Corbett Administration Files For Reconsideration Of Act 13 Drilling Law Opinion

The Corbett Administration Thursday filed for reconsideration of the December 19 PA Supreme Court opinion declaring unconstitutional provisions of the Act 13 Marcellus Shale Drilling law related to preempting local regulation of drilling operations.

James D. Schultz, General Counsel to the Governor, released the following statement on the motion for reconsideration--

"Today, lawyers representing Commonwealth agencies and officials in the Robinson Township matter have sought reconsideration of the Supreme Court's December 19, 2013, Opinions and Order. In the Robinson Township decision, the Court declared key provisions of Act 13 of 2012 (the Commonwealth's oil and gas law) to be unconstitutional.

“In announcing a never-before-employed balancing test against which the constitutional validity of the law is to be judged, the Pennsylvania Supreme Court made its own sweeping factual findings regarding the impact of Act 13, none of which finds any support in the sparse and uneven factual record that was made before Commonwealth Court. The Supreme Court's decision is a stunning departure from the historical practice of that Court, and an unrestrained venture into a fact-finding role that the Court always has insisted is not its proper place in the judicial system.

“Accordingly, today's request for reconsideration seeks to give Act 13 its fair day in court, as every law of this Commonwealth deserves when challenged. We are asking the Supreme Court to follow its own established precedent and remand the case to Commonwealth Court for the development of an evidentiary record (through a fair and thorough process in which all parties have a real and equal opportunity to participate), application of the Court's newly-pronounced standards to the facts as found by the Commonwealth Court (with legal briefs from all parties), and finally a fair and final determination as to whether Act 13 violates Article I, Section 27 based on a full record and formal findings.

“In addition, the Department of Environmental Protection is asking the Supreme Court to reconsider a decision that certain provisions of Act 13 that involve the agency's responsibility to protect public resources (such as public parks) cannot stand separately from provisions that the Court has determined are unconstitutional.

“The Department contends that the Supreme Court misunderstood how the statutory provisions work separately from each other and asks the Court to direct Commonwealth Court to study that question as part of the other matters it must examine on remand."
NewsClips:
Lawyers Ask Court To Rethink Gas Drilling Law Opinion

Corbett Asks Court To Reconsider Act 13 Decision

PA Lawyers Ask Court To Rethink Gas Drilling Opinion

$1.1 Million Mine Reclamation Contracts Awarded In Clearfield, Northumberland

The Department of Environmental Protection Thursday announced contract awards for two abandoned mine reclamation projects in Clearfield and Northumberland counties, totaling $1,113,300.

The contract awarded in Woodward Township, Clearfield County totals $324,767 for the implementation of an erosion and sediment control plan, excavating a subsurface drain of 1,720 linear feet, grading 219,300 cubic yards, incorporating 2,400 tons of limestone, and seeding 24 acres.

Totaling $788,533, the contract awarded in Coal Township, Northumberland County will fund the implementation of an erosion and sediment control plan, clearing and grubbing vegetation, grading 490,740 cubic yards, excavating 2,050 cubic yards for drainage, lining 1,540 square yards of rock, and seeding 73.1 acres.

E.M. Brown Inc. of Clearfield was selected to complete the Woodward Township project. The project is expected to start in early January and be completed by July 14 of this year.

The Coal Township project contract was awarded to JBS Dirt Inc. of Canastota, New York. The project is expected to start in January and be completed by March 9, 2015.

Contracts were awarded on a competitive basis and are federally funded by Office of Surface Mining grants. Grant funds are supported by a fee on the modern coal industry and are distributed to states as annual grants to reclaim mine sites that were abandoned prior to passage of the federal Surface Mining Control and Reclamation Act of 1977.

For more information, call 717-783-2267.

January Is Radon Action Month

The Department of Environmental Protection reminded Pennsylvanians Thursday January is Radon Action Month.

Radon is a colorless, odorless, radioactive gas that occurs naturally through the breakdown of uranium in soil and rocks. It can seep into homes through cracks in basements and foundations and can build up inside to concentrations many times the recommended level.

"Elevated levels of radon affect nearly half of all Pennsylvania homes, but it is easily fixed," DEP Secretary Chris Abruzzo said. "Don't allow your home or family to become a statistic. I've tested my home for radon. Test yours now."

Radon is the second leading cause of lung cancer in Pennsylvania and causes about 20,000 lung-cancer deaths in the United States every year. Pennsylvania is particularly prone to elevated radon levels, with about 40 percent of homes in the state having radon levels above the U.S. Environmental Protection Agency's action level of four picocuries per liter.

While radon problems may be more common in some regions of the state, the potential exists for any home in Pennsylvania to have high radon levels.

Testing for radon is the only way to know if a home or other structure has elevated levels of radon. DEP recommends testing all homes and public and private buildings. The best time to test is during the cold-weather months, when homes and buildings are closed and radon is most likely to build up to unhealthy levels.

Residents may hire a certified radon testing company, though it is easy to perform a radon test by using a kit that can be purchased at a home improvement store or a Pennsylvania-certified radon laboratory.

Completed test kits should be sent to a Pennsylvania-certified laboratory, where samples are analyzed. If results reveal radon levels above the action level, a radon mitigation system may be necessary.

Radon mitigation systems cost between $800 and $1,200 and require minimal maintenance. Most home or building owners choose to hire a radon mitigation professional to install the system.

Residents seeking more information about radon can stop by DEP's exhibit at the Pennsylvania Farm Show on January 5 from noon to 4 p.m. to talk to a radon professional with the department's Bureau of Radiation Protection.

For more information about radon, including information on interpreting test results and finding a Pennsylvania-certified radon contractor, visit DEP’s Radon webpage or call 1-800-23-RADON.

Pennsylvania Continues Successful Efforts To Reduce Greenhouse Gas Emissions

The Department of Environmental Protection announced Thursday a Climate Change Action Plan Update was submitted to Gov. Tom Corbett and the state legislature on December 31.

The plan identifies successful initiatives undertaken by Pennsylvania to reduce greenhouse gases (GHGs) and outlines possible strategies for the continued lowering of emissions.

"As this plan shows, Pennsylvanians can be proud of the progress we are all making toward improving air quality and addressing climate change," DEP Secretary Chris Abruzzo said. "Much of this success can be attributed to expanding the use and availability of renewable and alternative energy sources, higher standards for mobile and stationary sources of emissions and DEP's continued commitment to effective programs."

The plan highlights several of Pennsylvania's emission-reduction efforts, including:

-- DEP implementing new, more stringent requirements for the natural gas industry that are reducing methane emissions. Pennsylvania is the first state to require leak detection and repair over the entire well site to minimize emissions.

-- Gov. Corbett signing Act 13 of 2012, providing $20 million from natural gas operator impact fees for the purchase or retrofit of heavy-duty vehicles to operate on natural gas. It is projected that these projects will displace 3.67 million gallons of gasoline each year.

-- DEP providing, through the Alternative Fuel Incentive Grant Program, $3 million for Alternative Fuel Vehicle (AFV) rebates for Pennsylvania consumers since 2011. In addition, another $1 million has been committed for AFV rebates in 2014 to support plug-in hybrid electric vehicles and electric vehicles as well as other AFVs purchased and registered by Pennsylvanians.

-- DEP reimbursing $5.5 million in solar rebates to homeowners and small businesses, resulting in energy savings, reduction in heating fuel consumption and reduction in GHG emissions since January 2013.

-- Providing $46.5 million, since 2011, through the Keystone Home Energy Loan Program to Pennsylvania homeowners looking to implement energy efficiencies.

-- Preservation of forests and open space through forest protection easements and acquisition. Act 13 provided the first infusion of money into the Growing Greener Program since 2005, as well as providing over $20 million annually in new park, open space and recreation funding.

-- Due to Pennsylvania's efforts over the last decade, according to EPA's Greenhouse Gas Emissions Inventory, the state's GHGs are expected to be lower in 2020 than in 2000, with reductions in the residential, commercial, transportation, agriculture and waste sectors.

"Each one of us can play a role in helping to reduce our emissions footprint," Abruzzo said. "Pennsylvania is committed to working with other states and nations to address this global issue."

The Pennsylvania Climate Change Advisory Committee provided advice to DEP for the completion of the Climate Change Action Plan Update. The committee consists of representatives from the legislature, the Department of Conservation and Natural Resources, the Department of Community and Economic Development and the Public Utility Commission as well as Pennsylvania residents with interest, knowledge or expertise regarding climate change.

The Pennsylvania Climate Change Act of 2008 requires DEP to submit an updated Climate Change Action Plan to the governor every three years. The report updates the original Climate Change Action Plan that was issued by DEP in December 2009.

The Plan Update transmittal letter, the Plan Update and the Appendices containing individual sector options for future actions are available online.

For more information, visit the DEP Climate Change Advisory Committee webpage.

Final PA Climate Change Action Plan Update Forwarded To Governor, General Assembly

On December 31, DEP Secretary Chris Abruzzo forwarded the final version of the PA Climate Change Action Plan Update to Gov. Corbett and members of the Senate and House Environmental Resources and Energy Committees.

The Plan Update transmittal letter, the Plan Update and the Appendices containing individual sector options for future actions are available online.

The final version of the Plan Update was reviewed by DEP’s Climate Change Advisory Committee, but the contents of the report are a combination of recommendations made by Committee members and DEP.  There was no overall vote by the Committee to endorse the Plan.  Any differences between Committee members and DEP are noted in the Plan Update and Appendices, according to DEP.

The Appendices to the Plan Update also include comments on the Plan submitted by individual Committee members starting on page 232.

Overview

The Plan notes there have been significant changes to Pennsylvania’s greenhouse gas emissions since the base year of 2000 used in the Plan resulting in the estimate that overall climate changing emissions from the Commonwealth will be lower in 2020 than in the base year.

The reduction in the use of coal for power generation and the switch to natural gas alone will result in emissions savings of about 12 million metric tons of carbon dioxide annually.

The Plan concludes: “Pennsylvania CO2 (carbon dioxide) emissions have fallen dramatically, in large part because Pennsylvania is generating more electricity with natural gas instead of coal. However, other factors, including improved energy efficiency standards from consumer products and automobiles have contributed to the decline in carbon emissions. Pennsylvania continues to be a leader in reducing methane emission from the natural gas industry and solid waste landfills. Moreover, further reductions are occurring, and future reductions will occur, through new regulatory requirements like the Tailoring Rule, NSPS, and MACT (new air quality regulations).”

Policy/Program Recommendations

The Plan Update provides options in several sectors--

-- Electricity Production, Transmission and Distribution: Act 129 electricity use reduction, coal mine methane recovery, surface mines and non-gassy underground mines, gassy underground mines, combined heat and power, reducing methane leakage from natural gas infrastructure, waste-to-energy digesters, beneficial use of municipal solid waste (waste-to-energy facilities), nuclear capacity uprates, manure digesters and sulfur hexafluoride emission reductions from the electric power industry;

-- Residential, Commercial and Industrial: building commissioning, demand side management- natural gas and water, high-performance buildings, re-roof Pennsylvania, re-light Pennsylvania, industrial electricity best management practices, heating oil conservation and fuel switching, improved efficiency at wastewater treatment facilities and increased recycling initiative;

-- Land Use and Transportation: alternative fueled transit bus, taxicab fleets, cutting emissions from freight transportation; and

-- Agriculture and Forestry: durable wood products, forest protection easements, forestland protection initiative-acquisition, urban forestry and no-till farming.

Legislative Changes

The Plan Update includes recommendations for legislative changes made by DEP in several areas--

-- Carbon Capture Liability: Address long-term liability issues associated with carbon capture and sequestration;

-- Carbon Capture Incentives: Provide incentives for the capture and use of coal mine methane;

-- DSIC Program Effectiveness: Evaluate the effectiveness of the DSIC (Distribution System Improvement Charges) Program for utilities to determine the impact accelerated natural gas distribution infrastructure replacement has on decreasing fugitive methane emissions;

-- Expand Natural Gas Use: Enact legislative incentivizing and directing natural gas utilities to expand existing service territory to un-serve customers in a cost-effective manner;

-- Alternative Fueled Vehicles: Provide additional incentives for the use of alternative fueled vehicles, including electric and LNG/CNG, particularly by large fuel consumption fleets;

-- Energy Use Profiling: Consider legislative mandating or encouraging energy use profiling for commercial buildings, similar to the City of Philadelphia ordinance;

-- Competitive Energy Markets: Expand competitive electricity markets to foster and encourage renewable and alternative energy suppliers to enter Pennsylvania’s market;

-- Support AEPS: Continue to support the implementation of the Alternative Energy Portfolio Standards; and

-- Add New Waste-To-Energy To AEPS: Amend the Alternative Energy Portfolio Standards to permit the inclusion of additional waste-to-energy facilities.

Climate Impact Assessment

In addition to the Action Plan Update, DEP released a Climate Impacts Assessment Update in October prepared by professors and students at Penn State University’s Environment and Natural Resources Institute.

For more information, visit DEP’s Climate Change Advisory Committee webpage.

Learn About Saving Energy, Alternative Fuels Rebates At DEP’s Farm Show Exhibit

The Department of Environmental Protection will display its interactive “DEP at Home” exhibit during the 98th Pennsylvania Farm Show in the Main Hall of the Pennsylvania Farm Show Complex and Expo Center in Harrisburg from January 4 to 11.

DEP at Home is an interactive, educational home structure that features practices and products promoting energy efficiency and sustainable building materials, as well as environmentally-friendly and Pennsylvania-produced products for the home.

“This year, our exhibit has a renewed focus on alternative fuels.” DEP Secretary Chris Abruzzo said. “I encourage all farm show visitors to stop by and learn how to plug in an electric vehicle, or fuel a truck that runs on compressed natural gas.”

The exhibit, which made its debut at the 2012 Farm Show, now features a garage to showcase vehicles that run on alternative fuels.

There are useable pumps and receptacles for compressed natural gas and electric vehicles (EV) so visitors can experience fueling an alternative fuel vehicle (AFV). The garage also boasts flooring made from recycled tires, information about proper disposal of household hazardous waste, as well as landscaping with native plants and tips on proper pest management.

DEP has partnered with Nissan North America to bring a Nissan Leaf all-electric vehicle to their Farm Show exhibit. The Leaf was manufactured at the Nissan plant in Tennessee and will sit in the “driveway” of DEP’s exhibit. Farm Show visitors will be able to use the EV charger to “power” the vehicle and sit at the wheel to envision driving this innovative car.

Residents that are interested in purchasing an AFV, like the Nissan Leaf, can take advantage of DEP’s AFV Rebate Program, which provides rebates to PA residents that purchase certain types of alternative fuel vehicles.

“Because of the popularity and success of this rebate program, we have decided to infuse an additional one million dollars into the rebate fund so that more Pennsylvanians are able to purchase these vehicles,” Abruzzo said.

Returning to the DEP at Home exhibit this year are the popular kitchen with recycled glad countertop and a working radon mitigation unit.

Radon Action Month

January is Radon Action Month and is a good time to consider testing the home or workplace. On January 5, staff from DEP’s Bureau of Radiation Protection will be available at the exhibit from noon to 4 p.m. to answer visitors’ radon questions.

Farm Show Hours

The Pennsylvania Farm Show runs January 4 to 10 from 8 a.m. to 9 p.m. and January 11 from 8 a.m. to 5 p.m. Admission is free and parking is $10. The Pennsylvania Farm Show Complex and Expo Center is easily accessed from nearby Interstate 81.

DEP created the exhibit through funds provided by the U.S. Department of Energy’s State Energy Program.

Thursday NewsClips

Commonwealth Financing Authority’s Projects Examined

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Anthracite Heritage Foundation Mining History Week Jan. 8-22

A regional observance of Mining History Week will take place January 8-22, 2014, at programs in Wilkes-Barre, Scranton, Pittston, Port Griffith, and Ashley.  The annual event focuses on anthracite mineworker, families and communities, and the hard coal industry in Northeastern Pennsylvania.

The programs are sponsored by the Anthracite Heritage Museum, the Anthracite Heritage Foundation, King's College, the Lackawanna Historical Society, the Luzerne County Historical Society, the Huber Breaker Preservation Society, the Anthracite Living History Group, the Old Forge Coal Mine, the Greater Pittston Historical Society, and the Knox Mine Disaster Memorial Committee.

The public is cordially invited to attend the events.  All but one is open free of charge.

Schedule

-- January 8: 7 p.m., William Conolgue, Professor of English, Marywood College, will speak on his recent book, "Here and There: Reading Pennsylvania's Working Landscapes," Lackawanna Historical Society, Catlin House, 232 Monroe Avenue, Scranton.  Refreshments served.

-- January 9: 7 p.m., Thomas Dublin, Professor Emeritus of History at SUNY Binghamton, will deliver the Annual Msgr. John J. Curran Lecture, "When the Mines Closed," at King's College, Burke Auditorium, McGowan Business School.  Refreshments served at 6:30 p.m.

-- January 12: 2 p.m., Robert Thomas Hughes will present a dramatic reading of his work, "A Miner's Tale," which tells the story of the anthracite coal miner in Northeastern Pennsylvania through monologue.  The event will be hosted by Anthracite Heritage Museum, McDade Park, Scranton; the cost of $5.00 per person also includes admission to all of the Museum's exhibits.

-- January 18: 2 p.m., The Annual Knox Mine Disaster Commemorative Program, Anthracite Heritage Museum, McDade Park, Scranton.  F. Charles Petrillo, Wilkes-Barre, will present a multi-media program on, "The End of Deep-Coal Mining Following the Knox Mine Disaster of 1959."  Guest musician Lex Romane will play original musical selections.  A large needlework designed and embroidered by Audrey Baloga Calvey, as a tribute to her father, Knox victim John Baloga, and the other men lost that day, will be exhibited.  Other speak.  Refreshments served.

-- January 19: 10 a.m., Annual Knox Disaster Memorial Mass, St. John the Evangelist Church, Pittston.

-- January 19: 11:30 a.m., Annual Knox Disaster Commemorative Ceremony, PHMC Knox Disaster Historical Marker located in front of Baloga Funeral Home (formerly St. Joseph's Church), Main Street, Port Griffith.  Coffee served.

-- January 21: 7 p.m., William A. Hastie, West Pittston, will speak on his recent co-authored book: "Anthracite Labor Wars: Tenancy, Italians, and Organized Crime in the Northern Coalfield of Northeastern, PA, 1897-1959," Huber Breaker Preservation Society, Earth Conservancy Building, 101 South Main St., Ashley.  Refreshments served.

-- January 22: morning (time and place TBA), Dedication and Unveiling of the PHMC Historical Marker for The Baltimore Tunnel Mine Disaster of 1919, in Wilkes-Barre.

-- January 22: 3 p.m., Panel discussion on the Baltimore Tunnel Mine Disaster of 1919, featuring King's Colleges Professors Thomas Mackaman and Dan Clasby, Katie Lavery who lost two uncles in the disaster, and King's students who worked with the above persons in securing the PHMC marker; Fitz Room, Sheehey-Farmer Campus Center, King's College, Wilkes-Barre.

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