Pa Environment Digest March 7, 2011

8/7/2019 Pa Environment Digest March 7, 2011

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PA Environment DigestAn Update On Environmental Issues InPAEdited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Harrisburg, Pa March 7, 2011

Krancer: Facts, Sound Science And The Law Will Guide DEP Decisions

The Senate Environmental Resources and Energy Committee thisweek gave unanimous approval to Michael Krancer, Gov. TomCorbett's choice for Secretary of the Department of EnvironmentalProtection.

"My agency is on the forefront of protecting the public andthe environment and that is what I intend to do," said ActingSecretary Krancer in an opening statement .

He said he would lead DEP based on three principles outlined by Gov. Corbett to allnominees: cooperation, communication and coordination and that he would do business in anopen and transparent way with input from the public.

"We have tremendous opportunities right now in Pennsylvania. I believe strongly thatenvironmental protection and economic development are interdependent," said Krancer.

"Environmental regulation is not in a zero-sum contest with business in which there is the victor and the vanquished. One need only look to the former Iron Curtain experience to prove that amoribund economy is the enemy of environmental protection. Responsible, strong, vibrant andgrowing business is the necessary engine for environmental protection and conservation."

Citing his experience as a judge on the Environmental Hearing Board which hearsappeals of decisions made by DEP, he said it was his job to hear all sides of an issue.

"As judges and as executives, we apply the law," said Krancer. "Also, it was as a Judge,and it is now, my job to listen to all sides of an issue and all the facts and have an open mind.Then it is my job, and our job at DEP, to make decisions. I did that for over 10 years as a judge

and I intend to do the same thing as DEP Secretary. Many of the decisions are difficult ones andnot everyone always agrees, but we have to make decisions. We owe that to the people."

Acting Secretary Krancer noted there have been problems in the past with consistency indecision-making in the agency.

"DEP is one DEP, we are not seven DEPs. Though we have six regional offices and aCentral Office, we are one DEP. We owe it to the citizens of Pennsylvania to strive all the timefor consistency in decision-making," said Krancer.

He also spoke about the need to improve morale and attitude at DEP.
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"I am a strong believer that morale and attitude in an organization count," said Krancer."The growth of this Commonwealth, including every new job, every recovery of an old site,

every stream restored, has a DEP component."DEP personnel can and should be commended and recognized by DEP leadership and

reminded by all of us that their work is critical to both protecting the environment and economic

growth," said Krancer.He went on to explain, "We will be a civil and respectful Department in our relationships

with the regulated community. DEP wants to, should and does work with those that we arecharged by law to regulate to achieve compliance. When there is non-compliance or violation,or where there is a disagreement about that, we must and we do act in a manner that is based onsound science, protects public safety and the environment, and is civil, fair, ethical and respectfultoward everyone."

Committee Chair Comments"Pennsylvania faces a host of challenges, and opportunities, in the area of environmental

protection and energy, and I believe Michael Krancer will bring to the job a depth of knowledgeand a temperament that is widely respected in the field," said Sen. Mary Jo White (R-Venango),Majority Chair of the Committee. "I urge my colleagues to support this nomination when itcomes before the full Senate."

Sen. John Yudichak (D-Luzerne), Minority Chair of the Committee said, I applaud thecommittees unanimous approval of Michael Krancer as DEP Secretary. Michael Krancer recognizes the importance of protecting Pennsylvanias environment and natural resources. I amparticularly pleased that he is mindful of the natural gas and alternative energy industries comingto Pennsylvania and what this will mean to the state.

Sen. Yudichak added that he is hopeful that once Krancer is confirmed, he and DEPofficials will thoroughly consider the impact of the natural gas industry on Pennsylvaniasnatural resources, state parks, communities and residents.

I am sure Michael Krancer realizes the amazing opportunities that Marcellus Shalebrings to Pennsylvania in the form of jobs and how these jobs will impact the states economy,Sen. Yudichak said. It is also important that the environmental impact of the industry beextensively considered as well. When he is confirmed, I look forward to working with him andDEP on these very important issues.

Acting Secretary Krancer commented on a number of issues in response to questionsraised by members of the Committee. Here are some highlights of those questions.

Frack Water From Drilling: In response to a question from Sen. Mary Jo White (R-Venango)on recent articles in the New York Times on the way Pennsylvania has handled wastewater fromMarcellus Shale drilling operations, Acting Secretary Krancer said his take on the articles is that

natural gas can contribute to a clean energy future to the country, but that drilling must be doneright. He said no one disagrees with that.

He said the articles contain information he will use in evaluating the Oil and GasProgram, but noted they contained factual errors, like the number of Marcellus Shale wells, thenumber of DEP inspectors and the description of how much water is being recycled; it's actuallymore than 70 percent. He also pointed out DEP did 5,000 inspections on gas wells last year alone to enforce the state's laws and regulations.
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Krancer noted other reports published since the original article appeared have also takenthe New York Times to task on the accuracy of the articles.

On the issue of radioactivity, so called NORM (naturally occurring radioactive material)in the wastewater, Krancer said the Total Dissolved Solids regulations adopted last year helpensure that is not a problem (because radioactivity clings to solid particles). He did say he was

considering testing drinking water as part of the response to the issues raised in the articles.Sen. Eugene Yaw (R-Bradford) said he considered the articles to be half-truths. He said

while the articles say frack water is being discharged, they don't say it is typically treated todrinking water standards first. He noted he has two frack water treatment facilities in his district."I deal in facts, not fiction or fear," Sen. Yaw said.

Acting Secretary Krancer said he viewed it as part of his mission to get out the facts andagreed facts, not fear must drive public discussion and decisions.

In response to a question from Sen. John Yudichak (D-Luzerne) on his support for legislation requiring manifests to track drilling wastewater, Krancer said he is putting everythingon the table when looking at drilling or other issues.

Rescinding/Withdrawing Drilling Policies: Several Senators noted DEP has rescinded or withdrawn several policies related to Marcellus Shale gas drilling and asked for an explanation.

Acting Secretary Krancer the policies were withdrawn for different reasons ranging fromthe failure to obtain public comments before they were issued, the fact that some ran counter torecent state court decisions and some simply didn't provide the guidance they pro ported to give.

More specifically, the Single Stationary Air Pollution Source Determination InterimGuidance was withdrawn because it did not receive any public review and the action did notchange anything with respect to regulating air emission sources. In addition, Krancer saiddecisions on these issues were guided by federal law which requires individual, case by casedecisions.

The withdrawal of the policy on implementing Section 205(c) of the Oil and Gas Act totake the impact of well permits on State Parks and State Forest land into account was alreadybeing done and was adopted without any public review. He added, in his opinion, the policywent against a recent state court decision outlawing some of the provisions included in thepolicy.

He noted, for clarification, the Executive Order imposing a moratorium on further leasingof State Forest lands for drilling was not affected by any of these actions.

DEP Budget: There were several questions from Senators Yudichak and Ted Erickson (R-Delaware) on whether DEP has adequate resources to fund the Oil and Gas Program andprograms like Growing Greener.

Acting Secretary Krancer said as drilling activity increases, he will have to look at theadequacy of resources to fund staff for the regulatory program which are now paid for withpermit fees. He said he would expect if funding needs increase, then fees would be increased aswell.

As a reference, Krancer said DEP's overall staff complement was reduced from 3,200 tonow just over 2,600 over the last 8 years.

Krancer also noted there are opportunities to improve the effectiveness and efficiencywithin the agency which will reduce staff time needed to accomplish their tasks, effectively
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giving the agency a budget increase. Executive Deputy Secretary Jeff Logan, he said, wastackling some of those issues now. He cautioned he did not want to get ahead of the Governor'sbudget address next week.

Sen. Erickson said he stands ready to help DEP get the resources it needs to do its job.

Sound Science: In his opening statement and in several questions from members includingSenators Erickson, Yudichak and Daylin Leach (D-Montgomery), Acting Secretary Krancer wasasked to further explain what he meant by sound science.

Sen. Leach, who introduced Krancer at the hearing, said many times sound science hasbeen used as a tactic to stall debate or decisions on an issue.

Sen. Erickson asked if the Acting Secretary would support legislation the RendellAdministration opposed to require DEP decisions to be based on sound, replicable science--Senate Bill 136 .

Sen. Yudichak asked how he would involve universities in developing the science neededto make environmental decisions, pointing to the Institute for Energy and Environment Researchat Wilkes College.

Krancer said Gov. Corbett has talked about creating links to colleges and universities tobring their expertise and knowledge to bear on issues state government is tackling and heanticipates taking advantage of those links.

He also said it was a shame to be even talking about bills like Senate Bill 136, because hebelieves it is such a basic principle in decision-making.

He noted to Sen. Leach that his job as a judge has been to make decisions when partiesbrought experts to the table to support their position. He said sometimes its not easy to make adecision based on sound science, but we owe it to the public to make those decisions becausethat's what executives and the General Assembly does.

Chesapeake Bay: In response to a question from Sen. Elder Vogel (R-Beaver) asking for anupdate on the Chesapeake Bay TMDL and where the resources will come from to help farmersand others comply with those mandates, Acting Secretary Krancer said Pennsylvania's farmershave done an immense job in reducing nutrient runoff and he is not convinced the state is gettingenough credit for what has been done.

In addition, he said Pennsylvania's Bay partners-- other states and the federalgovernment-- need to understand the Commonwealth is not like Maryland or Virginia. Our statehas over 2,600 local governments, for example, and must be treated differently.

Krancer said one of his "pet projects" will be nutrient credit trading because he believes itmakes sense to use market forces to help cleanup pollution. He noted while Pennsylvania hasmade significant progress on credit trading, but it is still early in the program.

Federal Interference: Sen. Timothy Solobay (D-Washington) asked what can be done aboutrecent federal actions on coal mining and Marcellus Shale gas drilling that have stymied energydevelopment in his area.

Acting Secretary Krancer said his job is to make sure Pennsylvania's case is effectivelypresented to federal partners in regulating the environment and that position must be based onsound science.
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On the general issue of how he will be involved in driving growth in Pennsylvania energyresources, Krancer said he will work closely with the Governor's new Energy Executive Patrick Henderson and other agencies to set policy on energy and Marcellus Shale development.

A video of the hearing is available on the Committee webpage .

The nomination now goes to the Rules and Nominations Committee and the full Senatefor a vote.

Sen. Mary Jo White serves as Majority Chair of the Committee and Sen. Yudichak servesas Minority Chair.

NewsClips: Corbett's DEP Chief Gets Panel's ApprovalKrancer Gets Environmental Committee SupportDEP Nominee OK'd By PanelDEP Nominee Weighs Whether More Water Testing NeededColumn: Corbett's Clueless New DEP Commissioner

Links: Check The Budget Office Webpage Tuesday For Budget DetailsVideo- The Budget Address Will Be Carried Live By PCN

Related StoriesGovernor's Budget Tuesday, How Will It Compare To Last 8 Years?Day Of Reckoning Coming Says Corbett Budget Secretary

Day Of Reckoning Coming Says Corbett's Budget Secretary

Budget Secretary Charles Zogby told a Pennsylvania Press Club luncheonthis week, "All the one-time means, all the gimmicks have been utilized.

We've kicked the can down the road long enough. The day of reckoninghas arrived."Secretary Zogby said the fiscal challenge facing Pennsylvania was

unprecedented and the state faces a $4 billion budget deficit.$2.6 billion in federal stimulus funds were received by the state for

Medical Assistance, basic and higher education, Corrections and humanservices that will not be available in the coming year.

Other one-time revenues sources totaling $750 million will also notbe available, pointing out budget maneuvers like taking Tobacco Settlement Fund monies andgiving it to the State Employees Retirement Fund will also not be available.

Secretary Zogby refused to comment on funding specific programs, deferring those

questions to Gov. Corbett's budget message Tuesday. But said every line item is beingconsidered for cuts.

He did comment on several issues--Natural Gas Royalties: He said most people do not realize the amount of revenues that comefrom Marcellus Shale drilling saying workers and businesses hired by the industry are producinglocal and state tax dollars.Combining DEP/DCNR: He said there are no plans to combine the agencies. The Governor istrying to find the right person to fill the job of Secretary of DCNR.
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Broadening The Tax Base: The challenge of no new taxes or fees laid down by Gov. Corbettwas one he accepted on becoming Budget Secretary. He said Pennsylvania is not in thissituation because taxpayers paid too little. The problem is expenditures are outpacing revenuegrowth.Privatizing Liquor Stores: It needs to be looked at in terms of what is an appropriate role for

State Government, but it will not help solve the General Fund's deficit problem. He noted thereare revenues due to the state from the current system that cannot be lost.Medical Assistance: He recognized this as a growth area, but said one way to control costs is tomake sure people receiving benefits are actually eligible.Pensions: He said Gov. Corbett believes contract obligations must be met and that includepensions for state employees.

February RevenuesPennsylvania collected $1.5 billion in General Fund revenue in February, which was

$20.7 million, or 1.3 percent, less than anticipated, the Department of Revenue reported today.Fiscal year-to-date General Fund collections total $15.2 billion, which is $243.2 million, or 1.6percent, above estimate.

NewsClips: Budget Secretary Says Day Of Reckoning Has ArrivedBudget Head Warns Of Sharp Cuts In New Spending PlanProjected State Revenue A Guesstimate At BestNo Plans For DEP, DCNR Merger Op-Ed: $300 Million Goes Uncollected From Online RetailersBlog: New Corbett Budget Will Not Have Gimmicks Of The PastEditorial: Brace Yourself, Corbett Cuts Are On The Horizon

Links : Check The Budget Office Webpage Tuesday For Budget DetailsVideo- The Budget Address Will Be Carried Live By PCN

Related StoryGovernor's Budget Tuesday, How Will It Compare To Last 8 Years?

Governor's Budget Tuesday, How Will It Compare To Last 8 Years?

Gov. Tom Corbett submits his first budget to the General AssemblyTuesday in the most challenging economic conditions Pennsylvania hasfaced since the Great Depression.

The state faces at least a $4 billion budget deficit next fiscal year and Federal stimulus funds will not be available to fill budget gaps . The

new Administration already put an additional $364.3 million in state fundsin budgetary reserve, including $669,000 from DEP.

While revenue growth is 1.6 percent above estimates so far thisfiscal year, it will do little to make up for the state deficit.

Other funding gaps have also been identified.A Legislative Budget and Finance Committee report released in March 2010 revealed

Growing Greener funding is all but depleted. Soon, as much as three-fourths of the GrowingGreener I funds will be used for debt service on Growing Greener II bonds. Funding for
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Growing Greener programs are expected to drop from $200 million in 2007-2008 to as little as$15 million in FY 2011-2012.

Growing Greener funds were used to cleanup abandoned mines, reduce nutrient runoff from farms and plug abandoned wells that pollute over 16,547 miles of streams in Pennsylvania.

The Renew Growing Greener Coalition is calling on the Governor and General Assembly

to refund this program through a reduction of the funds pulled from the EnvironmentalStewardship (Growing Greener) Fund to pay debt service, at least as a first step.

According to a new Morning Call/Muhlenberg College poll reported Friday, one optionfor funding Growing Greener and environmental programs-- a severance tax on Marcellus Shalenatural gas production-- is supported by 57 percent of respondents. A severance tax is opposedby Gov. Corbett and many in the Senate and House.

This all comes at a time when Pennsylvania is facing real and significant environmentalcleanup challenges the state cannot avoid.

For example, in December, the U.S. Environmental Protection Agency issued the finalTMDL for the Chesapeake Bay Watershed agreeing with the commitments Pennsylvania madeto cleanup the watershed. Most of those commitments are not funded.

8 Years Of Environmental CutsOf necessity, the budget Gov. Corbett will submit Tuesday must be looked at through the

filter of these economic conditions, but also compared to the record of the last 8 years.For eight straight years Gov. Rendell's proposed budget included cuts for the departments

of Environmental Protection and Conservation and Natural Resources.The FY 2009-10 budget cuts alone required DEP and DCNR to furlough or eliminate 333

full time positions. DCNR had to eliminate or reduce hours for 1,131 seasonal workers, puttingappropriations for DEP at 1994 levels and for DCNR at 1995-96 levels.

The FY 2010-11 budget preserved those cuts.Complement levels at DEP were reduced from 3,211 in FY 2002-03 to 2,835 now, even

less if you take out the 105 positions DEP added for the Marcellus Shale drilling inspection andpermit program. 2,615 of the present 2,835 are now filled positions, the others are vacant as aresult of a hiring freeze.

In addition, over 100 DEP Air, Waste and Water Quality field staff use all or part of their time to act as managers for federal stimulus projects, projects funded by the Energy Harvest andPA Energy Development Authority programs taking time away from permit reviews, inspectionsand compliance activities.

Complement levels at DCNR were 1,391 in FY 2002-03 to 1,389 positions of which1,289 positions are filled.

During the last eight years of the Rendell Administration, DEP's General Fund budgethas been cut by 40.9 percent ($245.6 million to $147 million), DCNR by 23.7 percent ($108.8

million to $82.4 million) and the Department of Agriculture by 35.2 percent ($76.1 million to$62.8 million) from the FY 2010-11 to FY 2002-03 budget.

One result of all these cuts is the permit review backlog DEP said was already buildingin 2009 and in truth the last 7 years, delaying hundreds of millions of dollars in economicdevelopment projects across the state.

Record Of Funding Cuts/Diversions
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A total of $1.3 billion has been diverted or cut from environmental programs to helpbalance the state budget or to fund programs that could not get funding on their own over the lasteight years.-- $428 million in Act 339 grants intended to support wastewater plant operations over the lasteight years were eliminated to balance the budget;

-- $143 million diverted from the DCNR Oil and Gas Fund to balance the FY 2008-09 budget;-- $79 million cut from the DEP and DCNR General Fund budget during FY2009-10;-- $60 million diverted from the DCNR Oil and Gas Fund to balance the FY 2009-10 budget;-- $100 million in 2002 from the Underground Storage Tank cleanup insurance fund to balancethe budget (although this is slowly being repaid over 10 years);-- $52.7 million one-time diversion from the Keystone Recreation, Parks and ConservationFund in 2006 to balance the budget;-- $50 million in 2007 and 2008 from the Environmental Stewardship Fund, which supports minereclamation and watershed restoration, to fund the Hazardous Sites Cleanup Program becausethere was no agreement on how to fund that program;-- $121.8 million in FY 2007-08, 2008-09, 2009-10, 2010-11 from the EnvironmentalStewardship Fund to pay debt service on the Growing Greener II bond issue and taking fundingaway from restoration projects each year for the next 25 years reflecting a pattern of onlyenvironmental programs being required to address their own bond debt service;-- $15 million from the Recycling Fund in to balance the FY 2008-09 budget;-- $18.4 million put into budgetary reserve in 2008-09 from the Department of EnvironmentalProtection and Department of Conservation and Natural Resources;-- $5 million reduction in Resource Enhancement and Protection (REAP) farm conservation taxcredit program in FY 2009-10;-- $102.8 million cut from the DEP and DCNR General Fund budget in proposed FY 2010-11budget;

-- $180 million diverted from the DCNR Oil and Gas Fund to General Fund in proposed FY2010-11 budget;-- $5.5 million reduction in Resource Enhancement and Protection (REAP) farm conservationtax credits in FY 2010-11;-- $5 million in additional cuts to the agencies to balance the FY 2010-11 budget;-- $3.9 million in across-the-board cuts to help fill gaps caused by reduced federal Medicaidappropriations-- $2.4 million from DEP, $1.5 million from DCNR; and-- $669,000 from the Safe Water line item in DEP's budget.

Energy, Environmental Policy ChoicesFor more on the energy and environmental choices made over the last 8 years, see these

remarks delivered on February 26 at the Environmental Awareness Conference at Mansfield

University.NewsClips: Budget Secretary Says Day Of Reckoning Has Arrived

Budget Head Warns Of Sharp Cuts In New Spending PlanProjected State Revenue A Guesstimate At BestNo Plans For DEP, DCNR Merger Op-Ed: $300 Million Goes Uncollected From Online RetailersBlog: New Corbett Budget Will Not Have Gimmicks Of The PastEditorial: Brace Yourself, Corbett Cuts Are On The Horizon
http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16176http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16588http://goo.gl/4ePJzhttp://goo.gl/4ePJzhttp://www.pennlive.com/midstate/index.ssf/2011/02/pa_budget_secretary_charles_zo.htmlhttp://www.post-gazette.com/pg/11059/1128671-100.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_725349.htmlhttp://citizensvoice.com/news/no-plans-for-dcnr-merger-1.1111997#axzz1FMlhb1oOhttp://www.pennlive.com/editorials/index.ssf/2011/03/300_million_goes_uncollected_f.htmlhttp://blogs.mcall.com/capitol_ideas/2011/02/zogby-new-corbett-budget-will-not-have-gimmicks-of-the-past.htmlhttp://www.pennlive.com/editorials/index.ssf/2011/03/brace_yourself_corbett_cuts_ar.htmlhttp://www.pennlive.com/editorials/index.ssf/2011/03/brace_yourself_corbett_cuts_ar.htmlhttp://blogs.mcall.com/capitol_ideas/2011/02/zogby-new-corbett-budget-will-not-have-gimmicks-of-the-past.htmlhttp://www.pennlive.com/editorials/index.ssf/2011/03/300_million_goes_uncollected_f.htmlhttp://citizensvoice.com/news/no-plans-for-dcnr-merger-1.1111997#axzz1FMlhb1oOhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_725349.htmlhttp://www.post-gazette.com/pg/11059/1128671-100.stmhttp://www.pennlive.com/midstate/index.ssf/2011/02/pa_budget_secretary_charles_zo.htmlhttp://goo.gl/4ePJzhttp://goo.gl/4ePJzhttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16588http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16176


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Links: Check The Budget Office Webpage Tuesday For Budget DetailsVideo- The Budget Address Will Be Carried Live By PCN

Related Story

Day Of Reckoning Coming Says Corbett Budget Secretary

U.S. Congress Set To Rollback Funding For Environment, Chesapeake Bay Cleanup

In response to proposed cuts in federal funding for environmental programs and the ChesapeakeBay cleanup, the Chesapeake Bay Foundation Friday urged members of the PennsylvaniaGeneral Assembly and friends of clean water in the Commonwealth to contact members of theCongressional Delegation to oppose these cuts before March 9. They released this request for action--

Last week, the U.S. House of Representatives passed its version of a "Continuing Resolution" tokeep the federal government in business through September 30th.

As you may have read, Virginia Congressman Bob Goodlatte proposed an amendmentthat would bar all federal funding for implementing the recently-released Bay pollution diet or TMDL. Congressman Goodlattes amendment would retract all federal financial and technicalassistance for the rest of fiscal year 2011 to farmers, towns, cities, sanitation districts, and other entities striving to reduce pollution to local waterways and ultimately the downstream waters of the Chesapeake Bay.

The suite of programs that will be eliminated for use in the Bay watershed inPennsylvania is broad reaching. Included are all federal dollars distributed through PennVest,USDAs EQIP, WHIP, and WRP dollars, Section 319 funds, federal funding for stormwater

management, and a host of others. Please note, this amendment does not change the requirementsof the Clean Water Act, only eliminates critical resources necessary for states to meet thoserequirements.

Despite the obvious controversy that ensued over the amendment as written, it passed theHouse 230-195, and the Continuing Resolution complete with the Goodlatte language waspassed on to the Senate.

We are now at a crossroads. Implementation of the new "pollution diet" for theChesapeake Bay is the key to the restoration of our local waterways. The retraction of technicalassistance and financial support to local people, municipalities and businesses will put animmense burden on the citizens of the Commonwealth.

This loss of critical federal program dollars, coupled with the dire budget realities in the

Commonwealth, may equal the single biggest setback for clean water in Pennsylvania in the last40 years.

Please help us appeal to Senators Bob Casey and Senator Pat Toomey on this issue as theSenate takes up the Continuing Resolution. Negotiations are in play now. Add your name andorganization to the letter below. We need sign-on info by noon Wednesday, March 9, 2011.Further questions, just let me know.
http://www.budget.state.pa.us/portal/server.pt/community/current_and_proposed_commonwealth_budgets/4566http://www.pcntv.com/pcnplus/http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=18285http://www.cbf.org/pahttp://www.cbf.org/pahttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=18285http://www.pcntv.com/pcnplus/http://www.budget.state.pa.us/portal/server.pt/community/current_and_proposed_commonwealth_budgets/4566


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A draft letter to Senators Casey and Toomey is available online . A fact sheet on theGoodlatte amendment is also available online .

CBF is asking individuals and groups who act on this action alert to send your name andcontact to Kim Patten, PA Outreach and Advocacy Manager, Chesapeake Bay Foundation, by

email to: [email protected] by noon, Wednesday, March 9.Questions? Please contact the Chesapeake Bay Foundation at 717-234-5550.NewsClips: Farm Bureau Takes Aim At EPA Limits On Chesapeake Bay Pollutants

EPA Names New Chesapeake Bay Adviser

Did You Know You Can Search Nearly 7 Years Of Digests On Any Topic?

Did you know you can search nearly 7 years of back issues of the PA Environment Digest ondozens of topics, by county and on any key word you choose. Just click on the search page .

Also take advantage of these related services from Crisci Associates --

Twitter Instant Updates : On Twitter, sign up to receive instant updates from : PAEnviroDigest.

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updates through your favorite RSS read. You can also sign up for a once daily email alertingyou to new items posted on this blog.

PA Capitol Digest Blog to get updates every day on Pennsylvania State Government, includingnewsclips, coverage of key press conferences and more. Sign up and receive as they are postedupdates through your favorite RSS reader. You can also sign up for a once daily email alertingyou to new items posted on this blog.

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--

Session Schedule

Here is the Senate and House schedule--

SenateMarch 7, 8, 9 (Budget Hearings Weeks of 14th, 21th & 28th)
http://goo.gl/3ev1ihttp://goo.gl/SZP68mailto:[email protected]://www.washingtonpost.com/wp-dyn/content/article/2011/02/27/AR2011022703845.htmlhttp://www.pennlive.com/newsflash/index.ssf/story/epa-names-new-chesapeake-bay-adviser/2bdda5dab47a43bf999bb7ad5e704998http://www.paenvironmentdigest.com/newsletter/search.asphttp://www.crisciassociates.com/http://www.twitter.com/http://paenvironmentdaily.blogspot.com/http://paenvirodigestvideo.blogspot.com/http://pacapitoldigestcrisci.blogspot.com/http://pacapitoldigestcrisci.blogspot.com/http://paenvirodigestvideo.blogspot.com/http://paenvironmentdaily.blogspot.com/http://www.twitter.com/http://www.crisciassociates.com/http://www.paenvironmentdigest.com/newsletter/search.asphttp://www.pennlive.com/newsflash/index.ssf/story/epa-names-new-chesapeake-bay-adviser/2bdda5dab47a43bf999bb7ad5e704998http://www.washingtonpost.com/wp-dyn/content/article/2011/02/27/AR2011022703845.htmlmailto:[email protected]://goo.gl/SZP68http://goo.gl/3ev1i


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April 5, 6, 11, 12, 13, 26, 27May 2, 3, 4, 9, 10, 11, 23, 24June 6, 7, 8, 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30

House

March 7, 8, and 9, (Budget Hearings Weeks of 14th, 21th & 28th)April 4, 5, 6, 11, 12, 13, (25 NV), 26, and 27May 2, 3, 4, 9. 10, 11, 23, 24, and 25June 6, 7, 8, 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, and 30

Bill Calendars

House (March 7): House Bill 144 (Pickett-R-Bradford) further providing for correctivelanguage regarding when roll-back taxes are due when an oil or gas well is drilled on enrolledland. Click Here for full House Bill Calendar.

Senate (March 7): Senate Bill 325 (Baker-R-Luzerne) giving the Public Utility Commissionfurther authority to regulate pipeline safety. Click Here for full Senate Bill Calendar.

Committees

House: the Human Services Committee meets to consider House Bill 272 (Hess-R-Bedford)establishing the Lyme Disease Task Force; the Environmental Resources and EnergyCommittee meets to consider House Bill 608 (Brooks-R-Crawford) providing for usingbioenergy crops for reclamation of abandoned mines and House Resolution 87 (Pyle-R-Armstrong) calling on the Region III office of the U.S. Environmental Protection to cease the

unlawful review of NPDES water quality permits; the Consumer Affairs Committee holdsinformational meetings to provide an overview of the Public Utility Commission and its issuesand on the natural gas industry. Click Here for full House Committee Schedule.

Senate: the Appropriations Committee meets to consider Senate Bill 302 (MJ White-R-Venango) further providing for annual reports from the Keystone Recreation, Park andConservation Fund, Senate Bill 303 (MJ White-R-Venango) providing for reports from theHazardous Sites Cleanup Fund, Senate Bill 304 (MJ White-R-Venango) requiring further publicreview of state Air Quality Implementation Plans. Click Here for full Senate CommitteeSchedule.

Other: Governor's Budget Address; Environmental Issues Forum presentation by DavidSheridan, Green Building Association of Central Pennsylvania. Joint Legislative Air and Water Pollution

Bills Introduced

The following bills of interest were introduced this week--
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0144http://www.legis.state.pa.us/WU01/LI/SC/HC/0/RC/SCHC.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0325http://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0272http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=H&type=B&bn=608http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=R&BN=0087http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0302http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0304http://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTMhttp://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0304http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0302http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=R&BN=0087http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=H&type=B&bn=608http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0272http://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0325http://www.legis.state.pa.us/WU01/LI/SC/HC/0/RC/SCHC.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0144


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The bill also requires the department to commission an independent study, funded by theindustry, update the Joint Coal and Gas Committee Gas Well Pillar Study. The study wouldassess appropriate pillar size around an active/inactive well or well cluster to protect theworkable coal seam and ensure the safety of coal miners, as well as any additional criteria or standards that should be considered by the department.

Pipeline Safety: Senate Bill 325 (Baker-R-Luzerne) giving the Public Utility Commissionfurther authority to regulate pipeline safety was reported from the Senate AppropriationsCommittee and is now on the Senate Calendar for action.

Air Pollution Fines: Senate Bill 151 (Pileggi-R-Delaware) providing for the sharing of Air Pollution Control Act fines and penalties was referred to the Senate Appropriations Committee.

Hazardous Sites Cleanup: Senate Bill 303 (MJ White-R-Venango) further providing for reportsunder the Hazardous Sites Cleanup Act was referred to the Senate Appropriations Committee.

House

Clean And Green: House Bill 144 (Pickett-R-Bradford) further providing for correctivelanguage regarding when roll-back taxes are due when an oil or gas well is drilled on enrolledland was reported from the House Appropriations Committee, passed by the House, but the votewas reconsidered so the bill is still on the House Calendar for action.

If a property is enrolled in the states Clean and Green program and a part of that landcontains a gas or oil well, taxes are due on that particular portion of land that cannot be used for agricultural purposes, Rep. Pickett said. However, there has been uncertainty on when thoseroll-back taxes should be applied.

To clarify state law, my legislation changes the time when roll-back taxes and fair market value assessment can be applied to when a well production report is submitted to DEP,she said, noting that roll-back taxes and fair market value assessment will continue to be limitedto the area of land that does not comply with Clean and Green uses.

Pipeline Safety: House Bill 344 (Baker-R-Tioga) giving the Public Utility Commission further authority to regulate pipeline safety was amended and reported from the House Consumer Affairs Committee and then Tabled.

Biofuels: House Bill 807 (Sonney-R-Erie) adding additional measures to enforce the biodieselmandate was amended and reported from the House Agriculture and Rural Affairs Committee

and then Tabled.

Agricultural Security Areas: House Bill 562 (Gillen-R-Berks) further describing extent of agricultural security area was removed from the Table and referred to the House AppropriationsCommittee.

Main Street Program: House Bill 295 (Freeman-D-Lehigh) further providing for the duration
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0325http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0151http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0144http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0344http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0807http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0562http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0295http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0295http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0562http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0807http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0344http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0144http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0151http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0325


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of Main Street Program grants was reported from the House Local Government Committee andTabled.

"Unfortunately, we have seen in numerous cases that the current five-year time frame toturn around a traditional downtown is often too short," Rep. Freeman said. "A community justbegins to see the progress brought on by Main Street initiatives only to see the plug pulled

prematurely. This can cause the community's downtown revitalization momentum and success tosuffer. Allowing participating communities to continue in the program for up to an additionalfive years can help ensure success in their downtown revitalization."

News From The Capitol

Senate Passes Bill On Spacing Gas Wells And Coal Seams

Senate Bill 265 (MJ White-R-Venango), amending the Coal and GasResource Coordination Act to further provide for drilling through coalreserves was reported from the Senate Appropriations Committee andpassed by the Senate.

"The purpose of this measure is to provide organized developmentbetween natural gas wells and workable coal seams," said Sen. Mary JoWhite. "Particularly with the increase in natural gas development,Pennsylvania needs clear standards in place for the safe, ordered extractionof these valuable energy sources."

Senate Bill 265 amends the Coal and Gas Resource Coordination Act to create adequateand safe spacing between gas well clusters and workable coal seams. No permit for a gas wellcovered by the act would be issued unless the well cluster is located at least 2,000 feet from thenearest well cluster, unless the permit applicant and the owner of the workable coal seam consent

in writing.Under the bill, absent an agreement, either the coal operator or the well applicant may

activate a dispute resolution process to resolve the spacing issue.The bill also requires the department to commission an independent study, funded by the

industry, update the Joint Coal and Gas Committee Gas Well Pillar Study. The study wouldassess appropriate pillar size around an active/inactive well or well cluster to protect theworkable coal seam and ensure the safety of coal miners, as well as any additional criteria or standards that should be considered by the department.

It now goes to the House for consideration.

House Committee Hears Overview of Water, Wastewater Industries

The House Consumer Affairs Committee this week held an informational meeting about thewater and wastewater industries.

Kathy Pape , PA Chapter-National Association of Water Companies and PA AmericanWater, provided an overview of the private water service industry in the state. Pape said fundingsustainable water infrastructure was the most pressing issue for her industry pointing to the
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0265http://wallaby.telicon.com/pa/library/2011/20110302tk.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302tk.pdfhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0265http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0265


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report issued by the PA Sustainable Water Infrastructure Task Force estimating the need for $113.6 billion in water infrastructure investments over the next 20 years.

Pape also expressed concerned for funding and staff levels at the Department of Environmental Protection saying implementation of 17 new drinking water regulations since1996 has put a strain on the agency. In addition, Pape said the state should adopt additional

protections to deal with the impacts of Marcellus Shale drilling on drinking water supplies.Also providing testimony were Karl Kyriss , President Aqua Pennsylvania and Sonny

Popowsky , Pennsylvania Consumer Advocate.Rep. Bob Godshall (R-Montgomery) serves as Majority Chair of the Committee and Rep.

Joseph Preston (D-Allegheny) serves as Minority Chair.

Fish & Boat Commission Stresses Need For Funding To House Committee

Fish and Boat Commission Executive Director John Arway formallypresented the agencys 2010 Annual Report to the House Game andFisheries Committee this week. In his remarks, Mr. Arway noted thePFBCs commitment to its five-year strategic plan, highlightedaccomplishments from the past year, and continued to emphasize the needfor alternative funding to implement the agencys mission.

Commission President William Worobec played a major role in thestrategic planning process and has been a strong advocate for using theplan to guide agency decision-making.

When the Board of Commissioners approved the five-year strategic plan in July, we toldDirector Arway that we expected him to use the plan daily as a guide for how he allocates staff time and budgets, he said. Executive Director Arway and the rest of the team have done a greatjob of focusing on the priorities laid out in the plan, tracking time and effort, and keeping the

Commissioners, the angling and boating public, and our other partners apprised of progress inachieving our stated goals.As soon as (and, in some case, before) the plan was adopted, the PFBC began

implementing activities to further the seven major issues and associated goals identified in theplan. Highlights from 2010 ranged from expanded efforts to survey previously unassessedwaters to document the presence of wild trout to the completion of management plans, appliedresearch, and on-the-ground projects targeting specific waterways, habitats, and game and non-game species.

The PFBC also took steps to better understand Pennsylvanias anglers and boaters andimprove their connection to the water. At the same time that it was looking outward towardaquatic resources and its customers, the PFBC also took steps to evaluate, optimize, and improve

agency operations, including information technology, property and infrastructure management,and human resources.

During his remarks to the House Game and Fisheries Committee, Mr. Arway spentconsiderable time explaining the activities that he, other staff, and Commissioners undertook inthe past year to help ensure the financial stability of the PFBC.

When I assumed this position one year ago, I told you that one of my top priorities wasto find a source of alternative funding to implement our mission on behalf of current and future
http://www.portal.state.pa.us/portal/server.pt/community/sustainable_water_infrastructure_task_force/10565http://wallaby.telicon.com/pa/library/2011/20110302ti.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302tj.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302tj.pdfhttp://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdfhttp://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302tj.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302tj.pdfhttp://wallaby.telicon.com/pa/library/2011/20110302ti.pdfhttp://www.portal.state.pa.us/portal/server.pt/community/sustainable_water_infrastructure_task_force/10565


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generations and the aquatic resources we are entrusted to serve, Mr. Arway said. It is nocoincidence that the pursuit of innovative funding is also a foremost goal of our strategic plan.

Fishing licenses, boat registrations, and federal funding tied to fishing and boating weresufficient to sustain our operations in the past. But, expanded responsibilities, coupled with adownward trend in license sales that gets worse and worse with every license increase, have

gotten us to the point where we can no longer expect anglers and boaters to foot the bill for theservices we provide to all Pennsylvanians, added Mr. Arway.

We will continue to push for alternative funding in 2011, including compensating theCommonwealth for the consumptive use and degradation of water, reimbursing the PFBC for theservices it provides to all Pennsylvanians and businesses, and allowing for the issuance of creative license packages designed to retain and recruit anglers, he said.

The PFBC 2010 Annual Report and its Strategic Plan can be found on the agencyswebsite .

80 House Members Tell Gov. Corbett No More Leasing State Forest Land For Drilling

Eighty House members this week urged Gov. Tom Corbett not to lease any more State Forestland above the Marcellus Shale for natural gas drilling because "all of the remaining unleasedacreage is environmentally sensitive and drilling will have irreversible and harmfulconsequences."

The letter was signed by 79 House Democrats and one Republican, Rep. Kate Harper (R-Montgomery).

"About 725,000 of the 1.5 million acres of state forest above the Marcellus Shale play arealready available to gas drillers, and that's too much," said Rep. Greg Vitali (D-Delaware). "Theremaining acreage includes old growth forests, high-value ecosystems and habitats for rare andendangered species."

The letter was sent less than a week before the governor's budget address. A recent newsreport said Corbett may propose leasing a large part of the remaining 800,000 acres of forestlandabove the Marcellus Shale, and allow legislators to reduce it to 50,000 or 100,000 acres.

"It is important that we approach the issue of leasing additional public lands from anenvironmental perspective, rather than a budgeting perspective," said Rep. Mike Hanna (D-Centre). "Even though expansion of the natural gas drilling industry could provide an economicboom to Pennsylvania, our state forests remain an irreplaceable natural resource, and the leasingof additional, environmentally-sensitive lands could have harmful and irreversibleconsequences."

"While we don't want Pennsylvania to be left behind in terms of the energy and jobs thatnatural gas drilling can provide, ravaging our state forests isn't the way to go," said state Rep.

Eugene DePasquale (D-York). "Without the right balance, this will no doubt destroy our tourismindustry in the long term, hurting many small businesses in rural Pennsylvania."

"The environmental degradation that gas drilling has already caused in Pennsylvania hasgotten national attention in recent days," said Rep. Tim Briggs (D-Montgomery). "To open upmore forest land for drilling would be irresponsible stewardship of our public lands. Thenegative impact that these policies will have for our communities is great, and the impact on our state's image will be great. The nation is watching what we do here in Pennsylvania."
http://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdfhttp://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdfhttp://www.pahouse.com/documents/000030211.pdfhttp://www.pahouse.com/documents/000030211.pdfhttp://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdfhttp://fishandboat.com/promo/annualreport/2010ann_rpt.pdf%20and%20http://fishandboat.com/stplan.pdf


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"It seems far more logical for the Commonwealth to generate revenue while protectingthe environment through the drilling tax bill Representative Vitali has proposed than to destroystate forests with additional leases," said Rep. Michael Gerber (D-Montgomery).

Pennsylvania is the only major natural gas producing state that does not have a drillingtax or fee.

The lawmakers in the letter reminded Corbett that drilling has a substantial impact on thequality of state forests. It requires millions of gallons of chemically-treated water, the clearing of land, construction of pipelines, water impoundments and access roads, and hundreds of truck trips.

Additional leases of state of state forest land would adversely impact hunters, fishers,environmentalists, hikers, campers, horseback riders, mountain bikers, and the 70,000Pennsylvanians employed in the forest products industry, the lawmakers wrote.

"We have the responsibility to maintain the quality of the remaining 800,000 acres thatlay above the Marcellus Shale region not only for us, but for future generations as well," thelawmakers wrote. "We urge you to protect this acreage by keeping it free of drilling and relateddevelopment."

Rep. Vitali plans to introduce legislation next week that would put a three-year moratorium on additional leases for natural gas drilling in state forests. A version of the billpassed the House with bipartisan support last year, but it stalled in the Senate.

Former Gov. Ed Rendell eventually signed an executive order that put a moratorium inplace, after leasing 137,000 acres of State Forest Land for Marcellus Shale drilling.

A copy of the letter is available online .

Rep. White To Hold Meeting March 15 On Proposed Marcellus Municipal Co-op Plan

Rep. Jesse White (D-Washington) is hosting a public meeting March 15

with local municipal officials to solicit feedback on his plan to create aMarcellus Municipal Co-op program to better deal with natural gas issueswithin the region.

The meeting will be held starting at 6:30 at the Canon-McMillanHigh School. Doors open at 6 p.m. and the public is invited to attend andoffer their comments.

"Like any industry, danger is always a factor for those involvedwith Marcellus Shale drilling; however, we must continue doing what we

can to ensure the safety and well-being of our local communities," Rep. White said. "When thepublic hears about accidents like the one at Avella last week, they have questions and concernsabout their safety and if regulations are being adhered to. State and local officials should work

together with drillers to mitigate the public's concerns with drilling."I want to be clear that the MMC program is neither pro-drilling nor anti-drilling," White

emphasized. "This is about finding more efficient and effective ways to carry out our coreresponsibilities as elected officials, not promoting any sort of political or social agenda."

Rep. White said last week, a storage tank caught fire at a Chesapeake Appalachia naturalgas well site in Avella, injuring three workers and alarming neighboring residents. He added thatanother minor incident occurred this week involving a small fire at a nearby compressor site.
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"I'm asking my local municipalities who have gas drilling within their borders to consider forming a Marcellus Municipal Co-op program to help provide better local oversight of naturalgas drilling sites and open the lines of communication between them," Rep. White said."Incidents within the past week at local gas sites have proven that while the industry has its placein our region, we have to be absolutely sure that our communities remain safe."

Under his co-op plan, participating municipalities could work together to hire a naturalgas enforcement officer, who would visit drilling and natural gas compression sites within thatmunicipality, enforce the local ordinances on a regular basis and respond to concerns in a timelymanner. In addition, the MMC would provide a forum for municipalities to communicate their needs and remain educated in dealing with gas-related issues.

"There can be no denying that we are at the epicenter of Marcellus Shale drilling, andwhether we like it or not, the entire nation is now focused on how our corner of Pennsylvania isdealing with this rapidly expanding industry," Rep. White said. "I firmly believe eachcommunity should chart its own path on how to handle drilling inside its borders; however, Ibelieve enabling municipalities to better communicate and pool resources only makes sense."

House Environmental Committee To Consider Bioenergy, NPDES Legislation

On March 9 the House Environmental Resources and Energy Committee is set to consider legislation to encourage the use of bioenergy crops to reclaim abandoned mine lands and to urgethe U.S. Environmental Protection Agency to cease overview of NPDES permits in the state.The bills include:

-- House Bill 608 (Brooks-R-Crawford) providing for using bioenergy crops for reclamation of abandoned mines; and-- House Resolution 87 (Pyle-R-Armstrong) calling on the Region III office of the U.S.Environmental Protection to cease the unlawful review of NPDES water quality permits.

Rep. Scott Hutchinson (R-Venango) serves as Majority Chair and Rep. Bud George (D-Clearfield) serves as Minority Chair of the Committee.

March 7 Environmental Issues Forum Features Presentation On Green Buildings

The Joint Legislative Air and Water Pollution Control and Conservation Committee March 7Environmental Issues Forum will feature a presentation by David Sheridan and Mark Lambdinof the Green Building Association of Central Pennsylvania .

Mr. Sheridan and Mr. Lambdin will discuss the mission and activities of the GreenBuilding Association of Central Pennsylvania and highlight current trends in the green buildingindustry regionally and statewide.

They will also examine the forest product industrys involvement with and opportunitiesin todays green building standards and how the industry could increase its participation in greenbuildings. The presenters will also offer suggestions on legislative and regulatory initiatives thatcould advance the green building industry.

The Forum will begin at noon in Room G-50 Irvis Building.Rep. Scott Hutchinson (R-Venango) serves as Chair of the Joint Committee.

Sen. Yaw Introduces Bill To Protect Water Resources From Drilling
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Sen. Gene Yaw (R-Bradford) has introduced a measure to further strengthen regulations pertaining to the natural gas industry and ensure thatadditional safety measures are implemented to protect Pennsylvania'swater resources.

Senate Bill 601 would increase the distance that a natural gasdrilling company would be presumed liable for any contamination of awater supply within a year after completion or alteration of a well within1,500 to 2,500 feet. The legislation would also further increase thehorizontal distance from a Marcellus well and an existing building or water supply from 200 feet to 500 feet.

"The environment is our life support-system, and we must ensure its protection," saidSen. Yaw. "These increases will provide important and necessary safeguards for landownerswithin impacted areas."

In addition to the setbacks, permit applicants are required to forward a copy of the planto:-- The surface landowner;-- Coal owner if coal rights have been severed from the surface;-- All surface landowners within 1,500 to 2,500 feet of the Marcellus well location; and-- The municipality where the proposed well is located and a municipality within 2,500 feet fromthe proposed Marcellus well location.

Senate Bill 601 would allow the department to establish additional protective measuresfor the storage of hazardous chemicals or material intended to be used on the well-drilling sitewithin 500 feet of any such stream, spring, body of water, or wetland. It would specifically takeinto account if the storage affects sources used for public drinking water supplies or whether theproposed well location is within a flood plain.

The legislation would also require the department to ensure that a restored or replacedwater supply meets applicable water quality standards consistent with the Safe Drinking Water Act, the Pennsylvania Safe Drinking Water Act and pre-drilling or alteration water qualitystandards as determined by the department.

Additionally, the legislation would also ensure that a facility which seeks a NationalPollutant Discharge Elimination System (NPDES) permit for treating and dischargingwastewater from oil and gas activities is operated by a competent and qualified individual.

Bill To Require Enhanced Marcellus Wastewater Radiation Testing

Rep. Camille "Bud" George (D-Clearfield) this week announced he will be

introducing legislation aimed at ensuring Pennsylvania's drinking water remains free of radioactive material.

"A February 27 article in the New York Times determines thatthere is a lack of radiation testing at 65 public water intakes downstreamfrom releases of Marcellus drilling wastewater," Rep. George said. "This isunacceptable, and I intend to correct this perceived problem as soon aspossible."
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Rep. George said that besides dozens of chemicals, salts and chlorides, drillingwastewater that returns to the surface may contain naturally occurring radioactive material NORM which may pose a risk for the public if the wastewater is not properly treated to removethe hazard.

"According to another New York Times article, an early draft of a 2004 study by the

Environmental Protection Agency discussed potentially dangerous levels of contamination inhydrofracking fluids and mentioned 'possible evidence' of contamination of an aquifer," Rep.George said.

"The final version of the report excluded these points, concluding instead thathydrofracking 'poses little or no threat to drinking water,'" Rep. George said. "EPA documents,available on the Times website, indicate EPA officials also were considering a moratorium onhydrofracking."

The final report was softened considerably due to industry and political pressure,according to an EPA whistleblower who spoke to the New York Times.

Both the acting Secretary of the Department of Environmental Protection and hispredecessor have indicated that radiation testing of this water is worthy of consideration.

The bill would mandate additional testing both before and after treatment, but alwaysbefore it is released into waterways used for drinking supplies. The testing would be paid for bythe gas companies but performed by independent and certified water-testing companies.

"I am currently seeking co-sponsors for my legislation and anticipate introducing themeasure soon," Rep. George said. "This is not what people want to think of in terms of 'hotwater.'"

News From Around The State

Western PA Conservancy And Dominion Award Watershed Mini Grants

The Western Pennsylvania Conservancy and Dominion recently awarded over $30,000 towatershed groups in 26 counties in western Pennsylvania and 1 county in West Virginia as partof their Watershed Mini Grants Program .

Throughout the country, watershed groups are playing an increasingly prominent role inenvironmental management. With their local focus and community base, watershed groups arebuilding consensus and expanding participation within communities across Pennsylvania.

It is not uncommon for organizations to operate on an annual unrestricted budget of lessthan $5,000, while at the same time implementing $100,000 projects that directly benefitcommunities and the environment.

Currently, much of the unrestricted funding available to watershed associations is derivedfrom membership dues and small fundraising events. Unfortunately, this funding seldom coversall remaining costs for the state or federal grant-funded projects they are working to complete.

Additionally, many grant programs permit only a small percentage of their funding toaddress administrative costs.

The watershed groups awarded a Watershed mini grant include:Aultman Watershed Association for Restoring the Environment (AWARE)Blackleggs Watershed Association Incorporated
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Brownsville Area Revitalization CorporationBucktail Watershed AssociationCasselman River Watershed AssociationChartiers Creek Watershed AssociationChest Creek Watershed Alliance

Chestnut Ridge Chapter of Trout UnlimitedClearfield Creek Watershed AssociationCornplanter Chapter of Trout UnlimitedCowanshannock Creek Watershed AssociationCrooked Creek Watershed AssociationElk County Freshwater AssociationEvergreen ConservancyFirst Fork Sinnemahoning Watershed AssociationFriends of the CheatGenesee Headwaters Watershed AssociationJacobs Creek Watershed AssociationJuniata County Conservation DistrictKen Sink Chapter of Trout UnlimitedKettle Creek Watershed AssociationMontour Run Watershed AssociationSewickley Creek Watershed AssociationShoups Run Watershed AssociationTrout Unlimited Eastern Abandoned Mine ProgramUpper Allegheny Watershed AssociationUpper Mon River AssociationWashington County Watershed Alliance

Wells Creek Watershed AssociationFinancial support for this project is provided by the Dominion Foundation which isdedicated to the economic, physical and social health of the communities served by Dominioncompanies.

This grant program was administered by the Western Pennsylvania Conservancy in itscommitment to protecting and restoring exceptional places to provide our region with cleanwaters and healthy forests, wildlife and natural areas for the benefit of present and futuregenerations.

Spotlight

Local Conservation Groups Restore Fishery In Johnson Run, Elk-Clarion Counties

Acid mine drainage from abandoned coal mines impaired the aquatic life designated use in theJohnson Run watershed. As a result, the Department of Environmental Protection placed themain branch of Johnson Run and more than 17 miles of contributing tributaries on the state's2004 Clean Water Act section 303(d) list of impaired waters because of low pH and elevatedmanganese levels.
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Treating AMD and surface runoff from mining waste piles significantly improved water quality in much of the watershed and restored the aquatic life designated use. Consequently, DEPintends to remove eleven segments within the Johnson Run watershed (the main branch and 14.9miles of tributaries) from the 2012 CWA section 303(d) list of impaired waters.

Problem

Johnson Run is a headwater stream in the Ohio River watershed (Figure 1). It originates in northern Elk County innorthwestern Pennsylvania and flows into the East Branch of theClarion River downstream of East Branch Dam. This area has beensubject to strip mining and deep mining for coal since the late1800s, although there are currently no active mines in thewatershed.

Discharges from old deep mines are the most significant source of AMD to Johnson Run,followed by runoff from unreclaimed surface mining activities. Discharges from these sourceshave caused pH and metal levels in the waterbody to exceed water quality standards.

As a result, the Pennsylvania DEP placed numerous segments within the Johnson Runwatershed on the state's 2004 CWA section 303(d) list of impaired waters because of low pH andhigh levels of manganese.

To meet the state's standards, the pH must stay above 6.0 standard units and manganeseconcentrations (total 30-day mean) may not exceed 1.00 milligrams per liter (mg/L).

Project HighlightsIn the late 1990s, a local watershed group formed to

improve water quality in East Branch Lake and its surroundingwaters, including Johnson Run. The group, known as the Elk County Fishermen, implemented a number of projects to clean upAMD, concentrating their efforts on East Branch Lake tributaries

and Johnson Run.In 2002 an environmental consulting firm ( HedinEnvironmental ) developed a restoration plan for East Branch Lake and Johnson Run. The planoutlined the steps necessary to restore the impaired waterbodies and bring back healthy fishpopulations.

In 2002 project partners installed a passive treatment system on a Johnson Run tributaryto treat flow from an abandoned deep mine that generates the watershed's primary source of AMD. The treatment system, which consists of vertical flow ponds, limestone-lined channels,flush ponds, holding tanks and wetlands, collects and treats two separate discharges from theabandoned deep mine.

In 2003 another method of treatment was implemented to treat surface sources of AMD.

Runoff from pyritic spoil piles (mine waste with high levels of pyrite, a rock composed of ironand sulfur) and surface mines contributed to water quality degradation in Johnson Run.

To address these surface sources, project partners mixed alkaline residuals (limestone andpaper fines) from the Weyerhauser paper mill's wastewater treatment plant with the pyritic spoilpiles to neutralize the pH.

The partners then applied a thick layer of residuals and seeds to the surface of the piles.The layer supported the growth of dense vegetation, which has helped to prevent pollution byreducing oxygen and water infiltration, both precursors to acid formation.
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ResultsAdding the upstream passive treatment system on the

abandoned deep mine and treating the surface runoff from pyriticspoil piles significantly improved water quality in the watershed(Figure 2). Data collected at the mouth of Johnson Run show a rise

in pH, from an average of 5.2 standard units in 1998 to 7.3standard units in 2007. In addition, the data show that average30-day manganese concentration declined to 0.08 mg/L. Bothparameters now meet water quality standards.

The treatment systems remain in place and continue to improve water quality. The datafrom biological monitoring conducted in 2010 (Figure 3) show that a healthy fish population hasbeen restored and Johnson Run now supports its aquatic life designated use.

Based on these water quality improvements, DEP intends to remove 11 segments of Johnson Run (including the main branch and more than 14.9 miles of tributaries) from the state'sCWA section 303(d) list of impaired waters in 2012.

Partners and FundingThe Elk County Fishermen and the North Central Pennsylvania Regional Planning and

Development Commission used $407,000 in Growing Greener and Watershed Restoration andPartnership Act funds to build the passive treatment system.

(This Johnson Run story was part of EPA's Nonpoint Source Success Stories feature.)

More Details: 2011 Abandoned Mine Reclamation Conference August 4-6

The 13th Annual PA Abandoned Mine Reclamation Conference dates are set for August 4-6 atthe Best Western Genetti Inn & Suites in Hazleton. This year's theme is "Working Together for

Innovation and Success."The Conference will kick off on August 4 with a Pre-Conference Tour of AnthraciteRegion Abandoned Mine Drainage passive treatment systems. The tour will be followed by the15th Anniversary Dinner and Fundraiser for the Eastern Coalition for Abandoned MineReclamation .

Artwork commissioned by local artists and created utilizing recovered iron oxidesharvested, collected, and processed by the EPCAMR staff, will be auctioned off.

Tentatively, plenary speakers are set to include: Michael Krancer, acting Secretary of theDepartment of Environmental Protection, David Hess, former DEP Secretary, and AndrewHeath, Executive Director of Renew Growing Greener Coalition .

Conference Agenda

The Conference presentations will begin on the morning of August 5 and will concludeon August 6 at noon.

Twenty-two presentations will be divided into two tracks to run simultaneously with ahalf-day workshop on Grant Writing and one on the use of the website Datashed includingcreating projects and sample points and uploading water quality data.

The presentations will vary from topics such as the Marcellus Gas Drilling and ties toAMD / mine pool use, successful TMDL implementation, coal mining history, watershedimplementation projects utilizing landscape architecture, developing Qualified Hydrologic Unit
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Plans, mine pool mapping, sustainable alternative energy initiatives, showcases of successes inAMD treatment, partnerships between watershed groups and industry, geothermal projectsutilizing underground mine pools, operation, maintenance and repairs of AMD treatmentsystems, the status of State funds for maintaining existing AMD treatment systems, and futurecoal market predictions in Pennsylvania.

The Conference's Annual Mayfly Award will be presented at a formal dinner on August5. The Mayfly Award is presented to those individuals who exhibit long-term efforts inaddressing mine drainage remediation projects in Pennsylvania.

Soliciting PresentationsPresentation submissions pertaining to the theme and topics listed above are being

accepted through April 30. Submissions should contain a Name, Affiliation, Biography,Presentation Title, and Abstract and be sent by email to: [email protected] .

Presentations selected for inclusion in the conference will be notified on or around May31.

Professional development hours will be offered to conference attendees. Presenters at theConference are eligible to receive additional credits.

Discounted block room rates are available at the Best Western Genetti Inn & Suites inHazleton for $70 plus taxes until June 30.

The conference planning committee plans to offer scholarships for travel and/or conference registration to representatives of non-profit watershed organizations, historicpreservation societies, and conservancy groups. Please be aware that financial assistance willonly be granted on a reimbursement basis, as funding allows.

SponsorshipsThe opportunity to sponsor this year's Conference is offered at the following levels:

Platinum ($2500+), Gold ($1000+), and Silver ($500). Details of the benefits of each of thelevels of Sponsorship can be found on the Sponsors Page. A sponsorship wish list for expenses

such as the Pre-Conference Tour, meals, and entertainment will be posted soon.Exhibitor spaces, near the hustle and bustle of conference happenings, are available at afee of $200-$400. Non-profit, community groups, student poster presentations, historicpreservation groups, and watershed groups will be allowed to exhibit for free, however, will nothave access to electricity.

Additional Conference Information can be found at the Conference website . We arecontinuing to update the website, so check back frequently for more information as it becomesavailable.

(By Anne Daymut, Watershed Coordinator, Western PA Coalition for Abandoned MineReclamation .)

American Rivers To Solicit Proposals For $1.8 Million Potomac Grant Program

The U.S. Environmental Protection Agencys mid-Atlantic region announced this week American Rivers has been selected to oversee $1.8 million in environmental grants for projectsbenefiting communities and rivers in specific parts of Maryland, Pennsylvania, Virginia, andWest Virginia that comprise the Potomac Highlands .
mailto:[email protected]://www.treatminewater.org/http://wpcamr.org/http://wpcamr.org/http://www.americanrivers.org/http://www.americanrivers.org/our-work/restoring-rivers/dams/projects/potomac-highlands.htmlhttp://www.epa.gov/reg3esd1/highlands-plan.htmlhttp://www.epa.gov/reg3esd1/highlands-plan.htmlhttp://www.americanrivers.org/our-work/restoring-rivers/dams/projects/potomac-highlands.htmlhttp://www.americanrivers.org/http://wpcamr.org/http://wpcamr.org/http://www.treatminewater.org/mailto:[email protected]


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The competitive grant program will support quality of life improvements in PotomacHighlands communities and protect the valuable ecosystems, some of which host the mostdiverse and globally important resources on Earth.

Projects in Adams, Bedford, Franklin, Fulton and Somerset counties will be eligible.The Potomac Highlands is a unique area that needs our attention. Many people have

contributed their time, energy and ideas in developing a strategic plan for this area including U.S.Fish and Wildlife Service, our state partners and a whole host of organizations, said EPARegional Administrator Shawn M. Garvin. Great work has already been accomplished in theHighlands and with American Rivers on board, this awards programs will provide a significantboost in remediating and restoring this valuable ecosystem.

Under a cooperative agreement with EPA, American Rivers will design and implement acompetitive awards program designed to fund approximately 10 projects with between $150,000and $300,000 each. All projects must be located within the Potomac Highlands and mustspecifically and measurably protect, improve, and/or restore the valuable ecological resourcesand services of the Potomac Highlands ecosystem.

A formal grants solicitation will be published later this year. The deadline for proposalsis expected to be in August.

To date, 20 educational and restoration projects have been implemented. For moreinformation, visit the Potomac Highlands Grants webpage.

PA American Water/EPA: Celebrities Donate Time For Save Water Campaign

The Student Conservation Association and PA American Water , in partnership with the U.S.Environmental Protection Agencys WaterSense Program , have launched the Save Water Todaypublic service campaign.

Save Water Today is an integral component of American Waters year-long consumer

education campaign promoting water efficiency and water source protection to help mark thecompanys 125th anniversary.With 36 states expected to face serious water shortages by 2013, water conservation is an

increasingly critical concern for our country.The PSA campaign comprises a quartet of public service announcements (PSAs) that

bring together Saturday Night Live alums Rachel Dratch and Horatio Sanz, Diane Neal (formerlyof Law & Order: Special Victims Unit), and 16-year-old national surfing champion LakeyPeterson to promote household water conservation.

All the featured actors generously donated their time and talents. In each 30-secondannouncement, the uninvited but not entirely unwelcomed celebrity appears in someoneshome to deliver practical, actionable tips to viewers.

In Dishwasher, Dratch catches Jenny, played by Gretchen Egolf (Martial Law,Journeyman), in her bathrobe just in time to save her from running a dishwasher that isnt full but not until after Dratch has scoured the home for other items to add to the washload.

Sanz ambushes a wet Brian, played by Kurt Braunohler (Comedy Central Presents) inShower, stopwatch in hand, to let him know that hes at 40 gallons and counting.

In Faucets, the unsuspecting Oliver family (Andrea Rosen, Matt Higgins and Jack Gore), quietly watching television, finds Neal sharing their bowl of popcorn and lecturing themin legal fashion on the water they could save by replacing their worn washers.
http://www.americanrivers.org/our-work/restoring

Documents

Pa Environment Digest March 7, 2011