pa environment digest october 11, 2010

8/8/2019 Pa Environment Digest October 11, 2010

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PA Environment DigestAn Update On Environmental Issues InPAEdited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Harrisburg, Pa October 11, 2010

House Misses Bus On Transportation Funding, No Severance Tax In Sight

It was another tough week for House Democratic Leadership.After failing to move any transportation funding bill, House

Majority Leader Todd Eachus (D-Luzerne) finally announcedWednesday there are no further voting session days between nowand the November 2 election in spite of a number of outstandingissues still being discussed with the Senate including a MarcellusShale natural gas severance tax, pension reform and anindependent fiscal office.

Transportation FundingAfter a tumultuous House Democratic Caucus and two meetings of the House

Transportation Committee this week, Rep. Dwight Evans (D-Philadelphia), Majority Chair of theHouse Appropriations Committee, the Committee ended up amending a transportation bill--Special Session House Bill 8 , but didn't report it to the floor for a vote.

Rep. Evans said he would take up the bill again when the House returns to session on November 8, after the election. Unfortunately for him, nothing will happen on the issue becausethe Senate said they are not coming back after the election to act on legislation.

Severance TaxThe Senate this week said the bill the House sent them with the Marcellus Shale

severance tax was unconstitutional and they didn't think they had another legislative vehiclehandy to push their version of the severance tax back to the House next week.

In fact, Senate President Pro Tempore Joe Scranati (R-Jefferson) requested a legalopinion from the Legislative Reference Bureau to back up his claims on constitutionality.

Meetings between Senate and House staff and the Department of EnvironmentalProtection on several related issues the Senate wants to hook to the severance tax-- coal-gas wellspacing, local government preemption and certain enforcement and inspection provisions-- went

basically no where.While acknowledging the constitutional questions with the bill sent to the Senate by the

House, Gov. Rendell Friday called on Senate and House leaders to meet on Monday to hash outa compromise on the severance tax. Senate Republican politely said they are returning to sessionon Tuesday and expect to get an opinion on the legal issues from the Legislative ReferenceBureau at that time.
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Without another legislative vehicle in hand, and with little coming of discussions so far,it's difficult to see how the Senate and House can reconcile their differences on the severance taxand meet their written commitments to act on a proposal.

Solar EnergyAnother priority of Gov. Rendell, increasing the solar energy mandate in the Alternative

Energy Portfolio Standards, was added to yet another bill-- House Bill 2693 (Baker-R-Tioga)-- by the House Consumer Affairs Committee this week.

As with the same proposal in the Senate last week, this one isn't going anywhere either.NewsClips: Governor Wants Columbus Day Meeting To Hammer Out Severance Tax

Rendell Calls For Summit On Marcellus Shale TaxRendell Wants Lawmakers To Return For Marcellus Shale TaxSenate Leaders Refuse Call For Holiday Session On Shale Gas TaxHouse Adjourns For Elections, Leaving Items UnsettledRendell Urges Action On Marcellus Shale Tax

Natural Gas Tax Delayed In PA SenateSeverance Tax Bill Criticized For Skimpy Aid To Shale AreaTax For Infrastructure Considered For Marcellus DrillingPA Severance Tax, Too High Or Just Right?Split Decisions On Natural Gas TaxDrillers Split On Severance TaxLegislators Worry About Severance Tax LevyLuzerne Officials Seek Gas Extraction TaxOp-Ed: House Took First Step On Marcellus Tax, Now It's Up To SenateJohn Baer: House Dems' Take On Shale Tax Is Creepy, KookyEditorial: Senate Clock Ticks For Marcellus Shale TaxEditorial: Taxing Marcellus

Editorial: Gas Tax's Fate Tied To CashGovernor's Race: Transportation

Related StoriesCBF: Senate Inaction On Severance Tax Could Cost PA Taxpayers Billions To Cleanup Water PA Environmental Council Urges Senate To Meet Its Commitment And Pass Severance TaxGov. Rendell Urges Senate Action On Severance Tax

Professional Services DirectoryPlease join us in welcoming Stormwater Maintenance, LLC to the PA Environment DigestProfessional Services Directory . For more information visit the Stormwater Maintenance,

LLC website, call 410-785-0875 or send email to: [email protected] .

CBF: Senate Inaction On Severance Tax Could Cost PA Taxpayers Billions To CleanupWater

Matthew Ehrhart, Pennsylvania Office Director of the Chesapeake Bay Foundation , sent thisletter to all members of the Senate Friday saying if they don't meet their commitment to pass a
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=2693http://www.pennlive.com/midstate/index.ssf/2010/10/gov_ed_rendell_wants_lawmakers_1.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_703421.htmlhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.philly.com/inquirer/local/20101007_Pa__House_adjourns_for_elections__leaving_policy_items_unsettled.htmlhttp://www.post-gazette.com/pg/10280/1093290-113.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_702225.htmlhttp://www.timesleader.com/news/Natural_gas_tax_bill_criticized_for_skimpy_aid_to_Shale_area_10-04-2010.htmlhttp://standardspeaker.com/news/tax-for-infrastructure-projects-being-considered-for-marcellus-shale-drilling-1.1043668http://www.riverreporter.com/issues/10-10-07/news-severance.htmlhttp://www.phillyburbs.com/news/news_details/article/28/2010/october/04/split-decisions-on-natural-gas-tax.htmlhttp://thetimes-tribune.com/news/drillers-split-on-severance-tax-1.1044380http://www.wayneindependent.com/news/x83588251/Legislators-worry-about-gas-levyhttp://www.timesleader.com/news/Officials_seek_gas_extraction_tax_10-06-2010.htmlhttp://www.pennlive.com/editorials/index.ssf/2010/10/house_took_first_step_on_marce.htmlhttp://www.philly.com/dailynews/local/20101004_John_Baer__House_Dems__take_on_shale_tax_is_creepy_and_kooky.htmlhttp://www.pennlive.com/editorials/index.ssf/2010/10/in_the_senates_court_clock_tic.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/opinion/s_702322.htmlhttp://www.philly.com/inquirer/opinion/20101003_Inquirer_Editorial__Gas_tax_s_fate_tied_to_cash.htmlhttp://www.pennlive.com/midstate/index.ssf/2010/10/pennsylvania_governors_race_vi_1.htmlhttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17010http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17011http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17012http://swmaintenance.com/http://www.paenvironmentdigest.com/pages/professionalservices/http://swmaintenance.com/http://swmaintenance.com/mailto:[email protected]://www.cbf.org/pahttp://www.cbf.org/pamailto:[email protected]://swmaintenance.com/http://swmaintenance.com/http://www.paenvironmentdigest.com/pages/professionalservices/http://swmaintenance.com/http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17012http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17011http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=17010http://www.pennlive.com/midstate/index.ssf/2010/10/pennsylvania_governors_race_vi_1.htmlhttp://www.philly.com/inquirer/opinion/20101003_Inquirer_Editorial__Gas_tax_s_fate_tied_to_cash.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/opinion/s_702322.htmlhttp://www.pennlive.com/editorials/index.ssf/2010/10/in_the_senates_court_clock_tic.htmlhttp://www.philly.com/dailynews/local/20101004_John_Baer__House_Dems__take_on_shale_tax_is_creepy_and_kooky.htmlhttp://www.pennlive.com/editorials/index.ssf/2010/10/house_took_first_step_on_marce.htmlhttp://www.timesleader.com/news/Officials_seek_gas_extraction_tax_10-06-2010.htmlhttp://www.wayneindependent.com/news/x83588251/Legislators-worry-about-gas-levyhttp://thetimes-tribune.com/news/drillers-split-on-severance-tax-1.1044380http://www.phillyburbs.com/news/news_details/article/28/2010/october/04/split-decisions-on-natural-gas-tax.htmlhttp://www.riverreporter.com/issues/10-10-07/news-severance.htmlhttp://standardspeaker.com/news/tax-for-infrastructure-projects-being-considered-for-marcellus-shale-drilling-1.1043668http://www.timesleader.com/news/Natural_gas_tax_bill_criticized_for_skimpy_aid_to_Shale_area_10-04-2010.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_702225.htmlhttp://www.post-gazette.com/pg/10280/1093290-113.stmhttp://www.philly.com/inquirer/local/20101007_Pa__House_adjourns_for_elections__leaving_policy_items_unsettled.htmlhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_703421.htmlhttp://www.pennlive.com/midstate/index.ssf/2010/10/gov_ed_rendell_wants_lawmakers_1.htmlhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=2693


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Marcellus Shale natural gas severance tax in time to cleanup Pennsylvania's rivers and streams, itwill cost Pennsylvania taxpayers billions of dollars.

Dear Senator:

The Chesapeake Bay Foundation, on behalf of our 16,800 members across Pennsylvania, asksthat you fulfill the Pennsylvania General Assemblys commitment to pass a Severance Tax. Weurge you to pass a bill that provides the Environmental Stewardship Fund with level of supportsimilar to Senate Bill 1155 as passed by the House.

This funding is critical to Pennsylvanias ability to meet our obligations to the FederalClean Water Act and Pennsylvania Clean Streams Law. Senate inaction on the natural gasSeverance Tax could cost Pennsylvania billions of dollars.

Two weeks ago the EPA published its draft Total Maximum Daily Load (TMDL), or pollution budget, for the Chesapeake Bay States. They said very clearly that Pennsylvaniasdraft plan to improve water quality to meet that TMDL was woefully inadequate, primarily

because there was no documentation that the STRATEGIES and RESOURCES necessary toimplement PAs plan were available.

If the Commonwealth cannot improve its draft plan to demonstrate with reasonableassurance that implementation is possible, EPA clearly identified how it would use its legalauthority.

In the absence of satisfactory assurance of implementation of the non-point source pollution controls for agriculture and suburban runoff, EPA has the authority and will requirelimit of technology upgrades at wastewater treatment plans and they will dramatically increasethe requirements of the MS4 stormwater permits held by many of our local communities.

These actions will cost Pennsylvania taxpayers billions of dollars if we cannot provide a plan and resources to provide cost effective controls on our non-point sources of pollution.

Adequate resources in the Environmental Stewardship Fund is a critical component to provide EPA with the reasonable assurance that the Federal Clean water Act Requires. Theseresources are also critical to deal with impaired water resources throughout the Commonwealth.

A responsible Severance Tax is a keystone to building a plan that EPA will accept andavoiding tremendously costly upgrades to our wastewater infrastructure.

Please keep the commitment that was made this summer to pass legislation enabling aSeverance Tax.

NewsClips: Governor Wants Columbus Day Meeting To Hammer Out Severance TaxRendell Calls For Summit On Marcellus Shale TaxRendell Wants Lawmakers To Return For Marcellus Shale TaxSenate Leaders Refuse Call For Holiday Session On Shale Gas Tax

Rendell Urges Action On Marcellus Shale Tax Natural Gas Tax Delayed In PA SenateSeverance Tax Bill Criticized For Skimpy Aid To Shale AreaTax For Infrastructure Considered For Marcellus DrillingPA Severance Tax, Too High Or Just Right?Split Decisions On Natural Gas TaxDrillers Split On Severance TaxLegislators Worry About Severance Tax Levy
http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16957http://www.pennlive.com/midstate/index.ssf/2010/10/gov_ed_rendell_wants_lawmakers_1.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_703421.htmlhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.post-gazette.com/pg/10280/1093290-113.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_702225.htmlhttp://www.timesleader.com/news/Natural_gas_tax_bill_criticized_for_skimpy_aid_to_Shale_area_10-04-2010.htmlhttp://standardspeaker.com/news/tax-for-infrastructure-projects-being-considered-for-marcellus-shale-drilling-1.1043668http://www.riverreporter.com/issues/10-10-07/news-severance.htmlhttp://www.phillyburbs.com/news/news_details/article/28/2010/october/04/split-decisions-on-natural-gas-tax.htmlhttp://thetimes-tribune.com/news/drillers-split-on-severance-tax-1.1044380http://www.wayneindependent.com/news/x83588251/Legislators-worry-about-gas-levyhttp://www.wayneindependent.com/news/x83588251/Legislators-worry-about-gas-levyhttp://thetimes-tribune.com/news/drillers-split-on-severance-tax-1.1044380http://www.phillyburbs.com/news/news_details/article/28/2010/october/04/split-decisions-on-natural-gas-tax.htmlhttp://www.riverreporter.com/issues/10-10-07/news-severance.htmlhttp://standardspeaker.com/news/tax-for-infrastructure-projects-being-considered-for-marcellus-shale-drilling-1.1043668http://www.timesleader.com/news/Natural_gas_tax_bill_criticized_for_skimpy_aid_to_Shale_area_10-04-2010.htmlhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_702225.htmlhttp://www.post-gazette.com/pg/10280/1093290-113.stmhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.post-gazette.com/pg/10281/1093635-100.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_703421.htmlhttp://www.pennlive.com/midstate/index.ssf/2010/10/gov_ed_rendell_wants_lawmakers_1.htmlhttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=16957


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Luzerne Officials Seek Gas Extraction TaxOp-Ed: House Took First Step On Marcellus Tax, Now It's Up To SenateJohn Baer: House Dems' Take On Shale Tax Is Creepy, KookyEditorial: Senate Clock Ticks For Marcellus Shale TaxEditorial: Taxing Marcellus

Editorial: Gas Tax's Fate Tied To Cash

Related StoriesHouse Misses Bus On Transportation Funding, No Severance Tax In SightPA Environmental Council Urges Senate To Meet Its Commitment And Pass Severance TaxGov. Rendell Urges Senate Action On Severance Tax

PA Environmental Council Urges Senate To Meet Its Commitment And Pass SeveranceTax

The Pennsylvania Environmental Council sent this message to all Senators urging them to keeptheir written commitment to pass a Marcellus Shale natural gas severance tax to funddisappearing environmental programs--

With the last three days of voting session coming up next week, the Pennsylvania EnvironmentalCouncil urges all Senators to meet their commitment to pass a responsible natural gas severancetax to help fund disappearing environmental programs like Growing Greener.

A reasonable severance tax will provide much-needed revenue to the States popular andeffective Growing Greener environmental funding program that is now all but out of money tosupport vital and mandated environmental restoration programs.

A reasonable severance tax will also provide strong support for the General Fund, local

and county governments where gas drilling is taking place, State wildlife management agencies,county conservation districts and other environmental purposes.In talking with many of you over the last several months, we appreciate your dedication

to ensuring that environmental program funding is a primary component of any severance tax; but now is time for the Senate to act on this once in a generation opportunity to support effectiveenvironmental programs like Growing Greener.

The House of Representatives has fulfilled its promise by approving a severance tax proposal.

Without action, Growing Greener will all but disappear, 19,000 miles of Pennsylvania'srivers and streams will remain polluted, and we will have lost an amazing opportunity to meetthe mandate of Pennsylvania's Constitution:

The people have a right to clean air, pure water, and to the preservation of the natural,scenic, historic and ethic values of the environment. Pennsylvania's public natural resources arethe common property of all of the people, including generations yet to come. As trustees of theseresources, the Commonwealth shall conserve and maintain them for the benefit of all the people.(Article I, Section 27).

NewsClips: Governor Wants Columbus Day Meeting To Hammer Out Severance TaxRendell Calls For Summit On Marcellus Shale TaxRendell Wants Lawmakers To Return For Marcellus Shale Tax
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Senate Leaders Refuse Call For Holiday Session On Shale Gas TaxRendell Urges Action On Marcellus Shale Tax

Natural Gas Tax Delayed In PA SenateSeverance Tax Bill Criticized For Skimpy Aid To Shale AreaTax For Infrastructure Considered For Marcellus Drilling

PA Severance Tax, Too High Or Just Right?Split Decisions On Natural Gas TaxDrillers Split On Severance TaxLegislators Worry About Severance Tax LevyLuzerne Officials Seek Gas Extraction TaxOp-Ed: House Took First Step On Marcellus Tax, Now It's Up To SenateJohn Baer: House Dems' Take On Shale Tax Is Creepy, KookyEditorial: Senate Clock Ticks For Marcellus Shale TaxEditorial: Taxing MarcellusEditorial: Gas Tax's Fate Tied To Cash

Related StoriesHouse Misses Bus On Transportation Funding, No Severance Tax In SightCBF: Senate Inaction On Severance Tax Could Cost PA Taxpayers Billions To Cleanup Water Gov. Rendell Urges Senate Action On Severance Tax

Gov. Rendell Urges Senate Action On Severance Tax

Gov. Rendell wrote to Senate leaders this week and urged them to deliver on their promise toenact a severance tax on natural gas extraction this fall.

While acknowledging the constitutional questions with the bill sent to the Senate by the

House, Gov. Rendell Friday called on Senate and House leaders to meet on Monday to hash outa compromise on the severance tax. Senate Republican politely said they are returning to sessionon Tuesday and expect to get an opinion on the legal issues from the Legislative ReferenceBureau at that time.

Here's a copy of the letter sent by the Governor to the Senate earlier in the week--

Dear Senators:

A week ago the Pennsylvania House of Representatives voted to impose a severance tax onnatural gas drilling in Pennsylvania. Since that time, in spite of the expressed commitment made

by the you in the fiscal code, your comments, and those made by your staff, do not offer a shred

of evidence that you have any intention of living up to this commitment you made to put theseverance tax to a vote in the Senate before you adjourn the session.

Although the House believes the bill that passed imposes a tax at a fair and reasonablerate, I recognize that you may want to make changes to their taxing approach. However, in thelast seven days you have not made a counter offer to the House tax rate, tax approach or their defined uses of the new revenues. Your failure to make a counter offer seems to suggest that youare more interested in running out the clock than living up to your public commitment to imposea tax on this industry.
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I understand that in your estimation, the bill passed by the house is inherently flawed. Iam certain there are ways to resolve the problems associated with the bill or its construct. What'simportant here is that the House lived up to its end of the bargain and passed a tax bill for your consideration. It's now time for you to make the next move to bring this matter to a close and saywhat you believe makes sense on the specifics of rate, approach and the use of the funds.

Obviously, the final severance bill must be drafted to survive a legal challenge. And, Iknow that when your chamber wants to get something done, you figure out how to do so. Thus Iwrite today to urge you to put your counter offer on the table this week and to begin to work inearnest and with a sense of urgency to reach an agreement on a bill that can pass out of your chamber before you adjourn next week, that the House will support, and if sent to my desk, I willsign.

I am not interested in being party to bickering over vehicles or flawed statutoryconstructs. Neither are the people of Pennsylvania. Pennsylvania's roads, water ways and other state and local infrastructure are being overburdened by the expansion of natural drilling. Thetime has come for these companies to stop taxing our resources and challenging our environmentand instead for us to tax them and apply these new revenues to improve our communities and

protect our environment.Every day that goes by when these companies are drilling in our state untaxed is another

day that our citizens are paying for the escalating cost imposed on us by these companies whilethey profit from our natural resources.

Let's get to work now and get this done.NewsClips: Governor Wants Columbus Day Meeting To Hammer Out Severance Tax

Rendell Calls For Summit On Marcellus Shale TaxRendell Wants Lawmakers To Return For Marcellus Shale TaxSenate Leaders Refuse Call For Holiday Session On Shale Gas TaxRendell Urges Action On Marcellus Shale Tax

Natural Gas Tax Delayed In PA SenateSeverance Tax Bill Criticized For Skimpy Aid To Shale AreaTax For Infrastructure Considered For Marcellus DrillingPA Severance Tax, Too High Or Just Right?Split Decisions On Natural Gas TaxDrillers Split On Severance TaxLegislators Worry About Severance Tax LevyLuzerne Officials Seek Gas Extraction TaxOp-Ed: House Took First Step On Marcellus Tax, Now It's Up To SenateJohn Baer: House Dems' Take On Shale Tax Is Creepy, KookyEditorial: Senate Clock Ticks For Marcellus Shale Tax

Editorial: Taxing MarcellusEditorial: Gas Tax's Fate Tied To Cash

Related StoriesHouse Misses Bus On Transportation Funding, No Severance Tax In SightCBF: Senate Inaction On Severance Tax Could Cost PA Taxpayers Billions To Cleanup Water PA Environmental Council Urges Senate To Meet Its Commitment And Pass Severance Tax
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DEP Publishes Final NPDES Permit Fee Increase Worth $5.3 Million

The Environmental Quality Board published final regulations this weekend that will provide theDepartment of Environmental Protection with about $5.3 million a year to support its NPDESwater quality permit program.

The Environmental Quality Board and the Department of Environmental Protection havefinalized or proposed permit fee increases for DEP totaling about $24.7 million over the last year to help offset the dramatic cuts in the agency's General Fund budget.

Last July the EQB finalized changes to permit fees for Marcellus Shale natural gasdrilling applications to increase revenue from about $935,000 a year to $8.4 million for FY2009-10.

The increase in the NPDES water quality permit fee increased revenue from about$750,000 annually to about $5 million. In addition to increasing permit review fees, the agency isalso imposing an annual permit administration fee for the first time.

The new NPDES fees will have an impact on 5,000 industrial and public wastewater treatment systems across the state as well as about 5,000 applicants applying for NPDES GeneralPermits.

Regulation changes finalized in August to Chapter 102 Erosion and Sedimentationregulations increased application fees to yield about $7.3 million annually instead of about$635,000. Much of the increase-- about $5 million- was supposed to go to county conservationdistricts which perform this permit review work, however DEP has since said it plans to take the

bulk of the fees to make up for budget cuts.Other fee changes finalized or proposed this last year include--

-- Finalized Laboratory Accreditation fees increased from $500,000 to $1.6 million;-- Proposed Air Quality fee increases from $20.2 million to $24.4 million;-- Proposed Non-Coal Mining permit fee increases in June from $25,000 to over $2.5 million;

-- Proposed Beneficial Use Of Coal Ash Fees to raise $75,000;-- Proposed new fees for the administration of the Uniform Environmental Covenants Act thatwill raise $82,250 annually; and-- On October 12 the EQB considered proposed permit fee increases for the surface coal mining

program that will increase revenue from $50,000 to $400,000.For more information, visit the Environmental Quality Board webpage.

Stormwater Maintenance LLC Joins Professional Services Directory

Please join us in welcoming Stormwater Maintenance, LLC to the PA Environment DigestProfessional Services Directory .

With over 20 years of stormwater management experience, in-house engineering anddesign support and full construction capabilities, Stormwater Maintenance helps owners of stormwater management facilities plan for - and minimize - maintenance and repair expenses.

They provide services to property management firms, land owners, home ownersassociations, and businesses ranging from "mom and pop" stores to Fortune 50 corporations. Weinspect, maintain, and repair all types of stormwater management facilities.

For more information visit the Stormwater Maintenance website, call 410-785-0875 or send email to: [email protected] .
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Senate/House Agenda/Session Schedule/Bills Introduced

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

Session Schedule

The last voting session days of the year and for this legislative session for the Senate arescheduled for the coming week. Any legislation not given final action by the Senate and then theHouse will die and have to be reintroduced in the new session.

Senate SessionOctober 12, 13, 14Change: November 18 changed to November 17 (Ceremonial Session to Elect an InterimPresident Pro Tempore)

House Session November 8, 9, 10, 15, 16

Calendars

Senate (October 12): Senate Bill 1379 (Musto-D-Luzerne) requiring the recycling of college

textbooks; Senate Bill 1422 (D.White-R-Indiana) authorizing PennVEST to fund non-pointsource management projects including specifically urban stormwater projects; House Bill708 (Ross-R-Chester) requiring electronics recycling funded by industry fees; House Bill2591 (George-D-Clearfield) authorizing PennVEST to fund non-point source management

projects including specifically urban stormwater projects.

House (November 8): House Bill 80 (Vitali-D-Delaware) expanding the Alternative EnergyPortfolio Standards and authorizing a carbon sequestration network; House Bill 894 (Phillips-R-
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Northumberland) establishing a Lyme Disease Task Force and assigning responsibilities to theDepartment of Conservation and Natural Resources without funding; House Bill2405 (DePasquale-D-York) which would increase the solar mandate provisions of theAlternative Energy Portfolio Standards and provide for carbon sequestration facilities; HouseBill 2619 (Preston-D-Allegheny) further providing for municipal aggregation of electric

generation supply; House Resolution 864 (Mundy-D-Luzerne) memorializing Congress to passthe Fracturing Responsibility and Awareness of Chemicals Act.

Committees

House: the House Democratic Policy Committee holds three hearings on Marcellus shaleenvironmental issues in Newtown, Worcester and Phoenixville.

Senate: the Veterans Affairs and Emergency Preparedness Committee hears briefing onRendell Administration's review of the Office of Homeland Security; the Urban Affairs andHousing Committee meets to consider House Bill 712 (J.Taylor-R-Philadelphia) further

providing for the creation of urban land banks; the Appropriations Committee meets toconsider House Bill 1394 (Houghton-D-Chester) relating to splitting off farm and forest landunder preferential assessment for alternative energy production.

Bills Introduced

The following bill of interest was introduced this week--

Full-Cost Infrastructure Pricing: Senate Bill 1482 (Musto-D-Luzerne) requiring water andwastewater systems to develop and implement asset management plans and document progress

toward full-cost pricing.

Gas Mineral Rights Disclosure: Senate Bill 1486 (Greenleaf-R-Montgomery) further providing for gas mineral rights lease agreement disclosure and indemnification.

Hydrogen Fuel Cell: House Bill 2503 (Milne-R-Chester) establishing a hydrogen fuel cellcollaboration program in DEP taking $5 million from the General Fund that supports staff andoperating costs for state agencies to finance this program.

On The Governor's Desk

The following bill was given final action by the General Assembly and is now on the Governor'sDesk for action--

Capital Budget: House Bill 2291 (D.Evans-D-Philadelphia) 2010-2011 Capital Budget projects bill was passed by the House and now goes to the Governor for his action.

Senate/House Bills Moving
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The following bills of interest saw action this week in the House--

House

Capital Budget: House Bill 2291 (D.Evans-D-Philadelphia) 2010-2011 Capital Budget projects bill was passed by the House and now goes to the Governor for his action.

Blight: Senate Bill 900 (Argall-R-Schuylkill) establishing the Neighborhood Blight Reclamationand Revitalization Act was reported from the House Appropriations Committee and was passed

by the House. It returns to the Senate for a concurrence vote.I commend my colleagues in the House for lending a much needed hand to

communities, large and small, impacted by blighted and dilapidated buildings, Sen. Argall said.Blight is an obstacle to breathing new life into our older communities and this legislation willhelp tremendously to overcome this barrier.

This legislation was the dream of my predecessor Senator Jim Rhoades when he firstintroduced this bill (Senate Bill 1291) last session, as well as the goal of the Blight Task Forcewhich he created. Many people have worked long and hard to reach this day and I am very

pleased that this bill is now this close to becoming law, Sen. Argall added.NewsClip: House Approves Tough Blight Bill

Borough Electric Purchases: Senate Bill 168 (Brubaker-R-Lancaster) further authorizingelectric purchases by boroughs was reported from the House Appropriations Committee and was

passed by the House. It returns to the Senate for a concurrence vote.

Energy Production On Farmland: Senate Bill 298 (Yaw-R-Bradford) amends the Farmland

and Forest Land Assessment Act to allow the splitting off of preserved farm and forest landsused for alternative energy systems and natural gas and coal bed methane was recommitted to,amended and reported from the House Appropriations Committee and was passed by the House.It returns to the Senate for a concurrence vote.

Local Government Merger: Senate Bill 1429 (Eichelberger-R-Blair) further providing for themerger and consolidations of local governments was referred into and out of HouseAppropriations Committee, amended on the House Floor and passed by the House. It returns tothe Senate for a concurrence vote.

Pipeline Safety/Solar Share: House Bill 2693 (Baker-R-Tioga) further providing for pipeline

safety was amended to increase the solar energy mandate of the Alternative Energy PortfolioStandards and reported from the House Appropriations Committee and is now on the HouseCalendar for action.

Water Supply Protection From Drilling: House Bill 2213 (George-D-Clearfield) further providing water supply projection from gas and oil drilling was reported from the HouseAppropriations Committee and is now on the House Calendar for action.
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Biofuels Exemption: Senate Bill 901 (Scarnati-R-Jefferson) providing a limited exemption for small refiners to the biofuels requirement was reported from the House AppropriationsCommittee and amended on the House Floor to include fees on businesses handling biofuels. Itremains on the House Calendar for final action.

Pittsburgh RiverLife: House Resolution 964 (Wagner-D-Allegheny) honoring the Pittsburghorganization RiverLife on its mission to reclaim, restore and promote Pittsburgh's riverfronts wasadopted by the House.

News From The Capitol

House Fails To Adopt Low Sulfur Heating Oil Standard To Save Consumers $86 Million/Year

The House this week failed to adopt a Clean Heat Initiative to require ultra low sulfur standard to provide clean-burning heating oil, but moved Senate Bill 901 (Scranati-R-Jefferson) that was theintended vehicle.

The House did amend the bill to include new taxes on thousands of gas stations andconvenience stores to fund enforcement of the biofuels program and ignored the bigger issue of requiring clean-burning heating oil with biofuels content.

John Kulik, executive vice president of the Pennsylvania Petroleum Marketers andConvenience Store Association, said an amendment to Senate Bill 901 that was passed during alast-minute flurry of legislation debated before the House adjourned for its election recessimposes new burdens on small businesses and the customers they serve. The amendments wouldadd another new fee, or tax, on companies that sell diesel fuel in Pennsylvania. Eachconvenience store,service station,truck stop or other retail locations would pay an additional

$100 tax, on top of myriad other local, state and federal fees and taxes."This tax, which is imposed on distributors and retailers who are required by the state to

sell this kind of fuel, adds more costs to handling the fuel, said Kulik. "While some might arguethat $100 does not seem like much, for businesses that have multiple locations the tax canaccumulate to thousands or tens of thousands of dollars. Its a tax that they and their customerswill be forced to pay."

An amendment to the bill supported by PA Petroleum Marketers and Convenience StoreAssociation, American Lung Association, Clean Air Council and the biofuels industry inPennsylvania, would have put in place a clean heat plan to reduce the sulfur content in homeheating oil in Pennsylvania from as high as 5,000 parts per million (ppm) to 15 ppm and requirea 5 percent biodiesel blend in the fuel that 1.2 million Pennsylvania households rely upon to staywarm each winter.

This change would save Pennsylvania heating oil users $86 million a year (14 cents agallon) by lowering the sulfur content of heating oil and reduce maintenance costs for customersusing the cleaner-burning fuel.

The proposed requirements mirror current national standards for on-road diesel, which isexactly the same product as home heating oil. And, the plan would bring Pennsylvania in line
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with New York, the largest market for heating oil in the United States, and New Jersey, whichthis year adopted plans to meet the new standard.

Heating oil and diesel fuel are in the fact the same product and refiners have been makingultra low sulfur diesel fuel to meet the federal requirements since 2009. Sunoco, aPennsylvania-based oil refiner in Marcus Hook, now makes nothing but ultra low sulfur heating

oil and diesel fuel for its customers.The use of ultra low sulfur fuel will also help the state meet federal mandates of limiting

PM .5 particulate standards and reduces the state's carbon foot print compared to the existingfuel.

The House chose to ignore this far-reaching proposal which would have balancedoperating cost savings and enforcement costs and passed the tax increase instead," Kulik said."Were disappointed that the such an important amendment was rammed through the House asthe legislative session is winding down. Our association will oppose passage of Senate Bill 901in its current form in the event the House takes up the measure on final passage.

The House is expected to take a final vote on Senate Bill 901 the next time they are invoting session. The House is not scheduled to be in after the election in the lame duck session.The Senate is expected to adjourn for the year on October 14 and Senate Republican Leadership

has repeatedly said they will not return after the election in the lame duck session to vote on anylegislation.

For more information, visit the PA Clean Heat Initiative webpage.

Professional Services DirectoryPlease join us in welcoming Stormwater Maintenance, LLC to the PA EnvironmentDigest Professional Services Directory . For more information visit the Stormwater Maintenance,LLC website, call 410-785-0875 or send email to: [email protected] .

News From Around The State

Many Voluntary Farming BMPs In PA Portion Of Chesapeake Bay Watershed NotCounted

Several years ago, Don McNutt was surprised when he learned that the state of Pennsylvaniaclaimed Lancaster County farmers were doing only 4,000 acres of no-till farming in its annual(Chesapeake) Bay cleanup reports.

In drives along the county's back roads, it seemed clear to McNutt, who heads theLancaster County Conservation District, that large numbers of farmers had adopted no-till

practices and stopped plowing their land before planting something that reduces erosion and phosphorus runoff.

Now, McNutt has data to back up his hunch. His office recently surveyed 379 farmers,whose operations covered 15.7 percent of the agricultural acreage in the county, and found thatno-till was practiced on more than 34,000 acres. The survey also found more stream buffers andcover crops than previously reported.
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"The numbers pretty much came out where we thought they would," he said. "There is asignificant under-reporting of a lot of good BMPs that the farmers have put in place on their ownnickel."

Conservation measures, known as best management practices or BMPs, are typicallytracked by agencies based on reporting from various programs that help fund measures such as

planting cover crops, installing a streamside buffer or building a manure storage facility.Efforts not funded through government programs typically go under-reported or not

reported at all. No-till is a prime example. Many farmers have stopped plowing their land inrecent years because of rising fuel costs. Sometimes, they simply borrow the equipment neededto plant crops without plowing from others, rather than resorting to programs to help buy it.

The problem is likely exacerbated in Lancaster County, with a high population of Amishand other Plain Sect farmers who don't accept government funding.

Under-reporting BMPs is an issue elsewhere, as well. A survey conducted inPennsylvania's Bradford County not only found significant numbers of undercounted farmBMPs, but also found that many urban stormwater control practices that had gone unreported,including street sweeping and various stream protection measures.

As many call for more restrictions on farmers to help clean up the Bay, many agriculturalagencies and organizations have countered that farmers are not being fully credited for actionsthey have already taken.

The issue of accounting for so-called "voluntary BMPs" has arisen on and off for years.But it has gained more urgency as the EPA develops a new regulatory cleanup plan, known as atotal maximum daily load. Unlike past plans, states could face penalties if they fail to meetcleanup goals.

Just about every Bay jurisdiction said in their draft Watershed Implementation Planssubmitted to the EPA in September that they planned to do a better job finding and reporting

previously uncounted BMPs.

"If you take a blind eye to what you are doing on the ground, you are going to get half [of what you see] as a result," noted John Hines, deputy secretary for water with Pennsylvania'sDepartment of Environmental Protection, at the September meeting of the Chesapeake BayCommission. Because of such undercounting, the state's draft watershed plan says the nutrientreduction actions credited to Pennsylvania by the Bay Program are only "reflecting a portion of what is happening on the ground."

"We actually think there are many things that we are going to be able to identify that willgive us credit," agreed Virginia Natural Resources Secretary Douglas Domenech at the samemeeting.

The Virginia General Assembly this year passed legislation requiring agencies to developa mechanism to count and track voluntary actions by farmers.

Mark Dubin, an agricultural technical coordinator with the University of MarylandExtension who works with the Bay Program, agrees that many BMPs go unreported. In additionto working on Bay issues, he owns and operates a farm in Pennsylvania.

"I am doing things that would be considered BMPs, but there is no opportunity for me toreport what I am doing to the state," he said. "So even if I did want to report it, there is nomechanism. It requires a bit of retooling on everybody's part to do this."


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But there are problems in crediting nutrient and sediment reductions from such voluntaryBMPs, he cautioned. Practices implemented through cost-share programs must meet certainstandards, and technicians must verify that those standards are met.

Practices that don't rely on those programs may not fully meet those standards. For instance, stream buffers may be narrower, cover crops may not be planted soon enough after

harvest or may use less beneficial species, or no-till may be used only for some crop rotations.As a result, Dubin said, it's possible that some voluntary BMPs may produce smaller

nutrient reduction benefits, depending on their level of implementation."For the most value out of what is going on, there needs to be somebody who has the

training to go out and look at something, and say, 'it meets what we are looking for,'" he said."That is going to be part of that ongoing discussion. Who is going to do that? Where are theresources for doing that type of work?"

On-the-ground inspections can create their own issues, such as raising concerns by somefarmers who are worried about confidentiality.

"When it comes down to doing the survey work, the concern is for trust andconfidentiality," McNutt said. "Are you out here spying? Is my name going to show up in thenewspaper tomorrow?"

But he said those problems can be overcome by working with farmers. During thecounty's survey work, he said, technicians found they could get information from farmers as longas their identities were "scrubbed."

If adequate reporting mechanisms are developed, EPA officials say they are open tocounting those practices toward Bay goals in the future.

"If there are additional efforts out there that are not currently being counted bysomebody, we are interested in looking to get that information on how much further the statesare, or are not, ahead," said Shawn Garvin, administrator of EPA Region III, which includesmost of the Bay watershed.

But, he said, mechanisms need to be in place to verify that those practices are properlyinstalled, maintained and work. "We are going to be truth-testing all of this stuff."Garvin noted that what counts toward removing the Bay from the EPA's impaired waters

list is not the number of BMPs on the ground, but an improved Chesapeake. "Ultimately, theBay, and the Bay's water quality will tell us how successful all these activities are."

Written by Karl Blankenship and reprinted from Chesapeake Bay Journal October 2010

Professional Services DirectoryPlease join us in welcoming Stormwater Maintenance, LLC to the PA EnvironmentDigest Professional Services Directory . For more information visit the Stormwater Maintenance,

LLC website, call 410-785-0875 or send email to: [email protected] .

Fish & Boat Commission Presents Awards During Community Meeting
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The Fish and Boat Commission this week formally recognizedseveral waterways conservation officers, a local districtattorney and four private citizens for their efforts ininvestigating a 2009 fatal boating incident on the SusquehannaRiver near Lock Haven, Clinton County.

Board President William Worobec formally recognizedRenee Carey, executive director of the NorthcentralPennsylvania Conservancy, for her work on more than 30habitat restoration projects in the area. (Photo)

Carey coordinated the projects as part of a team whichincluded Dave Keller, PFBC area habitat manager, and Jason

Fellon, watershed manager with the Department of Environmental Protection.Tom Kamerzel, PFBC Director of Law Enforcement, presented the agencys Top Gun

Award to WCO Thomas Nunamacher and to Clinton County District Attorney MichaelSalisbury, who accepted the award on behalf of his office. The award recognizes an officersoutstanding effort during the past year in detecting and apprehending boaters operating under theinfluence.

Mr. Kamerzel also presented Outstanding Service Awards to the following individualsfor their assistance with the investigation: WCOs Donald Heiner, Jr., David Decker, CoreyBritcher and Ronald Myers; and citizens Robert Barto, Dennis Miller, Justin Breyerton andDavid Lee Masters. WCO Nunamacher and District Attorney Salisbury also were honored withOutstanding Service Awards.

The combined efforts of concerned citizens, committed officers and dedicated legal professionals resulted in the successful prosecution of the charge of homicide by watercraftwhile operating under the influence, said Mr. Kamerzel.

On July 16, John Edward Englert II pleaded "no contest" to numerous criminal charges

filed against him as a result of the July 10, 2009, boating crash. The Mill Hall man pleaded "nocontest" to five criminal counts, including homicide by vehicle while under the influence of alcohol, two simple assault charges, obstruction of the administration of law, and driving a water craft while under the influence. The homicide by vehicle charge carries a mandatory minimumsentence of three years in prison.

Kiski-Conemaugh Stream Team Gets Website Upgrade

The Community Foundation for the Alleghenies awarded the Conemaugh Valley Conservancy agrant of $1,000 for its Website Additions and Revisions project.

The grant was made possible through the Robert Waters Charitable Trust and the

Community Foundation for the Alleghenies and was matched with funds from the Foundationfor Pennsylvania Watersheds.

The Conservancy used these monies to update and integrate the Kiski-ConemaughStream Teams website with its own. The Stream Team is a program of the Conservancy thatmanages a water monitoring program, provides environmental education, implements special

projects, and offers technical assistance to conservation organizations.Visit the Stream Teams new website .
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Save The Date: Delaware Estuary Science & Environmental Summit Jan. 30-Feb. 2, 2011

The Partnership for the Delaware Estuary will holds its annual Delaware Estuary Science andEnvironmental Summit in Camp May, NJ on January 30 to February 2, 2011.

The theme of the conference is "Connections- Land To Sea, Shore to Shore and Science

to Outreach."This Theme has the goal of creating more effective partnerships among scientists,

outreach specialists, resource managers and others with an interest in the prosperity of theDelaware Estuary.

The Summit will feature---- Over 130 presentations on the latest science, education, and policy topics;-- Regional focus on the issues that matter to the Delaware Estuary and vicinity.Timely topicssuch as Marcellus Shale, emerging contaminants, climate change and other contemporary issues;-- Special sessions on benthic ecosystems, multiple stressors, and energy, as well as regular technical sessions devoted to the full range of water, habitat and living resources;-- Special guest speaker Eric Eckle of Water Words that Work leading hands-on workshops oncommunicating controversial topics and developing outreach campaigns with measurable results;--Plenary presentation by Dr. Jonathan Sharp on long-term trends in environmental conditions;-- Hands-on workshops showing how to relay complex information using conceptual diagramsand visual displays;-- Workshops on how to gain more support for your research/projects through new, easy to useweb tools and social media; and-- Ample networking and cross pollination opportunities in a retreat-like atmosphere.

For more information, visit the Delaware Estuary Summit webpage.

Follow Ohio River Watershed Celebration-Port Of Pittsburgh Issues On Twitter

Now you can follow issues and events related to the Ohio River Watershed Celebration and Portof Pittsburgh issues on Twitter and Facebook .

The 9th Annual Port of Pittsburgh-Ohio River Watershed Celebration attracted over 700 people participating in this unique event which consisted of two cruises: the ImaginationCruise on the Empress for students, parents and educators, and the Networker Cruise on theMajestic for adults (18 and over).

This community of interested people now has a better way to keep in touch. Try it andsee!

PEC Announces Winners Of 40th Anniversary Photo Contest

The Pennsylvania Environmental Council recently announcedthe winners of its 40th Anniversary Photo Contest showcasingsome spectacular photographs of Pennsylvania landscapes.

The winners in each category include:Agriculture: Old Red Tractors by Barbara Grace of Simpson,Pa;
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Landscape: October Morning at Two Mile Run by Kimberly Copley-Harris of Franklin, Pa;People In the Environment: Canal Paddle by Ian Kindle of Upper Black Eddy, Pa;The Built Environment: Urban Texture by Betsy Manderino of Belle Vernon, Pa; andWildlife: Nesting Time by Misha-Linda Spina.

PEC extends a special thanks to Paul G. Weigman of Pittsburgh and Tommy Leonardi of

Philadelphia for judging the contest.Click here to view all winning photographs.

DEP Fines Marcellus Shale Driller For Illegally Filling Exceptional Value State ForestWetland

The Department of Environmental Protection has fined a Marcellus Shale driller $40,000 andordered it to correct multiple violations after discovering that the company illegally built animpoundment on wetlands in Tioga State Forest, jeopardizing an important natural resource.

DEP inspected the Bloss Township, Tioga County, site in March and found SenecaResources Corp. of Brookville had filled nearly one acre of exceptional value wetland withoutauthorization, improperly built an impoundment, and caused sediment runoff by failing toinstitute erosion control best management practices.

The unauthorized fill in a wetland and sediment runoff were violations of thePennsylvania Clean Streams Law and the Dam Safety and Encroachments Act.

Wetlands are highly protected in Pennsylvania for a number of reasons, but largely because many plant and animal species depend on them for survival, said DEP North-centralRegional Director Nels Taber. Beyond that, they improve water quality providing a natural

purification system, add to a healthy environment, and help control flooding. Its important thatwe do everything possible to protect them, thats why DEP requires a permit before a wetlandcan be impacted.

Exceptional value wetlands receive special protection under DEPs Chapter 105 DamSafety and Waterway Management regulations based on certain characteristics. The wetland thatwas improperly filled by Seneca received the classification because it was located along theJohnson Creek floodplain, a wild trout stream in the Tioga River watershed.

DEP issued an Erosion and Sediment Control General Permit No. 1 to Seneca in November 2009 so the company could build a fresh water impoundment to store water for use inhydraulically fracturing Marcellus Shale natural gas wells.

To correct the violations, DEPs Oil and Gas Program required Seneca to submit awetland restoration and mitigation plan.

DEP approved the plan and the wetland restoration is underway. Seneca has removed fillfrom the impacted wetland, but not finished final grading or constructed the new, 0.86-acre

exceptional value wetland.


Penn State Animations Show Extent Of Marcellus Shale Development Over 3 Years
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The pace and extent of Marcellus Shale developmentacross Pennsylvania can be seen in animated maps

produced by the Penn State Marcellus Center for Outreachand Research.

Based on data from the Department of Environmental Protection, the animations show both thenumber of drilling permits issued for the Marcellus Shaletarget and the number of wells drilled by year from 2007

through August 2010. Although permits were issued prior to 2007, information on those permitsdid not include latitude and longitude.

"These animations give people a chance to see how the pace of Marcellus developmenthas accelerated," said Tom Murphy, co-director of the Marcellus Center and extension educator with Penn State Cooperative Extension. "When you look at these animations, you are able totrace where development is occurring and get a sense of the rate at which it is occurring."

The two animations also allow comparison between the number of permits issued and theactual number of wells drilled.

The animations show that interest in the Marcellus has skyrocketed with just 99 drilling permits issued in 2007 compared to 2,108 in the first eight months of 2010. A similar surge inthe numbers of wells drilled is also evident. In 2010, through August 31, 950 wells had beendrilled in the Marcellus Shale while in all of 2007, only 43 wells were drilled.

"We expect that the uptick in Marcellus well drilling activity will continue, given thehigh production rates being seen in the wells and the relatively low cost to develop this gasresource," said Michael Arthur, co-director of Penn State's Marcellus Center and professor of geosciences. "Even with the low natural gas commodity pricing, drilling in the Marcellus canstill be profitable for efficient companies."

The DEP updates its permit and well reports weekly . A separate spreadsheet identifiesMarcellus permits and whether they are for horizontal or vertical wells.The Marcellus Shale occurs as deep as 9,000 feet below ground surface and covers about

95,000 square miles over six states including Pennsylvania. Its organic carbon-rich, gas- producing layers range from less than five feet thick to more than 250 feet thick. Estimates arethat the Marcellus has enough recoverable natural gas to supply the entire U.S. for at least 20years at the current rate of consumption.

The Marcellus Center for Outreach and Research is supported by Penn State Outreach,Penn State Institutes of Energy and the Environment and the colleges of Agricultural Sciencesand Earth and Mineral Sciences.

For more information, visit the Marcellus Center for Outreach and Research webpage,

send email to: [email protected] or call 814-865-1587.NewsClip: Penn State Has Marcellus Shale Web Tool

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State Police Place 208 Trucks Out Of Service During Operation FracNET

The Pennsylvania State Police placed 208 trucks out of service during a three-day enforcementeffort that focused on commercial vehicles hauling waste water from Marcellus Shale natural gasdrilling operations in the state, Commissioner Frank E. Pawlowski announced this week.

"Pennsylvania is experiencing heavy truck traffic in areas where Marcellus Shale naturalgas drilling operations are taking place, particularly in Bradford, Clearfield, Susquehanna, Tiogaand Washington counties," Pawlowski said. "The process of hydraulic fracturing, or fracking,requires significant amounts of water to be delivered to the sites and later trucked away."

Pawlowski said 140 of the vehicles placed out of service were trucks hauling waste water from the drilling operations. The others were trucks being used in support of drilling operations,or trucks not involved in drilling operations that were traveling roads where the inspections took

place.In total, 1,135 trucks were inspected during "Operation FracNET," which was conducted

September 27-29. State police Troops B, C, F, P and R participated.In addition to placing vehicles out of service, state police also issued 959 citations and

placed 64 drivers out of service. The most common problems involved faulty brakes, exterior lighting issues and hauling permit violations.

During an "Operation FracNET" held June 14-16, troopers placed 250 trucks and 45drivers out of service and issued 669 citations.

NewsClips: State Police Cracks Down On Drilling TrucksDrilling Trucks Fail More Tests, State Police SayState Police Dole Out 959 Citations To Marcellus Trucks

Lycoming College Poll Gauges Opinion On Marcellus Shale In Northcentral PA

According to results of a Lycoming College poll released this week, public opinion is largelysupportive of the development of Marcellus Shale in the region, but there is some concern about possible negative consequences.

Fifty percent of respondents indicated that the development of Marcellus Shale would be beneficial to their community, compared to 28 percent who felt its effects would be detrimentaland 22 percent who did not have an opinion. In total, 79 percent of respondents indicated theyfollowed news about Marcellus Shale somewhat or very closely.

Marcellus has made big news in the region. We polled likely voters in the 10thcongressional district, which largely overlaps with the Marcellus region in northeastPennsylvania, said Dr. Jonathan Williamson, chair of the Department of Political Science atLycoming and director of the Colleges Center for the Study of Community and the Economy.

Respondents were relatively knowledgeable about the issue and more supportive of thedevelopment of natural gas than not.

Political science students, under the direction of Williamson, surveyed 370 likely votersfrom September 26-30 in the 10th congressional district, which extends from Williamsport in thewest to sections of Lackawanna and Luzerne counties, excluding the cities of Scranton andWilkes-Barre.

When offered a list of possible benefits that might result from the development of Marcellus Shale in the region, respondents were most optimistic about its potential for the
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creation of many new jobs for the region; in total 78 percent felt the creation of many new jobswas very likely or somewhat likely to occur.

Similarly, 71 percent felt that the natural gas industry would create needed economicdevelopment in the region. Sixty-one percent agreed that natural gas development would be verylikely or somewhat likely to reduce our reliance on foreign sources of energy. Fewer respondents

felt that natural gas development in our region would result in lower energy costs (47 percent) or lower taxes (33 percent).

People are most optimistic about the possibilities that Marcellus brings to their localcommunities, said Williamson, but they are more cautious when asked about the broader reaching effects.

When asked whether drilling should be limited or the growth of the industry should beencouraged, respondents were more divided.

Forty-six percent of respondents agreed with those who felt drilling should be limited because of threats to the environment, while 37 percent agreed with those who feel growth of theindustry should be encouraged because the economic benefits outweigh the environmental risks.Seventeen percent of respondents remain undecided on the issue.

Among possible problems created by the growth of the natural gas industry, respondentsexpressed the most concern about threats to their water supply, with 57 percent indicating it wasa major concern, and the damage to local roads caused by increased truck traffic, with 56 percentindicating that as a major concern.

Significant minorities also indicated health risks to those living near well sites (40 percent), risks to the health and beauty of forests (33 percent), jobs not going to local workers(30 percent), and increasing prices of housing and other necessities (30 percent), as major concerns.

Even though respondents are hopeful about the potential benefits of natural gasdevelopment, said Williamson, they expressed healthy reservations about the potential

negative consequences as well.Respondents were also asked their opinion regarding legislation related to the natural gasindustry currently under consideration in Harrisburg. A plurality (45 percent) supported levyinga severance tax on natural gas, although 37 percent were undecided on the issue and 18 percentwere opposed.

A vast majority (70 percent) of respondents indicated that if a severance tax were leviedmost of the money should go to local governments to pay for costs like road maintenance or

public safety that are attributable to the natural gas industry, as opposed using the funds to balance the state budget deficit, an option supported by only 10 percent of respondents.

The remaining respondents either did not have an opinion on the issue, felt the moneyshould be divided between the two options, or preferred the revenue to be used in another way.

Respondents were also asked whether they favored proposed legislation that wouldrequire land owners to sign gas leases if the majority of their neighbors had done so. Only 11

percent of respondents favored such pooling legislation, while 56 percent opposed it. One thirdof respondents didnt know enough about the issue to express an opinion.

The severance tax and pooling legislation has been in the news a lot in recent weeks,said Williamson, but a sizable share of the public still havent learned enough about the issuesto take a position. Among those that have, it is notable that most are comfortable with the idea of a severance tax, but dont want it to be absorbed into the states general fund. The pooling


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legislation is unpopular likely because respondents see it as violating their rights to control their property.

In sum, 54 percent of respondents had signed a natural gas lease or had someone in their family or someone else they knew who had done so.

A copy of the poll results is available online .

Hard To Recycle Collection Event In Pittsburgh October 16

The PA Resources Council , Allegheny County and other partners will hold a Hard To RecycleCollection Event On October 16 at The Mall at Robinson in Pittsburgh on October 16.

Click here for the details. For more information, contact Sarah Alessio Shea of PRC at412-488-7490 ext. 236 or send email to: [email protected] .

Allegheny County Pharmaceutical Collection Event Set For October 23

The Southwestern PA Household Hazardous Waste Task Force and the PA Resources Councilwill hold a pharmaceuticals collection event on October 23 at the Mt. Lebanon MunicipalBuilding in Allegheny County.

Click here for the details.

College & University Recycling Committee Meets November 16 In Philadelphia

The Professional Recyclers of Pennsylvania will hold the next College and University RecyclingCommittee meeting at the University of Pennsylvania on November 16 in Room 1201 of theWharton School Steinberg Hall starting at 10:00 a.m.

PROP is extending an invitation to all K-12 schools, hospitals, prisons, and other

institutions who want to learn more about recycling and organics collections and processing aswell as waste minimization and sustainability.The goal of the Committee is to make meetings a place where institutions can all come

together with challenges and successes and share experiences in order for institutions to helpeach other.

The tentative agenda includes a presentation by a Coca-Cola representative, Roundtablediscussion, and CURC meeting. There will also be a presentation by Peninsula Composting anda tour of Penns recycling and organics efforts.

Please RSVP Jan Arnold by sending email to: [email protected] or 1-800-769-7767 by November 9.

EPA Awards $1.5 Million In Environmental Education Grants, 1 In PA

In an effort to improve environmental literacy and stewardship across the country, the U.S.Environmental Protection Agency has awarded more than $1.5 million in grants to 14organizations in 11 states and the District of Columbia, including one grant to Galton AreaSchool District in Pennsylvania.

The Galeton Area School District received a $119,530 grant for the Potter CountyConsortium Water Quality Education Initiative.
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Teachers and students will monitor water quality of local streams and rivers to increasetheir awareness and knowledge of local threats to the environment. The project also includes the

provision of teacher training in a nationally recognized curriculum (Project Wet) and follow-onsupport for teachers in the classroom.

The organizations receiving grants will use the money to fund environmental education

efforts, which work to inform the public of environmental issues and help them make educatedchoices on actions they can take to reduce negative environmental impacts.

Every American community relies on clean air, water and land for their environmentaland economic health. We want to help expand awareness on how they can get involved inenvironmental protection, EPA Administrator Lisa P. Jackson said. These grants will helpcommunities across the country show how a clean

pa environment digest october 11, 2010

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