Sunday, June 29, 2014
Saturday, June 28, 2014
Paddle Without Pollution To Participate In Anything That Floats Race July 4 In Pittsburgh
Paddle Without Pollution announced Saturday its members will participate in the Anything That Floats Race at the Three Rivers Regatta in Pittsburgh on July 4th. The race begins at 9:30 a.m. on Maz Quay on the North Shore River Walk.
The PWP boat, The Clean Rivers Outrigger, is made of barrels scavenged from rivers, more than 100 reused water bottles, and a repurposed shipping pallet. The paddling team includes PWP board members Larry Gioia and Jesse Twichell and PWP founders Melissa and David Rohm. Any prize money will go to the organization’s watershed stewardship program.
“There might also be some duct tape involved in the boat’s construction,” said Jesse Twichell, the team’s boat builder. “We hope the race will give Paddle Without Pollution a large audience and help spread our mission of watershed stewardship and education.”
For more information, visit the Paddle Without Pollution website.
Friday, June 27, 2014
June 30 PA Environment Digest Now Available
The June 30 PA Environment Digest is now available. Click Here to print entire Digest.
House-Passed GOP Budget Relies On Additional State Park, Forest Drilling For Funding
The House Wednesday passed, by a partisan vote of 110-93, a Republican-written General Fund budget in House Bill 2328 (Adolph-R-Delaware) that relies on $75 million in revenue from additional natural gas leasing in State Parks and Forests and $15 million in deferred funding for the farm conservation and historic preservation tax credits to remain in balance.
The bill is now in the Senate as budget discussions continue between the Senate, House and the Governor’s Office.
The Senate and House declared June 28 a non-voting day, but are scheduled to return to voting session and 4:00 and 5:00 on Sunday, June 29. Midnight June 30 is the deadline to have the state budget in place.
Chesapeake Bay Foundation-PA Calls For Restoration Of Farm Conservation Tax Credit
The Chesapeake Bay Foundation’s Pennsylvania Executive Director, Harry Campbell, issued the following statement Wednesday in response to proposed budget cuts to vital tax credit programs that benefit Pennsylvania farmers and clean water efforts throughout the Commonwealth.
Of particular concern is the proposed two-year suspension of Pennsylvania’s Resource Enhancement and Protection Program (REAP) farm conservation tax credit program included in House Bill 2188 (Cutler-R-Lancaster) passed by the House Tuesday.
Growing Greener Coalition Issues Environmental Funding Plan If Severance Tax Adopted
The PA Growing Greener Coalition, the largest coalition of conservation, recreation and preservation organizations in the Commonwealth, Friday made its case for why environmental funding must be contained in any severance tax package passed by the legislature.
EPA: Pennsylvania Falls Short In Meeting 2013 Chesapeake Bay Cleanup Milestones
The U.S. Environmental Protection Agency reported Thursday Pennsylvania exceeded its 2013 Chesapeake Bay cleanup milestone for phosphorus by 242,000 pounds, but fell short in meeting the nitrogen goal by 2 million pounds and sediment reduction milestone by nearly 116 million pounds.
PEC Asks Sen. Scarnati, Rep. Causer To Respond To Concerns On Conventional Well Bills
The Pennsylvania Environmental Council Friday asked Sen. Joe Scarnati (R-Jefferson) and Rep. Martin Causer (R-Cameron) to respond to several significant concerns about Senate Bill 1378 and House Bill 2350 that would regulate conventional oil and gas wells differently than unconventional (Marcellus Shale) wells.
PEC said it was concerned about statements made by both members at the Senate and House Environmental Committees this week that the bills were meant to take conventional wells out of the basic law-- Act 13-- regulating oil and gas well activities leaving open the question of what kinds of environmental standards would apply to conventional wells.
Franklin Kury To Receive Ralph Abele Conservation Heritage Award July 14
The Fish and Boat Commission Thursday announced it will present the Ralph W. Abele Conservation Heritage Award to former Senator Franklin Kury to recognize his lasting conservation impact as the author and champion of Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment.
Senate Committee Hears Comments On EPA’s Proposed Carbon Reduction Reg.
The Senate Environmental Resources and Energy Committee Friday held the first of two public hearings to discuss the U.S. Environmental Protection Agency’s plan to cut carbon pollution from nationwide power plants by 30 percent in 2030, compared to 2005 levels.
Earlier this month, the EPA proposed its Clean Energy Policy as part of President Barack Obama’s Action Plan to address climate change.
The hearing featured testimony from the Department of Environmental Protection’s Deputy Secretary for Waste, Air, Radiation and Remediation who oversees the Bureau of Air Quality, as well as representatives of Pennsylvania’s electric, coal and business sectors.
The hearing marked the first time state legislators addressed the proposed federal policy, which has been met with skepticism from Pennsylvania’s coal industry and business community who argue that the proposal would increase electric prices and raise the cost of doing business in the state.
Subsequently, environmentalists, including those supporting the solar and wind sectors, heralded the administration’s recent proposal.
“I think it is imperative for the committee to look at the short and long-term effects of this federal proposal on our environment and overall economy,” said Sen. Gene Yaw (R-Lycoming), Majority Chair of the Committee. “There is a real concern that this regulation could be a threat to electric reliability.”
In his opening statement, Sen. Yaw noted that while the United States has already made tremendous strides to reducing its carbon footprint, other countries have taken a different approach with increasing carbon emissions.
During his testimony, Vince Brisini, Deputy Secretary at DEP, discussed a Section 111(d) White Paper DEP submitted to EPA which provides a state framework for cleaner air, a fuel diverse energy profile, lower electric prices and more jobs.
“We (DEP) believes that there is a way to do this in a fashion that allows the markets to make these decisions. That allows people to improve their competitiveness. We believe that there is a way to do this that we can be more competitive as a nation, and we can be more competitive and it preserves the fuel diversity and the jobs,” said Brisini. “Our proposal would actually preserve the jobs in the power plants, preserve jobs in the mines. It would expand jobs because people will be investing in their assets to achieve efficiency improvements.”
John Pippy, CEO of the Pennsylvania Coal Alliance and Eugene M. Trisko, Esq. representing the United Mine Workers of America, reiterated their support for House Bill 2354, which requires DEP to receive approval from the Pennsylvania Legislature for a state plan to regulate CO2 emissions prior to submitting any plan to the EPA for approval.
“Since 2005, CO2 emissions from all fossil-fueled plants in Pennsylvania have decreased by 9 percent,” Trisko added. “EPA’s proposal gives no credit to states such as Pennsylvania that already have reduced their CO2 emissions due to market-driven forces such as increased natural gas use, or the retirement of existing coal units.”
The Committee also heard from Dan Byers, Senior Director of Policy for the U.S. Chamber of Commerce’s Institute for 21st Century Energy who highlighted a comment made by current Secretary of State John Kerry on the EPA proposal:
“[T]he United States cannot solve this problem or foot the bill alone. Even if every single American got on a bicycle tomorrow and carpooled – instead of – or carpooled to school instead of buses or riding in individual cars or driving, or rode their bike to work, or used only solar power – panels in order to power their homes; if we each, every American, planted a dozen trees; if we eliminated all of our domestic greenhouse gas emissions – guess what? That still wouldn’t be enough to counter the carbon pollution coming from the rest of the world. Because today, if even one or two economies neglects to respond to this threat, it can counter, erase all of the good work that the rest of the world has done. When I say we need a global solution, I mean we need a global solution.”
Byers further emphasized that in the absence of similar actions by other major economies, U.S. regulations to address carbon emissions will fail, something the EPA and Obama Administration are keenly aware of.
The Committee has scheduled a second hearing to discuss the federal proposal for August 21.
For a complete list of testifiers, along with testimony and hearing Video/Audio, visit the Senate Environmental Committee webpage.
July 1 Hearing On Cleanup Plan For Former Tunnelton Liquids Site, Indiana County
The Department of Environmental Protection is moving to halt the potential uncontrolled release of untreated water and sludge from the former Tunnelton Liquids Company (TLC) site in Tunnelton, Indiana County.
TLC treated leachate from a coal refuse disposal area and wastewater from oil and gas drilling activities. The company halted operations on April 17, 2014. With no activity at the facility, untreated water and sludge is accumulating in a pond on the site which could overflow into the Conemaugh River. There is additional concern that residue found in parts of the site may contain hazardous substances
Using the authority of the Hazardous Sites Cleanup Act (HSCA), DEP has initiated a response at the Tunnelton company site. The agency believes that there is an imminent threat to human health and the environment if the water and sludge from a pond on the site were to overflow into the river.
DEP has developed a plan designed to prevent an uncontrolled discharge into the river.
A public hearing has been scheduled for July 1 at 6:30 p.m. at the Tunnelton Volunteer Fire Department located at 76 East 3rd Ave., Saltsburg, Pa.
Members of the public will have an opportunity to provide testimony at the hearing. Those wishing to make comments should register in writing with Community Relations Coordinator John Poister in care of DEP’s Southwestern Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222, or by phone at 412-442-4203 before noon on the day of the hearing. There will also be an opportunity to register on-site on the evening of the hearing.
Those unable to attend the hearing should submit written comments to Terry Goodwald, Project Manager, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. The public comment period for this cleanup plan will close August 22, 2014.
PEC Asks Sen. Scarnati, Rep. Causer To Respond To Concerns On Conventional Well Bills
The Pennsylvania Environmental Council Friday asked Sen. Joe Scarnati (R-Jefferson) and Rep. Martin Causer (R-Cameron) to respond to several significant concerns about Senate Bill 1378 and House Bill 2350 that would regulate conventional oil and gas wells differently than unconventional (Marcellus Shale) wells.
PEC said it was concerned about statements made by both members at the Senate and House Environmental Committees this week that the bills were meant to take conventional wells out of the basic law-- Act 13-- regulating oil and gas well activities leaving open the question of what kinds of environmental standards would apply to conventional wells.
The text of the letter follows--
The Pennsylvania Environmental Council is concerned about comments made Wednesday in both the Senate and House Environmental Resources and Energy Committees about the intent behind Senate Bill 1378 and House Bill 2350. We want to give you an opportunity to respond to these concerns.
In the Committee meeting you said the General Assembly “erred” in putting conventional wells and unconventional wells in the same law and further explained, “The intent (of this bill) is to take conventional wells back out of Act 13.”
In the House, Rep. Causer said, “Conventional wells are shallow and have significantly smaller well pads. Their overall impact on the surrounding environment is far less than that of deep, Marcellus wells. Both types of drilling will continue to be regulated under this bill, but by differentiating between the two, we can protect against over regulation that could eventually drive shallow well producers out of business.”
We agree that there are appropriate differences between conventional and unconventional drilling that can be addressed through specific regulations, provided the distinction between the two is the right one. However, if the intent of the bills is to remove or “differentiate” conventional well regulatory requirements to the point of eliminating them from Title 58 regulating oil and gas operations, the basic law that requires regulation of oil and gas well development, what requirements do apply to each kind of well in your view?
Section 4 of both bills says-- “General rule.-- Proposed regulations and regulations promulgated by the Environmental Quality Board under 58 Pa.C.S. (relating to oil and gas) or other laws of this Commonwealth relating to conventional oil and gas wells or unconventional gas wells shall differentiate between conventional oil and gas wells and unconventional gas wells.”
Under existing law, the permit, well construction, environmental setbacks, bonding, enforcement and other requirements of Title 58 covered both kinds of wells. If the intent is to take conventional wells out of Title 58 or to “differentiate” or eliminate some requirements, do any of these apply? Just some? Or to what extent?
The choice of what applies and what does not is left to the Environmental Quality Board and the professionals at the Department of Environmental Protection in the rulemaking process under both Senate Bill 1378 and House Bill 2350.
Once those decisions are made in the rulemaking process, however, the language in both bills gives the conventional and unconventional oil and gas industry a new legal right to challenge the determinations made by the EQB and DEP, not just on the substance-- what is a reasonable setback from a stream or wetland or reasonable well construction standards, but also on whether the requirement should even apply to a conventional or unconventional well.
The additional workload these changes will put on DEP staff is also a concern to PEC. It has been more than two years since Act 13 was signed into law and DEP has yet to finalize its first set of regulations to implement its provisions. We are concerned the added bureaucratic process and potential for legal challenges resulting from it will result in Pennsylvania falling further and further behind in regulating the oil and gas industry.
Potentially removing conventional gas drilling from regulation under Act 13 could leave that portion of the industry with relatively free rein to operate without appropriate regulatory oversight. This is especially troubling when one looks at the recent record of the conventional gas operators based on numbers of permit violations.
The Pennsylvania Environmental Council has previously expressed our concerns with regulating oil and gas wells based on depth of drilling and not the technology used. The statements made at the Committee meetings broaden and deepen those concerns.
We hope these issues can be addressed before the Senate and House take final action on this legislation. We believe there are simpler and more effective ways to deal with the differences between conventional and unconventional drilling than the broad language in these bills.
We would be happy to meet with you to discuss our concerns. Please contact me at 412-481-9401 if you would like to follow-up.
Sincerely,
Davitt Woodwell
Executive Vice President
Pennsylvania Environmental Council
Growing Greener Coalition Issues Environmental Funding Plan If Severance Tax Adopted
The PA Growing Greener Coalition, the largest coalition of conservation, recreation and preservation organizations in the Commonwealth, Friday made its case for why environmental funding must be contained in any severance tax package passed by the legislature.
“The impacts of drilling in Pennsylvania are evident throughout the Commonwealth. Our parks, forests, scenic and cultural areas, and waterways are at risk of being disturbed and degraded. Any severance tax must dedicate funds toward the protection of these public resources,” said Andrew Heath, executive director of the Coalition.
“Funding through a severance tax is essential to address the resources being most affected by natural gas extraction and should not take away from funding already being provided by other general and special fund programs.”
The Coalition has proposed $26 million be set aside from a severance tax in year one, growing to $70 million by year five, to address the Commonwealth’s open space and forest resources, rivers and streams, historic treasures, and heritage areas. Distribution would be as follows:
-- Year 1: $3 million for Heritage Areas; $3 million for Historic Preservation; and $20 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams (abandoned mine drainage, major basin watershed projects, etc.)
-- Year 2: $4 million for Heritage Areas; $4 million for Historic Preservation; and $30 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams.
-- Year 3: $5 million for Heritage Areas; $5 million for Historic Preservation; and $40 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams.
-- Year 4: $5 million for Heritage Areas; $5 million for Historic Preservation; $50 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams.
-- Year 5 and beyond: $5 million for Heritage Areas; $5 million for Historic Preservation; and $60 million for Growing Greener Environmental Stewardship Fund with a priority on conserving our sensitive lands and cleaning our rivers and streams.
Public Supports Environmental Funding
The Coalition pointed to a new survey that found overwhelming bi-partisan public support for continuing existing dedicated state funding for conservation and for increasing state funding to protect land, water and historic sites.
Overall, the survey found that more than 97.4 percent of Pennsylvanians surveyed think that state funds dedicated to protecting rivers and streams; conserving open space, forests, natural areas and wildlife habitats; providing parks and trails, and preserving farmland should continue to be used for these purposes. This figure represented strong bi-partisan support, and is up by five percentage points since 2012.
The survey also found that more than three-quarters of respondents – 82.6 percent – would support increasing state funds to address these issues, even if it would cost the average household $10 more annually. This figure is up from 77.7 percent in 2012.
Despite the success of such programs like the Growing Greener Environmental Stewardship Fund, Keystone Recreation, Park & Conservation Fund, Agricultural Preservation, Marcellus Shale Legacy Fund, Heritage Areas Program and Historic Preservation, there is much more work that needs to be done.
“The Commonwealth has 19,000 miles of rivers and streams that do not meet basic water quality standards. Historic preservation funding is at a low and the Heritage Areas Program was zeroed out in the Governor’s proposed budget,” said Heath. “These issues must be addressed.”
In addition, conservation funding is an essential component for meeting federal Clean Water Act mandates associated with the Chesapeake Bay Blueprint and the need to reduce pollution in our local rivers and streams.
“Utilizing funds collected through a severance tax to address these issues is a step in the right direction, and would also negate the need to raise additional state revenues through more leasing of state lands,” said Heath.
For more information, visit the PA Growing Greener Coalition website.
Perkiomen Watershed Conservancy Seeks Award Nominations
Ensuring that community efforts to protect and improve the local environment are publicly acknowledged, the Perkiomen Watershed Conservancy is looking for a few good people, projects and organizations to recognize with an Environmental Award.
Nominations are due July 31.
“Through commitments of time, energy and resources, individuals and organizations in the community have made a positive environmental impact at the local level. It's important that the Perkiomen Watershed Conservancy acknowledge these efforts, so we're asking for your help. By nominating someone, a project or an organization, you'll let us know about work that has made a significant contribution to improving the Perkiomen Creek Watershed or protecting local water supplies," said Board member Garrett Burch.
To be eligible for the Award, nominees or nominated projects must be located within the 362 square-mile Perkiomen Creek Watershed, comprised of all or part of 57 municipalities within Montgomery, Berks, Bucks and Lehigh Counties.
Awards will be given in several categories: Kids Making a Difference, Advocate of the Watershed, Corporate, Teaching Excellence, Preston Luitweiler Friend of the Watershed, Municipal and Land Use.
The awards will be presented at the Conservancy’s Environmental Awards Banquet and 50th Anniversary Celebration to be held October 22. All nominations will be judged by site visits or interviews performed by the Perkiomen Watershed Conservancy Events Committee. Anyone may make a nomination and all entries are encouraged.
For more details and entry form, visit the Perkiomen Environmental Award webpage or contact Susan in Outreach by calling 610-287-9383 or sending email to: outreach@perkiomenwatershed.org.
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