Pa Environment Digest Nov. 14, 2011

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PA Environment DigestAn Update On Environmental Issues In

PA

Edited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Never Forget Their Sacrifice

Harrisburg, Pa November 14, 2011

PEC, CBF Call For Tougher Measures In Senate/House Marcellus Shale Bills

Two of Pennsylvanias leading environmental organizations Thursday called on the General

Assembly to enact tougher environmental protections and a reasonable drilling impact fee in

proposed legislation aimed at regulating development of the states Marcellus Shale natural gas

reserves.

The groups pointed out the General Assembly has only 9 voting days left this year.

The Pennsylvania Environmental Council and the Chesapeake Bay Foundation have

outlined a number of specific environmental protection measures that are critical to any

legislation that passes into law.

The General Assembly is currently poised to take action on Senate Bill 1100 (Scarnati-R-

Jefferson) and House Bill 1950 (Ellis-R-Butler), both of which are proposals for regulating the

development of natural gas from the Marcellus Shale.

While both bills contain important measures, each is missing critical environmentalsafeguards needed to ensure public health and safety, clean water supplies, and effective use of

the land.

As currently written, both bills fall short of what is required, said Paul King, president

of the Pennsylvania Environmental Council. We stand at a point where the better of both bills

must be combined, and more added, to offer Pennsylvania most of the environmental safeguards

needed to effectively regulate this industry.

In May of this year, PEC and CBF submitted to the General Assembly and the

Administration a detailed proposal for amending the Oil & Gas Act and creating a framework for

the comprehensive management of the natural gas industry in Pennsylvania.

Both organizations pursued this proposal through Governor Corbetts Marcellus Shale

Advisory Commission, and many of the key elements from the proposal were adopted asrecommendations in the Commissions final report. Many of the Commission's

recommendations are also reflected in the House and Senate bills now under consideration.

[Click Here for PEC comments on the Commission report. Click Here for CBF's comments.]

We cant afford to settle for legislation that addresses only some of the issues or leaves

out critical details that will impact our communities and our environment, said Matthew

Ehrhart, Pennsylvania Executive Director for CBF. The General Assembly must enact
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comprehensive legislation that brings the antiquated Oil & Gas Act up to 2012 standards, fully

addresses the concerns, provides protection from the real impacts, and ensures public health and

safety and economic security for our communities.

With only nine voting days left in the legislative session, time is running out to craft

legislation that both houses will pass before the end of the year.

The time to act has arrived, said PECs King. We have before us an opportunity toget this right, or to get it half-right.

"When Pennsylvania takes on issues as big as Marcellus Shale in legislation, whatever

we adopt tends to stay the same for years, sometimes decades, like the Oil and Gas Act," said

Ehrhart. "What we do in the next 9 session days will be in place for a long time. We have to get

it right or we'll be stuck with the consequences.

"The time is right now. And we must get it right."

PEC and CBF identified a number of specific issues that span three general areas that

must be included in any final legislation: amendments that are still needed to the Oil & Gas Act;

due consideration of local land use conditions and controls; and the need for an impact fee that

will fund environmental programs around the state, including:

-- Strengthen Permit Reviews: The permitting process must be enhanced to ensure that allappropriate site data is collected and assessed to be certain that all conditions have been properly

addressed before drilling activity begins. --

-- Reject Outside Permit Reviews: Whats more, PEC and CBF reject proposals to outsource

the review of permitting to third parties.

-- Identify Areas Where Drilling Is Prohibited: The Act should grant DEP greater ability to

identify areas where drilling may be further restricted or prohibited; including areas of

recognized high ecological value, floodplains, or in close proximity to public water supplies.

-- Track Water Use, Disposal: DEP should also be given clear authority for more robust water

resource management, such as water withdrawal review and public reporting of wastewater reuse

or disposal.-- Real Well Setbacks: Meaningful setbacks must be created for well sites and should require

best management practices when site conditions warrant. The act should set a floor, not a

ceiling, of what is required of operators.

-- Spill Containment: DEP should be tasked to implement a review of spill containment systems

at Marcellus Shale well sites. This analysis will lead to the new containment practices,

structures, and procedures to safeguard the public and environmental quality.

-- Bonding/Financial Guarantees: Financial assurance for well site operations must, at an

absolute minimum, match the potential costs associated with well site accidents or other impacts.

Blanket bonds are insufficient.

-- Drilling Impact Fee: A reasonable impact fee or severance tax must be enacted to provide

meaningful, additional support to the resource management agencies tasked with the growingcharge of overseeing the industry. Revenues should also be used to replenish the environmental

stewardship fund, the states premiere program for environmental restoration and protection

efforts.

-- No Blanket Preemption Of Local Land Use Laws: While the industry faces a significant

challenge in meeting local land use controls, there are critical site or regional considerations that

cannot be effectively addressed within a state statute. The state should not grant special

preemption for any one industry in this regard.


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Senate/House Action Scheduled

Senate Bill 1100 has been listed for action Monday, November 14 in the Senate

Appropriations Committee. The House has scheduled votes on 100 amendments to its version of

Marcellus Shale legislation-- House Bill 1950 (Ellis-R-Butler)-- on Monday and a final passage

vote on Tuesday.

The Senate and House return to voting session on November 14 and are set to adjourn forthe year on December 14.

Click Here for Paul King's remarks. Click Here for Matt Ehrhart's remarks.

For more information, visit the PEC Marcellus Shale webpage.

NewsClips: Groups Push Stronger Environmental Protection In Marcellus Bills

Proposed PA Drilling Bills Not Strong Enough: Environmentalists

PA Shale Rules Fall Short Critics Say

Local Business Leaders Back Levy On Marcellus Drilling

Many Twists In Impact Fee Debate

House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States

SEIU Ad Backs Southeast House Republican Marcellus Tax Proposal

Bumsted: Small Room, Major Flak Over Marcellus BillOp-Ed: Invest Shale Money Wisely

Exeter Twp Opposes House Bill On Drilling

Corbett: Local Preemption Language Would Create Jobs

One Of Three Fracking Referendums Passes

Ban On New Gas Drilling Rejected By Peters Twp Voters

Drilling Ban In Peters Twp. Defeated, Succeeded In State College

Greene Twp Exploring Marcellus Ordinance

Editorial: On Drilling, Republicans Sell Out On Local Control

House Marcellus Bill Would Allow Drillers To Pay 1/5 Of Other States

The House may vote next week on a drilling fee plan that asks Marcellus Shale drillers to pay

significantly less than they pay in major energy-producing states like Texas and Arkansas.

House Bill 1950 (Ellis-R-Butler), supported by House Republican Leadership, would

assess the equivalent of a 1 percent rate over the life of a typical shale well, according to an

analysis by the Pennsylvania Budget and Policy Center. Other tax and fee plans before the

Pennsylvania Legislature would assess effective rates of 3.1 percent to 4.7 percent over the life

of a typical well.

By comparison, drillers pay effective drilling tax rates of 3.4 percent in Arkansas, 5.4

percent in Texas and 6.1 percent in West Virginia on comparable deep gas wells.

The House bill sets a fee that is much lower than drillers pay in most other energy-richstates, said Sharon Ward, Director of the Pennsylvania Budget and Policy Center. Drillers in

Texas, for example, would pay five times more in drilling taxes on a comparable deep gas well

than they will in Pennsylvania.

House Bill 1950 is modeled on Gov. Tom Corbetts Marcellus fee plan. It would collect

$160,000 over the 50-year life of an average Marcellus gas well, which is projected to generate

$16 million.
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950http://goo.gl/2As3hhttp://goo.gl/mXkzvhttp://marcellus.pecpa.org/http://thetimes-tribune.com/news/gas-drilling/groups-push-stronger-environmental-protection-in-marcellus-bills-1.1231175#axzz1dLDH38Gy%3Cbr%20/%3Ehttp://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/3782031http://www.upi.com/Business_News/Energy-Resources/2011/11/11/Pa-shale-rules-fall-short-critics-say/UPI-66281321011672/http://tribune-democrat.com/local/x960869682/Local-business-leaders-back-levy-on-Marcellus-drilling%3Cbr%20/%3Ehttp://thetimes-tribune.com/news/gas-drilling/many-twists-in-impact-fee-debate-1.1228454http://pennbpc.org/under-pa-house-leadership-bill-gas-drillers-would-pay-one-fifth-what-they-pay-texashttp://www.politicspa.com/seiu-backs-republican-marcellus-tax-proposal/29469/http://www.pittsburghlive.com/x/pittsburghtrib/opinion/s_765641.htmlhttp://www.post-gazette.com/pg/11313/1188392-109-0.stmhttp://thetimes-tribune.com/news/exeter-opposes-house-bill-on-drilling-1.1229300http://stateimpact.npr.org/pennsylvania/2011/11/11/corbett-argues-impact-fees-preemption-language-would-create-jobs/http://stateimpact.npr.org/pennsylvania/2011/11/08/election-results-one-of-three-fracking-referendums-passes/http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_766334.htmlhttp://www.post-gazette.com/pg/11313/1188498-503.stmhttp://www.timesonline.com/news/local_news/greene-twp-exploring-marcellus-ordinance/article_9b7cb3ba-5b20-5822-b9ca-59d7b50f6a37.html%3Cbr%20/%3Ehttp://www.post-gazette.com/pg/11313/1188408-192.stmhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950http://pennbpc.org/http://pennbpc.org/http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950http://www.post-gazette.com/pg/11313/1188408-192.stmhttp://www.timesonline.com/news/local_news/greene-twp-exploring-marcellus-ordinance/article_9b7cb3ba-5b20-5822-b9ca-59d7b50f6a37.html%3Cbr%20/%3Ehttp://www.post-gazette.com/pg/11313/1188498-503.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_766334.htmlhttp://stateimpact.npr.org/pennsylvania/2011/11/08/election-results-one-of-three-fracking-referendums-passes/http://stateimpact.npr.org/pennsylvania/2011/11/11/corbett-argues-impact-fees-preemption-language-would-create-jobs/http://thetimes-tribune.com/news/exeter-opposes-house-bill-on-drilling-1.1229300http://www.post-gazette.com/pg/11313/1188392-109-0.stmhttp://www.pittsburghlive.com/x/pittsburghtrib/opinion/s_765641.htmlhttp://www.politicspa.com/seiu-backs-republican-marcellus-tax-proposal/29469/http://pennbpc.org/under-pa-house-leadership-bill-gas-drillers-would-pay-one-fifth-what-they-pay-texashttp://thetimes-tribune.com/news/gas-drilling/many-twists-in-impact-fee-debate-1.1228454http://tribune-democrat.com/local/x960869682/Local-business-leaders-back-levy-on-Marcellus-drilling%3Cbr%20/%3Ehttp://www.upi.com/Business_News/Energy-Resources/2011/11/11/Pa-shale-rules-fall-short-critics-say/UPI-66281321011672/http://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/3782031http://thetimes-tribune.com/news/gas-drilling/groups-push-stronger-environmental-protection-in-marcellus-bills-1.1231175#axzz1dLDH38Gy%3Cbr%20/%3Ehttp://marcellus.pecpa.org/http://goo.gl/mXkzvhttp://goo.gl/2As3hhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950


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Other drilling tax and fee plans would assess effective rates closer to those in other

energy-rich states. Republican Sen. Joseph Scarnatis fee plan (Senate Bill 1100) would assess

the equivalent of a 3.1 percent rate, raising $505,000, while Republican Rep. Marguerite Quinns

fee plan (House Bill 1700) would assess the equivalent of 4.4 percent, raising $710,000.

A House bill sponsored by Republican Representatives Gene DiGirolamo and Tom Murt

(House Bill 1863) would assess a 4.7 percent drilling tax, raising $770,000 over the life of atypical well. Unlike the fee plans, the Murt-DiGirolamo drilling tax provides resources to early

childhood education, job training, and support for people with disabilities and victims of

domestic violence, as well as the environment and local communities.

Other shale gas-producing states ask more from drillers than HB 1950, Ward noted.

Arkansas assesses a 3.4 percent effective rate on comparable wells (raising $555,700); Texas

assesses a 5.4 percent effective rate ($878,500); and West Virginia assesses a 6.1 percent

effective rate ($993,700).

A drilling tax or fee should support the priorities Pennsylvanians most care about,

Ward said. At a time when huge cuts are being made to our childrens education and tens of

thousands of struggling Pennsylvanians are losing their health care, Pennsylvanians want to take

a different course. They want to see drillers pay a tax that supports these priorities, protects theenvironment and helps impacted communities pay for the damages caused by drilling.

Governor Attempts To Justify Exemption From Local Regulation For Drilling

In the face of opposition in the Senate and House to language he proposed to exempt any oil and

gas drilling from local regulation as a land use, Gov. Corbett Friday write to members of the

General Assembly to justify his position. This is the text of that letter--

Several weeks ago, I shared, with both the House and Senate leadership, legislative language that

would implement most of the Marcellus Shale Advisory Commissions legislativerecommendations. This draft language takes steps to secure our energy independence, to protect

our natural resources, to protect the health and safety of the Commonwealths citizens, and to

mitigate the impacts on our local communities.

I am encouraged by the movement in both the House and the Senate on legislation that

advances many of the Commissions recommendations. However, there is still a long road ahead

of us and common ground to be found. As we forge ahead, I want to discuss one aspect of my

proposal that is of great importance.

Since 1984, Section 602 of the Oil and Gas Act has superseded local ordinances as they

relate to oil and gas operations. However, several recent court decisions have interpreted Section

602 to allow varying and inconsistent standards across the Commonwealth (Huntley & Huntley,

Inc. v. Borough Council of Borough of Oakmont and Penneco Oil Company, Inc. v. County ofFayette). My proposed amendments to Section 602 of the Oil and Gas Act reaffirm and reinforce

the original legislative intent of the law. Further, my proposal offers additional, real and

meaningful protections for local communities that host natural gas development.

I recognize the importance of ensuring strong and consistent environmental standards

across the Commonwealth. My proposed revisions to the Oil and Gas include additional well

bonding, setbacks, drinking water protections, permits reviews, and other requirements. The

proposal includes new standards relating to the lighting, noise, odor, and security of operational
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oil and gas sites. In crafting these provisions, we took into account the issues many residents

have raised regarding the potential impact on their quality of life. We also included a new

provision that would provide municipalities with a forum to raise issues of local importance for

the Department of Environmental Protections consideration in the permitting process. While

many have focused on the local governments that have local standards, nearly 40 percent of

municipalities in the Marcellus Shale region currently have no zoning. These amendments to theOil and Gas Act provide added and meaningful protections to the residents of these communities

while still achieving statewide consistency.

The comprehensive environmental enhancements included in my proposal many of

which mirror proposals advanced in both the House and the Senate substantially raise the bar

of what we expect of our natural gas operators. Pennsylvania has a long and distinguished history

of regulation the oil and gas industry. These standards build upon that history.

My goals are not much different from that of local governments, conservationists, or

other policymakers. We all want clean air, clean water, and safety in this growing industry.

These are simple but common goals which unite us. But there is one other goal that we all share

an environment of JOB CREATION in the Commonwealth of Pennsylvania. The enactment of

a reasonable, consistent and uniform set of rules across the Commonwealth as it relates to oil andgas drilling boils down to advancing our number one shared focusjobs.

In 2004, Ohio enacted a broad and sweeping law to preempt all local ordinances as it

pertains to oil and gas operations and gave their local governments no voice in the process. This

language is being used by officials in Ohio as their carrot to job creators in the Marcellus Shale

industry. As they continue to attempt to lure Pennsylvania jobs and investment across our

western border into Ohio, they most often point to the predictability in standards and rules that

the Ohio statute affords them. Further, there are job creators well down the supply chain in the

Marcellus Shale industry who are waiting to see if Pennsylvania will enact predicable and

uniform standards before making capital investments in the Commonwealth. I do not want to

make these job creators, nor these potential capital investments, wait any longer. We need thejobs, and we need them now.

It has been said that the gas underneath our feet is not going anywhere. However, the jobs

and investment capital can leave. We must ensure that our pursuit of consistency is equally

matched by a commitment to world class drilling standards. The legislative package under

consideration achieves these goals. I look forward to working with each of you to advance

critical environmental standards while expanding job opportunities across the Commonwealth.

NewsClip: Corbett: Local Preemption Language Would Create Jobs

Get To Know The REAL Growing Greener Program

The original Growing Greener Programproposed by Gov. Ridge in 1999 and later expanded byGov. Schweiker was focused on helping Pennsylvania meet federal Clean Water Act mandates,

watershed restoration, upgrading water and wastewater infrastructure, preserving farmland and

funding State Park and local recreation facilities.

The original Growing Greener Program empowered communities to clean up rivers and

streams, protect working farms and special places, create and improve parks and trails, and

revitalize cities and towns.
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The original Growing Greener remains the largest single investment in conservation,

recreation and environmental projects ever made by the Commonwealth.

Starting in 2005, the Rendell Administration and some in the General Assembly did a

bait and switch. The program's name stayed the same, but it was expanded to fund all types of

projects that had nothing to do with environmental restoration like parking garages, wind mills

and solar panels, energy efficiency tax credits and historic preservation.Unfortunately, many people forget the original focus of Growing Greener and that's

causing confusion.

The Renew Growing Greener Coalition of more than 250 groups and representatives of

county and local governments representing over 7 million Pennsylvanians want to return the

program to its roots of funding projects with real and lasting environmental benefits, not parking

garages.

Specifically, the Coalition wants to refocus Growing Greener on:

-- Restoring Our Water & Land bringing streams back to life and protecting drinking water

-- Conserving Our Working Farms & Forests - securing our food and timber supplies

-- Saving Our Special Places protecting and enhancing wildlife habitat, greenways, trails,

hunting grounds, fishing areas and community open space, including local, county and stateparks and forests.

-- Greening Our Communities revitalizing waterfronts and parks, planting trees, creating

neighborhood gardens, reduce flooding and preserving history

-- Creating Outdoor Recreation Opportunities - walking, biking, hunting, fishing, playing

sports, picnicking and enjoying the quiet and peace of nature.

The real Growing Greener Program created a legacy of success, restoring over 16,000

acres of abandoned mine lands, preserving more than 103,000 acres of Pennsylvanias family

farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to

State Parks and forests and capping more than 2,100 abandoned wells.

You can find out how the Growing Greener Program has benefited you and your countyby going to the online database of more than 4,000 projects funded by the program.

To find out more about the REAL Growing Greener Program, follow these links--

-- History of the REAL Growing Greener Program

-- Economic Benefits of the REAL Growing Greener Program

-- Statewide Impacts of Marcellus Shale Drilling

NewsClips: Local Business Leaders Back Levy On Marcellus Drilling

Many Twists In Impact Fee Debate

Bumsted: Small Room, Major Flak Over Marcellus Bill

Op-Ed: Invest Shale Money Wisely

Dauphin County, 11 More Municipalities Join Renew Growing Greener Coalition

The Renew Growing Greener Coalition Friday announced that Dauphin County and 11 more

municipalities, counties and organizations this week have formally voiced support for restoring

Growing Greener, the states primary source of funding to help local communities protect water

quality, preserve open space and farmland, and enhance parks, trails and other recreational

opportunities.
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At least 140 government entities including 30 counties representing more than seven

million Pennsylvanians have adopted resolutions in support of the program, with the following

municipalities joining the list of supporters this week: Cooke Township, Cumberland County;

Silver Spring Township, Cumberland County; Upper Saucon Township, Lehigh County; Lower

Salford Township, Montgomery County; Plymouth Township, Montgomery County; Norriton

Township, Montgomery County;Towamencin Township, Montgomery County; and UpperHanover Township, Montgomery County.

In addition, the Dauphin County Commissioners also adopted a resolution supporting

Growing Greener.

In Dauphin County, we have preserved more than 13,000 acres of farmland thanks to the

Growing Greener program, said Jeff Haste, chairman of the Dauphin County Board of

Commissioners. Continuing this program will help counties continue to preserve green, open

space and farmland for future generations.

The Allegheny County Conservation District and the Stanley Cooper, Sr. Chapter of

Trout Unlimited in Kingston, Luzerne County signed statements of support.

Growing Greener is a bipartisan program established in 1999 under Gov. Tom Ridge and

later expanded by Governors Schweiker and Rendell. Since its establishment, Growing Greenerhas created a legacy of success, preserving more than 103,000 acres of Pennsylvanias family

farmland, conserving more than 42,300 acres of threatened open space, adding 26,000 acres to

state parks and forests, capping more than 2,100 abandoned wells, and restoring over

16,000acres of abandoned mine lands.

Moreover, Growing Greener has contributed and leveraged billions of dollars to the

Pennsylvania economy by helping to boost tourism, create jobs and generate revenue.

Yet despite the programs accomplishments, funding for Growing Greener projects and

grants fell from an average of approximately $150 million per year for the last six years to $27.3

million in the current state budget. This is more than an 80 percent reduction.

The Renew Growing Greener Coalition is the Commonwealths largest coalition ofconservation, recreation and environmental organizations representing nearly 400 organizations

and government entities.

11 More Reasons To Support The Refunding Of A Refocused Growing Greener

The Renew Growing Greener Coalition Friday published a list of 11 more reasons to support the

refunding of a refocused Growing Greener Program--

1. Keep our drinking water clean

2. Protect the air we breathe

3. Preserve our working farms and food supply4. Enhance our local and regional economies and the Commonwealth tourism industry

5. Help local communities control flooding

6. Enhance our large conservation landscapes like our heritage areas and major greenway

corridors

7. Reverse the scars left by coal mining and reclaim abandoned minelands

8. Enhance state and local outdoor recreational opportunities

9. Turn brownfields into useable spaces primed for economic development and growth
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10. Beautify our downtowns and urban areas

11. Protect and preserve the Commonwealths wildlife habitat

Heres what 11 of our supporting organizations have to say:

Growing Greener has helped to foster the Clarion River as a spectacular outdoorrecreational destination in Northeastern Pennsylvania and has helped to conserve our states rich

natural resources offering a wealth of opportunities and drawing millions of visitors to our state.

-- Cynthia Carrow, Western Pennsylvania Conservancy

Growing Greener provides essential funding for riverfront trails and greenways like

Schuylkill Banks. These greenways greatly improve quality of life in our region by creating

beautiful park space for the community to walk, run, bike, fish and relax along rivers that were

inaccessible for generations. They also connect diverse neighborhoods, help protect our rivers

from stormwater runoff and establishvaluable wildlife habitats. -- Joseph R. Syrnick,

President & CEO, Schuylkill River Development Corporation

As more and more of the Pennsylvania Wilds, the Endless Mountains, and our state

forests and game lands are developed for gas extraction and production, it is more crucial than

ever to ensure that our Commonwealth's Growing Greener program is funded.

If the current rush to drill continues at its present rate, and if Growing Greener's

alternative energy and reclamation initiatives do not receive crucial funding, there will be far

fewer places available for all Pennsylvanians to get out and enjoy the outdoors, fresh air, clean

streams and the natural world. Growing Greener programs are vital to our present and future

quality of life. -- Ralph Kisberg, Robbie Cross, Janie Richardson, Barb Jarmoska, Mark

Syzbist, Jen Slotterback, Board of Directors for The Responsible Drilling Alliance

"Our 24,000 Pennsylvania members enjoy a variety of outdoor recreational activities,

including hiking, biking, fishing, hunting and bird watching. Growing Greener funding has been

important for acquiring more state and local public lands that are open for these healthful

outdoor pursuits.

As our population keeps growing, and development paves over more land every day, the need

for these public spaces becomes more important. And the need for Growing Greener funding is

critical, as well." -- Jeff Schmidt, Director, Sierra Pennsylvania Chapter

"Growing Greener from its inception has benefited MuddyCreek Trout Unlimited in our

efforts to restore severely eroded reaches of our home watershed in York County. Our

organization; MCTU independently and through partnerships with local municipalities andsponsoring watershed groups werefortunate enough to garner over $885,000 in grant monies to

restore over 2.2miles of our watershed. These "full floodplain" restorations have succeeded in

creating more and immediate flood storage as well as the "lock up" of millions of tons of Legacy

Sediments so damaging to the Chesapeake Bay Ecosystem.

For these reasons we feel that Growing Greener has been a huge success and we would

like to see it continue. Our organization could never have made these strides toward coldwater


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conservation were not for this program. -- Maurice Chioda, Past President, Muddy Creek

Trout Unlimited #575

Throughout Pennsylvania, our dedicated volunteers run over 750 outdoor recreational

trips every year anddepend on the Growing Greener program to ensure that parks and trails are

not just available to everyone, but that they are also open, accessible and maintained. -- MarkZakutansky, Mid-Atlantic Policy Manager, Appalachian Mountain Club

In addition to all the excellent natural resource conservation and recreation projects

funded by Growing Greener it can be a very useful source of funding to assist with creation of

natural greenways and trails as a reuse of Flood Buyout Properties and restoring developed

floodplain lands to riparian buffers can help counties to achievecompliance with the Chesapeake

Bay TMDL standards imposed by EPA. -- Jerry S. Walls, AICP, Professional Planner

Growing Greener provides essential funding for riverfront trails and greenways like

Schuylkill Banks. These greenways greatly improve quality of life in our region by creating

beautiful park space for the community to walk, run, bike, fish and relax along rivers that wereinaccessible for generations. They also connect diverse neighborhoods, help protect our rivers

from stormwater runoff and establishvaluable wildlife habitats. -- Joseph R. Syrnick,

President & CEO, Schuylkill River Development Corporation

Growing Greener made it possible for Countryside Conservancy to protect and open to

the public a fantastic stretch of stream at Little Rocky Glen for fishing, hiking, scout activities

and more in Wyoming County, one of the few Pennsylvania counties that has no state park. --

Mary Felley, Interim Executive Director, GreenSpace Alliance

Growing Greener has helped fund the Pennsylvania Senior Environment Corps, seniorvolunteers serving the Commonwealth in various ways from monitoring the condition of their

local, monitoring abandoned mine drainage, stenciling storm drains, mapping abandoned oil and

gas wells, eradicating invasive weeds, networking and working with watershed associations, and

educating the public on topics such as radon and recycling. Since 1997, these trained volunteers

have dedicated over 2 million hours to protecting and restoring the commonwealths

environment. In one year alone, the PaSEC's dedication to the Commonwealth can be estimated

at approximately $3,051,428.57. -- Melinda Hughes-Wert, President, Nature Abounds

Growing Greener funds helped Hawk Mountain to acquire and protect hundreds of acres

of land critical to raptors and other wildlife. Funds also helped to complete a land management

plan, a guiding document that drives all Hawk Mountain land use, conservation and managementwork. -- Jerry Regan, Hawk Mountain Sanctuary Association

DEP Advisory: Upgrade Of eLibrary May Make Documents Unavailable Temporarily

The Department of Environmental Protection this weeknotified the public documents posted

online through its eLibrary system may not be available until upgrades to the system are

completed.
http://www.portal.state.pa.us/portal/server.pt/community/dep_advisories_community/5016http://www.portal.state.pa.us/portal/server.pt/community/dep_advisories_community/5016


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Copies of regulations, policies or manuals out for public review and other documents

posted on the website may be available on an intermittent basis or not at all, DEP's advisory said.

Did You Know You Can Search 7 Years Of Digests On Any Topic?

Did you know you can search 7 years of back issues of the PA Environment Digest on dozens oftopics, 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--

Twitter Instant Updates: On Twitter, sign up to receive instant updates from : PAEnviroDigest.

PA Environment Daily: 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 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.

Senate/House Agenda/Session Schedule(New)/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

Here is the Senate and House schedule

Senate

November 14, 15, 16December 5, 6, 7, 12, 13, 14

House

November 14, 15, 16, 21, 22, 23

December 5, 6, 7, 12, 13, 14

New

January 3 (non-voting), 17, 18, 23, 24, 25
http://www.paenvironmentdigest.com/newsletter/search.asphttp://www.crisciassociates.com/http://www.twitter.com/http://paenvironmentdaily.blogspot.com/http://paenvirodigestvideo.blogspot.com/http://pacapitoldigestcrisci.blogspot.com/http://pacapitoldigestcrisci.blogspot.com/http://paenvirodigestvideo.blogspot.com/http://paenvironmentdaily.blogspot.com/http://www.twitter.com/http://www.crisciassociates.com/http://www.paenvironmentdigest.com/newsletter/search.asp


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February 6, 7, 8, 13, 14, 15,

March 12, 13, 14, 26, 27, 28

April 2, 3, 4, 30,

May 1, 2, 7, 8, 9, 21, 22, 23

June 4, 5, 6, 11, 12, 13, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29

Bill Calendars

House (November 14): House Bill 1950 (Ellis-R-Butler) amending the Oil and Gas Act to

include additional environmental protection measures for Marcellus Shale drilling, a county-

optional drilling impact fee and additional transfers from the Oil and Gas Fund; Senate Bill

303 (MJ White-R-Venango) providing for the disposition of fines under the Hazardous Sites

Cleanup Act; Senate Bill 304 (MJ White-R-Venango) requiring the posting of the state air

quality implementation plan on the Internet; House Resolution 70 (Harhart-R-Lehigh) requesting

the Department of Transportation to study the potential use of quarry and other mining waste in

highway and civil engineering projects. Click Here for full House Bill Calendar.

Senate (November 14): ; Senate Bill 433 (Leach-D-Montgomery) providing for the

incorporation of benefit corporations; Senate Bill 152 (D.White-R-Indiana) amending the

PennVEST Act to clarify the eligibility of stormwater and other nonpoint source projects for

funding; Senate Bill 477 (Browne-R-Lehigh) compelling the removal of outdoor advertising

under the Municipalities Planning Code; Senate Bill 532 (Rafferty-R-Montgomery) further

providing for penalties and waste permit renewals under the Solid Waste Management

Act; Senate Bill 1150 (Smucker-R-Lancaster) establishing the Historic Rehabilitation Investment

Incentive tax credit; Senate Resolution 202 (Kasunic-D-Somerset) urging the oil and gas industry

to use acid mine water for fracking; House Bill 608 (Brooks-R-Crawford) providing for the use

of bioenergy crops in mine reclamation; House Bill 1054 (Mustio-R-Allegheny) furtherproviding for the licensing of engineers, land surveyors and geologists. Click Here for full

Senate Bill Calendar.

Committees

House: the Transportation Committee meets to considerHouse Bill 3 (Geist-R-Blair)

authorizing public-private transportation partnerships; the Consumer Affairs Committee holds

a hearing on House Bill 1580 (Ross-R-Chester) increasing the solar mandate in the Alternative

Energy Portfolio Standards. Click Here for full House Committee Schedule.

Senate: the Appropriations Committee meets to considerSenate Bill 1100 (Scarnati-R-Jefferson) amending the Oil and Gas Act to include additional environmental protection

measures for Marcellus Shale drilling and a drilling impact fee, Senate Bill 1264 (Baker-R-

Luzerne) enacting the Flood Relief Act for September 2011 making an appropriation of $20

million for individual assistance, Senate Bill 1266 (Gordner-R-Columbia) authorizing the

incurring of debt to fund flood damage recovery projects, Senate Bill 1267 (Blake-D-

Lackawanna) authorizing real estate tax abatement as a result of Hurricane Irene and Tropical

Storm Lee, Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of debt to repair
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0304http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=R&bn=70http://www.legis.state.pa.us/WU01/LI/SC/HC/0/RC/SCHC.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=433http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0152http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0477http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0532http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1150http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=R&BN=0202http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0608http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=1054http://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0003http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1580http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1100http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1266http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1267http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1268http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1268http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1267http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1266http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1100http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1580http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0003http://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=1054http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0608http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=R&BN=0202http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1150http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0532http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0477http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0152http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=433http://www.legis.state.pa.us/WU01/LI/SC/HC/0/RC/SCHC.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=R&bn=70http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0304http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0303http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1950


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flood damaged highways, Senate Bill 1269 (Yaw-R-Bradford) adoption of capital projects to

repair or replace flood damaged highways and bridges, Senate Bill 1271 (Yudichak-D-Luzerne)

an itemized list of flood damaged highway and bridge repair projects, Senate Bill 1297 (Baker-

R-Luzerne) establishing the Small Business Flood Relief Program of 2011, Senate Bill

1322 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program to provide

disaster assistance to agricultural operations; the Consumer Protection and ProfessionalLicensure Committee meets to considerHouse Bill 344 (Baker-R-Tioga) providing additional

authority to the PUC to regulate pipeline safety; the Transportation Committee meets to

considerSenate Bill 344 (Rafferty-R-Montgomery) authorizing public-private transportation

partnerships; the Senate Environmental Resources & Energy and Senate Republican Policy

Committees hold two days hearing on issues related to flood mitigation through stormwater

management. Click Here for full Senate Committee Schedule.

Bills Introduced

The following bills of interest were introduced this week--

DEP Permit Review Process: House Bill 1659 (Pyle-R-Armstrong) establishes the DEP Permit

Review and Issuance Act stipulating a process and timetable all DEP permit applications must

follow.

Natural Gas Severance Tax: House Bill 1863 (Murt-R-Bucks) establishing a 4.9 percent

natural gas severance tax.

Flood Project Repair: House Bill 1916 (Millard-R-Columbia) Flood protection and flood

damage repair project list.

Natural Gas Equipment Credit: House Bill 1966 (K.Smith-D-Lackawanna) providing a

deduction from personal income tax for up to 20 percent of the cost of natural cost powered

products.

Rainy Day Disaster Fund: Senate Bill 1331 (Wozniak-D-Cambria) authorizing the Rainy Day

Fund to be used for disaster recovery.

News From The Capitol

Senate Appropriations Committee Schedules Marcellus Shale, Flood Relief Bills

The Senate Appropriations Committee has scheduled a meeting for November 14 to

considerSenate Bill 1100 (Scarnati-R-Jefferson) amending the Oil and Gas Act to include

additional environmental protection measures for Marcellus Shale drilling and a drilling impact

fee.

The Committee is also set to consider a package of flood relief bills: Senate Bill

1264 (Baker-R-Luzerne) enacting the Flood Relief Act for September 2011 making an
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1269http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1271http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1297http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1322http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1322http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0344http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0344http://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1659http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1863http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=1916http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1966http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1331http://jakecorman.com/appropriations.htmhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1100http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1100http://jakecorman.com/appropriations.htmhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1331http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1966http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=1916http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1863http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=1659http://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTMhttp://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0344http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&BN=0344http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1322http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1322http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1297http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1271http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sInd=0&body=S&type=B&bn=1269


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appropriation of $20 million for individual assistance; Senate Bill 1266 (Gordner-R-Columbia)

authorizing the incurring of debt to fund flood damage recovery projects; Senate Bill

1267 (Blake-D-Lackawanna) authorizing real estate tax abatement as a result of Hurricane Irene

and Tropical Storm Lee; Senate Bill 1268 (Gordner-R-Columbia) authorizing the incurring of

debt to repair flood damaged highways; Senate Bill 1269 (Yaw-R-Bradford) adoption of capital

projects to repair or replace flood damaged highways and bridges; Senate Bill 1271 (Yudichak-D-Luzerne) an itemized list of flood damaged highway and bridge repair projects; Senate Bill

1297 (Baker-R-Luzerne) establishing the Small Business Flood Relief Program of 2011;

and Senate Bill 1322 (Yaw-R-Bradford) establishing the Agriculture Disaster Recovery Program

to provide disaster assistance to agricultural operations.

The meeting will be held off-the-floor in the Rules Committee Room.

Sen. Jake Corman (R-Centre) serves as Majority Chair of the Committee and Sen.

Vincent Hughes (D-Philadelphia) serves as Minority Chair.

House Sets Votes On Marcellus Shale Drilling Bill For Monday, Tuesday

The House is scheduled to take a final vote Tuesday on House Bill 1950 (Ellis-R-Butler) amending the Oil and Gas Act to include additional environmental protection measures

for Marcellus Shale drilling, a county-optional drilling impact fee and additional transfers from

the Oil and Gas Fund.

There are now 100 amendments filed to House Bill 1950 to be debated and voted on

Monday, November 14, according to the House Republican voting schedule.

Senate Committees To Hold Flood Mitigation, Stormwater Hearings November 15 & 16

The Senate Environmental Resources & Energy and Senate Republican Policy Committees are

scheduled to hold two days of hearings on issues related to flood mitigation through stormwatermanagement on November 15 and 16 in Harrisburg.

The agenda for November 15 includes: Dr. Robert Traver, Department of Civil and

Environmental Engineering, Villanova University, Michele Adams, Meliora Environmental

Design, Paula Conolly, Philadelphia Water Department, Elizabeth Treadway, AMEC

Environmental and Infrastructure, Cory Rathman and Mark Gutshall, Lancaster County Clean

Water Consortium, Tom McGlynn, Winola Industrial, Factoryville, Pa.

The agenda for November 16 includes the Pennsylvania Environmental Council.

The hearings will be held in the Senate Majority Caucus Room at the Capitol beginning

at 9:00 a.m.

Sen. Mary Jo White (R-Venango) serves as Majority Chair of the Senate Environmental

Resources and Energy Committee and Sen. John Yudichak (D-Luzerne) serves as MinorityChair.

Sen. Ted Erickson (R-Delaware) serves as Chair of the Senate Republican Policy

Committee.

PEC Thanks Senate, Sen. Pippy For Passage Of Water Trails Economic Impact Resolution

The PA Environmental Council this week extended its thanks to the Senate and prime sponsor
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Sen. John Pippy (R-Allegheny) for passing Senate Resolution 143 which directs the Legislative

Budget and Finance Committee to undertake an economic impact analysis ofPennsylvania

Water Trails.

Recreational trails have a huge and measurable impact on local communities and they

contribute substantially to Pennsylvanias tourism industry, which is the second largest industry

in the Commonwealth.There are a variety of very good examples of economic impact studies and trail user

surveys that estimate the impact of land trails on local communities. The Great Allegheny

Passage, for example, is estimated to have a $40 million annual direct spending and $7.5 million

additional in wages attributable to the trail market in trail towns along the trail.

What is not available are examples of the economic impact of water trails on local

communities even though we know there are thousands of water trail users out there and

communities who are engaging in water trail development.

Undertaking this analysis is one of the key recommendations of the recently completed

Statewide Comprehensive Outdoor Recreation Plan (2009-2013) to "Conduct an economic

impact analysis to benchmark the economic impact of water trails."

This information will inform public and private efforts to increase water traildevelopment in the Commonwealth and to maintain the Commonwealths position as a

recognized national leader in water trail development.

An economic impact analysis of recreational water trails on local communities will help

to guide the future of the PA Water Trails Program, which the PA Environmental Council

manages with the Department of Conservation and Natural Resources, the Fish & Boat

Commission and the National Park Service, and future investments in water trails and local

communities.

News From Around The State

Delaware River Basin Commission Posts Revised Natural Gas Drilling Rules

The Delaware River Basin Commission Tuesday posted the revised natural gas drilling

regulations it will consider at its November 21 meeting. Also posted was a summary of the

comments received on the Commission's proposed regulations.

The revised draft regulations apply to all natural gas development projects as that term

is defined in Section 7.2 , including the construction and operation of all natural gas wells in the

basin, regardless of the target geologic formation, whether a well is for production or

exploration, and whether high-volume or low-volume hydraulic fracturing is contemplated.

Appurtenant infrastructure is also addressed.

The revised draft regulations are divided into sections that address the purpose, authorityand scope of the rule (7.1); definitions (7.2); administrative processes (7.3); water sources and

conditions of bulk water use and management approvals for natural gas development projects

(7.4); the protection of high value water resource landscapes and Commission-designated Special

Protection Waters through mandatory Natural Gas Development Plans (NGDPs) for lease

holdings of 3,200 acres or more and for all project sponsors who intend to develop more than
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five well pads (7.5); and the transfer, treatment and discharge of wastewater generated by natural

gas development activities (7.6).

The Commission will rely on the oil and gas program of the state in which a natural gas

well is located to regulate the construction and operation activities of the natural gas well and

well pad for which separate administration by the Commission would result in unnecessary

duplication.If a state or federal regulatory requirement is more stringent than a DRBC requirement,

the more stringent regulation would apply. Upon its effective date, which will be 60 days after

Commission approval, Article 7 would supersede the Executive Directors Determinations dated

May 19, 2009, June 14, 2010 and July 23, 2010.

If and when adopted, this Article would constitute a joint exercise of the sovereign

authority of Delaware, New Jersey, New York, Pennsylvania, and the federal government

pursuant to the Delaware River Basin Compact.

The Article would also amend the Commissions Comprehensive Plan. Commission

regulations are one mechanism by which the basin states and federal government work together

to manage water resources in an integrated manner for the benefit of all citizens of the basin.

The Commission is expected to take action on the revised regulations at its November 21meeting. It is not taking comments on the revised regulations prior to or at the meeting.

Click Here for a copy of the revised regulations. Click Here for a Fact Sheet on the

revised rules.

NewsClips: DRBC Posts New Rules To Allow Gas Drilling In Region

DRBC Tweaks Proposed Gas Drilling Regulations

DRBC Proposes New Gas Drilling Rules

Groups Respond To DRBC Drilling Rules

DEP Issues New Drilling Wastewater Treatment, Handling Guidance

Notice of new technical guidance designed to ensure compliance with updated wastewater-

treatment regulations and radiation protection plan requirements was published by the

Department of Environmental Protection in theNovember 12 PA Bulletin.

The guidance explains revisions to Title 25 Chapter 95 of the Pennsylvania Code that

require new or expanded sources of natural gas wastewater to treat the wastewater to the federal

drinking water standard of less than 500 milligrams per liter of total dissolved solids prior to

discharge.

published notice of changes to final guidance relating to the discharge of Total Dissolved Solids

under NPDES permits.

(Note: This document may be temporarily unavailable online due to an upgrade ofDEP's

eLibrary system.)This technical guidance is another step in this administrations continuing efforts to

protect Pennsylvanias water resources, DEP Secretary Mike Krancer said. This document

clearly communicates to any facility seeking to increase its discharge of treated wastewater or to

any facility seeking to start accepting wastewater that they must meet certain obligations.

Krancer also said the guidance will ensure consistency in the departments decision-

making process in issuing these permits.
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In April 2011, Krancer called on the natural gas industry to stop sending unconventional

gas production wastewater to facilities that were permitted prior to revisions to the Chapter 95

regulations, which took effect in August 2010.

The industry quickly complied. To ensure the continued protection of state waterways,

the department is now issuing this guidance to explain the regulations governing new and

expanded sources of discharged wastewater.The technical guidance document will assist DEPs permitting staff in implementing the

new total dissolved solids effluent standard for discharges of treated natural gas wastewater.

The revised Chapter 95 regulations ensure that drinking water, waterways, and

watersheds in the state are not impacted by high levels of total dissolved solids. The most

common total dissolved solids in Pennsylvania are chlorides and sulfates.

The guidance also clarifies that all facilities that accept shale gas extraction wastewater

that has not been fully pre-treated to meet the discharge requirements must develop and

implement a radiation protection plan. Such facilities must also monitor for radium-226,

radium-228, uranium and gross alpha radiation in their effluent.

The department will host web-based training sessions in the coming weeks to explain the

implementation of the guidance document to treatment plants and their customers.DEP regulates the treatment and discharge of industrial wastewater in the state as part of

its administration of the federal National Pollutant Discharge Elimination System (NPDES).

The new guidance will go to DEP's Water Resources Advisory Committee and the Oil

and Gas Technical Advisory Board for review.

For more information, contact Thomas Starosta by calling 717-787-4317 or send email

to: [email protected].

PUC Seeks Comments On Oversight Of Natural Gas Distribution Systems

The Public Utility Commission Thursday issued for commentproposed procedures that willenhance safety of the states natural gas distribution systems.

These plans will tentatively be required to include infrastructure replacement time

frames and a proposal for the means by which the cost of the infrastructure replacement program

should be addressed in rates, PUC Chairman Robert F. Powelson and Vice Chairman John F.

Coleman Jr. said in a statement. While the commission is currently only seeking to have natural

gas utilities file such plans, we wish to put Pennsylvanias electric distribution companies on

notice that we anticipate developing a similar requirement for the electric industry in the near

future.

The Commission voted 5-0 to seek comments on proposed pipeline replacement and

performance plans and to require leak surveys during winter months (Docket

#M-2011-2271982). Comments are to be filed by December 2, 2011.The proposed pipeline replacement and performance plans apply to companies having

annual intrastate operating revenues over $40 million.

The Commissions action is in response to the changing scope of federal gas safety

regulations, the continuing pipeline development resulting from Marcellus Shale and recent

tragic incidents. All these factors highlight the need for the Commission to establish a new

framework for natural gas and hazardous liquids safety.
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The proposal calls for the utilities to file Pipeline Replacement and Performance Plans

with the Commission for review. The proposal says the plans are to include replacement

timeframes and performance metrics that include damage prevention, corrosion control and

distribution system leaks.

Under the proposal, plans would be submitted in spring/summer 2012 with final approval

to follow in late 2012/early 2013.The Commission action also requires the utilities to provide distribution integrity

management program plans, which are required by the federal government, with the PUC by

November 30, 2011.

Also, the PUC annually requests that natural gas utilities perform frost patrols, which are

leak surveys that utilities perform when the ground begins to freeze. In todays action, the

Commission made the surveys a requirement starting November 1 of each year and ending April

30.

The leak surveys are to be conducted weekly or monthly, depending on the location and

size of the line. The utilities are required to report to the PUC all leaks on a biweekly basis and

provide a schedule for repairing all reported leaks.

A copy of the proposal is available online.NewsClips: PUC Posts New Rules For Gas Pipelines

PUC Accepts Withdrawal Of Laser NE Pipeline Utility Application

DEP Sets Hearing On Lycoming Natural Gas Compressor Station For Dec. 15

The Department of Environmental Protection will hold a public meeting and hearing on

December 15, to discuss an Air Quality plan approval application from Chief Gathering LLC for

expansion of the companys Barto Compressor Station in Penn Township, Lycoming County.

The 6:30 p.m. meeting will be held at the Picture Rocks Volunteer Fire Co. at 180 N.

Main St.Staff from DEPs Air Quality program will explain the application review process and

applicable regulations, and Chief officials will review the project with the audience, DEP

North-central Regional Director Nels Taber said. These presentations will be followed by a

question-and-answer session, so that DEP and the company can hear about residents concerns

and provide needed information.

Chief Gathering LLC submitted the Air Quality plan approval application to DEP on

April 19. The plan would include four natural gas-fired reciprocating internal combustion

engines to provide power to natural gas compressors, which would increase the pressure of the

incoming natural gas to the facility and discharge the gas at a higher pressure for transport to a

network of pipelines. It would also include controls for the new engines and establish more

stringent emission limits for the existing engines.DEP published a notice of intent to issue the plan approval in the Pennsylvania Bulletin

on Sept. 17 and asked for public comment. A significant number of citizens requested that the

agency hold a public meeting or public hearing to discuss the application.

During the 8 p.m. public hearing portion of the evening, the public will have an

opportunity to present up to five minutes of oral testimony about the application. Written

testimony of any length will also be accepted. The testimony will be recorded by a court reporter
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and transcribed into a written document, and DEP will create a written response to all relevant

testimony provided during the public hearing.

Those who wish to present oral testimony may register that evening prior to the hearing.

For anyone unable to attend the public hearing, written comment should submitted by the

close of business on December 27 to: DEP Air Quality Program Manager, 208 West 3rd St.,

Suite 101, Williamsport, PA 17701.Individuals in need of an accommodation as provided for in the Americans with

Disabilities Act of 1990 should contact Daniel Spadoni at 570-327-3659 or through the

Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD).

Corbett Signs Interstate Agreement To Develop Natural Gas Vehicles, Infrastructure

Gov. Tom Corbett announced Wednesday he has signed a memorandum of understanding with

the governors of Colorado, Oklahoma and Wyoming that will encourage U.S. auto

manufacturers to develop new natural gas-powered vehicles.

The states have agreed to work toward switching their vehicle fleets to cleaner-burning

natural gas. They will also develop a joint request for proposal to the auto industry to combinethe four states future vehicle purchases, which will help to increase demand for such vehicles in

the marketplace.

Natural gas has created tens of thousands of jobs in Pennsylvania and can create

hundreds of thousands more in this country once weve developed the right infrastructure,

Corbett said. I am pleased to work with Governors Hickenlooper, Fallin and Mead to improve

our nations energy security.

The memorandum notes the four governors concern that more than 60 percent of the

nations oil, a majority of which is used as transportation fuel, is imported. As a result, the

transportation sector is at constant risk from market volatility, supply shortages and geopolitical

uncertainties.Corbett has agreed to work with Colorado, Oklahoma and Wyoming to promote cost

parity for consumers seeking to purchase natural gas vehicles by aggregating their states

purchases of vehicles.

Pennsylvania has always led on energy issues, and I am pleased that we will continue to

lead by fostering demand for this abundant, clean-burning and domestic resource, Corbett said.

NewsClip: State Pushes For Natural Gas Cars

Ben Franklin Posts $50,000 Marcellus Shale Innovation Prizes

The Ben Franklin Technology Partners of Central and Northern PA are offering two prizes

totaling $50,000 for companies or entrepreneurs aspart of a contest to support technology andresearch innovation in natural gas exploration. Entries are due January 30.

The contest is designed to find the best new ideas that will improve economic return from

the growing gas industry in Pennsylvania, according to Ben Franklin.

Ben Franklin, a state-backed investment group, is offering the prizes through its Shale

Gas Innovation and Commercialization Center.

The contest also is sponsored by: Marcellus Shale Coalition, a Washington County-based

group representing gas exploration companies; Little Pine Resources, a Dallas-based gas drilling
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company with offices in Clearfield County; Chesapeake Energy Corp., the Oklahoma City-based

oil and gas company with significant operations in Pennsylvania; First National Bank, based in

Mercer County; and Schlumberger Ltd., a Houston-based provider of well site operations,

engineering and services to oil and gas companies.

Applicants cannot have received past Ben Franklin funding and must have a presence in

central and northern Pennsylvania, or plan to move here. Click Here for details.

Marcellus/Energy Crime Stoppers Expands To Pennsylvania

Energy Crime Stoppers, an anti-crime program launched three years ago in Texas by the Energy

Security Council, expands into Pennsylvania. The announcement was made Thursday by

officials of ESC and Pennsylvania Crime Stoppers.

Energy Crime Stoppers will concentrate resources and publicity throughout the Marcellus

Shale, a formation rich in natural gas that has attracted intense drilling and production activity.

Energy Crime Stoppers consists of a 24-hour hotline (888-645-TIPS) that receives

information on energy-related crime from anonymous callers that is directed to local law

enforcement agencies.The program provides a reward of up to $1,000 for information leading to arrest and

conviction, and is promoted by signage, billboards, stickers and other materials with the hotline

number. The program offers a computer application for automating the reporting process that

can be downloaded to cell phones and still maintain anonymity.

Costs of Energy Crime Stoppers are borne completely by the 130 member companies of

ESC.

"We're excited to have PA Crime Stoppers join with us in preventing and prosecuting

energy-related crime," said Susan Rogers, who directs Energy Crime Stoppers and is executive

director, Odessa Crime Stoppers program. "Pennsylvania is the ninth state where Energy Crime

Stoppers operates. It has proved to be an important and effective deterrent with no costs to lawenforcement, the state or local communities."

Pennsylvania joins Texas, Arkansas, Colorado, Louisiana, Oklahoma, New Mexico, Utah

and Wyoming as states with Energy Crime Stoppers.

"We believe Energy Crime Stoppers will be an important complement to our own crime

prevention efforts in the Marcellus Shale," said Jeff Fagan, president, PA Crime Stoppers.

"Drilling and production activity in the Marcellus represents a huge economic boon to our state.

Its continued development requires that we have necessary resources on hand to prevent and

mitigate crime and ensure public safety."

In addition to Energy Crime Stoppers, ESC offers training to state and local law

enforcement agencies to familiarize them with drilling and production sites, safety procedures,

and transportation aspects of the business, explained ESC board member Ed Dillard."We've already conducted law enforcement training in Pennsylvania. These training

programs, coupled with the hotline, have combined to create an important resource for law

enforcement, and it's all paid for by our member companies," Dillard said.

The Marcellus Shale program will be coordinated with the assistance of PA Crime

Stoppers, said Kira Lemmons, coordinator of the Pennsylvania program.

"We're looking forward to merging our efforts with Energy Crime Stoppers. The

resources they're providing will greatly enhance our programs," Lemmons said. Pennsylvania
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Crime Stoppers is an independent organization whose activities are coordinated by Pennsylvania

State Police.

Crime stoppers organizations, law enforcement, energy companies and vendors interested

in joining the Energy Crime Stoppers program can contact ESC. ESC is a security-focused

international non-profit professional networking organization with a mission to enhance safety,

security and business operations of its diverse member companies, corporations and associates.

Spotlight

Who Will Pay For Shale Gas Well Reclamation In Pennsylvania?By Austin L. Mitchell, Ph.D. Candidate, Carnegie Mellon University

Neither Pennsylvanias current nor proposed oil and gas well bonding requirements for private

lands will cover the costs of well site restoration and well plugging, over $100,000 per well.

Today, shale gas operators in Pennsylvania must post either a bond of $2,500 for each well or a

single bond of $25,000 to cover all the wells they drill in the state.The Marcellus Shale Advisory Commission and Governor Corbett proposed raising the

individual well bond to $10,000. These amounts undermine the intent of the bonding program

enacted under the Oil and Gas Act of 1984, to ensure that private parties assume their

reclamation liabilities.

1. Shale gas well production rates decline rapidly, and more than half of total production is

expected to occur in the first 10 years. To minimize the risk of well owner default on reclamation

liabilities, it is prudent to collect funds for reclamation when the wells are most profitable, during

the first 10 years of production.

If owners cannot pay for reclamation, the burden falls on the taxpayers. The cost will

exceed $100,000 per well, not $2,500 or $10,000. Improperly abandoned wells deterioratestructurally over time and cost even more to reclaim.

2. To make existing well reclamation regulations workable, Pennsylvania needs to improve

production reporting.

State law requires that oil and gas wells must be properly plugged and well site restored

one year after production ceases. By not reporting production, owners can indefinitely postpone

enforcement of these requirements. Operators may apply for inactive status as a legal means to

delay reclamation. Accurate and timely production data will prevent abuse of these rules. From

2007-2009, nearly 17,000 active oil and gas wells did not report production.

3. Alternative financial tools to ensure reclamation liabilities are privately funded should be

evaluated because bonds are inflexible.

Oil and gas well bonds are inflexible to changes in the cost of reclamation, and current

bonding requirements have not been adjusted since enactment in 1984. Blanket bonds should be

eliminated because on a per-well basis, even less money is collected.
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4. Trust accounts are used to fund long-term pollution control projects in Pennsylvanias mining

industry. In the shale gas industry, interest-bearing reclamation trust accounts, funded by fees or

severance taxes are also workable solutions.

Funding an individual well trust account with a severance tax or pre-drilling fee has a

small impact on operator profitability, but wont cover reclamation costs of dry-holes and poorly

producing wells. A solution to this problem could be a contract clause requiring operators to beresponsible for any shortfall in the trust.

NewsClips: Study: Marcellus Shale Well Bonding Proposals Inadequate

Study: Taxpayers To Bankroll Gas Well Bonding

Austin L. Mitchellis a Ph.D. Candidate at Carnegie Mellon University and can be contacted by

sending email to: [email protected].

Editor's Note: This is an abstract of an articl

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