PA Environment Digest Blog

Saturday, June 8, 2013

Click Here for today's PA Capitol Digest NewsClips

Friday, June 7, 2013

June 10 PA Environment Digest Now Available

The June 10 PA Environment Digest is now available. Click Here to print the entire Digest.

Senate Agriculture Committee To Consider Mandating Expensive Nutrient Reduction Tech

The Senate Agriculture and Rural Affairs Committee is scheduled to meet on June 11 to consider Senate Bill 994 (Vogel-R-Beaver) establishing a system to put in place expensive, capital-intensive nutrient reduction technologies.

The Chesapeake Bay Foundation has taken a position opposed to this legislation saying the bill “will not advance cost-effective and affordable nutrient reductions in Pennsylvania streams or the Chesapeake Bay and will likely have limited benefit to but a select few.

“CBF supports innovative approaches to achieving local water quality goals and the Chesapeake Bay Blueprint. This includes, where applicable and cost-effective, manure treatment technologies,” said Harry Campbell, Executive Director of CBF’s Pennsylvania Office. “But such technologies, to receive public support, must create real and verifiable nutrient credits that can be sold to regulated entities if they chose to purchase them.

“And if the technology creates credits or reductions that are too expensive to compete with other pollution reduction practices, then the taxpayer should not be asked to pay for them anyway.”

Click Here for a copy of CBF’s letter opposing the bill.

Bill Analysis

Only state government would force taxpayers to buy something for $11 that everyone else gets for $3. And that’s exactly what Senate Bill 994 does.

The bill would create a new “TMDL parameter credit” which must be bought by the state to help fund expensive technology to meet the nutrient reduction requirements of the Chesapeake Bay Watershed and other major watersheds in Pennsylvania.

The legislation does not require the “credits” created in the bill to meet the requirements of the existing Nutrient Credit Trading Program established in 25 Pa Code Chapter 96 by the Department of Environmental Protection and approved by the U.S. Environmental Protection Agency.

As a result, this “credit” has no economic value and cannot be resold by the state, like real credits, to help farmers, municipalities and builders meet their nutrient and sediment reduction requirements in the Chesapeake Bay watershed or offset the cost of this new program. This “credit” has no value or purpose other than to provide funding for this technology.

The technology promoted by the legislation is also up to three times more expensive per pound of reduction than real credits bought under the competitive auctions now being held by the PA Infrastructure Investment Authority and DEP.

During the most recent auction in March, credits sold for from $2.98 to $3.05 per credit. A total of 322,227 credits have been sold through the PennVEST/DEP auction system since it began in 2010.

The technology promoted by this legislation is not economically feasible, its promoters said, unless real credits are worth $8 or $10 per credit.

The Joint Legislative Budget and Finance Committee report released in January assumed an $11 per pound cost of a credit created under the process in Senate Bill 994, although the report assumed real credits approved by DEP which could be traded and sold would be generated by the process. (Click Here for more information on the Joint Committee report.)

The request for proposal process outlined in the bill would set up a system where only expensive, capital-intensive technology would be likely to win the bidding process forcing public money to be used to buy a pound of nutrient reduction for $11 (or more) when the existing competitive auction process is costing about $3 per pound, three times less.

Which is the cheaper alternative? Buying $3 real credits through the state’s auction system or forcing state taxpayers to buy credits at $11 through the system created in Senate Bill 994?

The bill does not allocate funding for this program, but it does set up a special fund where monies could be appropriated.

Since funding was not allocated for this program and no new funding sources are proposed, the only place funding could come from are from existing programs that directly fund best management practices on family farms that are much cheaper.

Just one of the facilities installed by the private company promoting this legislation cost $7.5 million which was funded primarily with public money through a loan from the PA Infrastructure Investment Authority. This facility does produce real credits certified by DEP.

The bill also eliminates the requirement for the initial regulations developed to implement the bill to be published for public review and comment under the Commonwealth Documents Law, eliminates review by the General Assembly under the Regulatory Review Act and eliminates legal review under the Commonwealth Attorneys Act.

This bill has not been the subject of any public hearings or comment and was only introduced on June 5.

The meeting will be in Room 8E-A East Wing starting at Noon.

Sen. Elder Vogel (R-Beaver) serves as Majority Chair and Sen. Judith Schwank (D-Berks) serves as Minority Chair.

CBF Opposes Unaffordable Nutrient Reduction Bill To Be Considered In Senate Committee

The Chesapeake Bay Foundation sent a letter Friday to Sen. Elder Vogel (R-Beaver) and Sen. Judith Schwank (D-Berks) of Chairs of the Senate Agriculture and Rural Affairs Committee Friday opposing Senate Bill 994 (Vogel-R-Beaver) which would establish a system to preferentially favor expensive, capital-intensive nutrient reduction technologies.

The bill was just introduced on June 5 and is scheduled to be considered by the Committee on June 11.

The following is the text of that letter--

The Senate Agriculture and Rural Affairs Committee is scheduled to meet on June 11 to consider Senate Bill 994 (Vogel-R-Beaver) establishing a system to preferentially favor expensive, capital-intensive nutrient reduction technologies. On behalf of the Chesapeake Bay Foundation, we respectfully submit the following comments on Senator Vogel’s legislation before the Senate Agriculture and Rural Affairs Committee for your consideration.

CBF is the largest nonprofit organization dedicated to the protection and restoration of the Chesapeake Bay, its tributaries, and its resources. With the support of over 200,000 members, our staff of scientists, attorneys, educators and policy experts work to ensure that policy, regulation and legislation are protective of the quality of the Chesapeake Bay and its watershed.

After decades of experience and investment in tangible and science-based efforts we are seeing real reductions in pollution as a result of the Chesapeake Bay cleanup efforts and many locally impaired streams. Maintaining the momentum is essential if we are to achieve our clean water goals and bring the Bay and our streams back to health and economic vitality.

Unfortunately, we believe Senate Bill 994 will not advance cost-effective and affordable nutrient reductions in Pennsylvania streams or the Chesapeake Bay and will likely have limited benefit to but a select few. In particular, this bill:

-- Is Neither Cost-Effective Nor Affordable.

Currently, DEP and PennVEST offer certified nutrient credits through a market-based online exchange and auction. The most recent auction in March 2013, nitrogen credits were sold for $2.98 to $3.05 per credit. The technology promoted by Senate Bill 994 is not cost competitive unless the credits are sold at $8 to $10 per credit, its promoters have said. A December 2012 report by the Legislative Budget and Finance Committee estimated the sustainable cost per credit for this technology at $11 per credit. And while the legislation doesn’t mandate the purchase of more expensive reductions, it threatens to manipulate the market to do so. The choice is clear-- $3 per pound of real certified nutrient credits or $11 per pound of future nutrient reduction?

-- Does Not Create Real, Marketable Credits.

Senate Bill 994 does not require the “TMDL parameter credit” to meet the existing regulatory standards under 25 Pa Code Chapter 96.8 for a marketable nutrient credit and are inconsistent with USEPA nutrient trading guidance. As a result, any reductions should be considered as imitation credits that have no real market value to the Commonwealth. They cannot be sold to community sewage treatment plants or developers because the reductions cannot be used as “credits” or “offsets” in meeting nitrogen or phosphorus NPDES discharge limits. And, they cannot be sold by the state to help offset the cost of this program which has not funding source.

-- Eliminates Reviews By The Public, General Assembly Or Commonwealth Attorneys.

Senate Bill 994 is unprecedented in that it completely eliminates the review of the initial regulations implementing the program by the public, the General Assembly and Commonwealth attorneys. Specifically, it strips oversight of Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law; the act of June 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review Act; and Sections 204 (B) and 301(10) of the act of October 15, 1980 (P.L. 950, NO. 164), known as the Commonwealth Attorneys Act.

-- Leaves Unnecessary Risk With Farmers.

Family farmers will see no benefits from this bill. Under current state regulations, farmers in Pennsylvania have to meet basic regulatory compliance measures. In particular, farmers who till (plow) land and/or have an identifiable Animal Heavy Use Area disturbing more than 5,000 sq. ft. are obligated to have an erosion and sedimentation plan under Chapter 102 (Erosion & Sedimentation). This bill promotes an approach that will not help farmers to come into compliance with existing Pennsylvania law. Importantly, farmers who ship manure to a large-scale treatment facility under this bill are not protected from shouldering the burden of transportation costs or tipping fees. And treatment facilities are not obligated to allocate any revenue with participating farmers. With increased oversight by USEPA and DEP, farmers statewide and in particular within the Chesapeake Bay watershed need all the financial and technical assistance they can get to achieve and maintain compliance.

-- Leaves Unnecessary Risk With The Commonwealth

By not funding this program, Senate Bill 994 could use any source of taxpayer money to subsidize the technologies promoted in this bill, potentially taking funding away from proven practices that work, chiefly on family farms. Pennsylvania is particularly at risk by being forced to purchase so-called credits of pollution reductions under the promise they will occur years in the future. This threatens to derail detailed and regulatory timelines and milestones which require real and incremental reductions in pollution to meet Bay requirements. If these reductions do not occur, the Commonwealth is at risk for "backstops" that include, but is not limited to, stricter permit limits for sewage treatment plants, expansion of the number of farms and communities regulated by DEP and EPA, the denial of certain new construction permits, and the withholding of water quality-related funding from the federal government.

Truly affordable Bay solutions are already being implemented to help farmers meet regulatory requirements and improve their bottom line. Communities are investing in infrastructure improvement projects which drive revitalization, beautification, and meet a number of regulatory requirements for clean water, including local TMDLs and the Bay TMDL. While technology has a role, long-term public investment in economically questionable private enterprises is not a benefit to the taxpayers of Pennsylvania. New technology can currently enter into a nutrient trading marketplace which allows verified credits to be purchased on the open market.

Given limited resources and thousands of Pennsylvania impaired streams, we believe that emphasis on established clean water programs and pollution reduction practices that provide a large number of additional benefits—like reduced flooding, drinking water protection and improvement, improved herd health, and community revitalization—must be the Commonwealth’s core focus.

CBF urges members to oppose this legislation as it currently is written and, given the complexity of the issues, request a hearing on this matter before this legislation is voted upon in Committee.

Sincerely,

H.L. Campbell III, Pennsylvania Executive Director
A copy of the letter is available online.

Vote NOW For The Great American Cleanup Of Pennsylvania Video Contest

Keep Pennsylvania Beautiful invites you to vote for your favorite video submission for their inaugural Great American Cleanup of Pennsylvania Video Contest. Simply go to Keep Pennsylvania Beautiful’s Facebook page, view the videos, and vote for your favorite.

Online voting will end on June 14. Winners will be announced the week of June 17th.

The winning entry will receive a $300 cash prize. Two runners up will each receive a $150 cash prize. The winning entries will also be featured on YouTube. Cash prizes are sponsored by the PA Waste Industries Association.

Finalists for the video contest include East Rochester, Harrisburg SCUBA, Harrisburg Young Professionals, Perkiomen Watershed Conservancy, and the Swatara Sojourn.

“Submissions were sent from all across the state demonstrating the far reach of the Great American Cleanup of Pennsylvanians in our communities.” says Shannon Reiter, President of Keep Pennsylvania Beautiful. “We are very excited to see the enthusiasm for community stewardship that is on display and are grateful to the organizations and individuals that took the time to put these submissions together.”

Sponsors for the video contest are Keep Pennsylvania Beautiful, PA Waste Industries Association, and the Department of Environmental Protection.

Visit the Great American Cleanup of PA website for more information.

Nominate A Watershed Hero Making A Difference In Your Area

Do you know someone who is a Watershed Hero? Who goes above and beyond to restore and protect your watershed?

The PA Abandoned Mine Reclamation Conference is now seeking nominations for these volunteer heroes for its special recognition program. Nominations are due July 9.

Five winners will be chosen from all nominations submitted to win a cash prize donation.

In addition, the winner will have her or his very own Watershed Hero Trading Card to share with friends and colleagues.

Click Here for more details and to submit a nomination.

Reminder: Registration Open For PA Abandoned Mine Reclamation Conference

The 2013 PA Abandoned Mine Reclamation Conference is now accepting registration for this special event which this year will celebrate its 15th anniversary with the theme, “15 Years and Counting, Full Steam Ahead!” The Conference will be held in State College August 8 to 10.

The Conference will provide a forum for the dissemination of information and encourage discussions between industry, watershed groups, and decision makers that can help to further innovations in public policy, abandoned mine reclamation, remediation, and restoration of PA’s watersheds and communities impacted by AMD and abandoned mine lands.

Sponsorship Opportunities

There are still opportunities available to sponsor this important event. Contact Robert Hughes at 570-3523 or send email to: rhughes@epcamr.org for more information.

Click Here for all Conference details.

Northeast PA Environmental Partnership Calls For Award Nominations

The Northeast PA Environmental Partnership is now accepting nominations for its 2013 Partnership Awards, the Nineteenth Annual Thomas P. Shelburne Environmental Leadership Award and the 2013 Emerging Environmental Leader Award. Nominations are due July 1.

The awards will be presented at the 23rd Annual Evening for Pennsylvania’s Environment scheduled for October 24 at the Woodlands Inn and Resort in Wilkes-Barre.

The Northeast Environmental Partners include: Northeast Pennsylvania Alliance, Department of Conservation and Natural Resources, Department of Environmental Protection, Pennsylvania Environmental Council’s Northeast Office, PPL Corporation, Procter & Gamble Paper Products Company, and Wilkes University.

The Northeastern Pennsylvania Environmental Partnership Awards are presented annually to recognize the achievements of individuals or organizations that, through partnerships, have achieved excellence in environmental protection or conservation.

The Evening showcases the Recipient of the Thomas P. Shelburne Environmental Leadership Award. This award, in its nineteenth year, was established by the NEPA Environmental Partners to recognize an individual who stands out for his or her long-term commitment to environmental quality through inspirational leadership, dedication and commitment to partnering.

This year the Partnership will also focus on the 2013 Emerging Environmental Leader Award, which will be awarded to a student who demonstrates young environmental leadership, creativity and dedication to inspire others to adopt similar actions to protect the environment.

"Northeastern Pennsylvania is overflowing with friends of the environment, who provide ample opportunities for partnerships that involve young children and grandparents alike," said Meg Welker, manager of education and public outreach at PPL and dinner planning committee chairperson. “Please consider nominating the leaders who demonstrate successful partnerships in our communities and inspiration for future generations to carry on.”

The Awards are open to any group, individual, company, program, or organization whose work has had a positive impact on the environment in Northeastern Pennsylvania’s following counties: Bradford, Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Sullivan, Susquehanna, Wayne and Wyoming.

During the past 22 years, over 160 individuals and groups involved in agriculture, forestry, business, industry, education, science, environmental awareness, community service, and government have been honored.

Nominations may be made by a person or persons involved in the activity, or by a third party. Click Here for all the details.

Volunteers Needed For Ohio River Sweep Cleanup Set For June 15

Volunteers in six states making up the Ohio River Watershed will be cleaning up trash during the 23rd annual Ohio River Sweep on June 15.

The Ohio River Valley Water Sanitation Commission and environmental and natural resource agencies in Pennsylvania, Illinois, Indiana, Ohio, Kentucky and West Virginia coordinate over 20,000 volunteers in the cleanup.

In Pennsylvania, volunteers are needed for cleanup sites in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland counties.