May-June 2003 Delaware Audubon Society Newsletter

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DELAWARE AUDUBON

Delaware Audubon
CHRONOLOGY
M O T I VA S E E K S M O D I F I C AT I O N S
TO

Journal
Vol. XXV No.5 May-June 2003

CURBING AIR POLLUTION

MARCH 2001 Motiva agreed to install smokestack scrubbers in a nationwide settlement of Federal and State air pollution citations covering nine refineries. A consent decree filed in U.S. District Court in Texas required one scrubber to begin operating in Delaware in December 2003, and a second by December 2004. Scrubbers are devices that trap and remove air pollution from smokestacks or factory exhausts. NOVEMBER 2002 State and Federal officials agreed in November to revise the plan outlined by the 2001 agreement. That revision called for converting the plant’s sulphur dioxide air emissions to wastewater, rather than recycling them. Motiva claims the revised approach would be more reliable and result in cleaner air than the recycling option. DECEMBER 2002 Delaware officials agreed to consider a Motiva Enterprises plan to cut air pollution from its refinery near Delaware City using equipment that instead would deposit more than 209 million pounds of sulfate wastes into the Delaware River each year.

PRESERVING OUR NATURAL STATE

IN THIS ISSUE B L U E B I R D C A P TA I N S
Bird Tales ................................7 Books of Interest ......................8 Calendar ..................................4 Letter From the President ........2 News & Views ....................5,6,7 Officers & Committees..............2 Site Seeing ................................3 What You Can Do ....................3 Bluebird Trail Captains began training for the coming breeding season with Nest Box Project Chair, Peggy Jahn.

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Pictured at the newly installed Bluebird Trail at Buena Vista State Conference Center are Peggy Jahn, Jennifer Christy, Diane Crom, Landscape Superintendent for Delaware State Museums, Julie Lawson, Delores Whitely and Fred Jahn. Not in the picture is Robert Mentzer.

DELAWARE AUDUBON SOCIETY, INC. A State-wide Chapter of National Audubon

LETTER FROM THE PRESIDENT
Subj: Motiva Consent Decree Update Date:03/31/2003 To: Delaware Audubon Members We are now moving into a different phase of the ongoing dispute with Motiva and getti ng regenerative scrubbers installed. In March 2001, Motiva and DNREC had agreed to install a control system in a settlement of a federal pollution suit. This settlement was going to take sulfur dioxide out of their air emissions. Sulfur dioxide is a respiratory irritant that causes acid rain and smog. Motiva and DNREC worked out together what kind of scrubbers would remove the air emissions, they agreed upon a regenerative technology (recycle chemicals used in the scrubbing process, diverting recovered wastes to other uses or disposal in a landfill). After this was agreed to things progressed and efforts were being made to install this technology, Then Motiva decided they would use a cheaper substitute technology called non-regenerative (would use the scrubber chemicals only once, and then, after treatment, send them into the river). Non-regenerative technology would not capture contaminants as the regenerative technology would have and they would be poured into the river and also use about 504,000 gallons of water daily. Motiva abandoned the regenerative scrubbers and pressed ahead with nonregenerative scrubbers regardless of their implications to pollution of the river and aquatic life. After a much publicized fight by concerned groups and citizens, DNREC rejected Motiva’s permit for the non-regenerative scrubbers, citing among
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D E L AWA R E A U D U B O N S O C I E T Y 20 02-200 3 OFFICERS & COMMITTEES

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If there are any issues you feel strongly about that you think Audubon should address, please write Issues, P.O. Box 1713, Wilmington, DE 19899, or call the office at 302-428-3959. Chairpersons can always be reached through the office answering machine , 302-428-3959.

Honorary Chairman of the Board Russell W. Peterson President Matthew Del Pizzo Vice President Leslie Savage Secretary Ellen Wright Treasurer Mark Martell CONSERVATION COMMITTEES: Environmental Advocate Grace Pierce-Beck Recycling Open Dredging Leslie Savage Proposal/policy Review Dave Chambers Nest Box Projects Peggy Jahn Armchair Activists Open Adopt-a-Wetland Peggy Jahn, Kathy Tidball White Clay Creek Adopt-a-Highway Dorothy Miller Important Bird Area Program Ann Rydgren PROGRAMS COMMITTEE Open PUBLICITY COMMITTEE Internet Fred Breukelman [email protected] MEMBERSHIP RECORDS David Brannan EDUCATION COMMITTEE Kathy Tidball SOCIAL COMMITTEE Annual Dinner-Nancy Frampton FIELD TRIPS COMMITTEE Peggy Jahn PUBLICATIONS COMMITTEE Ann Rydgren FINANCE COMMITTEES Fundraising-Grants Andrew Urquhart Fundraising-Bird Seed Sale Mark and Susan Martell Fundraising Birdathon Ruth Holden, Maud Dayton Fundraising-Silent Auction Asha Iyengar Fundraising-Wildlife Sanctuary Open Fundraising-Piping Plover Suite Ann Rydgren NOMINATING COMMITTEE Matthew DelPizzo, Asha Iyengar, Leslie Savage DIRECTORS FOR SERVICE UNTIL 2003 Dorothy Miller Grace Pierce-Beck Ann Rydgren DIRECTORS FOR SERVICE UNTIL 2004: Fred Breukelman David Chambers DIRECTORS FOR SERVICE UNTIL 2005: Peggy Jahn Leslie Savage REPRESENTATIVES Sharon Burchenal, Dover Kay Tebbens Greene, Milford Till Purnell, Millsboro

The Audubon Journal is published bi-monthly by the Delaware Audubon Society. Original articles may be reprinted without permission. Please give credit to the Delaware Audubon Journal and the author.
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WEB SITE http://www.delawareaudubon.org MAILING ADDRESS: Delaware Audubon Society P.O. Box 1713 Wilmington, DE 19899 TELEPHONE: 302-428-3959 DELAWARE A UDUBON SOCIETY E- MAIL: [email protected] We can receive contributions through your United Way payroll deduction designation. Our United Way designation number is 9017.

Editor: . . . . . . . . . . . . . . . . . . .Ann Rydgren Assistant Editors: . . . . .Mary Leah Christmas . . . . . . . . . . . . . . . . . . . . . . Barbara Roewe Design & Layout : . . . . . . .Maryellen F. Birk Printing: . . . . . .Sprint Quality Printing, Inc. Delaware Audubon Society, incorporated in 1977, is a state- wide chapter of the National Audubon Society.

VISIT DELAWARE AUDUBON'S WEBSITE http://www.delawareaudubon.org. Sample educational, informative articles and features. Order books and other goodies from the Marketplace! Search the archive of past articles. Visit our photo gallery. Survey legislative updates and Action Alerts. Email policy makers.

“Preserve Our Natural State”
WHAT YOU CAN DO...

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VOLUNTEER O P P O RT U N I T I E S
Join the fun! Meet new people! Do a great thing!

MONITORING BLUEBIRD BOXES
The first year I put up my Bluebird nest boxes, I was happy to see I had one brood of Bluebirds and several broo ds o f Tree Swallows. I have learned quite a bit since then. After the first brood fledged, I should have cleaned out the old nesting material. This keeps the nest box clean. The Bluebirds will build a new nest for the second brood. The second year I did a much better job of monitoring my Bluebird boxes. It’s a good thing, because the House Sparrows were determined to take over all the Bluebird houses. The Bluebirds tried to nest in several boxes but the House Sparrows kept taking over. I did at least have one brood of Tree Swallows. I tried to check the boxes every day and throw out the sloppy nests House Sparrows build with trash, twigs and feathers. Eastern Bi rds ’ Nes ts b y Hal H. Harrison helped me learn what the different bird eggs look like. Bluebird eggs ar e p ale blue or sometim es white. Tree Swallow eggs are pure white and they like to line their nests with feathers. House Sparrow eggs are white dotted with brown. When I found Ho use Sp ar ro w n es ts I destroyed th em. I l earned it was import ant t o ke ep the Ho use Sparrows from reproducing since they take over the Bluebird boxes. Ellen Wright

We need help in the following areas.

Volunteers Make It Happen!

WE NEED YOU! V ATTORNEY E xpe ri enced in t ru st an d corporation law who will give advice pro b ono. This is a limited project, not litigation. V BIRDSEED Marketing Manager for our fundraising birdseed sale in O ct ob er . We ne ed mor e customers. One month a year. V WELCOME WAGON Fun-loving, creative person needed to recruit and integrate new members.

SITE SEEING
This column will suggest Internet websites that may be of interest to readers. If you have a favorite that you think will interest others, please send the address to us, [email protected] or call us at (302) 428-3959.

<http://www.americanbirding.org/opps/> An on-line version of the American Birding Association’s OPPORTUNITIES FOR BIRDERS directory. It lists projects by state that can use volunteer birders.

Please call 302-428-3959 and leave a message if you are interested in helping.

Please call Field Trip leaders ahead of time and register. You will be notified if any changes arise. Most trips are half-day. Dress according to the weather and ask leader if waterproof boots, etc. are needed.

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14 Wednesday 7:30 am DELMARVA ORNITHOLOGICAL SOCIETY Spring Migrants. Brandywine Creek State Park Meet at the Park Maintenance Shop parking lot. Don Vasallo 302-478-1733 17 Saturday 7:00 am GRASS DALE Birding. Especially for beginners. Meet in the picnic area at Grass Dale Center on Polktown Rd., Delaware City. Please call, time may change. Ann Rydgren 302-235-0242. 17 Saturday 7:00-5:00 INTERNATIONAL MIGRATORY BIRD DAY, Bombay Hook National Wildlife Refuge Bird walks, boat rides, horseshoe crabs and more. For schedule of events, please call 302-653-6872 17 Saturday 8:00-4:00 INTERNATIONAL MIGRATORY BIRD DAY, Prime Hook National Wildlife Refuge Nature walks. 302-684-8419. 27 Tuesday 6:30 - 9:00 pm DELAWARE CITY Count herons and egrets as they return to Pea Patch Island rookery. Meet in the park at the end of Clinton St. DNREC Chris Bennett [email protected] 31 Saturday 8:00 – Noon SHOREBIRD & HORSESHOE CRAB CONNECTION Bombay Hook National Wildlife Refuge. Meet at Refuge Headquarters. Pre-registration required, 302-653-6872.

M AY
1 Thursday 6:00 pm ANNUAL DINNER AND SILENT AUCTION Delcastle Inn off McKennan’s Church Road, Dr. Carolyn Thoroughgood will speak about Marine Studies at the University of Delaware. For information please call 302-428-3959. 1 –31 DELAWARE AUDUBON BIRDATHON 3 Saturday 6:00 am – 2:00 pm GREAT CYPRESS SWAMP Delmarva Ornithological Society. Meet at Boyd’s Corner Park & Ride. Bring boots, lunch and bug spray. Kitt Heckscher 302-653-2880

3 Saturday 7:30 am FRIENDS OF WHITE CLAY CREEK WHITE CLAY CREEK STATE PARK Spring Migrants, Jeff Gordon. Meet at Chambers House Nature Center on Creek Road north of Hopkins Road. No bird watching experience is necessary, just bring binoculars. For further information or to reserve a pair of loaner binoculars, call Friends of White Clay Creek State Park 302-239-2471. 7 Wednesday 11:00 PM DELMARVA ORNITHOLOGICAL SOCIETY Rails. Meet at Boyd’s Corner Park & Ride, Rte13 & 301. Bring long boots. Andy Ednie 302-792-9591 10 Saturday DELMARVA ORNITHOLOGICAL SOCIETY Spring Count and International Migratory Bird Day John Janowski 302-834-9710

I want Audubon to sponsor a program on .............................................................................................. (topic) in my area. Name: .................................................................................. Phone: ( )......................................................................

JUNE
7 Saturday Come and work on a new trail with the FRIENDS OF WHITE CLAY CREEK STATE PARK. Contact Wendel Cassel at (302) 737-3319 or [email protected].

Zip Code: .............................................................................. Send to: Program, Delaware Audubon Society P.O. Box 1713, Wilmington DE 19899

News & Views
C L I M AT E U P S E T S N AT I V E S P E C I E S
For w ild li f e, th e biggest wallop from global climate change may not b e s p e c i e s e xt in cti on s bu t m aj o r s h i f t s i n t h e m ak e- up o f creature communities. That’s the prediction from the most ambitiou s ap plication yet of the computer model for climate change and biodiversity developed by A. To w n s e n d Pe t e rso n of th e Uni v e r s i t y o f K an sas a n d h is co ll e a g u e s . T h e y st ar ted w it h information on the current ranges of 1 ,8 7 0 b i r d s , mam m al an d butterflies in Mexico. Their model crun che d th e in formation under various scenarios of climate change to predict the ranges of the species in 2055. Fewer th an thr ee percent of the spe c i e s w i l l g e t s qu ee ze d int o extinction by then, according to the model, but the mix of animals in a lot of places will be different from wh at i t i s t o d a y . Low la nd s, i n particular, may have more than 40 pe r c e n t t u r n o v e r a mo n g t hei r species, the researchers report in the April 11 Nature. Ecologist F. Stuart Chapin, III, of the University of Alaska-Fairbanks ca ll s t h e n e w m ode l “a r ea ll y important step forward.” However, he caut io ns that plenty of other factors will combine with climate to determine the ultimate ranges of specie s. A n an imal might find a m ore h o s p i t a b l e c li m ate b y m ov i n g , b u t t h a t ’s no g o od i f people have covered the escape route with houses and asphalt. Excerpt from S. Milius, Science News

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BOARD ACTION
“Take Back Audubon”(TBA) is a movement of concerned Chapter leaders and members who are seeking to reform the National Audubon Society and its relationship with Chapters. An alternate slate of candidates for the National Audubon Board will be proposed this year and an effort to enact resolutions to democratize National Audubon will be made. “Take Back Audubon”’s m ission is to restore a true partnership between the independent Chapters and the National Audubon Society through a real voice in the Audubon organization and in all decisions that affect chapters. The Delaware Audubon Society Board of Directors voted to support the mission of the TBA movement. We believe that reform will make National Audubon more relevant. Your proxies will be needed at the next National Audubon annual meeting to pass reform resolutions and elect board members that support those reforms. You will receive more information about these issues as events develop.

J O I N D E L AWA R E A U D U B O N N O W !

News & Views
President’s Letter continued from page 2 Chronology continued from page 1

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other things the mercury releases, and that the department did not know of the extent of the releases to the river. We held a pr ess conference and asked Motiva to not litigate and to work speedily with DNREC to install the original regenerative scrubbers. We did not hear anything for a while. DNREC said there was some talk with Motiva on this but not much progress. DNREC has hired a consultant, a former British Petroleum executive, to help them in their decisions. We do not know if this is good for us or not. He may want to suggest a compromised settlement that would lean in favor of Motiva, and not the citizens of Delaware. In the meantime Motiva sent out a letter to neighbors of the refinery and said that the DNREC decision was wrong. Motiva held a “community meeti ng” in late March. In the meeti ng they sa id that that they woul d n ot litigate but that “regenerative” technology has never been clearly defined. Motiva said they would work with DNRE C an d th e E.P.A. on what “regenerative” really means and on getting the scrubbers installed once they agreed. Motiva and DNREC certainly seemed to know what “regenerative” meant back in Ma rch 2001 when they settled on the consent decree. We are looking to DNREC and the E.P.A. to hold Motiva to the original agreement that will significantly improve our air quality without sacrificing the quality of the Delaware River. Thanks for your support, Matt Del Pizzo

JANUARY 2003 No data concerning expected levels of oth er wa stew at er p ol lu ta nt s, including mercury, have yet to be released by the company. Docum ents re le as ed u nder th e Freedom of Information Act reveal doubts about the proposal within DNREC. Company respons es to questions from regulators are described as “evasive and superfluous” and “a bit insulting.” “Substantial” errors were cited in Motiva’s descriptions of the plan—including a failure to fully describe the likelihood of mercury and other toxic metal releases to the river. Inform ation gaps a re c ite d in Motiva’s plan to curb air pollution. The co mpa ny’ s f iling f ail ed to mention me rc ury or ot he r to xi c metals or contaminants that could be released to the Delaware River. DNREC learned of the mercury risk from an environmental group late last year. Motiva provided DNREC with “the data we k no w, ” ad ding : “We ’r e continuing our analysis on mercury and more data will be submitted.” Company officials want DNREC to issue a permit for the first pollutioncontrol system by Feb. 17, despite objections that the timetable prevents a formal review of related wastewater concern s an d lim it s p ubli c participation. State regulators have unanswered questions. DNREC reported that they have no data from Motiva that their technical experts can review. The public hearing was restricted to

air-pollution issues. No discussion of subsequent water issues was allowed. DNREC orders Coastal Zone review. FEBRUARY 2003 DNREC rejects Motiva’s wastewater permit application as incomplete. DNREC rejects Motiva’s plan to install air-pollution control systems that wo uld ha ve in cr eased t ox ic wa s tew at er re lea s es in to th e Delaware River. Motiva must now seek permits for a potentially cleaner but more costly technology. T he he ad of t he Envi ro nme nt al Protection Agency reaffirmed that the Federal government expects Motiva Enterprises to fulfill a 2001 agreement req ui ri ng i ts D el awa re Ci ty oil refinery to reduce toxic air emissions wi th ou t in cr ea si ng the fl ow o f pollution into the Delaware River. MARCH 2003 Motiva Enterprises holds the first in a series of community meetings with p ar t o f the s e ssion focu s ing o n pol lu ti on -c on tr ol pl ans a t th e Delaware City Refinery. DNREC has yet to receive specifics about Motiva’s plan.

NOTE: “Regenerative”—recycle chemicals u se d i n th e scr ubb in g pr oc ess , diverting recovered wastes to other uses or disposal in a landfill. This is the process ordered in the Consent Decree. “Non-regenerative”—would use the scrubber chemicals only once, and then, after treatment, send them into the river.

News & Views
B i rd Ta l e s . . .
for a minute or so, then took off toward the old farm behind our house. It was so exciting to see this hawk in action, it was hard to concentrate on the markings, even when he was practically sit ting ri ght u nder m y no se ! (Blinded again by adrenaline, dontcha know.) The main thing I noticed was his considerable size. I did try to study the end of the tail, which seemed to be straight, but I can’t be 100% certain due to looking at him from an angle. But wouldn’t a straight tail make him a SharpShinned Hawk? The National Audubon Field Guide describes them as “jay-sized, fast-flying.” He was certainly fast-flying— very impressive!—but jay sized? I joked with my husband that this hawk uses jays for scuffy bedroom slippers! I also tried to concentrate on the coloring. Brown on back with a

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2/11/03 Big excitement in the yard this morning! The hawk was back! I saw him (?) go bulleting by in o ne di re ction, a large blur causing the finches to scatter from the feeders. A few minutes later, once the finches had regrouped, I got a clearer look at him as he came swooshing by in th e other direction, feathers flaring as he came in low under the feeders and swung back up and landed on the fence near our window—even closer to the window than the last time I saw him, on January 10. He sat there

few flecks of white (but were t he y fle cks, or we re th ey underfeathers showing through after being ruffled in flight?); u n derp ar ts whit e wi th s ome brown; a nicely proportioned, noble looking head (didn’t make no te o f eye c ol or —s ee “adrenaline,” above); and of course that dramatic, striped tail. The NAFG says of the Cooper’s and Sharp-Shinned, respectively, “Immature brown above with w hit is h s po ts, cre amy-wh ite below, with streaks on breast, b arr in g on f lanks ” a nd “Immature brown above, whitish below with fine streaks.” I guess it’s going to take time, p at ie nce , a nd f ur th er observation for me to get the hang of this hawk business—if not a pair of those binoculars with a built-in digital camera! Mary Leah Christmas

B i rd Ta l e s . . .
American Robin The American Robin Turdus migratorius, one of the best known birds in North America, was so named by the early colonists because, although much larger, it reminded them of the English Robin. For more information and a color picture of the bird go to our website delawareaudubon.org.

IS A BIRD FOR YOU TO COLOR.

HERE

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BOOKS
OF

INTEREST

Progger: A Life on the Marsh by Tony Florio Smyrna-Clayton Heritage Association, Smyrna, DE. $20. “Legen d ” is a w ord frequently associated with Tony Florio. As a renow ned ar ti st and wildlife biolo gist , he has earned it. His current book of observations is a valued addition to Delawareana. end of a bean sprayer loaded with paint. In addition to many idyllic scenes, Florio touches on everything from the excursion steamers which used to ply the area 100 years ago, to the State’s first attempts at mosquito control, to Florio’s techniques for fine-tuning the rocket nets used in the Canada Goose banding process. Also included are discussions of Delaware’s wetland plants, local tidema rs h featu res and Fl orio’s defense of hunting. Each chapter contains scratchboard illustrations by the author. MLC

N O M I N AT I O N S FOR YEAR 2003-2004
Matthew DelPizzo - President Leslie Savage - Vice President Secretary - Ellen J. Wright Treasurer - Mark Martell Board of Directors Directors for service until 2006: Nicholas DiPasquale Dorothy Miller

Progger rec ounts Florio’s experiences living on the marsh at the Woodland Beach Wildlife Area in Delaware, which included such unromantic things as run-ins with snakes and being on the receiving

Submitted by the Nominating Committee: Asha Iyengar Leslie Savage Matthew DelPizzo

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