3 Days Left: House Passes Marcellus Severance Tax Vehicle, Senate Up Next
Most House members expressed disappointment with the contents of the original
proposal, but agreed to support the bill to move the process along and help comply with a
Senate-House budget agreement to pass Marcellus Shale severance tax legislation before
October 1.
Gov. Rendell earlier said he was counting on $70 million from the Marcellus Shale
natural gas severance tax to fill the hole in the budget created when Congress failed to
appropriate the full amount of Medicaid funds the budget anticipated. Hopefully, the new,
higher revenues now coming in will forestall any new budget cuts or state employee layoffs.
(see separate story)
"Working families across Pennsylvania pay their fair share of taxes; it's about time big oil
and big natural gas do the same," House Majority Leader Todd Eachus (D-Luzerne) said. "This
bill will give our environment programs the resources they need to protect our water supply and
our land. And it gives communities that are impacted by this industry a financial shot in the arm
to help them improve and maintain their roads, bridges, water and sewer systems."
"House Democrats want Marcellus Shale gas drilling in the Commonwealth to create
good-paying, permanent jobs for Pennsylvanians, and the tax credit aspect of this bill will make
it easy for companies to choose to hire locally," House Speaker Keith McCall (D-Monroe) said.
"This is about jobs that pay family-sustaining wages and help workers return dollars to their
communities with purchases large and small."
"I understand there may be different views about how we should implement this tax and
structure the rate," said Rep. Dwight Evans (D-Philadelphia), Majority Chair House
Appropriations Committee. "What's important is that we find common ground. We need a tax
that is competitive with other shale states, but one that has a reasonable rate and reasonable
features appropriate for Pennsylvania.
"I also recognize the industry will want to weigh in and argue for a tax with a rate and
characteristics that allow for capital recovery, a tax it can support as it does in every other state
where drilling occurs," Rep. Evans added. "These issues are all negotiable. What is not
negotiable is inaction. The natural gas in the Marcellus Shale play is a resource that belongs to
the citizens of the Commonwealth and the citizens deserve to derive a benefit."
House Minority Leader Sam Smith (R-Jefferson) said, "This bill is neither pro-
environment, nor pro-business -- it is a pro-government spending bill. Raising taxes so
government can spend more, while potentially limiting job creation and economic growth in
Pennsylvania, is the wrong direction. Instead of focusing on jobs, the Democrats are fighting for
spending and taxes. Republicans have a different vision – using the Marcellus Shale field as an
opportunity for clean air and creating jobs.
"In their zest to grab more tax dollars, the Democrats subverted the 'reforms' they
continually tout to stop a vote on the 'Marcellus Works' jobs and clean air package. This vote
today showed the clear differentiation between the Republicans and Democrats in the House.
The Democrat plan imposes a tax that's too high, sends too much tax revenue to the state treasury
and not enough to local municipalities where drilling is happening and the impact is greatest."
Environmental Reaction
Andrew Heath, Executive Director of the Renew Growing Greener Coalition, said, "The
Renew Growing Greener Coalition supports the passage of Senate Bill 1155 as amended by Rep.
Kate Harper. The Coalition applauds the funding allocation to the Environmental Stewardship
Fund and Growing Greener. This revenue will allow the Growing Greener initiative to continue
benefiting local communities throughout the Commonwealth.
"The Coalition values the support of the members who voted for the bill’s final passage.
We recognize that for some this was politically difficult.
"We thank Rep. Kate Harper for putting forth the amendment that significantly increased
the allocation to the Environmental Stewardship Fund and Growing Greener.
"We thank Rep. (Todd) Eachus and the House leadership for encouraging their members
to vote for Senate Bill 1155 as amended by Rep. Harper.
"Our work does not end with the House passage. Now our attention turns toward the
Senate, where we have been encouraged by its Leaderships' support of Growing Greener. The
Senate Marcellus Shale Working Group has been engaging in an open dialogue with members of
the environmental, conservation and recreation community and I believe there is a genuine sense
of cooperation when it comes to our issues.
"The Renew Growing Greener Coalition is committed to seeing this process to the end
and we are excited to work with the Senate in producing the strongest bill possible.
PA Faces Tough Clean Water Mandates
The Matthew Ehrhart, PA Office Director of the Chesapeake Bay Foundation, sent this
message to members of the House supporting the amended Senate Bill 1155--
"The Chesapeake Bay Foundation, on behalf of our 16,800 members across
Pennsylvania, asks that you support Senate Bill 1155 as amended by Rep. Kate Harper. This
bill, as amended, provides critically needed funding to the Environmental Stewardship Fund.
"Last week the EPA published its draft Total Maximum Daily Load (TMDL), or
pollution budget, for the Chesapeake Bay States. They said very clearly that Pennsylvania’s
draft plan to improve water quality to meet that TMDL was woefully inadequate, primarily
because there was no documentation that the strategies and RESOURCES necessary to
implement PA’s plan were available. If the Commonwealth cannot improve its draft plan to
demonstrate with reasonable assurance that implementation is possible, EPA clearly identified
how it would use its legal authority.
"In the absence of satisfactory assurance of implementation of the non-point source
pollution controls for agriculture and suburban runoff, EPA will require limit of technology
upgrades at wastewater treatment plans and they will dramatically increase the requirements of
the MS4 stormwater permits held by many of our local communities. EPA has the discretion to
implement those Federal NPDES permit requirements.
"Adequate resources in the Environmental Stewardship Fund is a critical component to
provide EPA with the reasonable assurance that the Federal Clean water Act Requires. Senate
Bill 1155, as amended by Representative Kate Harper, is a keystone to building a plan that EPA
will accept and avoiding tremendously costly upgrades to our wastewater infrastructure."
Industry Comments
The Marcellus Shale Coalition issued this statement on the House-passed proposal--
"This evening, the Pennsylvania House of Representatives passed a massive,
uncompetitive new tax on the responsible development of clean-burning natural gas from the
Marcellus Shale formation, which has helped create nearly 88,000 jobs in Pennsylvania alone as
the state’s unemployment rate continues to remain near double-digits.
"This massive new tax – 39 cents per mcf of natural gas – represents the nation’s highest
among shale gas producing states. In fact, this onerous tax on shale gas production is twice as
high as West Virginia’s, currently the nation’s highest.
"Equally problematic, this enormous tax does not allow for natural gas producers to
recover and reinvest the millions of dollars required to produce shale gas from the Marcellus, as
virtually every other major shale gas producing state does. Many members of the House of
Representatives voted against this massive tax, recognizing the negative impact it would have on
job creation and investment in Pennsylvania."
"Kathryn Klaber, president and executive director the Marcellus Shale Coalition, issued
this statement following the vote:
“Votes for this misguided, unprecedented tax that narrowly passed this evening, are votes
against the job creation and the responsible development of clean-burning domestic natural gas,
which is helping to lower energy prices for Pennsylvania consumers and driving down our
nation’s dependence on foreign sources of energy.
“We are confident, based on Senator Scarnati’s public comments this evening, that the
Senate will remain steadfast in their commitment to realize a competitive climate for growth for
this industry, and prosperity for Pennsylvanians.
“To make certain that Pennsylvania’s economy and workforce remain ahead of the curve
in the increasingly competitive global economy requires commonsense solutions that encourage
capital investment in the Commonwealth. A competitively structured tax in Pennsylvania, that
allows for critical capital investment, coupled with smart regulatory and legislative
modernizations, is key to ensuring that this historic opportunity is realized in ways that benefit
each and every Pennsylvanian.”
Senate GOP Reaction
Senate Republicans have discussed, but have not yet put in writing, a more modest
program with a much lower tax rate to provide $153.5 million to the General Fund and $77
million split evenly between local governments and environmental programs in FY 2011-12.
The Senate Republican plan would divide future revenues by allocating 50 percent for the
General Fund, 25 percent for local governments and 25 percent for environmental initiatives, but
have not yet identified which environmental program will receive funding.
In a press conference Wednesday, Senate Pro Tempore Sen. Joe Scarnati (R-Jefferson)
threw cold water on the pending House Marcellus Shale natural gas production severance tax
raising questions about the constitutionally of the vehicle used by the House, the size of the tax
and the distribution of the revenue from the tax.
"This isn't about balancing the state budget, it's about addressing environmental and local
government concerns," said Sen. Scarnati. "I think the House proposal will not pass the Senate
without addressing the tax rate and distribution of funds."
Sen. Scarnati said the House "cleverly" used an unrelated bill and turned it into a tax bill
which raises significant constitutional issues.
"It remains to be seen whether adults can come together for an agreement on this issue,"
said Sen. Scarnati. "The prospects of adding days to the Senate schedule are nil."
"We have said all along the refunding of Growing Greener is a priority for the Senate,"
said Sen. Scarnati. "We've said all along the major priority for a severance tax is local share and
environmental programs."
Video of Sen. Scarnati's comments is available online.
Senate Majority Leader Dominic Pileggi (R-Delaware) said on a PCN call-in show
Wednesday the Marcellus Shale natural gas severance tax proposal passed by the House is not
acceptable to Senate Republicans, but at the same time said some additional work could yield an
acceptable result.
Sen. Pileggi said even Gov. Rendell felt the severance tax rate in the House proposal is
too high. He said the distribution of the resulting revenues gave too much to the General Fund
noting the priority needs he said were for local governments and to fund environmental
programs.
In response to a PCN caller, Sen. Pileggi expressed concerns about the constitutionality
of the vehicle the House choose to amend with the severance tax that he said could subject the
tax to legal challenge.
Sen. Pileggi said he met today (Wednesday) with House Leadership to discuss the issue
and made a pledge to them to work toward a solution on the severance tax.
On transportation funding, Sen. Pileggi said again the issue should be something the new
General Assembly and new Governor should address.
Sen. Pileggi also said the Senate will not return to voting session after the election to
consider legislation.
Senate Democrats
Sen. Jay Costa (D-Allegheny), Minority Chair of the Senate Appropriations Committee,
urged Senate Republicans to honor their promise and negotiate a fair and responsible gas drilling
extraction tax that generates the necessary revenue for state, local and environmental programs.
“Senate Democrats stand ready to support a reasonable severance tax that also addresses
public safety and environmental protection concerns,” said Sen. Costa.
“We know there are differences between the House plan and what Senate Republicans
have proposed. We know that we have disagreements, but we also know that all of the
legislative leaders gave their word that we would enact a new energy severance tax by October
1."
Democrats have expressed concern that a Senate Republican extraction tax proposal
would not be sufficient to fully address local and environmental concerns. The Commonwealth
cannot afford another giveaway to wealthy energy companies.
The Senator reiterated his view that the initial plan advocated by Senate Republicans is
rife with “gaping loopholes and exemptions that would render the tax virtually meaningless.”
“Pennsylvania needs a fair tax plan that allows drilling to proceed, and ensures it can
continue to grow as an economic generator and provide new employment opportunities for
commonwealth residents. It must also ensure important environmental protections, respect for
the rights of local communities, and provide fair compensation to the commonwealth, local
governments, and environmental programs. We should not let the Senate Republicans off the
hook. We must honor our commitment to address this issue now,” Sen. Costa said.
NewsClips: House Passes High Natural Gas Tax
House Passes Shale Gas Production Tax
House Passes Marcellus Shale Gas Tax
House Votes For Tax On Shale Drilling
House Approves Severance Tax Bill
Natural Gas Tax Debate Heats Up As Deadline Nears
Gas Drilling Tax Passes House, Iffy In Senate
GOP Derides Gas Extraction Tax Passed By House
Scarnati: House Marcellus Shale Tax Bill Has Serious Flaws
Scarnati: House Marcellus Tax Proposal Too High, Deadline Not Met
Senate Leader Calls House Severance Tax Figure Ridiculous
Corman: Proposed Drilling Tax Unconstitutional
Harper Amendment Helps Pass Marcellus Shale Tax Bill
Op-Ed: Marcellus Gas Tax Will Help Growing Greener Fund
Corbett Says Programs Could Be Cut To Reduce State Spending
Jack Wagner: Worst Fiscal Crisis In State History On Horizon
Wagner Says Pennsylvania Faces $5 Billion Budget Gap In Fiscal Year 2011-12
Auditor General Jack Wagner said this week the next governor and
General Assembly will be confronted with one of the greatest fiscal crises
in state history – a potential $5 billion budget gap created by a $2.5 billion
loss in federal stimulus funds, $3 billion in unemployment payments to the
federal government, and an increase of at least $800 million for rising
pension costs.
Wagner, who opposes raising taxes during a recession, said that the
state's budget will likely have to be reduced from $28 billion this year to
$24 billion for the 2011-12 fiscal year.
With Pennsylvania and the nation still mired in the greatest economic calamity since the
Great Depression, Wagner said it was unlikely that tax receipts would grow enough by the end of
the next fiscal year to cover the shortfall.
"Pennsylvania's budgetary woes are far from over," Wagner said. "In fact, they will get
worse before they get better."
Wagner said that years of fiscal sloth, in which state spending rose significantly faster
than the overall inflation rate, created Pennsylvania's fiscal crisis.
The state budget has increased from $21.01 Billion in Fiscal Year 2003-04 to $28.04
Billion in Fiscal Year 2010-11, a 33.5 percent increase, Wagner said. He noted that during that
same time period, the inflation rate increased by 18.5 percent, meaning that Pennsylvania's state
budget increased nearly double the rate of inflation.
Tax revenues for first two months of this year show that economy has stabilized, but
there are no indications that we're going to grow our way out of this hole, Wagner said.
Wagner said that during the coming weeks he will be making additional
recommendations on how the next governor and General Assembly can save money and balance
the budget without resorting to tax increases.
NewsClips: Jack Wagner: Worst Fiscal Crisis In State History On Horizon
Wagner: Budget Wouldn't Be Here If Rendell Would Have Listened
September State Revenue Collections $69 Million Over Estimate, $75.8 Million For Fiscal
Year
Pennsylvania collected $2.3 billion in General Fund revenue in September, which was $69.8
million, or 3.1 percent, more than anticipated, Secretary of Revenue C. Daniel Hassell reported
Friday. Fiscal year-to-date General Fund collections total $5.8 billion, which is $75.8 million, or
1.3 percent, above estimate.
Gov. Rendell earlier said he was counting on $70 million from the Marcellus Shale
natural gas severance tax to fill the hole in the budget created when Congress failed to
appropriate the full amount of Medicaid funds the budget anticipated. Hopefully, these new
revenues will forestall any new budget cuts or state employee layoffs.
Sales tax receipts totaled $661.6 million for September, $8 million above estimate. Year-
to-date sales tax collections total $2.1 billion, which is $42.5 million, or 2 percent, more than
anticipated.
Personal income tax (PIT) revenue in September was $932.6 million, $900,000 above estimate.
This brings year-to-date PIT collections to $2.2 billion, which is $11.5 million, or 0.5 percent,
below estimate.
September corporation tax revenue of $488.6 million was $52.7 million above estimate.
Year-to-date corporation tax collections total $590 million, which is $50.9 million, or 9.4
percent, above estimate.
Other General Fund revenue figures for the month included $61.6 million in inheritance
tax, $100,000 below estimate, bringing the year-to-date total to $192.3 million, which matches
the estimate.
Realty transfer tax was $23.4 million for September, $5.3 million below estimate, bringing the
total to $81.8 million for the year, which is $19.2 million less than anticipated.
Other General Fund tax revenue, including cigarette, malt beverage, liquor and table
games taxes totaled $130 million for the month, $7.2 million above estimate and bringing the
year-to-date total to $364.9 million, which is $8.6 million above estimate.
Non-tax revenue totaled $17.5 million for the month, $6.5 million above estimate,
bringing the year-to-date total to $245.4 million, which is $4.5 million above estimate.
In addition to the General Fund collections, the Motor License Fund received $178.6
million for the month, $1.7 million below estimate. Fiscal year-to-date collections for the fund
total $615.8 million, which is $35.5 million, or 6.1 percent, above estimate.
NewsClip: State Revenue Collections Grow For September
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to: hrg@hrg-inc.com.
Skelly and Loy, Inc., is a environmental engineering and consulting firm. For more information
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by calling 800-892-6532 or by sending email to: sbasehore@skellyloy.com.
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Here are the Senate and House Calendars showing bills of interest as well as a list of new
environmental bills introduced--
Session Schedule
Senate Session
October 12, 13, 14
November 18 (Ceremonial Session to Elect an Interim President Pro Tempore)
House Session
October 4, 5, 6
November 8, 9, 10, 15, 16
Calendars
House (October 4): House Bill 80 (Vitali-D-Delaware) expanding the Alternative Energy
Portfolio Standards and authorizing a carbon sequestration network; House Bill 894 (Phillips-R-
Northumberland) establishing a Lyme Disease Task Force and assigning responsibilities to the
Department of Conservation and Natural Resources without funding; Senate Bill 298 (Yaw-R-
Bradford) amends the Farmland and Forest Land Assessment Act to allow the splitting off of
preserved farm and forest lands used for alternative energy systems and natural gas and coal bed
methane; House Bill 2405 (DePasquale-D-York) which would increase the solar mandate
provisions of the Alternative Energy Portfolio Standards and provide for carbon sequestration
facilities; House Bill 2619 (Preston-D-Allegheny) further providing for municipal aggregation
of electric generation supply; House Resolution 864 (Mundy-D-Luzerne) memorializing
Congress to pass the Fracturing Responsibility and Awareness of Chemicals Act.
Senate (October 12): Senate Bill 1379 (Musto-D-Luzerne) requiring the recycling of college
textbooks; Senate Bill 1422 (D.White-R-Indiana) authorizing PennVEST to fund non-point
source management projects including specifically urban stormwater projects; House Bill
708 (Ross-R-Chester) requiring electronics recycling funded by industry fees; House Bill
2591 (George-D-Clearfield) authorizing PennVEST to fund non-point source management
projects including specifically urban stormwater projects.
Bills Introduced
Reliability Pricing Model: Senate Resolution 400 (Boscola-D-Lehigh) urging the Federal
Energy Regulatory Commission to phase out the Reliability Pricing Model for electricity.
House
Geospatial Council: House Bill 2300 (Fairchild-R-Snyder) establishing the State Geospatial
Coordinating Council was referred to the House Appropriations Committee.
Pipeline Safety: House Bill 2693 (Baker-R-Tioga) further providing for the regulation of
pipelines by the PUC was reported from the House Consumer Affairs Committee and then
referred to the House Appropriations Committee.
Blight: Senate Bill 900 (Argall-R-Schuylkill) further providing for neighborhood blight
reclamation and revitalization was amended and reported from the House Urban Affairs
Committee and was referred to the House Appropriations Committee.
Water Trail Study: House Resolution 884 (Levdansky-D-Allegheny) directing the Legislative
Budget and Finance Committee to study the economic impact of recreational water trails on local
communities was reported from the House Tourism and Recreational Development Committee
and is now on the House Calendar for action.
Boiler MACT Rule: House Resolution 879 (Haluska-D-Cambria) urging EPA to revise the
proposed boiler MACT rule was adopted by the House.
Senate
Capital Budget: House Bill 2291 (D.Evans-D-Philadelphia) 2010-2011 Capital Budget projects
bill was passed by the Senate and was returned to the House for a concurrence vote.
Electronics Recycling: House Bill 708 (Ross-R-Chester) requiring electronics recycling funded
by industry fees was referred into, amended and reported from the Senate Appropriations
Committee and is now on the Senate Calendar for action.
Alternative Energy: House Bill 1128 (Preston-D-Allegheny) was amended to increase the solar
standard to 1.5 percent and then the overall Tier 1 alternative energy standard to 9 percent by
2021 was referred to the Senate Appropriations Committee.
Textbook Recycling: Senate Bill 1379 (Musto-D-Luzerne) requiring the recycling of college
textbooks was amended and reported from the Senate Appropriations Committee and is now on
the Senate Calendar for action.
News From The Capitol
Marcellus Shale Protesters Terror List Subject Of Senate Hearing, Homeland Director
Resigns
Reports On REAP, Clean And Green Issued By Budget & Finance Committee
The Joint Legislative Budget and Finance Committee this week released evaluation reports on
the Resource Enhancement and Protection (REAP) farm conservation tax credit program and the
Clean and Green farmland preferential assessment program.
REAP Tax Credits
As part of a general review of tax credit programs, the Committee released an evaluation
of the REAP farm conservation tax credit program and found projects funded by the credits have
led to a positive environmental impact.
The report documents a reduction of over 1 million pounds of nitrogen, 74,238 pounds of
phosphorus and 64,329 tons of sediment as a result of tax credits issued through 2009.
The Committee recommended the one-year waiting period for selling tax credits should
be eliminated, the first-come, first-served provisions in the law should be changed to allow for
more targeting of the credits and more adequate resources need to be in place to provide on-
going monitoring of tax credit-funded projects.
Clean & Green
The report on the Clean and Green preferential assessment program for farm and
forestland found the program continues to provide strong financial incentives to property owners
to continue agricultural and forest use of their property.
Sen. John Pippy (R-Allegheny) serves as Committee Chair.
The Senate Urban Affairs and Housing Committee held a public hearing this week to seek
further input on the impact the emerging natural gas industry is having on housing in
Northcentral Pennsylvania.
Sen. Gene Yaw (R-Lycoming) serves as Majority Chair and Sen. Shirley Kitchen (D-
Philadelphia) serves as Minority Chair.
Among those who testified were representatives of landlords' associations, Realtors,
housing organizations and energy companies. Sen. Yaw said the hearing was a follow-up to a
related meeting that was held earlier this year in Towanda.
"Since that meeting, it has become clear that the housing situation continues to be a
concern for local residents, particularly low- to moderate-income families, senior citizens and
those seeking affordable rental properties," Sen. Yaw said. "The housing market in the Northern
Tier of Pennsylvania simply hasn't been able to keep pace with the influx of new workers and
their families who are coming here as a result of the Marcellus Shale play."
Sen. Yaw said those testifying agreed that the booming industry is placing an ever-
increasing demand on the limited availability of rental housing. Because many of the incoming
gas industry workers have a higher ability to pay for housing, rents have skyrocketed – in some
cases doubling or tripling – and fewer rentals are available.
"This creates a serious problem for local residents, especially those who rent," Sen. Yaw
said. "Supply and demand has caused families to be displaced when their leases run out, and in
some cases forced to live in substandard housing because they have been priced out of the rental
market."
A number of those testifying recommended that legislators and state officials develop a
long-term planning process as a response to the housing shortage, particularly since other areas
of the state where Marcellus Shale is being discovered will be impacted. They said the state must
work with counties and municipalities to determine how they can meet housing and
infrastructure needs.
"The Marcellus Shale industry has brought jobs and economic development to our area at
a time when many communities are struggling," Sen. Yaw said. "Our goal is to ensure that as the
industry grows, our municipalities can provide the resources and infrastructure needed to
accommodate both new workers and current residents."
Testimony from the hearing is available online.
Written by Laurie Popeck, Project Facilitator for the Slippery Rock Creek Watershed
Conservation Plan and Clean Creek Products at Stream Restoration, Inc. She can be contacted
by sending email to: laurie@streamrestorationinc.org.
EPA Releases More Detailed List Of PA Chesapeake Bay Cleanup Plan Deficiencies
The U.S. Environmental Protection Agency this week released a more detailed review of what it
called "serious deficiencies" in Pennsylvania's plan to reduce nutrient and sediment pollution
going to the Chesapeake Bay.
The comments followed up on a preliminary review last week which found
Pennsylvania's plan failed to demonstrate an ability to actually fully deliver necessary and
promised pollution reductions, the plan lacks specific funding, policy and program commitments
to fully comply with pollution reduction milestones.
At the same time, EPA released a draft Chesapeake Bay Total Maximum Daily Load
(TMDL), a mandatory plan designed to restore the Chesapeake Bay and its streams, creeks and
rivers.
EPA opened the comments by saying, "EPA commends Pennsylvania for involving
stakeholders through the WIP Management and Workgroup teams during development of the
draft Phase I WIP. Stakeholder input is evident through connections being made in the WIP
between local priorities and Bay TMDL implementation, such as rural economic development
opportunities through innovative new agricultural technologies.
"EPA also appreciates the overarching themes of milestone implementation and tracking;
innovation and trading; and improved compliance, especially with agriculture and stormwater,
that are articulated in the WIP’s introduction. However, there was insufficient detail on
quantifying the gaps, proposed gap-filling strategies and associated actions, and timeframes to
assure that the necessary reductions would be achieved.
"EPA is concerned that the WIP falls short in meeting the nutrient targets, given the large
amount of reductions Pennsylvania is responsible for to meet the Bay TMDL."
Among the steps EPA said need to be taken are adopting a limit of technology standard
for wastewater treatment plants, assigning specific nutrient reduction standards to urban
stormwater management programs, controlling erosion and sedimentation on all construction,
requiring more permits for farming operations and more.
Among the EPA comments were--
-- PA WIP very weak compared to the amount of N, P, and sediment PA must reduce. Strategies
do not equate to the reductions PA is proposing, nor provide reasonable assurance that nutrient
and sediment targets will be met by the 2017 and 2025 milestones;
-- Agriculture: No detailed program capacity description, gap analysis, and strategies/timeframes
to fill gaps;
-- Agriculture: No detailed plan for how to ensure compliance with existing regulatory programs;
-- Urban Stormwater: Most of the strong stormwater concepts described in the WIP are in
policies, guidance and manuals, with questionable enforceability and accountability;
-- Wastewater: Many permits that have been issued with limits that will not become effective
until after 10/01/2010, some as late as 2014, contrary to the permit schedule provided in the
WIP; and
-- Growth: Offset program is not water quality-oriented for agricultural credit generation. Offset
and trading credits cannot be generated until source achieves baseline TMDL compliance. There
is no discussion how the “core four” practices meet base line TMDL compliance.
The Chesapeake Bay Foundation issued a statement last week saying Pennsylvania's
Watershed Implementation Plan failed to meet EPA standards and said many more resources
were needed to meet water quality cleanup standards.
The PA Farm Bureau also stressed the need to provide more funding to improve farm
conservation programs.
Four public meetings to take comments on Pennsylvania's Chesapeake Bay Watershed
Implementation are scheduled from October 18 to 21.
A copy of the EPA's detailed comments are available online.
The Coldwater Heritage Partnership this week announced the opening of the Coldwater
Conservation Grants Program to protect and conserve the health of Pennsylvania’s coldwater
ecosystems.
The deadline for applications is December 17. Two grant programs are available:
Coldwater Conservation Planning Grants: These grants are designed to help develop
conservation plans that identify the values and threats to the health of our coldwater ecosystems
that have naturally reproducing trout. The collected information can be used as a catalyst for
more comprehensive planning or for development of watershed improvements projects.
The partnership will award grants averaging approximately $6,000 to organizations to
outline strategies that best conserve and protect our coldwater fisheries. Additional details can
be found in the attached grant application.
Applications, guidelines and more information are available at the Coldwater Heritage
Partnership website or by contacting PATU Coldwater Resource Specialist Deborah Nardone at
814-359-5233 or by sending email to: c-dnardone@state.pa.us.
The Department of Environmental Protection this week said residents of Dimock Township,
Susquehanna County, will receive public water service from Pennsylvania American Water to
replace private wells contaminated with methane gas migrating from poorly constructed natural
gas wells.
Environmental Protection Secretary John Hanger said the state and the water company
will proceed with construction of the water line and will seek to recover the cost of the project
from Cabot Oil & Gas Corp., whose wells are responsible for the gas migration problems in the
township.
"The residents of Dimock have waited long enough for Cabot to provide a permanent
solution to the gas migration issues that have plagued this community's water supplies,"
Secretary Hanger said. "Today, we are announcing an agreement with Pennsylvania American
Water Company to extend public water lines from Montrose and provide a safe, dependable
water supply to residents here."
Gas migration problems in Dimock first became evident when a private water well
exploded on January 1, 2009. A DEP investigation revealed that methane gas from a shallow
formation had been disturbed and migrated through poorly constructed wells Cabot built while
drilling for the much deeper Marcellus Shale formation.
On April 15, 2010, the department ordered Cabot to plug three operating natural gas
wells in the township and take remedial action on a fourth well to address gas migration that had
contaminated 14 water supplies. In addition, DEP fined Cabot $240,000 and ordered the
company to install permanent treatment systems in 14 homes within 30 days. Cabot Oil & Gas
also was prohibited from drilling any new wells in a nine-square-mile area around Dimock until
April 2011.
On September 14, DEP determined that three additional water supplies serving four
residences had been contaminated by migrating gas migration caused by Cabot's drilling
activities.
"The problems in Dimock were caused by Cabot's failure to construct their natural gas
wells properly, and we are holding them responsible for the damage caused by these wells,"
Secretary Hanger said. "We intend to proceed with construction of a public water system for the
Dimock area and will seek recovery of costs from Cabot Oil & Gas."
Pennsylvania American Water Company will construct a new, 5.5-mile water main from
the company's Lake Montrose water treatment plant south along Route 29 to Dimock and install
approximately seven miles of distribution line to provide water service to at least 18 homes.
The solution to the drinking water needs in Dimock will also make this basic resource
accessible to other residents along Route 29 not currently served by public water. The water
company will also install pressure regulating stations and a new treatment facility to serve the
community.
The waterline extension and associated facilities is estimated to cost $11.8 million.
"Pennsylvania American has proven itself to be a reliable source of quality drinking
water to more than two million Pennsylvanians," said Secretary Hanger. "I am disappointed that
Cabot has chosen not to embrace this opportunity to put these events behind us and allow
everyone involved in this difficult matter to move forward."
NewsClips: Amid Drilling Fight, Dimock Gets Public Water
DEP Pledges Public Water For Dimock
Marcellus Shale Fight Takes New Turn With Pipeline Mandate
Cheers Resound In Dimock, But Fight Goes On
PA May Sue Driller Over Water
Dimock Water Announcement Still On Despite Cabot Protests
Public Water To Extend To Dimock
Cabot Drilling Company Accuses DEP Of Waging War Against Us
Cabot, DEP Clash Over Dimock Water Contamination
Related Story
Cabot Refutes Reports Of Carter Road Water Contamination By Fracking Fluid
Before the rains this week, the Susquehanna River Basin Commission had prohibited Marcellus
Shale drilling water withdrawals from 60 of 133 approved water withdrawal points due to
drought conditions in the watershed.
SRBC has approved a total of 133 drilling water withdrawal points, 81 of those have
conditions that require the suspension of water withdrawals during severe drought conditions.
For more information visit SRBC's Drought Coordination Center and their Marcellus
Shale Regulation webpages.
NewsClips: Rain Will Put A Quick End To Drought
Record Rainfall Pounds Drought-Stricken Region
Flood-Prone Areas Keep Eye On River
Caution Key As Floods Forecast
The Marcellus Shale Coalition leadership and Gov. Tom Ridge, an MSC strategic advisor,
formally unveiled a set of principles by which the industry will live by “each and every day” and
“embrace.” These principles were first rolled out last night at the MSC’s annual members
meeting in Pittsburgh.
“We have an unprecedented opportunity with the Marcellus Shale – the second largest
natural gas field in the entire world. Of course though, we need to be smart – and responsible – at
every step of the way as this tremendous opportunity is realized. And we are, and will continue
to be,” said Gov. Tom Ridge. “We will protect our environment while creating tens of thousands
of family-sustaining jobs. We will continue to work to strengthen local communities and see to
their needs while we work to create sustainable, long-term economic and energy security benefits
for every Pennsylvanian. We will focus on developing new demand for natural gas while we
improve our efforts to conserve energy. And our guiding principles reinforce this commitment.”
“The responsible development of the Marcellus Shale formation’s abundant, job-creating
and clean-burning natural gas reserves represents a historic opportunity to strengthen the region’s
economy and workforce, and holds the promise to dramatically bolster the nation’s energy
security and put America on a path toward a cleaner energy economy,” said Kathryn Klaber,
MSC president and executive direction. “The MSC’s ‘Commitment to the Community’
underscores the industry’s steadfastness to ensuring that this generational opportunity ‘is done
right,’ so that the nearly 12 million Pennsylvanians, and beyond, realize its overwhelmingly
benefits.”
“As a coalition it’s our responsibility to develop this resource the right way. Our core
values include the safety of our employees, our landowners and the communities where we work,
environmental stewardship, transparency, and a commitment to best practices. Most importantly,
while this is complex technology, we need to keep things simple – we must, and are committed
to doing things right,” said Ray N. Walker, Jr., senior vice president of Range Resources and
chairman of the MSC. “Our ‘Commitment to the Community’ will help make certain that we will
deliver on what is looking more like maybe the greatest economic opportunity this
Commonwealth has seen in generations. We will continue to strive to set the standard for the rest
of the world and ensure that not only will we create jobs, economic opportunities, and cleaner,
cheaper energy, but the communities where we work will be far better off because of us. We
have a great opportunity and with that comes an even greater responsibility.”
The MSC’s “Commitment to the Community” Guiding Principles are as follows:
-- We, the members of the Marcellus Shale Coalition, embrace and operate by the following
guiding principles:
-- We provide the safest possible workplace for our employees, with our contractors, and in the
communities in which we operate;
-- We implement state-of-the-art environmental protection across our operations;
-- We continuously improve our practices and seek transparency in our operations;
-- We strive to attract and retain a talented and engaged local workforce;
-- We are committed to being responsible members of the communities in which we work;
-- We encourage spirited public dialogue and fact-based education about responsible shale gas
development; and
-- We conduct our business in a manner that will provide sustainable and broad-based economic
and energy-security benefits for all.
-- We recognize that to succeed in business, we not only embrace these principles, we live by
them each and every day. This will be our legacy.
A copy of the principles are available online.
GE To Help Natural Gas Producers Treat Shale Gas Frac Water At The Well Site
Further advancing a solution for unconventional natural gas production, GE, based in Trevose,
Pa, introduced a mobile evaporator, specifically designed to help natural gas producers recycle
untreated waters that result from the hydraulic fracturing process at the well site.
GE’s new, completely mobilized evaporator is energy efficient, fully transportable, cost
effective and will enable on-site frac water recycling, reducing the volume of wastewater and
fresh water that needs to be hauled to and from the site.
There are massive amounts of natural gas and oil buried deep below the earth’s surface in
shale reservoirs, which lack the natural permeability to flow to the surface for recovery. The
process of hydraulic fracturing, which involves creating small fractures in the rock surrounding
the reservoirs in order to create a path through which the natural gas and oil can flow, has
enabled production from oil and gas resources that were otherwise thought unrecoverable.
While hydraulic fracturing increases the production rate of oil and gas wells, the process
also uses a substantial amount of freshwater and produces billions of gallons of wastewater each
year. To offset this impact on the environment, GE's mobile evaporator will treat the severely
impaired waters, such as frac flowback and produced water, making it possible to reuse the water
in the industrial process, reduce the amount of fresh water consumed and reduce any subsequent
environmental impact from discharge.
GE’s mobile evaporator will be used for all unconventional gas and frac water
applications in regions of the world where shale gas can be found, including North America,
Europe, China and Indonesia. Initial applications will be in various North American markets
such as the Marcellus Shale reservoirs located in the Appalachian Basin.
Regions like the Marcellus Shale are unique in that they produce very high total dissolved
solids (TDS) frac water, have limited deep well capacity and increasingly stringent discharge
regulations. The mobile evaporator will enable natural gas producers to significantly decrease
their transportation and disposal costs. Additionally, the communities will benefit from less truck
traffic and decreased wear and tear on local roads. The first units will be available in early 2011.
“GE’s objective is to create a solution that not only lessens the environmental impact of
gas drilling, but also one that reduces the current treatment cost to service providers and
producers. As the mobile evaporator illustrates, our research and development teams are
continually working toward offering new solutions to meet our customers’ challenges throughout
the industry,” said Jeff Connelly, vice president, engineered systems—water and process
technologies for GE Power & Water.
The mobile evaporator is a 50-gallon per minute, horizontal, shell and tube, forced
circulation, mechanical vapor recompression system. Unlike other treatment methods, thermal
evaporation removes nearly all of the impurities in the water, allowing producers to easily meet
the newly passed Pennsylvania discharge regulations of less than 500 TDS. The mobile
evaporator is mounted on a single trailer that will allow it to reach the most remote drilling sites.
Additionally, its unique design has been optimized for maximum energy efficiency.
GE has offered thermal evaporation technology for more than 40 years, but this is the
first time that the technology used for the treatment of shale gas frac water has been completely
mobilized.
For more information, visit GE's Shale Solutions webpage.
SRBC: Real-Time Water Quality Data Available For Little Mehoopany Creek
The Susquehanna River Basin Commission this week announced real-time data from a remote
water quality monitoring station installed on Little Mehoopany Creek, Wyoming County, are
available on SRBC’s website.
A user-friendly map, graphs and charts are key features for viewing and understanding
the data.
The Little Mehoopany Creek monitoring station, which SRBC installed on September 8,
is part of a larger monitoring network that SRBC initiated in January 2010 to monitor water
quality conditions in smaller watersheds generally of 30 to 60 square miles in size. The purpose
of the monitoring is to help determine whether streams are or are not being impacted by natural
gas drilling activities.
The Little Mehoopany monitoring station is equipped with water quality sensors and a
transmitter to continuously report water temperature, pH, dissolved oxygen, turbidity (water
clarity), water depth and conductance (ability to conduct electricity). Elevated levels of
conductance in water can be a leading indicator of impacts from natural gas activities if they
occur.
“Working in partnership with local interests was among the Commission’s goals when
we launched this monitoring program,” said SRBC Executive Director Paul Swartz. “When the
Mehoopany Creek Watershed Association asked us to consider installing a station in Little
Mehoopany, our technical staff assessed the area and agreed that it would be an ideal location.”
Swartz said, “Local groups often are aware of specific water resource conditions and
needs that the Commission can factor in when deciding where to locate monitoring stations.
Also, as in the case of the Mehoopany watershed association, local interests have helped us
encourage private landowners or municipal officials to host a monitoring station.”
SRBC receives the data from the monitoring stations and makes it available to other
resource agencies and the public via its website. The data help environmental protection
officials track existing water quality conditions and any changes in them on an ongoing, real-
time basis. The data also help local public water suppliers, watershed groups and communities
stay informed.
“Because of environmental impact concerns, the Mehoopany Creek Watershed
Association is focused on maintaining the environmental integrity within the watershed,” said
association member Emily Krafjack. “To strengthen the association’s efforts in that regard, we
were very interested in obtaining a remote monitor in our watershed. We are very pleased to
have been able to work with SRBC to obtain this monitor for our community, and in particular,
the Little Mehoopany Creek.”
SRBC has to date installed 25 monitoring stations primarily in northern tier Pennsylvania
where natural gas drilling in the Marcellus shale is most active. SRBC anticipates having a total
of 40 stations installed by December 2010 (30 in Pennsylvania and 10 in New York).
Funding for the Pennsylvania stations was made possible by a $750,000 contribution in
2009 from East Resources, Inc., a natural gas company based in Warrendale, Pennsylvania.
Financial support of $200,000 from the New York State Energy Research and Development
Authority is covering the 10 stations in New York State.
In addition to monitoring locations where natural gas drilling is most active, SRBC is
installing some of the stations where no drilling activities are planned so SRBC can collect
control-data.
Swartz said, “The Commission clearly understands that citizens are concerned about
natural gas drilling activities occurring in the Susquehanna basin. Data collection efforts such as
this monitoring network are critically important to establish existing background conditions and
monitor changes in water quality.”
SRBC’s overarching objective of this monitoring network is to apply good science in
order to track changes in water quality conditions over time and to allow for timely responses in
the case of pollution events. Other objectives are to reduce the cost of data collection by using
advanced technologies, enhance water supply protection through source water monitoring and be
responsive to public concerns.
SRBC continues to reach out to local government officials, colleges and universities and
watershed organizations to seek their input regarding placement of the monitoring stations.
For more information, visit SRBC's Monitoring Network webpage.
Bucknell University will again be the host for the Annual Susquehanna River Symposium in
Lewisburg, Pa.
This year’s symposium features Bucknell's collaboration with the Susquehanna River
Heartland Coalition for Environmental Studies and the Susquehanna River Basin Commission to
expand the ecological monitoring of the river and begin assessing its environmental health.
A keynote address will be given by Michael Reynolds, Northeast Deputy Director of the
U.S. National Park Service to acknowledge ongoing efforts to extend the John Smith Heritage
Trail from the Chesapeake Bay to the above the confluence of the North and West Branches.
Professor Katie Faull, Bucknell University and David O'Neill, Executive Director of the
Chesapeake Conservancy, will report on the significance of this proposed extension, which
builds upon their recent findings published by themselves and other Heartland scholars.
WVIA Public TV will show "Reflections on the River," which features stunning video
segments from their award-winning documentaries on the Susquehanna River valley and
surrounding regions.
On Saturday, the Symposium features the State of the Susquehanna Assessment, a
collaborative, intensive, and long-term study of the river underway in partnership with the
Bucknell University Environmental Center, the Susquehanna River Heartland Coalition for
Environmental Studies, the Susquehanna River Basin Commission and the U.S. Environmental
Protection Agency.
Scientists from Heartland universities and partner agencies will present their findings of
many different aspects of the Susquehanna's health. Topics range from fluvial adjustments and
logging legacy sediments, to fish, dams, and endocrine disrupters, to algae, water chemistry,
crayfish and hellbenders, to Marcellus gas development and mitigation of abandoned mine
drainage.
A highlight of every river symposium is the student research poster session, which is
shaping up to be the largest ever this year. From 8:30 to 10:00 p.m., you will be able to interact
with over one hundred students, faculty, and other scientists displaying their posters and research
findings.
Also on display will be exhibits from a number of important organizations, including the
departments of Environmental Protection, Conservation and Natural Resources, Susquehanna
River Basin Commission, SeaGrant PA, and others with whom we are collaborating in studies
across the watershed.
Download a brochure on the Symposium showing the detailed agenda.
For more information and to register, visit the Susquehanna River Symposium webpage.
The Department of Environmental Protection this week invited the public and interested groups
to submit water quality information as part of its review of special protection watershed
evaluations in Berks, Clarion, Columbia, Elk, Lancaster, Lebanon, Montour, Northumberland,
Pike, Susquehanna and Wayne counties.
The formal notice lists the streams involved and more information.
90 Percent Cut In Upper Delaware River Flow Endangers Brown Trout Spawning
The Friends of the Upper Delaware River this week said a 90 percent cut back in the flow of the
upper Delaware River from the Cannonsville Reservoir is a danger to brown trout now spawning
in the river.
“It is incomprehensible how the authorities charged with the stewardship of this famous
fishery and its magnificent environment could be so reckless,” says Al Caucci, vice president of
Friends of the Upper Delaware River, a nonprofit environmental conservation group. “Under
current conditions, more than 50 miles of prime wild trout water on the West Branch and main
stem Delaware, from Deposit to Callicoon, NY, is in serious jeopardy.”
Water releases from Cannonsville were cut from 1,100 cubic feet per second to 115 cfs
overnight Sunday. Within hours, gravel beds were exposed downstream.
If trout spawning has begun, the exposure of the eggs is probably fatal, said Caucci, who
has written three reference books about the relationship between trout and aquatic insects,
including the seminal “Hatches.” Also imperiled are aquatic insects, dwarf wedge mussel beds
and the shad fry trying to make their way downstream to the ocean.
This is the fourth time since May that FUDR has been prompted to issue a “Crisis Alert”
over dam releases.
“They have proven once again that there is absolutely no stewardship whatsoever by the
water authorities in matters of the fishery,” says Caucci.
The Delaware River Basin Commission, a multi-state entity, is charged with overseeing
the river system. Also to blame is the New York City Department of Environmental Protection,
which has extraordinary influence with the DRBC.
Protocols for water-release rates are spelled out in the so-called Flexible Flow
Management Program, approved in 2007 by the commission.
FUDR has long been a critic of the program, which leads to heavy flows when trout need
it least and a trickle when the fish need it most, like now and during heat waves. FUDR
advocates a common-sense release plan that would benefit the wildlife as well as those who live
on and visit the river for recreation.
The simple solution, supported by environmental groups and fishery experts, is a steady
release of a minimum flow rate of about 600 cubic feet per second out of Cannonsville into the
West Branch from April through September. For the past month, water was being released in a
muddy torrent at nearly double that rate. As of Tuesday, the flow was measured at one-fifth of
FUDR’s target rate.
Last year, FUDR gained assurances from the New York State Department of
Environmental Conservation that any early-fall flow reductions would be done gradually to
protect spawning trout.
“And now they close the spigot 90 percent overnight, without warning,” says Dan
Plummer, FUDR’s board chairman. “It’s frustrating that our endless discussions with--and
promises from--the water bureaucracy lead us right back where we started.”
FUDR has called upon the DRBC to devise a rational water-release plan. The
organization is urging the river’s residents, fishing enthusiasts, those who use the river system
for recreation, and those in the region who earn a living from outdoors tourism to contact their
elected officials or the DRBC to let them know that they value a healthy river and oppose the
flawed flow plan.
The Philadelphia Water Department is searching for a “spokesdog” worthy of the title Philly
Water’s Best Friend. Dog owners residing in East Falls, Manayunk, and Roxborough have until
November 28 to make their pooch eligible for the competition’s grand prize, a $200 gift card to a
local pet store.
The purpose of the Philly Water’s Best Friend Competition is to reduce water pollution.
Organizers plan to accomplish this by teaching pet owners about the importance of picking up
dog waste.
A total of 20 finalists will be chosen in February by virtue of online voting; 10 from East
Falls and 10 from Manayunk and Roxborough. Two winners will then be chosen by a panel of
judges at competitions in each neighborhood next spring. Afterward, each winner will have one
year to attend three community events where they will hand out bag dispensers and educational
tip cards.
“Believe it or not, dog waste is a number-one concern for citizens who express
reservations about planting trees or greening their properties,” said Joanne Dahme, general
manager of public affairs at the Philadelphia Water Department. “Our goal is to work creatively
with riverside communities to reduce this pollution, which results in tainted stormwater runoff
flowing into our rivers and streams, by using common-sense solutions, like picking up after your
pet.”
Contrary to popular opinion, dog waste is not environmentally friendly, nor is it a
fertilizer. Dog waste is a pollutant that spreads whenever rain or melting snow washes it into
storm drains. This runoff causes bacteria, parasites and algae to collect in local waterways, like
the Wissahickon Creek and Schuylkill River. Fortunately, this can be prevented. All owners
have to do is flush their dog’s waste down the toilet or discard it in the trash using a
biodegradable bag.
To enter your dog, visit the Philly Water’s Best Friend Competition webpage. For more
information, please call the Partnership for the Delaware Estuary at 800-445-4935, extension
112.
Sponsors for this program include the East Falls Development Corporation, Manayunk
Development Corporation, Partnership for the Delaware Estuary, and the Philadelphia Water
Department.
Passed by the state legislature in 1978 and fueled by increased urbanization statewide, Public Act
167 was designed to reimburse up to 75 percent of communities' costs to create and update
comprehensive stormwater management plans contracted through the Department of
Environmental Protection.
Once developed, the plans are designed to help communities mitigate increased
stormwater runoff and downstream flooding risks associated with urbanization. The act also sets
standards for developers to maintain baseline hydrologic conditions in all Pennsylvania counties.
At the start of Pennsylvania's 2011 budget year on July 1, P.A. 167 funding to counties
across the state was eliminated. While the state honored its existing countywide stormwater
management contracts through June 30, all will be asked to self-fund their own plans after this
date, regardless of their individual progress toward completion.
Phase one of the process involves establishing scope and budget for plan development,
with phase two centering on plan development and execution. The second phase also includes
development of hydrologic models and supporting ordinances required to enact plans.
L.R. Kimball experts have served as architects of Act 167, and as advisers to the
Pennsylvania DEP in transitioning from a watershed-based to a countywide program approach.
The company also assists several Pennsylvania counties in developing stormwater management
plans.
David French, Business Development Manager with L.R. Kimball, says if counties are
unable to self-support these plans, the elimination of P.A. 167 funding could leave communities
minimally prepared to mitigate runoff and flooding, and could present undue risks to water
quality and future development.
"To overcome this funding challenge, an alternative approach for the Commonwealth
could be to consider thinking about stormwater management as a utility similar to water and
sewerage systems. This will help counties and municipalities develop fee structures, provide for
the financial viability for stormwater management and determine precisely how they will
implement fees to maintain a revenue stream," said French.
L.R. Kimball recently released an educational white paper, "Economy and Ecology: New
Approaches to Stormwater Management" that outlines how traditional stormwater management
approaches are evolving. The white paper provides guidance to municipalities on new fee
structure approaches and how they can develop a comprehensive watershed approach to
stormwater management.
The October Environmental Connections newsletter is now available from the PA Center for
Environmental Education.
Here are just some of topics covered in the newsletter--
General News: Author Jane Kirkland Speaks on 'No Student Left Inside,' Audubon PA Creates
Bird Habitat Recognition Program, 'We're For Water Campaign' Promotes Water Conservation
K-12 News: PA Teachers Invited to Field Test Invasive Species Curriculum, 'Electronic Field
Trips' Connect Students to National Parks, AGI Invites Students to Take Part in Earth Science
Week, USDA Pairs Chefs with Schools for Innovative New Program
Higher Education: Clarion University's Residence Halls Receive LEED Silver, Penn State
Receives $159 Million to Lead Energy Team, Montgomery County CC Receives Fellowship
Award
Grants/Awards: Project Learning Tree 'GreenWorks' Pollinator Garden Grants, Coastal Zone
Protection Grants Available Through PA DEP, Conservation Fund Grant Proposals due Dec. 1,
USDA Funding to Expand School Community Gardens
Contributions welcome! The Center receives news and information from a variety of
sources across Pennsylvania and beyond. We appreciate all of the organizations, agencies and
individuals who provide EE services and share their relevant information.
If you would like to contribute to future issues of EE Connections, please submit your
article before the 15th of the month. Articles should be of statewide interest and are subject to
space availability.
Share EE Connections! If you know of others who would appreciate receiving EE
Connections, please complete the online form or call 724-738-9020. To see all of the resources
available on the PCEE website.
The Rendell administration is helping school districts and schools curb energy consumption and
reduce operating costs, important steps that will conserve natural resources and save taxpayers
money.
The multi-agency initiative kicked off this week with a "virtual conference" via webcast
of school business managers, facilities directors and other members of the commonwealth's
education community.
"Being 'green' is the right thing to do for the environment and also makes great economic
sense," acting Education Secretary Thomas Gluck said before the Pathways to Green Schools
webcast, jointly sponsored by the state departments of Education, Environmental Protection and
General Services, in partnership with the Pennsylvania Association of School Business Officials
and the Pennsylvania Association of School Administrators.
"We want to make sure every school district has the information and tools available to
make informed choices and start on the pathway toward a green future. Whether a school district
is considering a renovation or construction project, reviewing operations and maintenance
practices, planting a school garden or updating curriculum, there's an opportunity to make our
schools more cost-efficient, environmentally-friendly and healthier places of learning," Secretary
Gluck added.
The administration launched a new Pathways to Green Schools website designed to
provide school districts with helpful information in one location. The coordinated effort will
include the latest information on state programs and grants available, and offer an opportunity to
share best practices from districts around the state -- where schools and communities are making
investments that help conserve natural resources and reduce energy costs. The site also offers
information on nutrition education programs and school gardens.
In addition, the Department of Education announced administrative changes to its school-
construction policies that will promote green and sustainable investments--including renewable
energy-- as part of reimbursable projects. The changes will help school districts include green
and sustainable principles into design and construction plans, as well as operations and
maintenance.
"Districts that take advantage of the opportunities created by the Pathways to Green
Schools can become a keystone of sustainability for local communities," said Environmental
Protection Secretary John Hanger.
DEP, through the Governor's Green Government Council, has collaborated closely with
the departments of Education and General Services to build a pathway school officials need to
create and operate sustainable learning environments that conserve water, energy and resources.
The stepping stones along the pathway include best practices for creating healthy indoor learning
environments, cost-effective technologies and operations while reducing environmental impacts.
During the webcast, the Department of General Services presented opportunities that can
save school districts money by making buildings more energy efficient through the Guaranteed
Energy Savings Act, or GESA.
The cost to upgrade buildings is ultimately "budget neutral," since the improvements
reduce utility and operational costs. DGS also discussed the opportunity to purchase clean,
renewable energy, and also outlined how to lock-in savings by controlling electric consumption.
For more information, visit the Pathways to Green Schools website.
Save The Date: PROP Statewide Recycling Conference July 26-28, 2011
Make sure to save the date for the 2011 statewide Recycling Conference sponsored by the
Professional Recyclers of Pennsylvania to be held at the Erie Bayfront Convention Center in Erie
July 26 to 28.
Look for early bird specials and conference details soon on the PROP website.
The PA Chapter of American Planning Association is pleased to host the Planning the Urban
Forest hands-on training workshop on October 6 in Lancaster for professional planners on
integrating best practices in urban forest protection and development into the planning process.
The workshop is part of the Chapter's annual conference.
It will introduce participants to concepts of the urban forest and how planners and allied
professionals can quantify its benefits in social, environmental, economic, and other terms.
The workshop will use interactive group exercises to discuss how such data can help
influence elected and appointed decision makers faced with significant development decisions,
as well as help planners make best use of opportunities to improve the urban environment.
It will review a series of general, planning, and design principles for planning the urban
forest and conclude with an exercise on forging the strategic partnerships that will advance urban
forestry planning goals.
Speakers are David Rouse, RLA, AICP, Principal, Wallace Roberts & Todd, LLC and
Robert J. Laverne, Manager of Education and Training, Davey Tree Expert Company.
This workshop qualifies for 6 CM credits. The workshop is part of a larger cooperative
agreement between APA and the U.S. Forest Service.
For more information, visit the American Planning Association webpage.
The Morris Arboretum in Philadelphia will host an Urban Forest Workshop on October 13 from
7:00 to 9:00 p.m. for townships, cities, and boroughs in the Delaware Valley interested in urban
forestry.
This workshop will outline the benefit from ecological to psychological, social to
environmental, and consider how best to plant trees to maximize the benefits they provide. The
discussion will be of interest to homeowners, landscapers, urban designers, members of shade
tree commissions, arborists, environmentalists and ecologists alike.
To register and for more information, download a workshop brochure or call the Morris
Arboretum at 215-247-5777, ext. 125 or 156.
Two Pennsylvanians and one Connecticut resident who trekked 780-miles while traversing all 18
major state forest trails have earned recognition from a statewide hiking organization and the
Department of Conservation and Natural Resources.
John Greecher, of Mechanicsburg, Cumberland County; Nathan Sauers, of Canadensis,
Monroe County; and William Shaffer, of Groton, Conn., will receive the 2010 State Forest Trails
Award on October 2, at the Keystone Trails Association's annual fall meeting at the Hartman
Center, Milroy, Mifflin County.
The hikers will receive a certificate, patch and ceremonial wooden walking stick.
"These three blazed a trail that others want to follow, and their accomplishments merit a
strong salute from fellow hikers and DCNR," said DCNR Secretary John Quigley. "Some forest
trails may be too challenging for some hikers, but sections of others can serve as portals to
healthy days afield and new adventures outdoors."
DCNR and the Keystone Trails Association first unveiled the honor, earned by hiking all
780 miles of the 18 state forest hiking trails, eight years ago. There is no required sequence,
direction, speed or length of time to complete the system.
"There is a dual reason why we teamed up with the trails association to present this
coveted award," said Secretary Quigley. "By honoring these major hiking achievements, we also
draw attention to the vast wealth of hiking opportunities in this state."
The 18 trails generally are longer and more rugged than other hiking opportunities
offered in Pennsylvania's state forests and parks. Most of the trails were formerly part of the
local trail networks, logging roads, tram railways and carriage paths. Many sections are
designated for hiking use only and each trail has its own map or guidebook.
Most of the trails are maintained by volunteer hiking groups, such as the KTA and
affiliated clubs, with support from DCNR's Bureau of Forestry. The 18 trails making up the state
forest hiking trail system are:
-- Baker Trail, one mile in Kittanning State Forest, Clarion County;
-- Black Forest Trail, 42 miles in Tiadaghton State Forest, Lycoming County;
-- Bucktail Path, 34 miles in Elk State Forest, Elk County;
-- Chuck Keiper Trail, 50 miles in Sproul State Forest, Clinton County;
-- Donut Hole Trail, 90 miles in Sproul State Forest, Clinton County;
-- Golden Eagle Trail, nine miles in Tiadaghton State Forest, Lycoming County;
-- John P. Saylor Memorial Trail, 18 miles in Gallitzin State Forest, Somerset County;
-- Lost Turkey Trail, nine miles in Gallitzin State Forest, Somerset County;
-- Loyalsock Trail, 48 miles in Tiadaghton and Loyalsock State Forests, Lycoming and Sullivan
counties;
-- Mid State Trail, 173 miles in Buchanan, Rothrock, Bald Eagle, Tiadaghton and Tioga state
forests through central Pennsylvania;
-- Old Loggers Path, 27 miles in Loyalsock State Forest, Lycoming County;
-- Pinchot Trail, 23 miles in Lackawanna State Forest, Luzerne County;
-- Quehanna Trail, 75 miles in Moshannon and Elk state forests in Cameron, Clearfield and Elk
counties;
-- Rocky Knob Trail, four miles in Michaux State Forest, Cumberland and Adams counties;
-- Susquehannock Trail, 83 miles in Susquehannock State Forest, Potter County;
-- Thunder Swamp Trail, 26 miles in Delaware State Forest, Pike County;
-- Tuscarora Trail, 38 miles in Buchanan and Tuscarora state forests, Franklin, Fulton,
Cumberland and Perry counties; and
-- West Rim Trail, 30 miles in Tioga State Forest, Tioga County.
For more information, visit DCNR's State Forest Recreation webpage.
The Department of Labor and Industry is now accepting applications for the PA Conservation
Corps Grant Program. The deadline for applications is January 7.
Political subdivisions are eligible to apply for funding to provide work experience and
educational opportunities to unemployed young adults as they undertake needed projects on
public lands in this Commonwealth.
Funds available through the PPC program m ay be used to purchase approved
construction materials and contracted services (political subdivisions must provide a 25 percent
cash match). The wages of corpsmembers and crewleaders are paid directly by the Department.
For more information, read the formal notice or go the the PA Conservation Corps Grant
Program webpage.
A total of 26 K-12 schools in Pennsylvania have earned the Energy Star building label for
superior energy efficiency.
“Increasing energy efficiency is saving school districts 30 percent or more on energy bills
each year,” said Shawn M. Garvin, EPA mid-Atlantic regional administrator. “It’s a smart way to
save money and help the environment by reducing greenhouse gases. Energy efficient buildings
also provide a comfortable and productive learning environment.”
Schools use a variety of ways to reduce their energy use: insulating and sealing air leaks;
installing computerized energy management systems; installing new boilers, windows, lighting,
ventilation equipment, water conservation and other upgrades; and hiring an energy manager.
Here is a listing of the 26 schools in Pennsylvania with the Energy Star label in 2010:
-- Allentown School District: Jefferson Elementary School (Allentown);
-- Benton Area School District: Benton Area Middle/Senior High School (Benton), L. Ray
Appleman Elementary School (Benton);
-- Berwick Area School District: 14th Street Elementary School (Berwick), Nescopeck
Elementary School (Nescopeck);
-- Dunmore School District: Dunmore Elementary School (Dunmore) ;
-- Great Valley School District: Charlestown Elementary School (Malvern), General Wayne
Elementary School (Malvern), Great Valley Middle School (Malvern), Sugartown Elementary
School (Malvern);
-- Hempfield Area School District: Crossroads School (Greensburg), Fort Allen Elementary
School (Greensburg), Hempfield Area Senior High School (Greensburg), Maxwell Elementary
School (Greensburg), West Hempfield Elementary (Irwin), West Point Elementary
(Greensburg);
-- Jeannette City School District: Jeannette Senior High School (Jeannette);
-- Mechanicsburg Area School District: Mechanicsburg Senior High School (Mechanicsburg),
Upper -- Allen Elementary School (Mechanicsburg);
-- Neshaminy School District: Walter Miller Elementary (Levittown);
-- North Penn School District: Gwynedd Square Elementary School (Lansdale);
-- Parkland School District: Fogelsville Elementary School (Breinigsville), Parkway Manor
Elementary School (Allentown);
-- Pottsgrove School District: Lower Pottsgrove Elementary School (Pottstown);
-- Souderton Area School District: Indian Valley Junior High School (Harleysville); and
-- Upper Perkiomen School District: Marlborough Elementary School (Green Lane).
Other schools in Pennsylvania can earn the Energy Star building label. To get your
school started with benchmarking its energy use and earning the Energy Star label, visit
the Energy Star for K-12 School Districts webpage.
DEP Now Accepting Applications For Small Business Pollution Prevention, Energy Grants
Environmental Heritage
Question: Aside from beginning with the letter "P", what do the three items in the title have in
common?
Answer: Pocketbooks, Pigtoes and Pink Muckets are all freshwater mussels in jeopardy of
extinction.
Mussels are a group of mollusks (animals without backbones that include snails and
clams) that have two shells, which is why they are called bivalves. These three mussels are but a
few of Pennsylvania's 65 species.
Two of the more popular mussels, recently in the news, are our endangered northern
riffleshell and clubshell mussels. They captured headlines since they are the first federally listed
endangered species to be impacted by a transportation project on our state. Saving them will
require translocation to a "new home" upstream in the Allegheny River.
When we think of plant and animal biological diversity, we often conjure up images of
tropical rainforests, however, North America is the center of biodiversity of mussels-and western
PA was at one time paradise for Pocketbooks, Pigtoes and Pink Muckets.
Like the loss of diversity in the rainforest, we too are losing our diverse sorts of mussels.
In fact, a third of the Commonwealth's mussels are in jeopardy (It is estimated that 68% of the
300 species of U.S. freshwater mussels are at risk). Malacologists (biologists who study mussels)
remind us that most bivalves can not tolerate pollution, habitat disturbance, and competition
from exotic species.
Mussel problems in Pennsylvania are related to water quality degradation including acid
mine drainage (low pH and high metals), chemical-laden agricultural run-off, sediment, nutrient
loads, dams, impoundments, loss of riparian corridors, sewage, industrial chemicals, sand and
gravel dredging, and the arrival of the dastardly zebra mussel.
This alien species, unlike our native ones, obstructs water intake pipes, and is "bad."
Native mussels are "good" for the ecosystem-and you and me-for several reasons. One is because
they act as our rivers' kidneys, purifying water. Yet, like kidneys, they can be overloaded and die
from contaminants.
Making progress to save our mussels is no small task since there are no simple solutions.
A diversity of answers, using innovative techniques, includes Pennsylvania's non-point source
pollution strategy, nutrient management initiatives, watershed protection and conservation
measures, citizen monitoring of water quality, and partnerships between industry and local
communities, to name only a few.
As we approach the 21st century, we can cite a few mussel success stories; French Creek
and the Clarion River are great examples of what can happen when people care and compelling
water protection laws are in place. French Creek is a case study in cooperation for biodiversity
conservation (website: ).
The Clarion, well on its way to recovery but once described by a turn-of-the-century
malacologist as having "water black as ink" from contamination, is now home to some pollution-
sensitive aquatic species, including a mussel. These two river systems offer us hope. With proper
action, Pennsylvania's pearls-Pocketbooks, Pigtoes and Pink Muckets (and other mussels!)-can
once again grace our waterways. (Reprinted from the July 1998 Resources newsletter)
This section gives you a heads up on upcoming deadlines for awards and grants and other
recognition programs. NEW means new from last week.
-- Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial
assistance for environmental projects.
Quick Clips
Budget
Corbett Says Programs Could Be Cut To Reduce State Spending
Jack Wagner: Worst Fiscal Crisis In State History On Horizon
State Revenue Collections Grow For September
House Passes High Natural Gas Tax
House Passes Shale Gas Production Tax
House Passes Marcellus Shale Gas Tax
House Votes For Tax On Shale Drilling
House Approves Severance Tax Bill
Natural Gas Tax Debate Heats Up As Deadline Nears
Gas Drilling Tax Passes House, Iffy In Senate
GOP Derides Gas Extraction Tax Passed By House
Scarnati: House Marcellus Shale Tax Bill Has Serious Flaws
Scarnati: House Marcellus Tax Proposal Too High, Deadline Not Met
Senate Leader Calls House Severance Tax Figure Ridiculous
Corman: Proposed Drilling Tax Unconstitutional
Harper Amendment Helps Pass Marcellus Shale Tax Bill
Op-Ed: Marcellus Gas Tax Will Help Growing Greener Fund
State Budget, Future Of Drilling At Stake Over Gas Taxation
Lehigh County Eyes Share Of Marcellus Shale Tax
State Supreme Court Decision Proved Windfall For Shale Drillers
Op-Ed: Misguided Marcellus Shale Tax Would Cost PA
Op-Ed: PA's Marcellus Shale Windfall
Op-Ed: Marcellus Shale Tax Critical To Monitoring Aquatic Resources
Editorial: Lobby Spending By Gas Industry Sounds An Alarm
Editorial: Natural Gasbags
Editorial: State Needs To Levy Tax On Gas Drilling
Other
Wind Gap Woman Honored By PEC
October Is Recycling Month In PA
Energy Conservation Agency Announces Expanded Program
Lehigh University Opens Environment Friendly Science Building
Editorial: Add Sunshine To Energy Mix
Editorial: Solar Amendment Makes Sense
Editorial: Curb Your Dog, Cut Your Power Bill
Editorial: Suspect Climate Science
Blight Fighting Bill Targets Vacant Buildings
Blight-Fighting Bill Targets Vacant Buildings
Coal Faces Competition From Natural Gas
5.8 Miles Of Western PA Trail Repairs To Be Unveiled
Ohiopyle Chief Juran Excited By Finding Mecca
Hot, Dry Weather Boosts West Nile Cases In Midstate
West Nile Virus Reports Spiking In PA, Across U.S.
Laws And Bans Cost Fisherman Their Livelihood On Lake Erie
Cleanups Begin At Presque Isle State Parks, Other Sites
Renewed Point State Park Nearly Completed
Additional PA State Forest Roads Open For Hunting Seasons
State Farm: PA Drops To 6th In Deer-Vehicle Collisions
Rain Barely Dents Dry Conditions In Harrisburg
Fire Danger Rising In Western PA
Erie Region Likely Bright Spot In PA For Fall Foliage
Bright Fall Colors Expected Despite Dry Summer
Love Of Nature Chronicled In Colors Of The Wild
Game Commission Considers New Rules For Tree Stands
Hurricane Gloria Devastated NE 25 Years Ago
State Honors Maurice Goddard, Founder Of Park System
Here are NewsClips on topics related to Marcellus Shale natural gas drilling---
Click here for this week's Marcellus Shale Examiner newsletter from DEP.
Watershed NewsClips
The Environmental Quality Board published a final regulation setting outdoor wood-fired boiler
requirements. The Department of Environmental Protection published several notices related to
the Nutrient Credit Trading Program: notice of actions, notice of proposed trades and a notice
registering credits.
The Department of Environmental Protection published draft guidance changing filter plant
performance evaluations and final guidance on borrow pits for oil and gas well development
activities. DEP also published a current list of priority Hazardous Sites for Remedial Response.
Draft: DEP ID: 383-3120-106. Guidance for Filter Plant Performance Evaluations. This
document contains the guidance and procedures developed to direct and support staff
implementation of the requirements for the surface water treatment rule under the drinking water
management programs.
Final: DEP ID: 563-2111-115. Borrow Pits for Oil and Gas Well Development Activities. This
guidance addresses the extraction of fill material for oil and gas well development sites in
accordance with the Noncoal Surface Mining Conservation and Reclamation Act and the Oil and
Gas Act.
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.
Click on Agenda Released on calendar entries to see the NEW meeting agendas published this
week.
October 4-- Agenda Released. DEP Chesapeake Bay Advisory Committee meeting. DEP
Southcentral Regional Office, 909 Elmerton Ave., Harrisburg. 10:00.
October 12-- Agenda Released. Environmental Quality Board meeting. Room 105 Rachel
Carson Building. (formal notice)
October 19-- CANCELED. Environmental Quality Board meeting. Rescheduled to October 12.
(formal notice)
October 21-- Agenda Released. DEP Radiation Protection Advisory Committee meeting. 14th
Floor Conference Room, Rachel Carson Building. 9:00.
October 26--DEP Board of Coal Mine Safety meeting. Fayette County Health Center,
Uniontown. 10:00. (formal notice)
October 27-- Agenda Released. DEP Small Business Compliance Advisory Committee meeting.
12th Floor Conference Room, Rachel Carson Building. 10:00.
November 17-- CANCELED. DEP Small Water Systems Technical Assistance Center Advisory
Board. There are no further meetings scheduled in 2010. (formal notice)
You can watch the Senate Floor Session and House Floor Session live online.
Stories Invited
Send your stories, photos and videos about your project, environmental issues or programs for
publication in the PA Environment Digest to: DHess@CrisciAssociates.com.