shelby, Spencer, Nelson, Scott, Woodford,Jessamine, Clark, Bourbon, Greenup, Meade, Hancock and McLean counties.

You may view the original maps submitted for this article by theDivision for Air Quality by clicking on �Community meetingshelp citizens learn about new air quality standards� under�Contents� on the Land, Air & Water web page.

Land, Air & Water

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Americans just love their toys. Computers, televisions, cellphones, Palm Pilots, monitors�they�re all staple necessities ofthe Information Age. But many environmentalists believe the e-fallout driven by America�s zeal to climb the Pentium ladderrequires legislative attention�since electronic equipmentcontaining hazardous components comes and goes these daysalmost as quickly as the change in seasons. Others contend thatno real evidence exists linking e-scrap to contamination problemsin landfills.

So states are faced with the e-waste debate�to regulate ornot to regulate? According to the National Caucus of Environ-mental Legislators, 29 states introduced bills this year that dealtwith environmental and fiscal impacts of e-waste. While theKentucky legislature has yet to address the issue, one certainty isthat the e-dilemma is not going away any time soon.

Electronics make up the fastest growing portions of theAmerican solid waste stream. In fact, the National Safety Councilprojects that more than 500 million computers and monitors willbecome obsolete and discarded by 2007�and of course themajority of that equipment will almost certainly be replaced withnew, keeping the e-cycle going.

Under current statute Kentuckians can set their old TVs,computers and monitors out with the rest of the householdgarbage provided the local landfill will accept them. However,businesses and industry are required to manage e-waste by eitherpaying to have e-scrap recycled or donating the equipment toschools and nonprofit organizations. Federal law prohibitsbusiness and industry from sending broken and obsoleteelectronics to the landfill.

Kentucky Resource Conservation and Local Assistance(RCLA) Branch officials estimate that around 2 percent of theCommonwealth�s annual municipal solid waste is electronic. Inother words, some 94,000 tons of e-scrap went to Kentuckylandfills last year alone. In addition, the waste industry estimatesthat 70 percent of all heavy metals found in landfills are from e-scrap.

All electronics contain at least a little bit of such heavymetals as lead, mercury, chromium and cadmium, but manycomponents, such as TVs, computers and monitors, containsignificant amounts of heavy metals. For example, TVs,computers and monitors�particularly older ones�eachaverage about four pounds of lead (depending on their size,make and vintage).

Throw in the other toxic materials found in e-scrap, likecathode ray tubes (CRTs provide lighting for TV screens andcomputer monitors), brominated flame retardants and thevarious types of batteries used to power the equipment, and e-waste puts a literal spin on the old cliché�get the lead out.Ironically, the electronics industry did just that with theinvention of flat screen TVs and monitors. The only problem isthe industry traded the lead for mercury in the flat screenCRTs. Mercury is much more toxic (and mobile) than lead whenreleased into the environment.

Some states, including California, Maine, Massachusetts,Minnesota and Oregon, have already passed e-waste relatedlegislation. The new California law, which goes into effect nextspring, is by far the toughest�imposing a $6 to $10 fee on allnew TVs and computers to help foot the state�s recycling bill,and requiring the elimination of toxic materials like lead andmercury from electronic products sold in the state by 2007.

Whether the Kentucky General Assembly plans toaddress the e-waste issue during the 2004 session is currentlyunknown, but responsible citizens may easily rid themselves ofbroken and outdated electronic equipment through recycling.The best time to recycle old equipment is when it�s time to buynew. Major manufacturers offer take-back programs. You mayneed to negotiate the �trade-in� as part of the expense for thenew machine.

Citizens may learn more about e-waste by calling Tom Heilof the RCLA Branch at (502) 564-6716 or by visiting theKentucky Division of Waste Management Web site atwww.waste.ky.gov.

The digital divide

As the pulse of 21st century electronics surges forward,today�s marketplace remains charged with new and innova-tive equipment. Millions of gadgets, from TVs to computersto cell phones, become obsolete and end up in landfills eachyear. It�s no secret that such devices contain heavy metalsand toxic chemicals. The question is�are we managingelectronic waste appropriately, or are we risking the futureof our environment?

By Matt HackathornDivision of Waste Management

By 2007, it is projected that 500 million computers and monitors willbecome obsolete and discarded due to new and improved modelsshowing up on the market daily. 94,000 tons of e-scrap, including cellphones, personal data assistants (Palm Pilots) and other electronics,went to Kentucky�s landfills last year. Graphic by Cindy Schafer

Land, Air & Water4

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Public water systems must deliver safeand reliable drinking water to their custom-ers 24 hours a day, 365 days a year. If awater supply were to become contami-nated, serious health problems wouldthreaten large numbers of people. A watersystem is required by state and federal lawto notify its customers anytime it receivesa notice of violation or a situation poses arisk to public health.

The 1996 Safe Drinking Water ActAmendments mandate revised publicnotification requirements to ensureconsumers will always know about thesafety of their drinking water. If a seriousproblem poses a risk to consumers� health,they must be notified within 24 hours andmust also be provided with informationconcerning what they can or should do inresponse to the problem.

The new federal requirements tookeffect nationwide May 6, 2002. Theyrequire public notification when a publicwater system violates a standard or

requirement set by the U.S. EnvironmentalProtection Agency (EPA) or the state ofKentucky or the system receives a noticeof violation.

The new requirements includenotifying consumers in a timely mannerand using simplified language about actualor potential health effects associated withtheir drinking water. The EPA requiressome specific language in every publicnotice.

Public notification also provides anopportunity for water systems to educatetheir consumers and build trust throughopen, honest sharing of information.Notices used in this positive way helpconsumers understand the basis for rateincreases that may be needed for addi-tional drinking water treatment andprotection.

Key issues of public interestChanges to timing and distribution of

the public notice are based upon thepotential health impact of the violation orevent. Violations and events are separatedinto three tiers based on potential health

impacts and the classification (ortype) or the water system. Thethree tiers are: · Tier 1 (immediate concern)requires public notificationwithin 24 hours. · Tier 2 (long-term concern)requires public notificationwithin 30 days. · Tier 3 event requires publicnotification within 1 year. Immediate health concerns,such as a boil water notice, arereferred to as Tier 1 events, alsoknown as acute threats. Tier 2events result when the watersystem discovers a monitoredcontaminant is above themaximum contaminant limit set in

the regulations. Tier 3 events requireannual notice and include violations ofmonitoring or testing procedures.

To assist water systems in implement-ing the new public notification require-ments, the EPA and the Association ofState Drinking Water Administratorsdeveloped a Public Notification Handbookthat includes sample public notices. Thehandbook is available on the EPA�s publicnotification Web site http://www.epa.gov/safewater/pn.html.

For more information on the newpublic notification requirements, contactthe Kentucky Division of Water, DrinkingWater Branch at (502) 564-3410 or theEPA�s Drinking Water Hotline at (800) 426-4791 (Web site http://www.epa.gov/safewater/drinklink.html). Also, checkout the EPA�s reference guide at http://www.epa.gov/safewater/pws/pn/guide.pdf.

Public notificationanother public health benefit from public water systems

By Jeff GrubbsDivision of Water

1. Description of the violation orsituation.

2. When the violation or situationoccurred.

3. Potential health effects.4. The population at risk.5. Whether alternate water supplies

should be used.6. Actions consumers should take.7. What is being done to correct the

violation/situation.8. When the system expects to

resolve the problem (return tocompliance).

9. Name, number and businessaddress for more information.

10. Standard distribution language.

Each public notice must address10 items:

This laboratory technician is testing for alkalinity from a local water source. Thereare a variety of tests and filtering processes performed before water is pumped toreservoirs or holding tanks for consumption.Photo by Cindy Schafer

Land, Air & Water 5

Children today face an array of exposures to potentially toxicenvironmental hazards. Hazardous substances such as lead,PCBs, solvents, asbestos, radon, pesticides and air pollutionhave found their way into the homes, schools and playgroundsof our children.

When it comes to environmental pollutants, children areuniquely vulnerable. �Unlike adults, children are in an ever-changing state of growth and are especially sensitive to environ-mental exposures,� said Dr. George Geller, a pediatric environmen-tal health specialist from Emory University.

Geller and a panel of six otherexperts gathered on Oct. 16 to sharetheir views and recommendations onhow to better protect Kentucky�schildren from environmental hazards ata public forum sponsored by theEnvironmental Quality Commission andthe Children�s Environmental HealthWorking Group. �Poor environmentalquality is directly responsible for 25percent of all preventable illnesses, andtwo-thirds of this occurs amongchildren,� said Wayne Garfinkel, theChildren�s Health Coordinator for theU.S. Environmental Protection Agency(EPA) Region 4. The total

economic cost to society for childhood diseases linked toenvironmental pollutants is estimated to be $54.9 billion. Forum panelists and audience members shared concerns andcalled for a number of actions to protect the health of Kentucky�schildren. The Rev. Louis Coleman, director of the Justice Re-source Center, expressed the need for more public health evalua-tions, a greater focus on addressing environmental problems inand near schools, and for stronger state efforts to curb industrialemissions of toxic chemicals. Other suggestions included: · Expanding prevention and outreach strategies to health

care providers, school officials and daycare providers. · Developing a statewide action planto promote healthy homes and schools. · Expanding partnerships to prioritize and coordi-nate statewide efforts to address children�s environ-mental health concerns. · Strengthening tracking efforts for asthma,neurological disorders and other childhood diseases. · Expanding the use of Geographic InformationSystems (GIS) and other data management tools tobetter identify, assess and track the distribution ofdiseases, exposures and risk factors. Among one of the more serious threats to childrenis lead poisoning from lead-based paint found in manyolder homes. In Kentucky, 6 percent of the 21,812children tested by local health departments in 2001 hadunsafe levels of lead in their blood.

Childhood cancer is a growing concern as well.Cancer is the leading cause of death by disease among childrenbetween one and 19 years of age in the United States. The EPAhas determined that infants up to age two are, on average, 10times more vulnerable to carcinogenic chemicals than adults, andfor some cancer-causing agents are up to 65 times more vulner-able.

In Kentucky, 112 cases of childhood cancers were diagnosedin 2000 compared to 95 cases in 1996�an 18 percent increase.However, Dr. Timothy Aldrich, Department of Epidemiology andthe School of Public Health at the University of Louisville,indicated that childhood asthma is of greater concern.

�The number of children with asthma has doubled in theUnited States in the past 15 years,� said Barry Gottschalk,executive director of the American Lung Association of Kentucky.During 2000 and 2001, 12,409 Kentuckians were hospitalized forasthma, 34 percent of which were children under the age of 14.

Children�s health�By Leslie ColeEnvironmental Quality Commission

are Kentucky�s kids at risk?

Continued on Page 15

ABOVE: Ebony Cochran voiced her concerns about the health of childrenliving near Rubbertown, an industrial area of Louisville. Photo by EQCLEFT: Exposure to toxic hazards can lead to childhood asthma and cancer,contributing to increasing medical expenses. Graphic by Cindy Schafer

Land, Air & Water6

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Since its bootstrap beginnings 15years ago, Kentucky�s Asbestos inSchools program has made a difference.

In 1986 the federal Asbestos HazardEmergency Response Act (AHERA) wassigned into law and required all schools,kindergarten through 12th grade, to havetheir buildings inspected by asbestosprofessionals before October 1988.

The inspections were to identifymaterials that contained asbestos and toassess their physical condition withrespect to potential fiber release. Theinspection findings were to be docu-mented in asbestos management plans thatcommitted the schools to strategies forhandling the materials safely.

Asbestos is a naturally occurringmineral fiber and can be added to a varietyof building products to add strength, heatinsulation and fireproofing.

Asbestos materials in good conditiondo not pose a hazard to building occu-pants, but asbestos materials that are inpoor condition could release fibers into theair either through disturbance or deteriora-tion, creating possible health hazards suchas asbestosis and lung cancer.

Kentucky adopted the federal AHERAlaw and established a state AHERAprogram administered by the Division forAir Quality (DAQ) in 1988. The division�sjob was to review all of the state�s 3,800management plans and conduct spot-check inspections of school buildings tovalidate the plans� findings and strategies.

Since 1988, division staff haveapproved all of the plans and conductedvalidating inspections on hundreds ofschools. In the process, lessons have beenlearned, and success stories have beentold.

One lesson learned by a Kentuckyschool district began with a computer-wiring upgrade that inadvertently bur-rowed into an asbestos-containing ceiling.The wiring work was done without firstchecking the school�s asbestos manage-

ment plan, which called for safe asbestosremoval prior to disturbing the ceiling.As the work progressed buildingcustodians, who are provided withasbestos awareness training, reportedpossible asbestos problems to the DAQ.Division inspectors investigated andconfirmed that the ceiling in questioncontained asbestos. School officialsimmediately evacuated students toanother building for two weeks while theasbestos-contaminated building wasthoroughly cleaned.

This valuable lesson learned turnedinto a success story for the school notonly because it was able to return itsstudents to a squeaky clean building, butit also got out the message to otherschools across the state to pay attention

By Parker MooreDivision for Air Quality

to their asbestos management plans.The DAQ also learned an important

lesson�that schools need to be awareof their responsibilities to comply withAHERA laws and protect students fromasbestos hazards.

To help meet these needs, the DAQwon a grant from the U.S. EnvironmentalProtection Agency (EPA) to conducttraining sessions statewide for eachschool�s asbestos contact person. Since1999, when this outreach programbegan, division-contracted trainers havepresented 42 of these training sessionsat no charge to schools.

As part of complying with the law,schools must perform periodic inspec-tions every three years for materialscontaining asbestos and provide yearlynotification to parents, teachers andemployees regarding the school�sasbestos management plan or anyactions taken related to asbestosmanagement. Otherwise, schools can besubject to civil enforcement actions bythe EPA and the DAQ.

As Kentucky�s AHERA programmoves into its 16th year, the DAQ�sgoals for AHERA are to ensure that allschools� management plans are currentand compliant, to monitor schools�adherence to their asbestos manage-ment plans and to promote safe asbes-tos management in schools throughoutreach and compliance assistance.

Division making schools safer whendealing with asbestos

RIGHT: Steam pipes andboilers in steam-heated

schools are often insulatedwith asbestos materials.

BELOW: An entrance to anasbestos removal enclosure.

The work area is undernegative pressure from

filtration equipment inside,preventing asbestos fibers

from escaping.Photos by

Division for Air Quality

Land, Air & Water 7

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The ice storm of February 2003 notonly created hardships for many Kentuck-ians through the loss of mature neighbor-hood trees and consequently the loss ofelectricity, but it also caused hardships forKentucky�s forests. Tygarts State Forest inCarter County received severe damage toapproximately 245 of its 800-acre forest.

The Kentucky Division of Forestrymanages Tygarts State Forest, and anevaluation of the damage prompted thedivision to schedule and conduct asalvage timber harvest on the most heavilydamaged areas of the forest. The areasharvested are primarily on the north- andeastern-facing slopes where the iceaccumulation was greatest.

How did the division determine whichtrees needed to be removed? Trees withmore than 30 percent canopy loss weremarked for harvest, totaling more than5,000 trees with an estimated 1.1 million-board foot of volume. Tree species, heightand diameter were measured and recordedfor every tree identified for removal.

Why not leave them in the forest? �Thedivision advises forest landowners daily onproper management of their forests. We mustpractice what we preach by demonstratingproper stewardship on state forests,� statedLeah W. MacSwords, director of the Division ofForestry. �It is important for the health of notonly Tygarts State Forest but also the surround-ing state, federal and private forestlands that weharvest the damaged trees. If we don�t addressthe damage at Tygarts State Forest, the healthand vigor of the forest as a whole will continu-ally deteriorate,� MacSwords continued.

Forest pests such as bark beetles andborers are opportunistic and thrive in areaswhere trees are damaged and stressed. Inaddition, broken branches and treetops areprime areas for decay and rot. The harvesting isnecessary to maintain the health of the forest,and the removal of these damaged trees willallow sunlight and space for the young vigor-ous undamaged trees in the understory to thriveand replace the harvested trees.

There are other benefits to removingdamaged trees. One is making the trails safer forhikers who frequent the many trails throughoutthe forest, and another is to reduce the fuel loadin the forest to diminish the wildland fire risk tothe area. The division took extra precautions toprotect streams and left a few damaged trees inthe areas for wildlife habitat. The harvest will bemonitored frequently to ensure compliance withthe Kentucky Forest Conservation Act and theharvesting contract.

Tygarts State Forest is used to conductmaster logger training and other educationalprograms and serves as a research and demon-stration forest. It has a best managementpractices trail as well as some experimentalplanting projects. �We are practicing what wepreach. We recommend salvage harvests andother forest management activities to privateforestland owners, so it just makes sense thatwe use these same management tools on ourstate forests,� said MacSwords.

The Tygarts State Forest will be closed topublic access until March 31, 2004, while theharvesting is taking place.

Tree harvest important tohealth of Tygarts State ForestBy Eric Gracey and Gwen HoltDivision of Forestry

�The division advises forest landowners daily on proper manage-ment of their forests. We must practice what we preach by demonstrat-ing proper stewardship on state forests.�

Leah W. MacSwords, director of the Division of Forestry

ABOVE: This haul road sign is locatedalong a trail in the Tygarts State Forest.

BELOW: Areas of the forest floor on thenorth- and eastern-facing slopes will beharvested due to the number of damagedtrees from the January 2003 ice storm.Photos by the Division of Forestry

Land, Air & Water8

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The �gridiron��it�s a tough and menacing term thatconjures up emotions of the football field of play�whereAmerican boys assemble to exhibit the art of teamwork, tocompete with speed, strength and stamina.

Real students of football know the term gridiron dates back tothe late 19th century when the ball was still round and yard lineswere painted horizontally and vertically. Today the term gridironremains synonymous with other distinctive football expressions

like frozen tundra, sudden deathand crumb rubber...

Crumb rubber?Well, maybe the crumb rubber

connection to football is a bit ofa stretch, but an innovativegrant program recently approvedby the Natural Resources andEnvironmental ProtectionCabinet (NREPC) hopes to makecrumb rubber as common toKentucky football as the forwardpass.

Rep. Tom McKee, D-Cynthiana, promoted the idea of

blanketing Kentucky high-school football fields with crumbrubber to help serve a number of useful purposes. A top dressingof crumb rubber on an athletic field can protect the turf�s sensitiverhizomes and tender root system under the stress of cleatedtraffic. That means the players and coaches from schools incorpo-rating a crumb rubber plan will no longer have to alternatebetween choking on dust or slopping through mud by the secondgame of the season.

The material also offers a nice layer of padding to possiblyreduce the risk of player injury. And from a waste managementperspective, an effective athletic field maintenance programpresents Kentucky with another beneficial reuse option for thefive million-plus waste tires generated in the Commonwealth eachyear.

�Many high schools attempt to maintain one playing field forhigh-school football practice, seventh- and eighth-grade footballgames, and boys� and girls� soccer, and that just wears the grass

out,� said McKee, who learned about the new turf managementsystem from Harrison County football coach Ray Graham. �Thisprogram is good in every way. It offers funding to assist schoolsin improving athletics while helping to recycle a major solidwaste issue.�

Coach Graham learned about the crumb rubber process fromDanville High School football coach Sam Harp. Danville receiveda grant from the Ford Motor Company to apply the material to itspractice field this spring. �We like it so far,� said Harp, who wasthe first coach in Kentucky to implement crumb rubber technol-ogy with grass. We had 88,000 pounds of rubber put on the fieldthis year, and next year we�ll apply an additional 12,000 pounds.It gives us a softer surface, and the field has more grass nowthan ever at this time of year.�

Soon Kentucky high schools will have the opportunity tocompete for crumb rubber funding. Former NREPC SecretaryHank List earmarked $1 million in matching grant funds over thenext two years for schools willing to invest in the program. Thefunding comes from the state�s Waste Tire Trust Fund, anendowment established in 1998 by the Kentucky GeneralAssembly to receive fees collected from new tire sales. NREPCofficials estimate the total application expense for one athleticfield to cost $35,000 to $40,000. The cabinet plans to match up to$20,000.

�We�re still developing the grant application process anddefining the assessment criteria for funding,� said ResourceConservation Supervisor Todd McCoy. �Hopefully, that processwill be completed soon. This is a very positive program, andwe�re looking forward to promoting it across the Common-wealth.�

High schools interested in learning more about the applica-tion of crumb rubber on athletic fields may call Coach Harp at(859) 238-1308 or McCoy at (502) 564-6716.

Waste managementlooks to improvehigh school sportsBy Matt HackathornDivision of Waste Management

A thin layer of crumb rubber can be applied directly onto real grass toprotect the plant�s delicate crown, while reducing wear and divots.Graphic by Division of Waste Management

�This program isgood in every way. It

offers funding toassist schools in

improving athleticswhile helping torecycle a major

solid waste issue.�

Rep. Tom McKee

Land, Air & Water

then and now

9

With the recent attention given tothe 200th anniversary of theLewis and Clark expedition, it is

a good time to reflect on the changes toKentucky�s natural environment andwildlife habitat during the last two centu-ries.

The historic journey ventured throughKentucky where the pair met along thebanks of the Ohio River. Along with a fewrecruited Kentuckians willing to add anadventure to their pioneering existence,Lewis and Clark set out to map thecontinent�s interior. Throughout the 8,000-mile expedition, they collected manyspecies of animal, mineral and plant life tostudy.

The maps on the adjoining pagedepict the Commonwealth at the time of theLewis and Clark exploration and thesituations that currently exist today. It isevident that impacts to the environmentand habitat have been great over the past200 years.

For example, back then Kentucky washome to approximately 1.9 million acres ofwetlands, 2.5 million acres of prairie and 22million acres of old-growth forest. Withthe development of the interstate highwaymany trees disappeared, and the construc-tion of locks and dams caused manyspecies that used the shallow rocky riverbars as their habitat to decline.

Today, the state has only 650,000acres of wetlands, less than 1,000 acres ofprairie and only 5,000 acres of fragmentedold-growth forest. Wetlands wereabundant at the time of the Lewis and Clarktrip, providing habitat for the now extinctivory-billed woodpecker, once native toKentucky. Fortunately, our wetlands stillprovide a habitat for copperbellywatersnakes, swamp rabbits and manyother species now considered rare.

In Kentucky alone, current statistics

indicate that 109 acres per day are con-verted from natural areas to developmentor pasture.

Unfortunately, the prosperity ofsettlement has changed Kentucky and itcomes with a price to our natural habitatand wildlife. Plants and animals havebecome extremely rare as habitat has beenchanged from forest and prairie to pastureand cities.

We can all assist Kentucky�s wildlifehabitat:

· by removing non-native �pest�plants that invade our natural areas andprevent our native species from thriving.

· by leaving natural habitat as abuffer along streams for birds, butterfliesand other insects.

· by recycling and reusing paper,metal and other materials to reduce impactson forests and waterways.

· by conserving energy and usingfuel-efficient vehicles to reduce our needfor natural resource extraction.

· by learning about endangeredspecies in your county to encourage theirprotection.

· by planting native species at

The nature of KentuckyBy Cecilia MitchellKentucky State Nature PreservesCommission Modern Explorers

You think there are no modern-dayexplorers like Lewis and Clark? Wellthink again!

Today�s field biologists areconsidered by many to be �explorers�who strive to locate remnants ofremaining natural ecosystems and locate species that are vulnerable toextinction. These biologists travel to remote locations to inventory or explorefor rare species and natural communities. Biologists may work in caveslooking for seldom-seen beetles or fly in helicopters trying to locate stands oflarge, old trees. They may explore streams to document the native musselspecies and their losses, or a biologist might net endangered bats at night.Biologists also band birds to document their flight paths and home habitats.

Certainly, biologists are explorers in every sense of the word.

schools, in yards and throughout farmlands to enhance habitat and providesources of food and home sites for wildlife.

Another way to help protectKentucky�s remaining wildlife and naturalhabitats is to buy a nature license plate foryour automobile. The extra $10 for anature plate goes to the Kentucky HeritageLand Conservation Fund, which awardsgrants to state agencies, state and localgovernment and state colleges anduniversities for the purchase and preserva-tion of selected natural areas. (For addi-tional agencies that assist in the preserva-tion of Kentucky�s remaining habitat, go toPage 11 to view their Web sites.)

Kentucky will never return to the lushabundance of many species of plants andanimals that were present when Lewis andClark first visited. However, continuedprotection of the Commonwealth�sremaining natural areas and land develop-ment sensitive to environmental factorscan help ensure that the biologicallydiverse natural heritage may still be aroundfor another 200 years.

Continued on Page 11

Land, Air & Water10

Maps produced by Greg Abernathy, Kentucky State Nature Preserves Commission

Land, Air & Water 11

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The nature of Kentuckythen and now

Continued from Page 9

Several state and federal agencies,along with independent conservationorganizations, work to preserve theremaining habitat for animals andplants that are endangered by land useand other changes in our state. Foradditional information, check out theirWeb sites at:

The Kentucky State NaturePreserves Commission http://www.naturepreserves.ky.gov/, NaturalResources and EnvironmentalProtection Cabinet http://www.environment.ky.gov/, Department ofFish and Wildlife Resources http://www.kyafield.com and U. S. Fish andWildlife Service http://www.fws.gov/

Private organizations like TheKentucky Natural Lands Trust http://www. knlt.org, The Nature Conser-vancy http://nature.org/wherewework/northamerica/states/kentucky/ and a host of local, regionaland national groups also work toprotect our natural areas.

Also check out the SoutheastExotic Pest Plant Council www.se-eppc.org, Kentucky EnvironmentalEducation Council http://www.state.ky.us/agencies/envred/, Ken-tucky Environmental Quality Commis-sion http://www.eqc.ky.gov/, KentuckyNative Plant Society http://www.knps.org/ and Kentucky HeritageLand Consevation Fund Board http://www.heritageland.ky.gov/

each year is used for three consecutive years in determining the final average. If thatthree-year average is .084 ppm or less the area is meeting the standard; if the average is.085 ppm or greater, the area is considered in violation.

Based on the monitoring data from 2001-03, several areas of the state are showingviolations of the 8-hour ozone standard. They include the Louisville area, northernKentucky, and Christian and Boyd counties. The number of areas violating the standardare substantially fewer today than for previous monitoring periods.

�We must develop the best plan possible for each of these areas,� stated JohnLyons, director of the Division for Air Quality. �We must develop plans to bring our localareas back into compliance with the air quality standards for the health of our citizens,while limiting to the extent possible the fiscal impacts on the economy in these areas.�

Coming close on the heels of implementation of the 8-hour ozone standard is thenew PM2.5, or fine particulate standard. Unlike ozone, which only forms during the hot,summer months, fine particulate is a year-round problem. Fine particulate can either beemitted directly or formed from other pollutants being emitted. Diesel particles frommotor vehicles, iron oxides from iron and steel mills and soot from wood burning areemitted directly into the air. However, fine particulates are also formed from sulfur dioxideand nitrogen oxides from power plants and industrial facilities, automobiles and othersources that burn fossil fuels.

Fine particles, like ozone, can present a problem for healthy people, and can seri-ously impact those with existing respiratory or pulmonary illnesses. Associated withhealth impacts are the potential economic impacts from increased hospitalizations,medication increases, and absences from work and school. Fine particles can have animpact at both short- and long-term exposures.

Several areas of the state are anticipated to have air quality not meeting this newparticulate standard (see Kentucky maps on Page 2).

The EPA has not issued any guidance on implementation strategies to date, so it isunclear what the implications of nonattainment may be at this time. However, one thingis for certain�for each area designated as not meeting the standard, plans will have tobe made to bring the area back into compliance, whatever the EPA�s final timetable willbe.

States are required to submit proposed designations under the fine particulatestandard to the EPA by Feb. 15, 2004, with final designations occurring by Dec. 15, 2004.Revisions to the State Implementation Plan to document plans to bring these areas backinto attainment will be due in late 2007 or early 2008.

Community meetings help citizenslearn about new air qualitystandards Continued from Page 2

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The Natural Resources and Environmental Protection Cabinet would like your organization to turnover a new leaf�and then pick up the cigarette butt that�s hiding underneath.

March 21-27 marks the 6th Annual Commonwealth Cleanup Week, an environmental restorationproject for responsible civic, government, business and religious organizations interested in coordinat-ing efforts to clean up roadsides, haul trash out of illegal dumps, and tidy up streams and lakes.

Nonprofit organizations can win money for helping the cabinet clean up Kentucky. Registerthrough your local solid waste coordinator and complete a cleanup project to be entered in a randomdrawing for three prizes, including $1,500, $1,000 and $500. For more information about CommonwealthCleanup Week, contact your solid waste coordinator or visit the Division of Waste ManagementWeb site at www.waste.ky.gov.

Let�s polish Kentucky�s tarnished beauty

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Land, Air & Water12

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On March 21, 2004, high-school students from acrossthe state will convene at the Galt House in Louisville for onepurpose. They will be discussing transportation, growth andthe environment. The 2004 Youth Environmental Summitmarks the second year for the program, and students andtheir teachers are preparing for this youth-driven event.

Last spring, 118 students (representing 12 schools) and50 adults met to discuss issues concerning smart growth.Students studied their own community�s growth patternsand recognized the effects of unplanned growth. They werecharged with the task of planning how they wanted their commu-nities to look.

Among other topics, students studied the effects of visualpollution and abandonment of downtown districts. Theyprepared posters depicting these effects and also made a presen-tation to the summit attendees (fellow students, policy-makersand other interested adults). The summit provided an excellentopportunity for students to meet from around the state anddiscuss issues in their own communities, while gaining perspec-tive on issues concerning other parts of the state.

Jane Eller, director of the Kentucky Environmental EducationCouncil, stated that, �The Youth Environmental Summit is not aplace where students come to listen to adults. Rather, it is anopportunity for students to do research on how their owncommunities plan for growth and then present their findings toadults both at the summit and in their home communities. Theresearch they do to gain this understanding also helps improvetheir academic achievement.�

Boyle County High School teacher and summit attendeeJamie Hester said, �I think that anytime you can allow people ofany age to experience awareness, the rest will follow� the changein perspective, the concern, the activism.� Her students com-mented that they enjoyed the opportunity to present at thesummit and were surprised that their community seemed to beaware of sustainable development.

This year students are continuing their study of growth intheir local communities. They will be focusing their attention ontransportation and its effects on land use, human health, environ-mental quality and historic places. As a way of understandinghow their communities develop, students will be preparing

posters depicting the history of transportation in their areas andwill be presenting a transportation plan for future development toconference attendees. Students will also be forming discussiongroups to better understand the topic and to increase interaction.

In an effort to provide additional learning opportunities,students will attend field trips around the Louisville area to betterunderstand the role of transportation in our lives.

Preparations in place for upcomingYouth Environmental SummitBy Kate ShanksOffice of the Secretary

It�s not too late for teachers or community leaders to get studentsinvolved in this year�s summit. Interested leaders should contact theKentucky Environmental Education Council at (800) 882-5271. Teachersand group leaders will receive free training and curricula materials to helpguide their students throughout their project development. Transportation,lodging and meals are paid for through the Kentucky TransportationCabinet, Geographic Alliance and the YES Planning Committee.

March21-22

Galt House2004Youth

EnvironmentalSummit (YES)

Students from the 2003 Youth Environmental Summitpresented their study of community growth at theGovernor�s Conference on the Environment in October.(See Setting the Stage for Continued Success on Pages 17-18). The presentation gave the students from Boyle CountyHigh School (above) the opportunity to express theirconcerns and opinions about smart growth and the effectsof visual pollution to conference attendees. The studentsshowed pictures of their community and asked conferenceattendees to participate by commenting on the pictures.

This group also spoke with local planning officials afterpresenting at the Youth Environmental Summit (see article atleft). Former Natural Resources and Environmental Protec-tion Cabinet Secretary Henry List stated, �It was a wonder-ful opportunity for policy-makers to hear from the youth ofour state on an important issue. I appreciate their interestand hard work.�

Involving students in the Governor�sConference on the Environment

Land, Air & Water 13

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Last fall, a group ofKentucky architects andschool officials planningnew school constructionvisited three schools in theRaleigh-Durham area ofNorth Carolina to learn abouthigh-performance, energy-efficient design and thefeasibility of applying it totheir construction projects.

High-performanceschools are designed on anintegrated, holistic approach, resulting in buildings that are energy efficient and costeffective. Initial costs are typically the same or only slightly higher than conventionalbuildings because of this integrated design. For instance, properly designed daylightingcan reduce or eliminate the need for electric illumination in a classroom. If lights, whichgenerate heat, are not on as often, cooling equipment can be downsized, resulting inlower initial construction costs.

High-performance schools are also better environments in which to work and learn.At the schools visited, Kentucky school officials, and the architects and engineers theywork with, talked with the people who designed the schools, as well as teachers, adminis-trators and maintenance staff who use the schools on a daily basis. Those fortunateenough to work in high-performance schools agree that these schools provide:

· better student performance;· increased average daily attendance;· increased teacher satisfaction and retention;· reduced operating costs;· reduced liability exposure;· a positive influence on the environment; and· increased opportunities for using the facility itself as a teaching tool.These better learning environments also result in higher test scores. One recent

study found that students in classrooms with good daylighting progressed 20 percentfaster on math tests and 26 percent better on reading tests in one year in comparison tothose with the least amount of daylight.

High-performance schools make sense for Kentucky, where major renovations andnew construction totaled $500 million last year. And with new revenue authority at thelocal level, the same pace can be expected to continue in the next couple of years.

Hancock County Public Schools are looking at daylighting options for a newelementary school, and Kenton County Public Schools recently issued a request forproposals that required design firms to address a host of high-performance features fortwo new schools the district is building.

Soon, school officials will not have to go to North Carolina to tour high-performanceschools. They will be on the ground in Kentucky, and their students andcommunities will be reaping the benefits.

Kentuckians visithigh-performanceschools in NorthCarolinaArticles by Julie SmitherDivision of Energy

The U.S. Green Building Council(USGBC) is the nation�s foremost coalitionof leaders from across the buildingindustry working to promote buildings thatare environmentally responsible, profitableand healthy places to live and work (visitwww.usgbc.org). The Division of Energy isworking with a group of Kentuckyarchitects, engineers, HVAC equipmentsuppliers and others to establish aKentucky Chapter of the USGBC.

The Kentucky chapter will helpachieve the division�s goals by providinginformation to building design profession-als that will help them keep abreast of thelatest developments in designing the bestpossible buildings with the resourcesavailable to them. Since June 2003, theKentucky chapter has been meetingmonthly, with between 30 to 40 peopleparticipating in these meetings.

The USGBC�s LEED (Leadership inEnergy and Environmental Design)program is a Green Building RatingSystem� that is a national standard fordeveloping high-performance, sustainablebuildings. One of the first goals of theKentucky chapter is to organize a LEEDtraining conference in Kentucky.

To join the Kentucky chapter or formore information contact Gregory.Guess@ky.gov at the Division of Energy orphone (800) 282-0868.Ì

Green BuildingCouncil in Kentucky

Natural daylight streams into a gymnasium(left) and media center (above), creating well-lit spaces that appeal to both students andfaculty of these North Carolina schools.Division of Energy photos

Land, Air & Water14

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Located in the Back Creek watershedof Bell County, Ky., the Pruden�Fondereclamation project was once a 50-acrecomplex of abandoned coal refuse piles,slurry ponds, mine seeps and landslides.In the 1940s and 1950s coal mine refuseand slurry were dumped in the watershedfrom deep mine operations. The originalcreek channel was diverted and filled withthe pyrite-rich refuse that towered morethan 40 feet above the diverted streamchannel, discharging a massive sedimentand acid load into the receiving stream.Consequently, landslides developed fromcontour strip mining and augering of bothsides of the watershed.

The unstable refuse piles and embank-ments attracted motorcycle and all-terrainvehicle enthusiasts, and open dumpingbecame prevalent at several sites in theproject area. These hazards, as well asincreased flooding caused by the refuseeroding directly into the stream, promptedthe Kentucky Division of AbandonedMine Lands (AML) to design a reclama-tion plan and bid a construction contractto abate the environmental and safetyhazards on the site.

Jackson & Jackson ReclamationServices Inc. of Fall Rock, Ky., received the

contract in May 2001 to begin working onthe project, which included grading 30acres of refuse to a stable configuration.

To begin the project, the refuse next tothe stream was graded to a more stableslope. Ten acres of slurry ponds werefilled and graded to provide positivedrainage, and an agricultural limestonebarrier was placed on top of the gradedrefuse. In addition, soil material wasexcavated from a 10-acre landslide area andplaced on top of the graded refuse andlimestone barrier, which provided a mediumfor vegetative growth.

Diversion ditches were also installedon the slopes of the graded refuse. Thediversions were lined with a layer oflimestone sand, topped with limestone rip-rap. In addition to providing erosioncontrol the limestone channels increasethe alkalinity of the water, buffering theacid mine drainage seeping from therefuse.

Back Creek was stabilized along the2,200 feet of its length that passed throughthe mine refuse area. Boulders andcobbles were placed in the stream alongwith meanders, pools and riffles. The cutbanks of meanders were armored withboulders and the unarmored inside bends,or point bars, were revegetated with

woody riparian species.Live willow and riverbirch stakes wereinserted into the groundin the riparian zone.

All disturbedareas were limed,fertilized, seeded andmulched. The trash thatwas encountered on the

Positive results keep adding upafter reclamation project endsBy Mark MeadeDepartment for Surface Mining Reclamation and Enforcement

site was hauled to an approved landfill.The project, completed in March 2002,

totalled $838,573, well below the engineer�sestimate of $1,195,713.

The Appalachian Clean StreamInitiative (AML funds) provided partialfunding for construction of the project inthe amount of $528,976.

The reduction of sediment and acidloading in the watershed as a result of thePruden�Fonde refuse reclamation projecthas reduced flooding and stresses onaquatic life in area streams and has turneda once barren landscape into a productivevegetated site.

A portion of the amount expended onthis project is being used as state sharematch money for a federally fundedEnvironmental Protection Agency 319grant project abating acid mine drainage inanother watershed, further extending thepositive results of this project.

To learn more about the KentuckyAbandoned Mine Lands program go tohttp://www.surfacemining.ky.gov/aml/To view an online slide show of the projectgo to http://www.surfacemining.ky.gov/aml/projects/pruden_fonde.htm

ABOVE: A waterfall is nestled between coal refuse piles that are totallydevoid of plant life. All-terrain vehicle and motorcycle riders found thesesteep slopes a sporting challenge.LEFT: Division of Abandoned Mine Land personnel take in the re-claimed site that is now home to lush vegetation and compare it to aphoto from prereclamation conditions. AML photos

Land, Air & Water 15

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Studies have demonstrated thatozone pollution, hazardous air pollutantsand fine particles in the air have signifi-cant potential to harm children withasthma. It is anticipated that eightcounties in Kentucky will be designatednonattainment for the new more protective8-hour ozone and fine particle (PM 2.5)standards (see Community meetings helpcitizens learn about new air qualitystandards on Page 2).

Secondhand smoke is anothercontributing factor to asthma in children.Kentucky has one of the highest smokingrates in the nation at 30.5 percent, accord-ing to Dr. Rice Leach, commissioner of theKentucky Department for Public Health.

Kentucky�s children face a number ofother environmental hazards, such asexposure to mercury and PCBs. Urbansprawl-related issues like traffic conges-tion, brownfields and lack of greenspacecan also contribute to the growingchildhood health problems of obesity andType II diabetes.

An indepth report on children�senvironmental health can be reviewed byvisiting the EQC Web site atwww.eqc.ky.gov.

The Air Quality Small BusinessAdvisory Panel has announced its appointments for 2004. The program was designed bythe state Division for Air Quality to comply with the federal Clean Air Act Amendmentsof 1990. The amendments include provisions that direct each state to establish anassistance program providing small businesses with information about regulatoryrequirements under the act. The panel has been meeting quarterly since March 1995, andits members assist with program review and outreach.

Former Gov. Paul Patton announced the following appointments: Rep. Ruth AnnPalumbo, Lexington; Rep. Jimmy Higdon, Lebanon; and Steve Dale, Economic Develop-ment Cabinet. Reappointed were Diana Andrews, Natural Resources and EnvironmentalProtection Cabinet; Jon Trout, Louisville Metro Air Pollution Control District; Stephen D.Merrick, Somerset Wood Products; and Jean G. Watts, Lexington Community College.New members were sworn in and received orientation conducted by the Department forEnvironmental Protection in October. Tracy Lyn Knowles, Lexington Community College,was also appointed and will be sworn in and receive orientation in January.

New officers for the panel include current panel member Donnie Snow, president ofAll-Rite Ready Mix Concrete from Florence and Wilder, Ky., elected chair, and Jon Trout,a charter member of the panel, elected vice chair. Snow received a small business airquality stewardship award in 2000 and represents small businesses that are subject to theair quality regulatory program. Trout has served as chair and vice chair for several termsand is a leader in developing panel bylaws and the committee system.

The panel will be holding its quarterly meetings on Jan. 26, April 26, July 26 and Oct.12 this year. The first three meetings will begin at 1:30 p.m. at the Division for Air Quality,803 Schenkel Lane, Frankfort, Ky. The location and time of the October meeting will beannounced at a later date. Agendas are available in advance by calling (800) 926-8111 or(502) 564-2150.

By Rose Marie WilmothDepartment for Environmental Protection

Patton appointspanel membersfor 2004

Childrens� healthare Kentucky�s kids at risk?

Continued from Page 5

Long-term stewardship and accompa-nying costs are the responsibility of theeasement holder, which is usually a publicagency. Therefore, careful planning andadequate staffing for state agencyprograms are a must. A regularly sched-uled monitoring program (using aerial orground checks) is important to preventeasement violations. Sound legal drafting,clear baseline documentation, organizedrecord keeping, consistent monitoring anddiligent enforcement efforts are all part ofensuring the future integrity of conserva-tion easements.

For information about preserving your

Heritage Land Conservation Fund, PACE (Purchase of Agricultural Conserva-tion Easements) program, Kentucky State Nature Preserves Commission, KentuckyRiver Authority, The Bluegrass Conservancy, The Nature Conservancy, KentuckyHeritage Council, Pine Mountain Trail and other projects of the Department of Parks,federal farm conservation programs such as CREP (Conservation Reserve Enhance-ment Plan) and CRP (Conservation Reserve Program), Kentucky Natural LandsTrust, Forest Legacy Program and Riverfields.

Programs involving restrictions from further development on farmland (agricul-tural easements) differ from programs prohibiting all development for scenic, historicand natural area protection purposes.

Conservation easements�win-win for landowners and conservationists

Continued from Page 1Kentucky agencies administering programs

that utilize conservation easements:

lands through conservation easements,visit the Web site of the Land Trust

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Alliance Organization at www.lta.org/conserve

Land, Air & Water16

High-performance homes save energyand money, have healthier indoor airquality and increased marketability.

The Kentucky Division of Energysponsored 11 one-day workshops,conducted by nationally recognizedSouthface Energy Institute, on buildinghigh-performance homes. The workshopswere attended by Kentuckyarchitects, builders,building code officials,engineers and others andfocused on the practicalaspects of energy-efficientconstruction, such ascontrolling air filtration andpreventing moistureproblems with an energy-efficient thermal envelope.

Diagnostic testing ofnew and existing homeswas explained. This is aprocedure that not onlymodels how energy is used

A petition filed in the Franklin Circuit Court on behalf of fourcitizens appeals two agreed orders signed in October 2003 by theNatural Resources and Environmental Protection Cabinet (NREPC)and the U.S. Department of Energy (DOE) that resolves hazardouswaste violations at the plant.

The two agreements were negotiated following the signing of aLetter of Intent (LOI) between the NREPC and the DOE in August.

The petition was filed on behalf of Al and Vivian Puckett, RonLamb, all of Kevil, Ky., and Mark Donham, of Brookport, Ill.

The petition challenges the agreed orders that resolved outstand-ing compliance issues at the plant. The orders called for the DOE topay a $1 million penalty for notices of violations issued by the statefor hazardous waste infractions. The DOE will also spend $200,000 forenvironmental improvement projects near the plant.

The petition seeks to have the court vacate the orders enteredinto by the cabinet based, in part, on allegations that the orders areinconsistent with applicable law.

By Julie SmitherDivision of Energy

Workshops promoteenergy-efficient homeconstruction

in a home based onits size and variousconstructionelements, but alsouses a �blower door�to pressurize a houseand get an accurateindication of howleaky or tight thehouse is. Partici-pants also learnedhow to use a free,

easy-to-use Internet software that models ahome�s energy efficiency.

The workshops acquainted builderswith the current requirements of Kentucky�sbuilding energy codes. It showed them notonly how to meet the code, but also thecost-effective strategies to exceed it. Ahouse that is 30 percent more energyefficient than one that meets code is eligibleto be designated an ENERGY STAR home.For more information visit the �New Homes�link at www.energystar.gov

Installing insula-tion, such as foam

board around crawlspaces, will signifi-

cantly reduce energyconsumption in

a home.

A �blower door� test provides an accurate indication of how much heator cooled air is escaping around doors and windows. Division of Energyphotos

Citizens file appeal of agreed ordersBy Mark YorkOffice of the Secretary

Excavation work is being performed on the north-south diversionditch on the Paducah Gaseous Diffusion Plant property. Comple-tion of the major cleanup is expected to take until 2019.Photo by Gaye Brewer, Division of Waste Management

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Land, Air & Water 17

Setting the Stage for Continued Success

Governor�s Conference on the Environment meets to discuss ongoing programsbenefitting the people of the Commonwealth

By Cindy Schafer, Office of the SecretaryPhotography provided by Creative Services

In October, the Governor�s Conferenceon the Environment convened for thefirst time in two years. During the

conference�s hiatus, the Natural Resourcesand Environmental Protection Cabinet(NREPC) worked hard to perfect many ofits programs that help protect the state�sland, air and water resources.

ABOVE: Opening remarks were provided by former Gov. Paul Patton, flanked by NaturalResources and Environmental Protection Cabinet executive staff, during the awards banquet.

The theme of this year�s conference�Setting the Stage for Continued Success�was chosen to recognize the progress ofcabinet initiatives, the ongoing work of itsemployees and to discuss future chal-lenges facing Kentucky�s environment.

The two-day event began with anupdate on cabinet initiatives, such as minemapping and watershed management.

The Kentucky Mine MappingInformation System, begun after theMartin County coal slurry spill in 2001, isan example of what cooperating stateagencies, using modern GeographicSystems, can do to provide valuableinformation to businesses and citizens of

Kentucky. The mine mapping Web sitecurrently contains downloadable mapslinked to map polygons of documentedmined areas in Kentucky that were activeduring 2002. It also offers mapping ofabandoned and active mines in Kentucky�seast and west coalfields.

The watershed management frame-work, something that was just an experi-ment five years ago, has now become apermanent reality within the cabinet�sDivision of Water. Monitoring through thewatershed process, the pooling of agencyresources and targeting have proven agreat success. The challenge is theimplementation of solutions for streamprotection and restoration. The process ofpooling resources at the state level andworking through watershed interestgroups still provides a model to achievechange at the local level.

Environmental education was alsoamong the hot topics. The KentuckyEnvironmental Education Council�s Jane

Eller discussed the upcoming certificationprogram for nonformal environmentaleducators and the endorsement in environ-mental education for formal educators.

Karen Deaton, Eastern KentuckyPRIDE, explained how the PRIDE programhas been instrumental in providing fundsand sponsoring environmental educationprojects like the �Clean Streams Program.�

Due to the seriousness of wildlandfires in the eastern and southeastern partof the state, Jennifer Turner with thecabinet�s Division of Forestry, talked aboutthe Firewise program and stressed theimportance of empowering Kentuckians tobe more knowledgeable about protectingtheir homes and other structures fromwildland fires.

The 2003 conference successfullybrought together a diverse assemblywhose goals were to make a difference inthe lives of Kentuckians. Attendees felt itwas one of the most productiveconferences in recent years. Ì

Land, Air & Water18

Outstanding employees recognized

Each year the Natural Resources and EnvironmentalProtection Cabinet recognizes its most valued employeesfor outstanding performance and dedicated service.Seventeen were honored during an awards ceremony at theconference and presented with a plaque. For completedetails of each employee�s accomplishments visit http://www.environment.ky.gov/homepage_repository/outstanding+employees.htm

FRONT ROW (left to right): Eddie Riddle Jr., TimothySullivan, Sara Evans, Samuel Lofton, Rhonda Parsons and RichardWahrer.

SECOND ROW (left to right): Mark Davis, DianaAndrews, Chip Hovey and John Barnes.

THIRD ROW (left to right): Jeffrey Taylor, DionneFields, Demetrio Zourarakis, Rita Hockensmith and James Funk.

Karen Deskins and Ronald Cicerello were not present.

Environmental Excellence Awards

Nineteen environmentally consciousbusinesses, organizations and individualswere presented with EnvironmentalExcellence Awards during the Governor�sConference on the Environment.

These awards are given for outstand-ing efforts to protect, manage andpreserve Kentucky�s natural resources.Award winners from 2002 and 2003 werehonored for their dedication in developingenergy- and water-efficient buildings;reducing air emissions during manufactur-ing processes; and educating communityleaders and teachers by coordinatingenvironmental education events.

Soil Conservation�Greg and JoanRitter; Warren County ConservationDistrict.

Energy Conservation�WesternKentucky University and Berea College.

Heritage Land Conservation�Mark S. Brown and Daniel BooneNational Forest.

Leadership in Pollution Preven-tion�Commonwealth Aluminum.

Forestry�Forestry Best Manage-ment Practices Board.

Environmental Education�MaryKathryn Dickerson, Eastern KentuckyPower Cooperative and Donna Williams.

Industrial Environmental Leader-ship�General Motors Corp., CorvetteAssembly Plant and Outer Loop Recyclingand Disposal Facility Bioreactor Landfill.

Mining Reclamation-eastern Ken-tucky�Jamieson Construction andChisolm Coal Co.

Mining Reclamation-western Ken-tucky�Kentucky United Coal LLC andCharolais Coal No. 1 LLC.

Community Environmental Leader-ship�Thoroughbred Resource Conserva-tion and Development Council.

Drinking Water Supply Protection�Georgetown Municipal Water and SewerService.

For complete details of each award winners� achievements visit http://www.environment.ky.gov/homepage_repository/2003+and+2002+EEA+winners.htm

RIGHT: FormerCabinet SecretaryHenry List (far right)presented the Indus-trial EnvironmentalLeadership award toOuter Loop Recyclingand Disposal Facilityrepresentatives.BELOW: DonnaWilliams accepts theEnvironmentalEducation Awardfrom Secretary List.

Land, Air & Water 19

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Awards

The Kentucky Environmental QualityCommission (EQC) was recently presentedwith the 2003 Kentucky WaterwaysAlliance (KWA) Spirit of the River awardfor its long dedication to protecting all ofKentucky�s waterways, and educatingpublic policy-makers and the generalpublic on water resources and threats.

In presenting the award, KWAPresident Mary Katherine Dickerson notedthat the Kentucky Waterways Alliance wasformed 10 years ago in response to a needfor a statewide water group who wouldhelp local water groups across the state.

A series of meetings across the state,

sponsored by the EQC, documented thisneed and led to the formation of KWA.

KWA is composed of individual, localand regional groups from across theCommonwealth dedicated to strengthen-ing community and governmental steward-ship for the restoration and preservationof Kentucky�s water resources. �In this,KWA�s 10th year, it is fitting that we honorour roots, the EQC, as a long-term andeffective voice for clean water in Ken-tucky,� said Dickerson.

For more information about EQCactivities visit its Web site atwww.eqc.ky.gov.

EQC receives Spirit of the River awardBy Leslie ColeEnvironmental Quality Commission

EQC Commissioner Patty Wallace (left) accepts the �Spirit of the River� award from KentuckyWaterways Alliance President Mary Katherine Dickerson. Photo by KWA

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Each year, the Air Quality SmallBusiness Advisory Panel recognizesKentucky small businesses that have gonebeyond regulatory requirements to reducethe impacts of their operations on thestate�s air quality. Since the awardprogram�s inception in 1997, the panellooks for companies that foster an ethic ofair quality stewardship when reviewingnominations.

During the October recognitionceremony, Natural Resources and Environ-mental Protection Cabinet Deputy Secre-tary Mark York honored two small busi-nesses with Small Business Air QualityStewardship Awards at the Berry HillMansion in Frankfort, Ky.

The 2003 winners are:Kentucky Ready Mix Concrete

Association (KRMCA)�KRMCA repre-sents the concrete industry in Kentuckyand has approximately 200 members. The

association received an award forcommunity leadership for utilizing theservices of the Small Business Assis-tance Program to educate its membersabout air quality compliance. Variouscompanies have been nominated forawards by the association and identifiedas candidates to serve on the panel.Brian Harper, environmental manager ofPearce Ready Mix Concrete Companies,accepted the award on behalf ofKRMCA. Harper commented on how

Two central Kentuckybusinesses receive awardsBy Rose Marie WilmothDepartment for Environmental Protection

helpful the Division for Air Quality hasbeen as a service organization to theconcrete industry.

Visual Image Systems�VisualImage Systems of Louisville is a family-owned printing company. Visual ImageSystems received an award for pollutionprevention for investing in a printingsystem that has low emissions, eliminat-ing the need for venting to theatmosphere.

Brian Harper (center) acceptedthe 2003 Small Business Air

Quality Stewardship Award onbehalf of the Kentucky Ready

Mix Concrete Associationfrom Deputy Secretary MarkYork (right). Jon Trout, Air

Quality Small BusinessAdvisory Panel vice chair (left)

was there to congratulateHarper. Photo provided by

Creative Services

Land, Air & Water20

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Awards

No longer can FFA members beperceived as just being involved inagricultural activities. Today these blue-jacketed youths also learn about numerousenvironmental issues. In October, 140students from across the United Statescame to the Kentucky Fair and ExpositionCenter in Louisville and to Publisher�sPress near Lebanon Junction to participatein activities hosted by the Environmental/Natural Resources Career DevelopmentEvent. It is one of 23 different nationalevents that use the fun of competition toconnect classroom learning to futurecareers.

Some of the competitions involvedenvironmental issues interviews, pressrelease writing, environmental/naturalresource problem solving, soil nutrienttesting and recommending fertilizer needs,water quality analysis, global positioningsystem (GPS) location exercises andenvironmental analysis.

The Adair County FFA Team repre-sented Kentucky in these activities and

received a Silver Emblem Award for its teamefforts. Team members Chad Wheet(silver); Jared Conover (bronze); CarlaDrake (bronze) and Josh Karnes (bronze)also received individual recognition.

The top 11 individuals and thenational winning team members receivedscholarships to further their education at apost-secondary institution of their choice.The team from Junction City, Ore., receivedfirst place in the National FFA Environmen-tal/Natural Resources Career DevelopmentEvent.

Sponsors included Michelin Ag. Tiresof Greenville, S.C., Ford Division ofDearborn, Mich., and the National FFA

Competition develops skillsin environmental situationsBy Martin BessDivision of Conservation

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Foundation of Indianapolis, Ind. TheKentucky Association of ConservationDistricts, along with local, state andfederal agencies hosted the event.

FFA is a national youth organizationof 464,267 student members preparing forleadership and careers in the science,business and technology of agriculture,with 7,194 local chapters in all 50 states,Puerto Rico and the U.S. Virgin Islands.FFA strives to make a positive differencein the lives of students by developingtheir potential for premier leadership,personal growth and career successthrough agricultural education. Visitwww.ffa.org for more information.

Students test the level ofpotassium and phospho-

rus in soil samples. Theywill use this information,

along with tips from anextension service crop

sheet, to suggest fertilizersneeded to grow corn.

Division of Conservationphoto

28 cabinet employees receive awards In November, 25 Natural Resources and Environmental ProtectionCabinet (NREPC) employees received their Certificate of ManagementFundamentals from the Governmental Services Center. The CertifiedPublic Manager program provides management training to individualsseeking to further their education and improve their job performance. Those recognized were (at left) Cathleen Adams, Donna Conway,Carl Hays, Gwen Holt, Tina Howard, David Jackson, SreenivasKesaraju, Jimmy Luttrell, Margaret Morrison and Russell Sharp (alongwith NREPC Deputy Secretary Mark York who presented the awards).Not photographed were Ottis Bishop, Christine Brand, John Castanis,Justin Dearinger, Ramendra Dutta, Stephen Kellerman, Mark,Kennedy, Lola Lyle, Glenna Mays, Kerry McDaniel, RobbieMcGuffey, Gerald Morford, Rick Shewekah, Angela Wash and AlbertWesterman. Three additional cabinet employees became Certified PublicManager graduates: Sandra Kelley-O�Daniel, Melissa Highfield

Smith and Gleason Wheatley.Photo by Creative Services

Natural Resources and Environmental Protection CabinetOffice of the Secretary5th Floor, Capital Plaza TowerFrankfort, KY 40601

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The Kentucky State Nature Preserves Commission(KSNPC) has published A Guide to the Freshwater Mussels ofKentucky, the state�s only complete reference to this diverseand highly imperiled group.

Designed for anyone interested in aquatic organisms, this62-page, 8 1/2 x 11 inch guide provides information on each ofthe 104 mussel species documented from Kentucky.

Introductory text and figures briefly describe musselbiology, anatomy, life history, importance and conservation,and provide guidance on making field observations. Accounts for each species include a color image, shelldescription, habitat, distribution, similar species and conserva-tion status. Lists of references and additional literature on Kentuckymussels are included. To order A Guide to the Freshwater Mussels of Kentuckycontact the KSNPC at 801 Schenkel Lane, Frankfort, KY 40601or call (502) 573-2886. The cost of the guide is $6 per copy.

Valuable reference guide now availablethrough the KSNPCBy Ronald C. CicerelloKentucky State Nature Preserves Commission

Graphic provided by KSNPC