PA Environment Digest

An Update On Environmental Issues In PA

Edited By: David E. Hess, Crisci Associates
Winner 2009 PAEE Business Partner Of The Year Award Harrisburg, Pa December 3, 2012

U.S. Sen. Toomey Introduces Bill To Protect Ohio River From Asian Carp U.S. Senators Pat Toomey (R-PA) and Sherrod Brown (DOhio) Wednesday introduced a bipartisan bill to help prevent the invasion of Asian carp into the Ohio River basin. Although several federal agencies have been combating Asian carp, none have been designated as the lead agency to coordinate the federal response with state and local partners in the Ohio and Upper Mississippi River basins. The Strategic Response to Asian Carp Invasion Act would allow the federal government to build a more effective partnership with state and local entities fighting to end the spread of Asian carp. This bill would place the U.S. Fish and Wildlife Service in charge of coordinating a new federal multi-agency effort, which would include the National Park Service, U.S. Geological Survey, and Army Corps of Engineers. This multi-agency effort would include providing technical assistance, best practices, and other support to state and local governments working to stop the spread of the Asian carp. Southwestern Pennsylvanias iconic three rivers the Allegheny, Monongahela and Ohio are vital for both commerce and recreation. The spread of Asian carp in the Ohio River threatens this, and the federal government must act as a cooperative partner with state and local governments to stop this invasive species and protect the Ohio River basins ecosystem and economy. The Strategic Response to Asian Carp Invasion Act will help do just that, and I urge my colleagues to join us in defending the Ohio River basin against this invasive species, Sen. Toomey said. The continued movement of Asian carp up the Ohio River could grind to a halt Ohios multi-million dollar fishing and boating industries, Sen. Brown said. The Ohio River basin remains dangerously vulnerable to an Asian carp invasion. The Strategic Response to Asian Carp Invasion Act is a bipartisan bill that would ensure a definitive plan to control and prevent Asian carp from entering streams and rivers in our state. We must move aggressively and quickly to protect our waterways. Sen. Toomey sent a letter to Fish and Boat Commission Executive Director John Arway in October, asking him to identify ways the federal government can work with states to combat the spread of Asian carp in the Ohio River. Executive Director Arway thanked the senators for this bipartisan bill. The Pennsylvania Fish and Boat Commission appreciates and applauds Sen. Toomeys leadership in addressing the Asian carp invasion front on the Ohio River. Counties in

Pennsylvanias portion of the Great Lakes and Ohio River watersheds account for more than one-third of all fishing licenses and boat registrations sold in the commonwealth. As an Ohio River and Great Lakes state, we see the bill as complementary to efforts to keep Asian carp from entering Lake Erie by attacking the problem further downstream before the destructive fish get closer to potential pathways between the Ohio River and Great Lakes watersheds, Executive Director Arway said. Environmental and waterway organizations praised this effort to protect our waterways from this invasive species. We must preserve the rich resources of Pennsylvania, and we thank and support Sen. Toomey in this legislative effort to protect what belongs to the citizens and is in the public interest. Asian carp must be stopped before they decimate the biology of this great part of our state, said R. John Dawes, executive director of the Foundation for Pennsylvania Watersheds. Asian carp infiltration up the Ohio River poses a serious threat to the aquatic life in some of our most invaluable waterways in Western Pennsylvania. Any efforts to more effectively combat these invasive species are very welcome and badly needed, said Charles Bier, senior director of conservation science at the Western Pennsylvania Conservancy. Pennsylvania Sea Grant applauds this important effort, and supports increased coordination among state and federal agencies to protect our waters from the spread of Asian carp. It is essential that states, beyond just those in the Great Lakes basin, receive the support and resources needed to battle this destructive invader. Without a well-coordinated approach, Asian carp, which can act like giant aquatic vacuum cleaners, threaten to transform the food web in our rivers, impacting both environmental and economic value, and potentially wiping out our most valuable native species, said Sara Gris, coastal outreach specialist for Pennsylvania Sea Grant. Link: Presentation To DEP CAC Highlights Asian Carp Threat Conservationists Fight To Save Loyalsock's Rock Run In Lycoming County By Karl Blankenship, Chesapeake Bay Journal Brook Lenker aimed the van along a dirt road that wound though a narrow valley filled with hardwood trees that had gone largely undisturbed for decades. Waterfalls poured down the mountainside in places, and hemlocks provided a touch of green along streams as leaves of other trees adopted their autumn orange and yellow hues. This was part of Loyalsock State Forest, which covers 114,494 acres of northcentral Pennsylvania. Much of the land was bought from the Pennsylvania Lumber Company in the early 1930s after it had logged the area. Shortly thereafter, the Depression Era Civilian Conservation Corps set up several camps in the area to reclaim the land and the forest. Today, its expansive woodlands provide critical habitat for forest-dwelling birds; its clear streams draw anglers in search of brook trout; and popular trails cross its valleys and plateaus, including the Old Loggers Path, one of the state's most popular long-distance trails. Lenker pulled the van to a stop and led a small group down a wooded slope to what many consider one of the Loyalsock's greatest gems Rock Run. Upstream, water cascaded through narrow slots in the rock, finally pouring into a large bowl where freshly fallen yellow and orange leaves swirled around. Ultimately, the water would

flow out of the rock bowl, through the forest to Loyalsock Creek, and eventually make it to the Chesapeake Bay. "I've heard Rock Run referred to as the prettiest stream in Pennsylvania," said Lenker, executive director of the FracTracker Alliance, a nonprofit organization that operates the FracTracker website, which allows people to monitor drilling activity. Lenker was leading a tour with several other conservationists to highlight forest and wildlife issues related to natural gas drilling. But the calm around Rock Run, several warned, is deceiving. Members of the Loyalsock Creek Watershed Association, the Pennsylvania Forest Coalition and the Responsible Drilling Alliance recently began finding stakes with red-and-white banners on the plateau to the north. The stakes were marked "APC," the initials of Texas-based Anadarko Petroleum Corp., which has been actively drilling for natural gas in the region. The headwaters for Rock Run are in the seeps and wetlands on the plateau, and local conservationists worry that any drilling there could forever change what the state considers an "exceptional value" waterway. "If an accident were to happen, we could have serious damage to the stream," said Steve Szoke, a member of the watershed association and an avid angler who has fished the stream's trout for years. "Absolutely I'm worried about it," he added. Szoke and others believe the state has a unique opportunity to protect Rock Run and a sizable chunk of Loyalsock State Forest, although they are worried the Department of Conservation and Natural Resources, which manages the Loyalsock and other state forests, will not exercise its authority on the matter. Pennsylvania owns about 2.2 million acres of state forest land, about 1.5 million acres of which lies above the Marcellus Shale formation, which holds one of the largest natural gas reserves in the nation. New drilling techniques that allow companies to reach the deep gas deposits have brought a drilling boom to the region, with more than 5,000 wells drilled to date a number expected to grow more than tenfold in the next couple of decades. Former Gov. Ed Rendell initially promoted drilling in the state forests to help fill the state's cash-starved coffers with royalty payments. From 2008 through 2010, the Rendell administration opened 138,866 acres of state forest above the Marcellus Shale to leasing, generating $413 million in revenue. Foresters warned that opening additional lands to drilling would endanger the environmental quality of the forests and threatened outside certification that the state forests are being sustainably managed. That certification adds value to Pennsylvania's $6 billion forest product industry. In October 2010, four months before leaving office, Rendell signed an executive order imposing a moratorium on opening additional state forests to drilling. He cited the need to conserve "the most significant tracts of undisturbed forest remaining in the state. Failing to protect these acres will significantly alter the ecological integrity and wild character of our state forest system." But the moratorium only protected unleased areas where the state retained ownership of underground mineral rights. On lands where private parties own those rights, the state still has to provide "reasonable use," and its ability to regulate drilling activities is greatly restricted. As a result, the moratorium protects only about 800,000 acres of state forest land above the Marcellus Shale, while about 700,000 acres are open to drilling, either because they have been leased, or because the state does not own oil and gas rights.

A patchwork of mixed mineral rights ownership lies under much of the Loyalsock. That's because while Pennsylvania Lumber Company sold the land to the state, it sold the mineral rights to others. The state ultimately acquired some rights, while rights to other tracts were bought by others and have been bought and sold over the years. But groups working to protect Rock Run say an unusual deed restriction gives the state DCNR an opportunity to restrict development on 18,870 acres of the Loyalsock where the state does not own mineral rights, including a portion of the Rock Run headwaters. The mineral rights to that tract were once owned by an attorney from the District of Columbia named Clarence Moore. The wording in the deed contains an unusual restriction in which the right of the mineral rights owner to access oil and gas from the surface was terminated after 50 years in 1983. This 50-year limitation on surface access was challenged by Moore, but upheld by Commonwealth Court in 1989 which concluded that "access subsequent to March 28, 1983, is controlled by the Commonwealth." That conclusion was upheld again by the state Board of Claims in 1999. The mineral rights are now owned by Texas-based Anadarko Petroleum Corp. and International Development Corp., the latter of which has leased its interest to Texas-based Southwestern Energy Co. Environmentalists say the deed restriction allows the state to greatly restrict drilling activity on that tract, or even require that it be accessed only through horizontal drilling from outside areas. But the discovery of Anadarko's stakes and flags marking apparent drilling sites has worried conservation groups that the DCNR is ceding its ability to regulate what happens on the surface. "It makes me think they (DCNR) may have already bargained away the state's rights or are ignoring the Commonwealth Court's decision and taking the position that the state doesn't control the surface," said Mark Szybist, a staff attorney with Citizens for Pennsylvania's Future (PennFuture). In a letter to the DCNR Secretary Richard Allan, conservation groups contend that the state would need to specifically grant a right-of-way to Anadarko to work on the surface, but it cannot do so under state law if the right-of-way would "so adversely affect the land as to interfere with its usual and orderly administration." The letter contends drilling would likely adversely affect Rock Run, a state-designated exceptional value stream. In addition, the letter stated, the DCNR needed to show how "the interest of the Commonwealth or its citizens will be promoted" by such a right-of-way. Because the state does not own the mineral rights, it would not get royalties from the drilling. The letter, dated September 7, expressed concern about the recent seismic testing on the lands, and asked the DCNR to clarify what activities it was considering. The DCNR never responded. Christine Novak, a spokeswoman for the DCNR, acknowledged that seismic testing to determine what reserves lay beneath the ground had taken place in parts of the forest, as it has on other state forest lands. But she said no decisions have been made about what activities would be allowed. "Specific to this area, there is a complex combination of publicly and privately owned surface and subsurface rights, so at the moment there is no definitive answer about what will occur in the future," Novak said in an e-mail. "As the law applies, DCNR cannot prohibit access

to subsurface mineral rights it does not own, but we do work proactively with the owners to balance the interests of all users of the forest." Representatives from Anadarko did not return calls for comment, but a spokeswoman recently told the Philadelphia Inquirer that "we recognize the importance of public lands in Pennsylvania, including the Loyalsock State Forest. As with all of our operations, and in particular on state forest land, we are looking to minimize surface disturbance and protect special places like Rock Run." Szybist said he believes the state is trying to make the ownership issue sound more complex than is the case to justify allowing access to the disputed tract. The Loyalsock is in a hotspot for natural gas drilling almost 70 percent of the state's natural gas production comes from the four counties that surround Loyalsock State Forest. Szybist, along with other environmentalists, say the DCNR is reflecting the friendly approach to gas drilling taken by the administration of Gov. Tom Corbett. "We've heard that the state is afraid of being sued by Anadarko. But the state's legal position is so strong, they shouldn't fear that at all." Szybist said. "I suspect that the state's apparent willingness to cooperate with Anadarko has other motives." Environmentalists say there are ample reasons to put the brakes on drilling activities in the Loyalsock. With drilling taking place in many privately owned forests, remaining unleased areas of state-owned forests provide the greatest opportunity to preserve the natural character of Penn's Woods. A report by The Nature Conservancy last year estimated that between 100,000240,000 acres of forest will be cleared during the next two decades to make way for drill pads, pipelines and other drilling-related infrastructure. In the Bay watershed, potential forest loss is estimated at 45,000 to 110,000 acres. (See "Marcellus Shale drilling may take huge chunks out of PA forests," December 2011.) That has the potential to increase sediment and nutrient runoff to the Chesapeake over the long term, and in the short term impact habitats for brook trout, which are a priority species for the Bay Program. The draft federal Chesapeake Bay 2013 action plan directs federal agencies to explore the impact of Marcellus shale drilling on brook trout. Scientists and EPA officials have indicated any increased nutrient and sediment runoff from drilling activities would need to be offset with reductions elsewhere to meet, and maintain, pollution limits set in the Chesapeake Bay Total Maximum Daily Load, or pollution diet. Critics say drilling in the Loyalsock would ruin the experience of hiking the popular 27-mile Old Loggers Path which winds through the area and draws hikers from as far as New England because of its spectacular scenery. The plateau where the drilling may take place also harbors several rare plants. Narrow, sparsely traveled state forest dirt roads, barely wide enough for two vehicles to pass, would have to be widened to make way for heavy truck traffic. "Picture the current width of this road essentially doubled," said Lenker, as he drove through a narrow valley next to a stream. And, he cautioned, the increased traffic on the roads is likely to spread harmful invasive plant species to the interior of the forest. Stopping by an old CCC camp, established to repair damage caused by an earlier era of forest exploitation, Paul Zeph, director of conservation with Pennsylvania Audubon, said the spider web pattern of forest clearing created by pipelines, widened roads and drill pads would be particularly devastating for forest birds.

The Loyalsock is designated as an Important Bird Area by the Audubon Society because its large hardwood tracts provide refuge for interior forest-dwelling birds such as the scarlet tanager, wood thrush, black-throated warbler, black-throated green warbler and acadian flycatcher. The Loyalsock supports particularly high numbers of each of those species, which winter in the tropics but migrate north to take advantage of the springtime explosion of insects and caterpillars to provide food to successfully rear their young. These birds often nest on or near the ground in forests that once provided them safety. As forests are fragmented by drill pads, roads and pipelines, the birds become vulnerable to predation by blue jays, raccoons and other species that live along forest edges, but venture short distances into the woods to forage. The more woodland is fragmented, the less "safe" interior habitat is left for forestdwelling birds, and their populations typically plummet as fragmentation increases. "If their habitat is lost, they can't just go somewhere else and make a nest," Zeph said. "This is the only home that they have, and if they can't nest here, then they will be unable to nest in Pennsylvania, and their populations will begin to diminish. "This is such an important place that we cannot believe the state would allow this to be fragmented and the natural resources that live here to be impacted," Zeph said. "There are not very many places like this that are so precious in Pennsylvania." (Reprinted from the December issue Chesapeake Bay Journal) Marcellus Shale Drilling Act, Other Environmental Bills Signed Into Law In 2012 With the official close of the legislative session November 30, its important to take a look back at the environmental and energy legislation passed by the General Assembly in 2012. Major legislation regulating the Marcellus Shale drilling industry and establishing an impact fee to benefit local governments and state environmental and emergency programs was the most significant environmental legislation passed this year. In all there were almost two dozens bills making changes to recycling, promoting infrastructure improvements, bicycle safety, storage tank cleanup and other environmental and energy programs. The thousands of bills not signed into law will have to start all over again January 1 when the General Assembly convenes the new legislative session. Click Here for a rundown on the environmental bills left on the table. Heres a list of the those bills signed into law during 2012-Bicycle Safety: House Bill 170 (Miller-R-York) further providing for bicycle safety and operating motor vehicles. A summary and House Fiscal Note are available. Gov. Corbett signed the bill into law as Act 3. Marcellus Well Emergencies: Senate Bill 995 (Baker-R-Luzerne) requiring the posting of 911 information at Marcellus Shale wells was signed into law as Act 9. Infrastructure Funding: House Bill 1294 (Godshall-R-Montgomery) authorizing the PUC to establish a distribution system improvement charge (DSIC) as an alternative to regular rate cases

to recover costs associated with replacing pipelines and other utility infrastructure. A summary and House Fiscal Note are available. The bill was signed into law as Act 11. Marcellus Shale: House Bill 1950 (Ellis-R-Butler) imposing a Marcellus Shale drilling fee and enacting a laundry list of additional environmental protection measures related to drilling was signed into law as Act 13. A summary is available online. Professional Licensing: House Bill 1054 (Mustio-R-Allegheny) further providing for continuing professional competency requirements under Engineer, Land Surveyor and Geologist Registration Law was signed into law as Act 24. A summary and Senate Fiscal Note are available. Air Pollution Plans: Senate Bill 304 (MJ White-R-Venango) further providing for public review of State Air Quality Improvement Plans was signed into law as Act 27. A summary and House Fiscal Note are available. Flood Recovery: House Bill 1913 (Culver-R- Northumberland) providing for flood damage local property tax relief was signed into law as Act 71. A summary and Senate Fiscal Note are available. Storage Tank Cleanup: Senate Bill 1398 (Yudichak-D-Luzerne) extending the Storage Tank Cleanup Program was signed into law as Act 74. A summary and House Fiscal Note are available. Regulatory Review: House Bill 1349 (Pickett-R-Bradford) providing for small business impact as part of regulatory review was signed into law as Act 76. A summary and House Fiscal Note are available. Mandated Recycling: House Bill 1934 (F.Keller-R-Snyder) further providing for mandatory recycling was signed into law as Act 83. A summary and Senate Fiscal Note are available. Fiscal Code: Senate Bill 1263 (Browne-R-Lehigh) amending the Fiscal Code to implement the budget agreement, including provisions which extends the prohibition on Cities of the Third Class from filing bankruptcy to November 30, 2012; further provide for conventional oil and gas well blanket bonding requirements; Prohibiting DEP from issuing permits in the South Newark Basin until January 1, 2018 unless a study of the impact of drilling is done by DCNR; and directs the Legislative Budget and Finance Committee, in consultation with PennVEST, is directed to conduct a study of how the state can meet nutrient reduction planning targets in any watershed implementation plan by December 30, 2012. A summary and House Fiscal Note are available. The bill was signed into law as Act 87. Private-Public Transportation Projects: House Bill 3 (Geist-R-Blair) providing for privatepublic transportation projects was signed into law as Act 88. A summary and Senate Fiscal Note are available.

BioEnergy Crops: House Bill 608 (Brooks-R- Crawford) providing for the use of bioenergy crops in mine reclamation was signed into law as Act 95. A summary and Senate Fiscal Note are available. Biofuels Compliance: House Bill 807 (Sonney-R-Erie) further providing for the definition, content, registration and enforcement of the Biofuel Development and In-State Production Incentive Act was signed into law as Act 96. A summary and Senate Fiscal Note is available. ATV/Snowmobile: House Bill 2151 (Gabler-R-Clearfield) further providing for the registration of ATVs and snowmobiles was signed into law as Act 113. A summary and Senate Fiscal Note are available. Pittsburgh Low-RVP Gasoline: Senate Bill 1386 (Vogel-R-Beaver) evaluating alternatives to low-RVP gasoline in Pittsburgh and repealing Stage II vapor controls was signed into law as Act 135. A summary and House Fiscal Note are available. Drilling On Other State Lands: Senate Bill 367 (D.White-R-Indiana) authorizing the leasing of mineral rights on other state lands. Proceeds from drilling on State System of Higher Education lands would remain with the state universities. Proceeds from drilling on other state lands (not including those owned by the Department of Conservation and Natural Resources and the Fish and Boat and Game Commissions) would be allocated according to this formula: 60 percent to the Oil and Gas Lease Fund; 25 percent to the PA Infrastructure Investment Authority with language authorizing the funding of non-point source best management practices to implement the Chesapeake Bay Watershed Implementation Plan or TMDL watershed plans; and 15 percent to the drilling agency. The bill was signed into law as Act 147. Reclamation Guarantees: House Bill 1813 (Tobash-R-Berks) authorizing a financial guarantee option covering mine reclamation. A summary and Senate Fiscal Note are available. The bill was signed into law as Act 157. Energy Program Eligibility: House Bill 1991 (Cutler-R-Lancaster) further providing for proof of eligibility for energy conservation programs. A summary and Senate Fiscal Note are available. The bill was signed into law as Act 164. Farm Composting: Senate Bill 1298 (Smucker-R-Lancaster) providing for composting facilities on Act 319 farmlands. A summary and House Fiscal Note are available. The bill was signed into law as Act 190. Capital Budget: Senate Bill 1480 (Corman-R-Centre) providing for the 2012-13 Capital Budget. A summary and House Fiscal Note are available. The bill was signed into law as Act 193. Corbett: No Tax Increases, Except For Gasoline Maybe, Cuts In Pensions Gov. Corbett gave a series of interviews to groups of Capitol Hill reporters Thursday. Highlighting the conversation were comments on expanding Keno-like games to taverns, cuts in

pension benefits for existing state and school employees and a possible increase in the wholesale motor fuel taxes to increase transportation funding. Here are some quick highlights from those interviews: -- Im not going to increase taxes right now. -- Corbett will present a transportation funding plan to the General Assembly with his budget address in February. He is considering raising the cap on the tax on wholesale prices of vehicle fuels to help fund it. He said all the options outlined by his Transportation Funding Commission are on the table, including creating more toll roads and toll lanes. -- Corbett supports expanding lottery gaming with keno-like games in taverns to raise money for senior programs. He said these games could be in bars and taverns in January. He would still oppose video poker. -- Corbett is considering reducing future pension benefits for current state employees and teachers to deal with the estimated $41 billion in unfunded pension liabilities. He discussed a possible 10 percent cut in the yearly pension multiplier. -- We really need to look at what liquor privatization is... its an issue of choice. -- PA does not yet have the answers it needs from the federal government to make a decision on health insurance exchanges that will cost the state between $30 and $100 million. -- The cost of expanding Medicaid health insurance will cost from $134 to $221 million. Click Here for a transcript of an interview with one group of reporters. Click Here for a transcript of a Capitolwire interview on the Sandusky case. NewsClips: Corbett Considering Lifting Cap On Fuel Tax To Fix Roads Corbett Mulls Lifting Cap On Gasoline Tax Corbett Joins Talks On Transportation Funding Corbett Stays Firm On Promise To Not Raise Taxes Pensions, Road Funding Loom Large For Corbett In 2013 Corbett Wont Recommend Pension Crisis Solutions Corbett: PA Pension Cuts Would Apply To All Editorial: Time To Ditch No-Tax Pledge Editorial: Corbett Must Deliver Big Play Editorial: Time To Ditch No-Tax Pledge Automatic Raises For Legislators Did You Know You Can Search 8 Years Of Digests On Any Topic? Did you know you can search 8 years of back issues of the PA Environment Digest on dozens 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-PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from: PAEnviroDigest. PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and

receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Environment Digest Video Blog: showcases original and published videos from environmental groups and agencies around the state. Sign up to receive as they are posted updates through your favorite RSS read. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government, including NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol Digest Twitter feed to get instant updates on other news from in and around the Pennsylvania State Capitol. Senate/House Agenda/Session Schedule The General Assembly adjourned its two year session sine die on November 30. The Senate and House formally reorganizes and starts its new session on January 1. Session Schedule Here is the latest voting session schedule for the Senate and House-Senate January 1, 22, 23, 28, 29, 30 February 4, 5, 6, 11, 12, 13 March 11, 12, 13, 18, 19, 20 April 8, 9, 10, 15, 16, 17, 29, 30 May 1, 6, 7, 8, 9, 13, 14 June 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, 26, 27, 28 House January 1, 14, 15, 16, 22, 23 February 4, 5, 6, 11, 12, 13 March 11, 12, 13, 18, 19, 20 April 8, 9, 10, 15, 16, 17, 22, 23, 24 May 6, 7, 8, 13, 14, 15 June 3, 4, 5, 10, 11, 12, 17, 18, 19, 20, 24, 25, 26, 27, 28

News From The Capitol

November Environmental Synopsis Newsletter Now Available

The November issue of the Environmental Synopsis newsletter is now available from the Joint Legislative Air and Water Pollution Control and Conservation Committee This month, the Synopsis features articles on: America Recycles Day, electronic waste recycling, stormwater and wastewater planning, federal ethanol fuel requirement waiver and more. For more information, visit the Joint Conservation Committee website.

News From Around The State

Take Action: Protect The Abandoned Mine Land Trust Fund From Fiscal Cliff By Andy McAllister, WPCAMR Regional Coordinator By now, everyone has been made aware of the so-called, "fiscal cliff" that, if Congress fails to act to reduce the deficit before the end of this year, automatic across-the-board spending cuts and tax hikes will take effect. What most people don't know is how sequestration would have a deleterious effect on Abandoned Mine Reclamation in Pennsylvania. If Congress fails to act and sequestration occurs, the AML Fund would be adversely affected. A 7.6 percent reduction in federal AML Trust Fund grants nationwide will occur on January 2, 2013 as a result of the sequestration. The AML Trust Fund is not a tax and is not funded from the U.S. Treasury. The fees collected and deposited into the federal AML Trust Fund are derived from a per-ton fee assessed on each ton of coal mined by the active mining industry and can only be used for purposes authorized under Title IV of the Surface Mining Control and Reclamation Act (SMCRA). Sequestering these funds would not benefit the federal budget deficit and would result in negative environmental and economic consequences. A mandatory cut of 7.6 percent for Pennsylvania's Title IV AML Grant would initially result in an approximate reduction of $5.1 million (compared to 2012 construction budgets) for construction of AML and AMD projects, thereby slowing the state's progress in eliminating its legacy of mining hazards and in restoring mine drainage impacted streams. Fewer AML/AMD contracts would be awarded, thus reducing local employment and reducing the purchase of materials, goods and services used in AML projects. A corresponding reduction in local, state and federal tax revenues will result. Prior to the passage of SMCRA in 1977, over one-third of all of the coal historically mined in the United States was mined in Pennsylvania. As a result of this significant coal mining legacy, over 180,000 acres of abandoned mine lands remain in need of reclamation. These AML sites are located in 45 of Pennsylvania's 67 counties. The cost to reclaim the sites exceeds $1.1 billion. Fatalities continue to occur on these un-reclaimed AML sites each year while over 5,500 miles of Pennsylvania's rivers and streams remain polluted from AMD. In a 2008 report released from Trout Unlimited, it was reported that for every $1 of external funds spent on local AMD remediation, local economies receive $1.36 to $1.87 in local economic activity in addition to healthy streams.

In other words, the businesses and workers in the area where AML/AMD work is taking place not only gain economically from the cleaner, safer environment; they also receive wages and make purchases from regional businesses that go beyond the remediation expenditures. Additionally, AML projects often leverage other private and public funds, and once reclaimed, encourage economic development such as industrial parks, agricultural uses, while encouraging tourism. Finally, the work completed by reclamation contractors in Pennsylvania provides well-paying jobs for Pennsylvania workers and supports many local businesses that provide equipment, materials, supplies and services required to complete the reclamation projects. Plain and simple, any reduction in AML/AMD funding to Pennsylvania will reduce jobs in coalfield communities. Your help is urgently needed to support efforts to exempt the federal AML Trust Fund from the sequestration process and thereby maintain funding to Pennsylvania's AML and AMD Programs. Please contact your U.S. Representative as well as U.S. Senators Casey and Toomey and tell them how important the AML Trust Fund is to Pennsylvania and that it needs to be exempt from sequestration. Sending your letter via email is the best way to get your opinions to your Representatives quickly. Click Here to find contact information for your U.S. Representative. Click Here to find contact information for U.S. Senators Casey and Toomey. As a member of the Abandoned Mine Reclamation community in Pennsylvania, we need your voice to be heard! The Western and Eastern Coalitions for Abandoned Mine Reclamation work with watershed volunteers, technical remediation experts, and government agencies to reclaim lands and streams polluted by historic coal mining in Pennsylvania. Chesapeake Bay Wetland Restoration Goal On Target, Stream Buffers Not So Much By Karl Blankenship, Chesapeake Bay Journal Chesapeake Bay watershed jurisdictions are on pace to meet their wetland restoration goal, but the rate of streamside forest buffer planting has fallen far below target levels in recent years, according to recent figures from the Bay Program. Data collected from states show that 3,775 acres of wetlands were restored in 2011. That's ahead of the pace needed to achieve a goal established in 2010 to create or re-establish 30,000 acres of wetlands within the Chesapeake watershed by 2025. The 3,775 acre figure the equivalent of about 2,855 football fields also represents an acceleration in the pace of wetland establishment over the period of 19982010 when 14,795 acres were established, or about 1,200 acres a year. Virginia led the states with 1,653 acres of wetlands created in 2011; followed by Maryland with 750 acres; New York with 625 acres; West Virginia with 369 acres; Pennsylvania with 254 acres; and Delaware with 123 acres.

Wetlands are critical for healthy waterways because they slow runoff, absorb nutrients, filter pollution, reduce erosion and provide habitat for fish and wildlife. It's estimated that about half of the region's wetlands have been lost since colonial times. Meanwhile, the pace of streamside forest restoration has slowed sharply in recent years, according to Bay Program figures. While 7,400 miles of streamside forest have been planted since they became a Bay Program priority in 1996, just 240 miles were planted in the Chesapeake watershed in 2011, the lowest figure in more than a decade. Since 2007, Bay states have had an objective of planting 900 miles of forest buffers a year. But since then, the rate of forest buffer planting has decreased. From 20032006, an average of 756 miles was planted annually in the Maryland, Pennsylvania and Virginia portion of the watershed. Last year, less than a third of that amount was planted in the entire watershed, including the portions in West Virginia, Delaware and New York. Officials cited increasing commodity prices for agricultural crops as a major contributor for the slowdown. Most stream buffer plantings have taken place on farmlands, but as prices have risen in recent years for corn, soybeans and other commodity crops, it has been more profitable for farmers to keep planting crops rather than participate in programs that pay for planting trees near streams. Forested stream buffers can help slow runoff, absorb nutrients and chemical pollutants, reduce stream erosion and improve stream habitats. States are working to establish wetlands and forest buffers, but their overall status in the Bay watershed is uncertain. While states are able to track the amount of wetlands created and forest buffers planted, there is no mechanism that fully tracks the amount of wetlands and buffers lost throughout the 64,000-square-mile watershed to development, erosion, flooding or for coastal wetlands sea-level rise. (Reprinted from the December issue Chesapeake Bay Journal) DEP Withdraws Proposed Water Quality Standards Opposed By Business On Wednesday the Department of Environmental Protections Water Resources Advisory Committee voted to advance the DEPs final Chapter 93 Water Quality Standards to the Environmental Quality Board for its consideration, but without the proposed standards for molybdenum, sulfates, chlorides, and 1-4 dioxane that raised the concern of the business community. As the rulemaking was being considered, Pennsylvania Chamber members joined with other statewide business trade associations to advocate for the removal of the four proposed standards because they were not rooted in clear scientific evidence and failed to take the economic impact of the regulated community into account. Some of the Pennsylvania industries that could have been economically impacted by the standards included electric generation, oil and gas, coal, steel, pharmaceuticals and metallurgy. For more information, visit DEPs Water Resources Advisory Committee webpage. Donate To The Wissahickon Reforestation Initiative For The Holidays

Hurricane Sandy swept through the Wissahickon Watershed in Montgomery County leaving a trail of destruction and crippling power outages. Storms such as Sandy topple older trees, uproot newer growth and gnaw away at the banks of the Wissahickon Creek. The Wissahickon Valley Watershed Association is removing downed trees and planting more native trees with the help of a new campaign, Reforest the Wissahickon. The gift of a tree is a wonderful holiday gift in honor, memory or celebration of a loved one. This is a unique opportunity to make a lasting gift while helping WVWA to meet this generous challenge. This exciting initiative provides funding to plant more native trees while aggressively removing invasive species. WVWA will intensify its efforts to combat invasive plants that crowd out natives that are essential to wildlife and native habitat. This stewardship work is important for this generation, and those to follow. This campaign is made more powerful with a $25,000 challenge grant. Gifts will be DOUBLED until December 31 thanks to the generosity of youtheplanet and the Youtensil. Please call 215-646-8866 for more information on the Youtensil, a revolutionary new personal utensil. Available online or at WVWA, the Youtensil, helps change the cycle. Each of us can significantly reduce germs, trash, and costs, and make a positive stamp on our personal footprint on this earth. With Youtensil, sustainability rests in the palm of your hand. For more information, visit the Reforest the Wissahickon webpage. Call For Papers, PA Water Works Assn. 2013 Conference April 23-25 The PA Section American Water Works Association will hold its 2013 annual conference April 23-25 in Hershey. The Association has issued a call for papers and presentations for the conference. Proposals are due December 10. Click Here for details. PUC's Powelson Named Chair Of National Water Utility Committee National Association of Regulatory Utility Commissioners President Philip Jones of Washington named Commissioner Robert F. Powelson of Pennsylvania as Chair of the Associations Committee on Water. The Committee on Water seeks to increase awareness and understanding about the issues surrounding uses and reuses of water and wastewater. Through policy resolutions, panel discussions, and participation in high-level events, the Committee works closely with several agency and stakeholder groups, including the Environmental Protection Agency, the National Association of Water Companies, and the Association of State Drinking Water Administrators. Commissioner Powelson, currently serving as co-vice chairman of the Committee, replaces outgoing Committee Chair John Butch Howard of South Carolina, whose term expired. NARUC committee chairs can serve up to three successive one-year terms. In addition, Commissioners Patricia Acampora of New York and Alaina Burtenshaw of Nevada will serve as the committees Co-Vice Chairs. Ensuring the safe and reliable delivery of water utility services is our number one priority as State regulators, NARUC President Jones said. The need to replace and upgrade our water infrastructure is a monumental and essential task. Yet we must do so in a way that does

not overburden our consumers. Chairman Powelson is stepping up to serve as a crucial time, and I look forward to working with him in his new capacity. I also want to thank Commissioner Howard for his unwavering service to NARUC and the nations consumers. We are all better off because of his leadership. Water literally touches everything and everybody in this country, said Chairman Powelson. We face tremendous challenges as we seek ways to ensure the continued level of service our consumers demand. From new environmental regulations to a growing interdependency between water and energy, there is no shortage of issues that this committee will discuss. In particular, we will reach out to the safe-drinking water officials at the EPA to better understand their new regulations, and so they can better understand us. Finally, we will reinvigorate our ongoing focus on the continuing challenge of small, under-capitalized investorowned water utilities and how best to promote consolidation where appropriate. I thank President Jones for this opportunity, Commissioner Howard for his service, and am anxious to get started. Commissioner Powelson serves as Chairman of the Public Utility Commission. He was first nominated to the PUC in June 2008 and reappointed for a full five-year term a year later. He was named Chair of the commission in February 2011. Within NARUC, Chairman Powelson serves on the Associations Board of Directors, the Committee on Critical Infrastructure, and the Subcommittee on Nuclear Issues-Waste Disposal. I look forward to continuing my service as a Co-Vice Chair of the Water Committee, said Commissioner Acampora. The utility industry is evolving at a rapid pace, but our focus as regulators remains the same: to ensure water utilities meet the needs of all consumers. I am excited about this opportunity to serve and articulate the regional needs of water consumers in the West, said Commissioner Burtenshaw. Obviously water is a critically important issue in Nevada and the desert Southwest. I look forward to working with Chair Powelson and the excellent staff on the subcommittee. Advisory Committee Meeting Canceled On Proposed Drilling Reg Changes The Department of Environmental Protection has canceled the December 11 Oil and Gas Technical Advisory Board meeting where they were due to roll out proposed changes to Chapter 78 regulations required by the Act 13 Marcellus Shale drilling law enacted in February. DEP issued a white paper in August for the Advisory Board and the public outlining the agencys proposed changes to regulations in response to Act 13. The bulleted list of changes in the white paper covered application requirements, well location restrictions, proposed protection of water supplies, pre-drilling or pre-alteration survey requirements, erosion and sedimentation controls, wastewater control and disposal planning, standards for pit and tank containment and much more. DEP originally said proposed language to implement these changes would be available online on or about September 14. DEP had scheduled two additional Oil and Gas Board meetings to review the proposals on September 17 and October 15. The proposals were also to be shared with DEPs Small Business Compliance Assistance Advisory Committee on October 24. DEP anticipated finalizing proposed language at the November 15 Oil and Gas Board meeting and then send it to the Environmental Quality Board on December 18 for their consideration. (The December EQB meeting has been canceled.) Keep watching the Oil and Gas Technical Advisory Board webpage for more information.

DEP No Longer Publishes Single Online Calendar Of Agency Meetings The Department of Environmental Protection no longer has available a single calendar of agency advisory committee and other meetings, according to a notice on its website. To find meeting dates, the public and interest groups can visit DEPs Public Participation Center and then visit each individual webpage for the more than 35 advisory committees and boards. In addition, each December, DEP typically publishes the next years schedule of advisory committee and board meeting dates in the PA Bulletin. Cookbook To Benefit Children Of Centre County Recycler Sammy Boob was proud to learn all about recycling. One of his proudest moments was earning the PROP certificate designating him as a Certified Recycling Professional. He hung his plaque on his office wall with great pride. Sammy was a long time employee of the Centre County Recycling & Refuse Authority. Back in 2009, Sammy was murdered and left behind his four children. Sammy loved to cook, so it was only a matter of time before his co-workers, family, and friends put together a cookbook to honor his memory. The cookbook titled, "Delectable Delights from the Dump" is currently available to purchase for only $10.00, plus $3 for shipping and handling. Employees of the Centre County Recycling & Refuse Authority have donated all printing costs, so that 100 percent of the proceeds from the cookbook sales will go directly to the Trust Funds for Sammy's four children. The cookbook will certainly make a wonderful Christmas present! They are filled with recipes submitted from Sammy's family as well as from residents across Centre County. If you would like to purchase a cookbook, Click Here to download an order form or contact the Authority office at 814-238-7005. CHEMSWEEP To Provide Safe Pesticide Disposal In 21 Counties In 2013 Agricultural businesses and pesticide applicators in 21 counties can dispose of unwanted pesticides safely and easily in 2013 through the Department of Agricultures CHEMSWEEP program. The program is offered in different counties each year. In 2013 it will be available in Bedford, Berks, Blair, Bradford, Butler, Columbia, Cumberland, Delaware, Lackawanna, Lawrence, Luzerne, McKean, Montgomery, Montour, Northumberland, Snyder, Somerset, Sullivan, Union, Warren and York counties. CHEMSWEEP provides a safe, legal way to dispose of unwanted pesticides, said Agriculture Secretary George Greig. For 20 years, the program has helped our agriculture industry properly dispose of more than two million pounds of unwanted or unusable pesticides, helping to safeguard our environment.

Every year, many pesticide products are discontinued, phased out or become unusable, leaving growers, commercial establishments and applicators with potentially dangerous and toxic materials that cannot be placed in landfills. The unwanted pesticides often become a safety hazard and an environmental concern through long-term storage in garages, barns or other areas. Licensed pesticide applicators, pesticide dealers and commercial pesticide application businesses from the designated counties are eligible to participate by completing the CHEMSWEEP registration/inventory form that will be direct-mailed. The registration period ends March 31. An independent contractor hired by the state agriculture department collects and packages all waste pesticides at each participating location, primarily for incineration at facilities approved by the U.S. Environmental Protection Agency. CHEMSWEEP covers the disposal cost for the first 2,000 pounds per participant. Above that level, participants are billed at the agriculture departments contracted price. The program is funded through annual registration fees paid by pesticide manufacturers and applicators. For more information, visit the CHEMSWEEP webpage. Dec. 1 Forecast As Air Quality Action Day By DEP In 3 Regions The Department of Environmental Protection is forecasting an Air Quality Action Day on Saturday, December 1 in the Lehigh Valley, Liberty-Clairton in Pittsburgh and the Susquehanna Valley regions. Click Here for details. York Public Meeting/Hearing On Perdue Grain & Oil Seed Facility In Lancaster Dec. 13 The Department of Environmental Protection will host a public hearing on December 13, to accept comments on two air quality plan approval applications and a storage tank permit application for Perdue Grain & Oil Seed LLC for the installation of a grain elevator and a soybean oil extraction facility in Conoy Township, Lancaster County. The 6 p.m. hearing will be at the Hellam Fire Company Hall at 163 E. Market St. in Hellam, York County. (formal notice) This hearing provides an opportunity for the public to voice any concerns and make comments about the applications, DEP Southcentral Regional Director Lynn Langer said. All written and oral comments we receive will be considered with the final review of Perdues permit applications. During the meeting, Perdue officials and DEP staff will offer brief presentations about the proposed projects and the agencys role in reviewing the necessary applications. Perdue is applying for a Storage Tank Site-Specific Installation permit for the installation of two above-ground storage tanks with a total capacity of 40,000 gallons to store hexane at the companys proposed soybean processing facility. The hexane will be stored on-site and used to extract oil from the soybeans. In addition, two air quality plan approvals will be needed for the processing facility one for the installation of a grain elevator that will receive the grain and store it at the site and the other for constructing and operating the soybean oil extraction facility. Due to potential hexane emissions from the new extraction facility, the overall project requires a Nonattainment New Source Review permit, which includes meeting the lowest

achievable emission rate to offset the emissions. This rate compares Perdues emissions limits with those of other facilities. Emission offsets will come from Perdue purchasing emission reduction credits from other facilities that have either shut down and are no longer producing emissions, or facilities that are applying emissions controls that cut their emissions. In the event that the soybean processing operations are not constructed, the grain elevator would be a stand-alone facility. During the hearing, interested members of the public will have an opportunity to present up to 10 minutes of oral testimony for the record about the storage tank permit application and air quality plan approval applications. Those who wish to present oral testimony at the hearing can register by calling Dawne Wilkes in DEPs Southcentral Regional Office at 717-705-4702, or by signing up the night of the hearing. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act should contact Lisa Kasianowitz at 717-787-1323 or make accommodations through the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD). For anyone unable to attend the hearing, written comments on the storage tank application should be submitted by Dec. 17 to Eric Lingle, DEP Bureau of Environmental Cleanup and Brownfields, Division of Storage Tanks, P.O. Box 8762, Harrisburg, PA 17105. Comments will also be accepted by sending email to: tanks@pa.gov. Written comments on the air quality applications should be submitted by Dec. 17 to Thomas Hanlon, DEP Air Quality, South-central Regional Office, 909 Elmerton Ave., Harrisburg, PA 17110. DEP will provide a written response to all relevant comments provided during the public hearing and public comment period. The administrative record for all three applications will be open for review and comment until December 17. It can be reviewed, by appointment, weekdays from 8 a.m. to 4 p.m. at DEPs Southcentral Regional Office at 909 Elmerton Ave. in Harrisburg. Call Anne Krasevic at 717-705-4743 to make an appointment. The administrative record for the storage tank application may also be reviewed from 8:30 a.m. to 4 p.m. at the Rachel Carson State Office Building at 400 Market St. in Harrisburg by calling 717-772-5599 to make an appointment. PUC's 10th Year Helping Consumers Prepare For Winter Heating Season The Public Utility Commission recognized the 10th year of its Prepare Now campaign by joining together with other state agencies at the Community Action Commission, Harrisburg, during a media and consumer event held Wednesday. In addition to educating consumers about the availability of programs to assist them with utility bills, another equally important part of the Prepare Now campaign is an effort to focus on increasing customer awareness of increased heating costs, exploring ways to reduce energy usage and increasing awareness for safe home heating, said PUC Chairman Robert F. Powelson during video remarks from the event. The PUC joined representatives from the states Department of Public Welfare (DPW) and the states Office of Consumer Advocate to increase consumer awareness on rising energy prices; exploring ways to reduce energy usage; educating consumers about the availability of

low-income programs; and increasing awareness for safe home heating. We are aware that it is increasingly difficult for many Pennsylvania households to make ends meet. As a result, many are struggling to make utility payments and may be facing the winter months without safe and adequate heat. We urge consumers to contact their utility and participate in programs designed to help reduce energy usage and to offer payment assistance, said Tanya McCloskey, Acting Consumer Advocate. A representative with the DPW spoke about the benefits of low-income grants. The Low Income Home Energy Assistance Program, also known as LIHEAP, helps low-income families pay their heating bills, said Ed Zogby, Director of Policy with the DPW. LIHEAP is a grant that offers assistance in the form of a cash grant, sent directly to the utility company, or a crisis grant for households in immediate danger of being without heat. A letter, which was signed by all five PUC Commissioners, was sent to electric and natural gas utilities under the PUCs jurisdiction asking the utilities to join the PUC in reaching out and educating consumers, especially those on limited and fixed incomes. The letter contained specific suggestions as to how the utilities can help. The utilities were asked to inform the PUC of any of the suggested actions they implement. The companies responses are available on the PUC website. The PUCs message is simple: Prepare Now for higher energy costs this winter. Learn about changes in the law related to utility shut-offs and know your rights. Save money by learning how to conserve energy. Heat your home safely. Explore budget billing options. Look into programs that help low-income customers restore and maintain service. Visit the PUCs Prepare Now webpage for more information or call the PUC at 1-800692-7380. DEP Sets Jan. 3 Hearing On Air Quality Permit For 936 MW Power Plant In Lycoming The Department of Environmental Protection will conduct a public meeting at 6:30 p.m. January 3 at the Clinton Township Volunteer Fire Co., 2311 Route 54 Highway, Montgomery, Pa. to discuss the proposed air quality plan approval 41-00084A for construction of a natural gas-fired combined-cycle power plant to produce 936 MW or less of electricity in Clinton Township, Lycoming County. Staff from DEPs Air Quality Program will explain the application review process and applicable regulations, and Moxie Patriot, LLC officials will review the project with the audience. These presentations will be followed by a question and answer session with citizens. Formal notice of the hearing and background on the required permits are available at PA Bulletin page 7299. PECO, PPL, Penelec, MetEd Customers Have New Wind Power Option Washington Gas Energy Services announced Tuesday PECO, PPL, Penelec and MetEd customers now have the option of switching their electricity generation to WGES PA WindPower, wind energy solely produced in Pennsylvania. Residential customers and businesses can visit the PA Wind Power webpage and switch to WGES as their electricity provider when they sign up for either 50 percent or 100 percent WGES PA WindPower.

At WGES, we strive to provide our customers with sustainable energy options that are better for the environment, said Harry Warren, President, Washington Gas Energy Services. WGES PA WindPower supports the Pennsylvania economy and improves local air quality. Residential customers who sign up with WGES by December 22, can take advantage of low introductory rates for 50 percent WGES PA WindPower and 100 percent WGES PA WindPower. Competitive rates are available for business customers as well. Currently, both 100 percent and 50 percent WGES PA WindPower cost less than the now discontinued PECO WINDSM option, and 50 percent WGES PA WindPower for residential customers also costs less than PECOs current standard electricity rate. As part of the product launch, WGES joins ChoosePAWind, a coalition of wind power developers, wind industry manufacturers, green electricity suppliers and environmental supporters. ChoosePAWind is the states go-to resource for consumers and businesses to learn about the positive economic impact of Pennsylvanias wind power industry and how they can contribute to improved air quality by switching to clean, Pennsylvania-harnessed wind energy. WGES is a regional energy leader with a track record of innovative and earth-friendly products, said Jim Spencer, President and CEO of EverPower Wind Holdings and founder of ChoosePAWind. Their commitment to Pennsylvania-sourced wind energy supports the efforts of ChoosePAWind to provide a strictly Pennsylvania green product. WGES PA WindPower is the latest addition to the WGES portfolio, reconfirming the companys commitment to providing green energy options for their customers. In 2011, the U.S. Department of Energy named WGES the Green Power Supplier of the Year in the non-utility category. The power for WGES' wind product will initially come from Lookout Wind Farm in Somerset County. Annually, the farm is capable of producing 37.8 megawatts of electricity or enough power for 37,000 homes. "Pennsylvania has become one of the largest producers of wind power in the nation," said Spencer. "There are now up to 4,000 jobs in the Commonwealth supported by wind. This is not just about clean energy, it is about the future of our economy." ChoosePAWind.com is designed to increase awareness of Pennsylvanias wind industry and inform energy buyers about the options available to choose clean, renewable energy developed right in Pennsylvania. The organization works with businesses, non-profit organizations and local governments. ChoosePAWind was launched early in 2012. Energy Efficiency, Conservation Plans Published By Electric Distribution Companies The Public Utility Commission published a notice announcing the availability of Energy Efficiency and Conservation Plans by electric distribution companies in Pennsylvania in the December 1 PA Bulletin page 7372. DEP Begins Discussion Of Climate Change Implementation Work Plans DEPs Climate Change Advisory Committee Thursday began the consideration of 35 different work plans recommending steps to reduce Pennsylvanias greenhouse gas emissions to address climate change.

The Committee discussed six of the work plans, but gave tentative approval to only two: demand-side management-natural gas and building commissioning. The group also discussed high performance buildings, re-roofing PA, re-lighting PA and geothermal heating and cooling. These work plans are a follow-up to the Pennsylvania Climate Adaptation Planning Report and the Pennsylvania Climate Impacts Assessment Report issued in response to the state Climate Change Act of 2008. Copies of each of the work plans considered by the Committee are available online. The Committee has tentatively set meetings for January 8 and February 19 to continue work plan discussions. For more information visit DEPs Climate Change Advisory Committee webpage or contact Joe Sherrick at 717-787-2030 or send email to: josherrick@pa.gov. DEP Now Accepting Applications For Natural Gas Vehicle Grant Program The Department of Environmental Protection announced Thursday it will begin accepting applications December 1 for its Natural Gas Vehicle Grant Program, which will provide up to $20 million over the next three years to help pay for the incremental purchase and conversion costs of heavy-duty natural gas fleet vehicles. The deadline for applications is February 1. (formal notice) With this new technology coupled with grant money available, Pennsylvania is in a leadership position to wean our country from its dependence on foreign oil for transportation fuel, DEP Secretary Mike Krancer said. Through Act 13, Gov. Corbett and the legislature moved us in the right direction by creating opportunities for converting vehicle fleets from imported oil to homegrown, clean-burning, cheaper natural gas. The next step was our standing-room-only series of seminars DEP hosted over the past few months to educate the public about the grant program and converting vehicle fleets to run on natural gas, he said. Now, our grant program will provide funding for local governments, schools and businesses to land lower operational costs, lessen dependency on foreign oil and clean the air all at the same time. In the first year, $10 million in grants will be available, $5 million of which is slated for local transportation organizations, including non-profit agencies providing public transportation services and public transportation, port and redevelopment authorities. Non-profit organizations, for-profit companies, local transportation organizations, stateowned or state-related universities, commonwealth or municipal authorities and the Pennsylvania Turnpike Commission will be eligible to apply for the remaining amount. An additional $7.5 million in funding will be available the second year, with $2.5 million the third year. Eligible vehicles must weigh 14,000 pounds or more and be fueled with compressed natural gas or liquefied natural gas. Bi-fuel vehicles are also eligible. Grant awards will be capped at 50 percent of the incremental purchase or retrofit cost per vehicle, with a maximum total of $25,000 per vehicle. The incremental purchase cost is defined as the difference between a vehicle eligible for these grants and one powered by traditional fuels, such as diesel or gasoline. Grants will be awarded in late March. To learn more about the program and complete the online grant application, visit DEPs Natural Gas Vehicle Grant Program webpage.

Former DEP Secretary John Hanger Launches Campaign To Unseat Gov. Corbett Former Department of Environmental Protection Secretary and Public Utility Commission member John Hanger Wednesday launched his campaign to seek the Democratic nomination for governor at the Reading Terminal Market in Philadelphia, with stops in Harrisburg and Pittsburgh. Hanger said he has has a 28-year record of accomplishments improving PAs economy and environment, including serving as Commissioner of the Public Utility Commission, as Secretary of the Department of Environmental Protection and as the Public Advocate for Philadelphias utility customers. Other potential Democratic challengers include Montgomery County Commissioner Josh Shapiro, newly re-elected state Treasurer Rob McCord, former Rendell administration official Tom Wolf, onetime Philadelphia mayoral candidate Tom Knox and Allentown Mayor Ed Pawlowski. Hanger, who lives in Hershey, said hes taking the school bus between Philadelphia and Harrisburg to emphasize his commitment to public education. A good public education system is the foundation of a growing economy that generates good-paying jobs. Businesses today, and more importantly, the businesses of tomorrow need well-educated, high-skilled workers and will locate where those workers are, said Hanger. Thats why Tom Corbetts attack on public schools and universities is so disastrous for every educational level and also for our future economic well-being. We cannot afford another Corbett term in office, Hanger continued. Corbetts education policies destroyed 19,000 education jobs, raised class sizes, and ended tutoring programs, language classes, arts programs and extra-curricular programs like sports. His education cuts also raised local property taxes. And local taxpayers are now paying more for less. When elected governor, I will make our schools and universities the first priority for funding, not the last; I will make sure taxpayer money given to charter schools, including cyber charters, is not wasted or stolen; and, I will immediately end what ESPN Magazine called Corbetts vendetta against Penn State. Hanger also supports Attorney General-elect Kathleen Kanes commitment to fully investigate the handling of the Sandusky case. Hanger also said that his campaign will emphasize four main issues: education, the economy, energy and the environment. Under Gov. Corbetts watch, weve gone from being a job leader in 2010 to a job-killing laggard, said Hanger. When the governor took office, Pennsylvanias unemployment rate was below the national average and had been for four years. Now our unemployment rate is above the national average. Hanger pointed out that Gov. Corbetts only economic development strategy is to rely completely on natural gas development while ignoring or harming education, agriculture, transportation, medicine, tourism and energy sources like renewable energy and energy efficiency. I have a vision for how to build a growing economy and a comprehensive strategy that makes key investments in rehabilitating roads, bridges, water and sewer systems and public education, he said. I will partner with private businesses to strengthen manufacturing, tourism,

agriculture, health care, energy, education and others to create and implement a broad-based strategy to create tens of thousands of good jobs. A widely-respected energy expert, Hanger said that Pennsylvanias diverse energy resources make the Commonwealth an energy powerhouse. We need a comprehensive energy independence strategy that ensures the safe production of natural gas; grows our supply of renewable energy including biodiesel; saves energy and money by cutting waste; and, diversifies our transportation fuels, said Hanger. Unfortunately, Governor Corbett has squandered the Commonwealths energy potential by neglecting or harming all our power resources other than natural gas. Hanger also supports taxing the extraction of natural gas and using the money for education, local communities and environmental conservation and restoration. Environmental quality and economic prosperity are dependent on each other you cannot grow an economy on the barren soil of a degraded environment, he continued. Gov. Corbett clings to the old, discredited idea that you cant have both a good environment and a growing economy. As governor I will increase the budget for the Department of Environmental Protection to ensure the department has adequate enforcement capacity; create a new Growing Greener III program that conserves and restores our air, land and water; protect state parks from gas drilling; continue the moratorium on further leasing of state forestland for drilling; create a Citizens Ombudsman to provide timely services to people in gas drilling areas who encounter problems; and, implement the actions identified in the states Climate Change Action Plan that cut pollution and save money. During the next several months, Hanger says he will travel the state meeting people and conducting town hall listening sessions. I want to be a governor for all Pennsylvanians, he said. And I look forward to meeting my fellow Pennsylvanians, learning from them and making them part of building a new Pennsylvania. Real Hanger-Rendell Environmental Record For eight straight years, Gov. Rendell and Secretary Hangers proposed budgets included cuts for the departments of Environmental Protection and Conservation and Natural Resources. A total of $1.3 billion was been diverted or cut from environmental programs to help balance the state budget or to fund programs that could not get funding on their own over the eight years of the Rendell Administration. These Rendell cuts put appropriations for DEP at 1994 levels and for DCNR at 199596 levels, wiping out nearly a decade of steady growth in the states commitment to the environment. Complement levels at DEP were reduced by over 378 positions from 3,211 in FY 200203 to 2,835 at the end of the Rendell Administration, even less if you take out the 105 positions DEP added for the Marcellus Shale drilling inspection and permit program during that time. 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. During the eight years of the Rendell Administration, DEP's General Fund budget was 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 building in 2009 and in truth during the last 7 years of the Rendell Administration, delaying hundreds of millions of dollars in economic development projects across the state. Click Here for more details on the real Hanger-Rendell environmental record. NewsClips: Hanger Kicks Off Gubernatorial Campaign Ex-DEP Secretary To Run For Governor John Baer: First Dem For Governor Has Long Road Former DEP Secretary Hanger Candidate For Governor Former DEP Secretary To Run For Governor Is Rob McCord The Tom Corbett Slayer? PHMC Now Accepting Applications For Historic Preservation Grants The PA Historical and Museum Commission is now accepting applications for Keystone Historic Preservation Project and Construction Grants. The deadline for applications is March 1. Project grants are available to nonprofit organizations and local governments for planning and development initiatives that enhance historic preservation in communities. The grants support projects that identify, preserve, promote and protect historic and archaeological resources in Pennsylvania. The grants receive funding from the Keystone Recreation, Park and Conservation Fund. Two types of grants project and construction are available for historic resources listed, or eligible for listing, in the National Register of Historic Places. Applicants may apply for only one type of grant. Project grant applications may include municipal planning initiatives focusing on historic resources or may be used to meet building or project-specific planning goals. Construction grants are available for rehabilitation, preservation and restoration activities for historic resources that are publicly accessible. Keystone Historic Preservation Grants are available in amounts between $5,000 and $25,000 and require a 50/50 cash match. Grants will be awarded through a competitive selection process and are contingent on availability of funds. Applicants are required to use the web-based electronic grant application process (eGrant). For more information, visit the PHMCs Grants and Funding webpage or contact Karen Arnold by sending email to: kaarnold@pa.gov or telephone at 717-783-9927. Game Commission Offers Wild Gift Giving Ideas If Black Friday shopping and Cyber Monday found you hibernating, you still can find dozens of wild holiday gifts for that hunter, trapper or wildlife fan on your list at The Outdoor Shop on the Game Commissions website. All revenues generated from these items support the Game Commissions wildlife management programs. The Game Commission does not receive any general state tax dollars. One gift thats always in demand is the agencys full-color calendar, which sells for $8.95.

The 2013 calendar features a years worth of dramatic wildlife photos taken by current and retired agency employees, including: Hal Korber, photographer in the Harrisburg headquarters; Jacob Dingel, radio dispatcher in the Northwest Region Office; Timothy C. Flanigan, retired Bedford County Wildlife Conservation Officer; Coy D. Hill, retired Deputy Wildlife Conservation Officer from Fulton County; and Willard C. Hill, a retired Game Lands Maintenance Supervisor from the Southcentral Region. Each month features a full-color photo of a different wildlife species. This calendars subjects are: screech owl; muskrat; Carolina wren; male turkey; Eastern bluebird; black bear; a pair of bald eagles; trio of white-tailed deer; bull elk; drake wood duck; ruffed grouse; and a buck. The 2013 calendar includes tentative hunting and trapping seasons, a reminder about National Hunting and Fishing Day in September and many other interesting bits of information about wildlife and the outdoors. Each month also provides photo inserts of Game Commission employees conducting many wildlife management tasks. As in past years, there is plenty of room for writing in appointments and other personal important dates and scheduling information. The calendar also provides a brief overview of the Game Commission and a list of contact information for the agencys Harrisburg headquarters and six regional offices. For more information on the calendar, publication subscriptions and other merchandise or to make a donation, visit the Game Commissions Outdoor Shop webpage. Audubon's Christmas Bird Count Reigns As Model For Crowd Science The longest running Citizen Science survey in the world, Audubon's annual Christmas Bird Count will take place from December 14 to January 5. Tens of thousands of volunteers throughout North America will brave winter weather to add a new layer to over a century of data. "Audubon was a social network before the world ever heard the term," notes David Yarnold, Audubon President & CEO. "Each December the buzz from our social network goes up a few decibels, as people with the knowledge and the passion for birds provide what no organization alone can." "It's a globally recognized example of crowd-science," says Gary Langham, Audubon's Chief Scientist, who took his young daughter and wife on last year's CBC. "Audubon's Christmas Bird Count is also a tradition that does good things for families, communities, and the conservation movement." For more information on bird conservation issues in Pennsylvania, visit the PA Audubon website. Consider a visit to John James Audubons first home in this country at Mill Grove in Montgomery County. Opportunity To Bid On DEP Gas Well Plugging Project In Elk County The Department of Environmental Protection published notice of an opportunity to bid on a gas well plugging project in Elk County.

Your 2 Cents: Issues On Advisory Committee Agendas

This section gives you a continuously updated thumbnail sketch of issues to be considered in upcoming advisory committee meetings where the agendas have been released December 4-- Agenda Released (posted Nov. 19). DEP Storage Tank Advisory Committee meeting. Room 105 Rachel Carson Building. 10:00. -- Underground Storage Tank Indemnification Fund update -- DEP Update: Land Recycling Program, revised Federal UST regulations, Project Syllabus and site-specific installation permits, significant operational compliance, UST operator training, Stage II vapor recovery, revised field order form, USTIB allocation request <> Click Here for any available handouts December 5-- Agenda Released (posted Nov. 28). DEP State Board for Certification of Water and Wastewater Systems Operators. 10th Floor Conference Room, Rachel Carson Building. 10:00. -- Approval of new, upgrades and reciprocity applications -- 2013 Operator Certification Exam Dates -- 2013 Board meeting dates <> Click Here for any available handouts December 6-- CANCELED. DEP Cleanup Standards Scientific Advisory Board meeting. (formal notice) December 11-- CANCELED. DEP Oil and Gas Technical Advisory Board meeting. Conference Room 5ABC, Forum Place, 555 Walnut St. 10:00. (formal notice) -- Discussion of Chapter 78 Drilling Environmental Protection Performance Standards December 11-- Agenda Released. DEP Board of Coal Mine Safety meeting. BMS Training Room, Ebensburg office. 10:00. -- Proposed rulemaking on maintenance of incombustible content of rock dust -- Draft rulemaking on standards for surface facilities -- Discussion of cable study -- Prioritization of future rulemakings <> Click Here for available handouts December 12-- Agenda Released. DEP Marsh and Rock Creek Critical Area Resource Plan meeting/hearing. Adams County Agricultural Center, 670 Old Harrisburg Road, Gettysburg. 5:30. (formal notice) December 13-- CANCELED. DEP Air Quality Technical Advisory Committee meeting. Room 105 Rachel Carson Building. 9:15. (formal notice) The next scheduled meeting is February 14. December 18-- CANCELED. DEP Environmental Quality Board meeting. Room 105 Rachel Carson Building. 9:00. December 19-- No Agenda Yet. DEP Agricultural Advisory Board meeting.

January 3-- NEW. DEP Climate Change Advisory Committee. Room 105 Rachel Carson Building. 10:00. -- Continued discussion of 30+ Climate Plan implementation work plans <> Click Here for available handouts

Grants & Awards

This section gives you a heads up on upcoming deadlines for awards and grants and other recognition programs. NEW means new from last week. December 13-- DEP Environmental Education Grants December 14-- EPA College Campus RainWorks Challenge December 14-- Coldwater Heritage Partnership Grants December 14-- WPC, Dominion Watershed Mini-Grants December 14-- Extended. FirstEnergy Ways 2 Save Energy For Schools Video Contest December 15-- Schuylkill Action Network Photo Contest Voting December 17-- PennSERVE AmeriCorps Grants December 19-- DEP Clean Diesel Grant Program December 20-- PA Green Ribbon Schools, District Sustainability Award December 28- DCNR, PRPS Green Park Award December 28- DEP Recycling Performance Grants January 7-- EPA Environmental Justice Small Grants January 9-- West Penn Sustainable Energy Fund Financing January 16-- Great American Can Roundup School Challenge January 31-- Fish & Boat Commission Photo Contest February 1-- NEW. DEP Natural Gas Vehicle Grants March 1-- NEW. PHMC Historic Preservation Grants April 10-- DCNR Community Conservation Partnership Grants May 1-- Keep PA Beautiful Sue Wiseman Scholarship Grant -- Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial assistance for environmental projects.

Budget/Quick Clips
Here's a selection of NewClips on environmental topics from around the state-Bud George Leaves Legacy Of Taking Care Of People Hanger Kicks Off Gubernatorial Campaign Former DEP Secretary Hanger Candidate For Governor Budget Corbett Considering Lifting Cap On Fuel Tax To Fix Roads Corbett Mulls Lifting Cap On Gasoline Tax Corbett Joins Talks On Transportation Funding Corbett Stays Firm On Promise To Not Raise Taxes Pensions, Road Funding Loom Large For Corbett In 2013

Corbett Wont Recommend Pension Crisis Solutions Corbett: PA Pension Cuts Would Apply To All Editorial: Time To Ditch No-Tax Pledge Editorial: Corbett Must Deliver Big Play Editorial: Time To Ditch No-Tax Pledge Automatic Raises For Legislators Other Christmas Tree Crop Largely In Good Shape In PA Lackawanna County Expands Paper Recycling Additional Biowaste Uncovered At Monsour Heating Costs Expected To Rise Heating Oil Prices Drive Users To Natural Gas Motorists On Pace To Spend Record Amount On Gasoline Group Goes To Bat For Expiring Wind Energy Credit Climate Skeptics Work To Reverse Renewable Energy Mandates Editorial: Climate Crock: Facts vs. Rhetoric Costs Cloud Cleanup Of Parks Nuclear Waste Site Decreased Coal Value Hurts Greene County Tax Base DCED's Alan Walker Hasnt Given Up On Coal Coal Ash Raising Solomon Creek Mine Subsidence Found Under Hyde Park Houses Charges Filed In WV Mine Disaster Air Rule Fight Likely In Allegheny County Recreation Projects Get State Funds In Alle-Kiski Valley Farms Enter Westmoreland Preservation Program Pittsburgh Promoting Trees In Least Green Areas Editorial: State Is Fails To Halt Bat Extinction Migrating Bald Eagles Congregate At MD Dam Wildlife Officials Seeking Info On Dead Eagle Western PA Audubon Ready For Christmas Bird Count Presque Isle Improvements Improve Bird Habitat 750,000 Hunters Take To PA Woods More State Forest Roads Opened For Hunters Generations Cling To Tradition Of Opening Day

Marcellus Shale NewsClips

Here are NewsClips on topics related to Marcellus Shale natural gas drilling--Heating Oil Prices Drive Users To Natural Gas PAs Shift From Coal To Gas Power Natural Gas Producers Make Their Operations Greener Gas Producers Making Switch To Cleaner Rigs Drilling Opponent Succumbs To Offer Of Money Gas Drillers Target Truck, Bus Market Agency To Make Marcellus Housing Aid Decisions

Companies Profiting From Marcellus Shale Community College Faculty Angry Over Marcellus Center The Downside Of Cheap Natural Gas Op-Ed: PA Continues To Benefit From Marcellus Shale Op-Ed: Were Paying The Price For Natural Gas Drilling Op-Ed: Natural Gas Vehicles Coming To PA Beaver County Waits In Hope For Shell Plant Drilling Leases Complicate Wills, Trusts First National Offering Special Natural Gas Lease CDs Financial/Other States Ad Campaign Promotes NY Gas Drilling More Of Nations Gas Coming From Marcellus

Flooding/Watershed NewsClips
Here are NewsClips on watershed topics from around the state-Flooding PA Hurricane Damage At $16 Million And Rising FEMA: Nothing Changed For West Pittston Flood Issues Other Watershed NewsClips Conservationists Fight To Save One OF PAs Gem Streams Lessons On Saving The Chesapeake Bay Reveal Slow Learning Curve Wetland Restoration Goal On Target, Buffer Goal Lags In Chesapeake Rural Road Program Keeps Dirty Runoff Out Of Streams Township Stream Project Damages Wetlands Lake Eries Temperatures Back To Normal Flood-Damaged Shickshinny Post Office Reopens Alcosan Targeting Young For Future Workers November One Of Driest On Record River Industry: Anti-Drought Efforts Hurt Commerce

Regulations, Technical Guidance & Permits

No new regulations were published this week. Pennsylvania Bulletin - December 1, 2012 Proposed Regulations Open For Comment - DEP webpage Proposed Regulations With Closed Comment Periods - DEP webpage DEP Regulatory Agenda - DEP webpage

Technical Guidance & Permits

The Department of Environmental Protection published a notice of proposed changes to the policy on surface mine accident and investigations, a notice extending the NPDES General

Permit for discharges from petroleum product contaminated groundwater remediation systems, a notice of availability of the final NPDES General Permit for stormwater discharges associated with construction activities and a notice of actions under the Nutrient Credit Trading Program. The Department of Agriculture published a notice formally suspending the 2 percent biodiesel mandate in response to Hurricane Sandy from November 2 to 12. Draft: DEP ID: 562-5900-001. Title: Surface Mine Accident/Incident Investigations. Description: The purpose of this guidance is to outline a standard operating procedure for the Department's role in investigating accidents which cause serious injury or death; and in investigating incidents that had the potential to cause bodily injury on surface mine sites. The guidance is being revised to update the investigation procedures and to include the reporting and investigation of incidents on surface mine sites. Technical Guidance Comment Deadlines - DEP webpage Recently Closed Comment Periods For Technical Guidance - DEP webpage Technical Guidance Recently Finalized - DEP webpage Copies of Final Technical Guidance - DEP webpage

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. December 4-- Agenda Released. DEP Storage Tank Advisory Committee meeting. Room 105 Rachel Carson Building. 10:00. December 5-- Agenda Released. DEP State Board for Certification of Water and Wastewater Systems Operators. 10th Floor Conference Room, Rachel Carson Building. 10:00. December 5-- Delaware River Basin Commission meeting to consider water withdrawal requests. Agenda. 25 State Police Drive, West Trenton, NJ. (formal notice) December 6-- CANCELED. DEP Cleanup Standards Scientific Advisory Board meeting. (formal notice) December 11-- CANCELED. DEP Oil and Gas Technical Advisory Board meeting. Conference Room 5ABC, Forum Place, 555 Walnut St. 10:00. (formal notice)

December 11-- Agenda Released. DEP Board of Coal Mine Safety meeting. BMS Training Room, Ebensburg office. 10:00. December 12-- Agenda Released. DEP Marsh and Rock Creek Critical Area Resource Plan meeting/hearing. Adams County Agricultural Center, 670 Old Harrisburg Road, Gettysburg. 5:30. (formal notice) December 13-- CANCELED. DEP Air Quality Technical Advisory Committee meeting. Room 105 Rachel Carson Building. 9:15. (formal notice) The next scheduled meeting is February 14. December 14-- Susquehanna River Basin Commission meeting. Lowe House Office Building, House of Delegates, Annapolis, MD. 8:30. (formal notice) December 18-- CANCELED. DEP Environmental Quality Board meeting. Room 105 Rachel Carson Building. 9:00. January 3-- NEW. DEP Climate Change Advisory Committee. Room 105 Rachel Carson Building. 10:00. DEP Calendar of Events [DEP No Longer Publishes a single Calendar of agency meetings] Note: The Environmental Education Workshop Calendar is no longer available from the PA Center for Environmental Education because funding for the Center was eliminated in the FY 2011-12 state budget. The PCEE website was also shutdown, but some content was moved to the PA Association of Environmental Educators' website. Senate Committee Schedule House Committee Schedule

You can watch the Senate Floor Session and House Floor Session live online.

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