NSTAR Herbicide Spraying
along Rights of Way -- defoliating with toxic persistent chemicals is legal. 15 Cape Towns have signed a No Spray Resolution and sent to NSTAR and the Mass DAR.

updates at saynay.html   |   

updates on the GC BLOG

What's the Goal? A no-spray, pesticide-free, non-toxic vegetation management plan for all of Cape Cod

NSTAR must return to its previous method of defoliation by machine and hand cutting rather than spraying herbicides along its transmission line easements to protect Cape Cod's water supply, its citizens and visitors and to be truly as green as it claims.

Why?

• for our water protection -- sandy, porous, dry soil can cause toxic chemicals to leach through to our sole source aquifer.

An EPA designated sole source aquifer means there are no alternative drinking water sources that could physically, legally, and economically supply all of those who depend upon the aquifer for drinking water. Our only water source is the groundwater beneath our feet.

Despite state and local regulations which require no chemicals within 100 feet from wells, NSTAR intends to spray up to 50 feet from wells. Download/view MDAR Sensitive Area Table

• danger of wind drift of chemicals -- Cape Cod is a windy place!

How Pesticides Drift--interactive slides from the Associated Press Label directions on the pesticides vary, but in general, optimal wind conditions are between 3 and 10 MPH.

View/download wind charts in pdf

• Barnstable March-November 2009
• Barnstable March-June 2010
• Falmouth March-November 2009
• Falmouth March-June 2010
• weather guidelines from latest NSTAR YOP and VMP
• wind warnings on labels of herbicides to be used

• use of old science -- dated pesticide studies. MDAR relies on EPA for data.

EPA's New Pesticide Testing Is Outdated. In its search for endocrine-disrupting chemicals, the agency should turn to new scientists, says an advocate. Read the entire April 2009 article in Scientific American magazine.: http://www.scientificamerican.com/article.cfm?id=epas-new-pesticide-testing-outdated
The author is Theo Colborn, who is one of the authors of Stolen Future, published in 1996. Here is an excerpt:
³The U.S. Environmental Protection Agency is ready to start testing 67 pesticide ingredients for their possible endocrine disruption effects. But the testing program the agency plans to use is only a pitiful skeleton of what it needs to be. This battery of tests, first recommended in 1998, is outdated, insensitive, crude, and narrowly limitedŠ Since the early 1990s, independent scientists in academic laboratories around the world have published hundreds of articles demonstrating how a broad selection of chemicals can interfere with the normal development of a baby at extremely low levels of exposure ­ in fact, levels similar to those experienced every day by people worldwide. These studies were done with the knowledge that the embryo and fetus develop under the control of hormones at parts per billion and parts trillion, and that as the baby matures hormone concentrations are regulated by sensitive, thermostat-like, feedback control systems in the brain. These pioneering scientists discovered effects for some widely used chemicals at concentrations thousands of times less than government ³safe² levels of exposure derived through traditional toxicological tests. But their publications announcing damage in other components of the endocrine system, such as the pancreas, adrenal glands, bone, and mammary tissue, got no farther than headlines in newspapers. They had no effect on policy. While this wealth of knowledge was piling up, EPA, held back by institutional inertia, continued to attempt to validate a handful of single-focus assays to detect only a very small component of endocrine disruption. There was no connection between the assumptions of the toxicologists and those of the endocrinologists, developmental biologists, and the multi-disciplinarians doing the research needed to detect endocrine disruptors. This same disconnection was being played out in Europe where governments also continued to use outdated toxicological dogma.²

Recent Events:

February 10, 2011. Cape Cod Times publishes an opinion piece by Dr. Kristine Soly "Chemicals are Stealing Childhood." Excerpt: "...If you agree to let NStar, or anyone else, spray hormone-mimicking chemicals into our environment (because cutting the foliage down takes too much time?), this is what you're signing on for. Not only will it poison the water and soil we all must use, but it will so significantly affect the health and well-being of our children that they will no longer be children, and the results will be irreversible. I think this is a terrible tragedy. To prevent it requires that we exercise the precautionary principle of not using a substance till it is proved safe, rather than using something till it is proved dangerous. Will this be an inconvenience for NStar? Apparently. Will it cost more not to spray these chemicals? Perhaps. Do our children's lives and health matter enough to restrain NStar from spraying? I guess we'll see!..."
Read the entire article on the GreenCAPE blog.

February 9, 2011. Editorial in Harwich Oracle calls Ad-Hoc committee "A Disappointment" "...It's a case of a powerful utility potentially enabling poisons to infiltrate drinking wells and watersheds so it can save a few bucks on hand-cutting."

February 8, 2011 -- Former committee members issue a press release: Citizen Stakeholders Quit Pesticide Committee, They charge that the process will not protect public health. Read the entire press release on the GreenCAPE blog.

February 8, 2011 -- Ad-Hoc Committee on Risk Analysis Vegetation Managment releases final report: Nstar is acting within the law. Well, we already knew that the MDAR and EPA loved Roundup! It's the health questions that are the issue, and there were no health professionals on the committee. Read the report and other information at barnstablecounty.org and follow the links.

February 7, 2011 -- Sue Phelan of GreenCAPE resigns from the Ad-Hoc Committee in Protest.... "It was my intention, upon accepting your invitation to a seat at this table, to enjoin the discussion in a good faith effort to review the known and unknown about herbicide use throughout Cape Cod. The vast majority of time was allotted to NSTAR and state pesticide regulators which, in the end, amounted to a review of regulations and modeling based on soils not characteristic of most of the Cape. This is not the risk analysis the committee was tasked with. The discussion related to human health impacts of herbicides was nonexistent -despite having provided the members a plethora of evidence from current peer-reviewed journals and letters from physicians and researchers. The superficial nature of the proceedings was disappointing at best and procedural flaws and voting irregularities too numerous to mention... " Other members of the committee also resigned in protest. Read the entire letter to Chair Shelia Lyons on the GreenCAPE blog at the end of the group statement. greencape.org/wordpress/?p=229

May 4, 2010 -- Cape Cod Commission and NSTAR agree to postpone herbicide spraying until Dec. 31, 2010 and notify the MDAR.
    • Download the press release
    • Download the Memorandum of Understanding to Commissioner Soares

Cape Cod Times Editorial: Delay the Spray ..." NStar, however, seems bent on going ahead with spraying, perhaps as early as June. This does not seem, in our view, the action of a good corporate neighbor...." 4/6/2010 http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20100406/OPINION/4060311/-1/opinion

Entire Cape Cod Legislative Delegation Requests a 12 month Moratorium. ³What we as the delegation are asking for, and what I think is a very reasonable request, is that if there are other alternatives to spraying, we need to explore them, and we need to give the people exploring those options enough time.² - Senator O¹Leary

http://www.capecodtoday.com/blogs/index.php/2010/03/27/o-leary-requests-one-year-hold-on-nstar?blog=53

LIsten to WOMR "Organic Thinking" Radio Show 2/24/2010 http://www.publicbroadcasting.net/womr/.jukebox?action=viewMedia&mediaId=888033 (click on listen, then after broadcast downloads, click on play icon)

The Tiresome Mixed Messages

We (citizens, tourists, businesses, town officials and legislators) sent messages to MDAR Commissioner Scott Soares, Governor Patrick and Ian A. Bowles,Secretary of Energy and Environmental Affairs asking for an extension of the current moratorium so that the necessity for spraying could be studied. On May 4th, before the end of the comment period, the Cape Cod Commission announced a deal with NSTAR to provide MAPS of sensitive areas, including wells, which NSTAR did not have, or use, during previous spraying that was done in 2003-4. Not the same thing, obviously.

Contacts

(The Dept. of Agricultural Resources AND The Department of Public Utilities AND The Department of Environmental Protection are ALL part of the Office of the Secretary of Energy and Environmental Affairs (see organization chart), Ian A. Bowles, Secretary.

Commissioner Scott Soares, Massachusetts Department of Agricultural Resources 251 Causeway Street, Suite 500 Boston, MA 02114-2151 phone: (617) 626-1701 Scott.Soares@state.ma.us

Governor Patrick's Office: Phone: 617.725.4005; 1-888.870.7770 (in state) Fax: (617) 727.9725 TTY:( 617) 727.3666

State Senator Dan Wolfe Telephone:(617) 722-1570, (508) 775-0162. E-Mail: Daniel.Wolf@masenate.gov

Sarah Peake Telephone: (617) 722-2210, (508) 487-5694 Fax :(617) 722-2239 E-Mail: sarah.peake@MAhouse.gov

Demetrius Atasalis Telephone: 617-722-2810 Facsimile: 617-722-2846 E-Mail: Demetrius.Atsalis@mahouse.gov

Cleon Turner Telephone: 617-722-2090 Facsimile: 617-626-0542 E-Mail: Cleon.Turner@mahouse.gov

Senate Pres. Therese Murray Telephone: (617) 722-1500 Tel: (508) 746-9332 FAX: (617) 248-3840 Tel: (508) 746-4910 Email: Therese.Murray@masenate.gov

Timothy Madden State Rep for Falmouth precincts 1, 2, 5, 6 (617) 722 2810 timothy.madden@mahouse.gov

Senator Scott Brown 617-565-3170 comments@scottbrown.senate.gov

Senator John F. Kerry 617-565-8519 http://kerry.senate.gov/contact/email.cfm

Dennis Galvam, Director of NSTAR Community Relations. Telephone: 781-441-8000. Email: dennis.galvam@nstar.com

GreenCAPE P.O. Box 631, West Barnstable, MA 02668

Concerned Citizens Against Herbicide Use on Cape Cod www.facebook.com/group.php?gid=109138248696
Email:jaredatthecape@yahoo.com www.JaredCollins.com    text/call 508.246.5791
a petition: tinyurl.com/ForThoseConcerned

~~

Fact Sheets
Two factsheets to download, read, take action, and pass along: the long and the short of the NSTAR Plan to Herbicide Cape Cod. The short version can serve as a flyer (2 sides). The long version includes additional material and references.

Download NSTAR Sustainable Right of Way factsheet (long version).

Download NSTAR Spraying factsheet/flyer (short version)

Petition by Concerned Citizens Against Herbicide Use on Cape Cod Send petitions to Greencape, P.O. Box 631, West Barnstable, MA 02668. Contact Jared at jaredatthecape@yahoo.com for more information.

Some Historical Background

NSTAR use of pesticide discussion on Facebook
www.facebook.com/topic.php?uid=141240279315&topic=13483

8/19/09 Concerned Citizens Against Herbicide Use on Cape Cod www.facebook.com/group.php?gid=109138248696

8/17/09 NSTAR will begin mechanical vegetation removal today.
Garlon 4 (added to list of pesicides to be used. It was not mentioned at the meeting.

8/14/09 update. Sen O'Leary, Rep. Peake and Turner ask for a 30 day delay.

Spring, 2009. NSTAR announces vegetation management spraying along right of way electrical electrical transmission towers on the outer Cape:

Over 100 people attended a forum on Wednesday, August 12, 2009 at Nauset Regional High School auditorium, scheduled for 90 minutes. There were 4 representatives from Nstar; 3 from the Mass. Dept. of Agricultural Resources, including Commissioner Scott Soares; Senator Rob O'Leary, Rep. Sarah Peake, Rep. Cleon Turner; moderator Patrick Cassidy of the Cape Cod Times, and one microphone on the podium. The lack of microphones was keenly felt by all, and this humble summary is far from complete.

The meeting began with slide presentations by Nstar and MDAR, empasizing that many Federal and state regulations must be met in order to do IVM (integrated vegetation managment) which includes chemical, mechanical, and natural methods. 10 feet on either side of the electrical poles must be clear for access to be sure that towers will not come down due to trees which can reach 60 feet high. An Eastham selectwoman read a strongly worded statement against the spraying.

Though the Nstar presenter mentioned Roundup, also mentioned were Arsenal, KreniteS, Accord and Escort.

Some of the points brought up by the audience:
1. Unlike most other regions of Massachusetts, here on the Cape we have a sole-source aquifer (WE LIVE OVER OUR ONLY WATER SOURCE, with sandy, porous soil above it.)
2. The problem of pesticide drift in our ever present wind includes damage to people and honeybees.
3. Could the MDAR model the damage without making the top soil layer so thick. This is not the actual conditions near the electrical towers.
4. We have been told in the past that pesticides were safe--ie, DDT, dioxin, Agent Orange.

In general, the audience was asking Nstar to look at other creative ways to handle the vegetation problem. Not all questions were answered and the audience was invited to stay and ask questions privately. An Nstar representative told one questioner that the spraying was already scheduled for this coming Monday, August 17.

As a result on August 13th, Sen. O'Leary, Rep. Peake and Rep. Turner asked Nstar for a 30 day delay. Read the press release from Sen. O'Leary's office (opens in pdf format). This request has no legal standing--it must come from the town of Eastham or another public entity.

http://www.mass.gov/agr/pesticides/rightofway/Sensitive_Area_Materials.htm (note the supplemental labeling for Roundup PRO by Monsanto)

~

Download/view GreenCAPE letter to Eastham officials June 16, 2009
Download/view GreenCAPE letter to Rep. Peake and Sen. O'Leary Aug 8, 2009

Updates at the SAY NAY campaign, Cape Cod for a Truly Green NSTAR

Why is NSTAR spraying herbicides suspected to be Endorine Disrupting compounds over our water supply? Find out more about endorine disruptors at www.youtube.com/user/endocrinedisruptor#g/u

Study the Facts first, then take action!

Clean Water Action is hosting a new petition to stop NSTAR's proposed herbicide spraying along their utility rights of way in 13 Cape towns. Cape natives, washashores, vacationers and anyone who expects to drink the water and breathe the air here is welcome to sign. We need to show that an overwheleming number of people are concerned.
salsa.democracyinaction.org/o/2155/p/dia/action/public/?action_KEY=3813

• NSTAR Vegetation Management Plan-- a 98 page document,
  5 year plan from 2008-2012 and the NSTAR Yearly Operational Plan for 2010 are both downloadable in PDF from the MDAR website:
  • http://www.mass.gov/agr/pesticides/rightofway/plans.htm
    
• NSTAR Integrated Vegetation Management Right-of-Way Program Overview, 7/28/09 powerpoint program in pdf.
  
  
• Mass. Dept of Agricultural Resources Homepage
  www.mass.gov/agr
  
  • MDAR Regulations homepage
       Download --Standards for the Implementation of Integrated Pest Management Techniques & Rights of Way Maintenance Plans--333_CMR_11.00.pdf.
  • MDAR Rights of Way Vegetation Management homepage
    www.mass.gov/agr/pesticides/rightofway/index.htm
  • What is Water Well- Being? An MDAR program to protect a sole source aquifer.http://www.mass.gov/agr/waterwellbeing/pesticide_facts.htm
• Rights-of-Way Herbicides: a citizens' guide to the state regulations on vegetation management on utility, railroad and roadside rights-of-way. Mass. Audubon Society and Mass. Association of Conservation Commissions, 1988.
  (32 pages, download here)

click here or scroll down the page under chemical details for more studies--

The Herbicides -- Chemical Details and label info:

NSTAR Pesticides & additions data / proposed Eastham ROW spraying
Trade names in bold; a.i. in parentheses is the “active ingredient”
note--most are pdf documents that will open in Adobe Acrobat Reader.

Accord (a.i.=glyphosate) www.mass.gov/agr/pesticides/rightofway/docs/Glyphosate2005.pdf
Label: www.cdms.net/LDat/ld4TL015.pdf
MSDS: www.cdms.net/LDat/mp4TL003.pdf

Arsenal (a.i=imazapyr) www.mass.gov/agr/pesticides/rightofway/docs/Imazapyr2005.pdf
Label: www.cdms.net/LDat/ld746003.pdf
MSDS: www.cdms.net/LDat/mp746004.pdf

Escort (a.i.=metsulfuron methyl) www.mass.gov/agr/pesticides/rightofway/docs/Metsulfuron_Methyl2005.pdf
Label: www2.dupont.com/Production_Agriculture/en_US/label_msds_info/labels/H65699.pdf
MSDS: msds.dupont.com/msds/pdfs/EN/PEN_09004a2f80125c7a.pdf

Pyridine (garlon 4) (a.i.=triclopyr)
Organochlorine class of pesticides and a suspected carcinogen and mutagen which has been detected in groundwater and is toxic to fish. Linked to mammary and adrenal tumors.
www.mass.gov/agr/pesticides/rightofway/docs/triclopyr2005.pdf
Label: www.cdms.net/ldat/ld0B0013.pdf
Supplemental Label: www.cdms.net/ldat/ld0B0000.pdf
MSDS: www.cdms.net/ldat/mp0B0014.pdf

Krenite (a.i.=fosamine ammonium) www.mass.gov/agr/pesticides/rightofway/docs/Fosamine_Ammonium2005.pdf
Label: www.cdms.net/LDat/ld886002.pdf
MSDS: msds.dupont.com/msds/pdfs/EN/PEN_09004a2f80006da5.pdf

41-A Drift Retardant
www.montereychemical.com/label/Sanag%2041-A.pdf

Arborchem Clean-Cut Surfactant
Label www.arborchem.com/images/products/arborch_cleancut.gif
MSDS page 1 www.arborchem.com/images/products/arborch_cleancut_msdsp1.gif
MSDS page 2 www.arborchem.com/images/products/arborch_cleancut_msdsp2.gif

More information and scientific studies:

Silent Spring Institute Reports New Contaminants in Well Testing http://silentspring.org/our-research/research-updates/tests-find-new-contaminants-cape-cod-s-drinking-water-supply-septic-sy

The President¹s Cancer Panel issues a 200 page report­ ² Annual Report for 2008-2009 Reducing Environmental Cancer Risk, What We Can Do Now² download it here -- deainfo.nci.nih.gov/advisory/pcp/pcp.htm

How Pesticides Drift--interactive slides from the Associated Press

Why we're not believing the scientists--

http://www.youtube.com/watch?v=z4lijvIjpRw "From Silent Spring to Silent Night." Dr. Tyrone Hayes talks about atrazine. NSTAR won¹t be using that herbicide but as Dr. Hayes reports‹Atrazine has been used for 48 years all over the world and only recently has its endocrine disrupting effects been reported. It has been outlawed in Europe. Explains how pesticides affect hormones in an easy to understand way.

To Mr. Tom May, CEO of NSTAR: Please consider alternatives to spray.
Here's One: Brown Brontosaurus--see it on YouTube http://www.youtube.com/watch?v=ZAQ3RizvZAQ

A Bit of History--just for your reading pleasure.

8/19/09 Concerned Citizens Against Herbicide Use on Cape Cod founded by Jared Colllins. www.facebook.com/group.php?gid=109138248696
tinyurl.com/ForThoseConcerned

8/17/09 NSTAR will begin mechanical vegetation removal today.
Garlon 4 (added to list of pesicides to be used. It was not mentioned at the meeting.

8/14/09 update. Sen O'Leary, Rep. Peake and Turner ask for a 30 day delay.

NSTAR announces vegetation management spraying along right of way electrical electrical transmission towers on the outer Cape:

Over 100 people attended a forum on Wednesday, August 12, 2009 at Nauset Regional High School auditorium, scheduled for 90 minutes. There were 4 representatives from Nstar; 3 from the Mass. Dept. of Agricultural Resources, including Commissioner Scott Soares; Senator Rob O'Leary, Rep. Sarah Peake, Rep. Cleon Turner; moderator Patrick Cassidy of the Cape Cod Times, and one microphone on the podium. The lack of microphones was keenly felt by all, and this humble summary is far from complete.

The meeting began with slide presentations by Nstar and MDAR, empasizing that many Federal and state regulations must be met in order to do IVM (integrated vegetation managment) which includes chemical, mechanical, and natural methods. 10 feet on either side of the electrical poles must be clear for access to be sure that towers will not come down due to trees which can reach 60 feet high. An Eastham selectwoman read a strongly worded statement against the spraying.

Though the Nstar presenter mentioned Roundup, also mentioned were Arsenal, KreniteS, Accord and Escort.

Some of the points brought up by the audience:
1. Unlike most other regions of Massachusetts, here on the Cape we have a sole-source aquifer (WE LIVE OVER OUR ONLY WATER SOURCE, with sandy, porous soil above it.)
2. The problem of pesticide drift in our ever present wind includes damage to people and honeybees.
3. Could the MDAR model the damage without making the top soil layer so thick. This is not the actual conditions near the electrical towers.
4. We have been told in the past that pesticides were safe--ie, DDT, dioxin.

In general, the audience was asking Nstar to look at other creative ways to handle the vegetation problem. Not all questions were answered and the audience was invited to stay and ask questions privately. An Nstar representative told one questioner that the spraying was already scheduled for this coming Monday, August 17.

As a result on August 13th, Sen. O'Leary, Rep. Peake and Rep. Turner asked Nstar for a 30 day delay. Read the press release from Sen. O'Leary's office (opens in pdf format). This request has no legal standing--it must come from the town of Eastham or another public entity.

http://www.mass.gov/agr/pesticides/rightofway/Sensitive_Area_Materials.htm (note the supplemental labeling for Roundup PRO by Monsanto)

Rep. Sarah Peake By phone: (617) 722-2210, (508) 487-5694
E-mail: rep.sarahpeake@hou.state.ma.us
7 Center Street, Provincetown, MA 02657
Room 473F, State House Boston, MA 02133

Sen. Rob O'Leary State House Room 511B Boston, MA 02133
Telephone: (617) 722-1570 Fax: (617) 722-1271
E-Mail: Robert.O'Leary@state.ma.us

Commissioner Scott Soares, Massachusetts Department of Agricultural Resources
251 Causeway Street, Suite 500 Boston, MA 02114-2151
(617)626-1701
Scott.Soares@state.ma.us