PA Environment Digest An Update On Environmental Issues In PA Edited By: David E. Hess, Crisci Associates Winner 2009 PAEE Business Partner Of The Year Award Harrisburg, Pa June 30, 2014 UPDATED: Senate Republicans Move $29 Billion Budget Out Of Appropriations Committee, Relies More On Non­Impact Drilling NOTE: The Senate and House will reconvene Monday on budget issues. Follow the latest by going to the PA Environment Digest Blog or sign up for the PaEnviroDigest Twitter newsfeed. On Sunday evening, Senate Republicans amended House Bill 2328 (Adolph­R­Delaware) to create a $29 billion General Fund budget without any new taxes. This compares to the House­passed $29.1 billion budget (more below) and last year’s $28.5 billion budget.

The Senate budget relies even more on additional “non­impact” drilling leasing of State Park and Forestry land by calling for the transfer of $95 million, not $75 million as House Republicans had proposed, from the Oil and Gas Fund.

This is in addition to at least $73 million from the Oil and Gas Fund to support DCNR’s State Parks and Forest administrative operations.

Beyond the transfer of $6.2 million from the Alternative Fuels Incentive Grants Fund there are NO TRANSFERS proposed from the Keystone Fund, Underground Storage Tank Indemnification Fund or other environmental funds.

There are still many details lacking, particularly amendments to the Fiscal Code which will include language related to any budget deals to adopt unrelated programs and information on which state tax credit programs will be suspended.

There has been no agreement on general pension reform or liquor privatization, Gov. Corbett’s key priorities.

The Senate is expected to have a floor debate on the budget bill on Monday. Midnight June 30 is the deadline to have the state budget in place.

Here’s a thumbnail of what is known now­­ Agriculture ­­ Horse Racing Fund transfer of $17.6 million, same as last year Environmental Protection ­­ DEP Operations ­ $12.4 million increase ­­ Sewage Facilities Planning Grants ­ $500,000 increase ­­ Delaware River Basin Commission ­ $500,000 cut

Conservation & Natural Resources ­­ Heritage Parks Program ­ $2.75 million, up from $2.25 million last year Funding Sources: ­­ Non­Impact Drilling On DCNR Land ­ $95 million ­­ At least $73 million transferred from the Oil and Gas Fund to support DCNR operations ­­ Alternative Fuels Incentive Grant Fund ­ $6.2 million ­­ NO transfer from Keystone Fund or Underground Storage Tank Indemnification Fund Attorney General ­ $5 million increase State Treasurer ­ $3.8 million increase Auditor General ­ Flat funding Judiciary ­ Flat funding House ­ $1.9 million increase Senate ­ $950,000 increase

Click Here for a copy of the line item spreadsheet. Click Here for the budget balance and transfers sheet.

House­Passed Budget The House Wednesday passed, by a partisan vote of 110­93, a Republican­written General

Fund budget in House Bill 2328 (Adolph­R­Delaware) that relies on $75 million in revenue from additional natural gas leasing in State Parks and Forests and $15 million in deferred funding for the farm conservation and historic preservation tax credits to remain in balance.

The bill is now in the Senate as budget discussions continue between the Senate, House and the Governor’s Office.

The Senate and House declared June 28 a non­voting day, but are scheduled to return to voting session and 4:00 and 5:00 on Sunday, June 29. Midnight June 30 is the deadline to have the state budget in place.

The House GOP leasing of additional DCNR land for “no surface impact” natural gas development is a little different from Gov. Corbett’s proposal because the House budget would divert the $75 million to the General Fund. Gov. Corbett’s Executive Order issued in May would earmark at least royalties from the leasing for State Park and State Forest projects.

The proposed $75 million in revenue is on top of the proposed $72.7 million transfer from the Oil and Gas Fund to fund DCNR’s State Parks and State Forest operations.

The deferral of tax credit funding was included in House Bill 2188 (Cutler­R­Lancaster) passed Tuesday by the House. The Resource Enhancement and Protection Tax Credit Program (REAP) would be zeroed out eliminating $10 million per year and the Historic Preservation Incentive Tax Credit would also be zeroed out cutting $3 million per year.

The budget also assumes $226.5 million in transfers from other special funds, but NOT the Keystone, Storage Tank, Recycling, Underground Storage Tank Indemnification Fund or other environmental funds.

Other changes in the House GOP budget include­­ ­­ Delays for one year the contribution of $6.2 million into the Alternative Fuels Incentive Grants Program; ­­ Restores $2.25 million for the Heritage Parks Program; ­­ Provides an additional $10.4 million in funding for DEP general operations; and ­­ An additional $500,000 cut from Delaware River Basin Commission funding.

Other budget line items for DEP and DCNR are generally the same as the FY 2013­14 budget.

Broadly, the House GOP budget counts on $380 million in revenue from liquor privatization which may or may not happen and a total of $48 million in savings from deferred funding of 11 different tax credit programs in each of the next two years to remain in balance.

A spreadsheet showing changes between the FY 2013­14 budget is available online. A proposed FY 2014­15 Financial Sheet is also available. NewsClips: Lawmakers Proposed New Spending Plan Corbett Looks To Philly Dems To Get Pension Reform GOP Leaders Shoot For On­Time, No New Taxes Budget Lawmakers Work On Budget Through Weekend Lawmakers Scramble To Beat Budget Deadline Closure On Budget Still Seems Days Away House Passes State Budget On To Senate House Passes GOP­Crafted State Budget Plan House Budget Counting On Privatization, Plan Fizzles In Senate Senators Discussing Mix Of Taxes To Bridge Budget Gap House Panel Approves GOP Budget Bill House Committee Approves $29.1 Billion Budget House GOP Propose Leaner Budget Than Corbett Economic Developers: Don’t Cut Our Tax Credits Budget Deficit Could Lead Corbett To Severance Tax Op­Ed: Severance Tax? No Thanks, I’ll Pass PA Weighs New Tax On Natural Gas Drilling New Energy Taxes Threaten PA’s Economic Recovery More Farmland Preserved, But Long Backlog Remains Lancaster Lawmakers Urged To Protect Farmland Preservation $$ Chesapeake Bay Foundation­PA Calls For Restoration Of Farm Conservation Tax Credit The Chesapeake Bay Foundation’s Pennsylvania Executive Director, Harry Campbell, issued the following statement Wednesday in response to proposed budget cuts to vital tax credit programs that benefit Pennsylvania farmers and clean water efforts throughout the Commonwealth.

Of particular concern is the proposed two­year suspension of Pennsylvania’s Resource Enhancement and Protection Program (REAP) farm conservation tax credit program included in House Bill 2188 (Cutler­R­Lancaster) passed by the House Tuesday.

The REAP Program provides tax credits to farmers and businesses all across the state in exchange for establishing agricultural conservation practices on Pennsylvania farms.

“The REAP tax credits are used to offset a portion of the farmer’s expense of making on­farm improvements that benefit both their bottom line and water quality,” said Campbell. “These improvements include things like reducing the manure that runs into streams and rivers, planting forested streamside buffers, converting traditional plowing methods to no­till cultivation, and many others

“The $10 million public investment in the REAP tax credit program, and the private investments that are required from farmers to receive the credits, have resulted in cleaner water and more profitable farms. The success of the program is evident as each year since it began farmer interest has exceeded the available budget.

“This program is an important component of Pennsylvania’s clean water blueprint to reduce pollution and restore Pennsylvania’s rivers and streams. CBF calls on the General Assembly to maintain existing funding for REAP.”

From 2007 to 2011, the REAP Program has provided tax credits for over 950 farming operations in 61 counties across Pennsylvania preventing 11.4 million pounds of nitrogen, 859,485 pounds of phosphorus and 877,059 tons of sediment from going into Pennsylvania’s streams and rivers.

Since farmers pay between 25 and 50 percent of the cost of installing farm best management practices, every dollar of taxpayer money invested in this program is matched by private investment stretching the effectiveness of the REAP investment.

When Gov. Corbett came to office in 2011, he restored the REAP Program to its full $10 million appropriation and recommended the full $10 million again in his proposed FY 2014­15 budget proposal.

The most recent 2010­11 Annual Report on the REAP Program is available online. Growing Greener Coalition Issues Environmental Funding Plan If Severance Tax Adopted

The PA Growing Greener Coalition, the largest coalition of conservation, recreation and preservation organizations in the Commonwealth, Friday made its case for why environmental funding must be contained in any severance tax package passed by the legislature. “The impacts of drilling in Pennsylvania are evident throughout the Commonwealth. Our parks, forests, scenic and cultural areas, and waterways are at risk of being disturbed and degraded. Any severance tax must dedicate funds toward the protection of these public resources,” said Andrew Heath, executive director of the Coalition.

“Funding through a severance tax is essential to address the resources being most affected by natural gas extraction and should not take away from funding already being provided by other general and special fund programs.”

The Coalition has proposed $26 million be set aside from a severance tax in year one, growing to $70 million by year five, to address the Commonwealth’s open space and forest resources, rivers and streams, historic treasures, and heritage areas. Distribution would be as follows: ­­ Year 1: $3 million for Heritage Areas; $3 million for Historic Preservation; and $20 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams (abandoned mine drainage, major basin watershed projects, etc.) ­­ Year 2: $4 million for Heritage Areas; $4 million for Historic Preservation; and $30 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams. ­­ Year 3: $5 million for Heritage Areas; $5 million for Historic Preservation; and $40 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams. ­­ Year 4: $5 million for Heritage Areas; $5 million for Historic Preservation; $50 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams. ­­ Year 5 and Beyond: $5 million for Heritage Areas; $5 million for Historic Preservation; and $60 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive

lands and cleaning our rivers and streams. Public Supports Environmental Funding The Coalition pointed to a new survey that found overwhelming bi­partisan public support for

continuing existing dedicated state funding for conservation and for increasing state funding to protect land, water and historic sites.

Overall, the survey found that more than 97.4 percent of Pennsylvanians surveyed think that state funds dedicated to protecting rivers and streams; conserving open space, forests, natural areas and wildlife habitats; providing parks and trails, and preserving farmland should continue to be used for these purposes. This figure represented strong bi­partisan support, and is up by five percentage points since 2012.

The survey also found that more than three­quarters of respondents – 82.6 percent – would support increasing state funds to address these issues, even if it would cost the average household $10 more annually. This figure is up from 77.7 percent in 2012.

Despite the success of such programs like the Growing Greener Environmental Stewardship Fund, Keystone Recreation, Park & Conservation Fund, Agricultural Preservation, Marcellus Shale Legacy Fund, Heritage Areas Program and Historic Preservation, there is much more work that needs to be done.

“The Commonwealth has 19,000 miles of rivers and streams that do not meet basic water quality standards. Historic preservation funding is at a low and the Heritage Areas Program was zeroed out in the Governor’s proposed budget,” said Heath. “These issues must be addressed.”

In addition, conservation funding is an essential component for meeting federal Clean Water Act mandates associated with the Chesapeake Bay Blueprint and the need to reduce pollution in our local rivers and streams.

“Utilizing funds collected through a severance tax to address these issues is a step in the right direction, and would also negate the need to raise additional state revenues through more leasing of state lands,” said Heath.

For more information, visit the PA Growing Greener Coalition website. NewsClips: GOP Leaders Shoot For On­Time, No New Taxes Budget Lawmakers Work On Budget Through Weekend Lawmakers Scramble To Beat Budget Deadline Closure On Budget Still Seems Days Away House Passes State Budget On To Senate House Passes GOP­Crafted State Budget Plan House Budget Counting On Privatization, Plan Fizzles In Senate Senators Discussing Mix Of Taxes To Bridge Budget Gap House Panel Approves GOP Budget Bill House Committee Approves $29.1 Billion Budget House GOP Propose Leaner Budget Than Corbett Economic Developers: Don’t Cut Our Tax Credits Budget Deficit Could Lead Corbett To Severance Tax Op­Ed: Severance Tax? No Thanks, I’ll Pass PA Weighs New Tax On Natural Gas Drilling New Energy Taxes Threaten PA’s Economic Recovery More Farmland Preserved, But Long Backlog Remains

Lancaster Lawmakers Urged To Protect Farmland Preservation $$ EPA: Pennsylvania Falls Short In Meeting 2013 Chesapeake Bay Cleanup Milestones The U.S. Environmental Protection Agency reported Thursday Pennsylvania exceeded its 2013 Chesapeake Bay cleanup milestone for phosphorus by 242,000 pounds, but fell short in meeting the nitrogen goal by 2 million pounds and sediment reduction milestone by nearly 116 million pounds.

As reported last week to the DEP Citizens Advisory Council, Pennsylvania must reduce its nitrogen load going into our rivers and streams by over 10 million pounds, our sediment load by nearly 212 million pounds and our phosphorus pollution by 141,000 pounds if we are to meet our 2017 Chesapeake Bay cleanup milestones.

DEP said wastewater plants and the forest sector have already met the 2017 nitrogen and phosphorus reductions. Wastewater plants have already met the 2017 for sediment/total suspended solids reductions.

The size of the reductions Pennsylvania must achieve to meet the 2017 milestones in the next three years will offer real challenges to the Commonwealth, particularly for needed reductions from agriculture, urban/stormwater runoff and on­lot septic systems.

The size of the reductions needed for agriculture alone, at least according to the models, are approximately equal to more than all the reductions achieved by the Chesapeake Bay Program in Pennsylvania for the 27 years from 1985 through 2012.

Chesapeake Bay Foundation President William C. Baker issued this statement following the release of the milestones report by EPA­­

“The transparency and accountability that these milestones provide are crucial to meeting the goal of restoring water quality in local rivers, streams, and the Chesapeake Bay. EPA’s analysis and the actions it is taking represent the leadership the Bay and all the rivers and streams need, both strong and fair.

“Each of the Bay jurisdictions must do better if they are to achieve their 2017 and 2025 goals. EPA has identified the strengths and weaknesses in each jurisdiction, as well as pointing out what each must do to improve its performance. We have seen progress, demonstrating that the Chesapeake Clean Water Blueprint is working, but the Bay jurisdictions clearly need to accelerate their efforts.

“But clearly, Pennsylvania has been given a failing grade. The Commonwealth must demonstrate leadership immediately to improve its pollution reduction efforts. People upstream and down will benefit. In Pennsylvania, jobs will be created, streams and drinking water will be cleaner, fish stocks will be healthier, and the Bay will improve.

“Holding the states accountable for meeting their commitments is a historic event in Bay restoration efforts, one which will ensure that we leave a legacy of clean water to our children and future generations.”

Because of shortfalls in agriculture and urban/suburban runoff, EPA will condition its grants to the Commonwealth to ensure the money goes to help accelerate implementation of key practices. EPA is also considering requiring additional pollution reduction from sewage treatment plants if progress continues to be insufficient.

CBF calls on Pennsylvania to:

­­ Conduct comprehensive and meaningful inspections for compliance with existing laws in both the agricultural and urban sectors, and where necessary to ensure consequential and timely enforcement; ­­ Develop specific and quantifiable permits for regulated urban/suburban stormwater; and ­­ Enact a severance tax on unconventional natural gas drilling, which prioritizes significant resources towards implementing pollution reduction practices.

A fact sheet on Pennsylvania’s milestones progress is available online as well as the complete milestones report. NewsClips: EPA Takes Issue With Stormwater Plans EPA: 85 PA Towns Must Improve Stormwater Time Running Out For Communities On Stormwater Plans Lawmakers Urge Court To Block Chesapeake Bay Cleanup Corbett Joins Other Governors In Protecting Chesapeake Bay Thousands Attend Riverfest In Wyoming Valley Wilkes­Barre Riverfest Takes Educational Tone PA Congressmen Back Effort To Reduce Oversight Over Waterways Op­Ed: Farm Bureau Badly Mistaken On EPA Water Rule RiverQuest, Rivers Of Steel Heritage Mull Merger EPA Orders 85 PA Municipalities To Improve Stormwater Management The U.S. Environmental Protection Agency Tuesday announced it has sent orders to 85 municipalities in northcentral and northeast Pennsylvania requiring improvements to their programs for managing stormwater.

EPA issued the orders to augment Pennsylvania’s efforts to ensure effective stormwater management programs are in place to improve water quality in local streams and the Chesapeake Bay, which is downstream of most of the towns cited by EPA.

The municipalities receiving the orders are: — Carbon County: Bowmanstown Borough, Lower Towamensing, Weissport Borough — Centre County: College Township, Harris Township, Patton Township, State College Borough — Lackawanna County: Old Forge Borough, Taylor Borough, Clarks Summit Borough, South Abingdon Township, Clarks Green Borough, Dickson City Borough, Dunmore Borough, Blakely Borough, Throop Borough, Ransom Township, PSU Scranton, Moosic Borough, Abington Township, Scranton City, Scott Township — Lehigh County: Catasauqua Borough, Slatington Borough, Whitehall Township, Macungie Township, Upper Milford Township, Salisbury Township, South Whitehall Township, Emmaus Borough, Alburtis Borough, Weisenberg Township — Luzerne County: Duryea Borough, Edwardsville Borough, Wilkes­Barre Township, Plymouth Borough, Larksville Borough, Sugar Notch Borough, Ashley Borough, DuPont Borough, Jenkins Township, Avoca Borough, Warrior Run Borough, Laflin Borough, Dallas Borough, Swoyersville Borough, Exeter Borough, Wyoming Borough, Pittston Township, Nanticoke City, Newport Township, West Wyoming Borough, Foster Township, Hazleton City, West Pittston Borough, Kingston Borough, Bear Creek Township, Wilkes­Barre City, Laurel Run Borough, Plymouth Township, Hughestown Borough, Dallas Township, Lehman Township — Luzerne & Northampton County: Jackson Township, Fountain Hill Borough, Lower Saucon

Township, Lower Nazareth Township, Hanover Township — Lycoming County: Old Lycoming Township, Montoursville Borough, Loyalsock Township, Williamsport City — Northampton County: Allen Township, Northampton Borough, Walnutport Borough, Bangor Borough, Lower Mt. Bethel Township, Pen Argyl Borough, Freemansburg Borough, Williams Township, East Allen Township, Easton City, Bushkill Township, Plainfield Township, Hellertown Borough, Northampton County, Wind Gap Borough, Forks Township, Hanover Township.

“In this age of changing climate and more frequent and severe weather events, managing urban stormwater is essential for protecting and restoring the waterways in our communities,” said EPA Regional Administrator Shawn M. Garvin. “Our objective in issuing these orders is to build on the work being done by the Commonwealth of Pennsylvania, and bridge any gaps in making it clear to the municipalities that they need to do a better job of implementing their programs for controlling stormwater runoff.”

The federal Clean Water Act requires the cited municipalities to develop and implement a program to reduce contamination of stormwater runoff and prevent illegal discharges of stormwater.

EPA’s orders also require the cited municipalities to correct deficiencies with their respective Municipal Separate Storm Sewer System (MS4) programs and to come into compliance with their Clean Water Act stormwater discharge permits. MS4s are publicly­owned drainage systems, including storm drains, pipes, and ditches, which are designed to collect and convey stormwater runoff in urbanized areas.

Urbanized areas generally contain large portions of impervious surfaces such as roads, rooftops and parking lots that channel stormwater directly into local streams, rivers, and other water bodies. Improperly managed stormwater runoff from urbanized areas can cause flooding and significant erosion, damage streams, and carry excessive nutrients, sediment, metals, volatile organic compounds, and other pollutants downstream.

The orders provide information to the municipalities regarding how to assure compliance with MS4 requirements of the Clean Water Act.

For more information, visit EPA’s Municipal Separate Storm Sewer Systems (MS4s) webpage. NewsClips: EPA Takes Issue With Stormwater Plans EPA: 85 PA Towns Must Improve Stormwater Time Running Out For Communities On Stormwater Plans Lawmakers Urge Court To Block Chesapeake Bay Cleanup Corbett Joins Other Governors In Protecting Chesapeake Bay Thousands Attend Riverfest In Wyoming Valley Wilkes­Barre Riverfest Takes Educational Tone PA Congressmen Back Effort To Reduce Oversight Over Waterways Op­Ed: Farm Bureau Badly Mistaken On EPA Water Rule RiverQuest, Rivers Of Steel Heritage Mull Merger PEC Asks Sen. Scarnati, Rep. Causer To Respond To Concerns On Conventional Well Bills The Pennsylvania Environmental Council Friday asked Sen. Joe Scarnati (R­Jefferson) and Rep. Martin Causer (R­Cameron) to respond to several significant concerns about Senate Bill 1378 and House Bill 2350 that would regulate conventional oil and gas wells differently than unconventional (Marcellus

Shale) wells. PEC said it was concerned about statements made by both members at the Senate and House

Environmental Committees this week that the bills were meant to take conventional wells out of the basic law­­ Act 13­­ regulating oil and gas well activities leaving open the question of what kinds of environmental standards would apply to conventional wells.

The text of the letter follows­­ The Pennsylvania Environmental Council is concerned about comments made Wednesday in

both the Senate and House Environmental Resources and Energy Committees about the intent behind Senate Bill 1378 and House Bill 2350. We want to give you an opportunity to respond to these concerns.

In the Committee meeting you (Sen. Scarnati) said the General Assembly “erred” in putting conventional wells and unconventional wells in the same law and further explained, “The intent (of this bill) is to take conventional wells back out of Act 13.”

In the House, Rep. Causer said, “Conventional wells are shallow and have significantly smaller well pads. Their overall impact on the surrounding environment is far less than that of deep, Marcellus wells. Both types of drilling will continue to be regulated under this bill, but by differentiating between the two, we can protect against over regulation that could eventually drive shallow well producers out of business.”

We agree that there are appropriate differences between conventional and unconventional drilling that can be addressed through specific regulations, provided the distinction between the two is the right one. However, if the intent of the bills is to remove or “differentiate” conventional well regulatory requirements to the point of eliminating them from Title 58 regulating oil and gas operations, the basic law that requires regulation of oil and gas well development, what requirements do apply to each kind of well in your view?

Section 4 of both bills says­­ “General rule.­­ Proposed regulations and regulations promulgated by the Environmental Quality Board under 58 Pa.C.S. (relating to oil and gas) or other laws of this Commonwealth relating to conventional oil and gas wells or unconventional gas wells shall differentiate between conventional oil and gas wells and unconventional gas wells.”

Under existing law, the permit, well construction, environmental setbacks, bonding, enforcement and other requirements of Title 58 covered both kinds of wells. If the intent is to take conventional wells out of Title 58 or to “differentiate” or eliminate some requirements, do any of these apply? Just some? Or to what extent?

The choice of what applies and what does not is left to the Environmental Quality Board and the professionals at the Department of Environmental Protection in the rulemaking process under both Senate Bill 1378 and House Bill 2350.

Once those decisions are made in the rulemaking process, however, the language in both bills gives the conventional and unconventional oil and gas industry a new legal right to challenge the determinations made by the EQB and DEP, not just on the substance­­ what is a reasonable setback from a stream or wetland or reasonable well construction standards, but also on whether the requirement should even apply to a conventional or unconventional well.

The additional workload these changes will put on DEP staff is also a concern to PEC. It has been more than two years since Act 13 was signed into law and DEP has yet to finalize its first set of regulations to implement its provisions. We are concerned the added bureaucratic process and potential for legal challenges resulting from it will result in Pennsylvania falling further and further behind in regulating the oil and gas industry.

Potentially removing conventional gas drilling from regulation under Act 13 could leave that portion of the industry with relatively free rein to operate without appropriate regulatory oversight. This is especially troubling when one looks at the recent record of the conventional gas operators based on numbers of permit violations.

The Pennsylvania Environmental Council has previously expressed our concerns with regulating oil and gas wells based on depth of drilling and not the technology used. The statements made at the Committee meetings broaden and deepen those concerns.

We hope these issues can be addressed before the Senate and House take final action on this legislation. We believe there are simpler and more effective ways to deal with the differences between conventional and unconventional drilling than the broad language in these bills.

We would be happy to meet with you to discuss our concerns. Please contact me at 412­481­9401 if you would like to follow­up. Sincerely, Davitt Woodwell Executive Vice President Pennsylvania Environmental Council Related Stories: House, Senate Environmental Committees OK Bills Setting New Conventional Well Rules Analysis: What Regulations Apply To Oil & Gas Wells, Drilling In PA If These Bills Pass? Analysis: What Regulations Apply To Oil & Gas Wells, Drilling In PA If These Bills Pass? The Senate and House Environmental Committees this week reported out Senate Bill 1378 (Scarnati­R­Jefferson) and House Bill 2350 (Causer­R­Cameron) that their sponsors initially said were to make a logical separation of administrative, construction and environmental protection requirements between conventional and unconventional (Marcellus Shale) oil and gas wells.

But statements by the prime sponsors at the Committee meetings have raised red flags. “We erred in including conventional oil and gas wells in Act 13,” said Sen. Joe Scarnati

(R­Jefferson), prime sponsor of Senate Bill 1378, at the Senate Environmental Committee meeting Wednesday. “The intent (of this bill) is to take conventional wells back out of Act 13.”

“Conventional wells are shallow and have significantly smaller well pads. Their overall impact on the surrounding environment is far less than that of deep, Marcellus wells,” said Rep. Martin Causer (R­Cameron), prime sponsor of the House Bill. “Both types of drilling will continue to be regulated under this bill, but by differentiating between the two, we can protect against over regulation that could eventually drive shallow well producers out of business.”

What Standards Apply Then? If the intent of the bills is to remove or “differentiate” conventional well regulatory requirements

of Title 58 regulating oil and gas operations, the basic law that requires regulation of oil and gas well development, what requirements do apply to each kind of well?

Section 4 of both bills says­­ “General rule.­­ Proposed regulations and regulations promulgated by the Environmental Quality

Board under 58 Pa.C.S. (relating to oil and gas) or other laws of this Commonwealth relating to conventional oil and gas wells or unconventional gas wells shall differentiate between conventional oil and gas wells and unconventional gas wells.”

Under existing law, the permit, well construction, environmental setbacks, bonding, enforcement and other requirements of Title 58 covered both kinds of wells.

If the intent is to take conventional wells out of Title 58 or to “differentiate” the requirements, do any of these apply? Just some? Or to what extent?

The choice of what applies and what doesn’t is left to the Environmental Quality Board and the Department of Environmental Protection in the rulemaking process under Senate Bill 1378 and House Bill 2350.

New Ability To Challenge Regulations Once those decisions are made in the rulemaking process, however, the language in both bills

gives the conventional and unconventional oil and gas industry a new legal right to challenge the determinations made by the EQB and DEP, not just on the substance­­ what is a reasonable setback from a stream or wetland or reasonable well construction standards, but also on whether the requirement should even apply to a conventional or unconventional well.

These are significant questions that should be answered before the Senate and House rush to take final action on either bill. Related Stories: House, Senate Environmental Committees OK Bills Setting New Conventional Well Rules PEC Asks Sen. Scarnati, Rep. Causer To Respond To Concerns On Conventional Well Bills Add Us To Your Google+ Circle PA Environment Digest now has a Google+ Circle called Green Works In PA. Just go to your Google+ page and search for DHess@CrisciAssociates.com, the email for the Digest Editor David Hess, and let us join your Circle.

Google+ now combines all the news you now get through the PA Environment Digest, Weekly, Blog, Twitter and Video sites into one resource.

You’ll receive as­it­happens postings on Pennsylvania environmental news, daily NewsClips and links to the weekly Digest and videos. Also take advantage of these related services from Crisci Associates­­ PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from: PAEnviroDigest. PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government, including NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog.

PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol Digest Twitter feed to get instant updates on other news from in and around the Pennsylvania State Capitol. Senate/House Agenda/Session Schedule/Bills Introduced Here are the Senate and House Calendars and Committee meetings showing bills of interest as well as a list of new environmental bills introduced­­ Bill Calendars House (June 28­30): House Bill 202 (Harper­R­Montgomery) prohibiting standby water service charges for fire companies; House Bill 1684 (Everett­R­Lycoming) which seeks to clarify a minimum royalty payment in state law; House Bill 2104 (Godshall­R­Montgomery) further providing for consumer protections in variable rate electric supplier contracts; House Bill 2354 (Snyder­D­Fayette) requiring the approval of the General Assembly of any plan submitted by DEP to comply with EPA greenhouse emission reduction requirements­ sponsor summary; House Resolution 249 (Swanger­R­Lebanon) supporting increased development and delivery of oil from North American oil reserves­ sponsor summary; Senate Bill 771 (Gordner­R­Columbia) establishing the State Geospatial Coordinating Board. <> Click Here for full House Bill Calendar. Senate (June 28­30): Senate Bill 1310 (Hutchinson­R­Venango) creating the PA Grade Crude Development Advisory Council within DEP; Senate Bill 1378 (Scarnati­R­Jefferson) which would eliminate conventional wells from the Act 13 drilling law; Senate Bill 1443 (White­R­Indiana) amending the Indigenous Mineral Resources Development Act to authorized state agencies (other than DCNR) to release mineral rights whether they owned the surface rights or not; House Bill 1052 (Freeman­D­Lehigh) further authorizes uses for local recreation fees. <> Click Here for full Senate Bill Calendar. Committee Meeting Agendas This Week NOTE: It's Budget Time, so watch for lots of last minute Senate, House Committee meetings! House: the Environmental Resources and Energy Committee will meet­­ agenda to be announced, but there is speculation that House Bill 1565 (Hahn­R­Northampton) which would eliminate the requirement for forested stream buffers to control erosion and sedimentation in special protection watersheds­ sponsor summary­­ may be on the agenda. <> Click Here for full House Committee Schedule. Senate: <> Click Here for full Senate Committee Schedule. Bills Pending In Key Committees Here are links to key Standing Committees in the House and Senate and the bills pending in each­­ House

Appropriations Education Environmental Resources and Energy Consumer Affairs Gaming Oversight Human Services Judiciary Liquor Control Transportation Links for all other Standing House Committees Senate Appropriations Environmental Resources and Energy Consumer Protection and Professional Licensure Community, Economic and Recreational Development Education Judiciary Law and Justice Public Health and Welfare Transportation Links for all other Standing Senate Committees Bills Introduced The following bills of interest were introduced this week­­ Wind Turbine Study: House Resolution 925 (Rapp­R­Forest) directing the Joint State Government Commission to conduct a study on the scale and impact of wind turbines in Pennsylvania­ sponsor summary. Session Schedule (Update) Here is the latest voting session schedule for the Senate and House­­ House June 28 (non­voting), 29, 30 Senate June 28 (non­voting), 29, 30 Fall Schedule September 15, 16, 22, 23, 24 October 6, 7, 8, 14, 15 November 12

Bills On Governor's Desk The following bills were given final approval by the Senate and House and are now on the Governor's desk for action­­ Lyme Disease Task Force: Senate Bill 177 (Greenleaf­R­Montgomery) creating the Lyme Disease Task Force. A summary and House Fiscal Note are available. NewsClips: Lyme Disease Task Force Bill Awaits Gov’s Signature As Weather Heats Up, Lyme Disease Threat Increases Senate/House Bills Moving The following bills of interest saw action this week in the House and Senate­­ House General Fund Budget: House Bill 2328 (Adolph­R­Delaware) was reported from the House Rules Committee, referred into the House Appropriations Committee, amended with the first House GOP budget proposal and reported out of Committee and passed by the House. A spreadsheet showing changes between the FY 2013­14 budget is available online.

In the Senate, the bill is in the Senate Appropriations Committee. Suspending Tax Credits: House Bill 2188 (Cutler­R­Lancaster) to suspend certain tax credit programs for two years was amended on the House Floor, referred into and out of the House Appropriations Committee and passed by the House. The tax credit programs affected are the Resource Enhancement and Protection Tax Credit ($10 million per year), the Historic Preservation Incentive Tax Credit ($3 million per year), the Research and Development Tax Credit, the Community­based Services Tax Credit, the Tax Credit For New Jobs, the Mobile Telecommunications Broadband Investment Tax Credit, the Innovate in PA Tax Credit, the Keystone Special Development Zone Program, the Keystone Innovation Zone Tax Credits, the Promoting Employment Across Pennsylvania Program and certain sections of the Keystone Opportunity Zone Program. A summary and House Fiscal Note are available. The bill now goes to the Senate for action. Oil & Gas Well Production: House Bill 2278 (Pickett­R­Bradford) providing for monthly reporting of oil and gas well production was amended and reported from the House Environmental Resources and Energy Committee, referred into and out of the House Rules Committee, was then referred into and out of the House Appropriations Committee and passed by the House. A summary and House Fiscal Note are available. The bill now goes to the Senate for action.

"As this industry continues to develop, we have seen the need for monthly reporting requirements so that production reports are more comparable to monthly royalty payments," said Rep. Tina Pickett, prime sponsor of the bill. "This legislation would allow greater transparency for our landowners and provide a better understanding of production across the Commonwealth."

NewsClip: House Bill Would Require Monthly Gas Production Reports Water Well Standards: House Bill 343 (Miller­R­York) setting construction standards for private water wells was removed from the Table, referred into and out of the House Appropriations Committee and passed by the House. A summary and House Fiscal Note are available. The bill now goes to the Senate for action. Recording Of Oil & Gas Well Leases: House Bill 402 (Pickett­R­Bradford) further providing for the recording of oil and gas well leases was amended and reported out of the House Environmental Resources and Energy Committee, referred into and out of the House Rules Committee and was then referred to the House Appropriations Committee. Eliminating Conventional Wells From Act 13: House Bill 2350 (Causer­R­Cameron) which would eliminate conventional wells from the Act 13 drilling law was amended and reported out of the House Environmental Resources and Energy Committee and was referred to the House Rules Committee as all bills are this time of year. General Assembly Approval Of DEP Carbon Reduction Plan: House Bill 2354 (Snyder­D­Fayette) requiring the approval of the General Assembly of any plan submitted by DEP to comply with EPA greenhouse emission reduction requirements­ sponsor summary­­ was amended with a “deemed approved” provision where the General Assembly failed to approve DEP’s plan or where one chamber approves and the other does not and reported out of the House Environmental Resources and Energy Committee, referred into and out of the House Rules Committee and is now on the House Calendar for action. Public­Private Partnerships: House Bill 2239 (Evankovich ­R­Armstrong) which provides for public­private partnerships related to water and sewage treatment services and school construction was amended and reported from the House State Government Committee and referred to the House Rules Committee as all bills are this time of year. Stormwater Management: Senate Bill 1255 (Erickson­R­Delaware) further providing for stormwater facility funding was amended and reported out of the House Local Government Committee and Tabled. EPA Carbon Regulations: House Resolution 815 (Snyder­D­Fayette) urging the U.S. Environmental Protection Agency to development guidelines regulating carbon emissions from existing power plants that respect the primacy of the Commonwealth and take into account unique policies, energy needs and resources mix and economic priorities of Pennsylvania­ sponsor summary­­ was adopted by the House 136 to 36. ARIPPA Anniversary: House Resolution 884 (Oberlander­R­Armstrong) declaring the week of August 18­24 Anthracite Region Independent Power Producers Association Week was adopted by the House­ sponsor summary. Senate

Aggregate Advisory Board: Senate Bill 1155 (Scarnati­R­ Jefferson) establishing an Aggregate Advisory Board in DEP was passed by the Senate. A summary and Senate Fiscal Note are available. The bill now goes to the House for action. Recreation Fees: House Bill 1052 (Freeman­D­Lehigh) further authorizes uses for local recreation fees was reported out of the Senate Appropriations Committee and is now on the Senate Calendar for action. A summary and Senate Fiscal Note are available. Eliminating Conventional Wells From Act 13: Senate Bill 1378 (Scarnati­R­Jefferson) which would eliminate conventional wells from the Act 13 drilling law was amended and reported out of the Senate Environmental Resources and Energy Committee and is now on the Senate Calendar for action. Crude Advisory Council: Senate Bill 1310 (Hutchinson­R­Venango) creating the PA Grade Crude Development Advisory Council within DEP was amended and reported out of the Senate Environmental Resources and Energy Committee and is now on the Senate Calendar for action. Drilling On Other State Lands: Senate Bill 1443 (White­R­Indiana) amending the Indigenous Mineral Resources Development Act to authorized state agencies (other than DCNR) to release mineral rights whether they owned the surface rights or not was amended and reported out of the Senate Environmental Resources and Energy Committee, amended on the Senate Floor and remains on the Senate Calendar for action. News From The Capitol House, Senate Environmental Committees OK Bills Setting New Conventional Well Rules The Senate and House Environmental Resources and Energy Committees Wednesday reported out legislation that would remove conventional oil and gas wells from regulation under the 2012 Act 13 drilling law and make DEP develop separate regulations for conventional and unconventional (Marcellus Shale) wells.

“We erred in including conventional oil and gas wells in Act 13,” said Sen. Joe Scarnati (R­Jefferson), prime sponsor of Senate Bill 1378 at the Senate Environmental Committee meeting. “The intent is to take conventional wells back out of Act 13.”

There was a similar discussion about House Bill 2350 (Causer­R­Cameron) in the House Environmental Committee before both were amended to make slight changes and reported out of their respective Committees.

“When it comes to regulations, it’s very important to recognize the vast differences between conventional drilling and drilling in the Marcellus Shale,” said Rep. Martin Causer (R­Cameron), prime sponsor of the House Bill. “Conventional wells are shallow and have significantly smaller well pads. Their overall impact on the surrounding environment is far less than that of deep, Marcellus wells. Both types of drilling will continue to be regulated under this bill, but by differentiating between the two, we can protect against overregulation that could eventually drive shallow well producers out of business.”

Rep. Kathy Rapp (R­Warren) agreed saying, “I am very pleased we are moving this legislation forward for the sake of our shallow well producers and all of the people they employ. The industry has been operating in northwestern Pennsylvania for more than 150 years, and I would put the quality of our

environment up against any other in the state.” “The regulations being drafted now are exceedingly broad in an attempt to encompass both

types of drilling,” said Rep. Matt Gabler (R­Clearfield) a co­sponsor of the bill. “The development of separate regulations allows the Department of Environmental Protection to go back and look at both kinds of drilling and adopt something that is reasonable, relevant and realistic for each type of operation.”

Sen. Scott Hutchinson (R­Venango) a sponsor of the Senate Bill said, “The conventional oil industry is an important part of the regional economy in northwestern Pennsylvania – an economy that is already struggling. It cannot afford to be stymied by excessive and unnecessary regulatory burdens.

“Technological advances that have allowed for the development of previously inaccessible formations have necessitated updates and revisions to Pennsylvania’s laws and regulations governing this new unconventional ‘shale gas’ industry. Unfortunately, many regulatory and legislative changes did not recognize the significant differences between conventional and unconventional industries,” Sen. Hutchinson said. “The council created under Senate Bill 1310 would work with the DEP to ensure that the differences between the operations are taken into account as these regulations and laws are developed and implemented.”

The Senate Bill is now on the Senate Calendar for action. The House Bill was referred to the House Rules Committee as all bills are this time of year.

Reaction The Pennsylvania Environmental Council opposed both these bills because they would set

different environmental standards for conventional oil and gas wells. PEC also recommended the definition of conventional and unconventional wells should be made by technology, not by geologic formations. Both kinds of wells use fracking to increase oil and gas production, for example. Click Here for more background.

Sen. Gene Yaw (R­Lycoming) serves as Majority Chair of the Senate Environmental Resources and Energy Committee and Sen. John Yudichak (D­Luzerne) serves as Minority Chair.

Rep. Ron Miller (R­York) serves as Majority Chair of the House Environmental Resources and Energy Committee and Rep. Greg Vitali (D­Delaware) serves as Minority Chair. Related Stories: PEC Asks Sen. Scarnati, Rep. Causer To Respond To Concerns On Conventional Well Bills Analysis: What Regulations Apply To Oil & Gas Wells, Drilling In PA If These Bills Pass? House Environmental Committee OKs Legislative Approval Of Carbon Emission Plan The House Environmental Resources and Energy Committee Wednesday reported out House Bill 2354 (Snyder­D­Fayette) which requires Senate and House approval of any plan DEP submits to the U.S. Environmental Protection Agency to reduce greenhouse gas emissions from existing power plants.

“The legislation, House Bill 2354, provides a safety net for Pennsylvanians on electricity costs and reliability,” said Rep. Snyder, a member of the Environmental Resources and Energy Committee, which sent the measure to the full House for consideration by virtue of a 19­5 vote.

“The bill does not alter the proposed federal mandate to cut coal plants’ carbon dioxide emissions by 32 percent by 2030 but would enlist all stakeholders and consider all strategies as we move forward,” Rep. Snyder said. “The state plan would face approvals by the legislature before it can be submitted to the federal Environmental Protection Agency.”

Rep. Snyder said cooperation and consensus are much better strategies than assuming that the EPA will do what’s best for Pennsylvania.

“We need to explore all energy sources, technologies and options, including adopting energy efficiency programs, working in tandem with other coal states and employing the best strategies and data available,” Rep. Snyder said. “The emission curbs are coming, but Pennsylvania has a responsibility to see that they work and that they work in our best interest.”

Rep. Snyder said DEP would be required to hold public hearings across the commonwealth, including at locations that would feel direct, economic impacts from the federal regulations, before submitting a plan to the General Assembly.

"Pennsylvania’s input and unique energy blend are critical to protecting the affordability and reliability of Pennsylvania’s electricity supplies while implementing the standards," Rep. Snyder said. "Federal law provides for state input and guidance on the proposed rules, and I aim to make sure that Pennsylvania submits a plan that curbs emissions while protecting jobs, pocketbooks and power supplies.”

On Tuesday, the House overwhelmingly adopted Rep. Snyder’s House Resolution 815, which asks the EPA to accord Pennsylvania maximum flexibility in addressing the proposed emission standards.

The bill was then referred to the House Rules Committee as all bills are this time of year. Reaction The Pennsylvania Environmental Council opposed this legislation saying action was premature

given the U.S. Environmental Protection Agency has just proposed a rule on this issue and when there are so many questions unanswered about what its requirements will be.

“PEC supports informed and prompt reduction of greenhouse gas emissions from all sources and sectors across the Commonwealth, and we believe decisions should be based on purposeful analysis and deliberation,” said Davitt Woodwell, Executive Vice President of PEC in a letter to the prime sponsor Rep. Pam Snyder. “We believe House Bill 2354 will unbalance that equation and impair Pennsylvania’s ability to advance a strong and sound emissions reduction strategy, potentially forcing EPA to impose its rules directly on Pennsylvania.”

Rep. Ron Miller (R­York) serves as Majority Chair of the House Environmental Resources and Energy Committee and Rep. Greg Vitali (D­Delaware) serves as Minority Chair. NewsClips: Op­Ed: EPA’s Greenhouse Gas Rules Will Hurt Small Business Op­Ed: New EPA Carbon Rules Will Hurt PA Supreme Court Upholds Power Plant Carbon Curbs Editorial: Court Ruling On EPA Climate Rule Senate Environmental Committee OKs Crude Oil Council, State Lands Drilling Bills The Senate Environmental Resources and Energy Committee Wednesday reported out two additional bills creating a new PA Grade Crude Development Advisory Council within DEP and a second bill making a correction in the law allowing other state agencies to allow drilling on their land. The bills were­­ ­­ Crude Advisory Council: Senate Bill 1310 (Hutchinson­R­Venango) creating the PA Grade Crude Development Advisory Council within DEP­ sponsor summary­­ was amended and reported out; and ­­ Drilling On Other State Lands: Senate Bill 1443 (White­R­Indiana) amending the Indigenous

Mineral Resources Development Act to authorized state agencies (other than DCNR) to release mineral rights whether they owned the surface rights or not was amended and reported out.

The bills are now on the Senate Calendar for consideration. Sen. Gene Yaw (R­Lycoming) serves as Majority Chair of the Committee and Sen. John

Yudichak (D­Luzerne) serves as Minority Chair. House Environmental Committee OKs Bills On Gas, Oil Leasing The House Environmental Resources and Energy Committee Wednesday reported out two bills related to leasing oil and gas rights. They were­ ­­ Reporting Well Production: House Bill 2278 (Pickett­R­Bradford) providing for monthly reporting of oil and gas well production was amended; and ­­ Recording Well Leases: House Bill 402 (Pickett­R­Bradford) further providing for the recording of oil and gas well leases was amended.

House Bill 2278 was referred into and out of House Appropriations Committee and passed by the House. A summary and House Fiscal Note are available.

House Bill 402 was referred to the House Appropriations Committee. Rep. Ron Miller (R­York) serves as Majority Chair of the House Environmental Resources and

Energy Committee and Rep. Greg Vitali (D­Delaware) serves as Minority Chair. Senate Committee Hears Comments On EPA’s Proposed Carbon Reduction Reg. The Senate Environmental Resources and Energy Committee Friday held the first of two public hearings to discuss the U.S. Environmental Protection Agency’s plan to cut carbon pollution from nationwide power plants by 30 percent in 2030, compared to 2005 levels.

Earlier this month, the EPA proposed its Clean Energy Policy as part of President Barack Obama’s Action Plan to address climate change.

The hearing featured testimony from the Department of Environmental Protection’s Deputy Secretary for Waste, Air, Radiation and Remediation who oversees the Bureau of Air Quality, as well as representatives of Pennsylvania’s electric, coal and business sectors.

The hearing marked the first time state legislators addressed the proposed federal policy, which has been met with skepticism from Pennsylvania’s coal industry and business community who argue that the proposal would increase electric prices and raise the cost of doing business in the state.

Subsequently, environmentalists, including those supporting the solar and wind sectors, heralded the administration’s recent proposal.

“I think it is imperative for the committee to look at the short and long­term effects of this federal proposal on our environment and overall economy,” said Sen. Gene Yaw (R­Lycoming), Majority Chair of the Committee. “There is a real concern that this regulation could be a threat to electric reliability.”

In his opening statement, Sen. Yaw noted that while the United States has already made tremendous strides to reducing its carbon footprint, other countries have taken a different approach with increasing carbon emissions.

During his testimony, Vince Brisini, Deputy Secretary at DEP, discussed a Section 111(d) White Paper DEP submitted to EPA which provides a state framework for cleaner air, a fuel diverse energy profile, lower electric prices and more jobs.

“We (DEP) believes that there is a way to do this in a fashion that allows the markets to make these decisions. That allows people to improve their competitiveness. We believe that there is a way to do this that we can be more competitive as a nation, and we can be more competitive and it preserves the fuel diversity and the jobs,” said Brisini. “Our proposal would actually preserve the jobs in the power plants, preserve jobs in the mines. It would expand jobs because people will be investing in their assets to achieve efficiency improvements.”

John Pippy, CEO of the Pennsylvania Coal Alliance and Eugene M. Trisko, Esq. representing the United Mine Workers of America, reiterated their support for House Bill 2354, which requires DEP to receive approval from the Pennsylvania Legislature for a state plan to regulate CO2 emissions prior to submitting any plan to the EPA for approval.

“Since 2005, CO2 emissions from all fossil­fueled plants in Pennsylvania have decreased by 9 percent,” Trisko added. “EPA’s proposal gives no credit to states such as Pennsylvania that already have reduced their CO2 emissions due to market­driven forces such as increased natural gas use, or the retirement of existing coal units.”

The Committee also heard from Dan Byers, Senior Director of Policy for the U.S. Chamber of Commerce’s Institute for 21st Century Energy who highlighted a comment made by current Secretary of State John Kerry on the EPA proposal:

“[T]he United States cannot solve this problem or foot the bill alone. Even if every single American got on a bicycle tomorrow and carpooled – instead of – or carpooled to school instead of buses or riding in individual cars or driving, or rode their bike to work, or used only solar power – panels in order to power their homes; if we each, every American, planted a dozen trees; if we eliminated all of our domestic greenhouse gas emissions – guess what? That still wouldn’t be enough to counter the carbon pollution coming from the rest of the world. Because today, if even one or two economies neglects to respond to this threat, it can counter, erase all of the good work that the rest of the world has done. When I say we need a global solution, I mean we need a global solution.”

Byers further emphasized that in the absence of similar actions by other major economies, U.S. regulations to address carbon emissions will fail, something the EPA and Obama Administration are keenly aware of.

The Committee has scheduled a second hearing to discuss the federal proposal for August 21. For a complete list of testifiers, along with testimony and hearing Video/Audio, visit the Senate

Environmental Committee webpage. NewsClips: Op­Ed: EPA’s Greenhouse Gas Rules Will Hurt Small Business Op­Ed: New EPA Carbon Rules Will Hurt PA Supreme Court Upholds Power Plant Carbon Curbs Editorial: Court Ruling On EPA Climate Rule House Environmental Committee MAY Consider Bill Eliminating Stream Buffers July 2 The House Environmental Resources and Energy Committee is scheduled to meet on July 2, but the agenda has not been announced. There is speculation House Bill 1565 (Hahn­R­Northampton) which would eliminate the requirement for forested stream buffers to control erosion and sedimentation in special protection watersheds­ sponsor summary­­ will be on the agenda.

The Chesapeake Bay Foundation­PA opposes this legislation because it eliminates a cost­effective way to improve and protect water quality in Pennsylvania’s most sensitive and pristine

waterways. Click Here for more information. The meeting will start at 10:00 in Room 205 of the Ryan Building. Rep. Ron Miller (R­York) serves as Majority Chair and Rep. Greg Vitali (D­Delaware) serves

as Minority Chair. News From Around The State Franklin Kury To Receive Ralph Abele Conservation Heritage Award July 14 The Fish and Boat Commission Thursday announced it will present the Ralph W. Abele Conservation Heritage Award to former Senator Franklin Kury to recognize his lasting conservation impact as the author and champion of Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment.

The Amendment says, “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

“Arguably, this addition to the Pennsylvania Constitution stands as one of the most important pieces of environmental legislation ever passed in the state,” said PFBC Executive Director John Arway. “The incredible legacy of Article 1, Section 27, places Mr. Kury in a group of the most notable leaders in Pennsylvania’s rich conservation history.”

The award will be presented at 7 p.m. on July 14 as part of an evening event following the first day of the PFBC’s quarterly business meeting.

The evening will feature a discussion on the significance of Article I, Section 27, and will be moderated by Pete Duncan, former Secretary of the Department of Environmental Resources and former Executive Director of the Game Commission.

The session will also include a taped interview with Professor John Dernbach, Distinguished Professor of Law at Widener University and co­director of Widener’s Environmental Law Center.

The Abele Award is the highest recognition the PFBC provides to persons who distinguish themselves in the cause of conservation. The PFBC established the award to recognize citizens of Pennsylvania who have made outstanding contributions to the protection, conservation, and enhancement of the aquatic resources of the Commonwealth.

The event is open to the public and will take place at the PFBC’s office at 1601 Elmerton Avenue in Susquehanna Township. Doors open at 6:30 p.m. Free parking is available. William Penn Foundation Delaware Watershed Initiative Forming Work Groups The Coalition for the Delaware River Watershed this week announced the formation four work groups to continue the work of the Delaware River Watershed Forum held last October in Philadelphia to focus on restoration and protection issues.

The four groups: Federal Funding, Compiling a Delaware Watershed Blueprint, Fish and Wildlife Habitat and Marketing and Messaging To Build Constituencies will examine issues of interest to

organizations across the watershed to help define priorities, needs, and strategies for action. To express interest in one or more workgroups, contact Kim Beidler by sending email to:

kim.beidler@njaudubon.org or call 609­392­1182. Workgroup members are invited to participate in all calls and meetings, and will help to define and advance workgroup objectives.

The work groups are part of the Delaware River Watershed Initiative launched last year by the William Penn Foundation. In April, the Foundation also announced the investment of $35 million in projects to protect and restore water quality throughout the Delaware Basin. Perkiomen Watershed Conservancy Seeks Award Nominations Ensuring that community efforts to protect and improve the local environment are publicly acknowledged, the Perkiomen Watershed Conservancy in Montgomery County is looking for a few good people, projects and organizations to recognize with an Environmental Award.

Nominations are due July 31. “Through commitments of time, energy and resources, individuals and organizations in the

community have made a positive environmental impact at the local level. It's important that the Perkiomen Watershed Conservancy acknowledge these efforts, so we're asking for your help. By nominating someone, a project or an organization, you'll let us know about work that has made a significant contribution to improving the Perkiomen Creek Watershed or protecting local water supplies," said Board member Garrett Burch.

To be eligible for the Award, nominees or nominated projects must be located within the 362 square­mile Perkiomen Creek Watershed, comprised of all or part of 57 municipalities within Montgomery, Berks, Bucks and Lehigh Counties.

Awards will be given in several categories: Kids Making a Difference, Advocate of the Watershed, Corporate, Teaching Excellence, Preston Luitweiler Friend of the Watershed, Municipal and Land Use.

The awards will be presented at the Conservancy’s Environmental Awards Banquet and 50th Anniversary Celebration to be held October 22. All nominations will be judged by site visits or interviews performed by the Perkiomen Watershed Conservancy Events Committee. Anyone may make a nomination and all entries are encouraged.

For more details and entry form, visit the Perkiomen Environmental Award webpage or contact Susan in Outreach by calling 610­287­9383 or sending email to: outreach@perkiomenwatershed.org. June Issue Of The Catalyst Now Available From Slippery Rock Watershed Coalition The June issue of The Catalyst newsletter is now available from the Slippery Rock Watershed Coalition in Beaver, Butler, Lawrence, Mercer, Venango counties and features stories on the July 19 “Celebrate The Bloom” program at the Jennings Environmental Education Center, Clean Creek Products now available at Jennings, spotlighting volunteer Alice McLaughlin and the August 2­3 Lake Arthur Regatta. 20th PA Rivers Conservation And Fly Fishing Youth Camp A Success The 20th PA Rivers Conservation and Fly Fishing Youth Camp held at Allenberry Resort in Boiling Springs, Pennsylvania was a success! Each year the camp teaches 32

students the importance of coldwater conservation and the science behind it as well as fly fishing and fly tying.

This year eight students were from states other than Pennsylvania. The co­ed camp included two girls. While at camp the students completed a stream habitat repair project on the Yellow Breeches Creek.

At the end of camp, a student and a graduate were selected to receive one of two awards. This year the awards went to­­ ­­ Leon Chandler Award: Mike Yakich of Pittsburgh received the Leon Chandler Award for his leadership at the camp.

This award is given in memory of Mr. Chandler, a former Vice President of Cortland Line Company and Chairman of the Board of Trout Unlimited, who passed away in 2004. Leon, as he was known to the staff and students, was a great supporter of the camp. The award is given to a student who best typifies Leon’s ideals. ­­ Dr. Robert Behnke Award: Lucas Young, currently residing in the state of Washington received the Dr. Robert Behnke Award for his continued efforts in salmonid research. Lucas attended the Maine camp in 2004.

Each year this award is presented to graduates of the PA Rivers Conservation and Fly Fishing Youth Camp or any other youth camp modeled after the Pennsylvania Camp, who have gone on to further the cause of coldwater conservation.

Robert J. Behnke, Ph.D. was a Professor of Fisheries Conservation and Wildlife Biology at Colorado State University in Fort Collins, Colorado. He is the author of more than two hundred articles and papers regarding fish and fisheries and has served on numerous advisory boards for state and federal agencies.

Bob was the author of two books, Trout and Salmon of North America (The Free Press, New York, 2002) and About Trout (The Lyons Press, Guilford, CT, 2007) as well as numerous technical publications and articles in magazines and periodicals. Dr. Behnke has contributed the About Trout column to “Trout” magazine since 1983.

Dr. Behnke came to the Pennsylvania Rivers Conservation and Fly Fishing Youth Camp in the camp’s second year, 1996, at the behest of camp founders Dr. Jack Beck and Inky Moore to speak to the students as the camp’s keynote speaker. His continued presence at the camp, providing his knowledge on trout biology and salmonids around the world provided the students with world class insight about trout and salmon.

Dr. Behnke passed away in September, 2013. To honor Dr. Behnke’s memory and his efforts at the Pennsylvania Camp and coldwater and salmonid conservation in general, the award will be presented annually to a graduate of the PA Rivers Conservation and Fly Fishing Youth Camp or any camp modeled after the Pennsylvania camp.

Background On The Rivers Camp During the five day residence camp, the students are instructed in ecology, aquatic biology,

geology, hydrogeology, erosion and sedimentation control, ichthyology, riparian corridor protection, watershed management, entomology and much more. Students also participate in a hands­on stream habitat improvement project.

But it’s not all work. Fly fishing and fly tying are included. Nationally known instructors teach the students fly casting, fly tying, stream etiquette, how to “read” the water, and of course there is fishing. The camp begins on Sunday and ends the following Friday

The camp is limited to 32 selected qualified students, ages 14 to 17. The thirty­two students

were selected through an application process were expressed why they wanted to attend camp. The competition for admission is fierce.

The camp costs each student $350 for the entire week. All meals and accommodations are included for the residence camp. A student need not be an accomplished fly fisher or a budding aquatic biologist to attend. All the student needs to be is highly motivated and willing to learn.

The Rivers Conservation and Fly Fishing Youth Camp was founded in 1995 through the efforts of the late Dr. John R. “Jack” Beck and the late Enoch S. “Inky” Moore, Jr., Pennsylvania Fish Commissioner. Their goal was to select thirty­two teenagers each year who are the leaders in their class. The thought is that today’s leaders in high school become the leader of tomorrow’s communities.

In a few short years they will be the bankers, lawyers, realtors, municipal officials and the leaders in their communities. If the camp can implant a kernel of knowledge in today’s students about the importance of clean water, when those students become the decision makers in their communities it may have a positive impact on how water resources are used.

Alumni are welcome to attend the Thursday evening picnic and share their experiences since they attended camp.

The highly successful camp has been emulated in Michigan, North Carolina, Maine, Montana, Washington, Arkansas, New Hampshire, Colorado, New Jersey, New York, Idaho, Illinois, Oregon, Tennessee, Vermont and Virginia/D.C./Maryland/West Virginia with other states looking to start their own programs.

For more information, visit the PA Rivers Conservation and Fly Fishing Youth Camp website.

PA Resources Council Looking For Volunteers For ReUseFest, HHW Event The PA Resources Council is looking for volunteers to help with the June 28 ReUseFest in Mt. Lebanon, near Pittsburgh and a household hazardous waste collection event on July 12 at California University in California, PA.

To volunteer for the ReUseFest, contact Sarah Shea at 412­488­7490 ext. 236 or send email to: saraha@prc.org to sign up! Breakfast and lunch will be provided.

To volunteer for the July 12 HHW collection event, contact Michael Stepanik at 412­488­7490 ext. 213 or send email to: michaels@prc.org to sign up! Volunteers will receive breakfast and lunch and free HHW disposal (up to 10 gallons ­ a $20 value). Keep York Beautiful Partners In The Litter Letter Project Keep York Beautiful recently participated in a progressive art project designed to engage people in being thoughtful about the trash and litter in their environment and its impact.

The Cultural Alliance of York County, York College of Pennsylvania, Working Class York, the City of York and Keep York Beautiful brought the Litter Letter Project, created by graphic designer and educator Rachael Hatley as a tool for social change to address the litter collected daily in front her property along the highway in Louisiana, to York.

The Litter Letter Project is a 3D messaging system

of six­foot tall letters constructed from chicken wire and rebar, filled with litter collected from roads and highways, and displayed in public places to provoke response, thought and action.

The trash to fill the letters spelling ‘CHANGE’ came from several cleanups held in the City of York. Those participating in local cleanups include: York College, The Parliament, Cub Scout Pack #822, Shadowfax Corporation, York Academy Regional Charter School’s second grade class and York City Public Works.

The art is displayed at the intersection of South George and Rathton Road in York through the end of August. Volunteers helped to fill the letters with trash on­site.

Rachel Hatley is the Keynote Speaker for the Cultural Alliance of York’s Impact Arts & Culture Conference being held at York College of Pennsylvania on June 27. July 1 Hearing On Cleanup Plan For Former Tunnelton Liquids Site, Indiana County The Department of Environmental Protection is moving to halt the potential uncontrolled release of untreated water and sludge from the former Tunnelton Liquids Company (TLC) site in Tunnelton, Indiana County.

TLC treated leachate from a coal refuse disposal area and wastewater from oil and gas drilling activities. The company halted operations on April 17, 2014. With no activity at the facility, untreated water and sludge is accumulating in a pond on the site which could overflow into the Conemaugh River. There is additional concern that residue found in parts of the site may contain hazardous substances

Using the authority of the Hazardous Sites Cleanup Act (HSCA), DEP has initiated a response at the Tunnelton company site. The agency believes that there is an imminent threat to human health and the environment if the water and sludge from a pond on the site were to overflow into the river.

DEP has developed a plan designed to prevent an uncontrolled discharge into the river. A public hearing has been scheduled for July 1 at 6:30 p.m. at the Tunnelton Volunteer Fire

Department located at 76 East 3rd Ave., Saltsburg, Pa. Members of the public will have an opportunity to provide testimony at the hearing. Those

wishing to make comments should register in writing with Community Relations Coordinator John Poister in care of DEP’s Southwestern Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222, or by phone at 412­442­4203 before noon on the day of the hearing. There will also be an opportunity to register on­site on the evening of the hearing.

Those unable to attend the hearing should submit written comments to Terry Goodwald, Project Manager, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. The public comment period for this cleanup plan will close August 22, 2014. Video Of June 26 DEP Oil And Gas Technical Advisory Board Meeting To Be Online Two webinars and a YouTube video of the June 26 meeting of the DEP Oil and Gas Technical Advisory Board will be available on DEP's website for on­demand viewing.

The board meeting featured two discussions of interest to the public and regulated community. The morning session of the meeting featured a discussion of the comments received from more than 24,000 individuals on proposed new regulations regarding surface activities related to oil and gas well development.

The Proposed Rulemaking: Environmental Protection Performance Standards at Oil and Gas Well Sites (25 Pa. Code Chapter 78 Subchapter C), would set new requirements related to oil and gas

operations to ensure increased protection of public health, safety and the environment. A webinar on the discussion will be posted here.

In addition, a video of the morning session will be posted to DEP's YouTube Channel. The afternoon session of the meeting featured a discussion of concepts for an new rulemaking

related to casing, cementing, and plugging of oil and gas wells (25 Pa. Code Chapter 78 Subchapter D). That webinar will be available here.

Information about the proposed rulemaking including transcripts of previous public hearings and webinars, is available on DEP’s Oil and Gas Surface Regulations webpage.

Copies of available handouts from the meeting are on the Oil and Gas Technical Advisory Board webpage. (Reprinted from the June 26 issue of DEP News. Click Here to sign up for your own copy or to read back issues.) Philadelphia Gas Works Unveils Fleet Of Natural Gas Vehicles DEP Secretary E. Christopher Abruzzo was on hand on June 18 for the unveiling of Philadelphia Gas Works' new fleet of natural gas powered sedans.

"I would like to congratulate PGW for making this decision to use compressed natural gas, an abundant, affordable, clean­burning, domestic fuel that is helping to put Pennsylvania and this country on a path to energy independence," Abruzzo said.

The fleet includes 24 Honda Civic sedans, designed and built to run solely on Compressed Natural Gas (CNG). CNG­powered vehicles reduce emissions of the most harmful pollutants, as well as of carbon monoxide, by more than 90 percent. In addition, natural gas vehicles emit 13­to­21 percent fewer greenhouse gases than comparable gasoline and diesel vehicles.

In 2013, the DEP awarded $10 million in grants through its Alternative Fuels Incentive Grant (AFIG) program. PGW received $240,000 from the AFIG program.

To learn more about PGW’s commitment to expanding the NGV market, available grants and technology, visit the Philadelphia Gas Works website. (Reprinted from the June 26 issue of DEP News. Click Here to sign up for your own copy or to read back issues.) PA Energy Development Authority Funding Workshops in Northcentral PA July 14­17 The Department of Environmental Protection invites non­profit corporations, schools, colleges and universities, and local governments, public corporations, for­profit businesses and authorities to attend one of three PA Energy Development Authority funding workshops in northcentral Pennsylvania.

The workshops will be held from 10 a.m. until noon, at the following locations: — July 14, at the Centre County Recycling and Refuse Authority Interpretive Center, 253 Transfer Road, Bellefonte, Centre County; — July 16, at the Northumberland County Administration Center, 399 S. 5th St., Sunbury, Northumberland County; and — July 17, at DEP’s Northcentral Regional Office, 208 W. 3rd St., Williamsport, Lycoming County.

On June 12, Gov. Corbett announced an estimated $12.5 million is now available through

PEDA to provide funding for the deployment of advanced energy projects and for businesses interested in locating or expanding their alternative energy manufacturing or production operations in the Commonwealth.

PEDA anticipates awarding approximately $10 million for renewable energy projects such as wind, hydropower, solar, and biomass, along with demand management measures including energy recovery, energy efficiency, and load management.

This is the first financial assistance offering since 2010 by PEDA, an independent public financing authority created in 1982. The authority's mission is to finance advanced energy projects in Pennsylvania.

The free informational workshops, all with the same content, are being held to assist potential applicants learn more about PEDA funding eligibility and requirements. Presentations will include a demonstration of the online eGrants application process.

The deadline to apply for grant money is August 15. Seating is limited and the deadline to register is July 10. To register, please provide attendee’s

name, organization, email, and workshop date to DEP Northcentral Energy Manager Michelle Ferguson, by sending email to: miferguson@pa.gov, or by calling 570­327­3783.

For more information and to apply for the grants, visit the PA Energy Development Authority webpage. DEP Extends Deadline For Clean Diesel Grant Program To July 11 The Department of Environmental Protection has extended the deadline for applications for the Pennsylvania Clean Diesel Grant Program until July 11. (formal notice)

The Department is seeking applications for projects that will replace, repower or retrofit fleet diesel­powered highway and nonroad vehicles.

Funding is available for public and private entities that operate diesel­powered fleets throughout this Commonwealth. These entities may include school districts, municipal authorities, political subdivisions, other State agencies, nonprofit entities, corporations, limited liability companies or partnerships incorporated or registered in this Commonwealth.

Projects must use technologies certified or verified by the EPA or the California Air Resources Board to lower diesel emissions. The technology may be a single technology or a combination of available technologies. The majority of the fleet's annual operation time must occur within this Commonwealth.

For more information, visit DEP’s Diesel Retrofit Information webpage. Lancaster Receives Sustainable Community Certification From PA Municipal League The City of Lancaster received the Sustainable Pennsylvania Community Certification under the PA Municipal League’s new statewide program.

Last week, PML announced the initiative designed for municipalities that are working to save money, conserve resources, and serve vibrant communities.

The League administered program is a free, voluntary online certification system that provides a structure and performance platform for recognition of municipalities as they embrace sustainable policies and programs.

Lancaster is recognized at the Gold level of certification for meeting the program's rigorous

performance criteria, which tracks 131 policies and practices that define a sustainable community. “Planning for the present and the future requires a sustainable approach.

To be recognized as a Gold Sustainable PA Community is an honor, but it is also a challenge to do more,” said Lancaster Mayor J. Richard Gray. “Sustainable communities are attractive to current and future residents and businesses. ‘Sustainable’ equates with ‘successful’.”

In earning the Gold certification, Lancaster is acknowledged for its progress in addressing such areas as community design and land use, energy efficiency, health and wellness, mitigating blight, intergovernmental cooperation, recycling and waste reduction, fiscal controls, and internal management and operations.

“The City of Lancaster, under the leadership of Mayor Gray, has been a leader in innovation and progressive local government practices. It is fitting they would be the first municipality to achieve Gold status via this new PML initiative, Sustainable PA,” said PML Executive Director Richard J. Schuettler.

Details regarding how Lancaster City is addressing these areas and information about their certification performance can be found on the certification program’s webpage.

Other communities certified under the program include: — Gold Certification: Baldwin Borough, Connellsville City, Cranberry Township, Dormont Borough, Forest Hills Borough, Lancaster City, Latrobe Borough, Monaca Borough, Moon Township, Municipality of Penn Hills, Scott Township, Upper St. Clair Township; — Silver Certification: Edgewood Borough, Etna Borough, Findlay Township, Heidelberg Borough, Millvale Borough, Mt. Lebanon, Peters Township, West Homestead Borough; — Bronze Certification: Sharpsburg Borough, Swissvale Borough, Tarentum Borough; and — Associate Certification: Collier Township, East McKeesport Borough, Harmony Borough, Harrison Township.

Click Here for descriptions of each of the communities. A Sustainable Pennsylvania Community Certification is intended to bring recognition to

municipalities that are applying the policy and practice of sustainability as their way of operating in order to advance community prosperity. It also serves as a mechanism for sharing best practices for creating a more sustainable Pennsylvania. PEMA Fire Company, Volunteer Ambulance Services Grants Due Oct. 23 The PA Emergency Management Agency is now accepting applications for Fire Company and Volunteer Ambulance Services Grants through October 23. (formal notice) Click Here for more information. DEP Offers Online Refresher Training Program For X­Ray Equipment Operators The Department of Environmental Protection Monday announced it has partnered with a professor of health physics from Bloomsburg University to develop refresher training materials for operators of X­ray equipment who conduct low­risk procedures such as general radiography and dental X­rays.

“Continued radiation protection training can reduce the number and seriousness of accidents associated with X­ray usage,” DEP Bureau of Radiation Protection Director Dave Allard said. “So it is important that X­ray operators retain and further develop their skills to continuously improve safety practices and protect patients and public health.”

DEP regulations require operators to document that they have completed a recommended two contact hours or four units of continuing education every four years in specialized subject areas such as sources of radiation exposure and methods of protection. The subject areas should be applicable to the procedures they perform and equipment they use.

Generic training materials for low­risk procedures have been developed for DEP by a Bloomsburg University professor of health physics to assist X­ray equipment registrants in ensuring the continuing education regulatory requirements are met for the safe operation of X­ray systems.

Included in the refresher training materials posted online are a fact sheet, PowerPoint presentation and associated training notes that can be downloaded at no cost.

The refresher training program is available to X­ray equipment operators on DEP’s website by going to the X­ray Refresher Training webpage.

For additional information, contact DEP’s Bureau of Radiation Protection at 717­787­3720. June 26 DEP News Now Available The June 26 issue of DEP News is now available from the Department of Environmental Protection featuring stories about the new Chesapeake Bay Agreement, the Commonwealth suing major oil companies for MTBE damages, upcoming PA Energy Development Authority workshops and more. Click Here to sign up for your own copy or to read back issues. PA Horticultural Society Offers Tree Tender Training This Fall In Southeast The PA Horticultural Society is offering a full schedule of Tree Tender training sessions this Fall in the Southeast to teach residents of the 5­county Philadelphia area how to plant and care for trees in their communities. Click Here for the full schedule of training sessions and registration information. Volunteer Groups Host Free Concerts, Festivals In PA’s State Parks From Bluegrass Concerts and Biathlons to Star Parties, Festivals and even a Pioneer Frolic, the volunteer groups with PA Parks and Forest Foundation are hosting on a wide variety of free events at Pennsylvania’s state parks and forests this summer.

These FREE events are designed to engage audiences of all ages, bringing the public out to the parks to celebrate the treasure of Pennsylvania’s 120 state parks and 2.2 million acres of forest land.

“We applaud the work of our Friends groups to connect people to the outdoors through a wide variety of events. With so many options, there is no excuse to stay home,” said PPFF President Marci Mowery.

Best of all, Mowery says, these events are open to the public free of charge – a great resource for families with limited incomes to enjoy the outdoors together.

There are 36 active volunteer “Friends” groups working under PPFF’s umbrella in state parks and forests across the state, doing everything from trail maintenance and educational programming to fundraising for playgrounds and park benches.

PPFF Friends Groups Events for Summer 2014 ­­ June 26­29: Star Party, Cherry Springs Dark Sky Association ­­ June 28­29: Pioneer Frolic, Friends of Goddard State Park ­­ July 4­6: Birthday Party Weekend, Friends of Prince Gallitzin State Park

­­ July 6: Music on the Mountain (Erica Lyn Everest & Second Time Thru), Friends of Kings Gap EEC ­­ July 12: Music in the Gap at Cowans Gap State Park (The Positronic Cats), sponsored by PPFF ­­ July 19­20: 29th Summer Festival, Friends of Black Moshannon State Park ­­ August 2­3: Old Home Days with the Friends of Greenwood Furnace Park ­­ August 3: Laurel Hill Adventure Race, Friends of Laurel Hill State Park ­­ August 3: Music on the Mountain with Walt Crider & the Old Time Way and Baileys Crossing, Friends of Kings Gap Environmental Education Center ­­ August 8­10: Christmas in Summer at the Campground, Friends of Prince Gallitzin State Park ­­ August 9: Biathlon, Friends of Oil Creek State Park ­­ August 9: Music in the Gap with Misty Mountain at Cowans Gap State Park, sponsored by PPFF ­­ August 16­17: Music at the Marina, Friends of Goddard State Park ­­ August 16­17: Bluegrass Festival, Friends of Laurel Hill State Park ­­ August 16­17: CCC Reunion and Festival, Promised Land State Park ­­ August 17: Disc Golf Tournament, Friends of Canoe Creek State Park ­­ August 22­24: Black Forest Star Party, Cherry Springs Dark Sky Association ­­ August 24: Youth Field Day, Friends of Mt. Pisgah State Park ­­ August 30­September 1: Camper Appreciation Weekend, Friends of Prince Gallitzin State Park ­­ September 6: Military & Families Appreciation Day, Pennsylvania Parks & Forests Foundation ­­ September 6­7: Music in the Mountains, Friends of Ohiopyle State Park

For a complete list of concerts, festivals and other Friends Group events at Pennsylvania state parks and forests this summer, visit the PPFF Events Calendar webpage. June 25 Resource Newsletter Now Available From DCNR The June 25 issue of the Resource newsletter is now available from the Department of Conservation and Natural Resources. Click Here to read a copy and to sign up to receive your own (at the bottom of the webpage). Statewide Survey Of Reptiles, Amphibians Underway In PA Maybe you regularly cross paths with a wood turtle or two while heading back to that favorite brook trout stream tucked away in the hardwoods.

Or perhaps you keep uncovering redback salamanders while removing that decaying woodpile from the back yard.

And then there’s that errant Northern ring­necked snake that seems to delight in checking out your garage.

Live in Pennsylvania and you see your share of reptiles and amphibians. Enjoy its outdoors and you see lots of them. But what exactly are you seeing—and when and where are you seeing them? There is a cadre of dedicated folks who want to hear what you’re seeing.

Enter the ongoing PA Amphibian and Reptile Survey or PARS. Think of it as an informal census by scientists to take the pulse of all that dart, hop, paddle, plod and slither into your outdoors world. It is an important state­sponsored atlas project launched in 2013.

PARS is designed to determine the distribution and status of all amphibians and reptiles throughout Pennsylvania, building upon previous atlas efforts and combining modern technology with an

army of volunteer citizen scientists. The project is a joint venture by the Fish and Boat Commission and the Mid­Atlantic Center for

Herpetology and Conservation. It is funded by the commission, through its U.S. Fish & Wildlife Service State Wildlife Grants Program, and DCNR, through its Wildlife Resources Conservation Program.

“It is a project that you can participate in by keeping track of any amphibians or reptiles that you see in the field during your daily work duties, outdoors recreation or time spent in your back yard,” said Aura Stauffer, wildlife biologist with the Bureau of Forestry’s Ecological Services Section. “Even if you have no idea what the species is, just take a picture. Besides a picture as a voucher, you will also need to document the coordinates for where the species was found and some basic habitat information.”

The PARS website asks all the data you will need to know. There is also a mobile phone app that can be used in the field to immediately report data in places where there is good cell phone service. Data for sensitive species—threatened or endangered—will not be available for the public to view.

“We are hoping more folks will participate in this most worthy endeavor and pass information along to others across the state who may be interested in helping out,” Stauffer said. “Everyone’s help is invaluable.” (Reprinted from the June 25 issue of the DCNR Resource newsletter. Click Here to read a copy and to sign up to receive your own (at the bottom of the webpage.) PUC Chair Robert Powelson Elected President Of Regional Utility Commission Group Public Utility Commission Chairman Robert F. Powelson Wednesday was sworn in as President of the Mid­Atlantic Conference of Regulatory Utilities Commissioners.

“I’m thrilled to expand my role with MACRUC and continue to work toward advancement and uniformity of public utility regulation throughout the Mid­Atlantic region,” said Chairman Powelson. “It’s important to work with other state public utility commissions and federal departments to collaborate, enhance and support the public interest and our industry. I’m honored to have been chosen to lead this organization.”

Chairman Powelson served as First Vice President of MACRUC from June 2013 until his recent election. He has been highly active with the organization since taking office as a PUC Commissioner in 2008.

In addition to his role with MACRUC, Chairman Powelson serves as the chair of the National Association of Regulatory Utility Commissioners Committee on Water. In addition, he has been appointed to represent that committee on NARUC’s Task Force on Climate Policy. He also is a member of the NARUC Committee on Critical Infrastructure and a member of the NARUC Subcommittee on Nuclear Issues­Waste Disposal.

Chairman Powelson has served on the Pennsylvania PUC since June 2008, when he was first nominated by Gov. Edward G. Rendell to fill the remainder of an unexpired term. The Senate unanimously confirmed Chairman Powelson to serve as Commissioner in June 2008, and he was re­nominated by Gov. Rendell for a full five­year term on Feb. 12, 2009, once again being unanimously confirmed by the Senate.

In February 2011, Gov. Tom Corbett appointed Powelson PUC Chairman, and his re­nomination for a second five­year term was unanimously confirmed in March 2014. His term will expire April 1, 2019.

Chairman Powelson also serves as a member of the Marcellus Shale Advisory Commission and

previously served as President of the Chester County Chamber of Business & Industry from 1994 to 2008.

Chairman Powelson holds a Bachelor of Administration degree from St. Joseph’s University and a Master of Governmental Administration degree from the University of Pennsylvania, with a concentration in public finance. In 2013, Chairman Powelson was nominated to serve on the Board of Trustees at Drexel University. NewsClips: Media, PUC Head To Court Over Open Records Issue State Bill Would Further Protect Electric Customers Editorial: Don’t Let Price Gougers Off Hook Covanta's Waffenschmidt Reappointed To DEP Environmental Justice Advisory Board Covanta Thursday announced John G. Waffenschmidt, Vice President of Environmental Science and Community Affairs, has been reappointed to the DEP Environmental Justice Advisory Board.

The EJAB is charged with overseeing the implementation of DEP's Enhanced Public Participation Policy to protect the health of local communities, especially communities with the greatest concentration of environmental risks.

Among the group's objectives is to ensure that the DEP maintains a proactive approach to Environmental Justice within the state, and increase the level of environmental monitoring in low­income and minority communities.

"I'm thrilled to have been reappointed to the EJAB and to continue our work serving the citizens of Pennsylvania," said Waffenschmidt. "At Covanta, we recognize our responsibility to address the concerns of the communities in which we operate and to raise awareness for EJ issues, such as those reviewed in the EJAB."

Covanta's Energy­from­Waste facilities provide a safe and sustainable waste disposal method that is superior to landfills, reduces greenhouse gases and produces clean, renewable energy from solid waste.

The company continues to work to address the needs of communities by maintaining healthy relationships and constructive interaction with community leaders, clients and others interested in facility operations.

Covanta is one of only a few publicly traded companies which have adopted a comprehensive EJ policy.

"We truly value John's tremendous experience and obvious passion for addressing environmental justice issues and encouraging the cooperation of industries and communities," said DEP Secretary E. Christopher Abruzzo. "We look forward to his continued involvement and greatly appreciate his dedicated service to the Commonwealth."

Covanta owns or operates five energy­from­waste facilities in Pennsylvania in Dauphin, Delaware, Lancaster, Montgomery and York counties.

In addition to his work at Covanta, Waffenschmidt also serves the Product Stewardship Institute Advisory Council, the Regional Plan Association, Long Island Chapter, and was a member of the original workgroup that helped establish the PA EJAB.

He also participates in different policy forums and gives lectures related to sustainability. His second consecutive two­year term will extend through 2016.

EPA’s Regina Poeski Wins Prestigious Award For Protecting Wetlands Regina Poeske, a resident of Doylestown, Montgomery County, and the Wetlands Ecologist for the U.S. Environmental Protection Agency, received the Edward T. “Red” Heinen Wetlands Award, EPA’s most prestigious national award recognizing superior work to protect wetlands.

The award is named after a highly respected leader from the formative years of EPA’s Wetlands Program. It is presented annually to the person from EPA’s nationwide Wetlands Program who best exemplifies the high standards and personal dedication to wetlands protection that characterized Red’s years with EPA. It acknowledges those people whose work and attitude best contributes to EPA’s environmental and public service goals.

“Regina is a tireless champion of wetlands protection here in the mid­Atlantic region, and her expertise is often requested during the development of national wetlands protocols,” said EPA Regional Administrator Shawn M. Garvin. “Her scientific knowledge, leadership abilities and consensus­building skills have helped minimize negative impacts to wetlands in every corner of our region.”

During her 25­year tenure at EPA, Regina has served on national teams on emerging issues in data analysis, participated in national pilot projects aimed at assessing the impacts to wetlands, tackled contentious wetland issues, and worked to make sure that environmental justice issues were addressed in EPA’s work.

“I have a passion for wetlands and for working with cutting edge researchers to integrate science into our practical management of wetlands,” Regina said.

Highlights of Regina’s career include the King William Reservoir in Virginia, and critical support to the National Wetlands Monitoring and Assessment Program.

She has provided environmental impact analysis training internationally to the African nations of Mali, South Africa and Morocco. Regina has also educated foreign students invited to the U.S. for wetlands training.

Poeske is a 1981 graduate of Archbishop Wood High School in Warminster, and a 1985 graduate of Stockton State College in Stockton, N.J. where she received a bachelor of science degree in Marine Science. Your 2 Cents: Issues On Advisory Committee Agendas This section gives you a continuously updated thumbnail sketch of issues to be considered in upcoming advisory committee meetings where the agendas have been released July 1­­ NEW. DEP hearing on Tunnelton Liquids Company Hazardous Waste Site, Indiana County. Tunnelton Volunteer Fire Department, 76 East 3rd Ave., Saltsburg. 6:30. (formal announcement) July 9­­ CANCELED. DEP Sewage Advisory Committee meeting. Room 105 Rachel Carson Building. 10:30. (formal notice) July 9­­ Agenda Released. DEP Technical Advisory Committee on Diesel­Powered Equipment meeting. Fayette County Health Center, Uniontown. 10:00. ­­ Irwin Car, Equipment Dynamometer ­­ Section 412(b) training for miners ­­ Interpretation of Policy Manual

­­ Rhomac Microtraxx component change <> Click Here for available handouts July 15­­ Environmental Quality Board meeting. Room 105 Rachel Carson Building. 9:00. July 15­­ DEP Citizens Advisory Council meeting. Room 105 Rachel Carson Building. 10:00. July 16­­ CANCELED. DEP Water Resources Advisory Committee meeting. Room 105 Rachel Carson Building. 9:30. July 23­­ DEP Small Business Compliance Advisory Committee meeting. 12th Floor Conference Room, Rachel Carson Building. 10:00. July 30­­ DCNR Natural Gas Advisory Committee meeting. LTBA. August 5­­ DEP Environmental Justice Advisory Board meeting. Delaware Room, Rachel Carson Building. 8:30. August 7­­ DEP Air Quality Technical Advisory Committee meeting. Room 105 Rachel Carson Building. 9:15. August 12­­ DEP Climate Change Advisory Committee meeting. Room 105 Rachel Carson Building. 10:00. August 20­­ DEP Agricultural Advisory Board meeting. DEP Southcentral Regional Office, 909 Elmerton Ave., Harrisburg. 10:00. September 9­­ CANCELED. DEP Board Of Coal Mine Safety meeting. DEP Cambria Office, 286 Industrial Park Road, Ebensburg. 10:00. (formal notice) September 10­­ NEW. DEP Sewage Advisory Committee meeting. Room 105 Rachel Carson Building. 10:30. (formal notice) September 24­­NEW. DEP Board Of Coal Mine Safety meeting. DEP Cambria Office, 286 Industrial Park Road, Ebensburg. 10:00. (formal notice) October 15­­ DEP Cleanup Standards Scientific Advisory Board. 14th Floor Conference Room, Rachel Carson Building. 9:00. Visit DEP’s new Public Participation Center for information on how you can Be Informed! and Get Involved! in DEP regulation and guidance development process. Click Here for links to DEP’s Advisory Committee webpages. DEP Calendar of Events

Add Green Works In PA To Your Google+ Circle Grants & Awards This section gives you a heads up on upcoming deadlines for awards and grants and other recognition programs. NEW means new from last week. June 30­­ Sustainable Energy Fund Zero Percent Financing Program June 30­­ DEP Alternative Fuel Vehicle Rebate Program June 30­­ PennDOT Multi­Modal Transportation Projects June 30­­ DCNR Wild Resource Conservation Grants June 30­­ PA Horticultural Society Gardening And Greening Contest July 1­­ Northeast PA Environmental Partners Leadership Awards July 3­­ PROP 2014 Recycling Film Festival July 11­­ DEP Growing Greener Watershed Restoration Grants July 11­­ EXTENDED. DEP Clean Diesel Grant Program July 11­­ CFA Alternative and Clean Energy Program July 11­­ CFA Renewable Energy Program July 11­­ CFA High Performance Building Program July 14­­ ARIPPA Abandoned Mine Reclamation Grants July 21­­ CFA Sewage Facilities Program July 21­­ CFA Abandoned Mine Drainage Abatement July 21­­ CFA Watershed Restoration Protection July 21­­ CFA Baseline Water Quality Data Program July 21­­ CFA Greenways, Trails and Recreation July 21­­ CFA Orphan or Abandoned Well Plugging July 21­­ CFA Flood Mitigation Program July 31­­ NEW. Perkiomen Watershed Environmental Awards August 15­­ DEP Section 902 Recycling Grants August 15­­ PA Energy Development Authority Clean Energy Funding August 15­­ PA House Authority Marcellus Housing Funding RFP September 3­­ PPFF 2014 Photo Contest September 19­­ Southeast PA TreeVitalize Watershed Grants September 22­­ CFA Alternative and Clean Energy Program September 22­­ CFA Renewable Energy Program September 22­­ CFA High Performance Building Program October 23­­ NEW. PEMA Fire Company & Ambulance Services Grants October 31­­ Hawk Mountain Sanctuary Digital Photo Contest October 31­­ PRC Lens On Litter Photo Contest ­­ Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial assistance for environmental projects.

Add Green Works In PA To Your Google+ Circle Budget/Quick NewsClips Here's a selection of NewsClips on environmental topics from around the state­­ June 26 issue of DEP News June 25 DCNR Resource Newsletter Budget GOP Leaders Shoot For On­Time, No New Taxes Budget Lawmakers Work On Budget Through Weekend Lawmakers Scramble To Beat Budget Deadline Closure On Budget Still Seems Days Away House Passes State Budget On To Senate House Passes GOP­Crafted State Budget Plan House Budget Counting On Privatization, Plan Fizzles In Senate Senators Discussing Mix Of Taxes To Bridge Budget Gap House Panel Approves GOP Budget Bill House Committee Approves $29.1 Billion Budget House GOP Propose Leaner Budget Than Corbett Economic Developers: Don’t Cut Our Tax Credits Budget Deficit Could Lead Corbett To Severance Tax Op­Ed: Severance Tax? No Thanks, I’ll Pass PA Weighs New Tax On Natural Gas Drilling New Energy Taxes Threaten PA’s Economic Recovery More Farmland Preserved, But Long Backlog Remains Lancaster Lawmakers Urged To Protect Farmland Preservation $$ Other DEP Concerns With Keystone Landfill Expansion Editorial: Pittsburgh Must Get Tough On Illegal Dumping Media, PUC Head To Court Over Open Records Issue State Bill Would Further Protect Electric Customers Editorial: Don’t Let Price Gougers Off Hook DEP: HBG Scrap Yard Fire Not Toxic Company Responds To Deceptive Electricity Marketing Charges Education For Schools On Saving Energy Companies Present Technology At Allegheny Solar Festival Supreme Court Upholds Power Plant Carbon Curbs Editorial: Court Ruling On EPA Climate Rule Op­Ed: EPA’s Greenhouse Gas Rules Will Hurt Small Business Op­Ed: New EPA Carbon Rules Will Hurt PA Reactor Shutdown At PPL Plant PA Infrastructure Grade: C Minus Park To Rise On Forlorn Delaware Pier In Philly Greenway Sojourn Stops In Connellsville

Editorial: Open Space Worth Cost More Farmland Preserved, But Long Backlog Remains Lancaster Lawmakers Urged To Protect Farmland Preservation $$ As Weather Heats Up, Lyme Disease Threat Increases Game Commission Collects Recipes For Cookbook Kids Learn The Art Of Fly Fishing Bill Would Authorize Semi­Automatic Weapons For Hunting Regal Fritillary Butterfly Tours At Fort Indiantown Gap ­­ DEP’s NewsClips webpage ­ Click Here Add Green Works In PA To Your Google+ Circle Marcellus Shale NewsClips Here are NewsClips on topics related to Marcellus Shale natural gas drilling­­­ Budget Deficit Could Lead Corbett To Severance Tax Op­Ed: Severance Tax? No Thanks, I’ll Pass New Energy Taxes Threaten PA’s Economic Recovery Rail Safety Legislation In Limbo In U.S. Senate Shell Cracker Plant Could Be Big Emitter House Bill Would Require Monthly Gas Production Reports Chinese Shale Gas Delegation Visits Western PA Oil Fields May Be Fountain Of Youth For Western PA CCAC Campus To Offer Energy Courses Lackawanna College Touts Drilling Programs Financial/Other States EPA Withholding Report On Earthquakes, Disposal Wells Add Green Works In PA To Your Google+ Circle Flooding/Watershed NewsClips Here are NewsClips on watershed topics from around the state­­ Flooding Agnes Flood Documentary Back In Works Other Watershed NewsClips EPA Takes Issue With Stormwater Plans EPA: 85 PA Towns Must Improve Stormwater Time Running Out For Communities On Stormwater Plans Lawmakers Urge Court To Block Chesapeake Bay Cleanup Corbett Joins Other Governors In Protecting Chesapeake Bay

Thousands Attend Riverfest In Wyoming Valley Wilkes­Barre Riverfest Takes Educational Tone PA Congressmen Back Effort To Reduce Oversight Over Waterways Op­Ed: Farm Bureau Badly Mistaken On EPA Water Rule RiverQuest, Rivers Of Steel Heritage Mull Merger Add Green Works In PA To Your Google+ Circle Regulations, Technical Guidance & Permits The DEP Board of Coal Mine Safety published notice of final regulations setting requirements for high­voltage continuous mining machines. The Environmental Quality Board published notice of final regulations setting emission limits for flexible packaging printing presses, adhesives, sealants, primers and solvents. Pennsylvania Bulletin ­ June 28, 2014 Proposed Regulations Open For Comment ­ DEP webpage Proposed Regulations With Closed Comment Periods ­ DEP webpage DEP Regulatory Agenda ­ DEP webpage Technical Guidance & Permits The Governor’s Office published formal notice of Executive Order 2014­05 on the Leasing of State Forest and State Park Land for Oil and Gas Development. The Department of Conservation and Natural Resources published notice of execution of an oil and gas lease for publicly­owned streambeds in Butler and Greene counties (PA Bulletin, page 3929). Technical Guidance Comment Deadlines ­ DEP webpage Recently Closed Comment Periods For Technical Guidance ­ DEP webpage Technical Guidance Recently Finalized ­ DEP webpage Copies of Final Technical Guidance ­ DEP webpage Visit DEP’s new Public Participation Center for information on how you can Be Informed! and Get Involved! in DEP regulation and guidance development process. Add Green Works In PA To Your Google+ Circle Calendar Of Events Upcoming legislative meetings, conferences, workshops, plus links to other online calendars. Meetings are in Harrisburg unless otherwise noted. NEW means new from last week. Go to the online Calendar

webpage. NOTE: It's Budget Time, so watch for lots of last minute Senate, House Committee meetings! July 1­­ NEW. DEP hearing on Tunnelton Liquids Company Hazardous Waste Site, Indiana County. Tunnelton Volunteer Fire Department, 76 East 3rd Ave., Saltsburg. 6:30. (formal announcement) July 2­­ NEW. House Environmental Resources and Energy Committee will meet­­ agenda to be announced. House Bill 1565 (Hahn­R­Northampton) which would eliminate the requirement for forested stream buffers to control erosion and sedimentation in special protection watersheds­ sponsor summary. Room 205 Ryan Building. 10:00. July 8­­ House Consumer Affairs Committee holds a hearing on the PA American Water Norristown Water Treatment Plant. West Norriton Twp. Building, 1630 W. Marshall St., Jeffersonville. 11:00. July 9­­ CANCELED. DEP Sewage Advisory Committee meeting. Room 105 Rachel Carson Building. 10:30. (formal notice) July 9­­ Agenda Released. DEP Technical Advisory Committee on Diesel­Powered Equipment meeting. Fayette County Health Center, Uniontown. 10:00. July 15­­ Environmental Quality Board meeting. Room 105 Rachel Carson Building. 9:00. July 15­­ DEP Citizens Advisory Council meeting. Room 105 Rachel Carson Building. 10:00. July 16­­ CANCELED. DEP Water Resources Advisory Committee meeting. Room 105 Rachel Carson Building. 9:30. July 23­­ DEP Small Business Compliance Advisory Committee meeting. 12th Floor Conference Room, Rachel Carson Building. 10:00. July 30­­ DCNR Natural Gas Advisory Committee meeting. LTBA. July 23­25­­ PROP Recycling and Organics Conference. Double Tree­Pittsburgh Meadow Lands, Washington, PA. August 5­­ DEP Environmental Justice Advisory Board meeting. Delaware Room, Rachel Carson Building. 8:30. August 7­­ DEP Air Quality Technical Advisory Committee meeting. Room 105 Rachel Carson Building. 9:15. August 12­­ DEP Climate Change Advisory Committee meeting. Room 105 Rachel Carson Building. 10:00.

August 20­­ DEP Agricultural Advisory Board meeting. DEP Southcentral Regional Office, 909 Elmerton Ave., Harrisburg. 10:00. September 9­­ CANCELED. DEP Board Of Coal Mine Safety meeting. DEP Cambria Office, 286 Industrial Park Road, Ebensburg. 10:00. (formal notice) September 10­­ NEW. DEP Sewage Advisory Committee meeting. Room 105 Rachel Carson Building. 10:30. (formal notice) September 24­­NEW. DEP Board Of Coal Mine Safety meeting. DEP Cambria Office, 286 Industrial Park Road, Ebensburg. 10:00. (formal notice) September 25­­ Penn State Extension Youth Water Educator’s Summit. The Central Hotel and Conference Center, Harrisburg. October 15­­ DEP Cleanup Standards Scientific Advisory Board. 14th Floor Conference Room, Rachel Carson Building. 9:00. Visit DEP’s new Public Participation Center for information on how you can Be Informed! and Get Involved! in DEP regulation and guidance development process. Click Here for links to DEP’s Advisory Committee webpages. DEP Calendar of Events Note: The Environmental Education Workshop Calendar is no longer available from the PA Center for Environmental Education because funding for the Center was eliminated in the FY 2011­12 state budget. The PCEE website was also shutdown, but some content was moved to the PA Association of Environmental Educators' website. Senate Committee Schedule House Committee Schedule You can watch the Senate Floor Session and House Floor Session live online. Add Green Works In PA To Your Google+ Circle CLICK HERE To Print Entire PA Environment Digest CLICK HERE to Print The Entire PA Environment Digest. Stories Invited Send your stories, photos and links to videos about your project, environmental issues or programs for publication in the PA Environment Digest to: DHess@CrisciAssociates.com.

PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department of Environmental Protection, and is published as a service of Crisci Associates, a Harrisburg­based government and public affairs firm whose clients include Fortune 500 companies and non­profit organizations. Did you know you can search 10 years of back issues of the PA Environment Digest on dozens of topics, by county and on any keyword you choose? Just click on the search page. PA Environment Digest weekly was the winner of the PA Association of Environmental Educators' 2009 Business Partner of the Year Award. Also sign up for these other services from Crisci Associates­­ Add Green Works In PA To Your Google+ Circle PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from: PAEnviroDigest. PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government, including NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol Digest Twitter feed to get instant updates on other news from in and around the Pennsylvania State Capitol. Supporting Member PA Outdoor Writers Assn./PA Trout Unlimited PA Environment Digest is a supporting member of the Pennsylvania Outdoor Writers Association, Pennsylvania Council Trout Unlimited and the Doc Fritchey Chapter Trout Unlimited.