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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 October 10, 2011

Governor Unveils County Drilling Fee, Other Marcellus Shale Proposals Gov. Tom Corbett Monday said he agrees with 94 of the 96 recommendations made by his Marcellus Shale Advisory Commission and will be recommending legislation authorizing counties to adopt a drilling fee whose revenue would be split between the state (25 percent) and local governments (75 percent) to offset costs imposed by natural gas development. The recommendations not adopted by the Governor include: forced pooling, re-writing the authority of local governments to regulate drilling linked to a drilling fee and adding natural gas to Tier II of the Alternative Energy Portfolio Standards. The Governor's Office did not release legislative language or mention which recommendations would be adopted by legislation, regulation or policy. However, he said about one-third require legislative changes; more than 50 are policy-oriented and can be accomplished within the state agencies. The legislative priorities outlined this week will be submitted to the legislative leadership in the near future. The governor has instructed the relevant Cabinet Secretaries to create implementation plans for the policy-oriented recommendations and to submit them to his office within 30 days. This natural resource will fuel our generating plants, heat our homes and power our states economic engine for generations to come, Corbett said. This growing industry will also provide new career opportunities that will give our children a reason to stay here in Pennsylvania. We are going to do this safely and were going to do it right, because energy equals jobs. County Drilling Fee Under the Governor's drilling fee proposal, each of the 39 counties with Marcellus or Utica natural gas shales are authorized to adopt a per well drilling fee of up to $40,000 per well the first year, decreasing to at most $10,000 per well in four years. A county may provide for a fee credit of up to 30 percent if the driller makes approved investments in natural gas infrastructure, which include setting up natural gas fueling stations or natural gas public transit vehicles. Estimates show that this impact fee will bring in about $120 million in the first year, climbing to nearly $200 million within six years, Corbett said. As the number of wells grows, so will the revenue. Almost all of the money it brings in will go to benefit the places experiencing the impact. A quarter of the fee revenues would be sent to state government for several specific uses:

-- 4.5 percent-- up to $2 million-- to the PA Emergency Management Agency for emergency response planning, training and coordination; -- 3.75 percent-- up to $2 million-- to the Office of State Fire Commissioner to develop and support first responder activities; -- 3.75 percent-- up to $2 million-- to the Department of Health for collecting and disseminating information and supporting outreach activities for investigating health complaints related to shale gas development; -- 7.5 percent-- up to $2 million-- to the Public Utility Commission for inspection and enforcement of pipelines; -- 10.5 percent-- up to $10 million-- to plug abandoned oil and gas wells and provide for the enforcement of oil and gas programs requirements; and -- 70 percent and an balance remaining to PennDOT for road and bridge maintenance and repair and transportation infrastructure improvements in counties hosting shale gas development. Seventy-five percent of the revenues would be retained at the local level and allocated to counties (36 percent), host municipalities (37 percent) and 27 percent to municipalities in shale counties distributed by population and highway miles. Local governments could use the funding for road and bridge repair, water, stormwater and drinking water systems, reclaiming surface and subsurface water supplies, GIS and other information technology, project to increase the availability of housing to low income residents, delivery of social services including domestic relations, drug and alcohol treatment, job training and counseling, court system costs and conservation districts inspection and oversight of natural gas development. There are 39 counties with Marcellus Shale include: Allegheny*, Armstrong*, Beaver, Bedford*, Blair, Bradford, Butler*, Cambria, Cameron, Carbon, Centre*, Clarion*, Clearfield*, Clinton, Crawford*, Elk*, Erie*, Fayette*, Forest*, Greene*, Indiana*, Jefferson, Lawrence, Luzerne, Lycoming*, McKean*, Mercer*, Pike, Potter*, Somerset, Sullivan*, Susquehanna*, Tioga*, Venango*, Warren*, Washington*, Wayne, Westmoreland*, Wyoming*. (*current drilling activity) Other Recommendations As a part of this proposal, Corbett announced a series of standards related to unconventional drilling, including: -- Increasing the well setback distance from private water wells from the current 200 feet to 500 feet, and to 1,000 feet from public water systems; -- Increasing the setback distance for wells near streams, rivers, ponds and other bodies of water from 100 feet to 300 feet; -- Increasing well bonding from $2,000 up to $10,000; -- Increasing blanket well bonds from $25,000 up to $250,000; -- Expanding an unconventional gas operators presumed liability for impairing water quality from 1,000 feet to 2,500 feet from a gas well, and extending the duration of presumed liability from 6 months after well completion to 12 months; -- Enabling DEP to take quicker action to revoke or withhold permits for operators who consistently violate rules; -- Doubling penalties for civil violations from $25,000 to $50,000; and -- Doubling daily penalties from $1,000 a day to $2,000 a day.

Corbetts proposal also seeks to help secure energy independence and reduce reliance on foreign oil by developing Green Corridors for natural gas vehicles with refueling stations at least every 50 miles and within two miles of key highways; by amending the PA Clean Vehicles Program to include bi-fuel vehicles (diesel and natural gas); by helping schools and mass transit systems to convert fleets to natural gas vehicles; by stabilizing electric prices by using natural gas for generating electricity; and by encouraging the development of markets for natural gas and natural gas byproducts, such as within the plastics and petrochemical industries. A summary of the Governor's proposal is available online. Visit the Marcellus Shale Advisory Commission webpage for a complete copy of the July report. Related Stories Counties Express Strong Reservations With Corbett's Plan To Have Them Levy Drilling Fee Renew Growing Greener Coalition: Governor's Impact Fee Proposal Falls Short PEC On Corbett's Marcellus Announcement: Good Start, Waiting For The Details CBF: Corbett's Marcellus Shale Plan Missing Environment, Community Components Environmental Groups Respond To Gov. Corbett's Marcellus Recommendations Senate Republican Leadership Responds To Gov. Corbett's Shale Proposals Senate Democrats Respond To Governor's Marcellus Shale Proposals Rep. George: Corbett Marcellus Plan Is A Flawed Sweetheart Deal Marcellus Industry: Governor's Proposal Builds On Drilling Momentum Analysis: Will We Get A Chevy Or A Pinto Out Of The Coming Marcellus Shale Debate? NewsClips: A Primer On Corbett's Drilling Fee Proposal Corbett: Marcellus First, School Reform Second Counties Like Corbett's Drilling Fee Plan, Not Their Role County Commissioners Disagree With Corbett On Fee Plan County Leaders Favor Corbett's Drilling Fee, Not Process Counties Wary Of Corbett's Drilling Plan Corbett's Gas Fee Probably A No-Go In Luzerne County Lackawanna, Luzerne Would Get Little From Corbett Fee Fitzgerald Wold Impose Shale Tax In Allegheny County Criticism Of Corbett Fee Plan Focuses On One Provision Drilling Fee Would Be Among Lowest In The Nation Why Lawmakers Will Likely Change Corbett's Fee Plan Debate On Shale Levy Continues Reactions Mixed To Corbett's Marcellus Shale Plan Latest On Corbett's Proposed Impact Fee Some Say Proposed Drilling Impact Fee Too Limited PA Urban, Rural Interests Fight Over Proposed Shale Gas Revenues Corbett Sticking By County-Level Impact Fee Hanna: Corbett Fee Plan Shows Lack Of Leadership Doubts Raised In Alle-Kiski Valley About Corbett Fee Proposal Proposed Marcellus Drilling Fee A Bargain Next To PA

API Welcomes Marcellus Shale Moves By Corbett Corbett's Marcellus Shale Impact Fee: Day Two Reaction Pours In On Corbett's Impact Fee Plan Corbett's Drilling Fee Becomes Tax If Levied Statewide Governor Proposes Letting Counties Assess Gas Well Impact Fee County-Driven Impact Fee Raises Concerns Over Border Wars Corbett Unveils Shale Proposal Corbett Releases Marcellus Shale Oversight, Fee Plan Some Lawmakers Question Governor's Shale Plan Environmentalists Say Marcellus Shale Plan Falls Short Corbett Would Let Counties Impose Marcellus Shale Fee Corbett Unveils Marcellus Shale Fee Proposal Corbett To Let Counties Set Marcellus Shale Fees Corbett Announces $40,000/Well Marcellus Shale Impact Fee Drilling Fee Proposed For Pennsylvania What Happens Next On Corbett's Impact Fee? Column: Corbett Washes Hands Of State-Imposed Drilling Fee Op-Ed: Principles Must Lead Shale Fee Proposal Editorial: Legislature Must Adopt Better Gas Tax Plan Editorial: Reality-Free Drilling Impact Fee Editorial: Corbett's Impact Fee Is Lacking Editorial: Corbett's Marcellus Plan: One Caveat Editorial: Corbett Punts On Drilling Fees Editorial: Corbett Proposal On Shale Gas Inadequate Counties Express Strong Reservations With Corbett's Plan To Have Them Levy Drilling Fee The County Commissioners Association of Pennsylvania Thursday announced its support for the direction taken by Gov. Corbett in his plan to implement numerous recommendations of the Marcellus Shale Advisory Commission, while expressing strong reservations with its provision vesting the levying and administration of the local impact fee with county government. The Associations strong reservations with county levy and administration of the impact fee are based on concerns that it creates inconsistency and uncertainty in its levy and creates duplicative administrative processes. The Association believes that the interests of local government and of the industry are both better addressed by a uniform statewide levy and state administration. The point is further emphasized by the proposals dedication of 25 percent of the proceeds to state agencies. Under the proposal, counties with shale gas would be authorized to levy an impact fee on active wells, at a maximum rate of $40,000 per well for its first year of production ($30,000 in the second year, $20,000 in the third, and $10,000 per year through the tenth year). Seventy-five percent of the proceeds would stay with the impacted county and its municipalities, and the remaining 25 percent would be forwarded to the commonwealth for allocation among several shale gas-specific funds.

The Association expressed strong support for the 75 percent allocation to impacted communities, noting that counties and municipalities do not currently receive direct revenues from Marcellus and other shale gas producers, as they do from other mineral operations, based on a 2002 Pennsylvania Supreme Court decision that exempted oil and gas from local property taxes. Yet counties do provide services and incur costs based on gas development, including highway and bridge infrastructure, emergency management planning and response, human services, record keeping and others. The Governors proposal directs the impact fee proceeds to these types of services, and CCAP notes that the list of allowable expenditures, and the formulas for distribution of the funds among the municipalities in the county, mirror proposals offered to the Governors Commission by it and the other local government groups. CCAP also noted its memberships interest in other shale gas development issues, expressing support for the Governors proposals to strengthen or address environmental, public safety, and pipeline concerns among others. The Association commented that the Governors proposal shares many of the elements contained in legislation already introduced this session, signaling the beginning of a consensus to move the issue forward. CCAP expressed its interest in continuing to work with the Governor and the legislature to craft a comprehensive approach to shale gas development for enactment this fall. NewsClips: Counties Like Corbett's Drilling Fee Plan, Not Their Role County Commissioners Disagree With Corbett On Fee Plan County Leaders Favor Corbett's Drilling Fee, Not Process Renew Growing Greener Coalition: Governor's Impact Fee Proposal Falls Short The Renew Growing Greener Coalition issued the following statement from Executive Director Andrew Heath in response to Gov. Corbetts Marcellus Shale impact fee proposal. The Coalition is pleased that the Governor has come to realize there should be an impact fee on Marcellus Shale drilling and that he will strengthen certain regulations to protect Pennsylvanias environment from the dangers of natural gas drilling. Moreover, the Coalition is pleased that the Corbett administration is setting aside funds for plugging abandoned wells, a function of the Growing Greener program, which has invested $14.7 million in plugging more than 2,100 wells across the Commonwealth. Unfortunately, however, the Governors proposal falls short of what is necessary to offset the conservation, recreation and environmental impacts that drilling will have throughout Pennsylvania. Though the Governor says all the revenue should be used for industry-related impacts, he ignores the fact that these impacts extend far beyond local communities. Consider that Marcellus development threatens our water quality by causing erosion and sedimentation of our wetlands, creeks and rivers. Moreover, pollution from spills, overflows or illegal dumping could be felt in downstream communities all the way to the Chesapeake Bay and other critical waterways. Also consider that loss of access to hundreds of thousands of acres of state game lands, forests and parks which are some of our most important areas for outdoor recreation including

hunting, fishing, camping and hiking threatens our tourism industry as well as the quality of life for all Pennsylvanians. Now that the Governor has made his proposal public, the Coalition looks forward to working with the House and the Senate to ensure funding be allocated to Growing Greener to help offset the impacts of drilling and protect water quality, preserve open space and farmland, and enhance parks, trails and other recreational opportunities. Growing Greener is a bipartisan program established in 1999 under Gov. Tom Ridge and later expanded by Governors Schweiker and Rendell. Since its establishment, Growing Greener has created a legacy of success, preserving more than 33,700 acres of Pennsylvanias family farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to state parks and forests, and restoring over 16,000 acres of abandoned mine lands. Moreover, Growing Greener has contributed and leveraged billions of dollars to the Pennsylvania economy by helping to boost tourism, create jobs and generate revenue. Yet despite the programs accomplishments, funding for Growing Greener projects and grants fell from an average of approximately $150 million per year for the last six years to $27.3 million in the current budget. This is an 82 percent cut at a critical time when the natural gas drilling boom poses significant threats statewide to our water, air and environment. To date, 230 organizations and groups have announced their support for renewing Growing Greener. In addition, at least 90 Pennsylvania municipalities and 23 counties, representing more than 5 million Pennsylvanians, have passed resolutions urging the Governor and Legislature to renew Growing Greener funding. The Renew Growing Greener Coalition is the Commonwealths largest coalition of conservation, recreation and environmental organizations representing nearly 350 organizations and government entities. PEC On Corbett's Marcellus Announcement: Good Start, Waiting For The Details Paul King, President of the PA Environmental Council, released this statement in response to Gov. Corbett's announcement of Marcellus Shale initiatives: "The Governors proposal is a good start. But the devil is in the details, which are critical to passing a bill thats good for the environment and public health. "We havent seen all of the details, so we intend to do everything we can to hold the governors feet to the fire as this proposal moves through the General Assembly. And we intend to push for a greater share of the impact fee revenue to be used for addressing cumulative impacts and management of Marcellus Shale activity. "The Pennsylvania Environmental Council has provided its own proposal for amending the Oil and Gas Act to better manage unconventional shale gas development in Pennsylvania. Many of those recommendations were incorporated into the governors Advisory Commission report, but more needs to be done. "We have a duty to get this right. We commend Gov. Corbett on a good start, and expect that he and the General Assembly will build on this plan and craft legislation that fully protects the people and environment of Pennsylvania. CBF: Corbett's Marcellus Shale Plan Missing Environment, Community Components

Matthew J. Ehrhart, Pennsylvania Executive Director for the Chesapeake Bay Foundation issued the following statement in response to Gov. Corbetts plan for the future of natural gas drilling in the Commonwealth: The Governors plan presents an opportunity for the Commonwealth to plan for the significant environmental, economic, and community-related issues that drilling for natural gas in Pennsylvania presents. CBF is encouraged that the Governor has incorporated almost all of the recommendations of the Marcellus Shale Advisory Commission into his plan, however, much depends on the details and specific language that has yet to be released. The Commissions recommendations, specifically those with environmental implications, would fundamentally improve the way the gas industry is managed, and significantly reduce the risks to human health and safety, as well as risks of environmental contamination. Enforcing cradle to grave tracking and manifesting of wastewater, increased setbacks from wells and homes, improved management of erosion and sediment control implementation, and increased setbacks from floodplains will dramatically reduce risks. Additionally, increased enforcement tools and fines will provide greater accountability. However, much of todays focus was on the details of an impact fee. Perhaps most problematic to our constituencies is the very visible lack of commitment to providing for environmental funding. While the proposal allocates significant funding to PennDOT programs, no funds are allocated to the Environmental Stewardship Fund. While $25-$30 million would be the proverbial drop in the bucket for transportation funding, it would be vital to the survival of environmental funding. We ask the Governor to reconsider this stance and will continue to work with the Administration and the General Assembly on this issue. We look forward to seeing the detailed language necessary to implement the Commissions recommendations in legislation, regulation, and policy and remain committed to securing the achieving health, safety, and environmental quality of our communities and natural places for the citizens of the Commonwealth. Some environmental issues remain to be addressed to our satisfaction, including a funding mechanism for environmental impacts, and addressing impacts to state forest lands. CBF will continue to focus on these issues, as well as the need for a cumulative impact study to better understand the long-term impacts drilling has on our natural resources. CBF calls on the Pennsylvania General Assembly to move quickly to enact effective legislation to safeguard our communities and our natural resources. Environmental Groups Respond To Gov. Corbett's Marcellus Recommendations The following statement was issued in response to Gov. Corbett's Marcellus Shale proposal from the four environmental groups on his Marcellus Shale Commission: the Chesapeake Bay Foundation, Pennsylvania Environmental Council, The Nature Conservancy: Pennsylvania Chapter and the Western Pennsylvania Conservancy. "On Monday, Gov. Corbett announced his plans to implement recommendations from the Marcellus Shale Advisory Commission. While much depends on details that have yet to be released, the environmental organizations represented on the Marcellus Shale Advisory Commission are encouraged that the Governor intends to move forward with many of the recommendations in the Commissions final report that address environmental concerns. This

includes the tracking and recording of wastewater, increased setbacks from streams and water supplies, improved management of erosion and sediment, stronger protection of floodplains, and increased enforcement tools and fines. "Significant concerns remain, however, regarding the proposed county impact fee, which fails to adequately address the full range of impacts on Pennsylvanias lands, water, wildlife, and outdoor recreational assetswithin and beyond the Marcellus region. "We continue to believe that an appropriate mechanism already exists for investing in community projects that can help offset these impacts: the successful Growing Greener Program. We look forward to working with the General Assembly and Governor to ensure that sufficient funding is provided for conservation and environmental protection as part of this package. "It is imperative that the Commonwealth move quickly to improve its oversight and management of Marcellus development. With limited time remaining in the fall session, we are hopeful that detailed legislative language for the Governors proposal will be released for review and discussion as soon as possible." Senate Republican Leadership Responds To Gov. Corbett's Shale Proposals Senate President Pro Tempore Joe Scarnati (R-Jefferson) said he was pleased to see Gov. Tom Corbett included an impact fee on Marcellus Shale drilling in his recently announced comprehensive proposal. However, Sen. Scarnati said he recognizes there are obstacles yet to be overcome as negotiations continue on this highly significant plan. "It was vital that the Governor weighed in on his recommendations for regulating and overseeing the Marcellus Shale industry," Sen. Scarnati stated. "There seems to be general agreement among all parties involved that there needs to be an impact fee that will not only assist local communities affected by drilling activities, but fund important related statewide environmental programs as well." Sen. Scarnati expressed a strong willingness to negotiate the various proposals outlined in the Governor's plan with the legislation he proposed six months ago. With that said, Sen. Scarnati believes the final package must include a reasonable fee, increased environmental safety measures and incentives to use natural gas. Also, there will be ongoing discussions with local officials and industry representatives to ensure that there is a balanced approach to zoning so that both sides do not continue to spend resources on legal costs. "As we move toward ensuring that communities across the Commonwealth are protected from the impacts of drilling, there will be discussion on the percentage that goes to local jurisdictions and what environmental programs will be funded and at what level," Sen. Scarnati added. "The most important thing is that we get some consistency, some confidence, and some reliability that the Commonwealth is moving in a direction that will foster growth in the industry while protecting our water, our neighborhoods, and our roads." "Negotiations between all parties will continue as we look to pass a final Marcellus Shale measure out of the Senate by the end of October, Sen. Scarnati concluded. "I am confident that the final package will be reflective of our understanding of the need to balance the economic growth of this booming industry with the environmental health and well-being of the citizens of the Commonwealth."

Senate Majority Leader Dominic Pileggi (R-Delaware) issued this statement in response to the Governor's Marcellus Shale proposals: "The proposal outlined today by Gov. Corbett represents a good starting point for the ongoing discussions on how Pennsylvania should best address the many opportunities and challenges presented by the Marcellus Shale gas formation. It is vital to strike the proper balance between protecting our environment and encouraging economic development. The Governor's proposal touches on the most important issues and gives the General Assembly a clear understanding of how he would prefer to see those issues addressed. Enactment of comprehensive Marcellus Shale legislation this fall remains a top legislative priority for the Senate Republican Caucus." Senate Democrats Respond To Governor's Marcellus Shale Proposals Senate Minority Leader Jay Costa (D-Allegheny), Senate Minority Appropriations Chairman, Vincent Hughes (D-Philadelphia) and Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, issued this statement on Gov. Corbett's Marcellus Shale proposals: "The governor said we must move quickly in order to make sure Pennsylvania creates jobs," Sen. Costa said. "Senate Democrats have been arguing for months that creating jobs for Pennsylvanians must be the number one priority for this fall's session of the General Assembly. We've also been waiting months for an energy policy from the administration. We'd be the first to argue we must move. Let's do so responsibly." "I am very concerned by the way money is being allocated for transportation. As I have said repeatedly in the past, road repairs have been and should remain the responsibility of the drilling companies. Imposing an impact fee shouldn't relieve them of this responsibility." "The utter lack of funds going toward environmental protection is also a concern. This meager amount, layered on budget reductions which have already been imposed on the agency tasked with protecting Pennsylvania while this industry grows at breakneck pace, is severely lacking. We only get one shot at this and if we don't protect our water and our land, then we have learned nothing from our history." 25 percent of fee revenue would be allocated statewide under the governor's plan. Of that, the governor seeks to channel only 10.5 percent of that to the Department of Environmental Protection. Corbett's proposal would direct the money to the restricted account for plugging of abandoned and orphaned oil and gas legacy wells and administration of enforcement of oil and gas program and other permits related to natural gas development. "While I respect the governor for finally recognizing that job creation must be our top priority and for bringing job training into the public discussion, we need to be clear on one thing: all Pennsylvanians must benefit," said Sen. Hughes. "That doesn't happen under the governor's proposed plan. There was entirely too much focus on the industry, and what the industry needs to create jobs. The governor said today that Pennsylvania is sitting on the second largest energy reserve in the country. The gas companies aren't going anywhere." "We also need to look closely at this plan as it pertains to transportation. We can't let these multi-million dollar companies fore-go their obligation to repair the wear-and-tear on roads

and infrastructure just because an impact fee has been imposed, and PennDOT is getting some of this money." The governor's impact fee proposal would send 75 percent of fee revenue to local municipalities where drilling occurs. It is expected to generate $120 million in the first year. If so, Pennsylvania's Department of Transportation would get $21 million; DEP $3.15million; and counties $32.4 million. Sen. Yudichak warned of the potential unintended consequences of allocating the majority of revenue to counties to distribute to local host and surrounding municipalities. "The governor's county-assessed fee approach will create a fragmented patch work of 'have and have-not' communities across Pennsylvania. It completely overlooks countless communities across Pennsylvania that have road, water system, and other infrastructure demands placed upon them." said Sen. Yudichak. "We do not apply this type of 'point of origin' revenue standard to any other industry whether its gaming, landfills or our corporate tax structure. If the governor truly believes in this industry's potential to create jobs and revitalize our economy, he must realize we need a strong statewide job's policy not a limited county-by-county jobs policy. How can you develop a secondary markets for natural gas in Pennsylvania like power generation and natural gas vehicles if the bulk of the money only goes to those counties that host a Marcellus Shale rig?" Sen. Yudichak added that he was pleased that the governor singled out community colleges and other state-related and state-system universities for their vital role in developing the industry and preparing Pennsylvanian's workforce. "I hope when all is said and done, we do indeed see a very active role from these institutions. They took a big hit in this year's budget, but their importance to our economy is greater than ever. As the natural gas industry grows, they should grow and benefit as well. They have been and will continue to be willing partners." Watch Sen. Yudichak's comments online. "If there's one thing we must continue to support aggressively, it is education and jobtraining," said Sen. Hughes. "In the end, it comes down to creating a ready, willing, and able workforce." "The well-being of Pennsylvania workers, Pennsylvania unions, and our communities as a whole is what's important. That is why I am pleased to see the governor putting jobs on the front burner. Now we need to sit down and work together to make sure we reap the economic rewards in a prudent way that protects our natural resources. We want our children and grandchildren to be able to enjoy prosperity in Pennsylvania for years to come." Rep. George: Corbett Marcellus Plan Is A Flawed Sweetheart Deal Rep. Camille Bud George (D-Clearfield) said Gov. Tom Corbetts proposal for an impact fee on Marcellus wells comes up woefully inadequate in addressing the impacts or protecting the waters of the Commonwealth or the people affected by industrial gas drilling. The governor has made it perfectly clear that he is a friend to the gas industry, said Rep. George, Minority Chair of the House Environmental Resources and Energy Committee. I join the governor in wanting to create jobs. However my top priority and responsibility is clean water and not coddling an industry.

Rep. George said the taxes and environmental regulations proposed by Gov. Corbett were inadequate and inefficient at best compared to his House Bill 1800, the ProtectPA legislation. As I compare House Bill 1800 to the governors, I cant help but feel that mine is based upon the desire to preserve our environment, and Gov. Corbetts is based upon rewarding an industry that donated $1.6 million to his gubernatorial campaign. Rep. George pointed out glaring differences to his House Bill1800 and the governors proposal: -- Increased setbacks from private water wells: Corbett, 500 feet vs. House Bill 1800, 1,500 feet; -- Increased setbacks from public water supplies: Corbett, 1,000 feet vs. House Bill 1800, 2,500 feet; -- Increased bonding for wells: Corbett, maximum $10,000 vs. House Bill 1800, starting amount $12,500; -- Civil penalties for violations: Corbett, maximum $50,000 plus $2,000 daily fines vs. House Bill 1800, maximum $100,000 plus $10,500 daily fines. Rep. George said other problems with the Corbett proposal were not only what was in the package, but what was omitted. My ProtectPA bill calls for a two-year moratorium on the additional leasing of state forest lands for Marcellus drilling, Rep. George said. Former DCNR Secretary John Quigley has said that any remaining unleased forest land is of a pristine nature that should not be compromised, and I join Secretary Quigley in that assessment. Unfortunately, the governor fails to do the same. Rep. George also said that the governors county option impact fee would fail to properly address the areas affected by industrial gas drilling. His proposal leaves many environmental programs unfunded or underfunded, and takes the wrong approach at repairing our deteriorating roads and bridges, Rep. George said. Gov. Corbetts impact fee, based on a flat per-well assessment, would generate a maximum of $160,000 per well over 10 years. Rep. Georges severance tax is based on the market value of the gas at the wellhead and would produce revenue as long as the well is producing substantive quantities of gas. A volume-based tax is the way to go, Rep. George said. The per-well fee with a 30 percent discount offered to drillers setting up natural gas fueling stations is the epitome of a sweetheart deal and is yet another tax loophole for industrial gas drillers. Under the governors projections, $120 million in revenue would be generated the first year and $200 million within six years, and most would be sent to local governments by letting the counties collect the fees. Rep. Georges proposal would generate $343 million the first year and $483 million the year after and revenues would be distributed among the counties and municipalities by the state. As many as 54 different counties could opt to collect the paltry fees sought by the governor, Rep. George said. The gas industry already has filed lawsuits against at least two counties. While the governor sees wisdom in offering concerted or coordinated safety-training programs through PEMA, he wants an impact fee that could be collected by 54 different entities. Like Gov. Corbetts proposal, House Bill 1800 gives the largest allocation of revenue generated to local governments, with no unrestricted revenue to the General Fund. Unlike the

ProtectPA bill, Governor Corbett gives no money to important environmental programs, such as Growing Greener. Under my proposal, Growing Greener would receive over $50 million the first year and more than $70 million after that, Rep. George said. Under the governor, the already hemorrhaged Environmental Stewardship Fund Growing Greener would get nothing. Rep. George noted that the Commonwealth must fund projects to fix the deteriorating roads and bridges across the state, but not through additional leasing of forest lands. House Bill 1800 provides money to PennDOT specifically for road repairs related to Marcellus gas drilling. The impacts of industrial drilling are felt statewide, Rep. George said. If we dont examine this issue at the macro level as much as the micro level, I fear we may fail to see the forest for the trees. Marcellus Industry: Governor's Proposal Builds On Drilling Momentum Responding to Gov. Tom Corbetts Marcellus Shale policy recommendations released Monday at an event in Pittsburgh, Marcellus Shale Coalition president and executive director Kathryn Z. Klaber issued the followed statement: Pennsylvanians are realizing the countless benefits more affordable energy costs, environmental advantages of increased natural gas use, economic revival of so many communities tied to responsible natural gas development, and Gov. Corbetts plan announced today should build upon this momentum, in all corners of the Commonwealth, for years to come. The northeastern United States, and specifically Pennsylvania, is poised to lead the nation in natural gas production because we have responsibly embraced this historic opportunity. The challenge now is to build upon the positive progress weve made. The governors plan and its foundation that energy equals jobs reminds us that the most significant and long-term benefits of clean-burning natural gas will be achieved only through competitive policies that allow the industry to flourish in the Commonwealth and relentlessly protect our shared environment. We look forward to reviewing the details of this proposal and remaining engaged with policymakers and other key stakeholders in the weeks and months ahead.

Analysis
Will We Get A Chevy Or A Pinto Out Of The Upcoming Marcellus Shale Debate? With the announcement of Gov. Corbett's proposals this week to set tougher environmental standards for Marcellus Shale drilling operations and a county-adopted well drilling fee, the debate is now fully joined with all sides saying they want final legislation on the Governor's desk by the time the House and Senate adjourns on December 14. The Governor said he agreed with his Marcellus Shale Advisory Commission that fundamental changes were needed to better protect the environment from drilling. Among them-- Increasing the well setback distance from private water wells from the current 200 feet to 500 feet, and to 1,000 feet from public water systems;

-- Increasing the setback distance for wells near streams, rivers, ponds and other bodies of water from 100 feet to 300 feet; -- Increasing well bonding from $2,000 up to $10,000; -- Increasing blanket well bonds from $25,000 up to $250,000; -- Expanding an unconventional gas operators presumed liability for impairing water quality from 1,000 feet to 2,500 feet from a gas well, and extending the duration of presumed liability from 6 months after well completion to 12 months; -- Enabling DEP to take quicker action to revoke or withhold permits for operators who consistently violate rules; -- Doubling penalties for civil violations from $25,000 to $50,000; and -- Doubling daily penalties from $1,000 a day to $2,000 a day. These are changes members of the House and Senate have been proposing and discussing for the last three or four years, so the debate here will probably not be quite as contentious as the debate over the drilling fee. Drilling Fees The Governor's drilling fee proposal would have county commissioners in each of the 39 counties with Marcellus and Utica natural gas shales determine whether or not to adopt a fee, the amount of the fee (up to $40,000 per well the first year) and how 75 percent of the fee revenues will be spent. The proposal raises a lot of questions that hopefully will be answered when the actual legislative language becomes available and the debate starts in the General Assembly. 1. Should There Be a Single, Simple Uniform Drilling Fee in Pennsylvania? Industry, Gov. Corbett and many others in other contexts have argued the Marcellus Shale industry needs uniform enforcement of regulations and standards across the state to prevent a patchwork of rules, conflicting interpretations and convoluted actions. Every one of the dozen or so other drilling fee or tax proposals sponsored by Republicans and Democrats over the last three years have all established a single, uniform tax or fee. This proposal does not. There is absolutely no doubt the Governor's proposal will lead to a patchwork of a dozen- or 39-- different levels of fees, exclusions and spending plans. Many counties in-fact may decline to adopt any fees at all, including potentially the counties with the most drilling activity. The County Commissioners Association of PA Thursday expressed "strong reservations" about the counties adopting the fee because of the inconsistencies it would create and the duplication of fee administration among the 39 counties involved. Lobbying by industry in each of the 39 counties where they provide significant job opportunities and economic benefits and having townships and boroughs dependent on county commissioners for funding sets up an interesting political dynamic for the three county commissioners serving each of these counties. 2. Should a Marcellus Shale Drilling Fee Generate a Predictable Stream of Revenue? Leaving the decision on whether or not to adopt a fee and in what amounts to each of the 39 Marcellus Shale counties means there is no way to reliably estimate the revenue this proposal would generate, if any, for counties or the state agencies that would depend on this funding.

It could be zero or it could be $195 million as the Governor estimates in six years, but there will be no way to tell for some time as counties consider a fee over 6 or 12 or 18 months or never after this proposal is signed into law. 3. Should DEP's Oil and Gas Regulatory Program Depend on County-Adopted Fees? Part of the proposal would give the Department of Environmental Protection 10.5 percent-- up to or $10 million-- of the county-adopted fees to fund its Oil and Gas Regulatory Program and to plug abandoned oil and gas wells. Right now DEP's regulatory program-- permit reviews, inspections and enforcement-- is funded by permit application fees which were raised significantly to expand the program to meet the demands of Marcellus well drilling. To fund an expansion of the program, and every indication is it will have to be expanded soon, DEP would have to hope a sufficient number of counties adopt a well fee in a significant amount so they have the funds to regulate the industry if they rely on the county fees for the expansion. No other state environmental programs, or any other state programs period, rely on the uncertainty of whether counties or local governments will adopt fees and send them in to support them. 4. Should a Drilling Fee Support Statewide Environmental Restoration Programs? The proposal would allocate no funding for the award-winning, communitybased Growing Greener Program or any other statewide environmental restoration programs. The proposal would allow counties, if they adopt the fee, to spend monies on wastewater, stormwater and drinking water systems and reclaiming surface and subsurface water supplies. Although the proposal would also help fund state abandoned oil and gas wells plugging efforts, the proposal does nothing to address the most significant threats to water quality in Pennsylvania-- reclaiming abandoned mines and helping farmers reduce nutrient runoff, according to DEP. A Quinnipiac University poll in May found an overwhelming 87 percent of those surveyed supported dedicating a significant portion of a Marcellus tax to conservation programs to protect land, water and wildlife. This is an unheard of level of public support. 5. Should a Drilling Fee Support County Conservation Districts? The proposal would allow counties, if they adopt the fee in a significant enough amount, to provide funding to conservation districts for inspection and oversight of natural gas development. The only problem is DEP, during the Rendell Administration, took away the authority for conservation districts to inspect, provide oversight and review permits related to natural gas development. Counties have consistently opposed this action by DEP. One recommendation in the Marcellus Commission report does hint at possible changes, but only "under DEP guidance and consistent with applicable permit conditions." Nothing was mentioned in the outline of Gov. Corbett's proposal so far would make any changes in the role of the conservation districts. Here's the language from the report:

9.1.17: Develop and provide planning tools and educational opportunities relating to unconventional natural gas development to counties; require proper notice of permit applications with an opportunity to comment (similar to notice for host and adjoining municipalities); and, under DEP guidance and consistent with applicable permit conditions, allow for County Conservation Districts to engage in inspections of erosion and sedimentation controls at unconventional well sites, if they choose to do so. (page 105) 6. Does Anyone Care if a Fee Or Tax is Imposed on Marcellus Drilling? Gov. Corbett made a pledge during his campaign not to raise taxes. The arbitrator he uses to determine whether he meets that pledge is Grover Norquist, an un-elected, antigovernment, Washington D.C.-based lobbyist. Norquist was quoted this week as saying the Governor's county fee proposal meets his no tax increase pledge because counties would impose the fee and it would not be implemented statewide. The question is, does anyone else care? Capitolwire.com quoted Sen. Joe Scarnati (R-Jefferson), who has sponsored his own drilling fee proposal as saying, "he does not work for Norquist or his policy guidelines: I work for the taxpayers of the 25th District....that was my understanding after the last election. I will continue to work to represent them in Harrisburg." Sen. Scarnati tangled with Norquist in May when his own proposal-- Senate Bill 1100-was introduced. He said Norquist was spreading inaccurate information about his drilling fee. But what does the public say? Just last week a Quinnipiac University poll found 64 percent of voters supported a Marcellus Shale drilling fee. In September a Franklin & Marshall Poll found 65 percent of adults in Pennsylvania support a tax/fee on Marcellus Shale drilling. In August a Quinnipiac University poll found 63 percent of voters support a drilling tax. In May a Quinnipiac University poll found 69 percent supported a drilling tax. In March a Franklin & Marshall Poll found 62 percent of voters support a Marcellus Shale tax. In March a Susquehanna Polling survey found 70 percent of those polled supported a drilling tax. In January a Susquehanna Polling survey found 63 percent support a tax on natural gas drilling. In March 2010, a Quinnipiac University poll found 49 percent of those surveyed said they support a Marcellus Shale drilling tax. You get the idea. The public overwhelmingly supports a tax or fee and that support has been increasing in numbers that are only rarely, if ever, is seen in opinion polls. Apparently, the public-- voters-- don't care. They want it. Even the Counties' Association says they have "strong reservations" about the proposal. Unfortunately, Grover Norquist doesn't. The answers to these and other questions will determine whether we get a Marcellus Shale drilling fee program that is a Pinto or a Chevy (no one is expecting a Cadillac). Will fees on the trillion dollar Marcellus Shale natural gas industry give real support to communities and state and local environmental restoration programs or not?

Whatever is decided by the General Assembly and the Governor before December 14, we will likely be stuck with for years, maybe decades, because no one will want to tackle the fee issue again anytime soon. After all, it's only been eight years since the first Marcellus Shale well was drilled in Pennsylvania and our "modern" Oil and Gas Act was passed in 1984. Everyone keeps saying we need to do things right with Marcellus Shale. It's even more true with a drilling fee. Did You Know You Can Search 7 Years Of Digests On Any Topic? Did you know you can search 7 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-Twitter Instant Updates: On Twitter, sign up to receive instant updates from : PAEnviroDigest. PA Environment Daily: 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 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. Senate/House Agenda/Session Schedule/Bills Introduced Here are the Senate and House Calendars and Committee meetings showing bills of interest as well as a list of new environmental bills introduced-Session Schedule Here is the latest voting session schedule for the Senate and House-Senate October 17, 18, 19, 24, 25, 26, 31 November 1, 14, 15, 16 December 5, 6, 7, 12, 13, 14

House October 17, 18, 19, 24, 25, 26, 31 November 1, 2, 14, 15, 16, 21, 22, 23 December 5, 6, 7, 12, 13, 14 Bill Calendars House (October 17): Senate Bill 303 (MJ White-R-Venango) providing for the disposition of fines under the Hazardous Sites Cleanup Act; Senate Bill 304 (MJ White-R-Venango) requiring the posting of the state air quality implementation plan on the Internet; House Resolution 70 (Harhart-R-Lehigh) requesting the Department of Transportation to study the potential use of quarry and other mining waste in highway and civil engineering projects. <> Click Here for full House Bill Calendar. Senate (October 17): Senate Bill 367 (D.White-R-Indiana) providing for the leasing of mineral rights on other state lands and those owned by the State System of Higher Education; House Bill 1054 (Mustio-R-Allegheny) further providing for the licensing of engineers, land surveyors and geologists. <> Click Here for full Senate Bill Calendar. Committees House: the House Democratic Policy Committee holds a hearing on Marcellus Shale air quality issues at Delaware County Community College. <> Click Here for full House Committee Schedule. Senate: <> Click Here for full Senate Committee Schedule. Other: the Forestry Task Force, Joint Legislative Air and Water Pollution Control and Conservation Committee in State College. Bills Introduced The following bills of interest were introduced this week-Local Regulation Of Drilling: House Bill 13 (Hutchinson-R-Venango) amending the Oil and Gas Act providing for the state to supercede local regulation of drilling in the Allegheny National Forest. Fracking Fluids: House Bill 24 (Everett-R-Lycoming) require full public disclosure of the chemical composition of the fluid used to hydro-fracture the shale in the production of Marcellus natural gas. Well Pad Standards: House Bill 29 (F.Keller-R-Snyder) requiring the Environmental Quality Board to set gas well pad construction standards.

Gas Well Drilling Standards: House Bill 1887 (Baker-R-Tioga) setting additional environmental and location standards for Marcellus Shale wells, increasing penalties, authorizing an alternative to bonding and requiring the posting of certain well information. Flood-Damaged Highway Capital Budget: Senate Bill 1268 (Gordner-R-Columbia) providing for the itemization of flood-damaged highways Capital Budget, Senate Bill 1269 (Yaw-RBradford) providing for adoption of capital projects for flood damaged highways and flood mitigation projects Regulatory Impacts: Senate Bill 1273 (McIlhinney-R-Bucks) requiring the review of regulations for their impact on small businesses and granting pre-enforcement review of regulations by small businesses aggrieved parties (companion to House Bill 1349 which just passed the House). Alternative Energy Portfolio: Senate Bill 1283 (Argall-R-Schuylkill) further providing for energy credit contracts under the Alternative Energy Portfolio Standards Act.

Senate/House Bills Moving


The following bills of interest saw action this week in the House and Senate-House DSIC Infrastructure Charge: House Bill 1294 (Godshall-R-Montgomery) providing for a distribution system improvement charge (DSIC) for natural gas, wastewater and other utility distribution line repairs was the subject of extensive debate and amendment activity on the House Floor on Second Consideration, was referred into and out of the House Appropriations Committee and passed by the House. The bill now goes to the Senate for consideration. Regulatory Impacts: House Bill 1349 (Pickett-R-Susquehanna) requiring the review of regulations for their impact on small businesses and granting pre-enforcement review of regulations by small businesses aggrieved parties was referred into and out of the House Appropriations Committee and passed by the House. The bill now goes to the Senate for consideration.

News From The Capitol


Groups Laud Reps. DiGirolamo-Murt Drilling Tax Proposal Organizations representing environmental issues, labor unions, the drug and alcohol treatment community, domestic violence prevention, Christian advocacy, fair housing efforts, adults with special needs and good government came together Tuesday at a Capitol press conference to urge action on legislation to enact a drilling tax in the Marcellus Shale natural gas formation.

The legislation is being sponsored by Reps. Gene DiGirolamo (R-Bucks) and Tom Murt (R-Montgomery) as a fair way to ensure natural gas drilling companies are paying their fair share, compared to other industries in Pennsylvania, and provide financial support to areas in the state budget that have taken drastic funding reductions in recent years. Among the organizations speaking at Tuesdays press conference included: Citizens for Pennsylvanias Future, United Methodist Advocacy in Pennsylvania, Drug and Alcohol Service Providers Organization of Pennsylvania, Pennsylvania Coalition Against Domestic Violence, Pennsylvania Housing Alliance, the Coalition for Labor Engagement, Accountable Revenues (CLEAR Coalition), Education Voters of Pennsylvania, Pennsylvania Budget and Policy Center, and the Waiting List Campaign, a group that advocates for adults with special needs. The coalition that is forming behind our drilling tax plan represents a diverse spectrum of groups the one common thread of these organization is their mission to help Pennsylvanians in need or to get our economy back on track. They all have a critical stake in this issue, Rep. DiGirolamo said. When developing this legislation, we knew that the plan we put together had to reflect a compromise with both the industry and to win over our colleagues with its commonsense structure. I thank these organizations for speaking out about this legislation, and I think that with their backing and encouragement, this is a drilling tax proposal that can advance into law. I believe that the bill I have co-sponsored with Representative DiGirolamo will bring fairness to a system that has been operating without contributing to the real needs of our state, Rep. Murt said. The lawmakers and representatives of the various stakeholder groups present at todays press conference emphasized that Pennsylvania is the only major natural gas-producing state in the nation that does not have a tax or fee levied on natural gas extraction. Most Pennsylvanians support a tax, which would represent a very small fraction of the profits the natural gas drilling companies are reaping. In addition, every Pennsylvanian is impacted by natural gas drilling, and therefore, the entire Commonwealth should benefit from the tax. The tax -- to be set at 4.9 percent -- is estimated to generate $362 million during the 2012-13 fiscal year and rise to $562 million annually within five years. This rate is lower than neighboring West Virginia, where the industry is also thriving. The tax revenue would be broken down into three areas: 28 percent to local governments; 28 percent to environmental programs; and 44 percent to state government. Those programs that would be targeted to receive revenue would include statewide environmental programs, hazardous site cleanup programs, local municipalities (those that both host drilling sites and others), affordable housing, conservation districts, education, job training, transportation infrastructure and human services. The lawmakers also noted their proposal meets the following criteria: its fair and reasonable to the industry; it will sustain the growth of the industry and be comparable to rates in other states; it assists host communities and helps with job creation, social and environmental costs and impacts; it makes long-term investments in natural resources and environmental programs, along with the economy and human capital; it strengthens the Commonwealths safety net for times of need; and it makes sure every citizen can benefit from development in the Marcellus Shale. The lawmakers are currently in the process of seeking co-sponsors for the bill.

NewsClip: Two GOP Legislators Make Push For Natural Gas Tax Senate Committee Hearing On Housing Needs, Affordability Due To Marcellus Industry The Senate Urban Affairs and Housing Committee Tuesday heard testimony on the lack of affordable housing stock in Lycoming County due primarily by the influx of workers caused by the Marcellus Shale drilling industry, according to Majority Committee Chair, Sen. Gene Yaw (R-Lycoming). The Committee heard from county housing officials and other participants on the need for more safe, affordable housing options in the County. "As companies locate here, the growth is creating a huge demand for housing that we need to address, particularly in the area of rental housing," said Sen. Yaw. "This issue has been further compounded by the recent flooding that has forced existing renters and homeowners out of their homes." According to Lycoming County United Way Executive Director Scott Lowery, "the growing negative housing impact being felt in Lycoming County can be gleaned from the results of our past two Community Needs Assessment surveys. The 2005 survey ranked concerns regarding homelessness 22nd among 36 identified needs. In 2009, homelessness ranked 9th, the single biggest jump of all areas calculated." "Although the average rent in Lycoming County changed very little, there were significant changes in the number of rental units at different price ranges," said Barry Denk, Director of the Center for Rural Pennsylvania, a bipartisan bicameral legislative research agency based in Harrisburg. "In 2005, 40 percent of the rental units had a monthly gross rent of less than $500. By 2010, less than 22 percent of the rental units were available at this range," Denk added. Early next year, the Center will begin a longitudinal research study to document the economic and community impacts, including housing, of the Marcellus Shale development in Lycoming, Bradford, Greene and Washington counties. The Committee also heard testimony from Colby Fuser, Operations Manager for Halliburton, a Muncy-based company. "Halliburton promotes a work-life balance for its people, and we know that a happy home is always beneficial to our employees. That's why we take great concern in making sure that the process our employees go through when they are purchasing a home is a good one. Making sure employees can find a quality home that is reasonably priced, rather than overinflated due to the growth of the industry, is important to the long-term sustainability of Halliburton and the community at large in Lycoming County." The hearing is one in a series on housing held throughout the Northern Tier by the Senate Urban Affairs and Housing Committee. Copies of comments presented and a video of the hearing are available on the Committee's webpage. Sen. James Brewster (D-Allegheny) serves as Minority Chair of the Committee. Rep. Everett: Bill Will Address Frack Fluid Disclosure Concerns

In response to concerns voiced by many Commonwealth residents about the chemical makeup of fracking fluids used by well drillers, Rep. Garth Everett (R-Lycoming) Wednesday introduced House Bill 24 to require full public disclosure of the chemical composition of the fluid used to hydro-fracture the shale in the production of Marcellus natural gas. "The use of water-based fracturing during the natural gas drilling process has caused concerns among many, not only in Pennsylvania, but also in other states where this process takes place," said Rep. Everett. "This legislation will give the public detailed knowledge of the chemicals being used and the density or percentage so that everyone can be better educated on the contents of the water used to "frack" these Marcellus wells. This, to me, is an obvious part of having the openness and transparency necessary to help all Pennsylvanians and our neighbors better understand and be more comfortable with the hydro-fracturing process." The forthcoming bill will require a well operator that uses the hydraulic fracturing process to register its frack water treatment information on the Groundwater Protection Council and Interstate Oil and Gas Compact Commission's website and provide the information to the Department of Environmental Protection to be posted on the department's website. "Throughout the course of the Marcellus Shale development, water quality has been a prime area of concern that I have consistently heard from both the general public and environmental groups," said Rep. Everett. "The full disclosure of this information is good not only for our residents, but for the industry as well. In the end, this public and full disclosure will reassure people that we know what is in this fracking fluid and that these chemicals are being used in concentrations that are not harmful to the environment. I believe this is a good piece of legislation for all concerned. "A number of the gas developers are already voluntarily disclosing this information to the public and developers always have been required to provide the information to DEP," said Rep. Everett. "However, this legislation will require DEP to make this information available to the public and will apply to all companies doing hydro-fracturing." Rep. Everett said generally, fracturing fluids are comprised of greater than 99.5 percent water and sand with less than 0.5 percent comprised of other chemicals. The sand is used to hold the fractures open when the pressure is decreased after the hydro-fracturing process is complete and the chemicals used include: a friction reducer which makes the water "slippery" and reduces the amount of friction in the pumping water, thereby allowing the water to be pumped at the pressure and volume required to cause the proper fracture size; a scale inhibitor which prevents mineral buildup; a biocide kills any bacteria collected in the water prior to pumping; and a mild acid that prepares the stimulated area of the shale to accept the fracturing treatment. "None of these chemicals are by themselves or when combined considered 'hazardous,' and many, if not all of them, are contained in household cleaning and disinfectant products commonly used in our homes," added Rep. Everett. "It is my hope that the disclosure of the chemical composition of the water used in the hydro-fracturing process will allay the concerns of many people and allow us to move on and address other really important Marcellus-related concerns." NewsClip: Republican Wants To Improve Fracking Fluid Disclosure House Sends Infrastructure Improvement Funding Bill To Senate

The House Tuesday passed legislation-- House Bill 1294 (Godshall-R-Montgomery)-- aimed at improving the state's aging water and sewer infrastructure without taxpayer dollars, Majority Leader Mike Turzai (R-Allegheny County) said. The legislation will encourage public utilities to update their infrastructure through a distribution system improvement charge (DSIC) for natural gas, wastewater and other utility distribution line repairs. "This legislation is good news for utilities and rate payers who will benefit from more modern and efficient operations," said Rep. Godshall. "The work required for the infrastructure upgrades will also create thousands of new jobs across the Commonwealth at a time when unemployment is at 8.2 percent and 512,000 Pennsylvanians are unemployed." Pennsylvania's aging infrastructure has been a top concern of the General Assembly and Pennsylvania residents. This legislation, if passed by the Senate and signed by the governor, would make it easier for utilities to make needed repairs or upgrades and enables them to recover the costs as they do so. "After years of neglect, we are finally enabling much needed upgrades which in turn, will create thousands of jobs throughout Pennsylvania," Rep. Turzai said. "This legislation will benefit utilities, consumers and employers with more modern and efficient operations." The bill will permit utilities, subject to Public Utility Commission approval, to gradually recover infrastructure investment costs from consumers, rather than impose large increases in customer bills following general rate cases. House Bill 1294 bill gives the PUC authority to approve, reject or modify alternative rate recovery plans proposed by utilities as a means of recovering capital investments related to infrastructure improvements. It also enables utilities that provide both water and wastewater services to charge consolidated rates. House Bill 1294 will extend the time between PUC base rate case proceedings, saving taxpayers millions of dollars in the cost of litigating rate cases. House Bill 1294 passed the House by a vote of 187-17. The measure now goes to the Senate for consideration. House Passes Bill To Give Small Business A Bigger Voice In Regulations Rep. Tina Pickett (R-Bradford) Wednesday secured House approval of legislation that seeks to give small businesses a seat at the table when it comes to advancing state regulations. Rep. Pickett's House Bill 1349 ensures that small business advocates be contacted whenever new state regulations are proposed. This allows the small business community to have input into the proposed regulations and communicate to state regulators about any potential negative impacts. "Small business owners don't have the time or resources to track every state regulation and attend every public meeting or hearing, and may not even know a new regulation is in place until it's enforced," said Rep. Pickett, a former small business owner. "This legislation simply requires that when regulations are proposed, the small business community is contacted and allowed to offer its input." The overall intent of House Bill 1349 is to help the private sector create jobs by considering the impact proposed regulations have on small businesses. If a negative impact

exists, the state agencies would be required to offer alternative requirements to meet the intent of the regulation. "Time and time again, small business owners and economic development experts have told us that overly burdensome and often duplicative regulations have cost them both time and money," Rep. Pickett said. "This is likely preventing them from expanding their business or hiring more workers." Rep. Pickett, who has sponsored similar legislation in the past, said that cost of regulations to a small business is about 60 percent more than the cost to a large employer. Small businesses are often defined as those employing less than 100 people but this legislation would follow federal definitions of small businesses. In Pennsylvania, that includes nearly half of the private-sector workforce. "This legislation, in no way, relaxes the intent of the regulations, especially those dealing with public health and safety," she said. "Instead, a business may be given more flexibility in meeting paperwork deadlines or submitting documents through an alternative." Under House Bill 1349, agencies must inform the Independent Regulatory Review Commission of the following when submitting regulatory proposals: -- The type of small business that would be affected by the proposed regulation; -- Any financial, economic or social impacts on small businesses; -- An economic impact statement to include estimated number of small businesses affected; cost of compliance to the regulation; probable effect on impacted small businesses; and a description of any less intrusive or less costly alternative; and -- Alternatives to small businesses that would still achieve the effect of the proposed regulation. The measure now goes to the Senate for consideration. A similar bill-- Senate Bill 1273 (McIlhinney-R-Bucks)-- was introduced in the Senate this week.

News From Around The State


Ohio River Watershed Celebration Attracts Nearly 1,000, Recognizes Partnerships The 2011 Ohio River Watershed Celebration was held on September 22 attracting nearly 1,000 attendees who toured the regions three rivers and discussed past, present and future goals and successes in protecting and improving Western Pennsylvanias Ohio River watershed. The celebration, a free event and open to the public, will take place on board two Gateway Clipper Fleet boats. Representatives from business, industry, grassroots watershed groups, foundations, colleges, universities, scientific societies, non-profits, and local, state and federal government will attend. The cruise will feature more than thirty displays from these organizations, providing an opportunity to discuss their contributions to conserving energy and protecting the environment. Recognizing Partnerships Awards were presented to organizations and individuals recognizing them for their exemplary efforts to restore and promoting our regions streams and rivers as a valuable resource. The awards were presented to Joan Jessen, the Allegheny Land Trust, Monoca Borough and Michael Baker, Jr. Inc.

Here are the details on each award winner: Individual Joan Jessen: Joan Jessen holds a B. S. in Chemistry degree from Mary Washington College of the University of Virginia and worked as a chemist for several years. She is a volunteer monitor for the Chartiers Creek Watershed Association, treasurer of the Washington County Watershed Alliance, and editor of ChCWA and Alliance newsletters. Other volunteer experience: Project Manager for the Upper Chartiers Creek River Conservation Plan, several terms on the Peters Township and Washington County Planning Commissions, past-president and currently First Vice-president of the League of Women Voters of Washington County. She has also managed PR and video editing work for the League of Women Voters of Washington County and served as a director and vice-president of the League of Women Voters of Pennsylvania. She is a member of Westminster Presbyterian Church in Upper St. Clair, where she is an ordained elder. Non- Profit- Allegheny Land Trust: Allegheny Land Trust is an organization formed in 1993 to protect land of natural value in and adjacent to Allegheny County. Allegheny Land Trusts mission is to serve as the lead land trust conserving and stewarding lands that support the scenic, recreational and environmental well-being of communities in Allegheny County and its environs. To date, ALT has protected more than 1,500 acres in Allegheny and Washington Counties. ALTs conservation efforts are guided by the ALT GREENPRINT, which is a map of regional conservation targets identifying lands that contain three primary criteria biodiversity, unique scenic character and water quality and stormwater management functions. The ALT GREENPRINT ensures that ALT protects lands providing the greatest public benefit-per-acre. Implementation of the ALT GREENPRINT has led to the conservation of lands in the Chartiers and Pine Creek Watersheds that provide stormwater management, reduce the impacts of flooding and improve water quality. Notably, ALTs Winfield Pines Conservation Area located in the Chartiers Creek Watershed has one of 8 untreated Abandoned Mine Drainage sites along Chartiers Creek. Allegheny Land Trust and its partners built a passive AMD treatment system to mitigate over 43 tons of iron oxide that was flowing into Chartiers Creek. ALT continues its efforts to conserve lands within watersheds that will manage water quantity and improve water quality. Local & Government Monaca Borough Mario Leone Borough Manger: Monaca Borough to receive an award recognizing them as being an exemplary local government making an effort to restore our regions rivers as a valuable resource. To receive this award will be the Borough Manager Mario Leone Jr. and Council President Norm Ely. Some of the accomplishments of Monaca Borough include: -- In October, it won one of 23 $150,000 U.S. Environmental Protection Agency pilot grants for remediation and conversion of brownfields, the only winner in the state. -- As a result, Monaca, Midland, Aliquippa and Coraopolis will begin planning with the Ohio River Trail Initiative, a bike and pedestrian path from Monaca Meanwhile, Monaca has been busily upgrading its infrastructure.

-- Energy audits by Johnson Controls "educated me on our energy performance," he said. "We changed all the ballasts in our lighting, our heating and air conditioning and in some buildings changed windows, doors, garage doors." -- A new waterline monitoring and metering system that cost $1.5 million is guaranteed by Johnson Controls to save the borough $2.6 million over the next 15 years. The new water meters are on WiFi, read by an antenna on the tank. -- For $4.5 million, 17,000 feet of waterlines have been replaced and an elevated water tank is being built. -- Instead of having to pump water 24/7 to maintain pressure, water will be pumped up to the elevated tank at night. Gravity will take care of the rest. Industry Michael Baker Jr., Inc.: They have also nominated Michael Baker Jr., Inc. with an outstanding Project Award for the design of the Rain Garden in Moon Twp. Michael Baker Jr., Inc. has designed three rain gardens this summer in the area between Moon Township's Municipal and Public Safety buildings giving it a new environmentally friendly face-lift. Moon Township officials have installed a rain garden at 1000 Beaver Grade Road and the Audubon Society of Western Pennsylvania and Pennsylvania Department of Environmental Protection awarded the township a $90,000 grant for the project. The garden features the township's new 9/11 memorial, which is rafted from a piece of steel from the World Trade Center. The new rain gardens consists of three 20-by-60-foot landscaped islands and will absorb rainwater runoff from the buildings' parking lots, allowing it to filtrate through plants and into the ground. To receive the award for Michael Baker will be the designer Mal Petroccia and Sandie Egley, Manager of Business Development. The organizations that volunteer their time in addition to the USACE to educate the public and sponsor the event include Michael Baker Jr., Inc., Department of Environmental Protection, the Department of Conservation of Natural Resources, CONSOL, PA American Water, Stream Restoration Inc., the Western Pennsylvania Coalition for Abandoned Mine Reclamation, the Society for Analytical Chemists of Pittsburgh, and many others. Sponsors of the event include: CONSOL Energy (Prime Sponsor); American Waterworks Association; Anonymous; Bankson Engineers; Connections Academy, LLC; Michael Baker Jr., Inc.; BioMost, Inc.; Foundation for Pennsylvania Watersheds; HARSCO; David E. Hess, PA Environment Digest; Dept. Conservation & Natural Resources; DEP Environmental Education Grant; Fish & Boat Commission; Pennsylvania American Water; Peoples Natural Gas; PlasTie LLC; Port of Pittsburgh Commission; Spectroscopy Society of Pittsburgh; Society for Analytical Chemistry of Pittsburgh; Stream Restoration Inc.; Three Rivers Regatta; W.K. Merriman Inc.; and West View Water Authority. New Report Shows Green Infrastructure Could Generate 167,000 Jobs In PA American Rivers and Green For All have released a new report outlining the economic benefits of green water infrastructure demonstrating 167,000 jobs could be generated in Pennsylvania by installing green infrastructure.

The report, Water Works, shows how meeting the needs for investment in water infrastructure, infrastructure that mimics natural solutions, in our communities can foster economic activity, create jobs and improve water quality. The report estimates that as many as 167,000 jobs could be created just by meeting the existing demand for water infrastructure projects in Pennsylvania alone. Nationwide, millions of jobs could be created. The decline in Americas water infrastructure has led to a host of associated economic, health and environmental costs. The report claims that new investments in infrastructure must ensure the highest return possible and provide a multitude of benefits to our communities. While there still is a need for some traditional infrastructure, strategic investment will increasingly utilize green techniques to reduce costs and provide associated environmental benefits. The report focuses on the need to invest in a more sustainable stormwater management system. It explores the numbers and types of jobs created by smart investments in stormwater management, including combined sewer overflow (CSO) correction and pipe repair and replacement. The report also focuses on investments in green infrastructureinfrastructure that mimics natural solutionsto clean our waters and strengthen our communities. Managing stormwater and ensuring adequate wastewater treatment are essential to our nations environmental and health goals. Additionally, making these investments strategically will catalyze economic growth, develop local industries, and create jobs for workers who have borne the brunt of the Great Recession. The report offers three criteria to ensure a sustainable water future: investments must (1) create accessible and quality jobs; (2) maximize environmental gain; and (3) use financing that is stable, fair, and scalable. Green infrastructure (GI) works to restore, preserve, or mimic natural hydrological systems. It utilizes the ability of natural systems to soak up water and filter out pollutants. Green infrastructure techniques include using permeable pavements to let the ground absorb more stormwater, using trees and green roofs to store water or convert it to vapor, and capturing rainwater in cisterns and barrels for later use, urban tree planing, rain gardens, bioswales, constructed wetlands and greenways or green alleys. A copy of the report is available online. Town Meeting On The Health Of The Wissahickon Creek On November 16 The Wissahickon Valley Watershed Association and Chestnut Hill College, with support from the Friends of the Wissahickon, are sponsoring a Town Meeting on November 16 to inform the community about significant environmental challenges to the Wissahickon Creek, in Montgomery County. A Creek in Crisis: A Town Meeting on the Health of the Wissahickon Creek will examine the numerous threats to the Wissahickon, including diminishing water quantity, stormwater runoff, impaired water quality, and flooding that severely impact the health of the Wissahickon Creek and its tributaries. The impact of the Wissahickon Creek on the lives of those living in the Wissahickon Watershed is absolute. Though the Wissahickon Creek has a humble beginning in the parking lot

at Montgomery Mall, it continues through nine municipalities to the confluence of the Schuylkill River in Philadelphia. It is a significant waterway providing approximately 10 percent of the drinking water to Philadelphians as well as habitat for local wildlife and recreation and natural beauty for area residents. Moderated by Patrick Starr, Vice President Pennsylvania Environmental Council Southeast Regional Office, the Town Meeting will feature a panel of environmental experts who will examine the numerous threats to the Wissahickon. Panelists will be: Carol R. Collier, Executive Director of the Delaware River Basin Commission; John K. Jackson, Ph.D, Senior Research Scientist at the Stroud Water Research Center; and Chris Crockett, Deputy Commissioner at the Philadelphia Water Department. A Creek in Crisis will be held on the campus of Chestnut Hill College at Sugarloaf, 9230 Germantown Ave, Philadelphia. The Town Meeting will begin at 7 p.m.; doors will open at 6:30 p.m. and light refreshments will be provided. To register or for more information, visit A Creek in Crisis webpage. Renew Growing Greener: 9 More Organizations, Local Governments Join Coalition The Renew Growing Greener Coalition Friday announced eight more organizations and municipalities have joined in supporting the effort to restore state funding for Growing Greener, including Allegheny County. Yellow Breeches Watershed Association (Grantham) and Watershed Alliance of Adams County (Gettysburg) have signed the Coalitions Statement of Support, which calls for the establishment of a dedicated and sustainable source of revenue to support the renewal of Growing Greener. "County elected leaders across the Commonwealth rightly recognize the critical impact Growing Greener has on the quality of life in their communities," said Andrew Heath, executive director of the Renew Growing Greener Coalition. "Now it is time for our legislators to heed the public and restore funding for this award winning program so that future generations have access to clean drinking water, fresh air, locally produced food and green open spaces." "Growing Greener has made a tremendous difference throughout Allegheny County," said County Executive Dan Onorato. "Now more than ever, we need our legislators to fight for this program and fight to protect the rivers, parks, trails and open spaces that are part of the very fabric of Pennsylvania and its economy. " "This program has delivered real health and economic benefits for Allegheny County residents by enhancing their quality of life, raising property values and ultimately making the County a more attractive place to grow businesses," noted County Council Member Michael Finnerty, who was the Primary Sponsor of the Resolution. They join 230 other organizations and groups that have also announced their support for renewing Growing Greener. In addition, the following municipalities adopted resolutions in support of Growing Greener: Plumstead Township and Dublin Borough, Bucks County; Hamiltonban Township, Adams County; Broad Top Township, Bedford County; and Columbia Borough and Manor Township, Lancaster County

With these, 102 municipalities including 23 counties, representing more than 5 million Pennsylvanians, have passed resolutions calling on the Governor and legislature to restore and increase funding for Growing Greener. Growing Greener is a bipartisan program established in 1999 under Gov. Tom Ridge and later expanded by Governors Schweiker and Rendell. Since its establishment, Growing Greener has created a legacy of success, preserving more than 33,700 acres of Pennsylvanias family farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to state parks and forests, and restoring over 16,000 acres of abandoned mine lands. Moreover, Growing Greener has contributed and leveraged billions of dollars to the Pennsylvania economy by helping to boost tourism, create jobs and generate revenue. Yet despite the programs accomplishments, funding for Growing Greener projects and grants fell from an average of approximately $150 million per year for the last six years to $27.3 million in the current state budget, over an 80 percent reduction. The Renew Growing Greener Coalition is the Commonwealths largest coalition of conservation, recreation and environmental organizations representing nearly 350 organizations and government entities. SRBC To Hold Public Meetings On Proposed Marcellus Shale Rules October 25 & 27 Susquehanna River Basin Commission has scheduled two public information sessions to explain and answer questions on draft regulations, most of which relate to the approval of natural gas projects, on October 25 in Williamsport and October 27 in Camp Hill, across from Harrisburg. When SRBC received the initial round of public comments in August on the draft regulations, it was apparent that some of the concerns expressed were the result of misunderstanding not only about the proposed changes but also key elements of SRBCs regulatory program in general. If the public is unclear on the intent of the changes, particularly as they relate to our Approval by Rule program, its our job to reach out and better communicate the information, said SRBC Executive Director Paul Swartz. By doing so, we believe we can pave a better path forward toward the final rulemaking stage. The evening public information sessions will be informal to encourage dialogue and afford ample opportunities for questions from the public. They will start at 7:00 p.m. on both days. The Williamsport meeting will be held in Holiday Inn, Library Room, 90 Pine Street, Williamsport and the Camp Hill meeting will be held at the Radisson Penn Harris Hotel & Convention Center, Keystone D Room (in Convention Center), 1150 Camp Hill Bypass, Camp Hill. The proposed regulatory changes, as published in the July 13, 2011 Federal Register, and a summary are available on SRBCs website. The deadline for written comments on the proposed changes was recently extended to November 10 by SRBC. DRBC Sets Vote On Drilling Regulations For November 21

The Delaware River Basin Commission Friday announced the previously scheduled October 21 special meeting for the commissioners to consider draft natural gas development regulations has been postponed. The rescheduled special meeting will take place on November 21 from 10 a.m. to 12 noon in the Patriots Theater at the War Memorial, 1 Memorial Drive, in Trenton, N.J. The doors to this public meeting will open at 9:30 a.m. A presentation summarizing the proposed regulations will be provided prior to the vote by the commissioners. The November 21 meeting will not include a hearing to accept comments from the public prior to the anticipated vote. The previously announced October 21 meeting date is being delayed for a month since additional time is necessary to complete the ongoing process and to allow for an opportunity to publish the modified draft regulations on the DRBC website two weeks in advance of the expected vote by the commissioners. This web posting, planned for November 7, will be for informational purposes only since comments will not be accepted. The purpose of the proposed regulations is to protect the water resources of the Delaware River Basin during the development and operation of natural gas projects. The commission received approximately 69,000 submissions commenting on the draft natural gas development regulations that were originally published on December 9, 2010. Six public hearing sessions were held at three locations in February to receive oral testimony, and written comments were accepted until April 15, which was an extension from the original March 16 deadline. The commissioners and staff have been reviewing the submissions and considering how the draft rulemaking should be modified based on the public input. For more information, visit the DRBC website. NewsClip: DRBC Again Delays Action On Drilling Regulations PA Medical Society To Discuss Fracking And Public Health October 15 As part of the Pennsylvania Medical Society's annual House of Delegates, about 200 Pennsylvania physicians are slated to investigate what potential impact exists for gas fracking to have on public health. The session, titled "Overview for Physicians on Marcellus Shale Natural Gas Fracking," features three speakers who will provide an overview of the gas fracking processes, the potential impact on public health, and a study of the population health impact in northeastern Pennsylvania. Samantha Lynn Malone, MPH, CPH, of the University of Pittsburgh will describe the science of gas fracking as well as the potential public health impact. Samuel Lesko, MD, MPH, director of research and medical director for the Northeast Regional Cancer Institute, will talk about his study to gain baseline health assessments in Northeastern Pennsylvania where drilling is occurring. And, Ralph Schmeltz, MD, president of the Pennsylvania Medical Society, will speak about the governor's Marcellus Shale Advisory Commission and its recommendations. The 90-minute session will occur on October 15 at 10:30 a.m. at the Hershey Lodge and Convention Center in Hershey, Pa. NewsClip: PA Doctors To Discuss Public Health Impacts Of Fracking

Wilkes University Hosts Presentation On Drilling Impacts In Dimock November 19 The Institute for Energy and Environment Research at Wilkes University will host a presentation November 19 by local author Seamus McGraw on the impact of Marcellus Shale drilling in and around Dimock, Pa. The event will be held from 10:00 a.m. to Noon in the Stark Learning Center, William B. Schaeffer Hall-Room 101 on campus in Wilkes-Barre. Click Here for more information, Download an event flyer or to register contact Erich Schramm by sending email to: erich.schramm@wilkes.edu or call 570-408-5543. 2 Pennsylvanians Among Chesapeake Bay Forest Champions Honored Four Chesapeake Forest Champions were honored last weekend at the 2011 Chesapeake Watershed Forum held at the National Conservation Training Center in Shepherdstown, WV. The winners included Susan Benedict, a forest landowner from Centre County, and David Wise, CREP Manager with the Chesapeake Bay Foundation Pennsylvania Office. Susan Benedict The forest landowner who models exceptional stewardship was Susan Benedict of Centre County, Pennsylvania. Susan manages a certified Tree Farm on her familys property, implementing many conservation projects on the land including planting pollinator habitat in a forested ecosystem. As a local activist, Susan heads the Centre County Natural Gas Task Force where she advocates for responsible gas drilling to minimize the negative impacts on Pennsylvanias forests and other natural resources. She is a board member of Woodland Owners of Centre County, a trained Pennsylvania Forest Steward volunteer, and a member of a long list of other forest organizations. No one knows better than Susan that forests provide wood products, clean water and air, wildlife habitat, recreational opportunities, and a host of other benefits to people. She acts on her knowledge by educating and assisting anyone who will listen. David Wise For greatest-on-the-ground impact, the award went to David Wise of Chesapeake Bay Foundation for his leadership in restoring streamside forest buffers through the Pennsylvania Conservation Reserve Enhancement Program (CREP) Partnership. Since 2000, Pennsylvania CREP has restored more than 22,000 acres of forested buffers (more than all other Bay states combined), bringing roughly $100 million in cost share, incentive and rental payments to over 4,000 streamside landowners to restore riparian forests. This level of restoration has resulted from the combined efforts of a long list of partners, including USDAs Farm Service Agency and Natural Resource Conservation Service, Pennsylvanias Department of Environmental Protection and other organizations. However, key to the partnerships success has been the innovative outreach and technical assistance team that the Chesapeake Bay Foundation has built. The PA CREP partnerships success is a model of what can be achieved through the combination of the right incentives, energetic outreach, an effective reforestation approach and a champion like David whose persistence and creativity keeps the momentum going.

The U.S. Forest Service and Alliance for the Chesapeake Bay sponsored the inaugural Chesapeake Forest Champion contest in honor of the International Year of Forests. The awards recognize groups or individuals that have made a difference to people and/or the Bay through their promotion of trees and forests. For more information, visit the Chesapeake Forest Champions webpage. Agriculture & The Chesapeake Bay Watershed Seminar October 11 In Harrisburg The Whitaker Center's second Expedition Chesapeake Seminar will be held on October 11 at 10:00 a.m. in Harrisburg on the topic of Agriculture and The Chesapeake Bay Watershed. Dr. Douglas Beegle, Ph.D., Distinguished Professor of Agronomy at Penn State University will present and lead a discussion for stakeholders as part of Expedition Chesapeake initiative. Our goal is to try and frame the discussion surrounding the watershed and agriculture and the challenges we all confront when it comes to nutrient management, said Dr. Beegle. There has been a lot of research and implementation done over the years and some things have worked and some havent. But I think too many people believe the challenge we have is with individual farmers and their practices. That is not completely the case. We need to step back and look at the big picture and the structure of agriculture in our economy in the Bay watershed. Expedition Chesapeake is a $10 million initiative anchored by a giant screen film, an online curriculum, a traveling, 4D science exhibit, and a made-for-television documentary. For more information, visit the Expedition Chesapeake on Facebook or contact Peter J. Shelly by sending email to: pshelly@shellycommunications.com or call 717-724-1681. Lebanon-Lancaster County Watershed Forum Set For October 29 The Lebanon and Lancaster County Conservation Districts will hold their 9th Annual Watershed Forum on October 29 at the Lancaster Farm & Home Center, 1383 Arcadia Road, Lancaster starting with breakfast at 8:15 There will be a variety of speakers at the watershed forum, including Christian Canby, a crabber from Rock Creek, Md., who makes his living from the Chesapeake Bay, said Stephanie Harmon, watershed specialist for the Lebanon County Conservation District. Related to Canby's talk will be a joint presentation from Lebanon County Planning Director Kris Troup, representing the Lebanon County Clean Water Alliance, and John Bingham, chairman of the Lancaster County Clean Water Consortium, about the EPA's Chesapeake Bay clean-water initiatives. Speaking about working with the Amish community will be John Shuman and Pat Fasano of the Octoraro Watershed Association, and Fran Reining, president of the Friends of Fishing Creek Watershed Association, who will offer tips on making low-cost water-quality improvements. The cost of this year's forum has been underwritten by the Foundation for Pennsylvania Watersheds, the Capital Resource Conservation & Development Council, The Hershey Co. and the Octoraro Native Plant Nursery. The event is free, but registration is required by October 25.

For more information, Download the Forum brochure and to register, call the Lebanon County Conservation District at 272-3908, extension 4, or send email to: stephanie.harmon@lccd.org. Capacity Building Grants Now Available For Chesapeake Bay Watershed Groups The Chesapeake Bay Funders Network, Chesapeake Bay Trust, and the National Fish and Wildlife Foundation have announced a new grant initiative to build the capacity of grassroots watershed and river organizations who will help advance ambitious local restoration and protection plans. Applications are due December 2. As the focus of the Chesapeake Bay restoration and protection effort shifts more and more to the local level and with the adoption of the Chesapeake Bay Total Maximum Daily Load (TMDL) that requires the development of Watershed Implementation Plans by state and local governments, watershed groups are poised to play an even greater role in the Bays recovery. Given their growing importance in efforts to clean up the Chesapeake Bayand local rivers and streams, increased levels of financial and technical support to river and watershed organizations is imperative. The Chesapeake Bay Funders Network Capacity Building Initiative will provide grants and technical assistance to increase the effectiveness of organizations that protect and restore rivers and watersheds, increasing their power to advance local watershed protection priorities through collaborative strategies. Pennsylvania watershed groups working with the Chesapeake bay watershed are eligible for this opportunity. For more details, visit the Chesapeake Bay Trust website. Penn State Extension: After The Flood, No Time For A Stream Study! Recent flooding in Central Pennsylvania has brought a lot of attention to the various safety issues associated with flood waters. Even with all the warnings issued, its not uncommon to see images of children and families wading in flood waters, exploring flooded creeks and streams, and taking chances with their health and safety. Parents, educators, and youth program volunteers should all be aware of the many risks associated with these flood waters and help share these messages in their communities. During floods, water not only moves in greater volumes than what is typical; it is also flowing at faster rates of speed than normal. The power of water is often underestimated, which is why we hear so many stories of people trying to drive through flooded streets and getting swept into the moving water instead. When walking, just six inches of water can sweep you off your feet. This is especially dangerous for children. The scenes created when a flood takes place, particularly when the flood is of the magnitude we experienced this year, can be very attractive to professional and amateur photographers, as well as those who just want to see whats going on. The power of the water can also cause mudslides and stream bank failure to occur, so standing anywhere near moving flood waters is dangerous place to be.

Those waters may also rise faster than you could ever imagine, from just a few inches to many feet in less than an hour, leaving you with few paths of escape. It is best to just stay away altogether. Even after the floodwaters start to recede, there are many hidden dangers lurking in streams and creeks. Because the waters are thick with mud, it is hard to see what you might encounter: -- Flooding may have caused large pits and crevices to form along the stream bottom; -- Broken glass and sharp metal objects that were washed form roads, fields, and damaged buildings are often being carried downstream; -- Chemical containers may have been overturned in high floodwaters, wastewater treatment facilities may have overflowed, and many other hazardous substances are likely contaminating the water after a flood; and -- Large objects like railroad ties, tree limbs, propane tanks, and even parts of homes can be tumbling beneath the water. Until the waters are running clear again and stream banks have had time to dry out, this is no time for exploring your local stream! For more information and educational resources: -- Informational Booklet: Floods the Awesome Power (National Oceanic and Atmospheric Administration) -- K-2 Lesson Plan: Learn Flood Safety (American Red Cross) (Written By: Jennifer Fetter, Watershed Youth Development, Educator Penn State Extension, and reprinted from the Watershed Winds Newsletter) Laurie Popeck, Maurice K. Goddard Legacy Task Force Win 2011 Karl Mason Award The PA Association of Environmental Professionals presented its 2011 Karl Mason Awards on September 22 to Laurie Popeck and the Maurice K. Goddard Legacy Task Force (to be awarded at a separate event). Each year, at the PAEP Annual Conference, the Karl Mason Award is presented to meritorious nominees selected by the Board from two general categories: an individual who has demonstrated exemplary leadership in the field of environmental management and an organization, project or program that has made a significant contribution toward maintenance or restoration of Pennsylvanias environmental quality. Here is more background on each of the winners. Laurie Popeck Lauries passion for and dedication to the environment began at age 5 when her parents introduced her to the legacy of Rachel Carson. After visiting the Rachel Carson Homestead in Springdale, Pa, Laurie felt a strong call to protect the environment. Her deep love of nature grew and she was committed to following in Carsons footsteps. Her academic achievements include earning a BS in Environmental Biology from Bridgewater State College in Massachusetts, a MS in Environmental Science and Management and a Paralegal Certificate from Duquesne University in PA.

Laurie helped build and promote the Ohio Watershed Celebration into a successful event. The ORWC is an annual event that is open to the general public at no cost, thanks to Lauries sponsorship fundraising. The OWRC is an educational event that illustrates the value of watershed protection and conservation. The OWRC demonstrates, from the unique perspective of Pittsburghs Three Rivers, the economic, environmental, and cultural impact that the resources of the Ohio River Watershed have upon the region. The ORWC consists of two cruises from the Gateway Clipper fleet: the Imagination Cruise on the Empress for students, parents, and educators, and the Networker Cruise on the Majestic for adults. Over 700 attendees participated in the ORWC cruises in 2010. While employed at Stream Restoration Inc., Laurie was the Steering Committee Director for the event as well as a driving force for its success each year. The ORWC is now in its tenth year. Along with her full time employment, Laurie is an active volunteer for several organizations. Laurie is the founding member of the Washington County Affiliate of Keep Pennsylvania Beautiful, which was established in 2009. Today, Laurie continues to supervise activities of the Washington County Affiliate including fundraising, recruiting volunteers, organizing cleanups and education/outreach events, tracking the budget, and coordinating all Affiliate activities from press releases to the website. Laurie also volunteers for the Chartiers Creek Watershed Association. She is a Board Member and participates in quarterly water quality testing and biannual macroinvertebrate sampling as well as local outreach and educational events. During these events, Laurie interacts with stakeholders and assists on projects related to stormwater management, urban sprawl, and illegal dumpsites in order to help restore the watershed. Laurie is a part-time staff writer at the Small Town Life and Business News, writing articles relevant to the community on environmental topics such as Marcellus Shale, watershed association updates, cleanups, and other current events within Washington County. She is also the Secretary of the League of Women Voters of Washington County and coordinates the Candidate Forums, legislative luncheons, and award receptions with elected officials. Laurie is currently a Senior Environmental Specialist with GAI Consultants, Inc. where she conducts research and field applications involving wetlands delineation, ecological field surveys, endangered species surveys, and other environmental due diligence studies. During her career, she has been a great communicator for several organizations, acting as a primary liaison to elected officials, government organizations, business representatives, and citizens on environmental issues. She has prepared watershed conservation plans and assessments, collected and analyzed data, and been the driving force for several projects. She has also participated in radio media interviews designed to acquaint citizens with the value of watershed conservation plans and other important environmental topics. She has conducted initial phases of abandoned mine drainage restoration projects throughout Pennsylvania and has provided a broad array of environmental services including assisting with wetlands planting, plant identification, and benthic macroinvertebrate sampling. Laurie has also written grant proposals for numerous projects from private, state, and federal funding sources to help restore and protect the environment. Maurice K. Goddard Legacy Task Force

Goal: Celebrate the accomplishments of Maurice. K. Goddard and rededicate all Pennsylvanians to his vision and values for the conservation of our natural resources. M.K. Goddard served five Pennsylvania Governors as Secretary of Forest and Waters and as the founding Secretary of the Department of Environmental Resources (1955-1979). His legacy as a public servant includes: -- A commitment to professionalism and civil service; -- A state park within 25 miles of every Pennsylvanian; -- A watershed scale approach to water management; -- Dedicated funding for natural resource conservation Oil and Gas Fund, Bond Initiatives (Project 500 and Project 70); -- A profound influence on national conservation policy; Projects: Initiatives to build awareness of his legacy and share that legacy of conservation values and good government with all Pennsylvanians through a series of programs, interpretive signs, television, new media, a documentary and involvement in the outdoors. -- Kickoff the project with a walk on the Goddard Memorial Trail in Camp Hill where Goddard lived for almost fifty years (September 12, 2009); -- Provided interpretive panels at 25 State Parks created under his leadershipthe 25 is symbolic of his goal of a park within 25 miles of every resident. There were 45 parks added under his leadership; -- Installed five historic markers at key sites to commemorate his workIn front of Rachel Carson State Office Building (his commitment to public service and professionalism), at Mont Alto Campus of PSU (his influence on forestry and wild and natural areas), at MK Goddard (parks) and Delaware Canal State Parks (Delaware and Susquehanna River Basin Commissions), and one in Camp Hill (resident); -- Rededicated the MK Goddard Wilderness Area in the Wykoff Run (Elk State Forest) in the PA State Forest; -- Produced an original documentary on the life of MK Goddard in conjunction with WITF; -- Held three symposiums on the lessons Goddards legacy offers for the futureone that was a sharing of his lessons by peers and employees, the second an environmental forum with a moderated panel of environmental leaders which was taped and televised; the third focused on his life lessons as they could apply to students, and in fact, kicked off the annual Goddard Leadership Symposium at Camp Hill School District; -- Oversight of an intern partially funded by PA Association of Environmental Professionals. He successfully completed research that assisted in the production of the documentary; -- Provided several lectures on the work of Maurice Goddard; -- Several articles were published about his life/leadership; and -- Creation of a fact sheet on the life of Goddard. Undergoing now: updates to a website that includes a GIS overlay; the dedication of the fourth corner of the Capitol Rotunda in his honor (a goal), a traveling exhibit; leadership lessons. DEP Pulls Plug On Funding For SEO Training, Creates Unfunded Mandate Townships and sewage enforcement officers are paying the price now that the state Department of Environmental Protection has decided to stop funding classroom training.

By Jill Ercolino, Managing Editor, PA Township News A recent decision by the state Department of Environmental Protection threatens to jeopardize the very thing the agency is charged with overseeing and places yet another unfunded mandate on townships. In August, DEP announced that it would no longer fund continuing education training for the states sewage enforcement officers. In the past, the cost to develop and attend these classes was underwritten in part by sewage planning module fees that applicants paid to the department. As a result, classes were offered at little or no cost to SEOs or municipalities. Not Anymore. DEP has told us that effective immediately, all funding for classroom training has been discontinued, PSATS Executive Director David M. Sanko says. Currently, the only DEPfunded and -approved SEO training will be limited for now to those courses offered online. Sanko worries about the impact on the states water supplies, which sewage enforcement officers help to protect, now that DEP has significantly reduced the training that enables SEOs to maintain required certifications. Ironically, DEP is charged with protecting the environment, yet this decision may put our waterways at risk, Sanko says. If SEOs cant take classes, they cant maintain their certifications, and they cant oversee onlot septic systems. I dont even want to think about what the resulting malfunctions will do to our water supplies. And people are worried about fracking in the Marcellus Shale region? he asks. A rash of malfunctioning septic systems statewide could be an even bigger threat to the environment. To ensure that member townships have access to competent and qualified sewage enforcement officers, PSATS was an early advocate of DEPs efforts to formalize and strengthen its SEO curriculum, which the Association has administered from the start. Sanko points out that the recent training decision is not the states only assault on the sewage-funding front: The General Assembly has continued to reduce funding that helps townships update mandated sewage plans and enforce state sewage laws. Another Unfunded Mandate Because state law requires DEP to train SEOs, the agency plans to approve third-party providers to offer fee-based continuing education classes, Sanko says. Whether the agency chooses to work with PSATS isnt the issue, he says. While we would certainly like to continue our training partnership with DEP, our concern is that a thirdparty system will commercialize and ultimately erode the quality of what has become a very reputable and respected educational program. Sanko says its unclear when the new third-party system will be put in place. One thing is certain, though: Sewage enforcement officers and the townships that employ them will now have to bear the full cost of this training. Under state law, townships must employ or contract with a primary and an alternate SEO. So here we are again: Townships are faced with another unfunded mandate from the state, Sanko says. And thats the other irony in this whole thing: The state has a special task force assigned to study unfunded mandates and how to ease the burden on local government, and DEP makes a decision like this. It just doesnt make any sense.

Despite this turn of events, Sanko says PSATS remains committed to providing highquality training at an affordable price. It also will provide additional information to its members and SEOs as soon as DEP finalizes any new training approach. In the meantime, SEOs can take classes online. For more information about the departments decision to suspend classroom training for SEOs, townships should call John Diehl, DEPs chief of Act 537 Management Section, at 717-783-2941. (Reprinted from the Pa. Township News magazine with permission from the Pa. State Assn. of Township Supervisors.) Budget Cuts Force PA Center For Environmental Education To Close On October 14 the PA Center for Environmental Education will close as a result of the elimination of all state funding for this valuable program in July. The Pennsylvania Center for Environmental Education housed as Slippery Rock University was part of an initiative to build statewide capacity for environmental education created by Gov. Tom Ridge in 1996 and formally established in law by Act 71 in 2008 through legislation sponsored by Sen. Mary Jo White (R-Venango), Majority Chair of the Senate Environmental Resources and Energy Committee. The Center was formed through the collaborative efforts of eleven Pennsylvania entities including government departments, agencies, and professional organization. The Centers task is to promote and provide environmental education for all citizens of the Commonwealth and to serve as a resource for all stakeholders in environmental education. According to an email sent by Center staff Friday, they working diligently to assure all educators across the state of Pennsylvania will have access to the content of the PCEE website as well as its online educational resources -- including Critter Quest PA and the upcoming Outdoor Classroom Resource Guide. These resources are being transferred to the PA Association of Environmental Educators. By October 15 all visitors to http://www.pcee.org will be re-directed to PAEE's website. From their website, you will find information regarding the online educational resources developed by PCEE. The staff at PCEE would like to thank you for supporting our work over the years and using the online resources, we hope you found them helpful for both your personal and professional purposes. DEP Southwest Regional Roundtable Meetings Set, Other Roundtables Scheduled The Department of Environmental Protection published notice setting meeting dates for the Southwest Regional Roundtables in Pittsburgh. The meetings will be held starting at 10:30 on October 13, November 10 and January 12 at the DEP Southwest Regional Office in Waterfront A & B, 500 Waterfront Dr. (formal notice) For more information on the Southwester Regional meeting, contact Holly Cairns at 412-442-4116 or send email to: hcairns@pa.gov. Other Regional Roundtables

-- Northwest Regional Office (Meadville): Future meetings are planned for November 10, February 9, April 12, June 14. Contact: Freda Tarbell, 814-332-6816; -- Southcentral Regional Office (Harrisburg): No schedule available. Contact: Jeff Whalen, 717-705-4921; -- Northcentral Regional Office (Williamsport): This Roundtable meets quarterly the next meeting is set for October 17 at 7:00 p.m.. Contact: Dan Spadoni, 570-327-3659; -- Southeast Regional Office (Norristown): This Roundtable has been active, but future meetings have not yet been scheduled. Contact: Lynda Rebarchak, 484-250-5820; and -- Northeast Regional Office (Wilkes-Barre): This Roundtable has not be active for some time, but is scheduled to be reactivated soon. Please RSVP to the contact person if you plan to attend a meeting to make sure they have a room large enough to accomodate the meeting. Reactivating the Roundtables is being done under the auspices of Alisa Harris, DEP Deputy Secretary for External Affairs. Creating Sustainable Communities Conference In Pittsburgh November 3 Anyone whose work deals with landscape design and management, recreation, community building or environmental issues will find a wealth of information on how a sustainable landscape can be environmentally friendly and a cost saver, during a one-day conference in Pittsburgh this November. The Creating Sustainable Communities Conference, to take place on November 3, at Point Park Universitys Lawrence Hall in downtown Pittsburgh, will offer attendees hands-on tools and ideas to manage and develop their lands and buildings in a more sustainable and environmentally-friendly manner. Conference attendees will learn about natural stormwater management, planting green roofs and community gardens, connecting children with nature, and much more. The day will feature well-known speakers including Tom Murphy, current Senior Fellow with the Urban Land Institute and former Mayor of the City of Pittsburgh. Breakout session tracks include local case studies, economic incentives, healthy communities, and stormwater management and green infrastructure. The $30 registration fee covers breakfast, lunch and handouts. A free optional green roof tour and dessert reception will take place at the Allegheny County office building after the conference. The conference is jointly sponsored by Point Park University, the Department of Conservation and Natural Resources, the Pennsylvania Environmental Council, and Allegheny County. Additional conference information and registration form are available online. Questions can be directed to Hannah Hardy at 412-481-9400 or by sending email to: hhardy@pecpa.org or Jessica Sprajcar at 717-214-7511 or by sending email to: jsprajcar@pa.gov. Pennsylvania Schools Can Win Thousands Recycling In Recycle-Bowl

Keep America Beautiful, Inc., the nations largest volunteer-based community action and education organization, today announced the launch of Recycle-Bowl, the first comprehensive nationwide recycling competition for elementary, middle and high-school students. Recycle-Bowl was created to provide students with a fun, interactive way to learn about waste reduction and environmental responsibility through in-school recycling. Open to all U.S. schools and classrooms, the incentive-based recycling competition and benchmarking program kicks off this October and registration is now open on the Recycle-Bowl website. The competition runs from October 17 through November 12, culminating around America Recycles Day. Participating schools will track and report how much recyclable material they collect for a chance to win prizes. At the close of the four-week competition, the Pennsylvania school that collects the most recyclable material per capita will win $1,000 and will be entered into a national competition to receive an additional grand prize of $2,500 from Nestle Waters. The four runner ups will each receive $500 from Greenstar Recycling, a leading recycler in America and contributing partner of Keep Pennsylvania Beautiful and the Recycle-Bowl Competition in Pennsylvania. We are excited to support this program, commented Matt Delnick, Chief Executive of Greenstar Recycling. Household recycling is often led by Americas youth. Recycle-Bowl will help drive important environmental change by educating and motivating our students to recycle one of the best things everyone can do for our planet. Participating schools in Philadelphia, in partnership with Keep Philadelphia Beautiful, will also be entered into a citywide competition that will award $500 to an elementary, middle and high school that collects the most recycling material per capita during the four week period. Recycle-Bowl is about much more than simply winning a prize, said Matt McKenna, president and chief executive officer of Keep America Beautiful. Through this fun competition, were providing students, teachers and administrators across the country with an opportunity to learn more about the economic and environmental benefits of recycling, and inspire their families to take similar actions both at home and in their communities. For more information on its community improvement programs, visit the Keep America Beautiful or the Keep Pennsylvania Beautiful websites. DEP Completes Beaver County Waste Tire Pile Cleanup The Department of Environmental Protection Friday announced the completion of a priority cleanup of the former Jake Ours Family Junkyard abandoned tire pile in Rochester Township, Beaver County, which was estimated to have held more than 50,000 truck and bus tires. "The remediation of this junkyard has eliminated potential health and environmental hazards that have existed for nearly three decades," Secretary Mike Krancer said. "These sites are not only an eyesore, but also a breeding ground for mosquitos and a potential fire hazard." While the total amount of tires located throughout the site was estimated at 50,000, the total weight of material removed exceeded 800 tons, a much higher volume than DEP's original estimate, since the majority of the tires had the steel wheels intact. This site cleanup, one of the top-ranked sites on DEP's Priority Abandoned Tire Pile list, marks the first of this magnitude in more than five years.

Remediation activities, completed by lowest bidder Magnum Industries of Northern Cambria, Cambria County, took about 30 days. The Waste Tire Recycling Act renews DEP's efforts to remediate problem abandoned tire piles throughout the state. The Act provides an annual allocation of $1.25 million over four consecutive years for DEP to use toward the remediation of priority abandoned scrap tire piles. For more information, visit DEP's Waste Tire Program webpage. For information on how you can prevent illegal dumping in your community, visit the Keep PA Beautiful website. Nearly 2,000 Paddlers Participate In The 2011 Sojourn Season The PA Organization for Watersheds and Rivers reported another year of successful River Sojourns is in the bag. As news from all of the sponsoring organizations filters into POWR headquarters, the scale of these river trips comes into focus. In total, there were 14 sojourns held this year on rivers across the state. Nearly 2000 people joined these trips ranging from one to eight days long. They experienced the beauty of Pennsylvania on the water as they paddled along 500 miles of rivers and streams. Thousands of volunteer hours were contributed to put all of this together. Most of the people who worked behind the scenes to make these trips happen have spoken positively about the experience for both their their organizations and the people who participated. Many of the organizations are already planning for next years trips! For more information, visit the POWR's Sojourn webpage. Central PA Conservancy To Hold First Forest Festival October 15 Come out and spend the day at Pine Grove Furnace State Park in Cumberland County! As a new addition to the State Parks Fall Festival this year, Forest Fest will celebrate all that our local forests have to offer! This event is designed to bring recognition to the value our forests provide and build awareness of South Mountains Community Supported Forests. The event will promote our local forest products and services of the South Mountain Region for their economic, ecological and social values. The Forest Festival will be taking place at the Ironmasters Mansion at Pine Grove Furnace State Park beginning at 10 a.m. and will include local wood product vendors, a full day of educational workshops including use of the Dept. of Agricultures Hardwood Development Councils WoodMobile, and educational childrens activities. This is a family event that is free and open to the public. The 2011 Forest Festival will be happening in conjunction with Pine Grove Furnaces Fall Festival taking place throughout the entire park. Stop by the booths of vendors and learn about wood-turning, locally produced millwork, woodlot ownership and habitat management, carved kitchenware, art pieces and many more. Tour the WoodMobile! This is a 34-foot traveling exhibit and is a project of the Dept. of Agriculture's Hardwoods Development Council.

The truck is provided by 16 member companies of the PA Forest Products Association and the trailer is provided by Deer Park Lumber. After your tour be sure to stop with the kids by the childrens activities area for forest related fun! Learn how to identify our local trees, weeds, insects, and diseases that affect our forests, how to landscape with native plants or how to properly sling a rope for tree climbing and pruning at one of our rotating educational workshops. Workshops are taking place throughout the day starting at 10am, 11:30 a.m. and 1:30 p.m. We are hoping that through the educational activities provided at this festival that residents of the South Mountain and surrounding regions will recognize the value of their forests and work to conserve their resources, said Debra Bowman, Executive Director for the Central Pennsylvania Conservancy who is hosting the festival. Be sure to stick around for the evening activities as well where the Central Pennsylvania Conservancy will host a community bonfire with hot chocolate and tours of the Ironmasters Mansion- remember to bring your own smores! The event is FREE and open to the public. Lunch - $7 benefits Community Supported Forests - a CPC initiative For more information contact Debra Bowman at 717-241-4360 or send email to: dbowman@centralpaconservancy.org. Nature Abounds Developing Watch The Wild Wildlife Reporting Program Nature Abounds this week announced it is developing a new "Watch the Wild" citizen-science volunteer opportunity where volunteers report back on wildlife, weather and seasonal changes, is a relatively-unstructured way to get children with disabilities outside using their senses, learning about nature, and building their self-esteem. The program is being developed with the support of the CVS Foundation. To develop the program, Nature Abounds will survey leaders and caretakers of disabled children on what they see as being most useful in getting the children outside, what activities they would like to do while also maintaining the time outdoors as relatively unstructured, as well as what type of reporting system works best for them. Additionally, input will be gathered from parents or other caregivers of children with disabilities. Next, Nature Abounds will design materials for the children as well as for the caregivers. In doing so, the staff will concentrate on incorporating the senses like sight, sound, and smell. Likewise, basic language will be used, making the text easy to understand. After a draft package is ready, Nature Abounds will offer the draft package to the surveyed caretakers to review it and make suggestions for betterment and provide. This caregiver group will also become an advisory board that Nature Abounds can call on in the future when looking for new ways to make our programs inclusive for children with disabilities. Finally, Nature Abounds will also offer the package to groups that work with children with disabilities. For more information, please contact Nature Abounds at 814-765-1453, send email to: info@natureabounds.org or visit the Nature Abounds website. Western PA Conservancy Protects Forestland Properties Along French Creek

The Western Pennsylvania Conservancy permanently protected two properties along French Creek this week covering nearly 400 acres of forestland in French Creek Township, Venango County, and 27 acres in LeBoeuf Township, Erie County. French Creek has the highest level of aquatic biodiversity of any stream of its size in Pennsylvania, said Conservancy President and CEO Thomas Saunders. These acquisitions will ensure permanent protection of the properties, and bring the Conservancys protected acreage in the French Creek watershed to over 2,700 acres. Owned by Troy and Lynn Firth and the Foundation for Sustainable Forests, the French Creek Township property hosts beautiful woodlands that include a waterfall and tributaries to the creek. The Firth family and The Foundation for Sustainable Forests, Inc., a nonprofit organization dedicated to protecting working forestland, will continue to own and manage the property. The forest will continue to be harvested in a sustainable way to help support the local economy. It is being protected by a conservation easement, a voluntary legal agreement between a private landowner and a nonprofit organization like WPC that limits future uses of the land in order to protect its conservation values. An easement was placed on the property to help provide the means to promulgate sustainable forestry practices into the foreseeable future, said Troy Firth. The easement was purchased through a grant from the Pennsylvania Department of Conservation and Natural Resources, with matching funds from The Nature Conservancy. The Firth family manages their forests in an impressively sustainable manner, Saunders said. The LeBoeuf Township property runs 2,237 feet along the main stem of French Creek. Funding for the purchase of this property was provided by family members in memory of Bradford Barnes combined with funds from a generous bequest from Helen Katz designated for acquiring land to preserve rare and endangered species of plants and animals. The relatively flat forested area was purchased from the Estate of George J. Kuebel Jr. Referred to by our family as simply French Creek, this land felt like another world compared to the treeless city block where we lived in downtown Erie, said Roger Kuebel, son of George Kuebel Jr. Maintained in its natural state, it was like a miniature nature preserve where we would picnic, fish, birdwatch and raft. Our family has treasured this property for nearly 50 years, and we are delighted to entrust its future to WPC for the enjoyment of generations to come. French Creek provides habitat for two species of federally endangered freshwater mussels, 26 other mussel species and numerous fish species of special conservation concern. The properties will be open to the public for passive recreational activities such as hiking, hunting, fishing and canoeing. The Fall issue of Conserve, the quarterly newsletter of the Western PA Conservancy is now available for online viewing. Fall Issue Of Western PA Conservancy Newsletter Now Available The Fall issue of Conserve, the quarterly newsletter of the Western PA Conservancy, is now available for online viewing.

This issue features articles on how science influences WPC's land conservation efforts, the environmental significance of gardens and greenspace, celebrating the 10th anniversary of WPC's Watershed Conservation Program and much more.

Feature Fungus And The Future Of Bats


By Joe Kosack, Wildlife Conservation Education Specialist, Game Commission Cave bats have long been some of North Americas most successful species. Then, in 2006, White-Nosed Syndrome (WNS) surfaced in Howes Cave near Albany, New York, and the future of North Americas cave bats soon became anything but certain. The disease has since spread north into Canada, south to North Carolina and west to Oklahoma. This month, bats will be returning to their hibernation quarters in mines and caves and their seasonal battle for survival will resume. WNS strikes bats as they overwinter underground. More than a million cave bats have died from the fungus Geomyces destructans (Gd) that causes WNS over the past five years. The pervasive Gd strikes while bats are in communal hibernation, often clustered like sardines in a tin to conserve energy. When this fungus invades hibernacula, it has been profoundly damaging to cave bats, which, in Pennsylvania, includes the little brown bat, big brown bat, eastern pipistrelle, Indiana bat, small-footed bat and northern long-eared bat. Gd is a cold-loving fungus that thrives on the bodies of hibernating bats in caves and mines. Once it appears in these subterranean areas, it stays. Thats bad news for the bats that hibernate in these chambers. The very caves and mines that for centuries sheltered bats from the elements and pestilence now harbor the worlds preeminent cave bat-killing pathogen, Gd. If you were pondering a perfect storm on cave bats, the nastiest catalysts would be organisms that could exist and strike in the dark, cold and wet environments where bats hibernate, explained Greg Turner, Game Commission biologist. Their vulnerability then is unparalleled, because their immune system is shut down to conserve energy. Geomyces destrutans has found this opening. Now its up to bats to find a defense. In Pennsylvania, bats spend six months annually in hibernation, riding out winter and living off a finite supply of energy generated from consuming massive quantities of flying insects. Gd irritates the deep-sleeping bats, forcing them out of their hibernation stupor, which requires increased energy consumption from a reserve that barely sustains them through winter. Death often follows, regardless of whether the bat stays put or flies out over the winter landscape looking for food that isnt there. Although some hibernacula have been scorched by Gd and remain absent of all bat life, there have been some survivors and residents at some contaminated caves and mines in Pennsylvania and New York for several years. Its a finding that gives hope; a potential sign of resistance. But its also early in this fungal invasion, so observations are simply that, something noted, something more to be monitored. Prior to the Gd outbreak, North Americas two most notable wildlife-related fungal invasions were the ongoing American chestnut blight and amphibian population decline, which

is caused by Batrachochytrium dendrobatidis (Bd), and commonly called Chytrid fungus. Neither of these crippling fungi, nor Gd, belongs in North America. They all found their way here over the past century hitchhiking either on products or people. And, unfortunately, theyre here to stay. The chestnut blight, caused by the fungus Cryphonectria parasitica, was first noted at the Bronx Zoo in 1904. It is believed to have sprung from a shipment of Asian chestnut trees. At the time, American chestnut trees attaining heights up to 100 feet dominated forests, particularly in the Appalachians, from Massachusetts to Alabama. The blight was in Pennsylvania by 1911, when the state created the Commission for the Investigation and Control of the Chestnut Tree Blight Disease in Pennsylvania. By the start of World War II, American chestnuts were mostly gone from eastern forests. What remained were stunted remnants of a species that once was as plentiful in Pennsylvania as oaks are today. Whats interesting about the chestnut blight is that it didnt chase the American chestnut into extinction. Rather, it crippled the species, essentially preventing it from maturing through infestations that kill every part of a chestnut tree above the initial area of infection. Root systems of American chestnuts continue to push new growth in our forests only to be snuffed out by the blight, which remains in many areas and is spread by precipitation, flooding and wildlife. There also are some resilient native American chestnut trees that have survived the blight. The bad news about exotic wildlife pathogens is that when they emerge they rarely can be extricated. Once the chestnut blight got to North America, it made itself right at home. Still, the blight couldnt snuff out the American chestnut completely, which holds promise. Where theres life, there is hope, noted Dave Gustafson, Game Commission Forestry Division chief. To this day, work continues, particularly by The American Chestnut Foundation, to perfect a blight-resistant tree crossbred from the few still standing indigenous trees that will augment and hopefully restore the American chestnuts presence in the eastern United States. Its an attempt to accelerate natures immunity-building process. For the American chestnuts sake, and the benefit of wildlife, lets hope it works. Otherwise it could take centuries for the American chestnut to build immunity and reclaim its once commanding presence in our forests. To date, even in New York, Gd has not eliminated cave bats in some their historic hibernacula. Some bats hang on, just like the American chestnut. The same is true for some amphibians facing Bd. Also a fungal pathogen, Bd has been implicated in the declines and extinctions of certain species of amphibians in cooler or higher elevation areas of Australia, Costa Rica, Brazil, the United States and many other counties over the past couple decades. Most vulnerable are those species that have little ability to adapt to changing conditions and are found over smaller geographic ranges that harbor ideal conditions for Bd. Bd has been found in red-spotted newts and green frogs at several sites in northwestern Pennsylvania, including on the Game Commissions State Game Lands 69 and 277 in Crawford County. The research findings were published in 2010 in the Herpetological Review. The work was performed by Maya L. Groner and Rick A. Relyea through the University of Pittsburgh. Researchers have been studying Bd first identified in 1993 for some time now, and have shed some light on how the fungus fuels the disease Chytridiomycosis, which is what kills amphibians. Some amphibians are resistant to Bd. It spreads through zoospores that disperse in water, but also can hitchhike on amphibians sold in the pet trade. It is believed by many to have originated in Africa.

Bd seems to be less debilitating to hosts when temperatures are above 80 degrees Fahrenheit. Hosts harboring the affliction in hotter climes dont seem to be dying from it, while their same-species counterparts at cooler, higher elevations are. Similar evidence is emerging in field research of bat populations contracting WNS in states south of Pennsylvania and in Europe. Maybe its possible that some bat populations or possibly their hibernacula are more resistant. Gd thrives in temperatures under 70 degrees Fahrenheit. The European strain of Geomyces destructans has been confirmed in eight species of cave bats. But the mortality rates of bats with Gd in Europe are almost inconsequential; less than two percent were dying, according to recent research. It is hypothesized Gd has been in Europe for thousands of years, and bats there have developed an immunity to it over time. The situation, however, is different on our side of the Atlantic, where Gd is unchallenged and has been increasing its range in leaps and bounds. Five years of following WNS has helped wildlife managers identify and better understand what Gd is and what potential limitations it may have. The future for North American bats seems to be brighter as a result of this important work and the track record of other foreign fungi that have invaded our outdoors. It is a perception bolstered by our increased understanding of Gd and the sometimes surprising resiliency of nature, even when natural order has been disrupted by unnatural events. Remember how bad things were for bald eagles and American bison? That some amphibians are immune to Bd and others can mount a defense to it in warmer climates suggests its pathogenicity may not be as crushing as presumed when it first was identified. Field research now seems to be showing some signs that Gd also may not be the inescapable epidemiological juggernaut it was first expected to be. Ultimately, time and the bats will sort out whether bats persevere. But, the battle North American bats must fight with Gd still is likely closer to its beginning than its end. As the populations of affected bat species decline, the distribution of survivors will likely shrink to core populations and habitats, creating new management challenges in identification, protection and potential recovery of survivors and habitats, noted Cal Butchkoski, Game Commission biologist. For our bats, since no treatments are on the horizon, we must fall back to conservative management. As colonies decline, no number will be too small to protect and manage. Fungal outbreaks in our ever-increasing global society clearly lay bare the harm associated with releasing or transporting whether intentionally or unintentionally invasive species. It is why all Pennsylvanians must be vigilant about organisms hitchhiking on their equipment and gear and illegal releases of invasive species. Much good can come from our increased concern and attention. For more information, visit the Game Commission's Pennsylvania Bats webpage. Game Commission 2012 Calendar On Sale Now With the holiday gift-giving season coming up, the Game Commission is pleased to announce its 2012 wildlife calendar now is available. To purchase a calendar, priced at $8.95 (plus tax and shipping), call the Game Commission at 1-888-888-3459 (toll-free) or visit the agency's website. "Game Commission calendars sell out quickly," said Carl G. Roe, Game Commission executive director. "So don't delay, order today."

The 2012 calendar features a year's worth of dramatic wildlife photos taken by current and retired agency employees, including: 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 calendar's subjects are: a short-eared owl; a sunrise scene at the Game Commission's Middle Creek Wildlife Management Area in Lebanon/Lancaster counties, with flocks of snow geese silhouetted against the morning sky; a hooded merganser; a wild turkey; a group of wood duck chicks; a red fox pup; a Henslow's sparrow; a muskrat; a bull elk silhouetted against a red sky; a flushing male ring-necked pheasant; a white-tailed buck; and a ruffed grouse. The 2012 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. Dominion Earns One Of Three EPA Energy Star CHP Awards The U.S. Environmental Protection Agency recognized three facilities with the Energy Star Combined Heat and Power Award for demonstrating leadership and a commitment to protecting peoples health and the environment. Dominion Transmission-Crayne State in Waynesburg, Pa was one of the winners. The other two CHP award winners were KPMG LLP, Minneapolis, MN; and University of Cincinnati, Cincinnati, Ohio. By using CHP technology, the award winners achieved an estimated annual energy savings of more than $4 million and avoided carbon pollution equivalent to that from nearly 20,000 cars on the road. Dominion Transmission is an interstate gas transmission company and operates one of the largest underground natural gas storage and transmission systems in the United States. This gas transmission network includes approximately 7,800 miles of pipeline in six statesOhio, Maryland, New York, Pennsylvania, Virginia, and West Virginia. Some of Dominion's gas compression sites are located far from the electrical grid, or in areas that have limited availability of grid-supplied power, and microturbine/generators have been used to provide a reliable power supply. Capable of functioning in remote locations, adhering to emissions standards, ensuring power reliability and reducing maintenance costs, CHP has been the answer to the varying operational obstacles Dominion faces at some of its gas compressor stations. The Crayne Compressor Station CHP system located in Waynesburg, Pennsylvania is a great example. Since 2004, three microturbines have been generating up to 195 kW of electricityenough power to meet 100 percent of the station's electricity demand. The turbines that power the station's gas compressors are fueled with gas from the pipeline. Heat from the CHP system is used to warm raw gas chilled during the decompression process when it is taken from the pipeline.

With an operating efficiency of almost 73 percent, the CHP system requires approximately 25 percent less fuel than a typical system with similar output and prevents an estimated 440 tons of CO2 emissions annually, equivalent to the emissions of approximately 80 passenger vehicles. Combined heat and power systems are an exciting and innovative technologyit pays us back by cutting energy costs and protecting the environment, said Gina McCarthy, Assistant Administrator for EPAs Office of Air and Radiation. By using this technology, our award winners are demonstrating their commitment to clean, healthy air and creating a path for others to follow. &nbsp;The three facilities achieved operating efficiencies ranging from 68 to 73 percent, much higher than the efficiency of separate production of electricity and thermal energy which can be less than 50 percent. CHP technology simultaneously produces electricity and useful thermal energy from a single energy source, such as natural gas, biomass, or wasted energy. The EPA CHP Partnership, established in 2001, is a voluntary program that encourages the use of CHP to reduce the environmental impact of power generation. The partnership works closely with energy users, the CHP industry, state and local governments, and other energy stakeholders to facilitate the development of new projects and to promote energy, environmental and economic benefits. For more information, visit EPA's CHP Partnership and CHP Award Winners webpages. PPL Electric Utilities: October Is National Energy Awareness Month Being more energy-efficient is a year-round job, but the spotlight shines brighter on this important goal during October National Energy Awareness Month. Activities and programs that promote energy efficiency are happening across the PPL Electric Utilities service territory. Helping our customers save energy is a job we take seriously. Its a valued relationship, said Thomas C. Stathos, director of customer programs and services for PPL Electric Utilities. Whether its teaching schoolchildren about energy use, helping income-eligible customers get critical energy efficiency upgrades at their homes, or helping companies establish new energy cultures, the end goal is always to use energy wisely. PPL Electric Utilities, through its Think! Energy with E-power educational program, will reach about 19,000 elementary and middle school students this fall through interactive programs. Working with parent-teacher organizations in schools in low-income neighborhoods, PPL Electric Utilities launched a new program this year called the Take Action at Home Community Forum. Based on participation levels, students and their parents can help earn $400 to $1,000 for their school, in addition to learning how to take action to save energy and money at home. Forums were scheduled for about 20 schools and will continue through this month. Working to help businesses reduce their energy use, PPL Electric Utilities launched the Continuous Energy Improvement Program in October 2010. The first group of seven participants, including PPL Electric Utilities service center buildings in Bethlehem and Lancaster, is expected to save 12 million kilowatt-hours of electricity through the end of this year. Thats equivalent to the carbon dioxide emissions from the annual electricity use of 1,032 homes.

The Continuous Energy Improvement participants are showing that substantial energy savings can come through changing energy mindsets and dont have to cost a lot up front, Stathos said. PPL Electric Utilities participated to demonstrate its willing to walk the talk when it comes to energy efficiency. The current group of program participants will formally mark their completion of the program on Tuesday and a new group will begin. In addition, PPL Electric Utilities is featuring energy-saving tips on its website each day this month. Tips also can be found on the PPL Electric Utilities Twitter feed @pplelectric and on the utilitys Facebook page. And customers can continue to benefit from using PPL Electric Utilities Energy Analyzer, a tool that tracks energy use and provides timely information and tips. Energy efficiency is often about doing a lot of small things that can make a big difference. Many times, these are low-cost or no-cost things such as sealing drafts, replacing furnace filters or using compact fluorescent light bulbs, Stathos said. PPL Electric Utilities Epower energy efficiency programs like home energy audits, appliance recycling, efficient equipment rebates and more provide options for all types of customers. To learn more about E-power, visit the PPL E-Power webpage. State Treasurer Unveils Energy Efficiency Program To Help Colleges State Treasurer Rob McCord visited Drexel University Wednesday to unveil an innovative financing opportunity that will help Pennsylvania colleges and universities cut utility costs through job-creating energy efficiency improvements that will also contribute to a cleaner environment. The Campus Energy Efficiency Fund is a first-of-its-kind investment that can generate as much as $45 million in improvements at as many as 12 schools through projects creating more than 700 new jobs. Over the 20-year useful life of these projects, schools are expected to save $150 million in utility costs and reduce their carbon dioxide footprint by 1.4 million tons or the equivalent annual emissions of 250,000 cars. Drexel University is the inaugural participant in the Campus Energy Efficiency Fund, which Treasury developed in partnership with Philadelphia-based Blue Hill Partners. The Campus Energy Efficiency Fund is exactly the type of investment I look for as State Treasurer. It generates positive returns for the people of Pennsylvania and helps cut costs at schools while also cutting carbon emissions, Treasurer McCord said. Offering colleges and universities a financing model for energy efficiency projects is a winner on all fronts the Commonwealth receives a market-based rate of return, colleges cut costs that can ultimately help to keep tuition down, and we increase energy conservation and independence. Blue Hill Partners will manage the innovative fund. Treasury and Blue Hill expect to leverage investment of up to $45 million in funding, including as much as $10 million from Treasury, to qualifying businesses that can provide verifiable energy savings at Pennsylvania private colleges and universities. The Campus Energy Efficiency Fund will invest in projects at 10 12 schools over the next two years that meet certain energy savings criteria such as high efficiency lighting, energy efficient windows, heating/cooling systems, and advanced control systems.

We recognized the need for intelligent capital to fund next-generation business models to enable property owners to improve their buildings, and weve been lucky to have a smart, innovative investment partner in Treasurer McCord to work with us in developing this fund, said Joyce M. Ferris, Managing Partner of Philadelphia-based Blue Hill Partners LLC. The Campus Energy Efficiency Fund is receiving national recognition from the higher education and institutional investor communities as an innovative model for helping colleges achieve their energy and sustainability goals while providing strong returns to investors. Drexel should be commended for building on its renowned sustainability mission by being the first Pennsylvania university to move forward with a project," said Ferris. Drexel University working with the project engineering team from Transcend Equity Development Corporation will undertake upgrades at six buildings on campus. The improvements are expected to reduce Drexels annual energy consumption more than 7 percent, which will save it between $500,000 and $600,000 annually all with no negative impact to the institutions balance sheet. Treasurer McCord noted the fund is designed to begin providing returns within 12 months, unlike other ventures of this kind that typically have longer investment periods, delayed returns, and longer overall payback timeframes. Treasury previously received $1 million from the Department of Environmental Protection to defray the costs of developing the fund and providing initial capital to identify opportunities at potential schools. In addition, Treasury was awarded $211,000 in grant funds from the Rockefeller Foundation for Treasury to work with the Association of Independent Colleges and Universities of Pennsylvania to develop a peer auditing course. The course will provide training to staff and students in campus energy master planning and then allow them to conduct initial campus evaluations under the oversight of professional energy auditors. Any projects identified through the evaluations may be eligible for Campus Energy Efficiency Fund financing. &nbsp; &nbsp;The Rockefeller Foundation is pleased to provide support to the Pennsylvania Treasury Department as it works to expand the reach of its innovative programs to conserve energy and lower costs to universities, all while simultaneously creating quality jobs when they are needed most, said Rockefeller Foundation President Judith Rodin. As the former President of the University of Pennsylvania, I know firsthand how effective it can be when government engages the university community. This grant will provide the students and teachers within their own universities the tools to identify how their school can become more energy efficient, locate projects that may be eligible for Campus Energy Efficiency Fund financing, and more importantly educate students for a future in green jobs," said Rodin. Drexels participation in the Campus Energy Efficiency Fund program continues years of environmental leadership. The University recently signed the American College & University Presidents' Climate Commitment, validating Drexel's pledge to eliminate its carbon footprint, promote research and educational efforts, and equip the University to contribute in stabilizing the earth's climate. Drexel is included in the U.S. Environmental Protection Agency's National Top 50 list of the largest green power purchasers. The University was also recognized by PennFuture, a leading Pennsylvania environmental advocacy organization, for becoming the first institution in the

country to deploy Viridity Energy's VPower System, an energy monitoring system at its University City Main Campus. For more information on the Campus Energy Efficiency Fund and Drexel's Energy Reduction Initiative webpages. PUC Seeks Comments On Act 129 Energy Efficiency Technical Manual The Public Utility Commission published notice seeking comments on a proposed 2012 update of the Act 129 Technical Reference Manual for the Energy Efficiency and DSM Rules under the Alternative Energy Portfolio Standard under a temporary order adopted on September 22. A copy of the 2012 Technical Reference Manual, the Lighting Audit and Design Tool and the Motor & VFD Audit and Design Tool are available online. Comments on the proposed changes are due October 28. Volunteer Fire, Ambulance Companies Reminded To Apply For Grants State Fire Commissioner Ed Mann is reminding volunteer fire, rescue and ambulance companies that it's not too late to apply for a share of $25 million in service grants. The deadline to apply has been extended to November 4, Mann said, because many volunteer fire and ambulance service personnel were extremely busy during the recent flooding. The Volunteer Fire Company, Volunteer Ambulance Service Grant Program is open to volunteer fire, rescue and ambulance companies that meet certain eligibility requirements. The funding, which is provided through gaming revenues, can be used to build, repair or renovate facilities, for training and certification of staff members, to purchase equipment, or to pay down debt associated with the purchase or renovation of facilities or equipment. "This grant program is an invaluable resource for volunteer companies that spend a lot of time trying to raise money and recruit new members, on top of their day-to-day operations," Mann said. "I'd like to see as many eligible companies as possible apply for this funding." Additional information about the grant program, including contact information for Mann's office and assistance in applying, is available online or by calling 1-800-670-3473. New Book: Clean Politics, Clean Streams By Franklin Kury Clean Politics, Clean Streams is a legislative autobiography which tells the story of Franklin L. Kurys election to the Pennsylvania House of Representatives, and later the Senate, against the senior Republican in the House and an entrenched patronage organization. The only Democrat from his district to serve in the House or Senate since the Roosevelt landslide in 1936, Kury was instrumental in enacting significant legislation. His contributions included the environmental amendment to the state constitution, a comprehensive clean streams law, the gubernatorial disability law, reform of the Senate's confirmation of gubernatorial appointments, a new public utility law, and the flood plain and storm water management laws.

The fascinating story told here is based on Kury's recollections of his experience. Supplemented by his personal files, extensive research in the legislative archives, and conversations with persons knowledgeable on the issues, this book is well documented with notes and appendices of significant documents. Several chapters provide detailed "inside" descriptions of how campaigns succeed and the enactment of legislation occurs. The passage of the environmental amendment, clean streams law, public utility code, floor plain and storm water management law, and the gubernatorial disability are recounted in a manner that reveals what it takes to pass such proposals. The book was published by Lehigh University Press and is available in print and electronic form through Amazon.com. Related Stories The Environmental Amendment To The State Constitution - 37 Years Later

Opinion DEP Reorganization Will Benefit State's Next Energy Revolution


By James M. Seif, Former Secretary, Department of Environmental Protection Until recently, most Pennsylvanians thought that the biggest economic story of our lifetime was our long, sad slide into the Rust Bowl. We were left to cope with old strip mines, orphaned oil and gas wells, thousands of abandoned factory sites and jobless people. But the story has now turned far more positive and faster moving but even more challenging. Timber, coal and oil now have an encore: Marcellus Shale gas has emerged as the next big driver of Pennsylvanias economy. Our first three battles with Penns Woods to extract and profit from its resources were nearly Pyrrhic victories; we injured our land, water, wildlife, air, communities and people all resources we now know have just as much long-term value as the minerals we harvested. Then, nearly 50 years ago, Pennsylvania writer Rachel Carson warned us of a coming Silent Spring, and the nation woke up and began to learn how to manage all of natures resources in ways that protected their value for the long term. No more dig-and-dump or drilland-spill. Pennsylvanians led the way, probably because of our past experience. We legislated, regulated, litigated, debated and yes, bloviated, and were still at it. But now we have built formidable legal doctrines, organizational tools and a strong public environmental ethic that shapes the discussion. Gov. Ray Shafer formed the Department of Environmental Resources in 1970, the same year that EPA was founded. One of its first missions was to implement some of the nations first new laws on coal mining and mine restoration, for which a deputy-level office was established. Just recently, in recognition of the challenges of the Marcellus Shale, the Corbett administration has taken a similar action.

It formed a new deputy-level Office of Oil & Gas Management, to give the burgeoning gas industry the responsiveness it needs to do its work, and the oversight the public demands to hold it accountable for its environmental impacts. This was part of a recently announced reorganization of DEP, and its a good first step in streamlining an agency that, in recent years, has lost its primary focus of consistently enforcing and helping our citizens comply with Pennsylvanias environmental laws. Issues of consistency have plagued the agency for years, and the new Office of Program Integration will take a birds-eye view of operations and make suggestions for streamlining operations and improving performance. It can act as a much-needed in-house consulting operation for the continuing improvement that we all would like to see. And Im especially pleased to see DEPs new Bureau of Environmental Cleanup and Brownfields bring together all of the agencys cleanup and remediation programs under one roof. For the last 15 years, since these laws were enacted by the Ridge administration, Pennsylvania has maintained its reputation as the nations leader in brownfields redevelopment. (The program won the Ford Foundation /Harvard University Most Innovative Public Program award in 1997.) In this challenging economy, its more important than ever for this initiative to stay ahead of other states when competing for limited redevelopment and investment dollars. Creating a comprehensive unit focused on environmental cleanup will give added attention to this successful job-creating program. Today, the Department of Environmental Protection wears more hats than perhaps almost any other public agency enforcer, defender, protector, scientist, educator and communicator. I believe the agencys new back-to-basics approach will enhance all of these roles and provide improved, more efficient service to Pennsylvanias citizens, business and environment. From personal experience, I can safely predict that DEPs employees will strive conscientiously to make it work well. The energy barons of the past would surely be puzzled by a government agency such as DEP, and Rachel Carson would just as surely be pleased by it. Modern Pennsylvanians should strive to make the agency even better, and our children will be glad we did so. James M. Seif is an attorney and consultant in Blue Bell. He served as secretary of the Pennsylvania Department of Environmental Protection from 1995-2001. Opportunity To Bid On DEP Stream Channel Project In Columbia County The Department of Environmental Protection published notice of an opportunity to bid on a stream channel improvement project in Columbia County. Corbett Expands Program To Deny State Licenses, Permits To Tax Delinquents Gov. Corbett published notice in the October 8 PA Bulletin of a new Executive Order 2011-6 updating and expanding a program created by Gov. Rendell to prevent the issuance of licenses and permits to individuals and business who are delinquent on their state taxes. All agencies under the Governor's jurisdiction are part of the new initiative.

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. October 10-- GreenSylvania, KAB RecycleBowl School Recycling Contest October 17-- DEP Coastal Zone Management Grants October 26-- EPA Sustainable Growth, Building Blocks Grants October 31-- CFA Business In Our Sites, PennWorks Funding October 31-- CFA Solar Energy Program Funding November 4-- NEW. Fire Company Service Grants November 30-- iConservePA CSI Pennsylvania Super Sleuth Sweepstakes! December 2-- NEW. Chesapeake Bay Watershed Groups Capacity Building Grants December 16-- Coldwater Heritage Partnership Grants December 16-- DEP Environmental Education Grants December 30-- DEP Recycling Performance Grants December 31-- President's Environmental Youth Awards -- Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial assistance for environmental projects.

Quick Clips
Here's a selection of NewClips on environmental topics from around the state-Budget A Primer On Corbett's Drilling Fee Proposal Corbett: Marcellus First, School Reform Second Counties Like Corbett's Drilling Fee Plan, Not Their Role County Commissioners Disagree With Corbett On Fee Plan County Leaders Favor Corbett's Drilling Fee, Not Process Corbett Sticking By County-Level Impact Fee Doubts Raised In Alle-Kiski Valley About Corbett Fee Proposal Governor Proposes Letting Counties Assess Gas Well Impact Fee County-Driven Impact Fee Raises Concerns Over Border Wars Corbett Unveils Shale Proposal Corbett Releases Marcellus Shale Oversight, Fee Plan Some Lawmakers Question Governor's Shale Plan Environmentalists Say Marcellus Shale Plan Falls Short Corbett Would Let Counties Impose Marcellus Shale Fee Corbett Unveils Marcellus Shale Fee Proposal Corbett To Let Counties Set Marcellus Shale Fees Corbett Announces $40,000/Well Marcellus Shale Impact Fee Drilling Fee Proposed For Pennsylvania

Reactions Mixed To Corbett's Marcellus Shale Plan Latest On Corbett's Proposed Impact Fee Some Say Proposed Drilling Impact Fee Too Limited PA Urban, Rural Interests Fight Over Proposed Shale Gas Revenues Hanna: Corbett Fee Plan Shows Lack Of Leadership Fitzgerald Wold Impose Shale Tax In Allegheny County Proposed Marcellus Drilling Fee A Bargain Next To PA API Welcomes Marcellus Shale Moves By Corbett Counties Wary Of Corbett's Drilling Plan Corbett's Gas Fee Probably A No-Go In Luzerne County Lackawanna, Luzerne Would Get Little From Corbett Fee Criticism Of Corbett Fee Plan Focuses On One Provision Drilling Fee Would Be Among Lowest In The Nation Why Lawmakers Will Likely Change Corbett's Fee Plan Debate On Shale Levy Continues Corbett's Marcellus Shale Impact Fee: Day Two Corbett's Drilling Fee Becomes Tax If Levied Statewide Reaction Pours In On Corbett's Impact Fee Plan What Happens Next On Corbett's Impact Fee? Bumsted: Crunch Time For Corbett The Rendell Legislative Playbook Column: Corbett Washes Hands Of State-Imposed Drilling Fee Op-Ed: Principles Must Lead Shale Fee Proposal Editorial: Legislature Must Adopt Better Gas Tax Plan Editorial: Reality-Free Drilling Impact Fee Editorial: Corbett's Impact Fee Is Lacking Editorial: Corbett's Marcellus Plan: One Caveat Editorial: Corbett Punts On Drilling Fees Editorial: Corbett Proposal On Shale Gas Inadequate Two GOP Legislators Make Push For Natural Gas Tax Other Face The State: DEP Secretary Michael Krancer Op-Ed: DEP Reorganization Will Benefit Next Energy Revolution Sustainable Energy Fair Slated Saturday In Ohiopyle Verdict Could Put Insurer On Hook For Nuke Settlement Sirens Around TMI To Be Replaced Weigh Energy Choices Carefully, Expert Says Energy Sector Adds $19 Billion To Western PA Economy Dauphin County Commissioners Unveil Solar Farm King Of Prussia Unveils Electric Car Charging Station Susquehanna-Roseland Power Line Will Get Federal Priority Susquehanna-Roseland Power Line Acceleration Angers Residents Editorial: Climate Twofer: Ooops! 5 Story Biowall Serves As Living Lab For Air Quality Research Congress To Take Up Waste-To-Energy Sustainability System

Recycling Rolling In The Rubber Easton's RecycleBank Incentive Program Beginning Nov. 1 Editorial: Recycling is Rewarding Enough Quarryville Will Not Enact Burn Ban Fast Times At Sustainability High PA Supreme Court Upholds Bucks Farmland Preservation Plan Allegheny Passage Trail Link Under Way Fall Banding Attracts New Enthusiast Forecast: Winter Is Coming Early Chilean Mine Disaster, Quecreek Memorial Chile Looks To Quecreek For Mining Memorial Suggestions

Marcellus Shale NewsClips


Here are NewsClips on topics related to Marcellus Shale natural gas drilling--Corbett: Marcellus First, School Reform Second A Primer On Corbett's Drilling Fee Proposal Counties Like Corbett's Drilling Fee Plan, Not Their Role County Commissioners Disagree With Corbett On Fee Plan County Leaders Favor Corbett's Drilling Fee, Not Process Counties Wary Of Corbett's Drilling Plan Corbett's Gas Fee Probably A No-Go In Luzerne County Lackawanna, Luzerne Would Get Little From Corbett Fee Corbett Sticking By County-Level Impact Fee Doubts Raised In Alle-Kiski Valley About Corbett Fee Proposal Governor Proposes Letting Counties Assess Gas Well Impact Fee County-Driven Impact Fee Raises Concerns Over Border Wars Corbett Unveils Shale Proposal Corbett Releases Marcellus Shale Oversight, Fee Plan Some Lawmakers Question Governor's Shale Plan Environmentalists Say Marcellus Shale Plan Falls Short Reactions Mixed To Corbett's Marcellus Shale Plan Latest On Corbett's Proposed Impact Fee Hanna: Corbett Fee Plan Shows Lack Of Leadership Fitzgerald Wold Impose Shale Tax In Allegheny County Proposed Marcellus Drilling Fee A Bargain Next To PA API Welcomes Marcellus Shale Moves By Corbett Corbett Would Let Counties Impose Marcellus Shale Fee Corbett Unveils Marcellus Shale Fee Proposal Corbett To Let Counties Set Marcellus Shale Fees Corbett Announces $40,000/Well Marcellus Shale Impact Fee Drilling Fee Proposed For Pennsylvania Criticism Of Corbett Fee Plan Focuses On One Provision

Debate On Shale Levy Continues Some Say Proposed Drilling Impact Fee Too Limited PA Urban, Rural Interests Fight Over Proposed Shale Gas Revenues Reaction Pours In On Corbett's Impact Fee Plan Corbett's Marcellus Shale Impact Fee: Day Two Drilling Fee Would Be Among Lowest In The Nation Why Lawmakers Will Likely Change Corbett's Fee Plan What Happens Next On Corbett's Impact Fee? Corbett's Drilling Fee Becomes Tax If Levied Statewide Column: Corbett Washes Hands Of State-Imposed Drilling Fee Op-Ed: Principles Must Lead Shale Fee Proposal Editorial: Legislature Must Adopt Better Gas Tax Plan Editorial: Reality-Free Drilling Impact Fee Editorial: Corbett's Impact Fee Is Lacking Editorial: Corbett's Marcellus Plan: One Caveat Editorial: Corbett Punts On Drilling Fees Editorial: Corbett Proposal On Shale Gas Inadequate Two GOP Legislators Make Push For Natural Gas Tax Other Marcellus NewsClips DRBC Again Delays Action On Drilling Regulations Court Case: Mineral Rights Could Apply To Shale PA Landowners File Appeal In Shale Gas Ruling Gas Drillers' Wastewater Pumped Under Ohio Drilling Boom Sparks Rise In Water Testing Researchers Study Impact Of Drilling On Stream Life Republican Wants To Improve Fracking Fluid Disclosure Gas Boom Means Little Hotel/Room Space For PA Flood Victims Op-Ed: State Parks Threatened By Marcellus Shale Drilling Op-Ed: Oil And Gas Can Help Revive The Economy Op-Ed: The Big Frack Attack Op-Ed: Gas Industry Helps Out In Time Of Need Bumsted: Crunch Time For Corbett The Rendell Legislative Playbook PA Doctors To Discuss Public Health Impacts Of Fracking Agriculture Says Frack Water Didn't Kill Calves Drilling Ban Could Lead To Lawsuits, Peters Twp. Frets Judge Rules Marcellus Shale Question On Peters Twp Ballot Natural Gas Drilling Ban Remains On Peters Ballot Chief Oil & Gas Asks Court to Speed Ruling On Lawsuit Incident On Gas Pipeline Stirs Dallas Twp Fears Drilling Waste Disposal Well Coming To DuBois Area Marcellus Shale Topic At Berks County Extension Meeting Monitoring For Water Quality Impacts Of Drilling In Delaware Shale Gas Subcommittee Says States Regulate Effectively

Marcellus Coalition Calls For Clarity In Regulation Marcellus Shale Coalition Staffs Up Range Resources: Shale Gas Producers Going Extra Environmental Mile Weigh Energy Choices Carefully, Expert Says Energy Sector Steps Up Job Effort Energy Sector Adds $19 Billion To Western PA Economy Financial Author: Oil And Gas Sticking Around A While Noble, Consol Finalize $3.4 Billion Marcellus Shale Partnership Marcellus Shale Means Big Business For Chemical Industry Chesapeake Energy CEO Talks About Fracking, Wine Collection

Watershed/Flooding NewsClips
Here are NewsClips on watershed topics from around the state-DEP's Williamsport Office To Resume Normal Schedule Flooding Corbett Urges State Hearings On Flooding Lessons Stream Cleanup Seen As Critical After Flooding Central PA Flood Repair Costs Keep Adding Up Flood-Ravaged Businesses Find Financial Assistance Lacking For Some Flood Victims, Trailers Set Up On Their Lots Quakertown Tackling Flooding Problems Municipalities Struggle To Solve Water Woes Gas Boom Means Little Hotel/Room Space For PA Flood Victims Basins Compete To Reduce Flooding In New Kensington Area USGS Plans New Susquehanna River Gage Op-Ed: Gas Industry Helps Out In Time Of Need Editorial: Improve Flow In Region's Streams Other Watershed NewsClips Trout Unlimited Abandoned Mine Program Honored For Work In PA John Riley Hailed By Brodhead Watershed Association UAJA Buys Credits To Meet Chesapeake Bay Rule Chesapeake Bay Battered By Susquehanna Flooding Is EPA Rushing Chesapeake Bay Cleanup Regulations? Sediment Is Grim Threat To Chesapeake Bay Possible Violation At Washington County Coal Refuse Site Drilling Boom Sparks Rise In Water Testing Monitoring For Water Quality Impacts Of Drilling In Delaware Researchers Study Impact Of Drilling On Stream Life Gas Drillers' Wastewater Pumped Under Ohio $380,000 In Coastal Zone Grants Coming To Erie County

Waynesboro Receives $100K To Help Divert Stormwater

Regulations, Technical Guidance & Permits


The DEP Board of Coal Mine Safety published notice of final regulations updating underground coal mine safety regulations. Pennsylvania Bulletin - October 8, 2011 Proposed Regulations Open For Comment - DEP webpage Proposed Regulations With Closed Comment Periods - DEP webpage Rolling Regulatory Agenda - DEP webpage

Technical Guidance & Permits


The Public Utility Commission published notice seeking comments on a proposed 2012 update of the Technical Reference Manual for the Energy Efficiency and DSM Rules under the Alternative Energy Portfolio Standard under a temporary order adopted on September 22. A copy of the 2012 Technical Reference Manual, the Lighting Audit and Design Tool and the Motor & VFD Audit and Design Tool are available online. Comments on the proposed changes are due October 28. The PUC also published notice of final standards and billing practices for residential utility services. The Governor's Executive Board published formal notice of the reorganization of the Department of Environmental Protection. Technical Guidance Comment Deadlines - DEP webpage Copies Of Draft Technical Guidance - 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. October 12-- Agenda Released. Public Utility Commission Special Electric Reliability & Storm Response Forum. Hearing Room 1, Keystone Office Building from 1:00 to 5:00 p.m. October 12-- House Democratic Policy Committee holds a hearing on Marcellus Shale air quality issues. Delaware County Community College. 10:00. October 12-- Agenda Released. DEP Water Resources Advisory Committee meeting Room 105 Rachel Carson Building. 9:30. October 13-- Forestry Task Force, Joint Legislative Air and Water Pollution Control and Conservation Committee, meeting Celebration Hall, 2280 Commercial Blvd., State College. 10:00. October 13-- NEW. DEP Southwest Regional Office Roundtable meeting. DEP Southwest Regional Office, Waterfront A & B, 500 Waterfront Dr. 10:30. Contact Holly Cairns at 412-442-4116 or send email to: hcairns@pa.gov. (formal notice) October 13-- Agenda Released. DEP Radiation Protection Advisory Committee meeting. 14th Floor Conference Room, Rachel Carson Building. 9:00. October 17-- Environmental Issues Forum, Joint Legislative Air and Water Pollution Control and Conservation Committee featuring a presentation by Reclamere on Pennsylvania's new electronic recycling law. Room G-50 Irvis Building. Noon. October 18-- NEW. House Tourism and Recreation Development Committee holds a hearing on House Bill 63 (Hanna-D-Centre) further providing for snowmobile registration and fees. Room B-31. 9:00. October 21-- CANCELED. Delaware River Basin Commission meeting to consider finalizing Marcellus Shale drilling regulations. West Trenton, NJ. 1:00. (formal notice) October 21-- DEP Oil and Gas Technical Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. (formal notice) October 21-- NEW. PA Energy Development Authority meeting. 16th Floor Conference Room, Rachel Carson Building. 9:00. (formal notice) October 25-- NEW. House Tourism and Recreational Development Committee holds an informational meeting on PA's Heritage Areas. Room 60 East Wing. 10:00. October 26-- DEP Ohio Regional Water Resources Committee meeting. Dogwood Forum, Sevens Springs Resort, Seven Springs. 10:00. (formal notice)

October 27-- Agenda Released. DEP Mining and Reclamation Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. November 10-- NEW. DEP Southwest Regional Office Roundtable meeting. DEP Southwest Regional Office, Waterfront A & B, 500 Waterfront Dr. 10:30. Contact Holly Cairns at 412-442-4116 or send email to: hcairns@pa.gov. (formal notice) November 21-- NEW. Delaware River Basin Commission meeting to consider finalizing Marcellus Shale drilling regulations. West Trenton, NJ. 10:00. (formal notice) December 2-- CANCELED. DEP State Board for Certification of Water and Wastewater Systems Operators meeting. It has been rescheduled to December 13. (formal notice) December 6-- DEP Oil and Gas Technical Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. (formal notice) December 13-- DEP State Board for Certification of Water and Wastewater Systems Operators meeting. 10th Floor Conference Room, Rachel Carson Building. 10:00. (formal notice) January 12-- NEW. DEP Southwest Regional Office Roundtable meeting. DEP Southwest Regional Office, Waterfront A & B, 500 Waterfront Dr. 10:30. Contact Holly Cairns at 412-442-4116 or send email to: hcairns@pa.gov. (formal notice) DEP Calendar of Events Environmental Education Workshop/Training Calendar (PA Center for Environmental Education) Senate Committee Schedule House Committee Schedule

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

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Send your stories, photos and videos about your project, environmental issues or programs for publication in the PA Environment Digest to: DHess@CrisciAssociates.com. PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department of Environmental Protection and is published as a service to the clients of Crisci Associates, a Harrisburg-based government and public affairs firm whose clients include Fortune 500 companies and non-profit organizations. For more information on Crisci Associates, call 717-234-1716.

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