Pa Environment Digest Sept. 15, 2014

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PA Environment Digest

An Update On Environmental Issues In PAEdited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business PartnerOf The Year Award

Harrisburg, Pa September 15, 2014

Senate, House Return For 11 Voting Days Before November Election

Monday the Senate and House return to voting session and begin one ofthe shortest Fall sessions in

recent years. Only 11 voting days are scheduled between now and the November 4 election, 50 days

away.

Republican Senate and House Leaders have already said there will be no lame duck sessionafter the election, so whatever gets done, or not, in the next few weeks will be all she wrote for

legislation for the year.

As the schedule stands now, any bills not on the Governors desk by October 15 will have to

start over in January.

Some of the environmental bills that could be in play in the Senate and House (which means bills

that have been moving or have at least passed one chamber or are key issues) include--

House

-- Elimination Of Buffer Requirement:House Bill 1565(Hahn-R-Northampton) eliminating the

current requirement for stream buffers in High Quality and Exceptional Value streams. The House

Environmental Resources and Energy Committee is scheduled to act on the bill Monday. Click Here

for background on the bill.-- Conventional Well Regulation:House Bill 2350(Causer-R-Cameron) regulating conventional oil

and gas wells differently than unconventional, Marcellus Shale wells, was reported from the House

Rules Committee Monday and Tabled. A provision similar to this was included in the Fiscal Code bill

signed into lawin July, but the House still moved this bill Monday. Click Herefor background on the

bill.

-- Eliminating Protections For Endangered Species:House Bill 1576(Pyle-R-Armstrong) would

eliminate some protections for endangered species and set additional requirements for adopting Wild

Trout Streams. The bill was Tabled in the House. Click Herefor background on the bill.

-- Sewer/Water P2 Partnerships:House Bill 2239(Evankovich-R-Armstrong) authorizing

public-private partnerships for sewer, water, school district projects was reported out of the House

Rules Committee Monday and Tabled.-- Aggregate Advisory Board:Senate Bill 1155(Scarnati-R-Jefferson) creating a Aggregate

Advisory Board within DEP- sponsor summary-- is scheduled to be considered by the House

Environmental Resources and Energy Committee Monday.

-- Impact Of Wind Turbines:House Resolution 925(Rapp-R-Forest) directing the Joint State

Government Commission to study the impact of wind turbines in Pennsylvania, in particular the impact

on migratory birds and of forest removal- sponsor summary-- is scheduled to be considered by the

House Environmental Resources and Energy Committee on Monday.

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-- Leasing State Lands For Mineral Development:Senate Bill 1443(White-R-Indiana) amending

the Indigenous Mineral Resources Development Act to authorized state agencies (other than DCNR) to

release mineral rights whether they owned the surface rights or not is in the House Environmental

Resources and Energy Committee.

-- Natural Gas Royalties: House Bill 1684(Everett-R-Lycoming) which seeks to clarify a minimum

royalty payment in state law has been on the House Calendar for action.-- Natural Gas Royalties:Senate Bill 1236would expand upon the Oil and Gas Lease Act by

allowing royalty interest owners the opportunity to inspect records of natural gas companies to verify

proper payments. In addition, the bill requires all royalty payments be made within 60 days of

production unless otherwise stated in the contract. Any delinquent payments are to be paid with

interest. The bill is in the House Environmental Resources and Energy Committee.

-- Natural Gas Royalties:Senate Bill 1237would prohibit a gas company from retaliating against any

royalty interest owner by terminating their lease agreement or ceasing development on leased property

because a royalty interest owner questions the accuracy of current royalty payments. Companies found

to have violated the provisions of this act face civil penalties of up to $1,000 per day. The bill is in the

House Environmental Resources and Energy Committee.

-- Natural Gas Royalties:Senate Bill 1238would require a gas company to record a surrenderdocument in the county Recorder of Deeds office where the oil and gas well is located within 30 days

upon expiration, termination, or forfeiture of an oil and gas lease. The surrender document will release

the gas companys interests in the oil and gas. This is similar to what a mortgage company would be

required to do after a mortgage was paid in full. The bill is in the House Environmental Resources and

Energy Committee.

-- Nuclear Reactor Fees:Senate Bill 1355(Yaw-R-Lycoming) increasing fees paid by nuclear

reactors to fund DEP oversight program is in the House Environmental Resources and Energy

Committee.

-- Variable Electric Rate Contracts: House Bill 2104(Godshall-R-Montgomery) further providing

for consumer protections in variable rate electric supplier contracts is on the House Calendar for action.

-- State Geospatial Coordinating Board:Senate Bill 771(Gordner-R-Columbia) establishing the

State Geospatial Coordinating Board is on the House Calendar for action.

-- North American Oil Reserves: House Resolution 249(Swanger-R-Lebanon) supporting

increased development and delivery of oil from North American oil reserves- sponsor summary-- is on

the House Calendar for action.

Senate

-- Drinking Water Well Standards: House Bill 343(Miller-R-York) setting standards for drinking

water wells is in the Senate Environmental Resources and Energy Committee.

-- Legislative Approval Of DEP Climate Plan:House Bill 2354(Snyder-D-Fayette) which requires

Senate and House approval of any plan DEP submits to the U.S. Environmental Protection Agency to

reduce greenhouse gas emissions from existing power plants is in the Senate Environmental Resourcesand Energy Committee. Click Here for background on the bill.

-- Eliminating Protections For Endangered Species:Senate Bill 1047(Scarnati-R- Jefferson)

would eliminate some protections for endangered species and set additional requirements for adopting

Wild Trout Streams. The bill is in the Senate Game and Fisheries Committee. Click Herefor

background on the bill.

-- Conventional Well Regulation:Senate Bill 1378(Scarnati-R-Jefferson) regulating conventional oil

and gas wells differently than unconventional, Marcellus Shale wells, is in the Senate Appropriations

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followed by the legacy of coal mining and impacts from abandoned mine drainage, as well as polluted

runoff, or stormwater, from our urban and suburban communities, including roads.

Healthy families, strong communities, and a thriving Pennsylvania economy depend on clean

water, said Harry Campbell, CBFs Pennsylvania Executive Director. We applaud and thank the

Commissioners of Wyoming County for publicly voicing their support for clean water for the Keystone

State.In addition to calling on local officials to pass resolutions, CBF is also asking something of

citizens.

Were asking all Pennsylvania residents to show their support for clean water by signing the

Clean Water Counts online petition, said Campbell. It takes only a few minutes, but it goes a long way

toward demonstrating the importance of clean water to our elected officials.

Online petition signatures will be accepted through October 18th, the anniversary of the Clean

Water Act.

To learn more about the campaign go to CBF-PAs Clean Water Countswebpage.

NewsClips:

Earth Conservancy Passes Halfway Point In Mine Reclamation

Panel To Discuss Acid Mine Drainage Oct. 21 In Hazleton Wastewater Plant To Cut Chlorides

Testing Cannot Explain Dirty Well Water In Susquehanna

Amerikohl Mining Settles Charges

EPA Settles Clean Water Act Violations At Mines

Earth Conservancy Passes Halfway Point In Mine Reclamation

Panel To Discuss Acid Mine Drainage Oct. 21 In Hazleton

Presque Isle Group Hears About Algae Blooms, Fish Tumors

PEC Policy Conference Features Senate, House Environmental Committee Chairs Sept. 17

The Pennsylvania Environmental Councilwill be hosting an

Environmental Policy Conferenceon September 16th and

17th in Harrisburg that will feature, among other panelists, all

four Chairs of the Senate and House Environmental

Resources and Energy Committees.

Majority Chair Senator Gene Yaw (R-Bradford,

Lycoming, Sullivan, Susquehanna, and Union Counties)

Minority Chair Senator John Yudichak (D-Carbon, Luzerne,

and Monroe Counties) Majority Chair Representative Ron

Miller (R-York County), and Minority Chair Representative

Greg Vitali (D-Delaware County will be speaking onenvironmental legislative priorities for the remainder of the

current session, as well as forecasting key issues for 2015

and beyond.

The Policy Conference also feature panels on Shale

Gas Development in Pennsylvania how Pennsylvania will

adapt to pending federal rules on greenhouse gas emissions

and a review of the diverse water management issues facing

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our Commonwealth.

This Conference will be a unique opportunity to hear from key environmental policy makers in

the General Assembly and other environmental leaders on some of the most pressing issues facing

Pennsylvania, said Davitt Woodwell, President and CEO of PEC. Pennsylvania is at a critical

crossroads in how we deal with future Marcellus Shale-related development, climate change and water

resource issues. We hope the Conference discussion will help identify some of the policy choices weneed to make to help ensure a more sustainable future in the Commonwealth.

Each panel will feature diverse interests and recognized experts in each area along with an

opportunity for attendees to ask questions to promote an open dialog on these issues.

Click Herefor the full agenda, list of speakers and registration information for the Conference.

PEC will be providing free access to media representatives on September 17th. Please contact

Sue Gold at 412-481-9400 for more information.

2014 Ohio River Watershed Celebration Sept. 18 At North Park, Allegheny County

The 2014 Ohio River Watershed Celebrationwill be held on September 18 atNorth Park, Allegheny

County. This years theme is-- Connected Through Our Streams, The Pine Creek Experience.Come out and see a drone take water samples remotely from the lake, take a canoe ride, watch

trained raptors in flight, participate in a guided tour of the watershed, or join in other interesting

activities. Watershed restoration efforts throughout Pennsylvania will also be highlighted.

The event as well as parking is free however, registration is required as space is limited for

some venues.

For more information, visit the Ohio River Watershed Celebrationwebsite or email:

[email protected].

NewsClips:

Earth Conservancy Passes Halfway Point In Mine Reclamation

Panel To Discuss Acid Mine Drainage Oct. 21 In Hazleton

Wastewater Plant To Cut Chlorides

Testing Cannot Explain Dirty Well Water In Susquehanna

Amerikohl Mining Settles Charges

EPA Settles Clean Water Act Violations At Mines

Earth Conservancy Passes Halfway Point In Mine Reclamation

Panel To Discuss Acid Mine Drainage Oct. 21 In Hazleton

Presque Isle Group Hears About Algae Blooms, Fish Tumors

Add Us To Your Google+ Circle

PA Environment Digest now has a Google+ Circle called Green Works In PA. Just go to yourGoogle+ page and search for [email protected], the email for the Digest Editor David

Hess, and let us join your Circle.

Google+ now combines all the news you now get through the PA Environment Digest, Weekly,

Blog, Twitter and Video sites into one resource.

Youll receive as-it-happens postings on Pennsylvania environmental news, daily NewsClips

and links to the weekly Digest and videos.

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Also take advantage of these related services from Crisci Associates--

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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--

Bill Calendars

House (September 15): House Bill 202(Harper-R-Montgomery) prohibiting standby water service

charges for fire companies House Bill 1684(Everett-R-Lycoming) which seeks to clarify a minimum

royalty payment in state law House Bill 2104(Godshall-R-Montgomery) further providing for

consumer protections in variable rate electric supplier contracts House Resolution 249

(Swanger-R-Lebanon) supporting increased development and delivery of oil from North American oil

reserves- sponsor summary Senate Bill 771(Gordner-R-Columbia) establishing the State Geospatial

Coordinating Board. Click Herefor full House Bill Calendar.

Senate (September 15):All bills on the Senate Calendar were Tabled as per the Senate procedure

for a summer break. Click Herefor full Senate Bill Calendar.

Committee Meeting Agendas This Week

House:the Environmental Resources and Energy Committeeholds a meeting to consider House

Bill 1565(Hahn-R-Northampton) eliminating the current requirement for stream buffers in High Quality

and Exceptional Value streams-background on bill Senate Bill 1155(Scarnati-R- Jefferson) creating a

Aggregate Advisory Board within DEP- sponsor summary House Resolution 925(Rapp-R-Forest)

directing the Joint State Government Commission to study the impact of wind turbines in Pennsylvania,

in particular the impact on migratory birds and of forest removal- sponsor summary-- and a hearing on

U.S. EPAs proposed clean energy greenhouse gas regulation the State Government Committee

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holds a hearing on House Bill 2408(Christiana-R-Beaver) requiring state agencies to post notices of

meetings and agendas-- sponsor summarythe Game and Fisheries and Transportation

Committeeshold joint informational meeting to receive annual report by the Fish and Boat Commission

Click Herefor full House Committee Schedule.

Senate:the Appropriations Committeemeets to consider Senate Bill 720(Baker-R-Luzerne)creating an Individual and Public Disaster Assistance Grant Program-- sponsor summary. Click

Herefor full Senate Committee Schedule.

Bills Pending In Key Committees

Here are links to key Standing Committees in the House and Senate and the bills pending in each--

House

Appropriations

Education

Environmental Resources and EnergyConsumer Affairs

Gaming Oversight

Human Services

Judiciary

Liquor Control

Transportation

Links for all other Standing House Committees

Senate

Appropriations

Environmental Resources and Energy

Consumer Protection and Professional Licensure

Community, Economic and Recreational Development

Education

Judiciary

Law and Justice

Public Health and Welfare

Transportation

Links for all other Standing Senate Committees

Bills Introduced

The following bills of interest were introduced this week--

Severance Tax:Senate Bill 1439(Tomlinson-R-Bucks) impose a severance tax on natural gas

production with the proceeds used to pay for state employee and school employee pension costs-

sponsor summary.

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Riparian Buffer Restoration:Senate Bill 1465(Rafferty-R-Montgomery) requiring the protection

and restoration of riparian buffers- sponsor summary.

Session Schedule

Here is the latest voting session schedule for the Senate and House--

House

September 15, 16, 17, 22, 23, 24

October 6, 7, 8, 14, 15

November 12

Senate

September 15, 16, 22, 23, 24

October 6, 7, 8, 14, 15

November 12

Senate/House Bills Moving

The following bills of interest saw action this week in the House and Senate--

Conventional Well Regulation:House Bill 2350(Causer-R-Cameron) regulating conventional oil

and gas wells differently than unconventional, Marcellus Shale wells, was reported from the House

Rules Committee and Tabled.

Sewer/Water P2 Partnerships:House Bill 2239(Evankovich-R-Armstrong) authorizing

public-private partnerships for sewer, water, school district projects was reported out of the HouseRules Committee and Tabled.

News From The Capitol

House Committee To Consider Bill Removing Stream Buffer Protection Sept. 15

The House Environmental Resources and Energy Committeeis scheduled to hold a meeting on

September 15 to consider legislation to remove the stream buffer requirements in special protection

watersheds, creating an Aggregate Advisory Board within DEP and to study the impact of wind turbines

on forested areas. The bills include--

-- House Bill 1565(Hahn-R-Northampton) eliminating the current requirement for stream buffers inHigh Quality and Exceptional Value streams-background on bill(amendment expected)

-- Senate Bill 1155(Scarnati-R- Jefferson) creating a Aggregate Advisory Board within DEP- sponsor

summary and

-- House Resolution 925(Rapp-R-Forest) directing the Joint State Government Commission to study

the impact of wind turbines in Pennsylvania, in particular the impact on migratory birds and of forest

removal- sponsor summary.

The meeting will be held in Room 39 East Wing of the Capitol Building starting at Noon.

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Rep. Ron Miller (R-York) serves as Majority Chair and Rep. Greg Vitali (D-Delaware) serves

as Minority Chair.

House Hearing On EPA Proposal To Reduce Greenhouse Gas Emissions Sept. 16

The House Environmental Resources and Energy Committeeis scheduled to hold a hearing on EPAsproposed Clean Power PlanSeptember 16 in Room 60 East Wing starting at 9:00 a.m. Tentatively

scheduled to testify are--

-- John Pippy, CEO, PA Coal Alliance

-- Jake Smeltz, Electric Power Generation Association

-- Christine Simeone, PennFuture

-- Kevin Sunday, PA Chamber of Business and Industry

-- Stu Bresler, VP Market Operations, PJM Interconnection and

-- Phil Smith, Director of Governmental Affairs, United Mine Workers of America.

Before adjourning for the summer, the House Environmental Resources and Energy Committee

reported out and the House passed House Bill 2354(Snyder-D-Fayette) which requires Senate and

House approval of any plan DEP submits to the U.S. Environmental Protection Agency to reducegreenhouse gas emissions from existing power plants.

The bill is now in the Senate Environmental Resources and Energy Committee which this

summer held two hearings on EPAs Clean Power Plan.

Rep. Ron Miller (R-York) serves as Majority Chair of the House Environmental Committee

and Rep. Greg Vitali (D-Delaware) serves as Minority Chair.

NewsClips:

Indiana County Opposes EPA Climate Change Rule

Global Warming, Polar Vortex Could Make Long Allergy Season

Scientists: Ozone Layer Recovering But Not Healed

Audubon Study: Birds At Risk From Climate Change

Gas Development Might Impact Forest Birds

Climate Controversy Pushing Scientists To Be Better Communicators

Editorial: Deep Hole For Denial Over Climate Change

News From Around The State

Brodhead Watershed Association Celebrating 25 Years In Monroe County

From a small donated office in Paradise Township, the Brodhead Watershed Associationtouches the

lives of people throughout much of Monroe County.

We help protect drinking water for thousands of people in the county, said Edie Stevens, oneof the founders of Brodhead Watershed Association. Our Streamwatchersmonitor water quality, we

advocate for sensible development practices that keep water pure, and we work to educate the public

about how they can help keep their drinking water safe.

The Brodhead Watershed stretches from Canadensis to Brodheadsville and from Mount

Pocono to Stroudsburg. Started in 1989, BWA is a member-supported organization, dedicated to

protecting water quality and quantity throughout the watershed.

Programs include trained volunteer Streamwatchers, geocaching along creeks and streams, rain

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garden and rain barrel promotion, management of invasive plant species, streambank planting and

restoration, and native plant sales and information.

At bridges throughout the watershed, the signs you see identifyingthe creek or stream you are

crossing are placed by the BWA.

A party celebrating BWAs silver anniversarywill be held on October 2 from 6 p.m. - 10 p.m.

at the Chateau at Camelback. The celebration includes a cash bar, music and hors doeuvres, dinnerand program, and silent auction.

Tickets for BWA members are $36 each, $41 for non-members. Reservations due by

September 18. You can sign up to attend the celebration, or join BWA at their website.

"It may be difficult to envision the changes in Monroe County twenty-five years from now, but I

would hope that the BWA is still here, and still fulfilling its mission...protecting and improving water

resources and the environment in the Brodhead and Cherry creek watershed. BWA draws on the

vitality of our membership and the contributions they have made to further the health of the watershed,

and enhance the quality of life that is so important to residents and businesses alike," said BWA

President John Smith, PhD

Did You Know...

-- Pennsylvania has more miles of creeks and streams than any other state in the nation, except Alaska,which is 10 times the size of PA.

-- A babys body is 75 percent water at birth. Adult men are about 60 percent water, adult women

about 55 percent.

-- All the water that ever existed is on the planet or in the atmosphere today -- continually recycled

through the earth, trees and other plants, and atmosphere. Nobodys making any new water, so wed

better take care of what weve got!

Westmoreland Conservation District Presents Conservation Awards

The Westmoreland Conservation DistrictWednesday presented two awards for outstanding

conservation service and inducted a former District director posthumously into its Hall of Honor.

Receiving awards are: David and Barbara McMillan Farmer of the Year Adam Eidemiller,

Inc. J. Roy Houston Conservation Partnership Award sponsored by Peoples Natural Gas and

Dorothy Stoner is being inducted into the Hall of Honor.

-- 2014 Conservation Farmers of the Year David and Barbara McMillan: The McMillans are

being recognized for their use of best practices in small-scale agricultural conservation. Having

outgrown their former homestead, they purchased a 95-acre property in Donegal Township ten years

ago and entered the world of agricultural conservation -- a world theyve embraced with great passion

and dedication, incorporating a variety of conservation measures on their farm.

The McMillans have lined the banks of Champion Creek on their property with native trees and

shrubs, protecting the creek from sediment and keeping the water cool for macro invertebratesbuilttwo stabilized places for crossing the stream with farm equipment and horses without creating

erosionselectively cleared poor-quality trees from 35 acres of their 65-acre forest installed

waterbars to reduce erosion on old logging roadsand established three-season flower beds to

encourage pollinators and warm-season grass habitats for pheasants and other wildlife.

Theyve even applied conservation principles in the construction and running of their

18th-century hand-hewn log home, with inspiration drawn from the Districts barn and GreenForge

demonstration site.

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Much like our barn, the McMillans log cabin home features many re-purposed building

materials such as slate from a former school and chestnut beams from a 200-year old barn, wood

paneling from trees downed during a tornado, solar power in their agricultural buildings, and geothermal

heating in their home. Their kitchen garden is built on a shale slope where they get things to grow by

using planting pockets patterned after the planting wall at GreenForge.

The McMillans hope to inspire ordinary folks like themselves to also incorporate small-scaleconservation practices, living by the principle that nothing goes to waste everything is recycled,

re-purposed, or re-integrated into the natural environment.

-- 2014 J. Roy Houston Conservation Partnership Award Adam Eidemiller, Inc.:Over the past

90 years, Adam Eidemiller, Inc. has been a major force in large-scale regional projects that involve

moving earth and managing stormwater from farming to coal mining highway construction to

commercial and residential development.

Among other projects, Adam Eidemiller, Inc. developed Westmoreland Mall and built

substantial sections of the Pennsylvania Turnpike.

And through it all, this family-owned company has been a model conservation partner,

embracing the conservation ethic, following best management practices such as sediment ponds to

control erosion on its work sites and incorporating state-of-the-art measures such as rain gardens tomanage stormwater.

In addition to all that Adam Eidemiller, Inc. has done for the conservation of our natural

resources on its own projects, the company also has partnered directly with the District to put

conservation projects on the ground throughout our county, such as the conversion of an unused tennis

court at Valley High School into an infiltration parking lot along Little Pucketa Creek in New

Kensington.

They also have been generously supportive of the Districts operations and needs, providing

in-kind services during the construction of the J. Roy Houston Conservation Center (all the excavation

work and access to heavy equipment), during the expansion of our campus (excavation and stone for

the link to the Public Works building), and during the rehabilitation of Green Forge (excavation work

and providing asphalt and paving).

The company also has been a major sponsor of our banquet and of our Envirothon competition,

and has advertised in our Landmarks newsletter/magazine since 1990.

The J. Roy Houston Partnership Award is sponsored by Peoples Natural Gas Company.

-- Hall of Honor Dorothy Stoner Conservation and Dairy Farming Advocate: Dorothy Stoner

was a passionate advocate for conservation and dairy farming.

For upwards of 50 years, Dorothy and her husband Richard ran a model 260-acre dairy farm in

Unity Township where they incorporated state-of-the-art conservation measures and best management

practices to keep their cows healthy and the surrounding land and water including the headwaters of

Sewickley Creek clean.

The depth of their commitment to conservation led the District to name them ConservationFarmer of the Year in 2001.

Dorothy wanted more than anything to keep area dairy farming viable. She saw conservation as

one way to do that and so she promoted the value of these practices to other farmers.

She also took her message to legislators and government officials, advocating through the

boards she served on, including the Farm Service Agency and the Westmoreland Conservation District

(director, 1995-2006 associate director, 2009-2011), that farmers should receive the same supports

available to other small businesses.

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And she planned for the future. Over the years, she hosted hundreds of elementary school

students at her farm, where they discovered that milk comes from cows, not the supermarket, what life

is like on a dairy farm, and the joys of choosing agriculture as a profession.

Dorothy gained broad support for her message because she spoke with passion, and with the

authority of experience. It also didnt hurt that her delivery included her characteristic broad smile,

gentle tone, and more often than not, a few of the just-out-of-the-oven sweets she loved to bake.Dorothy was a valuable voice of reason that helped our District lay solid foundations in a

number of areas, including the development of our conservation education program and the creation of

the Districts first-ever employee handbook.

Dorothy also contributed ideas and support for our yearly banquet, pitching in to help with

everything from addressing invitations to curing up a batch of her delicious homemade sauerkraut large

enough to feed the 200 people at the event.

$3 Million In Small Water Sewer Program Grants Announced By CFA

The Commonwealth Financing AgencyTuesday announced the award of $3 million in Small Water and

Sewer Program grants to 30 projects across the state. Click Herefor a list of grants awarded.

Save The Date: Delaware River Watershed Forum Oct. 21-22

The Coalition for the Delaware River Watershedwill hold its 2nd annual Delaware River Watershed

Forum October 21-22 at the Historic Hotel Bethlehemin Bethlehem, Pa.

On the first day get an update on collaborative efforts underway and momentum being

generated across the watershed, visit sites that illustrate approaches for protecting and improving water

quality followed by an evening reception at the ArtsQuest Center at Steelstacks.

On the following day hear public and private perspectives on opportunities and challenges in

protecting and restoring water resources and contribute your insights to ongoing discussions about

issues of importance to all who work to secure the future of the watershed.

Registration details will follow for this free event sponsored by the William Penn Foundation.

For more information, contact Kim Beidler at 609-392-1182 or send email to

[email protected].

DEP Reminds Citizens Sept. 9 Is Protect Your Groundwater Day

The Department of Environmental Protection encourages the public to protect public health and the

environment by honoring Protect Your Groundwater Day September 9.

The quality of groundwater impacts many aspects of our daily lives, DEP Secretary E.

Christopher Abruzzo said. I encourage everyone to consider ways they can protect and improvegroundwater for the benefit of all Pennsylvanians.

In Pennsylvania, nearly 1.5 million people rely on groundwater-supplied community water

systems, while another 2 million residents rely on individual household water wells. Well owners are

encouraged to an annual well test and ensure that the well is topped with a sanitary well cap.

All Pennsylvanians, regardless of whether or not they use a well as their water source, should

consider ways they can protect groundwater. Appropriate storage, use and disposal of hazardous

household substances, in addition to septic system maintenance, can improve groundwater quality for

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all.

Protecting groundwater through conservation is more important than ever. Drought, while not a

significant problem in Pennsylvania at this time, has the potential to put a strain on household water

wellssometimes resulting in a reduction or loss of flow as the water table drops.

Surface water is also affected by groundwater because natural discharge is needed to maintain

the flow in streams and rivers, especially during periods of little or no precipitation.Here are some actions that individuals can take to protect and conserve groundwater:

-- Store cleaning products and other household chemicals properly and in a secure place

-- Use household products according to the manufacturers recommendations

-- Dispose of household products safely

-- Install low-flow plumbing fixtures and aerators on faucets

-- Check for household leaks. A leaking toilet can waste up to 200 gallons of water each day

--Take short showers instead of baths and

-- Run dishwashers and washing machines only with full loads.

Private well owners should take the following steps to prevent contamination and ensure water

quality:

- Move possible contamination sources, such as kennels or livestock operations, waste systems, orchemical storage areas for paint, fertilizer, pesticides, and motor oil, a safe distance away from the

wellhead.

-- Test well water annually for coliform bacteria and nitrates, and anything else of local concern

-- Inspect and clean the septic system regularly

-- Inspect water well systems annually and

-- Decommission any abandoned wells properly.

In July the Housepassed House Bill 343sponsored by Rep. Ron Miller (R-York), Majority

Chair of the House Environmental Resources and Energy Committee, directing the Environmental

Quality Board to set construction standards for private water wells. Pennsylvania is one of the only

state in the country without standards.

The bill is now in the Senate Environmental Resources and Energy Committee.

For more information, visit DEPs Private Water Wellswebpage or theNational Groundwater

Associationswebsite.

EPA Fines Amerikohl Mining $140,000 For Violations At 22 Mining Sites

In a consent agreement announced Wednesday by the U.S. Environmental Protection Agency,

Amerikohl Mining, Inc., has settled Clean Water Act violations at 22 of its Pennsylvania mining

operations, including four active and 18 inactive mines in western Pennsylvania.

As part of the settlement agreement, Amerikohl will pay a $140,000 penalty and implement a

new standard operating procedure to ensure Clean Water Act compliance at existing and future miningoperations.

EPA cited Amerikohl for 157 violations at the 22 mining operations. Violations included

exceedances of Clean Water Act permit limits for discharges of pH, aluminum, iron, manganese and

total suspended solids.

Of the 22 mines covered by the settlement agreement, five are in Indiana County, four are in

Clarion County. The rest of the mines are in Washington, Butler, Armstrong, Beaver, Somerset,

Lawrence, Venango, Fayette, Clearfield, and Westmoreland Counties.

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September 17, 2013.

The ACE Program provides financial assistance in the form of grants and loan funds that will be

used by eligible applicants for the usage, development and construction of alternative and clean energy

projects in the state, including CNG and Liquefied Natural Gas (LNG) filling stations.

The company also received Alternative Fuels Incentive Grantawards totaling nearly $270,000

from the Department of Environmental Protection, to support the purchase of 35 natural gas vehicles byits partners at Comcast, Aqua America, H.B. Electric Services, and the Safelite Group, to be fueled at

the station.

AFIG grants are an annual solicitation, administered by DEP, providing financial incentive for a

variety of transportation projects with the result of reducing air emissions in Pennsylvania.

DEP will accept applications for heavy-duty natural gas vehiclesuntil November 14.

Gov. Corbett was joined by DEP Secretary Christopher E. Abruzzo, along with Philadelphia

Gas Works CEO Craig White.

In 2013, Pennsylvania became the second-largest natural gas producing state in the nation. The

abundance of low-cost natural gas has driven electric and natural gas prices down nearly 40 percent

since 2008, saving the average Pennsylvania resident nearly $1,200 annually in lower energy costs.

After importing 75 percent of its natural gas just five years ago, Pennsylvania has become a netexporter of gas for the first time in more than 100 years.

NewsClips:

First Public CNG Station Opens In Philadelphia

PA Trade Groups Join Push For LNG Exports

State Grants To Aid CNG Fueling Stations

Delaware Riverkeeper Asks DRBC To Review PennEast Pipeline Project

The Delaware River Basin Commission received a petitionfrom the Delaware Riverkeeper Network

urging it to take jurisdiction over the proposed PennEast pipeline project.

According to the Petition The PennEast Project is a greenfields pipeline project that will result

in the cutting of a 100 foot wide right-of-way for over 100 miles in the Basin, and will result in the

disturbance of well over 1,200 acres of land.

With a project of this magnitude, there is little doubt that the PennEast Pipeline will result in the

alteration or destruction of well over 25 acres of wetlands and transform a sufficient magnitude of

ground cover so as to trigger DRBC review.

Pipelines are a growing source of pollution and damage to our communities. Pipeline

companies are using the unequal power federal law gives them to try to muscle through their projects

inflicting permanent damage to the lands, waters, public parks and forests, and the private properties

and farms that fall in their path. Pipelines that pass through the Delaware River watershed need a

vigilant regulatory review and approval process that must include reviewing the impacts they will have othe water resources of the Delaware River and streams. This is a review and perspective that no

regulatory body will give except for the DRBC, says Maya van Rossum, the Delaware Riverkeeper.

To date the DRBC has avoided their obligations to review pipeline projects before they can inflict

harm, it is time to turn that around.

According to the Petition, the Delaware River Basin Compact, which provides for the mission

and mandates of the DRBC, obligates the DRBC to review all projects with substantial effects on the

water resources of the Basin for consistency with their Comprehensive Plan.

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The level of land disturbance and the invasiveness of the tributary and wetland crossings

associated with the PennEast pipeline are significant and would most certainly have an impact on the

water resources of the Delaware River Basin. There are no limitations or exceptions within the DRBC

Compact or its Rules of Practice or Procedure that should exempt the PennEast pipeline from DRBC

jurisdiction, adds van Rossum.

A copy of the petition is available online.

Penn State: Residual Fracking Water Not A Risk To Groundwater

Hydraulic fracturing -- fracking or hydrofracturing -- raises many concerns about potential

environmental impacts, especially water contamination. Currently, data show that the majority of water

injected into wells stays underground, triggering fears that it might find its way into groundwater.

New research by a team of scientists should help allay those fears.

In a paper published in the current issue of the Journal of Unconventional Oil and Gas

Resources, Terry Engelder, professor of geosciences, Penn State Lawrence Cathles, professor of earth

and atmospheric sciences, Cornell University and Taras Bryndzia, geologist, Shell International

Exploration and Production Inc., report that injected water that remains underground is sequestered inthe rock formation and therefore does not pose a serious risk to water supplies.

Hydraulic fracturing is a drilling technique commonly used to extract gas from previously

inaccessible "tight" gas reserves, including gas trapped in shale formations such as the Marcellus. During

this technique between 1.2 and 5 million gallons of water mixed with sand and chemical additives are

injected at high pressure into each well to fracture the rock and release the gas.

Typically less than half of the injected water returns to the surface as "flowback" or, later,

production brine, and in many cases recovery is less than 30 percent. In addition to the chemical

additives, flowback water contains natural components of the gas shale including salt, some metals, and

radionuclides and could impair water quality if released without proper treatment.

While flowback water can be managed and treated at the surface, the fate of the water left in

place, called residual treatment water or RTW, was previously uncertain.

Some have suggested that RTW may be able to flow upward along natural pathways, mainly

fractures and faults, and contaminate overlying groundwater. Others have proposed that natural leakage

of the Marcellus is occurring without human assistance through high-permeability fractures connecting

the Marcellus directly to the water table and that hydraulic fracturing could worsen this situation.

The researchers report that groundwater contamination is not likely because contaminant

delivery rate would be too small even if leakage were possible, but more importantly, upward migration

of RTW is not plausible due to capillary and osmotic forces that propel RTW into, not out of, the shale.

Their study indicates that RTW will be stably retained within the shale formation due to multiphase

capillary phenomena.

"Capillary forces and coupled diffusionosmosis processes are the reasons the brines and theRTW are not free to escape from gas shale," said Engelder. "The most direct evidence of these forces is

the observation that more than half the treatment waters are not recovered. Introducing treatment water

causes gas shale to act like a sponge based on the principles of imbibition.

"Imbibition into gas shale is made possible by the high capillary suction that a fine-grained,

water-wet shale matrix can exert on water. As water is wicked into gas shale, the natural gas in the

shale is pushed out. The capillary forces that suck the RTW into the gas shale keep it there."

Estimating imbibition is complicated, but simple experiments conducted by the researchers show

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that water can be readily imbibed into gas shale in quantities fully capable of sequestering RTW. The

researchers demonstrated this process in a series of experiments on cuttings recovered from the Union

Springs Member of the Marcellus gas shale in Pennsylvania and on core plugs of Haynesville gas shale

from NW Louisiana.

"The hydraulic fracturing fluid consists mostly of very low-salinity surface water, while the shale

contains high concentrations of water soluble inorganic cations and anions," said Engelder. "Duringhydraulic fracturing water is lost to the formation while inorganic cations and anions are transferred from

the formation to the hydraulic fracture. Diffusion osmosis assists the rapid imbibition of water by the

shale and diffusion of ions into the treatment water causing the high salinities observed in flowback fluid

The point to be emphasized here is that this osmotic pressure pushes the hydraulic fracture fluids into the

shale matrix, expelling gas and cations to make high-salinity flowback in the process."

The researchers believe that in addition to there not being enough water in the shale to

contaminate groundwater, the most important point of their work is that multiphase capillary phenomena

must be considered in cases where a non-aqueous fluid is present in the subsurface pore space.

The vadose zone -- the area from the surface to the groundwater -- and oil and gas migration

cannot be understood using single-phase, porous-media flow methods, and any policy insights or

prescriptions based on single-phase considerations will be fatally flawed, they argue."The practical implication is that hydrofracture fluids will be locked into the same 'permeability

jail' that sequestered overpressured gas for over 200 million years," said Engelder. "If one wants to

dispose of fracking waters, one could probably not choose a safer way to do so than to inject them into

a gas shale."

The Research Partnership to Secure Energy for America and Penn State's Appalachian Basin

Black Shale Group, an industrial affiliates group, supported this research.

Dr. Engelder may be reached at 814-865-3620 or or sending email to:[email protected].

NewsClips:

Residual Fracking Water Not A Risk To Groundwater

Yale Study Cites Health Risks Living Near Shale Gas Wells

Yale, Penn State Studies Offer Conflicting Views Of Fracking

5 Things To Know About Gas Boom And Polluted Water

DEP Releases Updated Details On Drilling Water Contamination

Standard Water Testing Sought In Shale Industry

Op-Ed: PA Is Blind To Fracking Oversight

Editorial: Unearthing Drilling Risks

Fracking Workers Exposed To Dangerous Amounts Of Benzene

Opinion: PEC And The Center For Sustainable Shale Development

By Davitt Woodwell, President and CEOPennsylvania Environmental Council

For the last forty-four years, the Pennsylvania Environmental Council has

participated as a central figure in the environmental and conservation discussion

in Pennsylvania. And we will continue to.

For the last five years, PEC has participated as a central figure in the debates

surrounding unconventional shale gas development in Pennsylvania. And we will

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continue to.

For the last two-anda-half years, PEC has participated as a central figure in the Center for

Sustainable Shale Development. And we will continue to.

PEC is, arguably, the strongest voice in Pennsylvania for strong and actionable regulation of the

shale gas industry. Take a look at our record hereand here-- which is placed on our website for the

world to see.We have pushed for mandatory setbacks, greater planning, public disclosure, groundwater

protections, controls on waste and wastewater, public health research, stronger bonding and fines, and

greater enforcement.

We have not gotten all that we wanted Pennsylvania doesnt even have regulations from Act

13 (passed in February of 2012) yet, which is inexcusable. But we wont stop pushing.

The unconventional development of shale gas is one of the most complicated and critical

environmental issues that Pennsylvania has ever faced. A fossil fuel is taken from deep underground

using a portable industrial process that brings and leaves impacts wherever it goes. The potential is there

for great damage to natural resources of the Commonwealth, along with significant impacts on human

health.

After it is extracted, the gas gets moved to markets. However, we still have not yet figured outwhat to do about the probable 25,000 miles of new pipeline and associated impacts coming to our state

over the next number of years. Finally, the gas is burned for a variety of uses and emits other pollutants.

Even with all that, shale gas offers, but does not guarantee, opportunity to temper other impacts

that our seemingly insatiable appetite for energy extracts from, and exacts on, Pennsylvania every day.

Our state emits a massively disproportionate share of the worlds greenhouse gases, with coal

burning as the main component of that belching. Using natural gas appears to emit less CO2e, assuming

we get the leakage rate of methane from well pad to burner tip figured out, with leaks being aggressively

detected and repaired. That helps the essential fight on climate change.

It would be nice to be able to say that shale gas will be the turning point in our energy future, but

it wont. We still must look today toward energy conservation, efficiency, and, most importantly for

PEC, changing the generation mix to low-impact sources: small and micro-hydro, solar, wind,

geothermal, algae, and others to get us to the energy future we must achieve.

In the meantime, it is imperative to ensure that shale gas development does not proceed as so

many extractive industries in Pennsylvania have over the last 200 years: reap now, stick future

generations with the negative legacies.

Coal did it, oil did it, shallow gas did it, limestone did it, timbering did it, industrial sites did it.

Bony piles, abandoned mine drainage, subsidence, brownfields, erosion all were left for someone

down the line. Pennsylvania still deals with most of these every day.

So how do we avoid legacies from shale gas development? For PEC, it means understanding

issues from all sides, formulating tangible and effective programs to address them, and working to make

those programs reality.It means understanding stakeholders on all sides of the issues. It means being resolute time and

again in fighting for stronger standards. It also means not getting everything we want from the legislative

and regulatory processes, but also not letting that stop our work toward greater protection.

It is that last piece that brought us to and keeps us involved with the Center for Sustainable

Shale Development.

Through CSSD, we are able to work with a group of similarly-minded NGOs pushing for

aspirational standards that can guide the shale gas industry to better and better practices.

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Not best practices (which are ever evolving), but leading practices. Practices that go beyond

regulation, beyond the comfort level of the industry. These standards do not replace regulations they

help inform and drive them.

And, yes, through this process we work with gas producers. Those willing to say that they will

exceed permit requirements: a unique place for them to be when doing so will cost more and potentially

put them at odds with others in their field.For PEC, this helps us better understand how the industry works and what practices are truly

attainable now thereby informing our broader positions on unconventional shale development.

Through CSSDs process, we, along with all of the other participants, have been able to raise

the bar on a number of practices with standards that address core issues of air and water quality.

Look at the standards and you will see requirements that at least meet and in most cases exceed

requirements in Pennsylvania and the other Appalachian States. These standards were not arrived at

blithely.

Over the past three years, we have been negotiating these standards and have agreed on fifteen

so far. More need to come and existing standards need to be revisited. And companies need to be

certified to show the efficacy of their undertaking.

For us, CSSD is already a success, we have learned a great deal, promulgated standards, andinfluenced public policy. In fact, CSSDs Area of Review standard for pre-drilling assessments has

been lifted almost verbatim by Pennsylvanias Department of Environmental Protection and included in

proposed regulation.

Going forward, we will continue to look at what has and has not worked in our approach to

unconventional shale development.

We will continue to fight for meaningful, enforceable, and enforced regulation of the industry

from well pad to burner tip and seismic testing to well closure. Once again, we anticipate that we wont

get everything we want, but we will have impact and help ensure protections for Penn