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 March 7, 2011

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

The Senate Environmental Resources and Energy Committee this

week gave unanimous approval to Michael Krancer, Gov. Tom
Corbett's choice for Secretary of the Department of Environmental
Protection.
"My agency is on the forefront of protecting the public and
the environment and that is what I intend to do," said Acting
Secretary Krancer in an opening statement.
He said he would lead DEP based on three principles outlined by Gov. Corbett to all
nominees: cooperation, communication and coordination and that he would do business in an
open and transparent way with input from the public.
"We have tremendous opportunities right now in Pennsylvania. I believe strongly that
environmental protection and economic development are interdependent," said Krancer.
"Environmental regulation is not in a zero-sum contest with business in which there is the victor
and the vanquished. One need only look to the former Iron Curtain experience to prove that a
moribund economy is the enemy of environmental protection. Responsible, strong, vibrant and
growing business is the necessary engine for environmental protection and conservation."
Citing his experience as a judge on the Environmental Hearing Board which hears
appeals of decisions made by DEP, he said it was his job to hear all sides of an issue.
"As judges and as executives, we apply the law," said Krancer. "Also, it was as a Judge,
and it is now, my job to listen to all sides of an issue and all the facts and have an open mind.
Then it is my job, and our job at DEP, to make decisions. I did that for over 10 years as a judge
and I intend to do the same thing as DEP Secretary. Many of the decisions are difficult ones and
not everyone always agrees, but we have to make decisions. We owe that to the people."
Acting Secretary Krancer noted there have been problems in the past with consistency in
decision-making in the agency.
"DEP is one DEP, we are not seven DEPs. Though we have six regional offices and a
Central Office, we are one DEP. We owe it to the citizens of Pennsylvania to strive all the time
for consistency in decision-making," said Krancer.
He also spoke about the need to improve morale and attitude at DEP.
 "I am a strong believer that morale and attitude in an organization count," said Krancer.
"The growth of this Commonwealth, including every new job, every recovery of an old site,
every stream restored, has a DEP component.
"DEP personnel can and should be commended and recognized by DEP leadership and
reminded by all of us that their work is critical to both protecting the environment and economic
growth," said Krancer.
He went on to explain, "We will be a civil and respectful Department in our relationships
with the regulated community. DEP wants to, should and does work with those that we are
charged by law to regulate to achieve compliance. When there is non-compliance or violation,
or where there is a disagreement about that, we must and we do act in a manner that is based on
sound science, protects public safety and the environment, and is civil, fair, ethical and respectful
toward everyone."
Committee Chair Comments
"Pennsylvania faces a host of challenges, and opportunities, in the area of environmental
protection and energy, and I believe Michael Krancer will bring to the job a depth of knowledge
and a temperament that is widely respected in the field," said Sen. Mary Jo White (R-Venango),
Majority Chair of the Committee. "I urge my colleagues to support this nomination when it
comes before the full Senate."
Sen. John Yudichak (D-Luzerne), Minority Chair of the Committee said, “I applaud the
committee’s unanimous approval of Michael Krancer as DEP Secretary. “Michael Krancer
recognizes the importance of protecting Pennsylvania’s environment and natural resources. I am
particularly pleased that he is mindful of the natural gas and alternative energy industries coming
to Pennsylvania and what this will mean to the state.”
Sen. Yudichak added that he is hopeful that once Krancer is confirmed, he and DEP
officials will thoroughly consider the impact of the natural gas industry on Pennsylvania’s
natural resources, state parks, communities and residents.
“I am sure Michael Krancer realizes the amazing opportunities that Marcellus Shale
brings to Pennsylvania in the form of jobs and how these jobs will impact the state’s economy,”
Sen. Yudichak said. “It is also important that the environmental impact of the industry be
extensively considered as well. When he is confirmed, I look forward to working with him and
DEP on these very important issues.”
Acting Secretary Krancer commented on a number of issues in response to questions
raised by members of the Committee. Here are some highlights of those questions.

Frack Water From Drilling: In response to a question from Sen. Mary Jo White (R-Venango)
on recent articles in the New York Times on the way Pennsylvania has handled wastewater from
Marcellus Shale drilling operations, Acting Secretary Krancer said his take on the articles is that
natural gas can contribute to a clean energy future to the country, but that drilling must be done
right. He said no one disagrees with that.
He said the articles contain information he will use in evaluating the Oil and Gas
Program, but noted they contained factual errors, like the number of Marcellus Shale wells, the
number of DEP inspectors and the description of how much water is being recycled; it's actually
more than 70 percent. He also pointed out DEP did 5,000 inspections on gas wells last year
alone to enforce the state's laws and regulations.
 Krancer noted other reports published since the original article appeared have also taken
the New York Times to task on the accuracy of the articles.
On the issue of radioactivity, so called NORM (naturally occurring radioactive material)
in the wastewater, Krancer said the Total Dissolved Solids regulations adopted last year help
ensure that is not a problem (because radioactivity clings to solid particles). He did say he was
considering testing drinking water as part of the response to the issues raised in the articles.
Sen. Eugene Yaw (R-Bradford) said he considered the articles to be half-truths. He said
while the articles say frack water is being discharged, they don't say it is typically treated to
drinking water standards first. He noted he has two frack water treatment facilities in his district.
"I deal in facts, not fiction or fear," Sen. Yaw said.
Acting Secretary Krancer said he viewed it as part of his mission to get out the facts and
agreed facts, not fear must drive public discussion and decisions.
In response to a question from Sen. John Yudichak (D-Luzerne) on his support for
legislation requiring manifests to track drilling wastewater, Krancer said he is putting everything
on the table when looking at drilling or other issues.

Rescinding/Withdrawing Drilling Policies: Several Senators noted DEP has rescinded or

withdrawn several policies related to Marcellus Shale gas drilling and asked for an explanation.
Acting Secretary Krancer the policies were withdrawn for different reasons ranging from
the failure to obtain public comments before they were issued, the fact that some ran counter to
recent state court decisions and some simply didn't provide the guidance they pro ported to give.
More specifically, the Single Stationary Air Pollution Source Determination Interim
Guidance was withdrawn because it did not receive any public review and the action did not
change anything with respect to regulating air emission sources. In addition, Krancer said
decisions on these issues were guided by federal law which requires individual, case by case
decisions.
The withdrawal of the policy on implementing Section 205(c) of the Oil and Gas Act to
take the impact of well permits on State Parks and State Forest land into account was already
being done and was adopted without any public review. He added, in his opinion, the policy
went against a recent state court decision outlawing some of the provisions included in the
policy.
He noted, for clarification, the Executive Order imposing a moratorium on further leasing
of State Forest lands for drilling was not affected by any of these actions.

DEP Budget: There were several questions from Senators Yudichak and Ted Erickson (R-
Delaware) on whether DEP has adequate resources to fund the Oil and Gas Program and
programs like Growing Greener.
Acting Secretary Krancer said as drilling activity increases, he will have to look at the
adequacy of resources to fund staff for the regulatory program which are now paid for with
permit fees. He said he would expect if funding needs increase, then fees would be increased as
well.
As a reference, Krancer said DEP's overall staff complement was reduced from 3,200 to
now just over 2,600 over the last 8 years.
Krancer also noted there are opportunities to improve the effectiveness and efficiency
within the agency which will reduce staff time needed to accomplish their tasks, effectively
giving the agency a budget increase. Executive Deputy Secretary Jeff Logan, he said, was
tackling some of those issues now. He cautioned he did not want to get ahead of the Governor's
budget address next week.
Sen. Erickson said he stands ready to help DEP get the resources it needs to do its job.

Sound Science: In his opening statement and in several questions from members including
Senators Erickson, Yudichak and Daylin Leach (D-Montgomery), Acting Secretary Krancer was
asked to further explain what he meant by sound science.
Sen. Leach, who introduced Krancer at the hearing, said many times sound science has
been used as a tactic to stall debate or decisions on an issue.
Sen. Erickson asked if the Acting Secretary would support legislation the Rendell
Administration opposed to require DEP decisions to be based on sound, replicable science--
Senate Bill 136.
Sen. Yudichak asked how he would involve universities in developing the science needed
to make environmental decisions, pointing to the Institute for Energy and Environment Research
at Wilkes College.
Krancer said Gov. Corbett has talked about creating links to colleges and universities to
bring their expertise and knowledge to bear on issues state government is tackling and he
anticipates taking advantage of those links.
He also said it was a shame to be even talking about bills like Senate Bill 136, because he
believes it is such a basic principle in decision-making.
He noted to Sen. Leach that his job as a judge has been to make decisions when parties
brought experts to the table to support their position. He said sometimes its not easy to make a
decision based on sound science, but we owe it to the public to make those decisions because
that's what executives and the General Assembly does.

Chesapeake Bay: In response to a question from Sen. Elder Vogel (R-Beaver) asking for an
update on the Chesapeake Bay TMDL and where the resources will come from to help farmers
and others comply with those mandates, Acting Secretary Krancer said Pennsylvania's farmers
have done an immense job in reducing nutrient runoff and he is not convinced the state is getting
enough credit for what has been done.
In addition, he said Pennsylvania's Bay partners-- other states and the federal
government-- need to understand the Commonwealth is not like Maryland or Virginia. Our state
has over 2,600 local governments, for example, and must be treated differently.
Krancer said one of his "pet projects" will be nutrient credit trading because he believes it
makes sense to use market forces to help cleanup pollution. He noted while Pennsylvania has
made significant progress on credit trading, but it is still early in the program.

Federal Interference: Sen. Timothy Solobay (D-Washington) asked what can be done about
recent federal actions on coal mining and Marcellus Shale gas drilling that have stymied energy
development in his area.
Acting Secretary Krancer said his job is to make sure Pennsylvania's case is effectively
presented to federal partners in regulating the environment and that position must be based on
sound science.
 On the general issue of how he will be involved in driving growth in Pennsylvania energy
resources, Krancer said he will work closely with the Governor's new Energy Executive Patrick
Henderson and other agencies to set policy on energy and Marcellus Shale development.

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

The nomination now goes to the Rules and Nominations Committee and the full Senate
for a vote.
Sen. Mary Jo White serves as Majority Chair of the Committee and Sen. Yudichak serves
as Minority Chair.
NewsClips: Corbett's DEP Chief Gets Panel's Approval
Krancer Gets Environmental Committee Support
DEP Nominee OK'd By Panel
DEP Nominee Weighs Whether More Water Testing Needed
Column: Corbett's Clueless New DEP Commissioner

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

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

Day Of Reckoning Coming Says Corbett's Budget Secretary

Budget Secretary Charles Zogby told a Pennsylvania Press Club luncheon

this week, "All the one-time means, all the gimmicks have been utilized.
We've kicked the can down the road long enough. The day of reckoning
has arrived."
Secretary Zogby said the fiscal challenge facing Pennsylvania was
unprecedented and the state faces a $4 billion budget deficit.
$2.6 billion in federal stimulus funds were received by the state for
Medical Assistance, basic and higher education, Corrections and human
services that will not be available in the coming year.
Other one-time revenues sources totaling $750 million will also not
be available, pointing out budget maneuvers like taking Tobacco Settlement Fund monies and
giving it to the State Employees Retirement Fund will also not be available.
Secretary Zogby refused to comment on funding specific programs, deferring those
questions to Gov. Corbett's budget message Tuesday. But said every line item is being
considered for cuts.
He did comment on several issues--
Natural Gas Royalties: He said most people do not realize the amount of revenues that come
from Marcellus Shale drilling saying workers and businesses hired by the industry are producing
local and state tax dollars.
Combining DEP/DCNR: He said there are no plans to combine the agencies. The Governor is
trying to find the right person to fill the job of Secretary of DCNR.
Broadening The Tax Base: The challenge of no new taxes or fees laid down by Gov. Corbett
was one he accepted on becoming Budget Secretary. He said Pennsylvania is not in this
situation because taxpayers paid too little. The problem is expenditures are outpacing revenue
growth.
Privatizing Liquor Stores: It needs to be looked at in terms of what is an appropriate role for
State Government, but it will not help solve the General Fund's deficit problem. He noted there
are revenues due to the state from the current system that cannot be lost.
Medical Assistance: He recognized this as a growth area, but said one way to control costs is to
make sure people receiving benefits are actually eligible.
Pensions: He said Gov. Corbett believes contract obligations must be met and that include
pensions for state employees.
February Revenues
Pennsylvania collected $1.5 billion in General Fund revenue in February, which was
$20.7 million, or 1.3 percent, less than anticipated, the Department of Revenue reported today.
Fiscal year-to-date General Fund collections total $15.2 billion, which is $243.2 million, or 1.6
percent, above estimate.
NewsClips: Budget Secretary Says Day Of Reckoning Has Arrived
Budget Head Warns Of Sharp Cuts In New Spending Plan
Projected State Revenue A Guesstimate At Best
No Plans For DEP, DCNR Merger
Op-Ed: $300 Million Goes Uncollected From Online Retailers
Blog: New Corbett Budget Will Not Have Gimmicks Of The Past
Editorial: Brace Yourself, Corbett Cuts Are On The Horizon

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

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

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

Gov. Tom Corbett submits his first budget to the General Assembly
Tuesday in the most challenging economic conditions Pennsylvania has
faced since the Great Depression.
The state faces at least a $4 billion budget deficit next fiscal year
and Federal stimulus funds will not be available to fill budget gaps. The
new Administration already put an additional $364.3 million in state funds
in budgetary reserve, including $669,000 from DEP.
While revenue growth is 1.6 percent above estimates so far this
fiscal year, it will do little to make up for the state deficit.
Other funding gaps have also been identified.
A Legislative Budget and Finance Committee report released in March 2010 revealed
Growing Greener funding is all but depleted. Soon, as much as three-fourths of the Growing
Greener I funds will be used for debt service on Growing Greener II bonds. Funding for
Growing Greener programs are expected to drop from $200 million in 2007-2008 to as little as
$15 million in FY 2011-2012.
Growing Greener funds were used to cleanup abandoned mines, reduce nutrient runoff
from farms and plug abandoned wells that pollute over 16,547 miles of streams in Pennsylvania.
The Renew Growing Greener Coalition is calling on the Governor and General Assembly
to refund this program through a reduction of the funds pulled from the Environmental
Stewardship (Growing Greener) Fund to pay debt service, at least as a first step.
According to a new Morning Call/Muhlenberg College poll reported Friday, one option
for funding Growing Greener and environmental programs-- a severance tax on Marcellus Shale
natural gas production-- is supported by 57 percent of respondents. A severance tax is opposed
by Gov. Corbett and many in the Senate and House.
This all comes at a time when Pennsylvania is facing real and significant environmental
cleanup challenges the state cannot avoid.
For example, in December, the U.S. Environmental Protection Agency issued the final
TMDL for the Chesapeake Bay Watershed agreeing with the commitments Pennsylvania made
to cleanup the watershed. Most of those commitments are not funded.
8 Years Of Environmental Cuts
Of necessity, the budget Gov. Corbett will submit Tuesday must be looked at through the
filter of these economic conditions, but also compared to the record of the last 8 years.
For eight straight years Gov. Rendell's proposed budget included cuts for the departments
of Environmental Protection and Conservation and Natural Resources.
The FY 2009-10 budget cuts alone required DEP and DCNR to furlough or eliminate 333
full time positions. DCNR had to eliminate or reduce hours for 1,131 seasonal workers, putting
appropriations for DEP at 1994 levels and for DCNR at 1995-96 levels.
The FY 2010-11 budget preserved those cuts.
Complement levels at DEP were reduced from 3,211 in FY 2002-03 to 2,835 now, even
less if you take out the 105 positions DEP added for the Marcellus Shale drilling inspection and
permit program. 2,615 of the present 2,835 are now filled positions, the others are vacant as a
result of a hiring freeze.
In addition, over 100 DEP Air, Waste and Water Quality field staff use all or part of their
time to act as managers for federal stimulus projects, projects funded by the Energy Harvest and
PA Energy Development Authority programs taking time away from permit reviews, inspections
and compliance activities.
Complement levels at DCNR were 1,391 in FY 2002-03 to 1,389 positions of which
1,289 positions are filled.
During the last eight years of the Rendell Administration, DEP's General Fund budget
has been cut by 40.9 percent ($245.6 million to $147 million), DCNR by 23.7 percent ($108.8
million to $82.4 million) and the Department of Agriculture by 35.2 percent ($76.1 million to
$62.8 million) from the FY 2010-11 to FY 2002-03 budget.
One result of all these cuts is the permit review backlog DEP said was already building
in 2009 and in truth the last 7 years, delaying hundreds of millions of dollars in economic
development projects across the state.
Record Of Funding Cuts/Diversions
 A total of $1.3 billion has been diverted or cut from environmental programs to help
balance the state budget or to fund programs that could not get funding on their own over the last
eight years.
-- $428 million in Act 339 grants intended to support wastewater plant operations over the last
eight years were eliminated to balance the budget;
-- $143 million diverted from the DCNR Oil and Gas Fund to balance the FY 2008-09 budget;
-- $79 million cut from the DEP and DCNR General Fund budget during FY2009-10;
-- $60 million diverted from the DCNR Oil and Gas Fund to balance the FY 2009-10 budget;
-- $100 million in 2002 from the Underground Storage Tank cleanup insurance fund to balance
the budget (although this is slowly being repaid over 10 years);
-- $52.7 million “one-time” diversion from the Keystone Recreation, Parks and Conservation
Fund in 2006 to balance the budget;
-- $50 million in 2007 and 2008 from the Environmental Stewardship Fund, which supports mine
reclamation and watershed restoration, to fund the Hazardous Sites Cleanup Program because
there was no agreement on how to fund that program;
-- $121.8 million in FY 2007-08, 2008-09, 2009-10, 2010-11 from the Environmental
Stewardship Fund to pay debt service on the Growing Greener II bond issue and taking funding
away from restoration projects each year for the next 25 years – reflecting a pattern of only
environmental programs being required to address their own bond debt service;
-- $15 million from the Recycling Fund in to balance the FY 2008-09 budget;
-- $18.4 million put into budgetary reserve in 2008-09 from the Department of Environmental
Protection and Department of Conservation and Natural Resources;
-- $5 million reduction in Resource Enhancement and Protection (REAP) farm conservation tax
credit program in FY 2009-10;
-- $102.8 million cut from the DEP and DCNR General Fund budget in proposed FY 2010-11
budget;
-- $180 million diverted from the DCNR Oil and Gas Fund to General Fund in proposed FY
2010-11 budget;
-- $5.5 million reduction in Resource Enhancement and Protection (REAP) farm conservation
tax credits in FY 2010-11;
-- $5 million in additional cuts to the agencies to balance the FY 2010-11 budget;
-- $3.9 million in across-the-board cuts to help fill gaps caused by reduced federal Medicaid
appropriations-- $2.4 million from DEP, $1.5 million from DCNR; and
-- $669,000 from the Safe Water line item in DEP's budget.
Energy, Environmental Policy Choices
For more on the energy and environmental choices made over the last 8 years, see these
remarks delivered on February 26 at the Environmental Awareness Conference at Mansfield
University.
NewsClips: Budget Secretary Says Day Of Reckoning Has Arrived
Budget Head Warns Of Sharp Cuts In New Spending Plan
Projected State Revenue A Guesstimate At Best
No Plans For DEP, DCNR Merger
Op-Ed: $300 Million Goes Uncollected From Online Retailers
Blog: New Corbett Budget Will Not Have Gimmicks Of The Past
Editorial: Brace Yourself, Corbett Cuts Are On The Horizon
Links: Check The Budget Office Webpage Tuesday For Budget Details
Video- The Budget Address Will Be Carried Live By PCN

Related Story
Day Of Reckoning Coming Says Corbett Budget Secretary

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

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

Last week, the U.S. House of Representatives passed its version of a "Continuing Resolution" to
keep the federal government in business through September 30th.
As you may have read, Virginia Congressman Bob Goodlatte proposed an amendment
that would bar all federal funding for implementing the recently-released Bay “pollution diet” or
TMDL. Congressman Goodlatte’s amendment would retract all federal financial and technical
assistance for the rest of fiscal year 2011 to farmers, towns, cities, sanitation districts, and other
entities striving to reduce pollution to local waterways and ultimately the downstream waters of
the Chesapeake Bay.
The suite of programs that will be eliminated for use in the Bay watershed in
Pennsylvania is broad reaching. Included are all federal dollars distributed through PennVest,
USDA’s EQIP, WHIP, and WRP dollars, Section 319 funds, federal funding for stormwater
management, and a host of others. Please note, this amendment does not change the requirements
of the Clean Water Act, only eliminates critical resources necessary for states to meet those
requirements.
Despite the obvious controversy that ensued over the amendment as written, it passed the
House 230-195, and the “Continuing Resolution” complete with the Goodlatte language was
passed on to the Senate.
We are now at a crossroads. Implementation of the new "pollution diet" for the
Chesapeake Bay is the key to the restoration of our local waterways. The retraction of technical
assistance and financial support to local people, municipalities and businesses will put an
immense burden on the citizens of the Commonwealth.
This loss of critical federal program dollars, coupled with the dire budget realities in the
Commonwealth, may equal the single biggest setback for clean water in Pennsylvania in the last
40 years.
Please help us appeal to Senators Bob Casey and Senator Pat Toomey on this issue as the
Senate takes up the “Continuing Resolution.” Negotiations are in play now. Add your name and
organization to the letter below. We need sign-on info by noon Wednesday, March 9, 2011.
Further questions, just let me know.
 A draft letter to Senators Casey and Toomey is available online. A fact sheet on the
Goodlatte amendment is also available online.
CBF is asking individuals and groups who act on this action alert to send your name and
contact to Kim Patten, PA Outreach and Advocacy Manager, Chesapeake Bay Foundation, by
email to: kpatten@cbf.org by noon, Wednesday, March 9.
Questions? Please contact the Chesapeake Bay Foundation at 717-234-5550.
NewsClips: Farm Bureau Takes Aim At EPA Limits On Chesapeake Bay Pollutants
EPA Names New Chesapeake Bay Adviser

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Senate/House Agenda/Session Schedule/Bills Introduced

Here are the Senate and House Calendars and Committee meetings showing bills of interest as
well as a list of new environmental bills introduced--

Session Schedule

Here is the Senate and House schedule--

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

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

Bill Calendars

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

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

Committees

House: the Human Services Committee meets to consider House Bill 272 (Hess-R-Bedford)
establishing the Lyme Disease Task Force; the Environmental Resources and Energy
Committee meets to consider House Bill 608 (Brooks-R-Crawford) providing for using
bioenergy crops for reclamation of abandoned mines and House Resolution 87 (Pyle-R-
Armstrong) calling on the Region III office of the U.S. Environmental Protection to cease the
unlawful review of NPDES water quality permits; the Consumer Affairs Committee holds
informational meetings to provide an overview of the Public Utility Commission and its issues
and on the natural gas industry. <> Click Here for full House Committee Schedule.

Senate: the Appropriations Committee meets to consider Senate Bill 302 (MJ White-R-
Venango) further providing for annual reports from the Keystone Recreation, Park and
Conservation Fund, Senate Bill 303 (MJ White-R-Venango) providing for reports from the
Hazardous Sites Cleanup Fund, Senate Bill 304 (MJ White-R-Venango) requiring further public
review of state Air Quality Implementation Plans. <> Click Here for full Senate Committee
Schedule.

Other: Governor's Budget Address; Environmental Issues Forum presentation by David

Sheridan, Green Building Association of Central Pennsylvania. Joint Legislative Air and Water
Pollution

Bills Introduced

The following bills of interest were introduced this week--

Natural Gas Pooling: Senate Bill 722 (Yaw-R-Bradford) providing for company to company
natural gas pooling.

Natural Gas Severance Tax: House Bill 833 (George-D-Clearfield) providing for the
imposition of a severance tax on Marcellus Shale natural gas.

Oil And Gas Fund: House Bill 866 (Aument-R-Lancaster) requiring revenues from leasing oil
and gas minerals from any land owned by the Commonwealth, except game and fish lands, to be
placed in a new Oil and Gas Lease Fund to be used for conservation, recreation, dams or flood
control or to match any federal grants made for those purposes.

Incentives For Coal Use: House Bill 880 (Pyle-R-Armstrong) establishing a PA Coal and Air
Quality Improvement Tax Credit; House Bill 882 (Pyle) exclude coal processing from Capital
Stock and Franchise Tax.

Presumption, Gas Wells: House Bill 895 (Pickett-R-Tioga) increasing the area of rebuttal
presumption for contamination to 2,500 feet under Oil and Gas Act.

Game/Fish Commission Leasing: House Bill 897 (Causer-R-Cameron) directing 20 percent of

the revenues from mineral and timber leasing to the county in which they are generated.

Senate/House Bills Moving

The following bills of interest saw action this week in the House and Senate--

Senate

Coal/Gas Coordination: Senate Bill 265 (MJ White-R-Venango) amending the Coal and Gas
Resource Coordination Act to further provide for drilling through coal reserves was reported
from the Senate Appropriations Committee and passed by the Senate. It now goes to the House
for consideration.
"The purpose of this measure is to provide organized development between natural gas
wells and workable coal seams," said Sen. White. "Particularly with the increase in natural gas
development, Pennsylvania needs clear standards in place for the safe, ordered extraction of
these valuable energy sources."
Senate Bill 265 amends the Coal and Gas Resource Coordination Act to create adequate
and safe spacing between gas well clusters and workable coal seams. No permit for a gas well
covered by the act would be issued unless the well cluster is located at least 2,000 feet from the
nearest well cluster, unless the permit applicant and the owner of the workable coal seam consent
in writing.
Under the bill, absent an agreement, either the coal operator or the well applicant may
activate a dispute resolution process to resolve the spacing issue.
 The bill also requires the department to commission an independent study, funded by the
industry, update the Joint Coal and Gas Committee Gas Well Pillar Study. The study would
assess appropriate pillar size around an active/inactive well or well cluster to protect the
workable coal seam and ensure the safety of coal miners, as well as any additional criteria or
standards that should be considered by the department.

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

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

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

House

Clean And Green: House Bill 144 (Pickett-R-Bradford) further providing for corrective
language regarding when roll-back taxes are due when an oil or gas well is drilled on enrolled
land was reported from the House Appropriations Committee, passed by the House, but the vote
was reconsidered so the bill is still on the House Calendar for action.
“If a property is enrolled in the state’s Clean and Green program and a part of that land
contains a gas or oil well, taxes are due on that particular portion of land that cannot be used for
agricultural purposes,” Rep. Pickett said. “However, there has been uncertainty on when those
roll-back taxes should be applied.”
“To clarify state law, my legislation changes the time when roll-back taxes and fair
market value assessment can be applied to when a well production report is submitted to DEP,”
she said, noting that roll-back taxes and fair market value assessment will continue to be limited
to the area of land that does not comply with Clean and Green uses.

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

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

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

Main Street Program: House Bill 295 (Freeman-D-Lehigh) further providing for the duration
of Main Street Program grants was reported from the House Local Government Committee and
Tabled.
"Unfortunately, we have seen in numerous cases that the current five-year time frame to
turn around a traditional downtown is often too short," Rep. Freeman said. "A community just
begins to see the progress brought on by Main Street initiatives only to see the plug pulled
prematurely. This can cause the community's downtown revitalization momentum and success to
suffer. Allowing participating communities to continue in the program for up to an additional
five years can help ensure success in their downtown revitalization."

News From The Capitol

Senate Passes Bill On Spacing Gas Wells And Coal Seams

Senate Bill 265 (MJ White-R-Venango), amending the Coal and Gas
Resource Coordination Act to further provide for drilling through coal
reserves was reported from the Senate Appropriations Committee and
passed by the Senate.
"The purpose of this measure is to provide organized development
between natural gas wells and workable coal seams," said Sen. Mary Jo
White. "Particularly with the increase in natural gas development,
Pennsylvania needs clear standards in place for the safe, ordered extraction
of these valuable energy sources."
Senate Bill 265 amends the Coal and Gas Resource Coordination Act to create adequate
and safe spacing between gas well clusters and workable coal seams. No permit for a gas well
covered by the act would be issued unless the well cluster is located at least 2,000 feet from the
nearest well cluster, unless the permit applicant and the owner of the workable coal seam consent
in writing.
Under the bill, absent an agreement, either the coal operator or the well applicant may
activate a dispute resolution process to resolve the spacing issue.
The bill also requires the department to commission an independent study, funded by the
industry, update the Joint Coal and Gas Committee Gas Well Pillar Study. The study would
assess appropriate pillar size around an active/inactive well or well cluster to protect the
workable coal seam and ensure the safety of coal miners, as well as any additional criteria or
standards that should be considered by the department.
It now goes to the House for consideration.

House Committee Hears Overview of Water, Wastewater Industries

The House Consumer Affairs Committee this week held an informational meeting about the
water and wastewater industries.
Kathy Pape, PA Chapter-National Association of Water Companies and PA American
Water, provided an overview of the private water service industry in the state. Pape said funding
sustainable water infrastructure was the most pressing issue for her industry pointing to the
report issued by the PA Sustainable Water Infrastructure Task Force estimating the need for
$113.6 billion in water infrastructure investments over the next 20 years.
Pape also expressed concerned for funding and staff levels at the Department of
Environmental Protection saying implementation of 17 new drinking water regulations since
1996 has put a strain on the agency. In addition, Pape said the state should adopt additional
protections to deal with the impacts of Marcellus Shale drilling on drinking water supplies.
Also providing testimony were Karl Kyriss, President Aqua Pennsylvania and Sonny
Popowsky, Pennsylvania Consumer Advocate.
Rep. Bob Godshall (R-Montgomery) serves as Majority Chair of the Committee and Rep.
Joseph Preston (D-Allegheny) serves as Minority Chair.

Fish & Boat Commission Stresses Need For Funding To House Committee

Fish and Boat Commission Executive Director John Arway formally

presented the agency’s 2010 Annual Report to the House Game and
Fisheries Committee this week. In his remarks, Mr. Arway noted the
PFBC’s commitment to its five-year strategic plan, highlighted
accomplishments from the past year, and continued to emphasize the need
for alternative funding to implement the agency’s mission.
Commission President William Worobec played a major role in the
strategic planning process and has been a strong advocate for using the
plan to guide agency decision-making.
“When the Board of Commissioners approved the five-year strategic plan in July, we told
Director Arway that we expected him to use the plan daily as a guide for how he allocates staff
time and budgets,” he said. “Executive Director Arway and the rest of the team have done a great
job of focusing on the priorities laid out in the plan, tracking time and effort, and keeping the
Commissioners, the angling and boating public, and our other partners apprised of progress in
achieving our stated goals.”
As soon as (and, in some case, before) the plan was adopted, the PFBC began
implementing activities to further the seven major issues and associated goals identified in the
plan. Highlights from 2010 ranged from expanded efforts to survey previously unassessed
waters to document the presence of wild trout to the completion of management plans, applied
research, and on-the-ground projects targeting specific waterways, habitats, and game and non-
game species.
The PFBC also took steps to better understand Pennsylvania’s anglers and boaters and
improve their connection to the water. At the same time that it was looking outward toward
aquatic resources and its customers, the PFBC also took steps to evaluate, optimize, and improve
agency operations, including information technology, property and infrastructure management,
and human resources.
During his remarks to the House Game and Fisheries Committee, Mr. Arway spent
considerable time explaining the activities that he, other staff, and Commissioners undertook in
the past year to help ensure the financial stability of the PFBC.
“When I assumed this position one year ago, I told you that one of my top priorities was
to find a source of alternative funding to implement our mission on behalf of current and future
generations and the aquatic resources we are entrusted to serve,” Mr. Arway said. “It is no
coincidence that the pursuit of innovative funding is also a foremost goal of our strategic plan.”
“Fishing licenses, boat registrations, and federal funding tied to fishing and boating were
sufficient to sustain our operations in the past. But, expanded responsibilities, coupled with a
downward trend in license sales that gets worse and worse with every license increase, have
gotten us to the point where we can no longer expect anglers and boaters to foot the bill for the
services we provide to all Pennsylvanians,” added Mr. Arway.
“We will continue to push for alternative funding in 2011, including compensating the
Commonwealth for the consumptive use and degradation of water, reimbursing the PFBC for the
services it provides to all Pennsylvanians and businesses, and allowing for the issuance of
creative license packages designed to retain and recruit anglers,” he said.
The PFBC 2010 Annual Report and its Strategic Plan can be found on the agency’s
website.

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

Eighty House members this week urged Gov. Tom Corbett not to lease any more State Forest
land above the Marcellus Shale for natural gas drilling because "all of the remaining unleased
acreage is environmentally sensitive and drilling will have irreversible and harmful
consequences."
The letter was signed by 79 House Democrats and one Republican, Rep. Kate Harper (R-
Montgomery).
"About 725,000 of the 1.5 million acres of state forest above the Marcellus Shale play are
already available to gas drillers, and that's too much," said Rep. Greg Vitali (D-Delaware). "The
remaining acreage includes old growth forests, high-value ecosystems and habitats for rare and
endangered species."
The letter was sent less than a week before the governor's budget address. A recent news
report said Corbett may propose leasing a large part of the remaining 800,000 acres of forestland
above the Marcellus Shale, and allow legislators to reduce it to 50,000 or 100,000 acres.
"It is important that we approach the issue of leasing additional public lands from an
environmental perspective, rather than a budgeting perspective," said Rep. Mike Hanna (D-
Centre). "Even though expansion of the natural gas drilling industry could provide an economic
boom to Pennsylvania, our state forests remain an irreplaceable natural resource, and the leasing
of additional, environmentally-sensitive lands could have harmful and irreversible
consequences."
"While we don't want Pennsylvania to be left behind in terms of the energy and jobs that
natural gas drilling can provide, ravaging our state forests isn't the way to go," said state Rep.
Eugene DePasquale (D-York). "Without the right balance, this will no doubt destroy our tourism
industry in the long term, hurting many small businesses in rural Pennsylvania."
"The environmental degradation that gas drilling has already caused in Pennsylvania has
gotten national attention in recent days," said Rep. Tim Briggs (D-Montgomery). "To open up
more forest land for drilling would be irresponsible stewardship of our public lands. The
negative impact that these policies will have for our communities is great, and the impact on our
state's image will be great. The nation is watching what we do here in Pennsylvania."
 "It seems far more logical for the Commonwealth to generate revenue while protecting
the environment through the drilling tax bill Representative Vitali has proposed than to destroy
state forests with additional leases," said Rep. Michael Gerber (D-Montgomery).
Pennsylvania is the only major natural gas producing state that does not have a drilling
tax or fee.
The lawmakers in the letter reminded Corbett that drilling has a substantial impact on the
quality of state forests. It requires millions of gallons of chemically-treated water, the clearing of
land, construction of pipelines, water impoundments and access roads, and hundreds of truck
trips.
Additional leases of state of state forest land would adversely impact hunters, fishers,
environmentalists, hikers, campers, horseback riders, mountain bikers, and the 70,000
Pennsylvanians employed in the forest products industry, the lawmakers wrote.
"We have the responsibility to maintain the quality of the remaining 800,000 acres that
lay above the Marcellus Shale region not only for us, but for future generations as well," the
lawmakers wrote. "We urge you to protect this acreage by keeping it free of drilling and related
development."
Rep. Vitali plans to introduce legislation next week that would put a three-year
moratorium on additional leases for natural gas drilling in state forests. A version of the bill
passed the House with bipartisan support last year, but it stalled in the Senate.
Former Gov. Ed Rendell eventually signed an executive order that put a moratorium in
place, after leasing 137,000 acres of State Forest Land for Marcellus Shale drilling.
A copy of the letter is available online.

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

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

with local municipal officials to solicit feedback on his plan to create a
Marcellus Municipal Co-op program to better deal with natural gas issues
within the region.
The meeting will be held starting at 6:30 at the Canon-McMillan
High School. Doors open at 6 p.m. and the public is invited to attend and
offer their comments.
"Like any industry, danger is always a factor for those involved
with Marcellus Shale drilling; however, we must continue doing what we
can to ensure the safety and well-being of our local communities," Rep. White said. "When the
public hears about accidents like the one at Avella last week, they have questions and concerns
about their safety and if regulations are being adhered to. State and local officials should work
together with drillers to mitigate the public's concerns with drilling.
"I want to be clear that the MMC program is neither pro-drilling nor anti-drilling," White
emphasized. "This is about finding more efficient and effective ways to carry out our core
responsibilities as elected officials, not promoting any sort of political or social agenda."
Rep. White said last week, a storage tank caught fire at a Chesapeake Appalachia natural
gas well site in Avella, injuring three workers and alarming neighboring residents. He added that
another minor incident occurred this week involving a small fire at a nearby compressor site.
 "I'm asking my local municipalities who have gas drilling within their borders to consider
forming a Marcellus Municipal Co-op program to help provide better local oversight of natural
gas drilling sites and open the lines of communication between them," Rep. White said.
"Incidents within the past week at local gas sites have proven that while the industry has its place
in our region, we have to be absolutely sure that our communities remain safe."
Under his co-op plan, participating municipalities could work together to hire a natural
gas enforcement officer, who would visit drilling and natural gas compression sites within that
municipality, enforce the local ordinances on a regular basis and respond to concerns in a timely
manner. In addition, the MMC would provide a forum for municipalities to communicate their
needs and remain educated in dealing with gas-related issues.
"There can be no denying that we are at the epicenter of Marcellus Shale drilling, and
whether we like it or not, the entire nation is now focused on how our corner of Pennsylvania is
dealing with this rapidly expanding industry," Rep. White said. "I firmly believe each
community should chart its own path on how to handle drilling inside its borders; however, I
believe enabling municipalities to better communicate and pool resources only makes sense."

House Environmental Committee To Consider Bioenergy, NPDES Legislation

On March 9 the House Environmental Resources and Energy Committee is set to consider
legislation to encourage the use of bioenergy crops to reclaim abandoned mine lands and to urge
the U.S. Environmental Protection Agency to cease overview of NPDES permits in the state.
The bills include:
-- House Bill 608 (Brooks-R-Crawford) providing for using bioenergy crops for reclamation of
abandoned mines; and
-- House Resolution 87 (Pyle-R-Armstrong) calling on the Region III office of the U.S.
Environmental Protection to cease the unlawful review of NPDES water quality permits.
Rep. Scott Hutchinson (R-Venango) serves as Majority Chair and Rep. Bud George (D-
Clearfield) serves as Minority Chair of the Committee.

March 7 Environmental Issues Forum Features Presentation On Green Buildings

The Joint Legislative Air and Water Pollution Control and Conservation Committee March 7
Environmental Issues Forum will feature a presentation by David Sheridan and Mark Lambdin
of the Green Building Association of Central Pennsylvania.
Mr. Sheridan and Mr. Lambdin will discuss the mission and activities of the Green
Building Association of Central Pennsylvania and highlight current trends in the green building
industry regionally and statewide.
They will also examine the forest product industry’s involvement with and opportunities
in today’s green building standards and how the industry could increase its participation in green
buildings. The presenters will also offer suggestions on legislative and regulatory initiatives that
could advance the green building industry.
The Forum will begin at noon in Room G-50 Irvis Building.
Rep. Scott Hutchinson (R-Venango) serves as Chair of the Joint Committee.

Sen. Yaw Introduces Bill To Protect Water Resources From Drilling

Sen. Gene Yaw (R-Bradford) has introduced a measure to further
strengthen regulations pertaining to the natural gas industry and ensure that
additional safety measures are implemented to protect Pennsylvania's
water resources.
Senate Bill 601 would increase the distance that a natural gas
drilling company would be presumed liable for any contamination of a
water supply within a year after completion or alteration of a well within
1,500 to 2,500 feet. The legislation would also further increase the
horizontal distance from a Marcellus well and an existing building or water
supply from 200 feet to 500 feet.
"The environment is our life support-system, and we must ensure its protection," said
Sen. Yaw. "These increases will provide important and necessary safeguards for landowners
within impacted areas."
In addition to the setbacks, permit applicants are required to forward a copy of the plan
to:
-- The surface landowner;
-- Coal owner if coal rights have been severed from the surface;
-- All surface landowners within 1,500 to 2,500 feet of the Marcellus well location; and
-- The municipality where the proposed well is located and a municipality within 2,500 feet from
the proposed Marcellus well location.
Senate Bill 601 would allow the department to establish additional protective measures
for the storage of hazardous chemicals or material intended to be used on the well-drilling site
within 500 feet of any such stream, spring, body of water, or wetland. It would specifically take
into account if the storage affects sources used for public drinking water supplies or whether the
proposed well location is within a flood plain.
The legislation would also require the department to ensure that a restored or replaced
water supply meets applicable water quality standards consistent with the Safe Drinking Water
Act, the Pennsylvania Safe Drinking Water Act and pre-drilling or alteration water quality
standards as determined by the department.
Additionally, the legislation would also ensure that a facility which seeks a National
Pollutant Discharge Elimination System (NPDES) permit for treating and discharging
wastewater from oil and gas activities is operated by a competent and qualified individual.

Bill To Require Enhanced Marcellus Wastewater Radiation Testing

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

introducing legislation aimed at ensuring Pennsylvania's drinking water
remains free of radioactive material.
"A February 27 article in the New York Times determines that
there is a lack of radiation testing at 65 public water intakes downstream
from releases of Marcellus drilling wastewater," Rep. George said. "This is
unacceptable, and I intend to correct this perceived problem as soon as
possible."
 Rep. George said that besides dozens of chemicals, salts and chlorides, drilling
wastewater that returns to the surface may contain naturally occurring radioactive material –
NORM – which may pose a risk for the public if the wastewater is not properly treated to remove
the hazard.
"According to another New York Times article, an early draft of a 2004 study by the
Environmental Protection Agency discussed potentially dangerous levels of contamination in
hydrofracking fluids and mentioned 'possible evidence' of contamination of an aquifer," Rep.
George said.
"The final version of the report excluded these points, concluding instead that
hydrofracking 'poses little or no threat to drinking water,'" Rep. George said. "EPA documents,
available on the Times website, indicate EPA officials also were considering a moratorium on
hydrofracking."
The final report was softened considerably due to industry and political pressure,
according to an EPA whistleblower who spoke to the New York Times.
Both the acting Secretary of the Department of Environmental Protection and his
predecessor have indicated that radiation testing of this water is worthy of consideration.
The bill would mandate additional testing both before and after treatment, but always
before it is released into waterways used for drinking supplies. The testing would be paid for by
the gas companies but performed by independent and certified water-testing companies.
"I am currently seeking co-sponsors for my legislation and anticipate introducing the
measure soon," Rep. George said. "This is not what people want to think of in terms of 'hot
water.'"

News From Around The State

Western PA Conservancy And Dominion Award Watershed Mini Grants

The Western Pennsylvania Conservancy and Dominion recently awarded over $30,000 to
watershed groups in 26 counties in western Pennsylvania and 1 county in West Virginia as part
of their Watershed Mini Grants Program.
Throughout the country, watershed groups are playing an increasingly prominent role in
environmental management. With their local focus and community base, watershed groups are
building consensus and expanding participation within communities across Pennsylvania.
It is not uncommon for organizations to operate on an annual unrestricted budget of less
than $5,000, while at the same time implementing $100,000 projects that directly benefit
communities and the environment.
Currently, much of the unrestricted funding available to watershed associations is derived
from membership dues and small fundraising events. Unfortunately, this funding seldom covers
all remaining costs for the state or federal grant-funded projects they are working to complete.
Additionally, many grant programs permit only a small percentage of their funding to
address administrative costs.
The watershed groups awarded a Watershed mini grant include:
Aultman Watershed Association for Restoring the Environment (AWARE)
Blackleggs Watershed Association Incorporated
Brownsville Area Revitalization Corporation
Bucktail Watershed Association
Casselman River Watershed Association
Chartiers Creek Watershed Association
Chest Creek Watershed Alliance
Chestnut Ridge Chapter of Trout Unlimited
Clearfield Creek Watershed Association
Cornplanter Chapter of Trout Unlimited
Cowanshannock Creek Watershed Association
Crooked Creek Watershed Association
Elk County Freshwater Association
Evergreen Conservancy
First Fork Sinnemahoning Watershed Association
Friends of the Cheat
Genesee Headwaters Watershed Association
Jacobs Creek Watershed Association
Juniata County Conservation District
Ken Sink Chapter of Trout Unlimited
Kettle Creek Watershed Association
Montour Run Watershed Association
Sewickley Creek Watershed Association
Shoups Run Watershed Association
Trout Unlimited Eastern Abandoned Mine Program
Upper Allegheny Watershed Association
Upper Mon River Association
Washington County Watershed Alliance
Wells Creek Watershed Association
Financial support for this project is provided by the Dominion Foundation which is
dedicated to the economic, physical and social health of the communities served by Dominion
companies.
This grant program was administered by the Western Pennsylvania Conservancy in its
commitment to protecting and restoring exceptional places to provide our region with clean
waters and healthy forests, wildlife and natural areas for the benefit of present and future
generations.

Spotlight

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

Acid mine drainage from abandoned coal mines impaired the aquatic life designated use in the
Johnson Run watershed. As a result, the Department of Environmental Protection placed the
main branch of Johnson Run and more than 17 miles of contributing tributaries on the state's
2004 Clean Water Act section 303(d) list of impaired waters because of low pH and elevated
manganese levels.
 Treating AMD and surface runoff from mining waste piles significantly improved water
quality in much of the watershed and restored the aquatic life designated use. Consequently, DEP
intends to remove eleven segments within the Johnson Run watershed (the main branch and 14.9
miles of tributaries) from the 2012 CWA section 303(d) list of impaired waters.
Problem
Johnson Run is a headwater stream in the Ohio River
watershed (Figure 1). It originates in northern Elk County in
northwestern Pennsylvania and flows into the East Branch of the
Clarion River downstream of East Branch Dam. This area has been
subject to strip mining and deep mining for coal since the late
1800s, although there are currently no active mines in the
watershed.
Discharges from old deep mines are the most significant source of AMD to Johnson Run,
followed by runoff from unreclaimed surface mining activities. Discharges from these sources
have caused pH and metal levels in the waterbody to exceed water quality standards.
As a result, the Pennsylvania DEP placed numerous segments within the Johnson Run
watershed on the state's 2004 CWA section 303(d) list of impaired waters because of low pH and
high levels of manganese.
To meet the state's standards, the pH must stay above 6.0 standard units and manganese
concentrations (total 30-day mean) may not exceed 1.00 milligrams per liter (mg/L).
Project Highlights
In the late 1990s, a local watershed group formed to
improve water quality in East Branch Lake and its surrounding
waters, including Johnson Run. The group, known as the Elk
County Fishermen, implemented a number of projects to clean up
AMD, concentrating their efforts on East Branch Lake tributaries
and Johnson Run.
In 2002 an environmental consulting firm (Hedin
Environmental) developed a restoration plan for East Branch Lake and Johnson Run. The plan
outlined the steps necessary to restore the impaired waterbodies and bring back healthy fish
populations.
In 2002 project partners installed a passive treatment system on a Johnson Run tributary
to treat flow from an abandoned deep mine that generates the watershed's primary source of
AMD. The treatment system, which consists of vertical flow ponds, limestone-lined channels,
flush ponds, holding tanks and wetlands, collects and treats two separate discharges from the
abandoned deep mine.
In 2003 another method of treatment was implemented to treat surface sources of AMD.
Runoff from pyritic spoil piles (mine waste with high levels of pyrite, a rock composed of iron
and sulfur) and surface mines contributed to water quality degradation in Johnson Run.
To address these surface sources, project partners mixed alkaline residuals (limestone and
paper fines) from the Weyerhauser paper mill's wastewater treatment plant with the pyritic spoil
piles to neutralize the pH.
The partners then applied a thick layer of residuals and seeds to the surface of the piles.
The layer supported the growth of dense vegetation, which has helped to prevent pollution by
reducing oxygen and water infiltration, both precursors to acid formation.
 Results
Adding the upstream passive treatment system on the
abandoned deep mine and treating the surface runoff from pyritic
spoil piles significantly improved water quality in the watershed
(Figure 2). Data collected at the mouth of Johnson Run show a rise
in pH, from an average of 5.2 standard units in 1998 to 7.3
standard units in 2007. In addition, the data show that average
30-day manganese concentration declined to 0.08 mg/L. Both
parameters now meet water quality standards.
The treatment systems remain in place and continue to improve water quality. The data
from biological monitoring conducted in 2010 (Figure 3) show that a healthy fish population has
been restored and Johnson Run now supports its aquatic life designated use.
Based on these water quality improvements, DEP intends to remove 11 segments of
Johnson Run (including the main branch and more than 14.9 miles of tributaries) from the state's
CWA section 303(d) list of impaired waters in 2012.
Partners and Funding
The Elk County Fishermen and the North Central Pennsylvania Regional Planning and
Development Commission used $407,000 in Growing Greener and Watershed Restoration and
Partnership Act funds to build the passive treatment system.

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

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

The 13th Annual PA Abandoned Mine Reclamation Conference dates are set for August 4-6 at
the Best Western Genetti Inn & Suites in Hazleton. This year's theme is "Working Together for
Innovation and Success."
The Conference will kick off on August 4 with a Pre-Conference Tour of Anthracite
Region Abandoned Mine Drainage passive treatment systems. The tour will be followed by the
15th Anniversary Dinner and Fundraiser for the Eastern Coalition for Abandoned Mine
Reclamation.
Artwork commissioned by local artists and created utilizing recovered iron oxides
harvested, collected, and processed by the EPCAMR staff, will be auctioned off.
Tentatively, plenary speakers are set to include: Michael Krancer, acting Secretary of the
Department of Environmental Protection, David Hess, former DEP Secretary, and Andrew
Heath, Executive Director of Renew Growing Greener Coalition.
Conference Agenda
The Conference presentations will begin on the morning of August 5 and will conclude
on August 6 at noon.
Twenty-two presentations will be divided into two tracks to run simultaneously with a
half-day workshop on Grant Writing and one on the use of the website Datashed including
creating projects and sample points and uploading water quality data.
The presentations will vary from topics such as the Marcellus Gas Drilling and ties to
AMD / mine pool use, successful TMDL implementation, coal mining history, watershed
implementation projects utilizing landscape architecture, developing Qualified Hydrologic Unit
Plans, mine pool mapping, sustainable alternative energy initiatives, showcases of successes in
AMD treatment, partnerships between watershed groups and industry, geothermal projects
utilizing underground mine pools, operation, maintenance and repairs of AMD treatment
systems, the status of State funds for maintaining existing AMD treatment systems, and future
coal market predictions in Pennsylvania.
The Conference's Annual Mayfly Award will be presented at a formal dinner on August
5. The Mayfly Award is presented to those individuals who exhibit long-term efforts in
addressing mine drainage remediation projects in Pennsylvania.
Soliciting Presentations
Presentation submissions pertaining to the theme and topics listed above are being
accepted through April 30. Submissions should contain a Name, Affiliation, Biography,
Presentation Title, and Abstract and be sent by email to: rhughes@epcamr.org.
Presentations selected for inclusion in the conference will be notified on or around May
31.
Professional development hours will be offered to conference attendees. Presenters at the
Conference are eligible to receive additional credits.
Discounted block room rates are available at the Best Western Genetti Inn & Suites in
Hazleton for $70 plus taxes until June 30.
The conference planning committee plans to offer scholarships for travel and/or
conference registration to representatives of non-profit watershed organizations, historic
preservation societies, and conservancy groups. Please be aware that financial assistance will
only be granted on a reimbursement basis, as funding allows.
Sponsorships
The opportunity to sponsor this year's Conference is offered at the following levels:
Platinum ($2500+), Gold ($1000+), and Silver ($500). Details of the benefits of each of the
levels of Sponsorship can be found on the Sponsors Page. A sponsorship wish list for expenses
such as the Pre-Conference Tour, meals, and entertainment will be posted soon.
Exhibitor spaces, near the hustle and bustle of conference happenings, are available at a
fee of $200-$400. Non-profit, community groups, student poster presentations, historic
preservation groups, and watershed groups will be allowed to exhibit for free, however, will not
have access to electricity.
Additional Conference Information can be found at the Conference website. We are
continuing to update the website, so check back frequently for more information as it becomes
available.

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

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

The U.S. Environmental Protection Agency’s mid-Atlantic region announced this week
American Rivers has been selected to oversee $1.8 million in environmental grants for projects
benefiting communities and rivers in specific parts of Maryland, Pennsylvania, Virginia, and
West Virginia that comprise the Potomac Highlands.
 The competitive grant program will support quality of life improvements in Potomac
Highlands communities and protect the valuable ecosystems, some of which host the most
diverse and globally important resources on Earth.
Projects in Adams, Bedford, Franklin, Fulton and Somerset counties will be eligible.
“The Potomac Highlands is a unique area that needs our attention. Many people have
contributed their time, energy and ideas in developing a strategic plan for this area including U.S.
Fish and Wildlife Service, our state partners and a whole host of organizations,” said EPA
Regional Administrator Shawn M. Garvin. “Great work has already been accomplished in the
Highlands and with American Rivers on board, this awards programs will provide a significant
boost in remediating and restoring this valuable ecosystem.”
Under a cooperative agreement with EPA, American Rivers will design and implement a
competitive awards program designed to fund approximately 10 projects with between $150,000
and $300,000 each. All projects must be located within the Potomac Highlands and must
specifically and measurably protect, improve, and/or restore the valuable ecological resources
and services of the Potomac Highlands ecosystem.
A formal grants solicitation will be published later this year. The deadline for proposals
is expected to be in August.
To date, 20 educational and restoration projects have been implemented. For more
information, visit the Potomac Highlands Grants webpage.

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

The Student Conservation Association and PA American Water, in partnership with the U.S.
Environmental Protection Agency’s WaterSense Program, have launched the Save Water Today
public service campaign.
Save Water Today is an integral component of American Water’s year-long consumer
education campaign promoting water efficiency and water source protection to help mark the
company’s 125th anniversary.
With 36 states expected to face serious water shortages by 2013, water conservation is an
increasingly critical concern for our country.
The PSA campaign comprises a quartet of public service announcements (PSAs) that
bring together Saturday Night Live alums Rachel Dratch and Horatio Sanz, Diane Neal (formerly
of Law & Order: Special Victims Unit), and 16-year-old national surfing champion Lakey
Peterson to promote household water conservation.
All the featured actors generously donated their time and talents. In each 30-second
announcement, the uninvited – but not entirely unwelcomed – celebrity appears in someone’s
home to deliver practical, actionable tips to viewers.
In “Dishwasher,” Dratch catches Jenny, played by Gretchen Egolf (Martial Law,
Journeyman), in her bathrobe just in time to save her from running a dishwasher that isn’t full –
but not until after Dratch has scoured the home for other items to add to the washload.
Sanz ambushes a wet Brian, played by Kurt Braunohler (Comedy Central Presents) in
“Shower,” stopwatch in hand, to let him know that he’s at 40 gallons and counting.
In “Faucets,” the unsuspecting Oliver family (Andrea Rosen, Matt Higgins and Jack
Gore), quietly watching television, finds Neal sharing their bowl of popcorn and lecturing them
in legal fashion on the water they could save by replacing their worn washers.
 Finally, in “Toilet,” Peterson drops in on an apartment full of her surfer-dude fans (Max
Carpenter, Ben Hollandsworth and Jordan Augustyn) and makes her way to the lavatory to make
water-saving adjustments in their tank.
At the conclusion of each spot, viewers are directed to SaveWaterToday website for
additional water-saving tips.
Keeping with the “green” theme, the PSAs were filmed on location, courtesy of The
Visionaire condominium, in Manhattan’s Battery Park City neighborhood. Developed by the
Albanese Organization, the LEED Platinum-certified Visionaire is the greenest residential high-
rise in the U.S. and a model for future urban developments nationwide.
To view the PSAs and learn more water saving tips go to SaveWaterToday website.

Spotlight

Discovery Watersheds: Think Spring, Think Rain Gardens

It’s the middle of winter and temperatures seem to keep dropping,

but now is the perfect time to start thinking spring! What better
way to survive the rest of this winter than by thinking warm spring
thoughts – flowers blooming, butterflies fluttering, and gardens
thriving. Time to plan your rain garden.
Rain gardens are one form of “green landscaping,” which is
a way of designing beautiful and healthy places to live while
reducing environmental harm, saving time and money, and providing a habitat to wildlife.
Green landscaping encourages natural landscapes that are less dependent on pesticides,
fertilizers, and labor. This saves time and money when compared to maintaining a more formal
landscape. Green landscapes provide habitats for more wildlife, require less frequent use of
equipment that cause air pollution, and improve water quality by managing storm water runoff.
When it rains, rainwater flows over roofs, yards, and paved surfaces. As it does, it picks
up a variety of pollutants, including fertilizers, pesticides, oil, trash, and animal waste. As it
flows to our water sources, the rainwater mixed with these pollutants can be unhealthy and
detrimental to people and wildlife.
The primary function of rain gardens is to protect communities from this polluted runoff.
Rain gardens slow the flow of storm water, and filter pollutants before they are washed into our
rivers and streams.
“The primary purpose of rain gardens is to catch the first flush of toxins and other
pollutants off a road, parking lot, or roof, and protect our drinking water and children from
environmental pollution,” says Bryce Davis, owner of The Plant Place and Davis Organics in
Elizabethtown, Pa. Along with these water quality benefits, use of native plants in rain gardens
creates wildlife habitat and adds beauty to your backyard.
A rain garden is very similar to a traditional garden with a few main differences. It should
be located in an area that can intercept storm water runoff flowing from your property. The
ground should be slightly indented so that the water can flow into and fill the garden. It should
be able to drain the collected water over several hours to several days, and it should contain
plants that can handle being soaked with water.
 When planning your rain garden there are several key details to consider, including
garden size, soil type, location, design, and plant types. The size of the garden should be
proportionate to the area from which the garden will collect runoff.
A larger area from which runoff is collected should result in a larger garden that can hold
and drain more water. Sandy soils will drain faster, so less surface area is necessary, while
clayey soils drain more slowly, which will require a larger garden for more water storage.
The location of the garden should be on the downhill side of a property where water
naturally flows, or where it can be diverted by a downspout. It is crucial that the garden is
located at least 10 feet from building foundations, underground utilities, and septic units to avoid
creating new problems on your property.
When selecting a garden design, it may be helpful to refer to the Low Impact
Development Center, which provides templates for home landscaping. Here you can choose from
various rain garden designs based on your own local region of the greater Chesapeake Bay
Watershed.
The templates even provide suggestions for plants. Plants native to the region are best,
especially those accustomed to wetter soils, which have already adapted to the region’s climate
and soil conditions, and are likely to thrive with minimal care. Native plants of the Mid-Atlantic
region suggested for rain gardens can be found at the Native Rain Garden site.
New to rain gardening and uncertain how your garden will behave? “It may be advisable
to plant a seed mix that contains 30 or more species of plants,” suggests Karl Kerchner of the
Lebanon County Conservation District. “If planted and maintained correctly, something is very
likely to thrive."
"If an individual has a bit of willpower, and does not mind getting a bit dirty, he or she
can construct a beauty of a rain garden within a weekend, with not all that much effort,” notes
Kerchner. “Such facilities may be easily constructed, maintained and enjoyed by nearly
anyone.” Homeowners should consult a professional or carefully follow a complete and
comprehensive guide to ensure proper design, construction, and function.
We all live downstream. Water pollution affects the entire community, as well as
surrounding communities, but each additional rain garden created can help reduce the amount of
pollution reaching local streams and improve the water quality.
“Sustainable is not good enough, restorative [action] is needed,” notes Davis. “That is
why we need rain gardens – to help restore our watersheds.” We can all contribute to making a
difference, one rain garden at a time.
To learn more, consider attending a Rain Garden Workshop. County Cooperative
Extension, Conservation Districts and other conservation organizations may offer these
workshops in your area.
For more information, visit the Penn State Extension Discovery Watersheds webpage.

Care And Repair Of Farm Lanes, Driveways Subject Of March 29 Westmoreland

Workshop
 The Westmoreland County Conservation District will hold a
workshop on March 29 on best practices for effective farm lane
and driveway care and repair at the District Office in Greensburg.
Ruts. Wash-outs. Mud. Winter's snows and spring’s
heavy rains and flooding can take a heavy toll on unpaved
driveways, farm lanes, and access roads.
The one-hour workshop also will show how to reduce the
flow of water on your road surface so that you have less maintenance and fewer problems in the
future.
The workshop will be held from 7:00 p.m. to 8:00 p.m. at the Westmoreland
Conservation District, 218 Donohoe Road, Greensburg.
The cost is $5 and pre-registration is required. To register and pay, go online and scroll
down to the workshop summary.

FOW, Local Businesses Partners To Preserve Wissahickon Valley Park

The Friends of the Wissahickon are partnering with local businesses and organizations to raise
funds for the preservation of Wissahickon Valley Park in Montgomery County and generate
interest in environmental issues.
The Struggle for Nature in the City on March 23 is a panel discussion exploring the
idea of sustaining natural lands within the matrix of an increasingly pervasive urban landscape.
Paul Meyer, Executive Director of the Morris Arboretum, will moderate the panel.
Distinguished panelists include: Drew Becher, President, Pennsylvania Horticultural Society;
Michael DiBerardinis, Parks and Recreation Commissioner, City of Philadelphia; Carol Franklin,
prominent landscape architect and co-author of Metropolitan Paradise; and Alex Garvin, noted
New York urban park expert and author.
The discussion will begin at 7:30 p.m. and takes place at the Free Library of Philadelphia,
1901 Vine Street. For more information call 215-686-5322.
An accompanying exhibition, designed and presented in conjunction with the newly
released four-volume book, Metropolitan Paradise: The Struggle for Nature in the City,
Philadelphia's Wissahickon Valley from 1620-2020, written by Carol Franklin and David
Contosta, will be on display in the Main Lobby of the Free Library until April 15.
Feastahickon, on March 30, will give patrons of Valley Green Inn the opportunity to
support the preservation of the Wissahickon Valley. Valley Green Inn will donate 10 percent of
their gross sales on March 30 to Wissahickon Valley Park.
Members of Friends of the Wissahickon will still receive their 10 percent discount, or
they can choose to donate it back to FOW. Bring your receipt to FOW and redeem it for $5 off a
new memberships or a $5 discount on Metropolitan Paradise: The Struggle for Nature in the
City. Philadelphia’s Wissahickon Valley, 1620-2020.
Reservations at Valley Green are suggested. Call 215-247-1730 or visit the Wissahickon
Valley website.
Throughout the spring, FOW will be partnering with local restaurants to raise funds in
support of Wissahickon Valley Park. On select days, these restaurants will donate a portion of
their profits to support the ongoing restoration and preservation of the Wissahickon.
To stay posted on these and other upcoming events at the FOW website.
DRBC Adds 30 Days To Comment Period For Proposed Drilling Rules

The Delaware River Basin Commission this week announced the period for submitting written
comments on the proposed natural gas development rulemaking will be extended an additional
30 days through the close of business (5 p.m.) April 15. The comment period was to have ended
March 16.
“The Commissioners announced the extension at their March 2 public business meeting
held in West Trenton in response to numerous requests,” DRBC Executive Director Carol R.
Collier said. “This will provide additional time for the public and government officials to study
the proposed regulations and offer written technical comments.”
The vote approving the 30-day extension was four (Delaware, New Jersey, New York,
and the federal government) to one (Pennsylvania). The Pennsylvania representative said there
was more than adequate notice and information available on the proposed regulations and an
extension was not needed.
The Commissioners also instructed DRBC staff to immediately begin sorting and
processing the approximately 2,500 comments received to date.
The purpose of the proposed regulations is to protect the water resources of the Delaware
River Basin during the construction and operation of natural gas development projects. The draft
regulations establish requirements to prevent, reduce, or mitigate depletion and degradation of
surface and groundwater resources and to promote sound practices of watershed management.
Written comments will be accepted by two methods only: Electronic submission using a
web-based form available on the DRBC website (preferred method); or pPaper submission
mailed or delivered to: Commission Secretary, DRBC, P.O. Box 7360, 25 State Police Drive,
West Trenton, NJ 08628-0360. Please include the name, address, and affiliation (if any) of the
commenter.
Comments that are faxed, telephoned, or emailed to individual DRBC Commissioners
and staff will not be accepted for the rulemaking record.
All written comments submitted via the two methods described above that are received
prior to 5 p.m. on April 15 along with the transcript of the oral testimony presented at the public
hearings held February 22 and 24 in Honesdale, Pa., Liberty, N.Y., and Trenton, N.J. will
become a part of the rulemaking record and be considered by the Commissioners prior to any
action on the proposed regulations. Such action will be taken at a duly noticed public meeting of
the Commission on a future date.
For more information, visit the DRBC Natural Gas Development Regulations webpage.
A formal notice of the proposed rulemaking was published in the PA Bulletin March 5.
NewsClips: DRBC Adds 30 Days To Drilling Comment Period
Urban Uprising? Philadelphia Holds Hearing On DRBC Drilling Rules
DRBC Holds NJ Hearing On Drilling Regs

Tioga County Commissioners Oppose Groundwater Withdrawals For Marcellus Shale

Drilling
Saying groundwater withdrawals for drilling Marcellus Shale gas wells
"have the potential to impact our water resources negatively," all three
Tioga County Commissioners wrote to the Susquehanna River Basin
Commission in January opposing any new use of groundwater to support
drilling.
Commissioners Sue Vogler, Mark Hamilton and Erick Coolidge
(photo) said they "would do everything in their power to protect our water
resources and in particular groundwater. We rely on this resource for our continued well being."
Noting environmental groups, municipal officials and the public have expressed their
concerns about future groundwater withdrawals and the Marcellus Shale industry has told them
they do not need potable water for hydro-fracking, the Commissioners said there are abundant
surface water resources available to support drilling.
In addition, the letter said many municipalities have entered into agreements to use the
excess capacity of public water systems to support the industry.
"There is sufficient surface water and excess municipal capacity to meet the needs to
complete the wells drilled to tap the Marcellus, especially in light of the move to recycle and
reuse the return fluids for fracking other wells."
The Commissioners provided more specific comments opposing two applications for
groundwater withdrawal on Tioga State Forest land in Ward Township and in Blossburg
Borough.
The letter concluded, "We would expect the SRBC to take these comments into account
during the review process and will continue to support the excellent work you are doing to
protect the water resources of the basin."
A copy of the letter is available online.

PA Water Environment Assn. Marcellus Shale Conference March 8-9

Mansfield University will host the PA Water Environment Association Marcellus Shale
Conference on March 8-9 in Mansfield, Pa.
This specialty conference will be presented with the objective of providing a forum for
sharing information related to water management associated with the Marcellus Shale Gas
Industry.
The PWEA consistent with its Mission to enhance the knowledge and abilities of
Pennsylvania's wastewater professionals, promote sound water policies and promote public
awareness of the need to protect water quality will bring together in forum presentation, experts
and professionals to provide insight into Marcellus Shale activities. Vendor displays and exhibit
area will be used to encourage networking and facilitate communications.
For more information and to register, visit the Conference webpage.

Save The Date: Sportsmen Marcellus Shale Summit Set For June 4 In Johnstown

The Sportsmen Alliance for Marcellus Conservation is sponsoring a Marcellus Shale Summit on
June 4 at the University of Pittsburgh campus in Johnstown.
 In the heart of the Marcellus Shale region, sportsmen and women, and conservation
groups are working together to identify and propose solutions to mitigate the impacts from gas
drilling and hydraulic fracturing on hunting, fishing and trapping experiences.
The groups in the Alliance include: Trout Unlimited, The Izaak Walton League, Quality
Deer Management Association, PA Council of Trout Unlimited, The Wildlife Society, Theodore
Gordon Flyfishers and the New Jersey State Council of Trout Unlimited.
More information will be available on the Alliance website.

Opinion

PEC: Pennsylvania Needs A Comprehensive Marcellus Shale Strategy

In response to recent developments on Marcellus Shale natural

gas issues, Paul M. King, President of the Pennsylvania
Environmental Council, issued this statement--

Marcellus Shale continues to dominate the news due to a series of unfortunate events at well sites
in western Pennsylvania, national questions regarding the safety of the hydraulic fracking
process, and recent policy withdrawals made by the Department of Environmental Protection
(DEP).
The most recent well site accidents underscore the fact that even with the best regulations
in place, failures of technology and human error are inevitable and can lead to significant
impacts. But Pennsylvania cannot yet lay claim to the best regulatory program for this industry.
Well sites are located in myriad settings throughout the state – near homes, sensitive natural
resources, and public recreation areas, to name just a few – and each individual drill site itself is
a large scale operation connected into a large stream of infrastructure and activity.
The calls for better management aren’t merely voices of dissent. They reflect a high
degree of genuine concern from throughout Pennsylvania and point to a compelling need for
rigorous controls that will guarantee public safety, environmental protection, and calm the fears
of communities statewide.
The industry needs to be a leader in implementing better management practices for the
full life cycle of well operations, and in several instances it has done so. The industry,
communities, and landowners have every incentive, and should be given every opportunity, to
work proactively on not just mitigating adverse impacts, but preventing them.
But the key ingredient is government regulation. Evidence from other deep shale states
proves that effective state regulations are essential to better industry management, and in its first
two months the new Administration and General Assembly have already taken a few actions.
One such action in particular is DEP’s decision to withdraw recent guidance on avoiding
impacts to state forest and park land, and how best to approach air pollution controls for deep
shale gas production.
Some have argued that these policies should be withdrawn for reasons of parliamentary
procedure, potential redundancy, or even overall legal validity. We believe those arguments
miss the point, and significantly ignore the bigger picture on the hearts and minds of the people
of Pennsylvania.
 Marcellus Shale has already proven that it can transform Pennsylvania’s natural and built
environment. Citizens, communities, representatives from the industry, agency leaders, and
members of General Assembly all recognize that more needs to be done to shape Pennsylvania’s
public policies and management programs. The growth of the industry over the coming decades,
including development of deeper shale gas reserves in generations to come, demand that the
actions we take today don’t lead us in a backward direction in the future. Pennsylvania must
learn from its mistakes of the past, not repeat them.
We are greatly concerned about the push to further open our most precious public lands –
gained and cultivated for more than a century on the back of incalculable public and private
investment – for a short-term revenue need. Polls have shown that it is the will of the people of
Pennsylvania to protect our state parks and forests from gas exploration and drilling. There are
other solutions to the Commonwealth’s revenue problem. While shale gas development might
make sense on some state lands, and existing leases should be honored, there simply should be
no further exploration or development in state forests or parks whenever possible.
We have long recognized the imperative of managing the growth of a Marcellus Shale
gas industry, and yet Pennsylvania still lacks a comprehensive approach and commitment to this
challenge.
When the Pennsylvania Environmental Council (PEC) released its Marcellus Shale
Policy Report last year – a report derived from open discussions with citizens, industry leaders
and policy makers – we laid out the specific needs that had to be addressed and cautioned that
the time to realize this commitment is now. Since then, we have seen incremental
improvements to the regulatory program, but much works remains to be done.
Governor Corbett has stated his intention to create an open Marcellus Shale Commission
to aggressively and holistically address policy, information, and outreach needs. PEC supports
this initiative, but we again stress that the time to realize this commitment is now. The most
recent piecemeal actions of DEP reflect the problems with Pennsylvania’s current, uneven
approach.
We cannot continue to ignore the need to act, and to do so in comprehensive fashion with
robust public input. We are obligated to future generations to take the necessary steps now to
ensure economic prosperity, public health and safety, and environmental protection.

PennDOT Invites Volunteers To Join Spring Cleanup Effort

PennDOT is encouraging Pennsylvanians to help beautify

the state through the Great American Cleanup of PA, which
runs through May 31, acting PennDOT Secretary Barry J.
Schoch, P.E., said.
"Pennsylvania is very fortunate to have thousands
of volunteers who turn out every year to clean up our communities and roadsides," Acting
Secretary Schoch said. "These dedicated individuals help keep Pennsylvania beautiful and save
taxpayers' money with their efforts to clean up after careless people who litter."
A listing of cleanup events, resources for organizing a cleanup, and other information
about the effort is available online. Groups interested in adopting a section of highway are
encouraged to contact their local PennDOT county maintenance office and ask for the Adopt-A-
Highway coordinator.
 More than 186,000 volunteers cleaned 19,373 miles of roads, trails and shorelines in
Pennsylvania during last year's Great American Cleanup event, collecting 12 million pounds of
trash. Of the cleanup's totals, PennDOT's Adopt-A-Highway program volunteers accounted for a
record 12,278 miles cleaned with their efforts. These volunteers collected 3.7 million pounds of
litter.
The 7,128 groups in the Adopt-A-Highway program, with their 130,730 volunteers, have
two-year commitments and have adopted 16,475 roadway miles. PennDOT requires that Adopt-
A-Highway volunteers complete four cleanups per year, and the groups are encouraged to join in
the Great American Cleanup of PA. Emphasis is placed on yearly Pick It Up PA days, which will
run from April 16-30 this year.
PennDOT provides gloves and safety vests for Adopt-A-Highway and Great American
Cleanup of PA groups. Also visit the Keep Pennsylvania Beautiful website for more information
on preventing litter, cleaning it up and keeping areas clean.
NewsClip: Illegal Dumping Remains A Headache For Erie Officials

PA's RecycleBank Tops Wall Street Journal's List Of Top Green Companies

Recyclebank, a green lifestyle community that rewards people for taking everyday green actions,
this week announced it has taken the top spot on the Wall Street Journal's prestigious ranking of
the Top 10 Clean-Tech Companies.
The ranking was announced Wednesday at the Journal's ECO:nomics Executive
Conference in Santa Barbara, Calif., a forum for the world's top CEOs, entrepreneurs,
policymakers and industry experts to assess the risks and opportunities emerging within the
environmental sector.
As part of the recognition, Recyclebank has also been named to the Journal's "Next Big
Thing" ranking of the top 50 U.S.-based venture-backed companies across all industries, which
will be published on March 10.
RecycleBank started in Philadelphia with a pilot program which tripled recycling rates
and collections in a pilot area of the City in 2005.
The Top 10 Clean-Tech ranking seeks to identify green companies with the greatest
potential to succeed in an increasingly competitive sector. Recyclebank tops the list among 500+
other U.S.-based venture-backed businesses in clean technology and was selected based on a
rigorous process that reviewed amount of capital raised in the past three years; track records of
the executive team, managers and investors; percent change in its valuation in the past 12
months; and finally, which company offers the best odds for success.
"Recyclebank is off to an incredible start this year: we've launched a new and improved
online customer experience and developed an innovative plan to counterbalance landfill. The
recognition by the Wall Street Journal as the number one company in clean technology adds to
our momentum and we are simply thrilled," said Jonathan Hsu, CEO of Recyclebank, from the
ECO:nomics Conference. "We firmly believe that motivating consumers to take small green
actions can have a significant and long-lasting impact on the environment. This recognition
empowers us to continue our mission of realizing a world without waste."
In addition to attending the ECO:nomics Conference, Hsu will take part on the panel,
"Uncovering The Next Big Thing," on March 4, moderated by Wall Street Journal's Deputy
Managing Editor Alan Murray.
 Recyclebank has 165+ employees and investors include Generation Investment
Management, Kleiner Perkins Caulfield and Byers, Paul Capital Investments, Physic Ventures,
RRE Ventures, Sigma Partners and The Westly Group.
For more information, visit the Recyclebank website.

Applications Now Being Accepted For EPA Environmental Education Grants

The U.S. Environmental Protection Agency is accepting grant applications for $1.9 million in
funding for environmental education projects and programs.
Applications are due May 2. EPA will hold two conference calls with potential
applicants to answer questions about the program.
The purpose of the grants is to promote environmental stewardship and help develop
knowledgeable and responsible students, teachers and citizens. EPA expects to award at least 20
grants nationwide ranging from a minimum of $15,000 to a maximum of $100,000.
The grants provide financial support for innovative projects that design, demonstrate,
and/or disseminate environmental education practices, methods, or techniques. Projects should
involve environmental education activities that go beyond disseminating information.
EPA will be hosting two conference calls for potential applicants interested in additional
information about the application process. The conference calls will take place on March 21 at
11 a.m. Eastern Daylight Time and April 6 at 2 p.m.
To participate in the conference calls, dial: 1-866-379-5082, and use conference ID
number: 48699133 for the call on March 21. Use conference ID number: 48696117 for the call
on April 6.
The Environmental Education Grant Program provides funding to local education
agencies, state education or environmental agencies, colleges or universities, not-for-profit
organizations, or noncommercial educational broadcasting entities. Tribal education agencies,
which are controlled by an Indian tribe, band or nation, may also apply, including a school or
community college.
Since the program began, EPA has provided more than $50 million in funding to more
than 3,000 agencies and organizations.
For more information on eligibility and application materials, visit EPA's Environmental
Education Grants webpage.

March Issue Of Environmental Ed Connections Newsletter From PCEE

The March EE Connections newsletter is now available from the PA Center for Environmental
Education. Here are just some of topics covered in this month's newsletter--

General News: Marcellus Shale Citizens' Guide Released, REEC Changes Name to 'The
Outdoor Classroom,' Friends of TREC Group Solicits News for Publication, Registration Open
for the Great American Cleanup of PA

K-12 News: PA Envirothon is May 24-45; Volunteers Needed, PA Game Commission Offers
'Seedlings for Schools' Program, NAAEE Publishes Early Childhood Programs Guidelines,
Volunteers Needed for Children's Water Festival, Creek Connections Student Research
Symposia Scheduled

Higher Education News: PSU Receives Marcellus Shale Research Grant, West Chester U.
Recognized with Green Business Award, Penn Seeks LEED Gold with Joe's Café

Professional Development for Educators: Registration Now Open for the 2011 PAEE
Conference, RiverQuest Offers Professional Development Workshops, Nominations Open for
Richard C. Bartlett Award

Other Professional Development: Pitt's Mascaro Center Offers Sustainability Conference,

PRPS Conference Brings a 'Recreation Revolution,' Pittsburgh Hosts Permaculture Public
Lecture and Workshop, Clean Technology Forum Scheduled for March 28

Grants and Awards: TreeVitalize Pittsburgh Applications Due March 25, WREN Community
Watershed Education Grants Available, PAW Accepting Applications for Environmental Grant
Program, EE Grants Abound in Bradford County, More Than $2 Million Available for CARE
Program

Contributions welcome! The Center receives news and information from a variety of
sources across Pennsylvania and beyond. We appreciate all of the organizations, agencies and
individuals who provide EE services and share their relevant information.
If you would like to contribute to future issues of EE Connections, please submit your
article before the 15th of the month. Articles should be of statewide interest and are subject to
space availability.
Share EE Connections! If you know of others who would appreciate receiving EE
Connections, please complete the online form or call 724-738-9020. To see all of the resources
available on the PCEE website.

EPA Summer Environmental Program Seeks Philadelphia Area 7th Graders

The U.S. Environmental Protection Agency is accepting applications for current seventh-grade
students in the Philadelphia metropolitan area to participate in a unique six-week summer
Student Environmental Development Program.
Applications are due April 22.
Schools may nominate up to three seventh-grade students to participate in the 2011
Student Environmental Development Program, which focuses on environmental education,
leadership development, and college preparation. Parents or guardians may submit applications
on their own, but all applicants must have a recommendation from the student’s school.
EPA will select participants based on the student’s academic achievements, attendance,
conduct, and interest in math, science, human health, and the environment. The program runs
July 6 through August 22. Classes will be Monday through Friday from 8:30 a.m. to 2:00 p.m. at
EPA’s regional office at 1650 Arch Street, Philadelphia. Hours are extended on days when there
are field trips.
 EPA will announce selections by May 10. Please do not submit applications for students
with scheduling conflicts. Students can miss no more than two days of class.
The program focuses on teaching students about environmental issues and helps them
develop communications and leadership skills. It also includes several field trips, and culminates
with teams of students creating skits about environmental or health-related topics.
For more information, visit the Student Environmental Development Program webpage
or contact Ellen Lucchetti at 215-814-3287 or by sending email to: lucchetti.ellen@epa.gov.

Peregrine Falcon Educator Workshop April 12 in Harrisburg

Join the Game Commission, Department of Environmental

Protection and ZooAmerica for a free WILD in The City: Peregrine
Falcons Workshop from 9:00 a.m. – 3:00 p.m. on April 12 at the
Rachel Carson State Office Building in Harrisburg, PA.
Workshop participants will explore the successes of
peregrine falcon reintroduction in Pennsylvania; examine falcon
specifics and endangered species concepts; and observe falcons in
Harrisburg. Participating teachers are eligible for 5.0 Act 48 credit hours.
Since 1997, a pair of Peregrine Falcons have made their home on a ledge off the 15th
Floor of the Rachel Carson State Office Building. This year, there is a new female in the nest
who arrived in September.
The workshop will feature a number of peregrine falcon experts, including PGC
ornithology biologist Dr. Art McMorris, ZOOAMERICA Education Coordinator Elaine Gruin,
DEP Environmental Educators Jack Farster and Ann Devine, Project WILD Coordinator Theresa
Alberici and others.
Space is limited, so registrations will be accepted on a first-come, first-service basis.
Those who have not attended this workshop in the past will be given first consideration; those
who have will be placed on a waiting list.
To register for the Peregrine Falcon Workshop, educators should contact DEP’s
Environmental Education and Information Center at 717-772-1644 or send email to:
adevine@state.pa.us by April 5.

EPA Invites Students To Participate In Earth Day Poster Contest

The U.S. Environmental Protection Agency is co-

sponsoring an Earth Day Poster Contest for
students in kindergarten through grade 12 in EPA’s
mid-Atlantic region, which includes Delaware,
Maryland, Pennsylvania, Virginia, West Virginia
and the District of Columbia.
Entries must be postmarked no later than
Earth Day, April 22.
Students are invited to submit hand-created
drawings on plain letter-sized paper using markers, colored pencils, crayons, pens and/or paint.
Computer-generated images will not be accepted.
 Students can choose one of the four themes: Protect Habitats, Endangered Species; Help
Protect the Earth from Climate Change; The Meaning of Earth Day; and Bays, Estuaries, Oceans
and Coasts.
Entries will be divided into four categories: K-2nd grade; grades 3-5; grades 6-8; and
grades 9-12. The top three winners in each category will receive prize packages. Winning
entries and others will be displayed at various locations throughout the region including EPA’s
Public Information Office. Posters will also be posted on EPA’s website.
The back of the poster should include the competition theme, name, age, school name,
grade, parent/guardian’s name, address, telephone number and email.
The contest is co-sponsored by EPA, the U.S. Forest Service, the National Park Service,
U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the
Philadelphia Zoo and the National Aquarium at Baltimore.
Entries must be mailed to: Earth Day Poster Contest (3PA00), U.S. EPA Region 3, 1650
Arch Street, Philadelphia, PA 19103
For more information, download the contest announcement or call 215-814-5100 or send
email to: EarthDay@epa.gov.

Have You Or Your Students Answered The Environmental Question Of The Week?

Every week the PA Center for Environmental Education offers a Question of the Week for
students in grades K-12 on a variety of environmental topics.
If students answer six questions correctly during the semester, they will be eligible for
this year's prizes. Prizes will be awarded in May.
For more information, visit the PCEE Question of the Week webpage.

No Student Left Inside Workshop Set For April 2 In Lycoming County

The PA Association of Environmental Educators and the Department of Environmental

Protection is sponsoring a No Student Left Inside Workshop for educators on April 2 at the
Schneebeli Earth Science Center in Montgomery, Lycoming County.
For more information, download the Workshop registration form.

New PA Health Website Launched To Track Environmental Health Information

The Department of Health this week launched a new website for the Pennsylvania
Environmental Public Health Tracking Network, or PA EPHTN, allowing the public to track
health challenges and environmental-related diseases such as asthma.
“Keeping Pennsylvanians safe from potential environmental health hazards remains a top
priority for the Department of Health,” said acting Secretary of Health Dr. Eli Avila. “This new
website contains important information to help the public identify potential environmental health
threats and will ultimately allow individuals and communities to make better-informed public
health decisions.”
The PA EPHTN website is a groundbreaking environmental health tool that is part of a
national initiative supported by the Centers for Disease Control and Prevention, or CDC, to help
states gather more information about the environment’s impact on health.
 The website provides health information and data along with explanations about what the
data means. Users can also search for information about the data including its source, ownership
and dates of creation.
Information will be provided on public health topics and their significance to
Pennsylvanians, including: cancer, vital statistics, lead poisoning, air quality, water quality,
asthma and heart attacks. In the near future, the system will also provide information on carbon
monoxide poisoning, pesticides, toxic chemical releases and arsenic in groundwater.
“Pennsylvania’s tracking network aims to dramatically reduce the time it takes the
Department of Health and Pennsylvania Department of Environmental Protection to detect
emerging environmental public health threats, including disease clusters, and to respond to
community concerns,” added Dr. Avila.
Pennsylvania is one of 23 states and the city of New York to receive this type of funding
from the CDC.
For more information about the Department of Health’s EPHTN Program webpage. For
more general background on tracking environmental health data, visit the CDC’s National
Environmental Public Health Tracking Network webpage.

Montgomery Correctional Facility To Reduce Energy Costs

Honeywell this week announced it is helping the Montgomery County Correctional Facility in
Eagleville, Pa., upgrade its infrastructure, and save almost $2.5 million in estimated utility and
operating costs.
The $2.4-million energy conservation and building modernization program, which is
backed by the American Recovery and Reinvestment Act, will enable the 600-bed correctional
facility to reduce water and energy consumption, and strengthen safety and security for staff and
inmates.
To finance the critical building improvements, Montgomery County is using an Energy
Efficiency and Conservation Block Grant, part of the stimulus package that allocates money
specifically for projects designed to improve energy efficiency in local communities. Honeywell
guarantees the subsequent savings under a 10-year performance contract — freeing up funds in
the county's operating budget.
"Finding the resources to address energy and infrastructure concerns while maintaining
the safety of our staff and prisoners is an ongoing challenge," said Julio Algarin, Montgomery
County Correctional Facility warden. "Working with Honeywell, we were able to identify a path
that allows us to address both objectives in a fiscally responsible way."
As part of the project, Honeywell will install a new water management system for the
facility that will enable prison personnel to more effectively control water use. For example,
correctional officers will be able to monitor and turn off water flow to an individual cell before
entering it, minimizing potential safety risks and reducing prisoners' ability to discard
contraband.
The Honeywell Enterprise Buildings Integrator — an automation platform that integrates
core building technologies — will give staff a comprehensive, graphical view of the system,
increasing efficiencies and water savings.
Honeywell will also install high-efficiency water fixtures across the facility, including
new faucets and aerators in administrative areas, and toilets in prisoner cells. Additionally,
Honeywell will upgrade controls in the kitchen to optimize vent hood operation and cut
electricity use.
The improvements are expected to decrease annual water use by 20 million gallons,
nearly 30 percent of the facility's consumption and enough water to fill more than 110 Olympic-
size swimming pools. Having to produce less hot water will also require 41,000 fewer therms of
natural gas per year.
In addition, the kitchen and other air-handling control upgrades will save an estimated
170,000 kilowatt-hours of electricity and 11,500 therms of natural gas annually. Combined, the
improvements will decrease carbon dioxide emissions by approximately 380 metric tons each
year. According to figures from the U.S. Environmental Protection Agency (EPA), this is
equivalent to removing almost 70 cars from the road.
"Making the most of stimulus funding through a performance contract can be a powerful
tool in reducing energy consumption and costs, and shrinking carbon footprints," said Paul
Orzeske, president of Honeywell Building Solutions. "Honeywell has a long track record of
helping organizations find the mix of conservation measures that not only deliver environmental
benefits, but also maximize the return on investment."
The building modernization program is just the latest in a number of steps Montgomery
County has taken to implement its Greenhouse Gas Reduction Project, a comprehensive energy
conservation effort that has been underway since 2008.
Honeywell expects to complete the upgrades in the first half of 2011. The company and
correctional facility are also planning additional upgrades and improvements, which are expected
to start by year's end.

Turn Out Your Lights On Earth Hour, March 26

Billed as the largest voluntary event ever witnessed, Earth Hour will be observed on Saturday,
March 26 at 8:30 p.m. (local time) with millions of people around the world turning off their
lights in celebration of the one thing we all have in common – our planet.
Gather friends or family for this simple act that saves energy, reduces pollution, and
nurtures a conservation spirit. When the lights go back on, think about what else you can do to
make a difference.
Save the date and sign up now.

Thanks To Odwalla Contest, PA's State Parks Will Be Greener

The final tally is in, and because of tremendous support from its citizens, Pennsylvania finished
in second place in the Odwalla Plant a Tree campaign that ended in December.
Pennsylvania State Parks will have $30,656 for plantings. Each vote resulted in one
dollar to purchase trees. Look for opportunities to plant the real trees this spring and fall at a state
park near you. And gear up for another friendly competition, because Odwalla announced its
commitment for a 2011 tree campaign.

Key Property Along Loyalhanna Creek Acquired By Western PA Conservancy

 The Western Pennsylvania Conservancy has permanently protected
another high-priority property in the Ligonier Valley-- 36 acres in
Cook Township, Westmoreland County which includes several
small wetlands and 1,900 feet of stream frontage along Loyalhanna
Creek in the Ligonier Valley.
The newly conserved land lies in close proximity to 3,000
acres of conserved land within the upper Loyalhanna Creek
watershed. The Conservancy’s purchase expands protection of this scenic section of the Laurel
Highlands and further protects Loyalhanna Creek, a long-term conservation priority for WPC.
“With nearly 2,000 feet of stream frontage, this property will have a direct, positive
impact on water quality in the headwaters of Loyalhanna Creek,” said Laurel Highlands Program
Director Mike Kuzemchak.
Permanent conservation of this land expands protection of the Ligonier Valley, a high-
priority conservation region for the Western Pennsylvania Conservancy, said President and CEO
Thomas Saunders.
“The Ligonier Valley’s beautiful farms, unspoiled character, rolling landscape and
productive farmland make this region a treasure,” said Saunders. “The Conservancy has full-time
staff focused just on land protection in the Valley, where we’ve conserved over 8,000 acres, and
the Laurel Highlands, where we’ve protected almost 80,000 acres.”
The Conservancy intends to sell the Cook Township parcel, with restrictions, to a
conservation buyer and would hold a conservation easement on the property. A conservation
easement is a legal agreement between a private landowner and WPC that limits future uses of
the land in order to protect its conservation values.
“The conservation easement on the property will ensure that future generations will be
able to enjoy its natural beauty,” said Kuzemchak.
Proceeds from the sale of this property would be used to support additional conservation
work by WPC in the Ligonier Valley.

Game Commission Urges Support For Wildlife Housing Issues

As development continues to take over wildlife habitats, the Game Commission’s Howard
Nursery has a way for wildlife enthusiasts to help support wildlife housing needs without having
to apply for a second mortgage. The agency’s Howard Nursery is selling a variety of wildlife
nesting structures for several species of birds – from bluebirds to flickers, from ducks to owls –
as well as housing boxes for bats and squirrels.
“According to Pennsylvania’s Wildlife Action Plan, development consumes more than
300 acres of Pennsylvania’s landscape per day,” said Carl G. Roe, Game Commission executive
director. “Although we can’t keep pace with losses caused by urban and suburban sprawl, the
Game Commission is working hard to preserve and improve habitat on its more than 1.4 million
acres of State Game Lands and other public and private lands.
“For years, our Howard Nursery has been constructing a number of different wildlife
nesting structures for placement on State Game Lands and to provide to private landowners
enrolled in the agency’s three cooperative public access programs. To enable private landowners
to lend a hand to wildlife, we also are offering for sale a variety of nesting boxes, beyond the
popular bluebird boxes.”
 Homeowners – the human kind, that is – can view the entire selection of nesting
structures for sale on the Game Commission’s website (www.pgc.state.pa.us) by clicking on
“General Store” in drop-down menu bar under the homepage banner, clicking on “Howard
Nursery” and then choosing “Wildlife Homes Order Form.” The two-page brochure and order
form list the nesting structures by habitat type, to guide landowners in determining which nesting
structure is best suited for their property.
Available nesting structures, listed by habitat types, along with the approximate size (in
inches) and prices, are as follows:
Open Land or Woodland Margins – American kestrel box, 24x12x10, $20; gray and fox
squirrel box, 22x12x13, $31; bluebird, chickadee or wren box, 14x6x8, $9; northern flicker box,
32x8x12, $40; bat box, 36x25x10, $95; or winter roosting box (can be used by chickadees,
wrens, nuthatches, titmice, woodpeckers or bluebirds), 30x10x12, $30.
Hardwood Forests – barred owl box, 33x18x16, $50.
Farmlands or Open Lands – barn owl box, 41x17x12, $55; northern flying squirrel, 9x9x13,
$25.
Wetlands and Associated Uplands – wood duck box, 31x12x12, $31; or mallard duck box,
24x13x13, $27.
Prices listed do not include shipping/handling costs, which range from $9 to $22 per unit,
plus applicable state sales taxes. All boxes come assembled and with instructions on where and
how to place. The bluebird, chickadee, wren nesting box can be either fully constructed or
provided in an unassembled kit complete with nails and screws.
Once an order is received, a representative from the Game Commission’s Howard
Nursery will contact the customer to confirm the order and discuss scheduled shipping dates.
Completed orders can be mailed (P.O. Boxes are not acceptable for delivery), or arrangements
can be made for customers to pick up their orders at Howard Nursery.

Be Firewise, Tips On Protecting Your Property From Forest Fires

When the weather starts warming, the wind starts blowing, and the
vegetation’s still brown, it’s spring wildfire season in
Pennsylvania.
For tips on how to protect the forest and your property from
these devastating incidents, take a look at this video. Wildfire
prevention education materials are also available.
As Smokey says, only you can prevent wildfires!

Opportunity To Bid On DEP Mine Reclamation Projects In Clearfield, Fayette Counties

The Department of Environmental Protection published notice of the opportunity to bid on a

mine reclamation projects in Clearfield County and Fayette County.

David Raphael Named Chief Counsel Of DEP

 David J. Raphael, an attorney with the law firm of Saul Ewing specializing
in administrative, civil and criminal environmental matters and commercial
litigation, has been named Chief Counsel at DEP.
Mr. Raphael represented clients in federal and state enforcement
actions concerning groundwater and surface water contamination, the
regulation of hazardous and residual waste, storage tank compliance issues,
and various regulatory issues related to the construction and petroleum
industries.
His practice also included counseling clients regarding
infrastructure projects and development projects involving water supply,
stormwater, and other regulatory issues.
Mr. Raphael recently received favorable results on behalf of a York County, PA
developer in a matter before Pennsylvania's Environmental Hearing Board. Mr. Raphael argued
an exemption granted by the DEP to his client was warranted in light of environmental testing
and compliance with state statutes. Mr. Raphael's engagements also include the successful
defense of a major enforcement action brought by the Department of Environmental Protection.
Prior to joining Saul Ewing, Mr. Raphael served as a Deputy Attorney General in the
Pennsylvania Office of the Attorney General, Environmental Crimes Section. In that position, he
represented the Commonwealth in jury trials, appellate cases, and execution of complex criminal
investigations. Additionally, he served as Special Assistant U.S. Attorney for the Eastern District
of Pennsylvania.
Mr. Raphael is a former Assistant Counsel and Special Assistant Counsel in the
Department of Environmental Protection's Office of Chief Counsel. In those capacities, he
represented the Commonwealth before the Environmental Hearing Board, Commonwealth
Court, and various administrative agencies. Mr. Raphael also negotiated agreements to reuse
industrial properties on behalf of the Commonwealth.

Phipps Conservancy Seeking Science Education Intern

The Phipps Conservatory and Botanical Gardens in Pittsburgh is seeking an individual to fill a
12 month, paid Science Education Intern position working 15 to 20 hours per week starting in
April/May.
The intern will be helping to strengthen and create new youth-focused education and
outreach initiatives in the areas of environmental conservation and sustainability, art and science,
and healthy living, with the core of building a positive relationship between humanity and the
environment.
To be eligible, candidates must be currently enrolled as an undergraduate student at least
halfway through course of study, or one year post graduate from undergraduate program, or
currently enrolled as a graduate student. Degree focus must be in an area related to Phipps’
science education, e.g., environmental education, environmental social sciences, or the
ecological or conservation-based biological sciences.
Click Here for full announcement.
Submit a resume and cover letter detailing your experience as it relates to the position to
Linda Holsing, Human Resources Assistant, by sending email to: hr@phipps.conservatory.org
or Phipps Conservatory and Botanical Gardens, 1059 Shady Avenue, Pittsburgh, PA 15232.
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.

March 11-- PA American Water Stream Of Learning College Scholarship

March 22-- EPA Community Action For A Renewed Environment Program
March 25-- WREN Watershed, Source Water Protection Education Grants
March 25-- TreeVitalize Pittsburgh Planting Program
March 25-- PA American Environmental Grants
March 28-- EPA Environmental Justice Small Grants Program
March 28-- PACD Educational Mini-Grant Program For Conservation Districts
March 31-- DEP Host Municipal Inspector Reimbursement Program
March 31-- PA American Water Student Watershed Art Contest
April 1-- Mid-Atlantic Invasive Species Panel Grants
April 14-- DEP Diesel School, Transit Bus Retrofit Grants
April 15-- DCNR ExplorePAtrails.com Mobile App Contest
April 19-- 4-H, FFA Grassland Scholarship Competition
April 20-- DCNR Community Conservation Partnership Grants
April 22-- NEW. EPA Student Environmental Development Program
April 22-- NEW. EPA Earth Day Student Poster Contest
April 30-- Northeast Audubon Society College Scholarship
May 1-- Dominion Foundation Education Partnership Grants
May 2-- NEW. EPA Environmental Education Grants
May 2-- Audubon/Toyota Alliance Conservation Leadership/Project Grants
May 2-- Common Waters Foundation Upper Delaware Forest Landowner Grants
June 30-- DEP Nitrogen Tire Inflation System Grants
July 11-- PROP Annual Recycling FilmFest Competition
August-- NEW. EPA/American Rivers Potomac Highlands Restoration Grants
August 26-- Foundation for PA Watersheds Grants

Other Funding Programs

-- 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
Budget Secretary Says Day Of Reckoning Has Arrived
Budget Head Warns Of Sharp Cuts In New Spending Plan
No Plans For DEP, DCNR Merger
February Revenues Below Estimates, Year Is 1.6 Percent Higher
Projected State Revenue A Guesstimate At Best
Flood Gauges May Become Victims Of Federal Budget Cuts
Blog: New Corbett Budget Will Not Have Gimmicks Of The Past
Op-Ed: $300 Million Goes Uncollected From Online Retailers
Op-Ed: Pennsylvania Should Enact Natural Gas Tax
Editorial: Brace Yourself, Corbett Cuts Are On The Horizon
Editorial: The Budget, Rendell's Mess
Editorial: Budget, Cut!
Confirmation
Corbett's DEP Chief Gets Panel's Approval
Krancer Gets Environmental Committee Support
DEP Nominee OK'd By Panel
DEP Nominee Weighs Whether More Water Testing Needed
Column: Corbett's Clueless New DEP Commissioner
Other
Teenagers Across PA Become Ambassadors For Conservation
Capital Area Science-Engineering Fair Examines Complex Subjects
Learning The 3 Rs Of Recycling
Editorial: That Heinz PlantBottle
Illegal Dumping Remains A Headache For Erie Officials
Thousands Expected At Philadelphia Brownfields Conference
Available Brownfield Properties Now Listed Online
Philly's Naming As Most Toxic City Is Undeserved
PPL To Buy U.K. Power Grid For $5.6 Billion
Home Builder Debuts Net-Zero Energy House Near Pittsburgh
Central PA Wind Farm On Hold Pending Sale
Mansfield Program Raises Awareness About Gas Drilling, Wind Farms
Hope Remains For Coal-To-Liquid Fuels Project
Air Products Hydrogen Fueling Tech Spreading Nationwide
$4 Million Solar Facility Proposed In Monroe County
Entrepreneur's Solar Water Purification Used Abroad
Some Holes In Scranton Linked To Former Mines
DEP Plans To Drill Roads In Bradenville In Subsidence Tests
Land Bank Still Trying To Get Off Ground
Gasoline Prices Spike In PA
Erie Coke Releases Plans For Emissions Controls
Allegheny County Slates Air Quality Meeting
Massey Coal Security Chief Charged With Felonies
Congressmen Grill Mine Safety Director On Report
Editorial: Feds Want To See Mine Safety Taken Seriously
Want To Be A Wildlife Conservation Officer?
Eastern Cougar May Be Declared Extinct
Prescribed Burn Conducted At Fort Indiantown Gap
New Rules Make Mobility On Trails Easier For Disabled
Editorial: Trails Must Be Accessible Yet Free Of Motor Vehicles
Peregrine Falcons Land In Pittsburgh Again
Middle Creek Wildlife Area For The Birds

Marcellus Shale NewsClips

Here are NewsClips on topics related to Marcellus Shale natural gas drilling---

New York Times Articles

NYT Finds Radioactive Drill Waste
Toxic Contamination From Natural Gas Wells
Radiation In Fracking Fluid A New Concern
Wastewater Recycling No Cure-All In Gas Process
EPA Struggles To Regulate Natural Gas Industry
DEP Defends Drilling Wastewater Tracking But Problems Persist
NY Times Frack Story Makes Waves
Marcellus Shale Coalition: AP, NYT Wide Of Target On Water Management, Recycling
EPA Finds Gas Drilling Oversight Being Compromised By Politics
Is Radioactive Material Flowing Into The State's Rivers?
Former DEP Chief Questions NY Times Story On Frack Water
Column: Corbett's Clueless New DEP Commissioner
PA Marcellus Drillers Close To Recycling 100 Percent Of Wastewater
Despite Overhaul, Gas Wastewater Still A Problem
Fracking: The Great Shale Gas Rush
Pittsburgh Water Companies to Start Testing Water For Radiation
Water Companies To Test For Drilling Wastewater Radioactivity
Pittsburgh Council Weighs In On Testing Water For Drilling Waste
Pittsburgh Council Calls For Testing Water Supply
Tainted Gas Well Water Continues To Reach PA Rivers
Casey Calls For More Inspection Of PA Water
Casey Calls On State, Federal Agencies To Test PA Water
Casey Pushes For Testing Of Water Sources
Senator Wants More Inspections Of Drilling Operations
Officials Call For Water Testing For Radioactive Drinking Water
DEP Marcellus Waste Reports Muddy
Mass. Dem Seeks EPA Studies On Possible Toxic Shale Wastewater
Column: Radioactive Water? You're Soaking In It PA
Editorial: Test Water, Upgrade Law
Other
Marcellus Shale To Bring $250 Billion To PA Landowners
Column: Corbett Might Fight More For Gas Drillers Than Against Unions
DRBC Adds 30 Days To Drilling Comment Period
Urban Uprising? Philadelphia Holds Hearing On DRBC Drilling Rules
DRBC Holds NJ Hearing On Drilling Regs
Corbett Administration Rescinds Curbs On Pollution From Gas Drilling
Suspension Of Pollution Rules For Drilling Sought
State Forest Drilling Leases Under Fire
Letter: Rendell Right To Order State Land Drilling Ban, Quigley
Marcellus Gas Industry Openness Called Essential
Tanks At Washington County Marcellus Site Catch Fire
Man Hurt In Avella Gas Well Fire Has Condition Upgraded
Gas Fires Raise Concerns For Community
UGI Told Years Ago To Remove Old Pipes
Expanding Gas Company Touts Safety
Push On To Test Water After Drilling Reports
State Plans Panel For Marcellus Future
Drilling At National Park Sites Reviewed
Mansfield Program Raises Awareness About Gas Drilling, Wind Farms
Drilling Rig To Return To Columbia/Luzerne
Driller To Try Luck In Luzerne County
Dallas Residents Prepare Fight Against Gas Compressor Station
Drilling Company Helps Fix Northern PA Roads
Shale Forum Draws Hundreds In Schuylkill
Schuylkill Center Program Trains Students For Marcellus Industry
Gas Drilling Backed In Washington County
Rostraver Pushing Marcellus Gas Drilling Regulations
E. Wheatfield Twp. Mulls Marcellus Ordinance
Gas Firm Owns Rights To 50 Properties In Murrysville
Wayne County: A Line In The Drilling Debate
Wayne County OKs Pipeline Right-Of-Way Extension
Beaver Communities Prepare For Increase In Marcellus Shale Drilling
Op-Ed: My Marcellus Shale Tale
Experts: Drilling May Be Catalyst For PA's Rebound
Training Tomorrow's Drillers
Marcellus Wells Generate Landowners A Huge Bounty
Marcellus Companies In NY Extending Leases, Owners Take Them To Court
Clarion College Republicans Host Symposium On Marcellus Shale
Editorial: Needed A Municipal Drilling Policy
Post-Gazette Special Section
Post-Gazette Special Section On Marcellus Shale: Pipeline
PG- Scope Of Job Creation A Matter Of Conjecture
PG- A Marcellus Boom Without A Bust?
PG- How Fracking Water Is Used Is Green Driven
PG- Landmen, Drill Rig Herald Tough Decisions In Washington County
PG- Will There Be More Accidents As Drilling Increases?
PG- Ten Top Players In The Marcellus Shale Play

Watershed NewsClips

Here are NewsClips on watershed topics from around the state--

Rain In Forecast: River To Rise

Farm Bureau Takes Aim At EPA Limits On Chesapeake Bay Pollutants
EPA Names New Chesapeake Bay Adviser
Elk County Considers Source Water Protection
Penn State Restructuring Won't Affect Extension Offices
PEC Endorses Upper Dublin Twp. Flood Project
Flood Gauges May Become Victims Of Federal Budget Cuts
Johnson Run AMD Success Story

Regulations, Technical Guidance & Permits

The Department of Environmental protection published notice of bond calculations on noncoal

mining operations and notice of bond rate calculations for coal mine land reclamation. The Fish
and Boat Commission published notice of final additions to list of Class A Wild Trout
Waters, notice of adjustments to the list of Wild Trout Streams, notice of proposed special
regulations related to Bass in the Susquehanna and Juniata rivers and notice of 2011 changes in
classification of Wild Trout Streams

Pennsylvania Bulletin - March 5, 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 Department of Environmental Protection published notice of the rescission of a Y2K

enforcement policy.

Rescission: DEP ID: 012-0900-006. Adoption by Reference of the United States Environmental
Protection Agency's Y2K Enforcement Policy. Guidance provided by this document was time-
sensitive and is no longer applicable. Contact: Questions regarding the rescission of this policy
document should be directed to Robert Altenburg at raltenburg@state.pa.us or 717-783-8727.

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.

March 7-- NEW. Senate Appropriations Committee meets to consider Senate Bill 302 (MJ
White-R-Venango) further providing for annual reports from the Keystone Recreation, Park and
Conservation Fund, Senate Bill 303 (MJ White-R-Venango) providing for reports from the
Hazardous Sites Cleanup Fund, Senate Bill 304 (MJ White-R-Venango) requiring further public
review of state Air Quality Implementation Plans. Room 461. 12:30.

March 7-- Environmental Issues Forum presentation by David Sheridan, Green Building
Association of Central Pennsylvania. Joint Legislative Air and Water Pollution Control and
Conservation Committee. Room G-50 Irvis Building. Noon.

March 8-- Governor's Budget Address. 11:30. Live Video.

March 8-- House Human Services Committee meets to consider House Bill 272 (Hess-R-
Bedford) establishing the Lyme Disease Task Force. Room B31 Main Capitol. 10:00.

March 8-- NEW. House Consumer Affairs Committee informational meeting to provide an
overview of the Public Utility Commission and its issues. Room G-50 Irvis Building. 9:00.

March 8-- CANCELED. DEP Storage Tank Advisory Committee meeting. Next scheduled
meeting is June 7. (formal notice)

March 9-- NEW. House Environmental Resources and Energy Committee meets to consider
House Bill 608 (Brooks-R-Crawford) providing for using bioenergy crops for reclamation of
abandoned mines and House Resolution 87 (Pyle-R-Armstrong) calling on the Region III office
of the U.S. Environmental Protection to cease the unlawful review of NPDES water quality
permits. Room B-31 Main Capitol. 9:15.

March 9-- CANCELED. DEP Sewage Advisory Committee meeting. Next scheduled meeting
is June 8. (formal notice)
March 10-- NEW. House Consumer Affairs Committee holds an information meeting on the
natural gas industry. Room B-31 Main Capitol. 9:00.

March 10-- Susquehanna River Basin Commission meeting (agenda). Juniata College,
Huntingdon, Pa. (formal notice)

March 14-- House Appropriations Committee budget hearings for: 10:00 -- Department of
Revenue; 2:30 -- Public Utilities Commission; 3:30 -- Office of Consumer Advocate. Room
140.

March 14-- Senate Hearing On Lake Erie Offshore Wind Energy by Senators Jane Earll (R-Erie)
and Mary Jo White (R-Venango). Tom Ridge Environmental Center, Erie. 9:30.

March 15-- NEW. Senate Consumer Protection and Professional Licensure Committee holds a
hearing on Allentown gas explosion and pipeline safety. Symphony Hall, 23 N. 6th St.,
Allentown. 10:00.

March 15-- CANCELED. Environmental Quality Board meeting. Next scheduled meeting is
April 19. (formal notice)

March 15-- Agenda Released. DEP Citizens Advisory Council meeting. Room 105 Rachel
Carson Building. 11:00.

March 16-- House Appropriations Committee budget hearings for: 9:30 -- Department of
Conservation and Natural Resources; 10:30 -- Department of Environmental Protection; 1:30 --
Department of Agriculture. Room 140.

March 16-- Senate Appropriations Committee budget hearing for: 9:30-- Governor’s Budget
Office/Executive Offices and Office of the Governor. Hearing Room 1, North Office.

March 17-- Senate Appropriations Committee budget hearing for: 1:00-- Public Utility
Commission. Hearing Room 1, North Office.

March 18-- University of Pittsburgh: Unconventional Gas Development from Marcellus Shale
Plays-Myths and Realities, Dr. A.R. Ingraffea, Cornell University. Room 921 Benedum Hall,
Swanson School of Engineering. (formal announcement)

March 22-- Senate Appropriations Committee budget hearing for: 3:00-- Department of
Conservation & Natural Resources. Hearing Room 1, North Office.

March 23-- Senate Appropriations Committee budget hearing for: 9:30-- Department of
Revenue. Hearing Room 1, North Office.

March 24-- Senate Appropriations Committee budget hearing for: 9:30-- Department of
Environmental Protection. Hearing Room 1, North Office.
March 30-- Senate Appropriations Committee budget hearing for: 1:00-- Department of
Agriculture. Hearing Room 1, North Office.

March 31-- House Appropriations Committee budget hearings for: 10:00 -- Budget Secretary –
Office of the Governor/Executive Offices; 1:00 -- Member Testimony. Room 140.

March 31-- NEW. House Veterans Affairs & Emergency Preparedness Committee meets with
the Director of the PA Emergency Management Agency. LTBA. 1:00.

April 5-- House Urban Affairs Committee holds an informational meeting on legislation
regarding land banks and real estate tax reform. Room G-50 Irvis Building. 9:00.

April 7-- NEW. Commonwealth Financing Authority meeting. Hearing Room 1, Keystone
Building. 11:00.

April 14-- DEP Board of Coal Mine Safety meeting. Fayette County Health Center, Uniontown.
10:00. (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.

Stories Invited

Send your stories, photos and videos about your project, environmental issues or programs for
publication in the PA Environment Digest to: DHess@CrisciAssociates.com.

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.

PA Environment Digest was the winner of the PA Association of Environmental Educators'

2009 Business Partner of the Year Award.

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PA Environment Digest is a supporting member of the Pennsylvania Outdoor Writers
Association, Pennsylvania Council Trout Unlimited and the Doc Fritchey Chapter Trout
Unlimited.