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
Never Forget Their Sacrifice

Harrisburg, Pa

November 14, 2011

PEC, CBF Call For Tougher Measures In Senate/House Marcellus Shale Bills Two of Pennsylvanias leading environmental organizations Thursday called on the General Assembly to enact tougher environmental protections and a reasonable drilling impact fee in proposed legislation aimed at regulating development of the states Marcellus Shale natural gas reserves. The groups pointed out the General Assembly has only 9 voting days left this year. The Pennsylvania Environmental Council and the Chesapeake Bay Foundation have outlined a number of specific environmental protection measures that are critical to any legislation that passes into law. The General Assembly is currently poised to take action on Senate Bill 1100 (Scarnati-RJefferson) and House Bill 1950 (Ellis-R-Butler), both of which are proposals for regulating the development of natural gas from the Marcellus Shale. While both bills contain important measures, each is missing critical environmental safeguards needed to ensure public health and safety, clean water supplies, and effective use of the land. As currently written, both bills fall short of what is required, said Paul King, president of the Pennsylvania Environmental Council. We stand at a point where the better of both bills must be combined, and more added, to offer Pennsylvania most of the environmental safeguards needed to effectively regulate this industry. In May of this year, PEC and CBF submitted to the General Assembly and the Administration a detailed proposal for amending the Oil & Gas Act and creating a framework for the comprehensive management of the natural gas industry in Pennsylvania. Both organizations pursued this proposal through Governor Corbetts Marcellus Shale Advisory Commission, and many of the key elements from the proposal were adopted as recommendations in the Commissions final report. Many of the Commission's recommendations are also reflected in the House and Senate bills now under consideration. [Click Here for PEC comments on the Commission report. Click Here for CBF's comments.] We cant afford to settle for legislation that addresses only some of the issues or leaves out critical details that will impact our communities and our environment, said Matthew Ehrhart, Pennsylvania Executive Director for CBF. The General Assembly must enact

comprehensive legislation that brings the antiquated Oil & Gas Act up to 2012 standards, fully addresses the concerns, provides protection from the real impacts, and ensures public health and safety and economic security for our communities. With only nine voting days left in the legislative session, time is running out to craft legislation that both houses will pass before the end of the year. The time to act has arrived, said PECs King. We have before us an opportunity to get this right, or to get it half-right. "When Pennsylvania takes on issues as big as Marcellus Shale in legislation, whatever we adopt tends to stay the same for years, sometimes decades, like the Oil and Gas Act," said Ehrhart. "What we do in the next 9 session days will be in place for a long time. We have to get it right or we'll be stuck with the consequences. "The time is right now. And we must get it right." PEC and CBF identified a number of specific issues that span three general areas that must be included in any final legislation: amendments that are still needed to the Oil & Gas Act; due consideration of local land use conditions and controls; and the need for an impact fee that will fund environmental programs around the state, including: -- Strengthen Permit Reviews: The permitting process must be enhanced to ensure that all appropriate site data is collected and assessed to be certain that all conditions have been properly addressed before drilling activity begins. --- Reject Outside Permit Reviews: Whats more, PEC and CBF reject proposals to outsource the review of permitting to third parties. -- Identify Areas Where Drilling Is Prohibited: The Act should grant DEP greater ability to identify areas where drilling may be further restricted or prohibited; including areas of recognized high ecological value, floodplains, or in close proximity to public water supplies. -- Track Water Use, Disposal: DEP should also be given clear authority for more robust water resource management, such as water withdrawal review and public reporting of wastewater reuse or disposal. -- Real Well Setbacks: Meaningful setbacks must be created for well sites and should require best management practices when site conditions warrant. The act should set a floor, not a ceiling, of what is required of operators. -- Spill Containment: DEP should be tasked to implement a review of spill containment systems at Marcellus Shale well sites. This analysis will lead to the new containment practices, structures, and procedures to safeguard the public and environmental quality. -- Bonding/Financial Guarantees: Financial assurance for well site operations must, at an absolute minimum, match the potential costs associated with well site accidents or other impacts. Blanket bonds are insufficient. -- Drilling Impact Fee: A reasonable impact fee or severance tax must be enacted to provide meaningful, additional support to the resource management agencies tasked with the growing charge of overseeing the industry. Revenues should also be used to replenish the environmental stewardship fund, the states premiere program for environmental restoration and protection efforts. -- No Blanket Preemption Of Local Land Use Laws: While the industry faces a significant challenge in meeting local land use controls, there are critical site or regional considerations that cannot be effectively addressed within a state statute. The state should not grant special preemption for any one industry in this regard.

Senate/House Action Scheduled Senate Bill 1100 has been listed for action Monday, November 14 in the Senate Appropriations Committee. The House has scheduled votes on 100 amendments to its version of Marcellus Shale legislation-- House Bill 1950 (Ellis-R-Butler)-- on Monday and a final passage vote on Tuesday. The Senate and House return to voting session on November 14 and are set to adjourn for the year on December 14. Click Here for Paul King's remarks. Click Here for Matt Ehrhart's remarks. For more information, visit the PEC Marcellus Shale webpage. NewsClips: Groups Push Stronger Environmental Protection In Marcellus Bills Proposed PA Drilling Bills Not Strong Enough: Environmentalists PA Shale Rules Fall Short Critics Say Local Business Leaders Back Levy On Marcellus Drilling Many Twists In Impact Fee Debate House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States SEIU Ad Backs Southeast House Republican Marcellus Tax Proposal Bumsted: Small Room, Major Flak Over Marcellus Bill Op-Ed: Invest Shale Money Wisely Exeter Twp Opposes House Bill On Drilling Corbett: Local Preemption Language Would Create Jobs One Of Three Fracking Referendums Passes Ban On New Gas Drilling Rejected By Peters Twp Voters Drilling Ban In Peters Twp. Defeated, Succeeded In State College Greene Twp Exploring Marcellus Ordinance Editorial: On Drilling, Republicans Sell Out On Local Control House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States The House may vote next week on a drilling fee plan that asks Marcellus Shale drillers to pay significantly less than they pay in major energy-producing states like Texas and Arkansas. House Bill 1950 (Ellis-R-Butler), supported by House Republican Leadership, would assess the equivalent of a 1 percent rate over the life of a typical shale well, according to an analysis by the Pennsylvania Budget and Policy Center. Other tax and fee plans before the Pennsylvania Legislature would assess effective rates of 3.1 percent to 4.7 percent over the life of a typical well. By comparison, drillers pay effective drilling tax rates of 3.4 percent in Arkansas, 5.4 percent in Texas and 6.1 percent in West Virginia on comparable deep gas wells. The House bill sets a fee that is much lower than drillers pay in most other energy-rich states, said Sharon Ward, Director of the Pennsylvania Budget and Policy Center. Drillers in Texas, for example, would pay five times more in drilling taxes on a comparable deep gas well than they will in Pennsylvania. House Bill 1950 is modeled on Gov. Tom Corbetts Marcellus fee plan. It would collect $160,000 over the 50-year life of an average Marcellus gas well, which is projected to generate $16 million.

Other drilling tax and fee plans would assess effective rates closer to those in other energy-rich states. Republican Sen. Joseph Scarnatis fee plan (Senate Bill 1100) would assess the equivalent of a 3.1 percent rate, raising $505,000, while Republican Rep. Marguerite Quinns fee plan (House Bill 1700) would assess the equivalent of 4.4 percent, raising $710,000. A House bill sponsored by Republican Representatives Gene DiGirolamo and Tom Murt (House Bill 1863) would assess a 4.7 percent drilling tax, raising $770,000 over the life of a typical well. Unlike the fee plans, the Murt-DiGirolamo drilling tax provides resources to early childhood education, job training, and support for people with disabilities and victims of domestic violence, as well as the environment and local communities. Other shale gas-producing states ask more from drillers than HB 1950, Ward noted. Arkansas assesses a 3.4 percent effective rate on comparable wells (raising $555,700); Texas assesses a 5.4 percent effective rate ($878,500); and West Virginia assesses a 6.1 percent effective rate ($993,700). A drilling tax or fee should support the priorities Pennsylvanians most care about, Ward said. At a time when huge cuts are being made to our childrens education and tens of thousands of struggling Pennsylvanians are losing their health care, Pennsylvanians want to take a different course. They want to see drillers pay a tax that supports these priorities, protects the environment and helps impacted communities pay for the damages caused by drilling. Governor Attempts To Justify Exemption From Local Regulation For Drilling In the face of opposition in the Senate and House to language he proposed to exempt any oil and gas drilling from local regulation as a land use, Gov. Corbett Friday write to members of the General Assembly to justify his position. This is the text of that letter-Several weeks ago, I shared, with both the House and Senate leadership, legislative language that would implement most of the Marcellus Shale Advisory Commissions legislative recommendations. This draft language takes steps to secure our energy independence, to protect our natural resources, to protect the health and safety of the Commonwealths citizens, and to mitigate the impacts on our local communities. I am encouraged by the movement in both the House and the Senate on legislation that advances many of the Commissions recommendations. However, there is still a long road ahead of us and common ground to be found. As we forge ahead, I want to discuss one aspect of my proposal that is of great importance. Since 1984, Section 602 of the Oil and Gas Act has superseded local ordinances as they relate to oil and gas operations. However, several recent court decisions have interpreted Section 602 to allow varying and inconsistent standards across the Commonwealth (Huntley & Huntley, Inc. v. Borough Council of Borough of Oakmont and Penneco Oil Company, Inc. v. County of Fayette). My proposed amendments to Section 602 of the Oil and Gas Act reaffirm and reinforce the original legislative intent of the law. Further, my proposal offers additional, real and meaningful protections for local communities that host natural gas development. I recognize the importance of ensuring strong and consistent environmental standards across the Commonwealth. My proposed revisions to the Oil and Gas include additional well bonding, setbacks, drinking water protections, permits reviews, and other requirements. The proposal includes new standards relating to the lighting, noise, odor, and security of operational

oil and gas sites. In crafting these provisions, we took into account the issues many residents have raised regarding the potential impact on their quality of life. We also included a new provision that would provide municipalities with a forum to raise issues of local importance for the Department of Environmental Protections consideration in the permitting process. While many have focused on the local governments that have local standards, nearly 40 percent of municipalities in the Marcellus Shale region currently have no zoning. These amendments to the Oil and Gas Act provide added and meaningful protections to the residents of these communities while still achieving statewide consistency. The comprehensive environmental enhancements included in my proposal many of which mirror proposals advanced in both the House and the Senate substantially raise the bar of what we expect of our natural gas operators. Pennsylvania has a long and distinguished history of regulation the oil and gas industry. These standards build upon that history. My goals are not much different from that of local governments, conservationists, or other policymakers. We all want clean air, clean water, and safety in this growing industry. These are simple but common goals which unite us. But there is one other goal that we all share an environment of JOB CREATION in the Commonwealth of Pennsylvania. The enactment of a reasonable, consistent and uniform set of rules across the Commonwealth as it relates to oil and gas drilling boils down to advancing our number one shared focusjobs. In 2004, Ohio enacted a broad and sweeping law to preempt all local ordinances as it pertains to oil and gas operations and gave their local governments no voice in the process. This language is being used by officials in Ohio as their carrot to job creators in the Marcellus Shale industry. As they continue to attempt to lure Pennsylvania jobs and investment across our western border into Ohio, they most often point to the predictability in standards and rules that the Ohio statute affords them. Further, there are job creators well down the supply chain in the Marcellus Shale industry who are waiting to see if Pennsylvania will enact predicable and uniform standards before making capital investments in the Commonwealth. I do not want to make these job creators, nor these potential capital investments, wait any longer. We need the jobs, and we need them now. It has been said that the gas underneath our feet is not going anywhere. However, the jobs and investment capital can leave. We must ensure that our pursuit of consistency is equally matched by a commitment to world class drilling standards. The legislative package under consideration achieves these goals. I look forward to working with each of you to advance critical environmental standards while expanding job opportunities across the Commonwealth. NewsClip: Corbett: Local Preemption Language Would Create Jobs Get To Know The REAL Growing Greener Program The original Growing Greener Program proposed by Gov. Ridge in 1999 and later expanded by Gov. Schweiker was focused on helping Pennsylvania meet federal Clean Water Act mandates, watershed restoration, upgrading water and wastewater infrastructure, preserving farmland and funding State Park and local recreation facilities. The original Growing Greener Program empowered communities to clean up rivers and streams, protect working farms and special places, create and improve parks and trails, and revitalize cities and towns.

The original Growing Greener remains the largest single investment in conservation, recreation and environmental projects ever made by the Commonwealth. Starting in 2005, the Rendell Administration and some in the General Assembly did a bait and switch. The program's name stayed the same, but it was expanded to fund all types of projects that had nothing to do with environmental restoration like parking garages, wind mills and solar panels, energy efficiency tax credits and historic preservation. Unfortunately, many people forget the original focus of Growing Greener and that's causing confusion. The Renew Growing Greener Coalition of more than 250 groups and representatives of county and local governments representing over 7 million Pennsylvanians want to return the program to its roots of funding projects with real and lasting environmental benefits, not parking garages. Specifically, the Coalition wants to refocus Growing Greener on: -- Restoring Our Water & Land bringing streams back to life and protecting drinking water -- Conserving Our Working Farms & Forests - securing our food and timber supplies -- Saving Our Special Places protecting and enhancing wildlife habitat, greenways, trails, hunting grounds, fishing areas and community open space, including local, county and state parks and forests. -- Greening Our Communities revitalizing waterfronts and parks, planting trees, creating neighborhood gardens, reduce flooding and preserving history -- Creating Outdoor Recreation Opportunities - walking, biking, hunting, fishing, playing sports, picnicking and enjoying the quiet and peace of nature. The real Growing Greener Program created a legacy of success, restoring over 16,000 acres of abandoned mine lands, preserving more than 103,000 acres of Pennsylvanias family farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to State Parks and forests and capping more than 2,100 abandoned wells. You can find out how the Growing Greener Program has benefited you and your county by going to the online database of more than 4,000 projects funded by the program. To find out more about the REAL Growing Greener Program, follow these links--- History of the REAL Growing Greener Program -- Economic Benefits of the REAL Growing Greener Program -- Statewide Impacts of Marcellus Shale Drilling NewsClips: Local Business Leaders Back Levy On Marcellus Drilling Many Twists In Impact Fee Debate Bumsted: Small Room, Major Flak Over Marcellus Bill Op-Ed: Invest Shale Money Wisely Dauphin County, 11 More Municipalities Join Renew Growing Greener Coalition The Renew Growing Greener Coalition Friday announced that Dauphin County and 11 more municipalities, counties and organizations this week have formally voiced support for restoring Growing Greener, the states primary source of funding to help local communities protect water quality, preserve open space and farmland, and enhance parks, trails and other recreational opportunities.

At least 140 government entities including 30 counties representing more than seven million Pennsylvanians have adopted resolutions in support of the program, with the following municipalities joining the list of supporters this week: Cooke Township, Cumberland County; Silver Spring Township, Cumberland County; Upper Saucon Township, Lehigh County; Lower Salford Township, Montgomery County; Plymouth Township, Montgomery County; Norriton Township, Montgomery County;Towamencin Township, Montgomery County; and Upper Hanover Township, Montgomery County. In addition, the Dauphin County Commissioners also adopted a resolution supporting Growing Greener. In Dauphin County, we have preserved more than 13,000 acres of farmland thanks to the Growing Greener program, said Jeff Haste, chairman of the Dauphin County Board of Commissioners. Continuing this program will help counties continue to preserve green, open space and farmland for future generations. The Allegheny County Conservation District and the Stanley Cooper, Sr. Chapter of Trout Unlimited in Kingston, Luzerne County signed statements of support. Growing Greener is a bipartisan program established in 1999 under Gov. Tom Ridge and later expanded by Governors Schweiker and Rendell. Since its establishment, Growing Greener has created a legacy of success, preserving more than 103,000 acres of Pennsylvanias family farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to state parks and forests, capping more than 2,100 abandoned wells, and restoring over 16,000acres of abandoned mine lands. Moreover, Growing Greener has contributed and leveraged billions of dollars to the Pennsylvania economy by helping to boost tourism, create jobs and generate revenue. Yet despite the programs accomplishments, funding for Growing Greener projects and grants fell from an average of approximately $150 million per year for the last six years to $27.3 million in the current state budget. This is more than an 80 percent reduction. The Renew Growing Greener Coalition is the Commonwealths largest coalition of conservation, recreation and environmental organizations representing nearly 400 organizations and government entities. 11 More Reasons To Support The Refunding Of A Refocused Growing Greener The Renew Growing Greener Coalition Friday published a list of 11 more reasons to support the refunding of a refocused Growing Greener Program-1. Keep our drinking water clean 2. Protect the air we breathe 3. Preserve our working farms and food supply 4. Enhance our local and regional economies and the Commonwealth tourism industry 5. Help local communities control flooding 6. Enhance our large conservation landscapes like our heritage areas and major greenway corridors 7. Reverse the scars left by coal mining and reclaim abandoned minelands 8. Enhance state and local outdoor recreational opportunities 9. Turn brownfields into useable spaces primed for economic development and growth

10. Beautify our downtowns and urban areas 11. Protect and preserve the Commonwealths wildlife habitat Heres what 11 of our supporting organizations have to say: Growing Greener has helped to foster the Clarion River as a spectacular outdoor recreational destination in Northeastern Pennsylvania and has helped to conserve our states rich natural resources offering a wealth of opportunities and drawing millions of visitors to our state. -- Cynthia Carrow, Western Pennsylvania Conservancy Growing Greener provides essential funding for riverfront trails and greenways like Schuylkill Banks. These greenways greatly improve quality of life in our region by creating beautiful park space for the community to walk, run, bike, fish and relax along rivers that were inaccessible for generations. They also connect diverse neighborhoods, help protect our rivers from stormwater runoff and establishvaluable wildlife habitats. -- Joseph R. Syrnick, President & CEO, Schuylkill River Development Corporation As more and more of the Pennsylvania Wilds, the Endless Mountains, and our state forests and game lands are developed for gas extraction and production, it is more crucial than ever to ensure that our Commonwealth's Growing Greener program is funded. If the current rush to drill continues at its present rate, and if Growing Greener's alternative energy and reclamation initiatives do not receive crucial funding, there will be far fewer places available for all Pennsylvanians to get out and enjoy the outdoors, fresh air, clean streams and the natural world. Growing Greener programs are vital to our present and future quality of life. -- Ralph Kisberg, Robbie Cross, Janie Richardson, Barb Jarmoska, Mark Syzbist, Jen Slotterback, Board of Directors for The Responsible Drilling Alliance "Our 24,000 Pennsylvania members enjoy a variety of outdoor recreational activities, including hiking, biking, fishing, hunting and bird watching. Growing Greener funding has been important for acquiring more state and local public lands that are open for these healthful outdoor pursuits. As our population keeps growing, and development paves over more land every day, the need for these public spaces becomes more important. And the need for Growing Greener funding is critical, as well." -- Jeff Schmidt, Director, Sierra Pennsylvania Chapter "Growing Greener from its inception has benefited MuddyCreek Trout Unlimited in our efforts to restore severely eroded reaches of our home watershed in York County. Our organization; MCTU independently and through partnerships with local municipalities and sponsoring watershed groups werefortunate enough to garner over $885,000 in grant monies to restore over 2.2miles of our watershed. These "full floodplain" restorations have succeeded in creating more and immediate flood storage as well as the "lock up" of millions of tons of Legacy Sediments so damaging to the Chesapeake Bay Ecosystem. For these reasons we feel that Growing Greener has been a huge success and we would like to see it continue. Our organization could never have made these strides toward coldwater

conservation were not for this program. -- Maurice Chioda, Past President, Muddy Creek Trout Unlimited #575 Throughout Pennsylvania, our dedicated volunteers run over 750 outdoor recreational trips every year anddepend on the Growing Greener program to ensure that parks and trails are not just available to everyone, but that they are also open, accessible and maintained. -- Mark Zakutansky, Mid-Atlantic Policy Manager, Appalachian Mountain Club In addition to all the excellent natural resource conservation and recreation projects funded by Growing Greener it can be a very useful source of funding to assist with creation of natural greenways and trails as a reuse of Flood Buyout Properties and restoring developed floodplain lands to riparian buffers can help counties to achievecompliance with the Chesapeake Bay TMDL standards imposed by EPA. -- Jerry S. Walls, AICP, Professional Planner Growing Greener provides essential funding for riverfront trails and greenways like Schuylkill Banks. These greenways greatly improve quality of life in our region by creating beautiful park space for the community to walk, run, bike, fish and relax along rivers that were inaccessible for generations. They also connect diverse neighborhoods, help protect our rivers from stormwater runoff and establishvaluable wildlife habitats. -- Joseph R. Syrnick, President & CEO, Schuylkill River Development Corporation Growing Greener made it possible for Countryside Conservancy to protect and open to the public a fantastic stretch of stream at Little Rocky Glen for fishing, hiking, scout activities and more in Wyoming County, one of the few Pennsylvania counties that has no state park. -Mary Felley, Interim Executive Director, GreenSpace Alliance Growing Greener has helped fund the Pennsylvania Senior Environment Corps, senior volunteers serving the Commonwealth in various ways from monitoring the condition of their local, monitoring abandoned mine drainage, stenciling storm drains, mapping abandoned oil and gas wells, eradicating invasive weeds, networking and working with watershed associations, and educating the public on topics such as radon and recycling. Since 1997, these trained volunteers have dedicated over 2 million hours to protecting and restoring the commonwealths environment. In one year alone, the PaSEC's dedication to the Commonwealth can be estimated at approximately $3,051,428.57. -- Melinda Hughes-Wert, President, Nature Abounds Growing Greener funds helped Hawk Mountain to acquire and protect hundreds of acres of land critical to raptors and other wildlife. Funds also helped to complete a land management plan, a guiding document that drives all Hawk Mountain land use, conservation and management work. -- Jerry Regan, Hawk Mountain Sanctuary Association DEP Advisory: Upgrade Of eLibrary May Make Documents Unavailable Temporarily The Department of Environmental Protection this week notified the public documents posted online through its eLibrary system may not be available until upgrades to the system are completed.

Copies of regulations, policies or manuals out for public review and other documents posted on the website may be available on an intermittent basis or not at all, DEP's advisory said. Did You Know You Can Search 7 Years Of Digests On Any Topic? Did you know you can search 7 years of back issues of the PA Environment Digest on dozens of topics, by county and on any key word you choose. Just click on the search page. Also take advantage of these related services from Crisci Associates-Twitter Instant Updates: On Twitter, sign up to receive instant updates from : PAEnviroDigest. PA Environment Daily: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Environment Digest Video Blog: showcases original and published videos from environmental groups and agencies around the state. Sign up to receive as they are posted updates through your favorite RSS read. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Blog to get updates every day on Pennsylvania State Government, including NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. Senate/House Agenda/Session Schedule(New)/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 November 14, 15, 16 December 5, 6, 7, 12, 13, 14 House November 14, 15, 16, 21, 22, 23 December 5, 6, 7, 12, 13, 14 New January 3 (non-voting), 17, 18, 23, 24, 25

February 6, 7, 8, 13, 14, 15, March 12, 13, 14, 26, 27, 28 April 2, 3, 4, 30, May 1, 2, 7, 8, 9, 21, 22, 23 June 4, 5, 6, 11, 12, 13, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29 Bill Calendars House (November 14): House Bill 1950 (Ellis-R-Butler) amending the Oil and Gas Act to include additional environmental protection measures for Marcellus Shale drilling, a countyoptional drilling impact fee and additional transfers from the Oil and Gas Fund; Senate Bill 303 (MJ White-R-Venango) providing for the disposition of fines under the Hazardous Sites Cleanup Act; Senate Bill 304 (MJ White-R-Venango) requiring the posting of the state air quality implementation plan on the Internet; House Resolution 70 (Harhart-R-Lehigh) requesting the Department of Transportation to study the potential use of quarry and other mining waste in highway and civil engineering projects. <> Click Here for full House Bill Calendar. Senate (November 14): ; Senate Bill 433 (Leach-D-Montgomery) providing for the incorporation of benefit corporations; Senate Bill 152 (D.White-R-Indiana) amending the PennVEST Act to clarify the eligibility of stormwater and other nonpoint source projects for funding; Senate Bill 477 (Browne-R-Lehigh) compelling the removal of outdoor advertising under the Municipalities Planning Code; Senate Bill 532 (Rafferty-R-Montgomery) further providing for penalties and waste permit renewals under the Solid Waste Management Act; Senate Bill 1150 (Smucker-R-Lancaster) establishing the Historic Rehabilitation Investment Incentive tax credit; Senate Resolution 202 (Kasunic-D-Somerset) urging the oil and gas industry to use acid mine water for fracking; House Bill 608 (Brooks-R-Crawford) providing for the use of bioenergy crops in mine reclamation; House Bill 1054 (Mustio-R-Allegheny) further providing for the licensing of engineers, land surveyors and geologists. <> Click Here for full Senate Bill Calendar. Committees House: the Transportation Committee meets to consider House Bill 3 (Geist-R-Blair) authorizing public-private transportation partnerships; the Consumer Affairs Committee holds a hearing on House Bill 1580 (Ross-R-Chester) increasing the solar mandate in the Alternative Energy Portfolio Standards. <> Click Here for full House Committee Schedule. Senate: the Appropriations Committee meets to consider Senate Bill 1100 (Scarnati-RJefferson) amending the Oil and Gas Act to include additional environmental protection measures for Marcellus Shale drilling and a drilling impact fee, Senate Bill 1264 (Baker-RLuzerne) enacting the Flood Relief Act for September 2011 making an appropriation of $20 million for individual assistance, Senate Bill 1266 (Gordner-R-Columbia) authorizing the incurring of debt to fund flood damage recovery projects, Senate Bill 1267 (Blake-DLackawanna) authorizing real estate tax abatement as a result of Hurricane Irene and Tropical Storm Lee, Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of debt to repair

flood damaged highways, Senate Bill 1269 (Yaw-R-Bradford) adoption of capital projects to repair or replace flood damaged highways and bridges, Senate Bill 1271 (Yudichak-D-Luzerne) an itemized list of flood damaged highway and bridge repair projects, Senate Bill 1297 (BakerR-Luzerne) establishing the Small Business Flood Relief Program of 2011, Senate Bill 1322 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program to provide disaster assistance to agricultural operations; the Consumer Protection and Professional Licensure Committee meets to consider House Bill 344 (Baker-R-Tioga) providing additional authority to the PUC to regulate pipeline safety; the Transportation Committee meets to consider Senate Bill 344 (Rafferty-R-Montgomery) authorizing public-private transportation partnerships; the Senate Environmental Resources & Energy and Senate Republican Policy Committees hold two days hearing on issues related to flood mitigation through stormwater management. <> Click Here for full Senate Committee Schedule. Bills Introduced The following bills of interest were introduced this week-DEP Permit Review Process: House Bill 1659 (Pyle-R-Armstrong) establishes the DEP Permit Review and Issuance Act stipulating a process and timetable all DEP permit applications must follow. Natural Gas Severance Tax: House Bill 1863 (Murt-R-Bucks) establishing a 4.9 percent natural gas severance tax. Flood Project Repair: House Bill 1916 (Millard-R-Columbia) Flood protection and flood damage repair project list. Natural Gas Equipment Credit: House Bill 1966 (K.Smith-D-Lackawanna) providing a deduction from personal income tax for up to 20 percent of the cost of natural cost powered products. Rainy Day Disaster Fund: Senate Bill 1331 (Wozniak-D-Cambria) authorizing the Rainy Day Fund to be used for disaster recovery.

News From The Capitol

Senate Appropriations Committee Schedules Marcellus Shale, Flood Relief Bills The Senate Appropriations Committee has scheduled a meeting for November 14 to consider Senate Bill 1100 (Scarnati-R-Jefferson) amending the Oil and Gas Act to include additional environmental protection measures for Marcellus Shale drilling and a drilling impact fee. The Committee is also set to consider a package of flood relief bills: Senate Bill 1264 (Baker-R-Luzerne) enacting the Flood Relief Act for September 2011 making an

appropriation of $20 million for individual assistance; Senate Bill 1266 (Gordner-R-Columbia) authorizing the incurring of debt to fund flood damage recovery projects; Senate Bill 1267 (Blake-D-Lackawanna) authorizing real estate tax abatement as a result of Hurricane Irene and Tropical Storm Lee; Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of debt to repair flood damaged highways; Senate Bill 1269 (Yaw-R-Bradford) adoption of capital projects to repair or replace flood damaged highways and bridges; Senate Bill 1271 (YudichakD-Luzerne) an itemized list of flood damaged highway and bridge repair projects; Senate Bill 1297 (Baker-R-Luzerne) establishing the Small Business Flood Relief Program of 2011; and Senate Bill 1322 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program to provide disaster assistance to agricultural operations. The meeting will be held off-the-floor in the Rules Committee Room. Sen. Jake Corman (R-Centre) serves as Majority Chair of the Committee and Sen. Vincent Hughes (D-Philadelphia) serves as Minority Chair. House Sets Votes On Marcellus Shale Drilling Bill For Monday, Tuesday The House is scheduled to take a final vote Tuesday on House Bill 1950 (Ellis-RButler) amending the Oil and Gas Act to include additional environmental protection measures for Marcellus Shale drilling, a county-optional drilling impact fee and additional transfers from the Oil and Gas Fund. There are now 100 amendments filed to House Bill 1950 to be debated and voted on Monday, November 14, according to the House Republican voting schedule. Senate Committees To Hold Flood Mitigation, Stormwater Hearings November 15 & 16 The Senate Environmental Resources & Energy and Senate Republican Policy Committees are scheduled to hold two days of hearings on issues related to flood mitigation through stormwater management on November 15 and 16 in Harrisburg. The agenda for November 15 includes: Dr. Robert Traver, Department of Civil and Environmental Engineering, Villanova University, Michele Adams, Meliora Environmental Design, Paula Conolly, Philadelphia Water Department, Elizabeth Treadway, AMEC Environmental and Infrastructure, Cory Rathman and Mark Gutshall, Lancaster County Clean Water Consortium, Tom McGlynn, Winola Industrial, Factoryville, Pa. The agenda for November 16 includes the Pennsylvania Environmental Council. The hearings will be held in the Senate Majority Caucus Room at the Capitol beginning at 9:00 a.m. Sen. Mary Jo White (R-Venango) serves as Majority Chair of the Senate Environmental Resources and Energy Committee and Sen. John Yudichak (D-Luzerne) serves as Minority Chair. Sen. Ted Erickson (R-Delaware) serves as Chair of the Senate Republican Policy Committee. PEC Thanks Senate, Sen. Pippy For Passage Of Water Trails Economic Impact Resolution The PA Environmental Council this week extended its thanks to the Senate and prime sponsor

Sen. John Pippy (R-Allegheny) for passing Senate Resolution 143 which directs the Legislative Budget and Finance Committee to undertake an economic impact analysis of Pennsylvania Water Trails. Recreational trails have a huge and measurable impact on local communities and they contribute substantially to Pennsylvanias tourism industry, which is the second largest industry in the Commonwealth. There are a variety of very good examples of economic impact studies and trail user surveys that estimate the impact of land trails on local communities. The Great Allegheny Passage, for example, is estimated to have a $40 million annual direct spending and $7.5 million additional in wages attributable to the trail market in trail towns along the trail. What is not available are examples of the economic impact of water trails on local communities even though we know there are thousands of water trail users out there and communities who are engaging in water trail development. Undertaking this analysis is one of the key recommendations of the recently completed Statewide Comprehensive Outdoor Recreation Plan (2009-2013) to "Conduct an economic impact analysis to benchmark the economic impact of water trails." This information will inform public and private efforts to increase water trail development in the Commonwealth and to maintain the Commonwealths position as a recognized national leader in water trail development. An economic impact analysis of recreational water trails on local communities will help to guide the future of the PA Water Trails Program, which the PA Environmental Council manages with the Department of Conservation and Natural Resources, the Fish & Boat Commission and the National Park Service, and future investments in water trails and local communities.

News From Around The State

Delaware River Basin Commission Posts Revised Natural Gas Drilling Rules The Delaware River Basin Commission Tuesday posted the revised natural gas drilling regulations it will consider at its November 21 meeting. Also posted was a summary of the comments received on the Commission's proposed regulations. The revised draft regulations apply to all natural gas development projects as that term is defined in Section 7.2 , including the construction and operation of all natural gas wells in the basin, regardless of the target geologic formation, whether a well is for production or exploration, and whether high-volume or low-volume hydraulic fracturing is contemplated. Appurtenant infrastructure is also addressed. The revised draft regulations are divided into sections that address the purpose, authority and scope of the rule (7.1); definitions (7.2); administrative processes (7.3); water sources and conditions of bulk water use and management approvals for natural gas development projects (7.4); the protection of high value water resource landscapes and Commission-designated Special Protection Waters through mandatory Natural Gas Development Plans (NGDPs) for lease holdings of 3,200 acres or more and for all project sponsors who intend to develop more than

five well pads (7.5); and the transfer, treatment and discharge of wastewater generated by natural gas development activities (7.6). The Commission will rely on the oil and gas program of the state in which a natural gas well is located to regulate the construction and operation activities of the natural gas well and well pad for which separate administration by the Commission would result in unnecessary duplication. If a state or federal regulatory requirement is more stringent than a DRBC requirement, the more stringent regulation would apply. Upon its effective date, which will be 60 days after Commission approval, Article 7 would supersede the Executive Directors Determinations dated May 19, 2009, June 14, 2010 and July 23, 2010. If and when adopted, this Article would constitute a joint exercise of the sovereign authority of Delaware, New Jersey, New York, Pennsylvania, and the federal government pursuant to the Delaware River Basin Compact. The Article would also amend the Commissions Comprehensive Plan. Commission regulations are one mechanism by which the basin states and federal government work together to manage water resources in an integrated manner for the benefit of all citizens of the basin. The Commission is expected to take action on the revised regulations at its November 21 meeting. It is not taking comments on the revised regulations prior to or at the meeting. Click Here for a copy of the revised regulations. Click Here for a Fact Sheet on the revised rules. NewsClips: DRBC Posts New Rules To Allow Gas Drilling In Region DRBC Tweaks Proposed Gas Drilling Regulations DRBC Proposes New Gas Drilling Rules Groups Respond To DRBC Drilling Rules DEP Issues New Drilling Wastewater Treatment, Handling Guidance Notice of new technical guidance designed to ensure compliance with updated wastewatertreatment regulations and radiation protection plan requirements was published by the Department of Environmental Protection in the November 12 PA Bulletin. The guidance explains revisions to Title 25 Chapter 95 of the Pennsylvania Code that require new or expanded sources of natural gas wastewater to treat the wastewater to the federal drinking water standard of less than 500 milligrams per liter of total dissolved solids prior to discharge. published notice of changes to final guidance relating to the discharge of Total Dissolved Solids under NPDES permits. (Note: This document may be temporarily unavailable online due to an upgrade of DEP's eLibrary system.) This technical guidance is another step in this administrations continuing efforts to protect Pennsylvanias water resources, DEP Secretary Mike Krancer said. This document clearly communicates to any facility seeking to increase its discharge of treated wastewater or to any facility seeking to start accepting wastewater that they must meet certain obligations. Krancer also said the guidance will ensure consistency in the departments decisionmaking process in issuing these permits.

In April 2011, Krancer called on the natural gas industry to stop sending unconventional gas production wastewater to facilities that were permitted prior to revisions to the Chapter 95 regulations, which took effect in August 2010. The industry quickly complied. To ensure the continued protection of state waterways, the department is now issuing this guidance to explain the regulations governing new and expanded sources of discharged wastewater. The technical guidance document will assist DEPs permitting staff in implementing the new total dissolved solids effluent standard for discharges of treated natural gas wastewater. The revised Chapter 95 regulations ensure that drinking water, waterways, and watersheds in the state are not impacted by high levels of total dissolved solids. The most common total dissolved solids in Pennsylvania are chlorides and sulfates. The guidance also clarifies that all facilities that accept shale gas extraction wastewater that has not been fully pre-treated to meet the discharge requirements must develop and implement a radiation protection plan. Such facilities must also monitor for radium-226, radium-228, uranium and gross alpha radiation in their effluent. The department will host web-based training sessions in the coming weeks to explain the implementation of the guidance document to treatment plants and their customers. DEP regulates the treatment and discharge of industrial wastewater in the state as part of its administration of the federal National Pollutant Discharge Elimination System (NPDES). The new guidance will go to DEP's Water Resources Advisory Committee and the Oil and Gas Technical Advisory Board for review. For more information, contact Thomas Starosta by calling 717-787-4317 or send email to: tstarosta@pa.gov. PUC Seeks Comments On Oversight Of Natural Gas Distribution Systems The Public Utility Commission Thursday issued for comment proposed procedures that will enhance safety of the states natural gas distribution systems. These plans will tentatively be required to include infrastructure replacement time frames and a proposal for the means by which the cost of the infrastructure replacement program should be addressed in rates, PUC Chairman Robert F. Powelson and Vice Chairman John F. Coleman Jr. said in a statement. While the commission is currently only seeking to have natural gas utilities file such plans, we wish to put Pennsylvanias electric distribution companies on notice that we anticipate developing a similar requirement for the electric industry in the near future. The Commission voted 5-0 to seek comments on proposed pipeline replacement and performance plans and to require leak surveys during winter months (Docket #M-2011-2271982). Comments are to be filed by December 2, 2011. The proposed pipeline replacement and performance plans apply to companies having annual intrastate operating revenues over $40 million. The Commissions action is in response to the changing scope of federal gas safety regulations, the continuing pipeline development resulting from Marcellus Shale and recent tragic incidents. All these factors highlight the need for the Commission to establish a new framework for natural gas and hazardous liquids safety.

The proposal calls for the utilities to file Pipeline Replacement and Performance Plans with the Commission for review. The proposal says the plans are to include replacement timeframes and performance metrics that include damage prevention, corrosion control and distribution system leaks. Under the proposal, plans would be submitted in spring/summer 2012 with final approval to follow in late 2012/early 2013. The Commission action also requires the utilities to provide distribution integrity management program plans, which are required by the federal government, with the PUC by November 30, 2011. Also, the PUC annually requests that natural gas utilities perform frost patrols, which are leak surveys that utilities perform when the ground begins to freeze. In todays action, the Commission made the surveys a requirement starting November 1 of each year and ending April 30. The leak surveys are to be conducted weekly or monthly, depending on the location and size of the line. The utilities are required to report to the PUC all leaks on a biweekly basis and provide a schedule for repairing all reported leaks. A copy of the proposal is available online. NewsClips: PUC Posts New Rules For Gas Pipelines PUC Accepts Withdrawal Of Laser NE Pipeline Utility Application DEP Sets Hearing On Lycoming Natural Gas Compressor Station For Dec. 15 The Department of Environmental Protection will hold a public meeting and hearing on December 15, to discuss an Air Quality plan approval application from Chief Gathering LLC for expansion of the companys Barto Compressor Station in Penn Township, Lycoming County. The 6:30 p.m. meeting will be held at the Picture Rocks Volunteer Fire Co. at 180 N. Main St. Staff from DEPs Air Quality program will explain the application review process and applicable regulations, and Chief officials will review the project with the audience, DEP North-central Regional Director Nels Taber said. These presentations will be followed by a question-and-answer session, so that DEP and the company can hear about residents concerns and provide needed information. Chief Gathering LLC submitted the Air Quality plan approval application to DEP on April 19. The plan would include four natural gas-fired reciprocating internal combustion engines to provide power to natural gas compressors, which would increase the pressure of the incoming natural gas to the facility and discharge the gas at a higher pressure for transport to a network of pipelines. It would also include controls for the new engines and establish more stringent emission limits for the existing engines. DEP published a notice of intent to issue the plan approval in the Pennsylvania Bulletin on Sept. 17 and asked for public comment. A significant number of citizens requested that the agency hold a public meeting or public hearing to discuss the application. During the 8 p.m. public hearing portion of the evening, the public will have an opportunity to present up to five minutes of oral testimony about the application. Written testimony of any length will also be accepted. The testimony will be recorded by a court reporter

and transcribed into a written document, and DEP will create a written response to all relevant testimony provided during the public hearing. Those who wish to present oral testimony may register that evening prior to the hearing. For anyone unable to attend the public hearing, written comment should submitted by the close of business on December 27 to: DEP Air Quality Program Manager, 208 West 3rd St., Suite 101, Williamsport, PA 17701. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act of 1990 should contact Daniel Spadoni at 570-327-3659 or through the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD). Corbett Signs Interstate Agreement To Develop Natural Gas Vehicles, Infrastructure Gov. Tom Corbett announced Wednesday he has signed a memorandum of understanding with the governors of Colorado, Oklahoma and Wyoming that will encourage U.S. auto manufacturers to develop new natural gas-powered vehicles. The states have agreed to work toward switching their vehicle fleets to cleaner-burning natural gas. They will also develop a joint request for proposal to the auto industry to combine the four states future vehicle purchases, which will help to increase demand for such vehicles in the marketplace. Natural gas has created tens of thousands of jobs in Pennsylvania and can create hundreds of thousands more in this country once weve developed the right infrastructure, Corbett said. I am pleased to work with Governors Hickenlooper, Fallin and Mead to improve our nations energy security. The memorandum notes the four governors concern that more than 60 percent of the nations oil, a majority of which is used as transportation fuel, is imported. As a result, the transportation sector is at constant risk from market volatility, supply shortages and geopolitical uncertainties. Corbett has agreed to work with Colorado, Oklahoma and Wyoming to promote cost parity for consumers seeking to purchase natural gas vehicles by aggregating their states purchases of vehicles. Pennsylvania has always led on energy issues, and I am pleased that we will continue to lead by fostering demand for this abundant, clean-burning and domestic resource, Corbett said. NewsClip: State Pushes For Natural Gas Cars Ben Franklin Posts $50,000 Marcellus Shale Innovation Prizes The Ben Franklin Technology Partners of Central and Northern PA are offering two prizes totaling $50,000 for companies or entrepreneurs as part of a contest to support technology and research innovation in natural gas exploration. Entries are due January 30. The contest is designed to find the best new ideas that will improve economic return from the growing gas industry in Pennsylvania, according to Ben Franklin. Ben Franklin, a state-backed investment group, is offering the prizes through its Shale Gas Innovation and Commercialization Center. The contest also is sponsored by: Marcellus Shale Coalition, a Washington County-based group representing gas exploration companies; Little Pine Resources, a Dallas-based gas drilling

company with offices in Clearfield County; Chesapeake Energy Corp., the Oklahoma City-based oil and gas company with significant operations in Pennsylvania; First National Bank, based in Mercer County; and Schlumberger Ltd., a Houston-based provider of well site operations, engineering and services to oil and gas companies. Applicants cannot have received past Ben Franklin funding and must have a presence in central and northern Pennsylvania, or plan to move here. Click Here for details. Marcellus/Energy Crime Stoppers Expands To Pennsylvania Energy Crime Stoppers, an anti-crime program launched three years ago in Texas by the Energy Security Council, expands into Pennsylvania. The announcement was made Thursday by officials of ESC and Pennsylvania Crime Stoppers. Energy Crime Stoppers will concentrate resources and publicity throughout the Marcellus Shale, a formation rich in natural gas that has attracted intense drilling and production activity. Energy Crime Stoppers consists of a 24-hour hotline (888-645-TIPS) that receives information on energy-related crime from anonymous callers that is directed to local law enforcement agencies. The program provides a reward of up to $1,000 for information leading to arrest and conviction, and is promoted by signage, billboards, stickers and other materials with the hotline number. The program offers a computer application for automating the reporting process that can be downloaded to cell phones and still maintain anonymity. Costs of Energy Crime Stoppers are borne completely by the 130 member companies of ESC. "We're excited to have PA Crime Stoppers join with us in preventing and prosecuting energy-related crime," said Susan Rogers, who directs Energy Crime Stoppers and is executive director, Odessa Crime Stoppers program. "Pennsylvania is the ninth state where Energy Crime Stoppers operates. It has proved to be an important and effective deterrent with no costs to law enforcement, the state or local communities." Pennsylvania joins Texas, Arkansas, Colorado, Louisiana, Oklahoma, New Mexico, Utah and Wyoming as states with Energy Crime Stoppers. "We believe Energy Crime Stoppers will be an important complement to our own crime prevention efforts in the Marcellus Shale," said Jeff Fagan, president, PA Crime Stoppers. "Drilling and production activity in the Marcellus represents a huge economic boon to our state. Its continued development requires that we have necessary resources on hand to prevent and mitigate crime and ensure public safety." In addition to Energy Crime Stoppers, ESC offers training to state and local law enforcement agencies to familiarize them with drilling and production sites, safety procedures, and transportation aspects of the business, explained ESC board member Ed Dillard. "We've already conducted law enforcement training in Pennsylvania. These training programs, coupled with the hotline, have combined to create an important resource for law enforcement, and it's all paid for by our member companies," Dillard said. The Marcellus Shale program will be coordinated with the assistance of PA Crime Stoppers, said Kira Lemmons, coordinator of the Pennsylvania program. "We're looking forward to merging our efforts with Energy Crime Stoppers. The resources they're providing will greatly enhance our programs," Lemmons said. Pennsylvania

Crime Stoppers is an independent organization whose activities are coordinated by Pennsylvania State Police. Crime stoppers organizations, law enforcement, energy companies and vendors interested in joining the Energy Crime Stoppers program can contact ESC. ESC is a security-focused international non-profit professional networking organization with a mission to enhance safety, security and business operations of its diverse member companies, corporations and associates.

Spotlight Who Will Pay For Shale Gas Well Reclamation In Pennsylvania?
By Austin L. Mitchell, Ph.D. Candidate, Carnegie Mellon University Neither Pennsylvanias current nor proposed oil and gas well bonding requirements for private lands will cover the costs of well site restoration and well plugging, over $100,000 per well. Today, shale gas operators in Pennsylvania must post either a bond of $2,500 for each well or a single bond of $25,000 to cover all the wells they drill in the state. The Marcellus Shale Advisory Commission and Governor Corbett proposed raising the individual well bond to $10,000. These amounts undermine the intent of the bonding program enacted under the Oil and Gas Act of 1984, to ensure that private parties assume their reclamation liabilities. 1. Shale gas well production rates decline rapidly, and more than half of total production is expected to occur in the first 10 years. To minimize the risk of well owner default on reclamation liabilities, it is prudent to collect funds for reclamation when the wells are most profitable, during the first 10 years of production. If owners cannot pay for reclamation, the burden falls on the taxpayers. The cost will exceed $100,000 per well, not $2,500 or $10,000. Improperly abandoned wells deteriorate structurally over time and cost even more to reclaim. 2. To make existing well reclamation regulations workable, Pennsylvania needs to improve production reporting. State law requires that oil and gas wells must be properly plugged and well site restored one year after production ceases. By not reporting production, owners can indefinitely postpone enforcement of these requirements. Operators may apply for inactive status as a legal means to delay reclamation. Accurate and timely production data will prevent abuse of these rules. From 2007-2009, nearly 17,000 active oil and gas wells did not report production. 3. Alternative financial tools to ensure reclamation liabilities are privately funded should be evaluated because bonds are inflexible. Oil and gas well bonds are inflexible to changes in the cost of reclamation, and current bonding requirements have not been adjusted since enactment in 1984. Blanket bonds should be eliminated because on a per-well basis, even less money is collected.

4. Trust accounts are used to fund long-term pollution control projects in Pennsylvanias mining industry. In the shale gas industry, interest-bearing reclamation trust accounts, funded by fees or severance taxes are also workable solutions. Funding an individual well trust account with a severance tax or pre-drilling fee has a small impact on operator profitability, but wont cover reclamation costs of dry-holes and poorly producing wells. A solution to this problem could be a contract clause requiring operators to be responsible for any shortfall in the trust. NewsClips: Study: Marcellus Shale Well Bonding Proposals Inadequate Study: Taxpayers To Bankroll Gas Well Bonding Austin L. Mitchell is a Ph.D. Candidate at Carnegie Mellon University and can be contacted by sending email to: austinmi@andrew.cmu.edu. Editor's Note: This is an abstract of an article by Austin L. Mitchell and Elizabeth A. Casman in the October 10, 2011 issue of the Journal of Environmental Science & Technology. Chesapeake Bay Program Working To Improve BMP Reporting By Karl Blankenship, Chesapeake Bay Journal The Bay Program is struggling to resolve a question that has festered for more than two decades: Just how accurate is its information about the tens of thousands of nutrient reduction efforts claimed to be taking place throughout the 64,000-square-mile watershed? A growing chorus in the agricultural community strongly contends that farmers are not getting credit for all of the conservation strides they've made. Several recent reports seem to back up that claim. At the same time, even as some of the best management practices, or BMPs, go uncounted, others contend that the benefits of many nutrient control efforts are overestimated. In some cases, practices are poorly installed or managed. In other cases, buffers and stream bank fences that vanished years ago sometimes, along with the farms they were on - remain on the books, delivering phantom nutrient reductions to the Bay. The problem of accurately knowing what practices are in place and how well they are working has been raised in reports going back at least a decade. But this spring, the National Research Council hammered home the issue in a tersely worded report. "The overall accounting of BMPs in the Bay watershed cannot be viewed as accurate," it said. The urgency of addressing the problem has never been greater. Under the EPA's new Chesapeake Bay Total Maximum Daily Load, or pollution diet, states have to write detailed plans - known as watershed implementation plans, or WIPs - showing how they will meet their assigned nutrient reduction goals. In addition, they have to establish two-year milestones that detail what actions they will take, and the amount of nutrient reductions those actions will achieve, in the coming 24 months. The milestones for 2012-13 are due at the end of 2011. If states fall short of goals, they can face sanctions from the EPA.

Apart from wastewater treatment plants, where nutrient discharges can be directly monitored, measuring progress toward meeting milestones and overall cleanup goals relies on reports about BMP implementation that states file with the EPA. Ensuring the validity of that information, the National Research Council report said, is of "paramount importance" because that information is used to estimate the status of cleanup efforts. Here's how the system works. Each year, states report to the EPA the number of practices that were reported to them from county conservation districts, other agencies and sometimes even conservation groups. That information is fed into a computer model that estimates the amount of nutrient reduction progress that should result from those actions. The National Research Council review team said they could not conclude the magnitude of reporting errors, or the overall direction - whether cleanup efforts were being overestimated or underestimated. In November, the state-federal Bay Program partnership is scheduled to complete a response to that report, the draft of which pledges ongoing efforts to resolve the problems, but offers little in the way of specifics. Officials interviewed are adamant about fixing the problem. The EPA and the U.S. Department of Agriculture have signed an agreement committing them to developing a mechanism to improve the reporting, tracking and verification of BMPs by next July. It's not just an agricultural issue. The new policy will cover other sectors, such as urban lands, where BMPs have not always been tracked. But many urban areas are covered by permits. And the vast majority of BMP implementation has taken place on agricultural lands, so that is where most of the focus is aimed. But the issue of verifying what is actually on the ground is difficult, and expensive. Eventually, it may mean that trained technicians will need to visit a large percentage of the 84,000 farms in the watershed. "Farmer-funded" Practices It's commonly accepted in the agricultural community that farmers are not getting credit for all of the conservation efforts they make. What's reported to the EPA are primarily BMPs funded through various state or federal cost-share programs that help farmers build manure storage facilities, install buffers, plant cover crops or implement a host of other conservation measures that have been approved by the Bay Program for use in its models. But many farmers take actions without collecting a cent from the government. A study by the U.S. Department of Agriculture's Natural Resources Conservation Service earlier this year indicated that the number of farmers using no-till practices that reduce erosion was far greater than previously reported. Pilot studies by conservation districts in Pennsylvania's Lancaster and Bradford counties reached similar conclusions. "We know we have a tremendous amount of BMPs that have never been accounted for," said Don McNutt, district administrator for the Lancaster County Conservation District. "The culture and the background here of the Plain Sect, and even the English here, is they would rather do it themselves." A recent study in Maryland's Upper Chester River watershed estimated that a third of the 650 conservation practices on 125 farms in the area were implemented without assistance.

Officials in other counties and states have similar stories of farmers installing stream bank fences, switching to no-till management and even building manure storage lagoons without seeking assistance. As a result, local conservation districts often have no knowledge of those actions, and they go unreported to the EPA and uncounted toward nutrient reduction goals. States have stepped up efforts to get better data; the Virginia General Assembly in 2010 required that the state start collecting such information. Elsewhere, grants have helped several pilot projects around the Bay watershed to better ground-truth BMPs. And the National Association of Conservation Districts is working with the states to develop a common procedure for documenting so-called "farmer-funded" or "voluntary" best management practices. The most aggressive program may be in Maryland's Howard County, where more than a dozen technicians are being trained with an eye toward visiting each of the county's 335 farms. They want to inventory everything that is happening on the farms. How many have fenced animals out of streams? How many have buffers, and how wide are they? They even want to know about the practices farmers employ that don't measure up to federal or state standards. For instance, do they have stream buffers that are less than the 35 feet required? The $80,000 effort is overseen by Bob Ensor, district manager of the Howard Soil Conservation District and Dana York, a 30-year veteran of the USDA Natural Resources Conservation Service, who is now a consultant. They envision training the technicians to meet with farmers individually and record what they see. A separate verifier will follow up to double-check the data. "There is no question, once it gets entered into our system as a verified practice, it is for real," Ensor said. "Anybody can go out there and find it." They describe their effort as the "platinum" survey method, but their hope is that it will lead the way to less costly programs elsewhere. The remainder of the article is available online. It includes sections on: functional equivalent practices, phantom practice, poorly functioning BMPs, Acts of God and verification. NewsClips: Chesapeake Bay Cleanup Plan Gets Major Makeover Hearing: EPA Overreaches In Chesapeake Bay Program DEP Testimony On Progress Implementing Chesapeake Bay Plan (Written By: Karl Blankenship and Reprinted from the November issue of the Chesapeake Bay Journal.) PA Dirt & Gravel Road Program Looking To Create Stream-Friendly Corridors By Sara Kaplaniak, Chesapeake Bay Journal As the Bradford County Conservation District Manager, Mike Lovegreen has the distinction of conducting a significant portion of his work along the largest county network of dirt and gravel roads in Pennsylvania. During one day on the job, Lovegreen's team noticed an excessive amount of water collecting in a roadside ditch, a situation they knew would likely send a large volume of sediment to a nearby stream. To remedy the problem, the district worked with the municipality that owned the road and an adjacent landowner to explore solutions that might use funding from the state's Dirt and Gravel Road Maintenance Program.

The reluctant landowner, an outdoor enthusiast, eventually agreed to redirect water away from the road and stream, and to create a pond and wetland area on part of his cornfield. Now a cheerleader for the program, the landowner feels good about the role he played in solving a local pollution problem. He even hosts picnics and scout meetings at his private wildlife sanctuary. "Pennsylvania's Dirt and Gravel Road Maintenance Program has been positive for Bradford County, which represents a local economy that depends on these transportation corridors to support businesses like farming and forestry and to maintain a rural way of life," Lovegreen said. In rural areas like Bradford County and other parts of Pennsylvania, dirt and gravel roads serve as a preferable option to paved roads, which can be more costly to build and maintain and less resilient to heavy loads like farm equipment or logging trucks. Interspersed with Pennsylvania's unpaved roads is the largest network of streams in the United States after Alaska. Before there were roads of any kind, thick stands of trees and an array of shrubs and lush vegetation dominated Pennsylvania's landscape. These absorbed rainfall and snowmelt before gradually releasing it into streams. The result was cool, clean water. Without an adequate buffer - which is usually the case where development occurs streams become vulnerable to high water flow, sediment and other pollutants resulting from storms and general erosion. This type of nonpoint source pollution - which is less regulated than pollution coming from a specific location - alters natural flow patterns, compromises water quality, increases the spread of nonnative plant and animal species, and threatens aquatic wildlife such as trout and other fish that require clean water and a healthy habitat for their life cycle. According to the Pennsylvania Department of Environmental Protection, nonpoint source pollution is responsible for 88 percent of all impaired stream miles in Pennsylvania. In fact, it was local anglers who took the initiative and sought assistance from the commonwealth to maintain and monitor the state's dirt and gravel roads to ensure they can support working landscapes without harming wildlife habitat. "A few Trout Unlimited members pursued the issue after noticing an excessively muddy stream," says Mike Klimkos, a Pennsylvania Trout Unlimited member and former coordinator of Pennsylvania's Dirt and Gravel Road Maintenance Program. Worried about the deteriorating quality of Pennsylvania's streams, it didn't take long for Trout Unlimited to mobilize volunteers to drive thousands of miles around the state to identify sites affected by pollution and excessive water coming from Pennsylvania's dirt and gravel roads. At each location - primarily drinking water reservoirs, high quality and exceptional-value coldwater fisheries and other priority watersheds - volunteers conducted surveys based on specific criteria. The effort, which stretched over the summers of 1996-98, resulted in the identification and assessment of more than 900 sites statewide. What began as a volunteer-driven Trout Unlimited initiative gained steam and support, culminating in 1997 when Pennsylvania enacted into law the Dirt and Gravel Road Maintenance Program. Administered by the State Conservation Commission, the program funds local projects that reduce stream pollution caused by runoff and sediment from the state's more than 20,000 miles of unpaved public roads. As outlined in the law establishing the program, each year the State Conservation Commission allocates $4 million to 64 of the state's 67 County Conservation Districts for grants to fix pollution problems using environmentally sound maintenance practices. The Pennsylvania

Bureau of Forestry also administers $1 million annually under the program to fund projects on State Forest roads. According to Karen Books, a water program specialist who administers the Dirt and Gravel Road Maintenance Program, "The program is only allowed 10 percent of the funds for administration, which means that the bulk of the money goes into projects on the ground." Books also noted that while the program does not require any in-kind services, grant recipients usually contribute labor and equipment, leveraging grants equal to at least 50 cents on the dollar. "We also see grant recipients use the techniques taught through the program on roads that aren't receiving funding, illustrating how relevant this program has become across the state," Books added. Klimkos, who coordinated the program from 2003-09, would agree, "In my more than 30 years working in state government, I've never seen a program where funding is spent so effectively." To be eligible for funding, local governments must attend a free, two-day training workshop on environmentally sensitive maintenance for unpaved roads conducted by Pennsylvania State University's Center for Dirt and Gravel Road Studies, which has played a major role in the program's success since 2001. In addition to the training, the center serves as a clearinghouse for information and technical assistance for specific projects and as a central location for ranking, assessing and tracking sites funded by the program. "As a result of customized GIS technology available to every local practitioner, we continue to survey, manage and monitor sites," said Tim Ziegler, field operations specialist at Penn State's Center for Dirt and Gravel Road Studies. "Thanks to these advancements, the original 900 priorities identified by the Trout Unlimited volunteers more than a decade ago have grown to more 16,000 sites identified as pollution sources eligible for program funding." Information collected by the center assists the program with charting its direction. The center also reaches places beyond Pennsylvania interested in benefiting from the state's unique collaborative approach to assessing, maintaining and monitoring its system of unpaved roads. "In our thinking, we've moved from being considered as a road program that works with streams - to being recognized as a water quality program that works with roads," Ziegler added. "We've also expanded geographically to help organizations and landowners in other states duplicate our success. Most recently that has involved meeting with The Nature Conservancy's Maryland chapter about reducing the effects of unpaved roads on the Chesapeake Bay." In Pennsylvania, the Dirt & Gravel Program is an important part of its pollution reduction strategy to meet the goals of the Chesapeake Bay Total Maximum Daily Load, or pollution diet. Now, a new era of pared-down government budgets and increasing threats to the landscape threaten the program's mission. During 2011, increased erosion and sediment resulting from record rainfalls and historic flooding in Pennsylvania took a toll on unpaved roads and local waterways. Marcellus Shale drilling also contributes to increased erosion and pollution reaching local streams from dirt and gravel roads. "While well-intentioned, some industry practices run counter to the program's philosophies of drainage disconnection, encouraging infiltration and reducing sediment pollution," said Ziegler, who is pursuing a cooperative approach to addressing this issue with the natural gas industry.

In a 12-county region of Pennsylvania - encompassing nearly 500 townships, boroughs and cities - Marcellus Shale drilling activities have led to thousands of trucks transporting equipment for wells and compressor stations in the area. The increased traffic and heavy loads takes a toll on a dirt and gravel infrastructure, which evolved to accommodate a rural economy and way of life. "The additional stress degrades and compacts the state's rural road network, which has already been compromised after such a wet year," Ziegler said. "It's a situation that makes our work more critical than ever as the drilling gains momentum and likely becomes part of the landscape for decades to come." NewsClips: Chesapeake Bay Cleanup Plan Gets Major Makeover Hearing: EPA Overreaches In Chesapeake Bay Program DEP Testimony On Progress Implementing Chesapeake Bay Plan Related Links Penn State Center for Dirt and Gravel Road Studies (Written By: Sara Kaplaniak and Reprinted from the November issue of the Chesapeake Bay Journal.) What To Do With 130 Million Tons Of Sediment Behind Conowingo Dam On Susquehanna By Karl Blankenship, Chesapeake Bay Journal Tropical Storm Lee scoured an estimated 4 million tons of sediment that had been stored behind Conowingo Dam and flushed it down the Susquehanna River and into the Bay during September flooding. But there's more than 130 million tons of sand, clay and mud still stockpiled behind the 100-foot-high structure, waiting for the next big storm to send more of it - along with the nutrients and chemical contaminants it holds - into the Bay. Figuring out what to do with the sediment buildup in the Conowingo Reservoir has perplexed scientists and managers for the last two decades. The dam traps more than half of the 3 million tons of sediment and about one-third of the 3.5 million pounds of phosphorus that reach it each year. If left alone, the U.S. Geological Survey estimates the reservoir will reach its storage capacity in 15-20 years. After that point, all of the material that reaches the dam would go downstream, unimpeded. (The scouring by Lee, according to the USGS, cleared up about two years of storage capacity in the reservoir.) In late September, the Army Corps of Engineers, Maryland Departments of Natural Resources and of the Environment, the Susquehanna River Basin Commission and The Nature Conservancy announced the launch of a three-year study to devise solutions to the problem. The $1.4 million "Lower Susquehanna River Watershed Assessment - Phase I" will also examine sediment from three smaller hydroelectric dams upstream of Conowingo: Holtwood, Safe Harbor and York Haven.

Although the looming problem has been understood for decades, it has eluded any obvious solution. The idea of simply dredging sediment from behind the dam is hugely expensive. Exelon, the company that owns Conowingo, estimated in 2009 that dredging would cost $48 million a year just to keep pace with the rate of new sedimentation. The new study is intended to take a bigger picture approach that examines more options. Those could include ramped-up efforts to control upstream sediment sources to reduce the rate at which the reservoir fills. It might also consider beneficial uses of sediment. One of those could be a controlled release of some stored sediment. Biologists have discussed allowing some of the coarse sand trapped behind the dam - which poses less threat to Bay water quality than lighter, fine-grained particles - to be used to rebuild sand flats to provide wildlife habitat in the 10 miles of river between the dam and the Bay. One thing that is not an option, officials say, is doing nothing. That would lead to an eventual increase in sediment and phosphorus going downstream that would violate the total maximum daily load, or pollution diet, set for the Chesapeake Bay. The TMDL's goal is to be achieved by 2025 - around the time the dam is expected to reach storage capacity. The huge stockpile behind the dam also remains a threat to unleash a smothering load of sediment into the Bay in the case of a catastrophic event, such as Tropical Storm Agnes in June 1972. Agnes' rains washed an estimated 20 million tons of sediment into the Bay in the middle of the growing season for underwater grasses, devastating grass beds and other habitats. "Tropical Storm Lee provided a vivid demonstration of the need to take steps to head off what could be a catastrophic event causing immediate and enormous damage to our restoration process," said Maryland Gov. Martin O'Malley in announcing the study. "The time to address this threat is now." NewsClips: Chesapeake Bay Cleanup Plan Gets Major Makeover Hearing: EPA Overreaches In Chesapeake Bay Program DEP Testimony On Progress Implementing Chesapeake Bay Plan Related Stories Conowingo Dam's Ability To Trap Sediment, Phosphorus Nearly Capacity (Written By: Karl Blankenship and Reprinted from the November issue of the Chesapeake Bay Journal.) Organic Transitions Farm Workshop In Montgomery County Nov. 15 On November 15 from 1:00 to 5:30 p.m., the Southeastern Pennsylvania Resource and Development Council will host a free Organic Transitions Farm Workshop for small farmers at the Greener Partners Longview Center for Agriculture in Collegeville, Pa. The event will focus on teaching growers how to implement organic, low-input, sustainable techniques in their operations, and includes a tour of the center and series of lectures. Participants will have the opportunity to see farmland conservation practices being implemented, including those benefiting soil, water, and pollinator habitat preservation. A tour of the Longview Center for Agriculture, a 90 acre certified organic farm, will showcase how a wide array of conservation-oriented techniques, such as cover crop rotations, seasonal high tunnels,

integrated pest management, and organic orchard management, can be utilized to holistically address a wide range of natural resource concerns. Andrew Frankenfield, Penn State Extension Educator for Montgomery County, will provide participants with a dynamic presentation on expert cover crop management techniques, including cover crop species selection and rotation as it relates to improving overall soil health. No till systems, as they relate to sustainable practices, will also be addressed. Information about the financial and technical resources available to growers interested in adopting conversation practices which support organic agriculture systems will be presented by Austin Drager, Natural Resource Specialist for the Natural Resources Conservation Service. Additionally, Rick Fonda, production manager for the Longview Center for Agriculture, will provide valuable insights on how biological controls can be used to great advantage in an integrated pest management regime for an organic management system, including strategies that have proven to be most effective at Longview. A special emphasis will be devoted to exploring how NRCS conservation practices and activity plans can be employed to guide growers closer to becoming certified by a third part certifier. Topics to be discussed include The Transition to Organic Plan, organic system plans for certified organic operations, and the process of becoming certified through the USDA National Organic Plan. This informational session will be followed by a question and answer portion. Refreshments will be available for purchase at the Longview Center for Agriculture Market. Additional information about organic agriculture will also be available to participants. Online registration and more information is available on the SRCDC website or call 877-610-6603. There is no cost to attend the event. CBF: PA Manure Management Manual Valuable Guide For Farmers The Chesapeake Bay Foundation commends the Department of Environmental Protection for the October 29th release of newly revised guidelines for managing, storing, and spreading manure on farm operations. The release of the Manure Management Plan Guidance is the result of two years of deliberate and thorough negotiations and discussions between DEP, livestock producers, environmentalists, and others, with a goal of developing clear direction for all Pennsylvania farms that produce livestock or use manure on their crops. The guide enables farmers to keep the manure nutrients on the fields, where they are needed, and out of local waterways, explained Kelly ONeill, CBFs Agricultural Policy Specialist in Pennsylvania, and participant in the revision process. At the same time, it does not create onerous requirements for farmers facing tight financial circumstances. Since 1977, farms have been required to prevent manure runoff to streams and other water bodies from land application, spillage, storage overflow or leakage, and barnyard runoff. However, the requirements were vague, and often not fully understood or explained to farmers. Through the new guidelines every farm that produces or uses manure will be required to develop a written Manure Management Plan to be kept on-site, with records of manure applications and other on-farm practices.

The Manure Management Plan Guidance: requires manure application setbacks from streams or other water bodies; defines the maximum winter manure application practices and rates; prescribes best management practices for barnyards, feedlots, and other animal concentration areas, as well as for temporary manure stockpiles; and additional practices, to prevent manure runoff to water bodies. Penn Ag Industries Association applauds the efforts of DEP to revamp the manual into a farmer friendly, useful tool which, when implemented, will bring all Commonwealth farms into compliance with protecting our natural resources for future generations, stated Jennifer ReedHenry, Chair of DEPs Agricultural Advisory Board and Assistant Vice President of Penn Ag Industries Association. In addition to providing the overall scope and guidance for on-site manure management, DEP has also provided a straightforward workbook to assist farmers in developing their plans. The workbook is a long-overdue tool that guides farmers through the steps of developing a customized plan, and how to carry it out. said ONeill. The Manure Management Manual, with instructions, rate charts, and a workbook is available online. (Note: This document may be temporarily unavailable online due to an upgrade of DEP's eLibrary system.) NewsClips: PA Issues Manure Guide Chesapeake Bay Cleanup Plan Gets Major Makeover Hearing: EPA Overreaches In Chesapeake Bay Program DEP Testimony On Progress Implementing Chesapeake Bay Plan New Delaware Riverkeeper Brochure Recommends Native Plants, Buffers Delaware Riverkeeper Network has just released "20 Ways to Protect Streams & Streamside Properties," a new brochure that profiles 36 native plants to consider planting. The new brochure also highlights simple actions individuals can take, like planting native plants, to protect streams. Native plants, especially native trees and shrubs are important to the watershed because they shield the ground from heavy rains and slow runoff from the land The brochure encourages the planting of these natives using full color photos showing the selected species at their best bloom, color and growth. The images of the recommended plants included in the brochure are displayed at a minimum size of 1.5" x 3.25". The new brochure can serve as a resource for gardeners and land managers and can also be displayed as poster. The brochure is printed on heavyweight stock and coated for durability to be long-lasting and look good hanging on your wall. This project was financed in part by the Department of Environmental Protections Healthy Waters Program with funds provided by the U.S. Environmental Protection Agency. A limited number of print copies of this brochure are available, but it can be downloaded from the Delaware Riverkeeper Network's website. Reeds Run Coal Refuse Removal/Wetland Project To Be Dedicated Nov. 15 The Aultman Watershed Association for Restoring the Environment, Stream Restoration, Inc. and many partners will dedicate the now completed Reeds Run Coal Refuse Pile Removal and Wetland project on November 15 in Armstrong Township, Indiana County near McIntyre, Pa.

This project is the fruition of nearly a decade of work to restore the headwaters of Reeds Run, a tributary to Aultmans Run. For the first time in over 50 years, fish have returned to a section of stream that had been devoid of life due to the impacts of AMD. Through an innovative public-private partnership effort this project was expanded at no additional cost to the Commonwealth to not only construct a three-quarter acre aerobic wetland, but actually remove the source of the acid mine drainage, a small refuse pile. Over 70,000 tons of coal refuse was removed, which was a major source of the second largest discharge in the entire 28-square mile Aultmans Run Watershed. This project would not have been possible without the project partners including: AWARE, Central Blair Electric, U.S. Environmental Research Service, Robindale Energy, Harsco Minerals, local volunteers, Quality Aggregates Inc., DEP, Indiana County Conservation District, BioMost, Inc., G&C Lab, Indiana University of PA, Saddle Creek Farms Bedding, Indiana County Solid Waste Authority, and Stream Restoration Inc. John Stefanko, DEP Deputy Secretary for the Office of Active and Abandoned Mine Operations, is planning to attend. For more information and details on the event, send email to: sri@streamrestorationinc.org or call 724-776-0161. DEP Invites Comments On Revised Duckard Creek TMDL, Greene County The Department of Environmental Protection published notice inviting comments on a revision to the Dunkard Creek Total Maximum Daily Load Plan designed to reflect a proposed NPDES permitted discharge. (PA Bulletin page 6155) Comments on the proposed revisions are due December 28. A copy of the revised plan is available on DEP's TMDL webpage or from Bill Brown, DEP TMDL Development Section by calling 717-783-2951 or sending email to: willbrown@pa.gov. Nov. 17 Workshop Will Teach Grant Writing For Watershed Groups In Lehigh On November 17 from 11:00 a.m. to 3:30 p.m., the Southeastern Pennsylvania Resource Conservation and Development Council in cooperation with the Lehigh County Conservation District will host a step-by-step grant writing workshop for regional nonprofits, watershed volunteers, staff and board members. Ideal for novice grant-seekers, the workshop will focus on teaching participants the proposal planning, research, writing, and grant submission process. Topics to be discussed at the workshop include defining funding needs, the existence of grants and how they differ, conducting funding research, writing a proposal, and approaching funders. Emphasis will be on determining which grant opportunities best match participants unique programs and needs. Allison Trimarco of The Nonprofit Center at LaSalle University School of Business will be presenting the workshop. Online registration and more information is available on the SRCDC website or call 877-610-6603. There is a $25 cost to attend the event.

DCNR Sets Grant Workshops, Stormwater Management Webinars The Department of Conservation and Natural Resources Bureau of Recreation and Conservation is offering a workshop and web-based seminar to prepare applicants for the next round of its Community Conservation Partnership Grants Program. Also, the first of a new seminar series will address efficient stormwater management. The 2012 grant application round opens January 11 and closes April 4. The process will rely exclusively on an electronic application process, known as DCNR e-Grants, which will offer more efficient service to applicants while streamlining applications and eliminating oncevoluminous paperwork. Training opportunities offered in the upcoming weeks will prove invaluable to community leaders, consultants, board members, and park and recreation professionals, said DCNR Deputy Secretary for Conservation and Technical Services Cindy Dunn. These workshops and seminars are designed for anyone interested in learning about resources available to plan, acquire and construct public recreation and conservation areas in their communities. In addition to the grant training opportunities, DCNR also will conduct the first of several web-based seminars, or webinars, as part of its newly initiated training series on Green and Sustainable Practices, said Dunn, who oversees the Bureau of Recreation and Conservation. With an eye toward continued streamlining of its 2012 grant application process, DCNR again will offer a new series of free public workshops designed to facilitate participation in the Community Conservation Partnerships Program, popularly known as C2P2. Dates and meeting places of these six statewide workshops in February and March will be announced at a later date. DCNRs C2P2 grants provide funding for the planning, construction, and acquisition of public parks, trails, and conservation areas. Applications require submission of documents and forms that often take significant lead time to prepare. Both the webinar and grants workshop will foster a better understanding of eligible projects, eligible applicants, application requirements, and a general overview of the eGrants application process, Dunn said. Meanwhile, our second webinar is focusing on Lancaster, a model of cost-effective and responsible strategies to address storm-water runoff and combined sewer overflow in a green and sustainable way, noted Dunn. Participants will learn of the best storm-water management practices that can be implemented in their communities. Workshop/Webinar Schedule The series will offer: -- November 16 Workshop: Obtaining Resources for Public Parks, Conservation Areas, and Trail Systems. Held in conjunction with the Pennsylvania Recreation and Parks Societys (PRPS) fall membership meeting, the session will be offered from 1:30 p.m. to 3:30 p.m. November 16, at Stuart Community Center, 415 Franklin St., Carlisle, Pa.; -- December 8 Webinar: City of Lancaster's Green Infrastructure Plan/Stormwater Best Management Practices. Offered from 10 a.m. to 11:30 a.m. December 8, the session will take a close look at Lancaster where the citys combined sanitary/storm sewer system allows polluted water to flow into the Conestoga River and Chesapeake Bay. Pre-registration is required for all sessions. To register, go to DCNR's online reservations webpage. Once registered, a confirmation email containing further instructions will be forthcoming.

For additional information, contact Linda Manning by sending email to: linmanning@pa.gov or call 717-783-4736. PUC: Water Companies Must Do Better Job Tracking Water Losses The Public Utility Commission Thursday voted to continue a measure designed to help its jurisdictional water companies better track and reduce levels of unaccounted-for water. The Commission voted 5-0 to direct the five participating companies, Aqua Pennsylvania Inc., Pennsylvania-American Water Company, The Superior Water Company, the York Water Company and United Water Pennsylvania Inc. to file their annual Water Audit summaries with the Commission for the year ended December 31, 2011, no later than April 30, 2012, and to continue filing annual Water Audit summaries. The Commission has successfully implemented another groundbreaking regulatory tool, which has helped achieve a number of public interest benefits, said PUC Chairman Robert F. Powelson. The continuation of this water audit will advance overall infrastructure reliability, help preserve water resources, limit water leakage, reduce overall company risk, and enhance customer service. The Commission also directed all other Class A water utilities (those that earn more than $1 million in annual revenue) to commence filing annual Water Audit summaries with the Commission the year ended December 31, 2012 and no later than April 30, 2013. These other Class A water utilities presently include Columbia Water Company, Newtown Artesian Water Company, CAN DO, Inc-Water Division, United Water Bethel, Inc., and Audubon Water Company. As part of the PUC's approval, the Commission directed the PUC Law Bureau to prepare proposed regulations implementing the Water Audit methodology as a best management practice in water loss control in Pennsylvania. Interested parties may submit comments up to 30 days from the entry of this Tentative Opinion and Order by contacting the PUC Secretary, P.O. Box 3265, Harrisburg, PA 17105-3265. At the Public Meeting of September 16, 2008, the Commission approved a motion by Commissioner Robert F. Powelson to seek comments on the creation of a Water Audit pilot program that would enhance the companies tracking of levels of unaccounted-for water, which is water that is lost between the treatment plant and sale to customers. Causes of unaccounted-for water include underground leakage, inaccurate billing information and unauthorized use. The Water Audit was designed to provide an effective, standardized structure by guiding the water utility to quantify apparent and real loss volumes in a systematized approach and assigning cost impacts to the losses. The voluntary pilot program was designed to further overall infrastructure reliability, help preserve water resources, limit water leakage, and enhance customer service. DEP Veterans Day Hours, Water Sampling Procedures, Disaster Center Hours Although the Department of Environmental Protections regional offices were closed November 11 for Veterans Day, all state Disaster Recovery Centers will offer normal operating hours, from 11 a.m. to 7 p.m., to serve residents in areas affected by flooding.

Because of the shelf life on well water samples, residents who need to drop off test kits for analysis at DEP regional offices and DRCs should wait until the week of November 14 to do so. Test kits can be picked up at the regional offices and DRCs during posted operating hours. The 12 DRCs across the state are available to assist residents with flood-recovery efforts and provide information on loans and unemployment services. They are located in Bradford, Columbia, Dauphin, Delaware, Huntingdon, Lancaster, Lebanon, Luzerne, Lycoming, Northumberland, Philadelphia and Wyoming counties. The Lancaster County DRC at the M&T Bank Building in Lancaster and the Northumberland County DRC at the Career Link Building in Shamokin will close permanently November 11 at 7 p.m. DEPs regional offices will also be closed for Thanksgiving on November 24 and 25, so watertest kits must be dropped off before November 22 or not until November 28. For more information, visit DEP's Flood Related Information webpage. Keep Pennsylvania Beautiful Recognizes Outstanding Volunteers and Programs Keep Pennsylvania Beautiful announced they have awarded Nicole Chandler with their Presidents Award at their Annual Volunteer Recognition Dinner held November 2 at the Fred Rogers Center on the St. Vincent College campus. The Presidents Award for Distinction in Volunteerism was developed in 2007. This annual award honors a volunteer who has demonstrated a sustained commitment and exceptional contributions to the Keep Pennsylvania Beautiful mission. Nicole Chandler As the leader of Keep Royal Gardens Beautiful, an affiliate of Keep Pennsylvania Beautiful, Nicole has led the cleanup and beautification of Morris Park in West Philadelphia over many years. Keep Royal Gardens Beautiful has held dozens of cleanups removing and properly disposing hundreds of tons of trash and invasive species. In addition, Nicole has led thousands of volunteers to create many garden areas and planted hundreds of various flowers, vegetables, and trees while generating significant in-kind donations. Under Nicoles leadership, Keep Royal Gardens Beautiful has an extensive network of volunteers and partnering organizations. Recently, Keep Royal Gardens Beautiful has acquired permanent space at the Rose Recreation Center within Morris Park to do educational programming. Renovations are ongoing and she hopes to have school groups coming in by the beginning of the year. This is not the first time Nicole has been honored for her efforts. In 2008, Ebony Magazine recognized Nicole for her commitment to her community and was a Regional Winner for Woman of the Year. Nicole is a community spark plug. She is a doer and she has truly made a difference in her community, said Keep Pennsylvania Beautiful President Shannon Reiter. Nicole Chandler is a shining example of how one person can truly make a difference. Keep Pennsylvania Beautiful also honored outstanding programming work being done in their three focus areas of Prevent It, Clean It, and Keep It. The three award winners received Keep Pennsylvania Beautifuls Gold Shovel Award. Keep Huntingdon County Beautiful

The Prevent It category went to Keep Huntingdon County Beautiful. In an effort to educate local school children about the effects of illegally dumped trash, Keep Huntingdon County Beautiful designed a dump site field trip so that students can witness how the accumulation of simple litter can turn into so much more, as piles of bottles are met with appliances, old furniture, tires, and household waste. A simple trail is created around a chosen dump site so the students have a safe place to walk, away from the piles of waste. Students identify and analyze the items in the dump and its potential source of pollutants, and the impacts to human health, wildlife, and recreation are discussed. A groundwater model is used to show that underlying geology can greatly affect how pollution travels from a dump site and can possibly contaminate surface and groundwater sources. Allegheny CleanWays The Clean It category went to Allegheny CleanWays. In 2010, the DumpBusters program was created in response to Pittsburgher Joe Divacks daily efforts to rid the city of Pittsburgh of illegal dump sites. The goal was to create a small crew of volunteers that would be on call seven days a week, 12 months a year to clean small sites, provide expertise to communities, and respond to new dumping incidents. The program, started without funding and on faith that volunteers would step forward, blossomed as both volunteers and local residents began to recognize the good work being done by the crew. The DumpBusters crew now consists of 20 regular volunteers and in one year has revolutionized the affiliates ability to clean up dump sites and engage local people. To date, the DumpBusters have removed 55 sites and 283.55 tons of debris from Pittsburgh and tackled one of the largest cleanups in Allegheny CleanWays history. Keep Philadelphia Beautiful The Keep It category went to Keep Philadelphia Beautiful and their Bags to Blankets program. Bags to Blankets is a school awareness program promoting the Bring It Back Philly plastic bag recycling initiative - a public education and outreach effort aimed at increasing awareness of the recyclability of plastic bags and wraps, and locations where they can be conveniently recycled. Keep Philadelphia Beautiful unites business, nonprofits, and community and government organizations around the common goal of promoting the recycling of plastic bags and wraps. Over 300 retailers in Philadelphia are now recycling plastic bags at their location. Running from November 2010 through February 2011, ten schools participated in the Bags to Blankets program. Students collected over 20,000 bags and participated in retailer tabling events to disseminate information to customers. Over 100 blankets were donated to organizations assisting families in need in the name of the partnering school including the Red Cross and St. Francis Soup Kitchen. Keep Pennsylvania Beautiful affiliates and local Keep America Beautiful affiliates nominated their own volunteer of the year and these volunteers were presented with an engraved walking stick as a tribute to their efforts to keep Pennsylvania beautiful. America Recycles Day Kicks Off With Special Event In Capitol November 15

Lt. Gov. Jim Cawley, Keep Pennsylvania Beautiful and its partners will hold a special event on America Recycles Day November 15 at the Capitol in Harrisburg to launch a new initiative called A Bag's Life to promote the recycling of plastic shopping bags. A Bag's Life is a partnership between retailers, government, non-profit organizations, recyclers and plastic bag producers to encourage Pennsylvanians to reduce, reuse and recycle. More than 1,400 retail locations and 30 different retail companies are supporting this initiative. Visit the Keep Pennsylvania Beautiful website on November 15 for details. Covanta Energy Announces Community Outreach, Environmental Justice Policy Covanta Energy Corporation, owner and operator of Energy-from-Waste and renewable energy projects, announced the release of its Community Outreach and Environmental Justice Policy at their facility in Chester, Delaware County on Wednesday. Prepared in response to the need to ensure all communities, especially communities which are disadvantaged, have a fair and just opportunity to participate in the decision making process in matters impacting their local environment, this policy codifies the efforts that Covanta has already undertaken in the communities in which it has or will have facilities. The new policy provides a tangible commitment by Covanta to engage fully with these local communities, to reduce discharges and minimize emissions and to do this in a manner which ensures meaningful involvement by those communities. "We are pleased to announce the adoption of our policy in Chester, Pennsylvania, alongside Reverend Horace W. Strand, chairman of the Chester Environmental Partnership. Our involvement and operations in Chester have helped us to understand the importance of a comprehensive environmental justice strategy and how to effectively interact with communities. Reverend Strand's success with the Chester Environmental Partnership has clearly demonstrated the benefits when all parties work together," said John G. Waffenschmidt, vice president for environmental science and community affairs. The U.S. Environmental Protection Agency defines Environmental Justice (EJ) as the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. "This action on behalf of Covanta ensures that citizens residing in the communities where we have facilities, regardless of their background, will have meaningful involvement and a seat at the table when it comes to the public decision-making process for issues that may impact their way of life," continued Waffenschmidt. Covanta works closely with communities during the operational phase of a facility's existence. A structured process is utilized to provide the opportunity for early knowledge and meaningful involvement by potentially impacted communities. This proven approach has led to successful and enduring community/industry relationships. In every community in which Covanta operates, the company seeks to build stronger ties via participation in local activities such as community cleanups, environmental fairs, educational outreach, and participation in civic organizations. Developed with input from a variety of EJ experts, the new Community Outreach and Environmental Justice Policy released today reaches beyond these types of programs, extending

Covanta's commitment to involving local citizens in major permit activities that the company may be considering in a given community at a given point in time. "This is a great occasion and honor to have Covanta select our meeting to make this public announcement, and it reflects the outcome of many years of productive collaboration between the industry and the community. This is indeed historical and anyone committed to environmental justice should be proud to be a part of this event," said Reverend Strand. The Chester Environmental Partnership was founded in 2005 by Reverend Strand in an effort to improve health and the environment through cooperative action. The CEP is a broadbased organization with representation from the community, Chester City Government, Department of Environmental Protection, U.S. EPA Region III, Covanta Energy Corporation, local businesses, churches, non-profit organizations, Swarthmore College, Widener University, Crozer-Chester Hospital, and a number of developers. Covanta's Energy-from-Waste facilities provide a safe, sustainable waste disposal method that reduces greenhouse gases and produces clean, renewable energy from municipal solid waste. A copy of the policy is available online. DEP Awards Small Business Pollution Prevention, Energy Efficiency Grants The Department of Environmental Protection Monday awarded $293,889 in grants to help 46 small businesses around the state invest in energy efficiency or pollution prevention projects. DEP is now accepting applications for a special round of Advantage Grant Program for businesses which suffered storm damage. Applications are due December 31. This program empowers small-business owners to invest in important upgrades that make the most sense for their business, DEP Secretary Mike Krancer said. It gives them the opportunity to lower the costs of production, which makes them better environmental stewards and more competitive. Pennsylvanias Small Business Advantage Grant Program provides small businesses with fewer than 100 employees 50-percent matching reimbursement grants of up to $7,500 to implement projects that will save $1,000, in addition to 25 percent annually in pollution prevention or energy-related costs. Since 2004, the program has invested $5.3 million in 1,451 small businesses. Examples of eligible projects include High Efficiency HVAC and insulation upgrades for new businesses; high-efficiency lighting to save energy; installation of energy-efficient heat pumps; and new auxiliary power units that help large trucks reduce time spent with idling engines. For more information about the Storm Relief Small Business Advantage Grant Program, download the application package or contact DEPs Small Business Ombudsmans Office at 717-772-8909 or send email to: epadvantagegrant@pa.gov. A list of grants awarded is available online. EPA Seeks Green Chemistry Challenge Award Nominations The U.S. Environmental Protection Agency is now accepting nominations for the Presidential Green Chemistry Challenge Awards. Nominations are due to the agency by December 31.

Green chemistry is the design of chemical products and processes that reduce both the use and generation of chemicals that are hazardous to the environment and peoples health. These presidential awards recognize technologies that create safer and more environmentally friendly chemicals, manufacturing processes, and products, said Steve Owens, assistant administrator for EPAs Office of Chemical Safety and Pollution Prevention. Green chemistry is driving innovation to safer chemicals and helping to create new jobs in a greener economy. The 2012 Presidential Green Chemistry Challenge Awards mark the 17th year of the program. This year, EPA is encouraging nominations for technologies that will reduce or eliminate chemicals that present serious health risks to children, such as diisocyanates, phthalates, bisphenol A, certain flame retardants, formaldehyde, lead and mercury. Throughout the first 16 years, EPA received more than 1,400 nominations and presented awards to 82 entrants. Winning technologies alone are responsible for reducing the use or generation of more than 199 million pounds of hazardous chemicals, saving 21 billion gallons of water, and eliminating 57 million pounds of carbon dioxide releases to the air. More information on how to submit entries is available on EPA's Green Chemistry webpage. Natural Gas Utilities, Suppliers Brief PUC On Winter Reliability The Public Utility Commission held its annual Winter Reliability Assessment Meeting Wednesday where presenters reported that natural gas companies across Pennsylvania are prepared for this winter. The presenters discussed the various conditions that may affect supply, price and service reliability of natural gas this winter. Terrance J. Fitzpatrick, president and CEO of the Energy Association of Pennsylvania, said that their members are well prepared to accommodate the conditions forecasted in their winter season planning design. J.P. Ghio, vice president of gas supply for UGI Utilities Inc., noted that UGI contracts for firm supply to meet peak day demands of core market customers Spectra Energy Transmission LLCs Robert G. Riga added that his companys assets are well positioned to access and attach existing and new sources of natural gas supply. Joseph L. Hartz, vice president of supply and operations for UGI Energy Services Inc., said the US Energy Information Administration expects higher average fuel bills this winter heating season for heating oil and propane users. In her presentation, Yasmine Snowberger of the Commissions Bureau of Technical Utility Services discussed several key points about supply and demand for the natural gas industry. PUC Told More Education Needed To Drive Electric Customers To Shop For Energy The Public Utility Commission Thursday heard from public polling experts who indicated that a majority of Pennsylvania electric consumers know they can change their electric supplier, however, less than half have explored making a change.

Panelists noted that Pennsylvania is a leader for consumer education and for its electric shopping website, but that more needs to be done to inform the state's consumers about electric competition, to drive consumers to PAPowerSwitch.com, and to promote switching suppliers. The Commission heard from four separate firms who polled Pennsylvania consumers about shopping for the electricity. Their testimony was part of an en banc hearing to examine the status of the current retail market and explore what changes need to be made to allow customers to fully realize the benefits of competition. Audio of the hearing and copies of testimony are available on the Commission's website. According to the presentations from the various public polling experts: -- A significant majority of Pennsylvanians are aware they can change their electric supplier; -- Slightly less than half have actually looked into changing their supplier; -- About one-third of those shopping have heard of PAPowerSwitch.com; -- Of those who visited PAPowerSwitch.com, almost nine of ten respondents found it easy to use; -- Price is the main concern driving customers to switch to a competitive electric supplier; -- Many respondents indicated they are not switching because they perceived that the savings were not significant enough; and -- Consumers were more likely to switch suppliers if other products and services were a part of the offer from the supplier Poll results were presented by Terry Madonna, of Terry Madonna Opinion Research, and Alphabuyer a group buying company that negotiates rates, options and terms on behalf of consumers. Results from a Zogby poll and a presentation by pollster Dave Sackett of the Tarrance Group, a Washington, D.C.-based polling group, also were given. The hearing also included panels addressing issues such as a statewide consumereducation campaign; accelerated switching timeframes; customer referral programs; retail opt-in auction; and default service plans beyond June 2013. The panels included a mix of consumer advocates as well as utility and supplier representatives. Interested parties are welcome to submit written comments after the en banc hearing no later than November 23. Comments along with any questions about the hearing can be send by email to: ra-rmi@pa.gov. The comments will be considered as part of the process to develop an intermediate work plan. On April 28, 2011, the Commission launched its retail electricity market investigation, which is being conducted in two phases. The first phase was designed to assess the status of the current retail market and explore what changes need to be made to allow customers to fully realize the benefits of competition. On July 28, 2011, the Commission directed its Office of Competitive Markets Oversight to hold technical conferences to address intermediate and long term issues pertaining to the competitive retail electricity market and provide specific proposals for changes to the existing retail market and default service model. The second phase is examining and addressing how to best resolve the issues raised and implement the prudent changes identified based upon information gathered during the investigation. Visit the PUC's Electric Market Investigation webpage for more information. NewsClips: Pennelec Has Growing List Of Electricity Provider Options

Electric Customers Shrug Off Choice Most In PA Avoid Shopping For Electricity Poll: 3/4 Of Residents Likely To Shop For New Electricity Supplier To Save 10 Percent A new statewide poll from Terry Madonna Opinion Research shows 78 percent of Pennsylvania residents would consider switching to a competitive electricity provider if it meant they could save about 10 percent on the electricity generation portion of their utility bill. The fall 2011 telephone poll of 801 Pennsylvania adults, commissioned by Constellation Energy, one of the nation's leading electricity suppliers, found that more than three-fourths of those polled are very likely or somewhat likely to choose a new supplier if they can reap savings of 10 percent or more. Given the challenges of todays economy, Pennsylvanians clearly are motivated by the ability to save money and if theyre convinced they can save over a long period of time, theyll switch their electric supplier, said pollster Terry Madonna. Its clear more education needs to be done, because while nine out of 10 Pennsylvanians are aware they can change suppliers, our poll found that less than half have actually looked into changing. Madonna, director of the Center for Politics and Public Affairs at Franklin & Marshall College in Lancaster, said 88 percent of Pennsylvanians said they were aware that they can shop for and change their electric supplier; 45 percent have looked into actually changing. The state Public Utility Commission reports that 23 percent of Pennsylvania residential consumers have changed electricity suppliers. The poll found that of those Pennsylvanians who looked into changing their supplier, almost half had visited www.PAPowerSwitch.com sponsored by the state PUC to learn more about electric suppliers. And nearly nine in ten visitors to the site thought it was easy to use and understand. This poll reinforces the strong leadership role the state of Pennsylvania has played in helping to educate consumers so they can reap the many benefits that are available in the competitive electric market, said David Fein, vice president and director of Retail Energy Policy for Constellation Energy. Whether you are interested in price certainty, the opportunity for savings, innovative products and services, renewable or green energy options, you can find those in the competitive retail electric market, Fein said. More states should follow Pennsylvanias lead by making customer education and outreach a high priority as part of the development of the competitive retail market, Fein said, noting that business customers have been shopping and saving in the competitive marketplace for years but sustained educational outreach is critical to ensure more homeowners and renters become aware of these same opportunities. Constellation Energy launched its residential offering in the Greater Philadelphia region this summer in the PECO service territory with multiple direct mail offers to 650,000 homeowners and renters. Constellation sells power to thousands of commercial, industrial and government customers in Pennsylvania, and has been active in the state since the onset of electric competition. Constellation Energy, which serves two-thirds of Fortune 100 companies, can help customers save by offering power prices that reflect todays low wholesale costs when compared

to standard utility rates. Consumers may learn more about the companys electricity savings online. Residential consumers who choose an alternative electricity supplier will continue to have their power delivered by their electric utility and will continue to contact their electric utility for queries about outages. Visit the PUC's Electric Market Investigation webpage for more information. NewsClips: Pennelec Has Growing List Of Electricity Provider Options Electric Customers Shrug Off Choice Most In PA Avoid Shopping For Electricity Electric Companies Told To Provide Details On Storm-Related Outages The Public Utility Commission Thursday required the states electric distribution companies to provide detailed information about recent storm-related outages and planned corrective actions for some of the poorest performing circuits. The Commission must balance the reliability of service with its affordability; an electric distribution system immune to weather events would probably not be affordable for many customers, said Commission Chairman Robert F. Powelson and Vice Chairman John F. Coleman Jr. in a joint motion. However, the Commission expects that customers experiencing service outages will be restored within a reasonable period of time. The Commission further expects that electric utilities will appropriately invest in their distribution systems and give the necessary level of priority to the most troubled segments. The Commission voted 5-0 to approve the motion, which asks the companies to identify: -- Those areas that experienced outages longer than 24 hours during the last six months and how they correlate with the EDCs poorest performing circuits as reported in the companys quarterly reliability reports. -- Restoration activities associated with these circuits during those outages, including system damages as well as a description of the mitigating factors that may have hampered restoration. -- Corrective actions planned or contemplated to reduce the frequency and duration of outages on either the circuits affected by the weather events and/or the worst performing circuits. Unfortunately, much of Pennsylvania suffered a series of extreme weather events over the past six months that caused many electric customers to experience extended service outages, the motion said. It appears that a significant number of customers may have suffered extended outages during more than one of these events. The Commission wishes to verify these facts, and investigate whether there are additional remedies that can and should be adopted to improve the reliability of service, particularly during extreme weather events. New Jersey To Appeal Federal Court Ruling On Homer City Power Plant Gov. Chris Christie announced Tuesday New Jersey will appeal a ruling by the federal District Court in Western Pennsylvania that dismissed New Jerseys legal effort to force the owners of a coal-fired Pennsylvania power plant to substantially reduce those emissions. We are deeply disappointed by the federal judges ruling, said Gov. Christie. New Jersey is adversely impacted by air pollution that comes from this coal-fired power plant in Pennsylvania that is one of the most polluting power facilities in the nation, and which

negatively impacts the health and welfare of our residents. This Administrations commitment to the improvement of air quality remains a top priority, and that includes targeting some of the most prolific out-of-state air polluters. Even though the Homer City power plant in western Pennsylvania is hundreds of miles away, its emissions affect public health and the environment here in our state, said Department of Environmental Protection Commissioner Bob Martin. The federal Clean Air Act requires plants like this to install the best available devices to reduce emissions and protect the public health. We intend to see that occurs. Commissioner Martin said the States attorneys have been directed to appeal U.S. District Court Judge Terrence McVerrys October 12, 2011 ruling. The Christie Administration has taken a series of aggressive steps to reduce air pollution, including targeting major out-of-state air power plant polluters that send pollution eastwards towards New Jersey. On Monday, the Administration scored a major victory when the federal Environmental Protection Agency announced precedent-setting approval of New Jerseys Clean Air Act petition to significantly reduce huge volumes of harmful air pollutants emitted from a coal-fired Pennsylvania power plant located across the Delaware River from Warren County, and which also pours air pollution into Morris, Hunterdon and Sussex counties. Pollutants must be reduced by 60 percent in 12 months and by 81 percent within three years. The State also has taken the lead in a lawsuit seeking to force Allegheny Energy Inc. and subsidiaries to install pollution-control equipment to reduce emissions of sulfur dioxide and nitrogen oxide at three western Pennsylvania power plants. The goal is to curb emissions that negatively impact New Jerseys air. In February, New Jersey joined New York, Pennsylvania and the U.S. government in a lawsuit against Homer City Station, a 1,884-megawatt power plant that emits more than 100,000 tons of sulfur dioxide (SO2) annually. Those SO2 emissions lead to the creation of fine particulate matter, which is carried by prevailing winds towards New Jersey, and contributes to acid rain. Inhalation of fine particles causes respiratory distress, cardiovascular disease and premature mortality, and is directly linked to increases in asthma attacks, lung diseases, and other health problems. The States legal action, filed in federal District Court in Pittsburgh, alleged that current and past owners of the Homer City Station violated provisions of the federal Clean Air Act by failing to install required state-of-the-art pollution controls when the plant underwent major modifications in the 1990s. New Jersey is seeking an injunction prohibiting further operation of the plant except in accordance with the Clean Air Act; civil penalties for past and ongoing violations of federal law; and mitigation of harm caused by defendants illegal emissions. The Homer City generating station, currently operated by EME Homer City Generation LP, is a large coal-fired power plant, with a 1,217-foot-high smokestack, that is located 50 miles east of Pittsburgh, in Indiana County. Based on 2009 data, the Homer City plant emitted 101,000 tons of sulfur dioxide, which is transported to downwind states, including New Jersey. Erie TreeVitalize Program Now Accepting Applications

Erie County Department of Planning this week announced receipt of a $100,000 from the Department of Conservation and Natural Resources TreeVitalize Grant and is partnering with Environment Erie to offer tree planting grants. Application deadlines are March 1 for fall plantings, and September 1 for spring plantings in 2013. The program is open to all municipalities in Erie County with the goal of increasing tree cover in urban and suburban settings, specifically plantings in rights-of-way and public parks. Maximum grants awarded to a municipality in any one year is $15,000 and requires a 100 percent match. Of those matching funds, at least 25 percent must come from cash purchases and 25 percent from volunteer services. Any organization interested in using TreeVitalize funds to plant within their right-of-way must contact their municipality to fill out a joint application. The goal of TreeVitalize is to plant 1 million trees in Pennsylvania, and more than 279,000 trees have been planted since its inception in 2004. The program creates tree-lined streets and neighborhoods while reducing storm-water runoff, energy bills and air quality degradation. All applications should be submitted to Jessica James, Program Director at Environment Erie, by sending email to: jjames@environmenterie.org or call 814-835-8069. Details on the program will be posted on Environment Eries website or the TreeVitalize website. U.S. Forest Service Documents Environmental Benefits Of Wood As Green Building Material The findings of a new U.S. Forest Service study indicate that wood should factor as a primary building material in green building, Agriculture Secretary Tom Vilsack announced Tuesday. The authors of Science Supporting the Economic and Environmental Benefits of Using Wood and Wood Products in Green Building Construction reviewed the scientific literature and found that using wood in building products yields fewer greenhouse gases than using other common materials. Its gratifying to see USDA confirm what our industry has known all along - that sustainably managed wood was not getting the respect and credit it deserves as an environmentally preferable material," said Paul Lyskava, Executive Director, PA Forest Products Association. "For too long, we've seen some green building standards, such as LEED, use arbitrary scoring systems to effectively discriminate against the use of wood. But the fact is wood is a greener building material than many alternatives, yielding fewer greenhouse gases, improving the health of our forests and environment, and supporting tens of thousands of jobs in Pennsylvania." "This study confirms what many environmental scientists have been saying for years," said Vilsack. "Wood should be a major component of American building and energy design. The use of wood provides substantial environmental benefits, provides incentives for private landowners to maintain forest land, and provides a critical source of jobs in rural America." The Forest Service report also points out that greater use of life cycle analysis in building codes and standards would improve the scientific underpinning of building codes and standards and thereby benefit the environment.

A combination of scientific advancement in the areas of life cycle analysis and the development of new technologies for improved and extended wood utilization are needed to continue to advance wood as a green construction material. Sustainability of forest products can be verified using any credible third-party rating system, such as Sustainable Forestry Initiative, Forest Stewardship Council or American Tree Farm System certification. "The argument that somehow non-wood construction materials are ultimately better for carbon emissions than wood products is not supported by our research," said David Cleaves, the U.S. Forest Service Climate Change Advisor. "Trees removed in an environmentally responsible way allow forests to continue to sequester carbon through new forest growth. Wood products continue to benefit the environment by storing carbon long after the building has been constructed." The use of forest products in the United States currently supports more than one million direct jobs, particularly in rural areas, and contributes more than $100 billion to the country's gross domestic product. "In the Rockies alone, we have hundreds of thousands of dead trees killed by bark beetles that could find their way into the building supply chain for all types of buildings," said Forest Service Chief Tom Tidwell. "Taking a harder look at wood as a green building source could reduce the damages posed by future fires, maintain overall forest health and provide muchneeded jobs in local communities." The U.S. Forest Service report identifies several areas where peer-reviewed science can contribute to sustainable green building design and decisions. These recommendations address the following needs for use of wood as a green building material: -- Information on environmental impacts across the lifecycle of wood and alternative construction materials needs to be updated and revised; -- Green buildings codes and standards should include adequate provisions to recognize the benefit of a lifecycle environmental analysis to guide selection of building materials; and -- A lack of educational, technology transfer, and demonstration projects hinder the acceptance of wood as a green building material. Research recently initiated by the wood products industry in partnership with the U.S. Forest Service Forest Products Laboratory will enable greater use and valuation of smaller diameter trees and insect and disease-killed trees. Research on new products and technologies has been initiated including improved cross-lamination techniques and the increased use of nanotechnology. These developments are especially important amidst a changing climate because forest managers will need to increasingly thin densely forested areas in the coming years to reduce the impacts from longer and more severe wildfire seasons. Continued research of wood-based products and technologies will contribute to more environmentally responsible building materials and increased energy efficiency. A copy of the full report is available online. U.S. Dept. Of Interior To Highlight 2 PA Recreation Projects

Secretary of the Interior Ken Salazar recently highlighted two projects in Pennsylvania that will be included in a final 50-state report outlining some of the countrys most promising ways to reconnect Americans to the natural world. The report will represent what states believe are among the best investments in the nation to support a healthy, active population, conserve wildlife and working lands, and create travel, tourism and outdoor-recreation jobs across the country. Landscape conservation and expansion of recreational facilities on the lower Susquehanna River and urban greening in Pittsburgh and Philadelphia are among 100 projects nationwide that will be highlighted in next weeks reporttwo in every stateas part of President Obamas Americas Great Outdoors initiative to establish a 21st century conservation and recreation agenda and reconnect Americans to the outdoors. As part of the large Lower Susquehanna landscape initiative, enhancements are needed to Columbia Boroughs Riverfront Park along the lower Susquehanna in Lancaster County. These enhancements will meet visitor needs and serve as a gateway to the river. They will also educate people about Columbias historic connection to the Chesapeake Bay. Completing a high-trestle bridge and five-mile section of the Manor Rail Trail will link to 23 more miles of trails traversing Lancaster County. In addition, the ongoing relicensing of major hydropower dams on the Susquehanna creates an opportunity for shoreline management, recreation planning, and access development. Pennsylvanias largest cities, Philadelphia and Pittsburgh, are engaged in work designed to bring conservation, recreation, and economic value to neighborhoods that lack parks and trees. Philadelphia prioritized improvement of public schools and parks in under-served neighborhoods in the first tier of the Green 2015 campaign. In Pittsburgh, the Western Pennsylvania Conservancy is targeting neighborhoods for a focused greening initiative and has raised considerable funds from the city and other local partners to implement it. These tailored greening projects in Pennsylvanias two most populous cities will enhance outdoor-recreation opportunities for all age groups, make the cities more attractive tourist destinations, and provide under-served neighborhoods with the plethora of advantages parks offer. By actively engaging communities in the beautification of their own neighborhoods and by planting trees or teaching effective storm-water management techniques, this project creates a collective investment in and further enjoyment of outdoor shared spaces. The report will also include potential actions by the Department of the Interior and its bureaus to support the projects identified. In Pennsylvania, for example, the department could provide financial assistance for improvements to the Riverfront Park in Columbia Borough and designate the Susquehanna as a connecting water trail to the Captain John Smith Chesapeake National Historic Trail. The department could also provide Pittsburgh and Philadelphia with financial and technical assistance to support AGO-related projects of their urban-greening initiatives. The report is a result of 50 meetings with governors and stakeholders held by Salazar and other senior Interior officials to solicit ideas on how to best implement AGO in their states. These projects were identified for their potential to conserve important lands and build recreation opportunities and economic growth for the surrounding communities as part of close engagement with Gov. Tom Corbett and the state of Pennsylvania, as well as private landowners,

local- and tribal-elected officials, community organizations and outdoor-recreation and conservation stakeholders. The full 50-state report will be available online in the coming weeks. Galbraith Gap Land Purchased By ClearWater Now Part Of Rothrock State Forest The ClearWater Conservancy has completed its purchase of 152 mountainside acres in the Galbraith Gap area of Harris Township, Centre County, and transferred the land to public ownership as part of Rothrock State Forest. The transfer to the Department of Conservation and Natural Resources Bureau of Forestry occurred November 4 in State College. Protecting mountain gaps is a priority of ClearWater Conservancys Land Conservation Program. These gaps are important groundwater recharge areas and provide unique habitat for many species of wildlife. Streams that flow through these gaps also often support remnant populations of brook trout, a species in decline throughout its range, said Katie Ombalski, conservation biologist at ClearWater Conservancy. Contributions from nearly 200 community members and local businesses and the hard work of several dedicated volunteers enabled the successful completion of the Galbraith Gap Land Acquisition Project. Funds for the $710,000 purchase came from the following sources: $340,000 Department of Conservation and Natural Resources grant; $200,000 contribution from DCNR Oil and Gas Lease Fund; $94,000 National Fish and Wildlife Federation grant; $9,000 Huplits Trust grant; $2,500 gift from The Wachovia Wells Fargo Foundation; $10,700 a portion of the proceeds from the 2011 Ottos Golf Fest; $10,200 proceeds from ClearWaters Fly Fishing Clinic; $25,000 matching gift from donor Don Hamer; and $25,000 in donations from individuals. To further protect the land, ClearWater Conservancy, in partnership with DCNR and the Nittany Mountain Biking Association, are partnering to develop a sustainable 1.1 mile multi-use trail through the property in 2012 to connect DCNRs Galbraith Gap Trailhead Parking Lot with a portion of the existing Rothrock State Forest trail system. It is important that public access be developed without degrading the sensitive habitats of the Gap conserved by the acquisition, Ombalski said. ClearWater Conservancy was recently awarded a $2,500 RecTAP grant from the PA Recreation and Park Society to fund the trail design by Trail Solutions, a consulting arm of the International Mountain Bicycling Association. The gap serves as the main recreational gateway to Rothrock State Forest for hikers, birdwatchers, mountain bikers, hunters and cross country skiers. Conservation of the parcel provides new and exciting recreational opportunities within a few minutes of State College and its surrounding communities. The long-term conservation of this tract ensures it will continue to provide important habitat for wildlife species. On a more local scale, incorporating this land into the Rothrock State Forest meets the goals put forth for the Galbraith Gap Conservation Corridor in the Centre County Recreation and Greenway Plan, said Jason Albright, district forester for the Rothrock State Forest District. Since 2007, ClearWater Conservancy has added 646 acres on Tussey Ridge to Rothrock State Forest, opening the land for public use in perpetuity.

The property is within the Greater Tussey Mountain and Stone Mountain Important Bird Areas and Central Mountains Important Mammal Area. Its conservation buffers the adjacent Shingletown Gap Biological Diversity Area. The 2,400- foot long unnamed tributary to Galbraith Gap Run coursing through the center of the land is now fully protected, as are the eastern hemlocks that cool the water of the tributary with their shade before it reaches Galbraith Gap Run, making it possible for native brook trout to thrive there. Galbraith Gap Run is one of only five remaining in the Spring Creek Watershed with a reproducing wild brook trout population. Threatened by the woolly adelgid, an insect transplanted from Asia which feeds on hemlocks and can kill them, the hemlocks in Galbraith Gap will be overseen and managed by professional foresters now that the land has been transferred to DCNR. The parcel is home to many wildlife species of interest, some of which are on the decline. Birds listed in the State Wildlife Action Plan that can be found on the property include Acadian flycatcher, Louisiana waterthrush, worm-eating warbler, blue-headed vireo, wood thrush and scarlet tanager among others. It is a known foraging habitat and potential critical habitat for timber rattlesnake and likely foraging and breeding habitat for eastern small-footed bats and northern long-eared bats. ClearWater Conservancy's Land Conservation Program seeks to balance the rapid growth of central Pennsylvania with the conservation of important ecological, cultural, and historic places. We work with interested landowners and managers to determine appropriate and voluntary conservation methods, including land management recommendations, conservation easements, and land acquisitions. For more information about the trail project contact ClearWater Conservancy at 814-237-0400. PA Parks & Forests Fall Newsletter, 2010 Annual Report Now Available Catch up with all the activities and programs of the PA Parks & Forests Foundation by downloading their Fall online newsletter and the 2010 Annual Report. World Wildlife Fund, Coca-Cola Form Partnership To Protect Polar Bears Beginning this month, white will be the new red! Coca-Cola and World Wildlife Fund are joining forces in a new campaign to help protect the polar bears Arctic home. Since the launch of our global partnership in 2007, WWF and The Coca-Cola Company have worked together to further freshwater conservation, both on the ground, and in Coca-Colas global manufacturing operations. Coca-Cola has also worked to improve sustainability within the Coca-Cola system resulting in a 16 percent improvement in water efficiency and 6 percent reduction in carbon emissions since 2004. Together, Coca-Cola has made significant strides in conserving seven of the worlds most important freshwater basins. Today, through a new project called Arctic Home, Coca-Cola will be working together to help ensure polar bears have a place to call home in the future.

For the first time ever, Coca-Cola is turning its iconic red cans white in celebration of the polar bear a Coca-Cola icon since 1922 - and committing up to $3 million to WWFs polar bear conservation efforts. White bottle caps also will be on bottles of Coke, Diet Coke, Coke Zero, Sprite, Nestea, Minute Maid and more. We hope everyone seeing the white cans and white caps will think of the polar bears and want to help. By texting the package code to 357357, people can make an individual $1 donation to WWF. Donations will also be accepted online at ArcticHome.com. Coca-Cola will match all donations made with a package code by March 15, 2012, up to a total of $1 million. Funds raised will go toward WWFs conservation efforts to protect polar bear habitatsfor their survival today and in the future. In addition to donating on ArcticHome.com, visitors can explore, experience and learn about the polar bear and its Arctic habitat. They can also conduct live video chats with WWF scientists and track virtual polar bear sightings. PHMC Now Accepting Keystone Historic Preservation Grant Applications The PA Historical and Museum Commission is now accepting applications for Keystone Historic Preservation Project and Construction Grants. Applications are due March 1. The grants support projects that identify, preserve, promote and protect historic and archaeological resources in Pennsylvania for both the benefit of the public and community revitalization. The grants receive funding from the Keystone Recreation, Park and Conservation Fund. Two types of grants project and construction are available for historic resources in Pennsylvania listed, or eligible for listing, in the National Register of Historic Places. Applicants may apply for only one type of grant. Project grants are available to nonprofit organizations and local governments for planning and development initiatives that enhance historic preservation in communities. Project grant applications may include municipal planning initiatives focusing on historic resources or may be used to meet building- or project-specific planning goals. Construction grants are available for rehabilitation, preservation and restoration activities for historic resources that are publicly accessible. Grants will be awarded through a competitive selection process and are contingent on availability of funds. Applicants are required to use the web-based electronic grant application process (eGrant). For grant program guidelines and eGrant application instructions, visit PHMC online. Keystone Historic Preservation Grants are available in amounts between $5,000 and $25,000 and require a 50/50 cash match. For more information, contact Karen Arnold by sending email to: kaarnold@pa.gov or telephone at 717-783-9927. Mark Your Calendars For Upcoming PA Economic Development Assn. Training Events The PA Economic Development Association has scheduled a series of training opportunities on a variety of topics beginning in early 2012. They include topics like: online site selection,

agricultural lending, best practices in economic development marketing and more. For more information visit the PEDA Upcoming Events webpage. Opportunity To Bid On DEP Projects In Clearfield, Elk, Indiana, Somerset Counties The Department of Environmental Protection published notice of the opportunity to bid on an abandoned mine reclamation project in Clearfield County, a mine reclamation project in Elk County, a reclamation project in Indiana County and another in Somerset County. DEP: RFP For Professional Design Services For Abandoned Mine Reclamation The Department of Environmental Protection published notice requesting proposals for professional design services in order to retain up to eight firms to work with the abandoned mine reclamation program. Proposals are due December 28. (PA Bulletin page 6154) David Sumner Named IRRC Executive Director The Independent Regulatory Review Commission Wednesday announced the appointment of David Sumner, to serve as Executive Director. Mr. Sumner replaces Acting Executive Director, Fiona E. Wilmarth. IRRC Chairman Sil Lutkewitte welcomed Mr. Sumner stating, The decision to hire David as IRRCs Executive Director was based on my, and my fellow Commissioners, continuing commitment to the exceptional quality and independent analysis of regulations that everyone has come to expect from this Commission. David Sumner comes to IRRC with 11 years of experience from the Pennsylvania Attorney Generals Office where he served as a Senior Deputy Attorney within the Bureau of Consumer Protection and later assisted with legislative and policy matters. Prior to joining the Attorney Generals Office he served as Legislative Director and Assistant General Counsel for the Pennsylvania Gas Association. Mr. Sumner is a graduate of Lock Haven University and Rutgers University School of Law. In 2008 he was named as the recipient of the American Bar Associations Jefferson Fordham Award for Outstanding Legal Advocacy. He lives Mt Carmel, Pennsylvania.

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. November 28-- EPA Brownfields Assessment, Cleanup Grants November 30-- iConservePA CSI Pennsylvania Super Sleuth Sweepstakes! December 2-- Chesapeake Bay Watershed Groups Capacity Building Grants December 5-- PennSERVE AmeriCorps Grants December 15-- DEP State Clean Diesel Grants December 16-- Coldwater Heritage Partnership Grants

December 16-- WPC, Dominion Western PA Watershed Mini-Grants December 16-- DEP Environmental Education Grants December 30-- DEP Recycling Performance Grants December 30-- EPA Environmental Educator Awards December 30-- PA Park & Forest Foundation Awards Program December 31-- NEW. EPA Green Chemistry Award Nominations December 31-- DEP Storm Relief Pollution Prevention, Energy Efficiency Grants December 31-- President's Environmental Youth Awards January 6-- EPA Document Your Environment Student Contest January 6-- PA Snowmobile Assn. Trail Improvement Grants January 30-- NEW. Ben Franklin Marcellus Shale Innovation Prizes March 1-- NEW. Erie TreeVitalize Grants April 4-- NEW. DCNR Community Conservation Partnership Grants March 1-- NEW. Keystone Historic Preservation Project and Construction Grants August 1-- PA Snowmobile Assn. Trail Improvement Grants September 1-- NEW. Erie TreeVitalize Grants -- 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 Many Twists In Impact Fee Debate Local Business Leaders Back Levy On Marcellus Drilling House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States SEIU Ad Backs Southeast House Republican Marcellus Tax Proposal Bumsted: Small Room, Major Flak Over Marcellus Bill Op-Ed: Invest Shale Money Wisely Editorial: On Drilling, Republicans Sell Out On Local Control School District To Appeal Somerset County Coal Levy Ruling Other Electronic Waste Disposal Plan Free Not Just Mother Nature To Blame For PPL Power Outages PPL To Replace Aging Power Line In Montgomery Pennelec Has Growing List Of Electricity Provider Options Electric Customers Shrug Off Choice Most In PA Avoid Shopping For Electricity NPR Report Finds 16 Facilities On EPA Air Pollution Watch List EPA: Benzene Level Near School Warrants More Testing EPA To Follow Up Air Monitoring At South Allegheny PA Mercury Pollution Discussed

Editorial: Casey: Vote For Clean Air Editorial: Cleaner Air Will Save Lives Renewable Energy Outlook Dims $3.2 Million Wind Farm State Grant Creates 3 Jobs Latino Group Funds Green Housing In Philadelphia Editorial: LIHEAP There To Help Philadelphia To Host Green Conference Pittsburgh's Industrial Sites Ripe For Transformations Study: Southeast Buildings Ripe For Energy Updates Planning To Begin On 5-Mile Extension Of Heritage Trail Water Trail Economic Impact Senate Resolution Passed Study Says Biking Would Cut Pollution, Health Costs Open Space Tax Approved In Lower Saucon, Fails In Allen Open Road Lauches Bradford Morrow's Fall Of The Birds Academy Of Sciences And World Of Birding Scenic America To Meet In Pittsburgh

Marcellus Shale NewsClips

Here are NewsClips on topics related to Marcellus Shale natural gas drilling--Many Twists In Impact Fee Debate Local Business Leaders Back Levy On Marcellus Drilling House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States SEIU Ad Backs Southeast House Republican Marcellus Tax Proposal Bumsted: Small Room, Major Flak Over Marcellus Bill Op-Ed: Invest Shale Money Wisely Editorial: On Drilling, Republicans Sell Out On Local Control DRBC Posts New Rules To Allow Gas Drilling In Region DRBC Tweaks Proposed Gas Drilling Regulations DRBC Proposes New Gas Drilling Rules Groups Respond To DRBC Drilling Rules Sold Down The Delaware River? Groups Push Stronger Environmental Protection In Marcellus Bills Proposed PA Drilling Bills Not Strong Enough: Environmentalists PA Shale Rules Fall Short Critics Say PUC Posts New Rules For Gas Pipelines PUC Accepts Withdrawal Of Laser NE Pipeline Utility Application Exeter Twp Opposes House Bill On Drilling One Of Three Fracking Referendums Passes Ban On New Gas Drilling Rejected By Peters Twp Voters Drilling Ban In Peters Twp. Defeated, Succeeded In State College Greene Twp Exploring Marcellus Ordinance South Fayette Twp Rejects Range's Drilling Appeal

Judge To Decide On Drilling Injunction In S. Fayette PG Pipeline: Local Ordinances Regulating Drilling DOE Panel Warns Of Environmental Toll Of Drilling Practices Agency Finds 1 In 7 Bradford Water Wells Contaminated By Blowout Frustrations Surface At Fracking Lecture Clearfield Marcellus Forum Provides Answers Study: Marcellus Shale Well Bonding Proposals Inadequate Study: Taxpayers To Bankroll Gas Well Bonding Republicans Take Bradford County Commissioner Seats Editorial: Order Water Deliveries In Dimock School District To Appeal Somerset County Coal Levy Ruling Funding Of Shale Studies At Universities Raises Alarms State Universities Explore Gas Leases Drillers Use Military-Style Psy-Ops Experience Against Opponents Gas Exploration Fuels Economy, But Also Divisions Pittsburgh Suburb: No To Drill Ban Residents Concerned About Drilling Propose Home Rule Drilling War In Peters Twp Fought On The Ballot Gas Company Gives Benton Twp Notice Of Drilling PA Hunting And Fracking Vie For State Lands State Pushes For Natural Gas Cars Task Force Suggests Testing Air From Drill Pads Plan To Ship Ethane Thru Philadelphia May Not Sail Smoothly Hunting For Abandoned, Orphan Shallow Oil & Gas Wells Future Roughnecks Get Training At Chesapeake Energy Facility Fracking Leading To PA Workers' Compensation Claims Op-Ed: The Shale Gas Revolution Common Cause Details Campaign Contributions From Drillers Groups Decry Gas Industry's Political Contributions Students Want Transparency On Penn State Ties To Gas Industry Financial Sunoco Moves On Shale Gas Transport Project Ultra Petroleum Double Digit Growth In Production Cabot Oil Rallies, Leads S&P In 2011 Gains

Watershed/Flooding NewsClips
Here are NewsClips on watershed topics from around the state-Flooding DEP Updates Veterans Day Hours, Water Sampling Procedures, Disaster Center Hours Other Watershed NewsClips Chesapeake Bay Cleanup Plan Gets Major Makeover Susquehanna Dam's Sediment Has Officials Fearing For Bay

Study Launched To Find Solution To Conowingo Dam Sediment Project Underway To Restore Eels Upstream Of Conowingo Dam Chesapeake Bay Program Working To Improve BMP Reporting Dirt & Gravel Road Program Helps Create Stream-Friendly Corridors Hearing: EPA Overreaches In Chesapeake Bay Program DEP Testimony On Progress Implementing Chesapeake Bay Plan Chesapeake Bay Program Working To Improve BMP Reporting PA Issues Manure Guide ALCOSAN Sewer Project Estimate At $6 Billion Local Groups Address ALCOSAN's Plans To Fix Runoff Problem Chester-Ridely-Crum Watersheds Assn Announces Awards Run/Walk To Benefit Birdsboro Watershed Education Group Mandatory Projects Will Increase Pittsburgh Region Sewer Bills Hunting For Abandoned, Orphan Shallow Oil & Gas Wells Agency Finds 1 In 7 Bradford Water Wells Contaminated By Blowout Mills Run Fish Kill Likely Caused By Insecticide Tree Plantings Aid Brandywine Watershed More Of White Clay Creek Designated Wild, Scenic Water Trail Economic Impact Senate Resolution Passed

Regulations, Technical Guidance & Permits

DEP Advisory: The Department of Environmental Protection advised the public this week that documents contained in its online eLibrary system would be off-line due to a system upgrade until further notice. DEP published notice of changes in companies certified to perform radon-related activities (PA Bulletin page 6153) Pennsylvania Bulletin - November 12, 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 changes to final guidance relating to the discharge of Total Dissolved Solids under NPDES permits. Click Here for more background on this proposal. (Note: This document may be temporarily unavailable online due to an upgrade of DEP's eLibrary system.)

DEP ID: 385-2100-002. Policy and Procedure for National Pollution Discharge Elimination System (NPDES) Permitting of Discharges of Total Dissolved Solids (TDS)25 Pa. Code 95.10 (relating to treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS)). Description: On August 21, 2010, revisions to 25 Pa. Code 95.10 became final. These revisions mandated new treatment requirements for discharges of TDS from NPDES point sources of treated wastewater. The provisions of 25 Pa. Code 95.10 require detailed guidance for NPDES permit writers to implement the new requirements through NPDES permit conditions and actions. This new guidance document fulfills that need. The Department published notice of the draft proposed guidance in the Pennsylvania Bulletin at 41 Pa.B. 560 (January 22, 2011). Public comments were accepted until the comment period closed on February 22, 2011. Twentyone sets of written comments were received during the public comment period and are summarized in the associated Comment and Response Document. The draft guidance was revised as a result of these comments in order to produce this final guidance document. Contact: Thomas Starosta, 717-787-4317 or tstarosta@pa.gov. 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. November 14-- NEW. Senate Appropriations Committee meets to consider Senate Bill 1100 (Scarnati-R-Jefferson) amending the Oil and Gas Act to include additional environmental protection measures for Marcellus Shale drilling and a drilling impact fee, Senate Bill 1264 (Baker-R-Luzerne) enacting the Flood Relief Act for September 2011 making an appropriation of $20 million for individual assistance, Senate Bill 1266 (Gordner-R-Columbia) authorizing the incurring of debt to fund flood damage recovery projects, Senate Bill 1267 (Blake-D-Lackawanna) authorizing real estate tax abatement as a result of Hurricane Irene and Tropical Storm Lee, Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of debt to repair flood damaged highways, Senate Bill 1269 (Yaw-R-Bradford) adoption of capital projects to repair or replace flood damaged highways and bridges, Senate Bill 1271 (YudichakD-Luzerne) an itemized list of flood damaged highway and bridge repair projects, Senate Bill 1297 (Baker-R-Luzerne) establishing the Small Business Flood Relief Program of 2011, Senate

Bill 1322 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program to provide disaster assistance to agricultural operations. Rules Committee Room. Off the Floor. November 15-- NEW. House Transportation Committee meets to consider House Bill 3 (GeistR-Blair) authorizing public-private transportation partnerships. Room G-50 Irvis Building. 10:00. November 15-- NEW. Senate Transportation Committee meets to consider Senate Bill 344 (Rafferty-R-Montgomery) authorizing public-private transportation partnerships. Rules Committee Room. 9:30. November 15-- NEW. Senate Consumer Protection and Professional Licensure Committee meets to consider House Bill 344 (Baker-R-Tioga) providing additional authority to the PUC to regulate pipeline safety. Hearing Room 1, North Office Building. 12:30. November 15-- Agenda Released. Senate Environmental Resources & Energy and Senate Republican Policy Committees hold a hearing on issues related to flood mitigation through stormwater management. Senate Majority Caucus Room. 9:00. November 15-- CANCELED. Environmental Quality Board meeting. Next scheduled meeting is December 20. (formal notice) November 15-- Agenda Released. DEP Citizens Advisory Council meeting. Room 105 Rachel Carson Building. 11:00. November 15-- Agenda Released. State Conservation Commission meeting. VIP Room, Farm Show Complex, Harrisburg. 1:00. November 15-- Agenda Released. DEP Environmental Justice Advisory Board meeting. Delaware Room, 16th Floor, Rachel Carson Building. 8:30. November 16-- Senate Environmental Resources & Energy and Senate Republican Policy Committees hold a hearing on issues related to flood mitigation through stormwater management. Senate Majority Caucus Room. 9:00. November 16-- DCNR Conservation and Natural Resources Advisory Council meeting. Room 105 Rachel Carson Building. 10:00. (formal notice) November 17-- House Consumer Affairs Committee holds a hearing on House Bill 1580 (RossR-Chester) increasing the solar mandate in the Alternative Energy Portfolio Standards. Room G-50 Irvis Building. 9:00. November 21-- Delaware River Basin Commission meeting to consider finalizing Marcellus Shale drilling regulations. West Trenton, NJ. 10:00. (formal notice)

December 2-- CANCELED. DEP State Board for Certification of Water and Wastewater Systems Operators meeting. It has been rescheduled to December 13. (formal notice) December 6-- DEP Oil and Gas Technical Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. (formal notice) December 7-- NEW. Environmental Issues Forum, Joint Legislative Air and Water Pollution Control and Conservation Committee, features a presentation by Nate Fice, PA Sustainable Forestry Initiative. Room G-50 Irvis Building. Noon. December 13-- DEP State Board for Certification of Water and Wastewater Systems Operators meeting. 10th Floor Conference Room, Rachel Carson Building. 10:00. (formal notice) January 12-- DEP Southwest Regional Office Roundtable meeting. DEP Southwest Regional Office, Waterfront A & B, 500 Waterfront Dr. 10:30. Contact Holly Cairns at 412-442-4116 or send email to: hcairns@pa.gov. (formal notice) DEP Calendar of Events Note: The Environmental Education Workshop Calendar is no longer available from the PA Center for Environmental Education because funding for the Center was eliminated in the FY 2011-12 state budget. The PCEE website was also shutdown, but some content was moved to the PA Association of Environmental Educators' website. Senate Committee Schedule House Committee Schedule

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

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.

Supporting Member PA Outdoor Writers Assn./PA Trout Unlimited

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