PA Environment Digest

An Update On Environmental Issues In PA

Edited By: David E. Hess, Crisci Associates
Winner 2009 PAEE Business Partner Of The Year Award Harrisburg, Pa October 22, 2012

Good And Bad Environmental Bills Left On The Table As Legislative Session Ends The Senate and House finished up voting on legislation for the year Wednesday leaving lots of unfinished business on environmental issues on the table. All bills not on the Governors Desk will have to start over in January. Three environment or energy-related bills did make it to the Governor before adjournment-- Senate Bill 1298 (Smucker-R-Lancaster) providing for composting facilities on Act 319 farmlands; House Bill 1813 (Tobash-R-Berks) authorizing a financial guarantee option covering mine reclamation; and House Bill 1991 (Cutler-R-Lancaster) further providing for proof of eligibility for energy conservation programs. Two big issues-- transportation funding and paying for damage caused by Hurricane Irene and Tropical Storm Lee in 2011 were not considered. -- Paying For Flood Damages: Hurricane Irene and Tropical Storm Lee roared through Pennsylvania causing hundreds of millions of dollars in property damage and at least seven deaths in September 2011. It also caused yet another budget problem for the Commonwealth because the state is responsible for paying 25 percent of at least the public infrastructure cost of Federal Disaster Assistance in the 27 counties declared a disaster area. Senate Action Last November the Senate passed a package of eight flood recovery bills sponsored by Senators John Gordner (R-Columbia), Gene Yaw (R-Bradford), Lisa Baker (R-Luzerne), John Blake (D-Lackawanna) and John Yudichak (D-Luzerne). The bills included: -- Senate Bill 1264 (Baker-R-Luzerne) enacting the Flood Relief Act for September 2011 making an appropriation of $20 million for individual assistance is now in the House Veterans Affairs and Emergency Preparedness Committee. A summary and Senate Fiscal Note are available. -- Senate Bill 1266 (Gordner-R-Columbia) authorizing the incurring of $150 million in debt to fund flood damage recovery projects is now in the House Appropriations Committee. A summary Senate Fiscal Note are available. -- Senate Bill 1267 (Blake-D-Lackawanna) authorizing real estate tax abatement as a result of Hurricane Irene and Tropical Storm Lee is in the House Finance Committee. A summary and Senate Fiscal Note are available. -- Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of debt to repair flood damaged highways is in the House Appropriations Committee. -- Senate Bill 1269 (Yaw-R-Bradford) adoption of capital projects to repair or replace flood damaged highways and bridges is in the House Appropriations Committee.

-- Senate Bill 1271 (Yudichak-D-Luzerne) an itemized list of flood damaged highway and bridge repair projects is in the House Appropriations Committee. -- Senate Bill 1297 (Baker-R-Luzerne) establishing a $10 million Small Business Flood Relief Program of 2011 is in the House Appropriations Committee; and -- Senate Bill 1323 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program to provide disaster assistance to agricultural operations is in the House Agriculture and Rural Affairs Committee. A summary and Senate Fiscal Note are available. House Action In April, the House passed its own package of flood recovery bills which are now in the Senate--- House Bill 2242 (Baker-R-Tioga) to provide $67.7 million for the repair of Commonwealth highways damaged by Hurricane Irene and Tropical Storm Lee in 2011 is in the Senate Appropriations Committee. A summary and House Fiscal Note are available. -- House Bill 2245 (Bobak-R-Columbia) establishing the Flood Disaster Railroad Assistance Project List totaling $2.6 million is in the Senate Transportation Committee. A summary and House Fiscal Note are available. -- House Bill 2077 (Masser-R-Columbia) establishing a $15 million small business flood relief program is in the Senate Community, Economic and Recreational Development Committee. A summary and House Fiscal Note are available. -- House Bill 2244 (Major-R-Susquehanna) establishing the Watershed Disaster Reconstruction Account with $1.3 million for the payment of the state's share to secure NRCS funding for stream restoration is in the Senate Environmental Resources and Energy Committee. A summary and House Fiscal Note are available. -- House Bill 1916 (Millard-R-Columbia) providing for an itemized list of public improvement projects for flood protection and flood damage repair is in the House Rules Committee. -- Transportation Funding: The Governor's Transportation Commission issued a report in August 2011 detailing a list of recommendations for closing the more than $2 billion funding gap for highways, bridges and transit in the state. Although the Senate and House Transportation Committees have had a series of joint hearings on the report, the Corbett Administration has yet to say what it supports in the recommendations. Everyone had listed transportation funding on their priority list for last Fall, but of course it did not get done. Sen. Jake Corman (R-Centre), Majority Chair of the Senate Appropriations Committee, put together his own transportation funding package and floated it out for comments in late October of last year. In their latest comments, both Gov. Corbett and Budget Secretary Charles Zogby said the stubbornly weak economy will have a significant impact on the timing of any transportation funding proposal. Other environmental and energy legislation-- good and bad-- was left on the table when the Senate and House adjourned-Bills Pending In the Senate

Stream Clearance: House Bill 2359 (Causer-R-Cameron) further providing for emergency removal of flood debris from streams and was left in the Senate Environmental Resources and Energy Committee. A summary and House Fiscal Note are available. Leaf Waste: House Bill 1691 (Godshall-R-Montgomery) further dealing with leaf waste under Act 101 and was left in the Senate Environmental Resources and Energy Committee. A summary and House Fiscal Note are available. Conservation Corps: House Bill 1683 (Culver-R-Northumberland) transferring the PA Conservation Corps Program from the Department of Labor and Industry to the Department of Conservation and Natural Resources and was Tabled in the Senate prior to summer recess. A summary and Senate Fiscal Note are available. DEP Fund Reporting: House Bill 1416 (Evankovich-R-Armstrong) requiring additional reports on expenditures from the Clean Water, Solid Waste Abatement and Clean Air Fund administered by DEP and was left in the Senate Environmental Resources and Energy Committee. A summary and House Fiscal Note are available. Disposition Of Municipal Property: House Bill 2224 (Cutler-R-Lancaster) further providing for the disposition of unused municipal property which is not limited by covenants for public use. A summary and House Fiscal Note are available. The bill died on the Senate Calendar. Permitting Portal: House Bill 2022 (Peifer-R-Monroe) providing for a PA Business Permitting Portal within DCED and is in the Senate Appropriations Committee. Emissions Inspection: Senate Bill 1532 (Vogel-R-Beaver) exempting certain vehicles from the vehicle emissions inspection program was passed by the Senate and died in the House. Renewable Energy Projects: Senate Bill 1544 (Wozniak-D-Cambria) further providing for the leasing of state lands for wind, solar and other renewable energy projects and is in the Senate Appropriations Committee. Bills Pending In the House Gas Lease Payments: Senate Bill 460 (Yaw-R-Bradford) requiring when payment is made for oil or gas production to an interest owner, itemized deduction information will be included on the check stub or an attachment to the form payment. The bill is in the House Environmental Resources and Energy Committee. Stormwater Management: Senate Bill 1261 (Erickson-R- Delaware) further providing for stormwater management by municipal authorities and died on the House Calendar. A summary and Senate Fiscal Note are available. Hazardous Sites Cleanup: Senate Bill 303 (MJ White-R-Venango) further providing for reports under the Hazardous Sites Cleanup Act was Tabled in the House.

Trail Liability: Senate Bill 469 (Argall-R-Schuylkill) allows walking, jogging, bicycling, exercising and horseback riding on nature trails as a recreational purpose by limiting liability and is in the House Rules Committee. Uniform Permit Reviews: House Bill 1659 (Pyle-R-Armstrong) providing for a uniform permit review and consideration process within DEP and died on the House Calendar for action. A summary and House Fiscal Note are available. Distribution Of $204 Million In Marcellus Shale Impact Fees Detailed Gov. Tom Corbett Monday announced the Marcellus drilling law enacted in February (Act 13) has generated more than $204.2 million through the new impact fee. He was joined by Sen. Joe Scarnati (R-Jefferson) a primary author of the bill in the Senate Most of this money will be distributed directly to local communities across the state. The Marcellus industry continues to create jobs and prosperity for our states working families, Corbett said. We are excited and encouraged by this growth, but we know that every leap forward has an impact. Thats why this impact fee is appropriate; millions of dollars will go directly to help the communities who need it. Ive said it before, energy equals jobs; not just in the industry itself, but in various fields all across Pennsylvania, Corbett said. Were ushering in a new industrial revolution, and were doing it responsibly with our world-class environmental standards and by providing the communities who are hosting and impacted by natural gas development with the financial resources they need to address those impacts. The development of the Marcellus Shale industry has been a tremendous asset to Pennsylvanias economy, said Sen. Scarnati. This annual fee revenue collected is being distributed to municipalities and counties to fund a number of local services, from emergency preparedness to road, bridge and infrastructure projects. The Marcellus Shale industry has provided Pennsylvania with numerous familysustaining jobs, economic growth and the potential for energy independence, Sen. Scarnati said. I am pleased that the municipalities and counties where drilling takes place will soon be receiving significant assistance, without placing any increased tax-burden on citizens. Corbett said that counties and municipalities may use these funds on various expenses related to impacts from natural gas development, including: -- Construction, repair and maintenance of roads, bridges and other public infrastructure; -- Water, storm water and sewer system construction and repair; -- Emergency response preparedness, training, equipment, responder recruitment; -- Preservation and reclamation of surface and subsurface water supplies; -- Records management, geographic information systems and information technology; -- Projects which increase the availability of affordable housing to low-income residents; -- Delivery of social services, including domestic relations, drug and alcohol treatment, job training and counseling; -- Offsetting increased judicial system costs, including training; -- Assistance to county conservation districts for inspection, oversight and enforcement of natural gas development; and -- County or municipal planning.

Under Act 13, state agencies with responsibility and oversight of natural gas development will receive $25.5 million in funding, including the Department of Environmental Protection, the Public Utility Commission, the Pennsylvania Emergency Management Agency, the Office of the State Fire Commissioner, and the Fish and Boat Commission. In addition, $72.4 million will be distributed to state and local programs through the Marcellus Legacy Fund--- $14.4 million to Commonwealth Financing Authority; -- $7.2 million to Environmental Stewardship (Growing Greener) Fund; -- $18.1 million for water and sewer projects (PennVEST, H2O Program); -- $10.8 million for greenways, recreation trails, open space, nature areas; -- $18 million to PennDOT for highway/bridge replacement; and -- $3.6 million to DCED for natural gas conversions. In addition, 60 percent of the remaining funds will be allocated directly to counties and local municipalities that host Marcellus Shale natural gas development. All told, 35 counties and 1,485 municipalities will share in $108.7 million. The remaining 40 percent of the revenue or $72.5 million will be distributed to all 67 counties and their municipalities across Pennsylvania, and set aside for competitive grants for projects such as water and sewer, local bridge improvements, local community park and recreation, Growing Greener and other municipal projects. The announcement comes at a time when nearly 240,000 Pennsylvanians are employed directly and indirectly within the oil and gas industry. The $204.2 million in impact fee revenue is also in addition to the over $1.6 billion in corporate, sales and personal income taxes generated by the industry since 2006, including $420 million last year. Additionally, the abundance of low-cost natural gas has driven electric and natural gas prices down nearly 40 percent since 2008, saving Pennsylvania businesses and consumers over $2 billion annually. After importing 75 percent of its natural gas just five years ago, Pennsylvania is now a net exporter of gas for the first time in more than 100 years. We have said we were going to do this right for our citizens, our environment, and local communities. Corbett said. I thank the members of the General Assembly who partnered with my administration in enacting this historic legislation. Todays announcement is a major milestone in this shared goal. Click Here for an overall breakdown of impact fee income. Click Here for a breakdown of fee income by county/local government. Counties Applaud Early Release Of Drilling Impact Fees The County Commissioners Association of PA applauded Mondays announcement by Gov. Corbett that the first-year receipts from the new shale gas impact fee will be released within the next 30 days, well in advance of the statutory December 1 deadline. The Association also expressed its appreciation to the Administration and to the Public Utility Commission, which has administrative responsibility for the fund, for their collaborative approach to implementing the fee and other administrative components contained in Act 13, amendments to the Oil and Gas Act adopted earlier this year. According to CCAP President and Lebanon County Commissioner Jo Ellen Litz, With the financial pressures facing our counties today, and particularly the pressures on our counties whose services are impacted by shale gas development, we truly appreciate the efforts of the Governor and the PUC to make the funds available on an expedited basis.

While counties are appreciative of the economic development that has resulted from the shale gas industry, CCAP has documented local service impacts ranging from bridge infrastructure, emergency management, and record keeping through criminal justice, human services and affordable housing issues. She continued, The early release of the funds is a visible sign of the commitment of the state to help us address these issues. CCAP First Vice President and Berks County Commissioner Christian Leinbach concurred: The early release of these dollars says two positive things: First that the Marcellus Gas industry is already having positive economic impact for our commonwealth and secondly that the strategy employed via Act 13 is providing critical financial support to impacted communities and counties while providing additional aid throughout the Commonwealth. He continued, As counties we appreciate the responsiveness of state agencies to address countys questions and concerns in implementing the act. We welcome the flexibility weve been given to administer funds based on local needs and the commitment of the commonwealth to full public accountability for the distribution and use of these funds. The impact fee is paid by producers of shale gas, based on a sliding scale that takes into account individual well production as well as market prices for the resource. The largest portion of the receipts is allocated directly to impacted county and municipal governments, with additional allocations to conservation districts and housing agencies as well as statewide programs to assist with county and municipal bridge infrastructure, local environmental improvement projects, fleet conversion and others. Marcellus Shale Coalition Statement Marcellus Shale Coalition president Kathryn Klaber issued this statement regarding natural gas impact fee disbursement announcement made by Gov. Tom Corbett and the Public Utility Commission: The safe development of job-creating American natural gas continues to provide significant economic and environmental benefits across our region, and todays announcement further underscores the fact that Marcellus Shale production is positively impacting every square inch of the Commonwealth. These critical resources will help ensure that local governments are equipped to make the most of this historic opportunity. The natural gas industrys work across the Commonwealth is indeed a true partnership with county and local governments. Importantly, these revenues are being directed to each of Pennsylvanias 67 counties regardless of where natural gas operations are taking place. In fact, the city of Philadelphia alone will receive nearly $1.3 million, in addition to the positive economic impacts southeastern Pennsylvania has seen from lower consumer prices to the renewal of the regions idled refineries Our Guiding Principles define our commitment to being responsible neighbors as well as our collective efforts aimed at providing sustainable, broad-based economic and energysecurity benefits for all. Without question, todays announcement demonstrates that our industry is upholding this important promise. Legislative Reaction Today is a great day for Pennsylvanians, and especially a great day for rural Pennsylvania, said Sen. Gene Yaw (R-Bradford). We are talking about tens of millions of dollars that are coming back into our local communities in the Northern Tier, directly benefitting our rural residents.

Sen. Yaws Senate District will receive $42,305,036.23 in impact fee revenue this year, roughly 20 percent of the total $204 million received by the Public Utility Commission who administers the collection and disbursement of the fee. For more information, visit the PUCs Act 13 Impact Fee webpage. NewsClips: PA Details Who Gets Drilling Impact Fee Money PA Communities Share $204 Million In Drilling Fees Local Governments Get Majority Of Impact Fees Big Winners From Gas Drilling Impact Fee How Much Money Each Municipality Receives From Drilling Fee Drilling Payments Cause A Dispute In PA 4 Townships Say Theyre Owed Impact Fee Money Bradford, Susquehanna Receive Large Share Of Impact Fees Midstate Counties To Grab Share Of Drilling Fees Lehigh, Northampton Counties Share In Gas Fee Lancaster County To Get Drilling Money Drilling Fees Add $1M To Armstrong Coffers Drilling Impact Fees Tiny For Some PUC Suspends Drilling Fee Payments To Townships Challenging Act 13 The Public Utility Commissions choice to suspend Marcellus Shale impact fee payments to townships challenging the states drilling law not only amounts to political extortion, but is more importantly a clear violation of the law, according to Rep. Jesse White (D-Allegheny). Cecil, Mt. Pleasant, Robinson and South Fayette townships are noted as communities whose money is withheld pending resolution of the Requests for Review of existing ordinances in documents released by the PUC on Monday outlining a $204 million statewide disbursement of impact fees. "However, Section 3308 of Act 13 states that municipalities would be ineligible to receive impact-fee funds only after the Public Utility Commission, Commonwealth Court or the state Supreme Court issues an order that a local ordinance violates the Municipal Planning Code, said Rep. White. While the PUC has challenged their ordinances, no determination has been made, leading Rep. White to condemn the PUC for improperly withholding the funds and calling on the Corbett Administration and his counterparts in the Senate to urge the PUC to release the money in accordance with the law. I dont know whats worse, the sorry and shameful hijacking and politicizing of the impact fee money, or the PUCs blatant disregard for the law, Rep. White said. To withhold impact fee money intended for critical needs such as road improvements and public safety from these townships at the epicenter of Marcellus Shale drilling activity isnt just cruel, its clearly punitive and illegal. The four townships are locked in a legal battle against the state over blanket zoning provisions in Act 13 that the townships believe override their constitutional right to use local zoning ordinances to regulate natural gas drilling. The impact fees, as designed, are to be used for road and infrastructure improvements, police and fire protection and other measures local governments see fit to mitigate the impact of drilling in their communities. Cecil Township was scheduled to receive $246,098; Mt. Pleasant

to receive $500,000; Robinson to receive $225,737.93; South Fayette to receive $2,731.39. Rep. White said the impact fees should have nothing to do with the Act 13 challenge, which is based solely on the constitutionality of the zoning provisions in the law. Rep. White further noted that not one drilling permit application has ever been denied in any of the townships in question, nor have any of the townships attempted to ban oil and gas operations. This is another of the divide-and-conquer techniques used by the industry, and by extension Gov. Corbett, to split communities and drum up support for their own agenda, Rep. White continued. How can any reasonable person look at this situation and conclude this is anything other than political payback? The PUCs announcement comes just ahead of the oral arguments of the Act 13 challenge scheduled to be heard by the state Supreme Court on Wednesday. Rep. White, in conjunction with the state House of Representatives Democratic Caucus, filed in September with the state Supreme Court a special legal brief, known as an "amicus curiae," to support Commonwealth Courts ruling in July that the elimination of local zoning ordinances for oil and gas operations under Act 13 was unconstitutional. NewsClips: 4 Townships Say Theyre Owed Impact Fee Money Lively Crowd Turns Out For Court Hearing On Drilling Law Supreme Court Hears Arguments Over Drilling Law PA Supreme Court Hears Drilling, Zoning Debate PA Supreme Court Hears Marcellus Shale Case Attorney General Seeks Dismissal Of 2nd Drilling Law Challenge Sen. Scarnati Introduces Marcellus Shale Health Panel Bill Sen. Joe Scarnati (R-Jefferson) this week introduced Senate Bill 1616 establishing a Marcellus Shale Health Advisory Panel. The nine member panel-- chaired by the Secretary of Health with the leaders of the Senate and House each appointing four members-- is given several broad responsibilities--- Consult with persons and entities involved with and affected by the extraction and use of unconventional natural gas reserves; -- Consult with persons and entities conducting research and studies regarding the extraction and use of unconventional natural gas and the potential effects on public health and safety; and -- Investigate and study advancements in science, technology and public health data in order to provide Pennsylvania elected officials, regulators and the general public with information, analysis and recommendations regarding the safe, efficient and environmentally responsible extraction and use of unconventional natural gas. The bill directs the panel to meet at least twice a year and submit an annual report to the Governor and the General Assembly. There has been much discussion regarding the potential effects of Marcellus Shale drilling on public health and safety, said Sen. Scarnati. The creation of an advisory panel composed of experts from a wide range of fields including doctors, scientists, academics and industry leaders will provide Pennsylvania with a critical asset in addressing any current or future impacts arising from the development of Marcellus Shale. The creation of a permanent health advisory panel was a suggestion of the Governors Marcellus Shale Advisory Commission he explained.

In fact, the language used by Sen. Scarnati to describe his proposal advisory panel was very close to the recommendation in the Commission report-In recognition of the tremendous breadth and scope of issues affected by Marcellus Shale natural gas, as well as the significant pace of technology and best management practice advancements occurring within the industry, the Commission strongly encourages Gov. Corbett to consider creating a permanent advisory panel or committee to monitor the impacts of this industry, thoroughly investigate advancements in science, public health data and technology, and provide the Commonwealths elected officials, policymakers, regulators and members of the public with real-time information, analysis and recommendations regarding the safe, efficient and environmentally responsible extraction and use of unconventional natural gas reserves in Pennsylvania. The Commission also recommended the Commonwealth establish a health registry to track the any impacts drilling was having around well sites-- The Department of Health should create, or oversee the creation of, a population-based health registry with the purpose of characterizing and following over time individuals who live in close proximity (i.e. one mile radius) to gas drilling and production sites. Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, proposed supporting the creation of a health registry as part of his drilling fee proposal in Senate Bill 1519. Sen. Scarnati led the effort to establish a responsible drilling fee and additional environmental protection standards during both the Rendell and Corbett Administrations. Gov. Corbett: Have Not Talked About Drilling On State Land In response to questions about a recent personnel change at the Department of Conservation and Natural Resources, which has raised concerns among environmentalists about drilling in stateowned forests and parks, Capitolwire reported Gov. Corbett as saying at a press conference Monday-Can we put that to rest? I dont know where that came from. Were not drilling in the state parks, he said. There was moratorium on state forests, we havent lifted that we havent even talked about lifting that. We havent even talked about drilling in the state parks. We havent talked about any kind of strip mining in the state parks. So all the stories that are out there, itd be nice if people got their facts straight, he said. Former DCNR parks director John Norbeck said recently his resignation from his post was due to philosophical differences between himself and the Corbett administration, according to the Pittsburgh Post-Gazette. Corbett noted that drilling is occurring in the Allegheny National Forest, which is not under state control. A U.S. Circuit Court in Philadelphia ruled in September that the government does not control the mineral rights and owners should be allowed access to the oil and gas below the surface. NewsClips: Corbett Sees No More State Leases For Drilling Letter: DCNR Has No Intention Of Drilling In State Parks DCNR Appoints New Head Of State Parks, Secretary Responds To Controversy

Department of Conservation and Natural Resources Secretary Richard Allan Friday announced he is appointing a 38-year veteran of the state park system to lead the Bureau of State Parks. David L. Kemmerer, who has risen through the management ranks and has served as assistant bureau director for the past eight years, will oversee Pennsylvanias system of 120 state parks and almost 300,000 acres. Dave Kemmerer brings to this position the experience, enthusiasm and energy needed to run a park system as large and complex as ours, Allan said. Dave has a wealth of experience to draw upon in his new role overseeing the bureau, and I have complete confidence that he will improve resource management and visitor satisfaction; and that DCNR staff across the state will embrace his leadership. Kemmerer, 61, of Mountain Top, takes over the reins of a park system that is nationally recognized as one of the best in the nation. I have great loyalty to the bureau that I have served for many years and am truly excited and honored to be a part of an organization that is dedicated to strong public service and wise stewardship, Kemmerer said. Its a great service we provide to people the opportunity to recreate in the outdoors. Kemmerer served for many years as the manager of the bureau's eastern region where he oversaw the operations, management and staff at 35 state parks. He obtained experience managing park facilities as the park manager at Promised Land and Beltzville State Parks and assistant manager at Hickory Run State Park. Kemmerer has a bachelor's degree in parks and recreation with a minor in accounting from Penn State University. Pennsylvania's state park system is nationally recognized for providing a quality visitor experience and excellence in management thanks to its dedicated staff. The 120 state parks are not only beautiful, but provide unique opportunities for outdoor recreation of all types hunting, fishing, swimming, picnicking, kayaking, biking, hiking, wildlife watching - as well as environmental education. They also are economic engines for local communities generating almost a billion dollars in economic activity each year. There is a state park within 25 miles of every Pennsylvanian. Secretary Responds To Controversy Department of Conservation and Natural Resources Secretary Richard Allan Tuesday responded to a recent article and editorial in the Harrisburg Patriot-News about the resignation of John Norbeck as the Bureau of State Parks-As The Patriot-News knows well, good employment policy and practice not to mention decorum dictates that employers do not publicly discuss personnel matters. Not surprisingly, employees who are separated from their jobs may concoct stories as to the circumstances surrounding their separation. That is not entirely unexpected. However, what your readers do not deserve are baseless editorials such as The Patriot-News Preserve our parks: Do recent DCNR ousters spell trouble? which perpetuate and give credence to these false allegations. Employers cannot be held hostage to the self-serving statements of a separated employee. However, an employer is powerless to defend itself publicly lest they subject themselves to employment law infractions and liability. The media knows this all too well, and yet some in the media, desperate for a story, create this catch-22 for the employer. Mr. Norbeck knows why he no longer works for the state, and he knows it has absolutely nothing to do with philosophical differences over mineral extraction.

For the record, we have not and are not considering any drilling on state park land. The moratorium on future leasing remains in effect. Under Gov. Corbetts leadership, DCNR has overseen the drilling activity authorized by Gov. Rendell on state forest lands to ensure that it does not harm the fabric and character of these natural resource treasures. And we are not engaging in, nor will we engage in, commercial timbering and strip mining activities on our state parks. Gov. Corbett has appointed and retained smart, dedicated, and professional employees to oversee the states parks and forests. He recognizes the tremendous significance of the commonwealths natural resources, with a state park and state forest system that rivals that of any other state. The natural gas impact fee signed by Gov. Corbett in February sets aside money for state park and forest infrastructure improvements the first infusion of new money into our park and forest system since 2005. Under the Governors leadership, DCNR will continue to ensure that its stewardship of our public lands meets the high expectations of our citizens. They deserve, and will receive, nothing less. NewsClips: Corbett Sees No More State Leases For Drilling Letter: DCNR Has No Intention Of Drilling In State Parks Did You Know You Can Search 8 Years Of Digests On Any Topic? Did you know you can search 8 years of back issues of the PA Environment Digest on dozens of topics, by county and on any key word you choose. Just click on the search page. Also take advantage of these related services from Crisci Associates-PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from: PAEnviroDigest. PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Environment Digest Video Blog: showcases original and published videos from environmental groups and agencies around the state. Sign up to receive as they are posted updates through your favorite RSS read. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government, including NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog.

PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol Digest Twitter feed to get instant updates on other news from in and around the Pennsylvania State Capitol. Senate/House Agenda/Session Schedule/Bills Introduced Here are the Senate and House Calendars and Committee meetings showing bills of interest as well as a list of new environmental bills introduced-Session Schedule (Updated) Here is the latest voting session schedule for the Senate and House-Senate November 14 (Leadership Elections) 2013 January 1, 22, 23, 28, 29, 30 February 4, 5, 6, 11, 12, 13 March 11, 12, 13, 18, 19, 20 April 8, 9, 10, 15, 16, 17, 29, 30 May 1, 6, 7, 8, 9, 13, 14 June 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, 26, 27, 28 House November 13, 14, CANCELED- 19, 20 Bill Calendars House: No more voting days scheduled for this session. <> Click Here for full House Bill Calendar. Senate: No more voting days scheduled for this session. <> Click Here for full Senate Bill Calendar. Committees House: the House Democratic Policy Committee hearing on state parks environmental issues in Philadelphia. <> Click Here for full House Committee Schedule. Senate: the Urban Affairs and Housing Committee hearing on the impacts of Marcellus Shale development on housing in State College. <> Click Here for full Senate Committee Schedule. Bills Introduced The following bills of interest were introduced this week--

Shale Health Panel: Senate Bill 1616 (Scarnati-R-Jefferson) establishing a Shale Health Advisory Panel.

Bills On Governor's Desk

The following bills were given final approval by the Senate and House and are now on the Governor's desk for action-Farm Composting: Senate Bill 1298 (Smucker-R-Lancaster) providing for composting facilities on Act 319 farmlands. A summary and House Fiscal Note are available. Reclamation Guarantees: House Bill 1813 (Tobash-R-Berks) authorizing a financial guarantee option covering mine reclamation. A summary and Senate Fiscal Note are available. Energy Program Eligibility: House Bill 1991 (Cutler-R-Lancaster) further providing for proof of eligibility for energy conservation programs. A summary and Senate Fiscal Note are available. NewsClip: Senate Reviews Bill To Prevent LIHEAP Fraud Capital Budget: Senate Bill 1480 (Corman-R-Centre) providing for the 2012-13 Capital Budget. A summary and House Fiscal Note are available.

Senate/House Bills Moving

The following bills of interest saw action this week in the House and Senate-House Extending Permits: House Bill 2470 (Evankovich-R-Armstrong) amending the Fiscal Code to extend the deadline for extending permits which would otherwise expire until July 2, 2018 was reported from the House Appropriations Committee and passed by the House. The bill now goes to the Senate for action (except the Senate has adjourned for the session). Stormwater: Senate Bill 1261 (Erickson-R-Delaware) providing for local stormwater management authorities was referred into and out of the House Appropriations Committee and is now on the House Calendar for action (except the House has adjourned voting session for the year). Permit Reviews: House Bill 1659 (Pyle-R-Armstrong) providing for a uniform permit review and consideration process within DEP and is on the House Calendar for action (except the House has adjourned voting session for the year). Gathering Lines: House Bill 1926 (Preston-D-Allegheny) further providing for regulating natural gas gathering lines was Tabled.

Flood Projects: House Bill 1916 (Millard-R-Columbia) itemized flood repair projects was Tabled. Restore Reclamation Funding: House Resolution 899 (Hutchinson-R-Venango) urging Congress to restore federal Abandoned Mine Reclamation Funding. Senate Farm Composting: Senate Bill 1298 (Smucker-R-Lancaster) providing for composting facilities on Act 319 farmlands was concurred in by the Senate and now goes to the Governor for his action. A summary and House Fiscal Note are available. Reclamation Guarantees: House Bill 1813 (Tobash-R-Berks) authorizing a financial guarantee option covering mine reclamation was passed by the Senate and was concurred in by the House. A summary and Senate Fiscal Note are available. The bill now goes to the Governor for his action. Energy Program Eligibility: House Bill 1991 (Cutler-R-Lancaster) further providing for proof of eligibility for energy conservation programs was referred into and out of the Senate Appropriations Committee, passed by the Senate and was concurred in by the House. A summary and Senate Fiscal Note are available. The bill now goes to the Governor for his action. NewsClip: Senate Reviews Bill To Prevent LIHEAP Fraud Drilling Water Reuse: Senate Bill 1346 (Kasunic-D-Somerset) providing for the reuse of mine drainage for drilling water was passed by the Senate and now goes to the House for action (except the Senate has adjourned voting session for the year). A summary and Senate Fiscal Note are available. Emissions Inspection: Senate Bill 1532 (Vogel-R-Beaver) providing more exemptions from vehicle emission inspection program was passed by the Senate and now goes to the House for action (except the Senate has adjourned voting session for the year). A summary and Senate Fiscal Note are available. NewsClip: Bill Would End Inspections For New Vehicles Lyme Disease: House Bill 272 (Hess-R-Bedford) establishing a task force on Lyme disease and related maladies was amended and reported out of the Senate Banking and Insurance Committee and referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action ((except the Senate has adjourned voting session for the year). Permitting Portal: House Bill 2022 (Peifer-R-Monroe) establishing a business permitting portal was reported out of the Senate Appropriations Committee and is now on the Senate Calendar for action (except the Senate has adjourned voting session for the year).

News From The Capitol

Bill To Exempt Certain Vehicles From Emissions Inspections Passes Senate

Senate Bill 1532 (Vogel-R-Beaver) which would exempt vehicles never registered in the state or any other jurisdiction for ten years from the date of registration and hybrid and natural gas fueled vehicles from the vehicle emissions inspection program passed the Senate this week. "This bill is a commonsense, bipartisan piece of legislation," Sen. Elder Vogel said. "We need to help drivers avoid this costly and inherently unfair emissions testing program, while also making sure our air remains clean." The statewide emissions failure rate is less than 2.5 percent of all vehicles with the newest vehicles failing at a rate of one quarter of one percent. Despite the very low failure rate, the emissions testing program costs more than $250 million a year for consumers, according to Drive Clean PA and millions of tax dollars to administer by the Commonwealth. Newer state and federal laws have done much to address vehicle emissions, including requirements that cars sold in Pennsylvania have to meet more stringent California emission standards. The Federal Government requires certain areas in Pennsylvania to test emissions, but gives the states some latitude in its implementation. All of the states required to check emissions from vehicles provide for many exemptions from their testing, while Pennsylvania only exempts light passenger diesel vehicles. Senate Bill 1532 would also add exemptions for electric, hybrid electric or compressed natural gas vehicles from the requirements of Pennsylvania's emissions testing program. "The Federal Government needs to give serious consideration to ending these testing requirements. There is no better example of how absurd this has become than Ellwood City Borough in my district. The Borough is located in both Beaver and Lawrence counties and some residents on one side of Division Street are required to get tested while the residents on the other side are not," Sen. Vogel added. "The goal of this legislation is to make this program more consumer-friendly. It's clear that cleaner vehicles are helping the air and environment we live in, but a costly annual emission test program is not." NewsClip: Bill Would End Inspections For New Vehicles Senate Approves Bill Aimed At Reuse Of Mine Water The Senate has unanimously approved Senate Bill 1346 (Kasunic-D-Somerset) would encourage the use of mine water for Marcellus shale well development. The Commonwealth must begin to take an innovative approach to the treatment and use of acid mine water, said Richard Kasunic. Senate Bill 1346 affords this incentive for private investment, by providing essential liability protections for the development of treatment systems for acid mine water utilized for oil and gas well development. Sen. Kasunic said acid mine drainage is Pennsylvanias single greatest source of water pollution, responsible for approximately 2,500 miles of degraded waterways. He said these waterways are acidic and laden with dissolved metals that make them uninhabitable for fish and other aquatic life and unsuitable for human consumption. Citing the prohibitive costs of treating and cleaning up acid mine water, Sen. Kasunic said it is imperative that policy makers seek additional uses for this tainted water while keeping it out of waterways.

He added that the states oil and gas industry, which uses millions of gallons of water for hydraulic fracturing, offers a new and innovative way to use treated mine water while keeping it from flowing into important waterways. This measure is aimed at encouraging the use of mine water in drilling rather than the continued heavy use of municipal and fresh water sources, Sen. Kasunic said. The Dunbar lawmaker added that the provisions in Senate Bill 1346 were policy recommendations acknowledged in a 2011 report issued by the Governors Marcellus Shale Advisory Commission. Rep. Cutler: Separating Fact From Fiction On Parkland Transfer Legislation Rep. Bryan Cutler (R-Lancaster), prime sponsor of House Bill 2224 which would change the procedures for the sale of local parkland issued this statement on the legislation. (The legislation died in the Senate after the General Assembly adjourned for the year.) Rep. Cutler said-Please allow me to set the record straight on my land transfer legislation. My purpose for authoring House Bill 2224 was to allow municipalities the opportunity to sell properties that are not deed restricted or otherwise dedicated for public use. Due to a recent Pennsylvania Supreme Court decision in re: Erie Golf Course, the court expressed its need for clarification regarding the legislative intent of this decades-old law. House Bill 2224 was written to clarify the terms surrounding the dedication and deed restrictions found in the act. Unfortunately, some individuals and groups are saying this legislation would allow for the secret sale of any park in the Commonwealth. This simply is not true. Most parks are appropriately protected and will not be impacted by this change. If a park has been properly deed restricted or dedicated for public use, it will continue to be protected. In such cases, a municipality will still need court approval prior to selling this land. Other individuals have misapplied the framework of this bill, saying it applies to agricultural or conservation easements, Project 70 Land Restrictions, and condemned land. Again, this is not true. Specific statutes will continue to dictate how these types of lands are handled. My bill would only impact land purchased by a municipality that is not deed restricted or dedicated for public use. The number of properties impacted would likely be very small. Additionally, selling public land would still be an entirely public process. Prior to selling the land, the municipality would be required to follow the applicable municipal code, including advertising and bidding. I recognize the concerns about the possibility of a park that was never properly dedicated or deed restricted, but I also believe this will be a small minority of cases. In an effort to avoid this scenario, one of the changes we are considering is to allow a window of time where titles could be reviewed and, if necessary, updated to reflect the original purpose of the conveyance. We will continue looking for possible changes to work toward a resolution in which municipalities can more easily sell non-deed-restricted assets, while also protecting the significant investment of our citizens into various land programs. If this legislation is not adopted into law, the only real winners will be the municipal lawyers, who stand to reap the benefits at the taxpayers expense. Reaction

The PA Land Trust Association, the Growing Greener Coalition and the PA Recreation & Parks Society Friday thanked the state Senate for halting House Bill 2224 otherwise known as the parks-for-cash bill. The Senate should be applauded for recognizing the serious unintended threats that the bill presented to our local parks and open spaces, said Andrew M. Loza, executive director of the Pennsylvania Land Trust Association. Looking ahead, the Pennsylvania Land Trust Association and other park supporters would be happy to sit down with our lawmakers to craft legislation that would improve the process for disposing of lands lacking a public purpose without threatening parks. The Pennsylvania Recreation & Parks Society thanks the Senate for putting the brakes on the parks-for-cash bill, said Karen Burke-Crawford, executive director of the Pennsylvania Recreation & Parks Society. We appreciate that our Senators recognized the concerns of the public and decided that there needs to be a more careful approach to the legislation. The Pennsylvania Growing Greener Coalition is pleased that the Senate took a step back to listen to and understand the serious questions raised by the conservation and recreation community, said Heath. We look forward to working with our legislators to come up with a new plan that meets the needs of our counties and municipalities, while also protecting our parks, trails and other open spaces that our communities cherish. House Committee Holds Hearing On Protection Of Bats The House Game and Fisheries Committee held a hearing Monday on expanding the protection of certain species of bats. Carl Roe, Executive Director of the Game Commission, told the Committee his agency would not be moving forward to draft regulatory changes to place three species of bats on the Commonwealths endangered species list. While some comments supported listing bats, Roe said more discussion, research and coordination need to be done before the agency takes such action. The Game Commission has sought to be more transparent and open about ideas that may be presented to our independent Board of Game Commissioners for consideration, Roe said. To that end, we recently solicited public comment through an announcement in the Pennsylvania Bulletin that we were considering actions to protect three species of bats being impacted by white-nose syndrome (WNS). We accepted and tabulated public comments far beyond the 30-day window and, based on that public comment, have decided that we will not be drafting any proposals to put before the Board to change the status of three bat species. More discussion, research and coordination needs to be done, and we now have many questions that we can add to those we had developed internally as we seek to manage the states wildlife resources. Through this process, we heard from various wildlife organizations and representatives from the timber, oil, coal and gas industries, as well as legislators. At the present time, it is clear that more discussion, research and coordination need to be done on WNS and the other outside factors that are impacting our bat populations, as well as how we can craft solutions that protect bats without threatening the industries that employ thousands of Pennsylvanians. As the Commonwealth agency charged with protecting and conserving wild birds and mammals, we have an obligation to all Pennsylvanians to manage both game and nongame species, Roe said. While we rely on sound science to guide our actions, we also consider

public input and the resulting impacts of our actions. We look forward to working with concerned parties on both sides of the issue. A copy of Roes testimony is available online. Rep. John Evans (R-Erie) serves as Majority Chair of the Committee and Rep. Edward Staback (D-Luzerne) serves as Minority Chair. October Environmental Synopsis Newsletter Now Available The October issue of the Environmental Synopsis newsletter is now available from the Joint Legislative Air and Water Pollution Control and Conservation Committee. The Synopsis includes articles on coal ash, renewable energy procurement, electric cars, pharmaceutical waste disposal, wildfires and more. Rep. Scott Hutchinson (R-Venango) is Chair of the Committee.

News From Around The State

Annual Ohio River Watershed Celebration: 11 Years And Still Counting On Fun It was bound to happen one of these years! After 10 riverboat cruises, this one finally had something no previous event ever didrain! But the damp weather didnt dampen the spirits of the hundreds of enthusiastic participants at the Ohio River Watershed Celebration on September 27th! This year's theme, "Our Rivers - Get to the Point, focused on how the three rivers that course through the Pittsburgh region have shaped the people and events that have influenced this country. The way significant milestones in our history can be traced back as the rivers changed from free flowing and wild to navigable industrial corridors was interestingly explored and discussed. Participants also learned how these once primarily utilitarian resources are being transformed into the life-blood of a new and more diverse and sustainable watershed. With over 60 poster displays and attendees with a variety of backgrounds, the ORWC brought branches of commerce and industry, history and tourism, and recreation together for networking, education, and fun! Pre-cruise festivities in the morning gave participants the opportunity to see a working model of a lock and dam courtesy of the U.S. Army Corps of Engineers and well as have their photo taken with Wattley, courtesy of Duquesne Light! Its not every day one can see a propane bread truck, propane bi-fuel car, bi-fuel pick-up, Electric Mitsubishi Mie, and a propane school bus! Special thanks to the pre-cruise speakers, who included John Arway, Executive Director of the Fish & Boat Commission, and DEP Secretary Michael Krancer and a visit from Allegheny County Executive Rich Fitzgerald. Imagination Cruise On board the Empress, 258 students, parents, and teachers became habitat heroes, fly fishermen, bat biologists, monarch taggers and fighters of alien invasions, among other things.

Thanks to the participating conservation and recreation organizations who facilitated activities aboard the boat, everyone participating on the Imagination Cruise learned how to take conservation personally in their watershed. The Carnegie Science Center kicked off the Imagination Cruise with a new assembly called Take a Hike: Backyard Biodiversity. Students got an inside look at Rachel Carsons field notebook, and travelled along with her and other scientists to learn about everything from using wetlands to clean water to the benefits of using biodegradable materials instead of Styrofoam. Following the assembly, participants took to the three decks of the boat to participate in activities with the conservation and recreation groups on board. While having fun at each station, students also filled out Learners Logs (for 4th 12th graders) and First Mates Fun Pages (for Pre K 3rd grade). These tools were specially designed to promote interaction with the organizations, to get the students thinking about conservation, and to provide a document of their journey. The stations were full of educational and entertaining activities, including identifying macroinvertebrates to determine stream health, tracking falcons, tagging monarch butterflies, building models of bats, casting a fly rod, and measuring big trees. The Pittsburgh Zoo and PPG Aquarium and the National Aviary also brought live animals for the students to observe. Watershed Networking Meanwhile, aboard the Majestic, participants 18 and over were treated to a spectacular guided narration during the sightseeing tour along portions of the Ohio, Allegheny, and Monongahela Rivers, compliments of Maggie Hall (DEP); Geoffrey Goldberg (Author, Bridges: A Postcard History); Dave Plank (DEP, retired); and Joe Dinkel (Municipal Authority of West View). Special presentations made during the cruise included Sarah Powell, Education & Advocacy Coordinator for the Nine Mile Run Watershed, who spoke on Using Green Infrastructure for Stormwater Management and Jack Felbinger, Hydrologist with the Office of Surface Mining, whose talk was entitled Coal Mining History in Western PA, as well as the Pro-Angler (FLW) who represented the Marcellus Shale Coalition Three Rivers Challenge. Watershed Awards were presented by R. John Dawes of The Foundation for PA Watersheds to recognize the positive efforts and impacts of small local groups addressing watershed issues (which often operate on the proverbial shoe-string budget). 4 groups won $500 awards and 4 groups won $250 awards in a fun poster contest: 1st place winnersIndependence Conservancy, Paddle Without Pollution, Allegheny Clean Ways, Kiski-Conemaugh Stream Team and 2nd Place WinnersEvergreen Conservancy, Roaring Run Watershed Association, Shade Creek Watershed Association, Crooked Creek Environmental Learning Center. Another highlight of the ORWC was the presentation of the 2012 Environmental Awards. Congratulations to the following winners: Energy Conservation: Mr. Rick Price, Executive Director of Pittsburgh Region Clean Cities; Government Service: Jack Rokavek, Pennsylvania Fish and Boat Commission; Individual: Doniele Russell; and Recreation: Dr. Vincent Troia (Ohio River Trail Council). Click Here for more on the individuals and groups recognized during the cruise. We cant wait to see you all back again for next years 12th Annual ORWC!! Stroud Water Research Center Honors Dr. John Brisco For Fresh Water Stewardship

The Stroud Water Research Center presented John Briscoe, Ph.D., with the Stroud Award for Freshwater Excellence at The Water's Edge, the Centers annual gala at Longwood Gardens in the suburbs of Philadelphia on October 18. This prestigious award, also known as the SAFE Water Award, is awarded for outstanding achievement to those who contribute broadly to the conservation and protection of fresh water. A unique glass vase designed by Simon Pearce accompanies the award. John Briscoe, Ph.D., the Gordon McKay Professor of the Practice of Environmental Engineering and Professor of the Practice of Environmental Health at Harvard University, directs the Harvard Water Security Initiative. His career has focused on the issues of water, other natural resources, and economic development. He has worked as an engineer in the government water agencies of South Africa and Mozambique, an epidemiologist at the Cholera Research Center in Bangladesh, and a professor of water resources at the University of North Carolina. In his 20-year career at the World Bank, he held high-level technical and managerial positions, shaping its governance and strategy. Briscoe was a founding member of the major global water partnerships, including the World Water Council, the Global Water Partnership,and the World Commission on Dams. He has served on the Water Science and Technology Board of the National Academy of Sciences and the Global Agenda Council of the World Economic Forum and he currently serves as a member of the Council of Distinguished Water Professionals of the International Water Association. To learn more and for photos, visit the Stroud Award for Freshwater Excellence webpage. Spotlight- CBF: Community Success For Clean Water By Matt Ehrhart, PA Director, Chesapeake Bay Foundation As Pennsylvania and the other five Bay states continue planning better ways to manage the increasing stresses on our waterways, and to meet clean water goals, I would like to highlight a handful of communities that are taking proactive, collaborative steps to improve local water quality and community health. These leaders recognize that clean water is not just a federal requirement, but that it makes good economic sense and promotes more vibrant, livable communities. Lancaster City is rightfully receiving public applause for its green infrastructure plan, and for its partnership with LIVEGreen, an initiative of the Lancaster County Conservancy, which is assisting with the implementation of the plan. Lancaster County's "Blueprints," a county-wide Integrated Water Resources Plan, was just approved by county commissioners. An element of the County Comprehensive Plan, the "Blueprints" plan promotes watershed-based, integrated water resources planning and management to protect, conserve, and improve water resources in Lancaster County. CBF's Pennsylvania Grassroots Organizer Kate Austin works with LIVEGreen staff to promote clean water projects and engage local communities in alternatives to expensive, traditional stormwater projects. As part of their Community and Streetscape Revitalization Plan, the Borough of Lemoyne (across the river from Harrisburg) chose "greener" curbside rain gardens as

an alternative to traditional stormwater infrastructure like grates and pipes. The gardens were designed to transport stormwater, filter out pollutants and debris before reaching the Susquehanna River, and to add aesthetic value to the community. Shirley Stark, a master gardener and a CBF volunteer, was on the planning committee for the project. You can read more about Shirley in this month's "Watershed Hero" segment on the CBF Blog. York County just celebrated the 10th year of its "Watershed Weekend," which began as a weekend celebration to increase community awareness of watershed issues. The event, coordinated by the Watershed Alliance of York County, has grown into a variety of communitysponsored events that span over four weekends. The Watershed Alliance has also taken the lead in forming a county-wide taskforce to "ensure the quality and abundance of freshwater for York County, the Susquehanna River, and the Chesapeake Bay." The workgroup, "Clean Water for York County" is working toward a county plan to restore land and water resources. And to our north, the Lycoming County Conservation District's motto could be: "Think creatively, think regionally, and plan for the future." In 2008, the county began an integrated, county-based nutrient management strategy for reducing pollution. Its commitment to clean water and healthy communities is making an impact. A few of the successes of its management strategy: removed more than 20,000 pounds of nitrogen and phosphorus delivered annually to the Bay through the implementation of agricultural Best Management Practices (BMPs); developed a monitoring project to assess local water quality improvements achieved through those BMPs; netted more than $150,000 in income for Lycoming County farmers through nutrient credit trading through PennVEST; engaged local farmers in no-till by offering no-till equipment rentals; restored floodplains and created wetland wildlife habitats, and many other innovative projects that attest to their commitment to clean water. Stay tuned to the CBF blog to read more about Lycoming County and its plans for clean water. These communities understand the importance of proactive, collaborative approaches to achieving our local and regional water quality goals. Clean water is good for us, for our economy, our overall health, for the environment, and for our children's futures. CBF applauds the work of these communities, and many others, who are committed to achieving clean, healthy, fishable, swimmable waters in Pennsylvania, and we encourage all communities to do the same. (Reprinted from the Fall issue of Bay Bound from the Chesapeake Bay Foundation.) Annual Lancaster/Lebanon County Watershed Forum October 27 The 10th Annual Lancaster/Lebanon County Watershed Forum will be held on October 27 from 9:00 a.m. to noon at the Acorn Farms Reception and Conference Center in Mount Joy, Lancaster County. Join countless local volunteers as they gather for one of the premier events of the fall chalk full with great educational materials and information. A lot of information is put into this three-hour event and everyone takes something home. Click Here to download the Forum brochure.

(Reprinted from the Fall issue of Bay Bound from the Chesapeake Bay Foundation.) PEC Questions Plan To Reduce Combined Sewer Overflows In Pittsburgh Region On Friday, the Pennsylvania Environmental Council submitted formal comments to the Allegheny County Sanitary Authority raising fundamental questions about its plan to reduce combined sewer overflows in the Pittsburgh Region and the federal consent decree it is based on. While commending ALCOSAN for its thorough response to the specific requirements of the federal consent decree, PEC said, this plan is constrained by the parameters of the federal consent decree, the sequencing of the municipal consent orders and required feasibility studies, the composition of local governments in this region and the pending regionalization evaluation. PEC highlighted what it called structural deficiencies with the consent decree and the plan developed by ALCOSAN--- The gray infrastructure solution proposed by ALCOSAN does nothing to address the root cause of the CSO/stormwater problem in the region; -- The process imposed by the federal consent decree is inconsistent with the process driving the municipal feasibility studies reducing the potential of green infrastructure and other source reduction measures to reduce excess flows; -- The fee for service model used by ALCOSAN charges customers for the amount of water they use not the amount of water they put into the system for treatment doing nothing to incentivize source reduction; and -- Green infrastructure and other source reduction measures are not address at all in the ALCOSAN plan. A copy of PECs comments are available online. NewsClip: ALCOSAN Asked To Adopt Green Plan To Cut Sewage Spills Drinking Water Protection Workshop Set for Nov. 14 In Jefferson County The League of Women Voters Water Resources Education Network will hold a Drinking Water Protection Workshop at the Brockway Volunteer Hose Company, 751 Taylor Way, Brockway, Jefferson County, on November 14 from 8:30 a.m. to 3:00 p.m. This free event will provide valuable information to local or county officials, planners, conservation groups, land conservancies, forestry folks, residents, water systems, and anyone interested in protecting drinking water from a variety of risks. The workshop is sponsored by the Department of Environmental Protection, League of Women Voters of PA Water Resources Education Network, Penn State Cooperative Extension, Pennsylvania Municipal Planning and Education Institute, and Brockway Borough Municipal Authority. Click Here to download a flyer with all the details. Click Here for more information on source water protection. PennVEST, DEP Announce Final 2012 Nutrient Credit Trading Auction

The PA Infrastructure Investment Authority and the Department of Environmental Protection announced Tuesday they will host a November 7 auction for the sale and purchase of nutrient credits in the Susquehanna and Potomac watersheds. The auction will be a spot auction, where verified credits will be sold at auction, delivered and applied to the 2012 compliance year. The auction will afford wastewater treatment plants in the two watersheds the opportunity to purchase credits as a means of meeting their nitrogen and phosphorus discharge limits for the compliance year. PennVEST hosts the auctions to encourage and facilitate the trading of nutrient credits in the Susquehanna and Potomac watersheds. DEPs nutrient credit trading program provides a cost-effective means for facilities that are subject to nitrogen and phosphorus limits to meet those limits by working with other facilities, non-point sources or both. PennVEST has chosen Markit Inc. to provide the platform for enrollment and eligibility, auctions and registry services. Markit, a financial information services company, provides operations and infrastructure services to environmental programs worldwide. PennVEST anticipates charging buyers and sellers 2.5 cents per credit to offset administrative costs. For more information, visit PennVESTs Nutrient Credit Trading webpage. Big Spring Creek Habitat Project Meeting Oct. 30 In Cumberland County The Fish and Boat Commission is inviting anglers and the general public to an informational meeting on October 30, at Big Spring High School in Cumberland County to learn more about the agencys habitat and fisheries management plan for Big Spring Creek. The meeting will begin at 6 p.m. and end at 7:30 p.m. The meeting is free and plenty of parking is available at the school, located at 45 Mount Rock Road, Newville, PA 17241. The purpose of the meeting is to present the agencys habitat management plan for Big Spring Creek using funds provided by the PA Turnpike Commission as mitigation for environmental impacts associated with one of their planned construction projects in Cumberland County, said Charlie McGarrell, the PFBC biologist leading the project. We will describe the overall habitat project and will discuss how it will improve the overall fishery of the creek. After the presentation, the public will have the opportunity to ask questions. The Turnpike Commission has provided $586,000 for the habitat project, which will be located downstream of a large habitat project completed in 2010 on the creek. The project is currently in the design phase. Construction of the project is expected to begin by next summer and be completed by fall 2013. CBF Community Action Training Oct. 27 In Harrisburg The Chesapeake Bay Foundation will host a Community Action Training Workshop on October 27 from 11:00 a.m. to 3:00 p.m. at the Wildwood Park in Harrisburg. Join CBF staff to learn more about key issues facing Pennsylvania waters and tools that you can use to promote clean water to state and local representatives, to your community, and in your backyard. Topics to be covered include: What's your role in clean water implementation; How to lobby decision makers; How do you use the media to spread the word; What are riparian buffers, and why are they important; Project Spotlight: Lemoyne Rain Gardens (with fellow Speaker

Bureau volunteer Shirley Stark). Online registration is available or contact Andrew Bliss, CBF-PA Grassroots Coordinator, with any questions by sending email to: abliss@cbf.org or call 717-234-5550. 2013 PA Groundwater Symposium Call For Abstracts In celebration of National Drinking Water Week, Penn State Extension and the Pennsylvania Department of Environmental Protection along with numerous other sponsors invite you to submit abstracts for the 2013 Pennsylvania Groundwater Symposium at Penn State University in University Park, PA. The daylong symposium will begin at 9:00 a.m. on May 8 with several keynote speakers focusing on emerging groundwater issues in the Commonwealth. The Symposium theme: Emerging Issues in a Changing Landscape will provide a forum for researchers, students, professionals and educators working in the groundwater field to exchange information and promote protection of groundwater resources throughout the state. The remainder of the day will feature a poster session, buffet lunch and numerous presentations covering a wide range of groundwater resources topics relevant to Pennsylvania including groundwater processes, wellhead protection, water well studies, emerging contaminants, data availability, groundwater monitoring, aquifer studies, groundwater/surface water interactions, issues related to energy extraction, and education/outreach Thanks to generous support from sponsors, we currently expect a nominal registration fee of approximately $25 for this symposium. Online registration will open in February 2013. Abstracts for presentations and posters will be accepted online through December 3. Questions about the Pennsylvania Water Symposium can be directed to Bryan Swistock by sending email to: brs@psu.edu. (Reprinted from Penn State Extensions Watershed Winds online newsletter.) Delaware Estuary Science & Environmental Summit January 27-30 The Delaware Estuary Science & Environmental Summit will be held from January 27-30 in Cape May, NJ. This years theme is Weathering Change-Shifting Environments, Shifting Policies, Shifting Needs. The summit will feature over 115 presentations on the latest science, education, and policy topics. Join fellow scientists, educators, and others for stimulating presentations on issues that matter to the Delaware River and Bay. Early registration discounts through December 6. For more information, visit the Delaware Estuary Summit webpage. Schuylkill Action Network Photo Contest Contest Entries Due Photographers have just two weeks to enter the Schuylkill Shots Competition, the theme of which is Pennsylvanias Schuylkill River. The Schuylkill Action Networks call for entries ends October 30; top prize: a $300 gift card. People of any age and skill level can submit up to nine photographs, or three per category. These include Wild & Scenic, Fun on the Schuylkill, and Tip Top Tap.

Autumn leaves make this the perfect time to capture a prize-winning photograph, said Tom Davidock, Schuylkill Action Network coordinator at the Partnership for the Delaware Estuary. The Tip Top Tap category, in particular, allows for a lot of creativity. Its the one showing tap waters many uses, including cooking, drinking, swimming and so on. Participants in the Schuylkill Shots Competition can submit and share their entries online. Visitors do not have to enter the contest to view or comment on its 60 or more photos. All they have to do is like the organizations page. A panel of SAN members will select 10 finalists per category by November 15. The public will then have one month to vote for their favorites. Those with the most votes will receive a $300 gift card provided by one of three sponsors. These include the Philadelphia Water Department, Calumet Photo, and REI. Other prizes include $100 gift cards for second place and $50 gift cards for honorable mention. Photographs from the Schuylkill Shots Competition will be used in a travelling exhibit. This will debut next year to celebrate the SANs 10th anniversary. For more information, visit the Schuylkill Shots Competition webpage. PRC Rain Barrel Workshop Set For October 30 In Mt. Lebanon The PA Resources Council is sponsoring a Rain Barrel Workshop from 7 to 8:30 p.m. on October 30 at the Mt. Lebanon Public Library near Pittsburgh. Learn how to harvest rainwater from your roof and divert it for on-site usage in the landscape. By catching, storing and re-directing your roof water for on-site usage you can take advantage of this free source of precious water while at the same time contributing to a reduction in combined sewer overflows (CSO) that plagues the Greater Pittsburgh area, helping to reduce flooding and nonpoint source pollution, and contributing to recharging our groundwater supply. Youll also have a free source of non-chlorinated water for use in your yard and garden. Attend the workshop and return home equipped with the knowledge and hardware needed to assemble and install a rain barrel. Cost of the workshop is $50 person/ $55 couple. For more information and online registration Click Here or contact Nancy Martin at 412488-7490 ext. 247. EPA Fines Atlas Resources $84,506 For Washington County Well Fire The U.S. Environmental Protection Agency announced Thursday Atlas Resources LLC will pay an $84,506 penalty to settle alleged air and hazardous chemical violations at its natural gas production facility in Avella, Washington County, Pa. EPA cited the company for violating the Emergency Planning and Community Rightto-Know Act, a federal law designed to inform the public and emergency responders about hazardous and toxic chemicals in their communities. EPCRA requires facilities to submit annual reports on regulated chemicals, and routine and accidental chemical releases. The law also requires facilities to report on their hazardous chemicals to state and local emergency response agencies. This information helps communities and first responders to prepare for chemical emergencies.

Atlas was also cited for violating Clean Air Act provisions which require regulated facilities to take steps to reduce the risk of accidental releases of hazardous substances, and minimize the consequences of any accidental releases that do occur. EPA alleged that Atlas failed to provide state and local emergency responders required information on hazardous chemicals stored at the companys Avella production facility during 2008 and 2009. The agency also alleged that Atlas did not comply with proper storage and handling of natural gas condensate at the site. EPAs investigation at various Atlas production wells in Washington County also indicated the presence of vapor releases from condensate tanks. As a part of the settlement, Atlas did not admit or deny EPAs allegations. Currently, Atlas has discontinued operation of its natural gas extraction wells in Washington County until the company completes audits at eight of their production facilities located there. These audits are being done to ensure compliance with safeguards preventing accidental air releases and confirming that operations are environmentally sound. The Atlas facilities in Washington County to be audited are located in Hopewell Township and Cross Creek Township. The company will conduct the audits based on EPAs recently adopted New Source Performance Standards and National Emission Standards for hazardous air pollutants in the oil and gas sector. Compliance with these industry and federal standards will help improve local air quality and protect public health. For more information, visit EPAs Oil and Gas Industry Air Quality webpage. NewsClip: EPA Fines Atlas $84,500 For Well Fire Marcellus Shale Coalition Issues Guidelines On Stray Gas Incidents Tuesday, the Marcellus Shale Coalition published its Recommended Practices for Responding to Stray Gas Incidents, the fourth in a series of such guidance documents. Stray gas -- which can originate from various sources, including coal beds, oil and natural gas wells, landfills, pipelines, naturally occurring methane and microbial gas -- is the migration of gas from one of these sources into groundwater, a structure, surface water and soil. According to the Coalition, there is a long, well-document history of stray gas incidents occurring in rural communities across the country, including many areas throughout Appalachia. "Over the past several years, our industry has frequently identified the presence of stray gas during pre-drill baseline water surveys," said MSC president Kathryn Klaber. "This document provides detailed steps that operators can take when stray gas is encountered from developing proper plans of action, to notification of regulators as well as initial response actions and performing site reconnaissance surveys. Each of these key steps helps ensure that public safety and environmental concerns are mitigated and resolved in a responsible and timely manner." Stray gas can be influenced by a number of factors, including changes in barometric pressure, soil and bedrock permeability, temperature contrasts and other weather related conditions, such as rain or snow among others. When responding to a stray gas incident, maintaining lines of communication with state regulators, local officials, first responders and homeowners is crucial. Depending on the identified levels and location of the methane, oil and natural gas producers can take a number of steps based upon initial response and assessment. Should stray gas be detected in a structure, ventilation and methane-specific alarms may be installed as a precautionary measure.

Similarly, vents may also be installed if methane is detected in water wells at heightened levels. When dissolved methane is detected in a water source servicing a structure, operators should consider providing an alternate water source until additional testing is completed to determine the source of the stray gas. "Our organization, as laid out in our Guiding Principles, is committed to operational transparency and environmental protection," continued Klaber. "This product will further assist operators in addressing cases of stray gas when encountered. Core to this document is the importance of safety of our employees, contractors and the general public." A copy of the stray gas recommendations is available online. For more information, visit the Coalitions Recommended Practices webpage. NewsClips: Drilling Industry Issues Guidance On Methane Migration Marcellus Coalition Releases Powering American Renaissance Video WITF StateImpact: 200,000 Abandoned Conventional Oil & Gas Wells In PA Over the last week, Scott Detrow of WITFs StateImpact project has done a series of articles and radio reports on Pennsylvanias estimated 200,000 abandoned conventional oil and gas wells and the problems they cause, particular for the new unconventional Marcellus Shale deep wells. Follow these links to the reports-Links To Series: Hunting Down PAs Abandoned Oil & Gas Wells Abandoned Well May Have Caused Sullivan County Leak Drilling Near Abandoned Well Produced Methane Geyser How Abandoned Wells Contribute To Methane Migration Perilous Pathways: Hunting For Hidden Wells Staggering Number Of Abandoned Oil & Gas Wells In PA Abandoned Wells Dont Factor Into Drilling Permit Process Bradford Grew Up Around Oil Wells Implications Of Shale Gas Development Presentation Nov. 7 In Wilkes-Barre The Wilkes University Institute for Energy and Environmental Research of Northeastern PA will host a presentation by Dr. Simona Perry on the Community and Environmental Health Implications of Shale Gas Development on November 7 at 7:30 p.m. at the Stark Learning Center in Wilkes-Barre. Dr. Perry will share some of the observations and analyses from on-going ethnographic fieldwork in Marcellus shale gas communities of the Endless Mountains in Pennsylvania from 2009-2012. The ethnographer's toolbox has within it a variety of methods for describing and analyzing the everyday lives of human beings that can be used to provide public health practitioners, environmental scientists, and policy makers with information on some of the harder to monitor psychological, socio-cultural, and environmental factors that may lead to chronic stress and conflicts in individuals and communities. Dr. Perry will also talk about studies going on in other shale communities in Pennsylvania, New York, Texas, Colorado, Alberta and Quebec. Click Here to download a flyer on the event.

PA Market Recycling Center Honors eForce Compliance For E-Cycling Efforts The PA Recycling Markets Center, Inc. has awarded metro-Philadelphia-based eForce Compliance with the inaugural William M. Heenan Markets Development Award for its innovation and commitment to developing new market opportunities for recycled-content materials in Pennsylvania. eForce Compliance is an innovative recycling company with 20 employees and a mission to provide commercial and residential markets with a wide variety of recycling options for difficult to recycle items such as electronics, batteries, fluorescent bulbs, furniture, and office equipment. The company is only one of two electronic recyclers in the Commonwealth certified to the R2, e-Stewards and ISO 14001 standards. This leading and inventive recycling company received the William M. Heenan Markets Development Award specifically for its focus on providing convenient and timely ways for businesses and consumersprimarily in Philadelphia, Montgomery, Chester, Delaware, Lehigh, and Bucks countiesto recycle electronic items such as computers, televisions, and cell phones. We offer electronic recycling solutions for anything with a plug, said Charles Nygard, managing director of eForce Compliance. Whether youre a business owner looking for on-site data destruction and pick-up of electronic waste like computers, or a county official looking for a company to host a free, electronic waste collection event in your community, eForce Compliance will develop a customized program that meets your recycling needs. After eForce Compliance collects electronic waste items via collection events or direct pick-up, the company performs an in-depth grading of each item to determine if it can be resold to vendors on the general consumer market or if the item needs to be de-manufactured into parts that can be individually resold to various recyclers. Were focused on supporting the Philadelphia region, said Nygard. Most of our remarketing or re-selling is done right here with recyclers and vendors in the Philadelphia regionallowing us to support the local economy and sustain jobs in our community. The panel of judges for this years William M. Heenan Markets Development Award was especially impressed with two of eForces most recent electronic waste initiativesa onemillion-pound challenge to collect electronic waste from commercial properties in the metro Philadelphia area and the development of residential electronic waste collection programs in Philadelphia, Montgomery, Chester and Delaware counties. eForce Compliances steadfast leadership in the recycling industry has allowed many disadvantaged communities in the Philadelphia area to have access to free electronic recycling programs, said Robert Bylone, president of RMC. From these countless programs and collection events, eForce Compliance will collect 3.4 million pounds of electronic waste this year alone. This type of dedication and innovation is what makes eForce Compliance such a strong leader in Pennsylvanias recycling industry. eForces commitment to sustainability also helped grab the interest of this years judging panel. The company has a zero landfill policy and practices a holistic approach when trying to reduce its impact on the environment. eForce was even the first electronic recycler in the MidAtlantic to join the EPA's Sustainability Partnership Program. The William M. Heenan Markets Development Award is the only award if its type issued annually in Pennsylvania. This years winner was selected by a committee comprised of the

RMC board of directors and William M. Heenan, whose instrumental support of the RMC as a founding board member and international commitment to developing steel recycling markets inspired the development of this new, prestigious statewide award. PA Resources Council Presents Annual Leadership Awards Nov. 15 The PA Resources Council will present its annual environmental leadership awards at a special dinner event on November 15 at the Radisson at Valley Forge starting at 5:30 with a wine and beer tasting. This years award winners include: -- Sustainable Government: Mayor Michael Nutter, City of Philadelphia; -- Land Conservation: Gerry Lenfest, The Lenfest Foundation & The Natural Lands Trust; -- Leadership In Recycling: Carl Hursh, former DEP Waste Reduction & Recycling Coordinator; -- The Fox Calhoun Award: Howard J. Wein, Esq. The keynote speaker for the event will be Mayor Nutter from Philadelphia. For information on sponsorships and tickets, visit the PRC Dinner webpage. Lancaster Waste Authority Releases Sustainability Report The Lancaster County Solid Waste Management Authority has released a report that documents the philosophy and actions behind its involvement in community sustainability for Lancaster County. Over the years, LCSWMA expanded its reach beyond that of just managing the municipal solid waste for Lancaster County. Recognizing its connectivity to the local area, the organization embarked upon a journey of community sustainability, targeting five related goals: -- Protect the environment by managing solid waste and recyclables in an environmentally safe, reliable and efficient manner; -- Preserve local heritage by conserving open space, protecting native habitat and natural resources; -- Increase renewable energy production and decrease energy consumption; -- Explore and employ sustainable policies and technologies; and -- Redefine boundaries through regionalization and community partnership. While our core mission has not wavered says James Warner, CEO for LCSWMA, our approach to fulfilling that mission has expanded. LCSWMA is committed to serving the community with excellence, while also investing our resources in sustainable initiatives for the betterment of the residents we serve every day. Community sustainability is a continuous process of improvement and interconnectivity. It requires businesses and community leaders to collaborate and develop innovative solutions that enhance the economic, environmental and social health of its local area and residents. Lancaster County is joining other progressive communities around the world in this sustainability movement. After reading our report, the Authority hopes residents, organizations and businesses will be inspired to discover ways they too can help make Lancaster County a more sustainable place to live and work, says Warner. A copy of the report is available online.

Lexus, Scholastic Launch Environmental Contest For Middle, High School Students A program of automaker Lexus and children's publishing company Scholastic, the Lexus Eco Challenge is an educational program and contest designed to inspire and empower middle and high school students in the United States to learn about the environment and take action to improve it. In its sixth year, the program will award a total of $500,000 in grants and scholarships. The competition is open to students in grades 6-12 who are either registered and home-schooled or enrolled in a public or accredited private school, and who are legal residents of the U.S. or the District of Columbia. Teams of students can enter if they are part of an after school science or environmental club, but the challenge is not open to clubs outside of school. The submission deadline for Challenge 1 (land/water) is October 29; the deadline for Challenge 2 (air/climate) is December 17. Click Here for all the details on each challenge. DEP Hosting Annual Statewide Brownfields Conference October 29-31 The Department of Environmental Protection, in partnership with the Engineers Society of Western Pennsylvania, invites stakeholders, community leaders and industry professionals to a statewide brownfields conference from October 29 to 31, at the Monroeville Convention Center in Monroeville, Allegheny County. This annual meeting is emblematic of Pennsylvanias commitment to being a leader in brownfield reclamation, DEP Secretary Mike Krancer said. I look forward to sharing ideas with industry leaders to ensure that Pennsylvania continues to innovate in this field. Secretary Krancer will address the group as the keynote speaker on October 30. Previously, DEP and the Engineers Society of Western Pennsylvania (ESWP) held separate statewide conferences that appealed to the same audience, and this is the first year they have worked together on the conference. Organizers, using an advisory panel of industry experts to develop conference content, plan to hold the event in a different region of the state each year. The theme of this years conference, Marketplace Meets Brownfields, will highlight current redevelopment topics, including the popular Extreme Makeover competition; mobile workshops; a video showcase of success stories; and technical updates on market trends and treatment options. There will be a tiered track of courses available to provide continuing education credits for economic development agency personnel, local government organizations, planners, real estate professionals and engineering professionals. Brownfields are properties where expansion, redevelopment or reuse are jeopardized due to the presence of hazardous substances, pollutants or contaminants. Pennsylvanias approach to brownfields redevelopment has proven to be a national model for transforming abandoned, idled properties into places of economic opportunity. For more information and to register or display an exhibit, contact the conference manager at 412-261-0710, ext. 11 or send email to: c.stellfox@eswp.com. Click Here for conference details. Apply Now For EPA Environmental Justice Grants

The U.S. Environmental Protection Agency announced Monday it is seeking applicants for a total of $1.5 million in Environmental Justice Small Grants to be awarded in 2013. Applications are due January 7. EPAs environmental justice efforts aim to ensure equal environmental and health protections for all Americans, regardless of race or socioeconomic status. The grants enable non-profit organizations to conduct research, provide education and develop solutions to local health and environmental issues in communities overburdened by harmful pollution. Grants are available for up to $30,000 each. Environmental justice grants support efforts to raise awareness about local health and environmental concerns, said Lisa Garcia, EPAs senior advisor to the administrator for environmental justice. By supporting local projects in under-served communities, communities are able to develop plans and partnerships that will continue to improve their local environment and better protect human health into the future. Applicants must be incorporated non-profits or tribal organizations working to educate, empower and enable their communities to understand and address local environmental and public health issues. Conference Calls EPA will host four pre-application teleconference calls on October 30; November 14; December 1; and December 13 to help applicants understand the requirements. Previous grants have supported activities including projects to better protect children in the Boston-area from incidences of lead poisoning and asthma attacks, conduct research on air quality in a portside Philadelphia community and provide support to residents on the Red Lake Reservation in Minnesota to repair failing septic systems and identify water that is unsafe to drink. The principles of environmental justice uphold the idea that all communities overburdened by pollution particularly minority, low income and indigenous communities deserve the same degree of protection from environmental and health hazards, equal access to the decision-making process and a healthy environment in which to live, learn and work. Since 1994, the environmental justice small grants program has provided funding in more than 1,300 communities, to community-based non-profit organizations and local governments working to address environmental justice issues. The grants represent EPAs commitment to expand the conversation on environmentalism and advance environmental justice in communities across the nation. For more information, visit EPA Environmental Justice Small Grants Program webpage. Farmers Can Harvest Energy Savings With PPL Electric Utilities If youre a PPL Electric Utilities customer who also wears the hat of farmer, rancher, or other agricultural occupation, you can harvest energy savings no matter the season. PPL Electric Utilities has developed an Agriculture Education Program that includes tips on how to save energy on the farm and provides several case studies to show what some farmers have already done. Some key savings areas include lighting and more efficient motors. On some highly mechanized dairy, hog and poultry farms, or irrigated crop farms, electricity may provide up to half of all energy needs. That represents a huge energy savings opportunity, said Tammy Albenzi, coordinator of the utilitys Agriculture Education Program.

We know the people who work to put food on our tables are up before the sun and often work until dark. That sometimes doesnt allow for a lot of time to think about energy efficiency, and thats where our E-power programs can help. The utility has many farms in its 29-county service territory in central and eastern Pennsylvania and counts about 18,000 agricultural accounts among its nearly 1.4 million customers. Saving energy on the farm isnt that different from saving money in other settings, Albenzi said. Sometimes, its just a matter of knowing how PPL Electric Utilities can help, and so were reaching out to the agricultural community to spread the word. Albenzi also noted October, which is Energy Awareness Month, is a great opportunity to focus on energy efficiency. The designation is an opportunity for everyone to focus on how central energy is to their lives and how to use it more efficiently. For more information, visit PPLs Agriculture Education webpage. Be sure to check out pplelectric.com for energy efficiency tips. DPW Launches Easier Way For Residents To Apply For Home Heating Assistance The Department of Public Welfare is encouraging Low-Income Home Energy Assistance Program recipients to apply online this year for assistance in paying home heating bills, a new process that will make the application process faster and will save taxpayer dollars. The department is sending all LIHEAP clients who applied online last year a postcard notice encouraging them to reapply online. In the past the department sent only paper applications to all perspective clients, even if they applied online the previous year. "Paper applications will always be available to our clients who prefer them," Secretary of Public Welfare Gary D. Alexander said. "But, in order to reduce administrative costs within the LIHEAP program, we are taking a different approach this year by encouraging clients to apply for the program online." Clients who received LIHEAP last year will have the opportunity to apply prior to the LIHEAP program opening on Nov. 1. By way of the new postcard, clients will be provided with a pre-registration number giving them access to an online application that has already been filled out using last year's data. Clients will simply have to make sure their online information is correct and update anything that may have changed, saving both clients and the department valuable time. All online applications are sent straight to the county office to determine eligibility, thereby eliminating mail and hand processing time. In addition, the department will save approximately $75,000 by sending postcards instead of full application packets in the mail. "The LIHEAP program is a critical component to helping Pennsylvania families make ends meet by keeping them warm and safe during the winter months," Alexander said. "This is also an example of how the department has looked at each and every program and identified both big and small ways that we can reduce government waste." LIHEAP is a grant program that offers home heating assistance to eligible low-income households or families in crisis. Each year, the LIHEAP program serves 392,349 Pennsylvania households. New applicants can begin applying for the program on November 1. Previous clients who applied online last year, and those participating in a pilot postcard application program in Lancaster County, should be receiving a postcard. The rest will receive paper applications in the

mail. Applications are reviewed on a first-come, first-served basis. LIHEAP benefits will be issued beginning November 1. Clients interested in applying online can visit www.compass.state.pa.us. For more information, visit DPWs LIHEAP webpage. Robert Hetz Honored With Ralph W. Abele Conservation Award Erie-area sportsman Robert Hetz has been named the recipient of the Fish and Boat Commissions Ralph W. Abele Conservation Heritage Award for 2012. The Abele Award is the highest recognition the Commission provides to individuals who have distinguished themselves in the cause of conservation, said PFBC Executive Director John Arway, who joined PFBC Commissioner Ed Mascharka in presenting Mr. Hetz with the award during a noon ceremony Thursday. The award presentation was held at Fairview Townships public fishing access area at the end of Avonia Road and near the mouth of popular Trout Run. (Photo: (from left) are S.O.N.S. of Lake Erie President Jerry Skrypzak, PFBC Commissioner Ed Mascharka, Robert Hetz, Erie County Executive Barry Grossman, Patricia Norcott Miller (on behalf of Sen. Jane Earlls office) and PFBC Executive Director John Arway.) Bob is a charter member of the 3-CU Trout Club, which is the largest member of our nursery program, Arway added. He is the individual who provides the leadership and effort to maintain the raceways, feed the fish, and stock them. The success of Pennsylvanias steelhead program is largely due to the effort of the 3-CU Trout Club and Bob. We are honored to add Mr. Hetz to the list of outstanding conservationists who have earned recognition as recipients of the Ralph W. Abele Conservation Heritage Award, said Arway. Mr. Hetz, of Fairview, was nominated by Jerry Skrypzak, President of the S.O.N.S. of Lake Erie. The S.O.N.S. of Lake Erie has had the privilege of working with Bob for over 26 years, Skrypzak said in his nomination letter. Bob was instrumental in providing expertise when their hatchery was being established. Bob handmade much of the equipment, which is still being used today. Several local officials also participated in the ceremony to honor Mr. Hetz, including Erie County Executive Barry Grossman; Fairview Township Supervisor Pete Kraus; S.O.N.S. President Jerry Skrypzak; and Patricia Norcott Miller on behalf of Sen. Jane Earll. The PFBC established the Abele Award to recognize citizens of Pennsylvania who have made outstanding contributions to the protection, conservation, and enhancement of the aquatic resources of the Commonwealth. The award serves as a memorial to former Executive Director Ralph Abele (1921-1990) for his steadfast and courageous work in protecting and conserving Pennsylvanias natural resources. Throughout his life, Abele inspired and commanded the fight to save the natural environment. He believed strongly in the right of everyone to "clean air, pure water, and the preservation of the natural, scenic, historic and aesthetic values of the environment."

As PFBC executive director from January 1972 through May 1987, Abeles accomplishments garnered him the title of Lord of the Fish for his tireless and relentless efforts in protecting water quality against pollution and working to restore American shad to their native Susquehanna River. Abeles voice and action as a leader during the beginnings of ecology awareness called industry to task and empowered individuals with an understanding that they, too, had the power to affect change and protect our natural environment. While the Commissions direct constituents have been mostly anglers and boaters, it was clear that Abeles commentary on the nations obligation to protect natural resources struck a chord with the greater, general public. Mr. Hetz exemplifies the type of individual who represents Mr. Abeles vision and the PFBC is honored to recognize his lifetime of achievements with this award, added Arway. DCNR Environmental Education Video Garners Emmy Honors A Wild Resource Conservation Program video was recently honored with an Emmy award by the regional chapter of the National Academy of Television Arts & Sciences. This is a significant achievement that salutes both the dedication of our staff and the creativity and expertise of the video producers, Department of Conservation and Natural Resources Secretary Richard Allan said. Middle school students across Pennsylvania and beyond will better understand the origin of their water and how best to conserve it thanks to this award-winning production. Produced by eMediaWorks, Cosmos World II: Water, is one video in a four-part series that relies on a flying river squirrel, Cosmo, and river otter, Terra, to introduce middle schoolage viewers to water consumption and conservation. Students from the Lehigh Valley School for the Performing Arts and Milton Hershey School are featured in the short videos, which also address biodiversity, sustainable agriculture and energy. It is the second video in a series to be honored with an Emmy from the Mid-Atlantic Chapter of the National Academy of Television Arts & Sciences. Cosmos World, an earlier production of eMediaWorks geared toward elementary age-students, also received an Emmy from the academy in 2009. Both videos were honored in the Children/Youth/Teen Program or Special category. eMediaWorks representatives accepted the award for Cosmos World II: Water on September 22 in Philadelphia. Cosmos World is a cooperative effort of DCNRs Wild Resource Conservation Program, eMediaWorks, PBS 39, and the conservation organization, Natural Biodiversity. Its objective is to help classroom and environmental educators teach environmental topics in an entertaining and engaging manner. To watch the videos, visit DCNRs Cosmos World webpage. Heritage Conservancy Hosts Artists Of The Gallows Run Event Nov. 10 The Gallows Run Watershed Association, Heritage Conservancy, Nockamixon Open Space Committee and Palisades School District partner for the 4th Annual Art for Conservation Benefit in Kintnersville, PA,

Entitled: Artists of the Gallows Run - Art for Conservation 2012. The date for the opening benefit exhibit is November 10, from 2:00 p.m. to 5:00 p.m. at the barn at Rising Sun Farm, located at 207 Church Hill Road, in Kintnersville, Bucks County. The exhibit will showcase eighteen local artists and benefit land conservation and environmental education in Nockamixon Township. With three different venues, Artists of the Gallows Run - Art for Conservation 2012 provides an opportunity for local talent to interpret some of Bucks Countys loveliest open spaces. Fifty percent of all works sold will go to a fund to promote and support land conservation efforts in Nockamixon Township. The exhibit will be on view at Rising Sun Farm on November 10 and 11 from 2:00 p.m. to 5:00 p.m.. The artworks will then be moved to three separate venues for exhibit through December 6th. For information, visit the Artists of Gallows Run webpage or contact Heritage Conservancys Sandy Yerger by sending email to: syerger@Heritageconservancy.org. 2012 Pennsylvania Botany Symposium November 9-10 Please join us for the inaugural Pennsylvania Botany Symposium at the Powdermill Nature Reserve in Rector, PA in Westmoreland County on November 9-10. Several plant conservation institutions have teamed up to initiate a biennial meeting that brings academic and amateur botanists together to share current research in the region. Invited speakers will cover a variety of topics, including important recent field discoveries, early botany in North America, species interactions in a Pennsylvania forest, lichens of Pennsylvania, recovery of rare native plants after invasive species removal, and addressing the shortage of botanical capacity in academia and land management agencies. Please join us for an informative program and opportunities to network with fellow plant enthusiasts. Registration is limited! Registration for the symposium is $75 and includes lunch, snacks and beverages. For more information, download the Symposium brochure. Online registration is available. DCNR Request For Project Bids In Lycoming County The Department of Conservation and Natural Resources published a request for bids for several projects in Tiadaghton State Forest in Lycoming County. Help Wanted: PA Council Of Trout Unlimited Program Coordinator The PA Council of Trout Unlimited is seeking a Program Coordinator to help further PATUs mission, which is to conserve, protect, restore and sustain Pennsylvanias coldwater streams. This position will be responsible for working and assisting PATUs staff and volunteers on current and new programs and will help to communicate with chapters, other conservation groups and agencies to further the mission of PATU. The position will be based out of Pleasant Gap, PA. Click Here for a copy of the detailed announcement.

Please send resume and cover letter with a brief explanation of why you would like this position by November 20 to Samantha Kutskel, PA Council of Trout Unlimited, PO Box 5148, Bellefonte, PA 16823, or send email to: skutskel@coldwaterheritage.org.

Your 2 Cents: Issues On Advisory Committee Agendas

This section gives you a continuously updated thumbnail sketch of issues to be considered in upcoming advisory committee meetings where the agendas have been released October 24-- Agenda Released (Posted Oct. 10). DEP Small Business Compliance Advisory Committee meeting. 12th Floor Conference Room, Rachel Carson Building. 10:00. -- Small Business Ombudsman Report -- Environmental Management Assistance Program Report -- Amendments to Regulatory Review Act-- Act 76 of 2012 -- Proposed Changes to Chapter 78 Oil and Gas Regulations -- Proposed Changes to infectious, chemotherapeutic waste regulations -- Proposed Title V Air Emission Fee Rulemaking - action item -- DEP Permit Decision Guarantee Program <> Click Here for available handouts. October 25-- No Agenda Yet. DEP Mining and Reclamation Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. November 13-- NEW. No Agenda Yet. DEP Air Quality Technical Advisory Committee meeting. Room 105 Rachel Carson Building. 9:15. (formal notice) November 15-- CANCELED. DEP Oil and Gas Technical Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. November 20-- No Agenda Yet. Environmental Quality Board meeting. Room 105 Rachel Carson Building. 9:00. November 20-- No Agenda Yet. DEP Citizens Advisory Council meeting. Room 105 Rachel Carson Building. 11:00. December 6-- CANCELED. DEP Cleanup Standards Scientific Advisory Board meeting. (formal notice) December 11-- DEP Oil and Gas Technical Advisory Board meeting. 2nd Floor Auditorium, Rachel Carson Building. 10:00. -- Discussion of Chapter 78 Drilling Environmental Protection Performance Standards

Grants & Awards

This section gives you a heads up on upcoming deadlines for awards and grants and other recognition programs. NEW means new from last week.

October 26-- DEP Growing Greener Grants October 30-- Schuylkill River Network Photo Contest October 31-- PA Resources Council Lens On Litter Contest November 2-- PHFA Marcellus Shale Housing Grants November 2-- National Student Radon Poster Contest November 19-- EPA Brownfields Grants December 1-- PHMC Historical Marker Nominations December 13-- DEP Environmental Education Grants December 14-- EPA College Campus RainWorks Challenge December 14-- Coldwater Heritage Partnership Grants December 28- DCNR, PRPS Green Park Award January 7-- NEW. EPA Environmental Justice Small Grants January 9-- West Penn Sustainable Energy Fund Financing January 16-- Great American Can Roundup School Challenge January 31-- Fish & Boat Commission Photo Contest May 1-- Keep PA Beautiful Sue Wiseman Scholarship Grant -- Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial assistance for environmental projects.

Budget/Quick Clips
Here's a selection of NewClips on environmental topics from around the state-Corbett Still Upside Down In New Poll Energy Firms Pumps Cash Into PA Campaigns Budget PA Details Who Gets Drilling Impact Fee Money PA Communities Share $204 Million In Drilling Fees Local Governments Get Majority Of Impact Fees Big Winners From Gas Drilling Impact Fee How Much Money Each Municipality Receives From Drilling Fee 4 Townships Say Theyre Owed Impact Fee Money Bradford, Susquehanna Receive Large Share Of Impact Fees Midstate Counties To Grab Share Of Drilling Fees Lehigh, Northampton Counties Share In Gas Fee Lancaster County To Get Drilling Money Drilling Fees Add $1M To Armstrong Coffers Drilling Impact Fees Tiny For Some Other Ridge Environmental Center Presents Environmental Awards Challenge Winners Saved Energy, Cut Emissions, Recycled Senate, House Environmental Committee Chairs Open Corbett Sees No More State Leases For Drilling Senate Reviews Bill To Prevent LIHEAP Fraud

Opponents Say HBG Not Getting Fair Deal On Incinerator Editorial: York Wastes Investment In Clean Air Bill Would End Inspections For New Vehicles Natural Gas Fueling Station Coming To Erie Coal Industry Researchers Look Ahead Environmentalists Challenge Power Line In Court Environmentalists Sue Feds Over PPL Power Line Nuclear Waste Site Owner Accuses Leechburg Activist Penn State Receives $10M Biofuel Research Grant Kemmerer Named Acting State Parks Director Editorial: Do Recent DCNR Ousters Spell Trouble? Northeast Trails Get A Boost Frick Park Awaits Environmental Center Pittsburgh Parks Conservancy Develop Mobile APP Changes Coming To Punxsutawney Phils Home PA Primes For Impressive Autumn Leaves Display

Marcellus Shale NewsClips

Here are NewsClips on topics related to Marcellus Shale natural gas drilling--Lively Crowd Turns Out For Court Hearing On Drilling Law Supreme Court Hears Arguments Over Drilling Law PA Supreme Court Hears Drilling, Zoning Debate Corbett Sees No More State Leases For Drilling PUC Rejects South Fayette Drilling Rules Letter: DCNR Has No Intention Of Drilling In State Parks PA Details Who Gets Drilling Impact Fee Money PA Communities Share $204 Million In Drilling Fees Local Governments Get Majority Of Impact Fees Big Winners From Gas Drilling Impact Fee How Much Money Each Municipality Receives From Drilling Fee Drilling Payments Cause A Dispute In PA 4 Townships Say Theyre Owed Impact Fee Money Bradford, Susquehanna Receive Large Share Of Impact Fees Midstate Counties To Grab Share Of Drilling Fees Lehigh, Northampton Counties Share In Gas Fee Lancaster County To Get Drilling Money Drilling Fees Add $1M To Armstrong Coffers Drilling Impact Fees Tiny For Some Hunting Down PAs Abandoned Oil & Gas Wells Abandoned Well May Have Caused Sullivan County Leak Bradford Grew Up Around Oil Wells Drilling Industry Issues Guidance On Methane Migration PA Supreme Court Hears Marcellus Shale Case Attorney General Seeks Dismissal Of 2nd Drilling Law Challenge

EPA Adds $84,500 Fine For Well Fire Roughneck Fest Puts Face On Marcellus Workers Marcellus Coalition Releases Powering American Renaissance Video Financial/Other States Cuomos Fracking Dilemma Poses Political Risk Fracking Supporters Set To Demonstrate In Albany

Flooding/Watershed NewsClips
Here are NewsClips on watershed topics from around the state-Other Watershed NewsClips ALCOSAN Asked To Adopt Green Plan To Cut Sewage Spills 40th Anniversary Of Clean Water Act Fixing Water Pipes In Philly Will Cost Millions DEP Has New Water Contamination Notification Policy Clean Water Project For 500 Plagued By Delays Op-Ed: Clean Water Act Is Worth Every Drop Dams On State Watch List

Regulations, Technical Guidance & Permits

No new regulations were published this week. Pennsylvania Bulletin - October 20, 2012 Proposed Regulations Open For Comment - DEP webpage Proposed Regulations With Closed Comment Periods - DEP webpage DEP Regulatory Agenda - DEP webpage

Technical Guidance & Permits

The Department of Environmental Protection published notices of Nutrient Credit Trading Program certification requests and an inter-basin trading request. The Fish and Boat Commission published a notice of changes to the Wild Trout Streams list. The Public Utility Commission published a proposed rulemaking establishing a uniform definition and metrics for unaccounted for natural gas. Technical Guidance Comment Deadlines - DEP webpage Recently Closed Comment Periods For Technical Guidance - DEP webpage Technical Guidance Recently Finalized - DEP webpage

Copies of Final Technical Guidance - DEP webpage

Calendar Of Events
Upcoming legislative meetings, conferences, workshops, plus links to other online calendars. Meetings are in Harrisburg unless otherwise noted. NEW means new from last week. Go to the online Calendar webpage. Click on Agenda Released on calendar entries to see the NEW meeting agendas published this week. October 24-- NEW. House Democratic Policy Committee hearing on state parks environmental issues. PA Convention Center, Philadelphia. 10:00. October 25-- Time/Location Change. Senate Urban Affairs and Housing Committee hearing on the impacts of Marcellus Shale development on housing. Nittany Lion Inn, State College. 1:30. November 15-- CANCELED. DEP Oil and Gas Technical Advisory Board meeting. Room 105 Rachel Carson Building. 10:00. November 28-- DEP Water Resources Advisory Committee meeting. Room 105 Rachel Carson Building. 9:30. (formal notice) December 6-- CANCELED. DEP Cleanup Standards Scientific Advisory Board meeting. (formal notice) December 11-- DEP Oil and Gas Technical Advisory Board meeting. 2nd Floor Auditorium, Rachel Carson Building. 10:00. (formal notice) DEP Calendar of Events Note: The Environmental Education Workshop Calendar is no longer available from the PA Center for Environmental Education because funding for the Center was eliminated in the FY 2011-12 state budget. The PCEE website was also shutdown, but some content was moved to the PA Association of Environmental Educators' website. Senate Committee Schedule House Committee Schedule

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

Stories Invited
Send your stories, photos and links to videos about your project, environmental issues or programs for publication in the PA Environment Digest to: DHess@CrisciAssociates.com.

PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department of Environmental Protection and is published as a service of Crisci Associates, a Harrisburgbased government and public affairs firm whose clients include Fortune 500 companies and nonprofit organizations. For more information, visit the newly updated Crisci Associates website or call 717-234-1716. PA Environment Digest weekly was the winner of the PA Association of Environmental Educators' 2009 Business Partner of the Year Award. Also sign up for these other services from Crisci Associates-PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from: PAEnviroDigest. PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as they are posted updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Environment Digest Video Blog: showcases original and published videos from environmental groups and agencies around the state. Sign up to receive as they are posted updates through your favorite RSS read. You can also sign up for a once daily email alerting you to new items posted on this blog. PA Capitol Digest: Don't forget to sign up to receive the PA Capitol Digest Twitter feed by going to: www.Twitter.com/PaCapitolDigest or click on this link for the regular daily PA Capitol Digest Blog to get other news from in and around the Pennsylvania State Capitol.

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