PA Environment Digest

An Update On Environmental Issues In

PA
Edited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Clean Creek Pottery

Harrisburg, Pa November 29, 2010

No Severance Tax Causes $70 Million State Budget Shortfall, Pay Raises?

In August Gov. Rendell said he would use $70 million in revenue from a Marcellus Shale natural
gas severance tax to help make up for the $280 million shortfall caused by reduced federal
appropriations for Medicaid Funding.
Since the severance tax did not pass, the state budget has a $70 million hole which needs
to be made up by Gov. Rendell or Gov.-elect Tom Corbett when he takes office January 18.
The Department of Revenue reported state tax collections were down in October and
there may be little hope the gap would be made up by increased revenues.
The state collected $1.8 billion in General Fund revenue in October, which was $57.3
million, or 3.2 percent, less than anticipated. Fiscal year-to-date General Fund collections total
$7.6 billion, which is $18.5 million, or 0.2 percent, above estimate.
"October revenue collections provide a sobering reminder that the economy is not yet out
of the woods and that the recovery may in fact be slowing," said Sen. Jake Corman (R-Centre),
Majority Chair of the Senate Appropriations Committee.
The state's next proposed budget will be presented to the General Assembly the first
week in March by Gov.-elect Corbett.
The overall General Fund budget deficit for next fiscal year is expected to be between $4
and $5 billion.
Automatic Pay Raise
And in the middle of the state's ongoing budget crisis, it was announced legislators,
judges and top officials in executive agencies are eligible for a 1.67 percent cost of living pay
raise in 2011 thanks to a 1995 law making the increases automatic.
NewsClip: Top PA Officials To Get Automatic Pay Raises

Senate, House, Governor Leave Environmental Work Undone

The General Assembly and Gov. Rendell left dozens of environmental initiatives on the table
when they finished the legislative session last week, chief among them reneging on a
commitment in law to adopt a Marcellus Shale natural gas severance tax.
But there were also dozens of other environmental initiatives which passed either the
House or the Senate during the last two years which failed to see final action, including an
expansion of the Alternative Energy Portfolio Standards and transportation funding. Many of
those bills are likely to return next January when all legislation must be reintroduced and start
over.
The only bills to make in through to the Governor's desk were to establish a new
electronics waste recycling program, changes to the farmland preservation program to allow
production of natural gas and alternative energy and a bill to promote traditional neighborhood
development. (see Bills on Governor's Desk)
NewsClips: Rendell Signs 22 Bills Into Law, Legislative Session Winds Down
Rendell Signs Public Pension, Recycling Bills

Here's a recap of the issues not seeing action.

Marcellus Shale Severance Tax

The General Assembly and Gov. Rendell made a commitment in the Fiscal Code bill-- Senate
Bill 1042-- passed as part of the budget in July to pass a Marcellus Shale natural gas severance
tax by October 1 and to allocate the revenue between the Commonwealth, counties and
municipalities and environmental initiatives.
Section 4 (page 155) of Senate Bill 1042 reads--
"It is the intent of the House Majority Leadership and Senate Majority Leadership to
pass legislation that raises revenue from the extraction of Marcellus Shale natural gas by October
1, 2010, with an effective date for implementation no later than January 1, 2011. It is the further
intent to have revenue raised from the extraction of Marcellus Shale natural gas to be divided by
a ratio to be determined by legislation between the Commonwealth, counties and municipalities
and environmental initiatives."
As everyone knows, no severance tax made it to the Governor's desk.
Where the issue goes from here is in considerable doubt.
Senate Majority Leader Dominic Pileggi (R-Delaware) told a PCN interviewer there is no
point in passing a severance tax next year in the face of very clear opposition by the new
Governor Tom Corbett. On the other hand, he said, the needs of the communities being
impacted by drilling and for funding environmental programs remain.
This week Senate President Pro Tempore Joe Scarnati (R-Jefferson) publicly floated the
idea of a drilling impact fee to help communities cope with the costs imposed by drilling as one
way to deal with the opposition of Gov.-Elect Corbett.
The proposal would not fund environmental programs like Growing Greener which ran
out of money this year. There is also some concern drilling companies would look to an impact
fee to pay for some of the repairs they pay for directly now.
NewsClips: Marcellus Impact Fee Getting Close Look
Editorial: Taxpayers Should Push For Marcellus Shale Fee

Chesapeake Bay Cleanup Costs

The Senate adopted Senate Resolution 215 (Brubaker-R-Lancaster) directing the Legislative
Budget and Finance Committee to study the costs to achieve the Chesapeake Bay Program
nutrient load reductions required by agricultural sources and to evaluate funding strategies. The
study was to be done on June 30, 2010. The Committee has not yet taken action to hire a
contractor to do the study.

Bills Left In The Senate/House

Senate

Drilling Moratorium: House Bill 2235 (Vitali-D-Delaware) imposing a 3 year moratorium on

Marcellus Shale natural gas drilling in State Forests and requiring certain studies by the Joint
Legislative Budget and Finance Committee (no funding provided) was passed by the House 157
to 33 and is now in the Senate Environmental Resources and Energy Committee for action.

Severance Tax: Senate Bill 1155 (Eichelberger-R-Blair) is a vehicle passed by the House and
returned to the Senate for action. It remained in the Senate Rules Committee without action.
Other bills in the Senate include: Senate Bill 905 (Musto-D-Luzerne), Senate Bill
997 (Dinniman-D-Chester) using the severance tax to balance the budget and fund some
environmental programs, Senate Bill 1254 (Dinniman-D-Chester) using the severance tax to
provide additional property tax relief. All the bills are in the Senate Finance Committee.

Leasing Other State Lands For Drilling: Senate Bill 1159 (D.White-R-Indiana) authorizing
the Department of General Services to lease minerals on state land owned by agencies other than
DCNR, Fish and Boat and Game Commissions and depositing any payments or royalties in the
Environmental Stewardship (Growing Greener) Fund was referred to the Senate Appropriations
Committee.

Gas/Coal Spacing: Senate Bill 1374 (MJ White-R-Venango) requiring DCNR's Bureau of
Topographic and Geologic Survey to update workable coal seams maps annually and setting
separation distances from gas wells and coal seams with funding provided by the Oil and Gas
Fund was referred to the Senate Appropriations Committee.

Well Operator Certification: Senate Bill 1451 (Baker-R-Luzerne) requiring gas well and
wastewater treatment operators to be certified by DEP (no funding provided) is in the Senate
Environmental Resources and Energy Committee awaiting action.

Gas Well Setbacks: Senate Bill 1452 (Baker-R-Luzerne) would require each oil and gas well
permit to be accompanied by information regarding the zone of influence of the well site on
groundwater and an analysis of the time a potential release of drilling fluids would reach the
nearest waterways; a preparedness, prevention and contingency plan; and a plan for notifying all
downstream water users in the event of a spill.
The bill requires the notification of all public drinking water system operators within the
water within 10 days of receiving a permit; a requirement that wells not be drilled within 1,000
feet of a building or water well without the consent of the owner; not within 1,000 feet of any
stream, spring or body of water; or 1,000 feet of any wetlands or within 3,000 feet of a drinking
water reservoir. The permit application must also contain a groundwater monitoring and
sampling plan before, during and after drilling.
The bill is in the Senate Environmental Resources and Energy Committee awaiting
action.

Ultra Low Sulfur/Bio Heating Oil: Senate Bill 1282 (Erickson-R-Delaware) requiring heating
oil to meet the same ultra low sulfur and biofuels content requirements of diesel fuel is in the
Senate Environmental Resources and Energy Committee for consideration.

Flood Control: Senate Bill 235 (Wozniak-D-Cambria) authorizing the use of non-structural
flood control alternatives was reported from the Senate Environmental Resources and Energy
Committee and is now in the Senate Appropriations Committee for consideration.

Green Buildings: House Bill 444 (M.Smith-D-Allegheny) requiring buildings built and funded
by the Commonwealth to meet green building standards (no funding provided) was passed by the
House, was amended and reported out of the Senate Environmental Resources and Energy
Committee and Tabled.

Green Buildings: Senate Bill 728 (Rafferty-R-Montgomery) setting standards for high
performance green buildings (without funding) was referred to the Senate Appropriations
Committee.

Green Schools: House Bill 689 (Drucker-D-Chester) providing for reimbursements for schools
which meet LEED green building standards (no funding provided) is in the Senate Education
Committee for consideration.

Energy Office: House Bill 786 (George-D-Clearfield) creating a State Energy Office within
DEP (no funding provided) was passed by the House, was amended and reported out of the
Senate Environmental Resources and Energy Committee and was Tabled..

Solar Energy: House Bill 2234 (Houghton-D-Chester) prohibiting deed restrictions related to
solar energy systems on residential property was passed by the House and is now in the Senate
Urban Affairs and Housing Committee.

Leasing Lake Erie For Wind Farms: House Bill 2342 (Hornaman-D-Erie) authorizing the
Department of General Services to lease submerged lands in Lake Erie for wind farms was
passed by the House and is now in the Senate State Government Committee.

Biofuels: Senate Bill 698 (Waugh-R-York) creating the PA Farms to Fuels Incentive Act along
with a $10 million General Fund appropriation was referred to the Senate Appropriations
Committee.

Farms- Energy Production: House Bill 984 (Kessler-D-Berks) would limit the roll-back taxes
when a landowner leases land enrolled in the program for a wind power generation system was
passed by the House and is now in the Senate Agriculture and Rural Affairs Committee for
action.

Land Conservation: Senate Bill 884 (Waugh-R-York) requiring proceeds from the sale of
certain state farms to the Agricultural Conservation Easement Purchase Fund was referred to the
Senate Appropriations Committee.

Nutrient Credit Trading: Senate Bill 767 (Vance-R-Cumberland) establishing the Nutrient
Credit Trading Program in law and creating a Nutrient Credit Trading Bank is in the Senate
Environmental Resources and Energy Committee.

Stormwater Funding: House Bill 2591 (George-D-Clearfield) authorizing funding for

stormwater management projects under PennVEST was passed by the House and was reported
out of the Senate Environmental Resources and Energy Committee and Tabled.

Clean Water Fund: Senate Bill 1303 (MJ White-R-Venango) authorizing the use of the Clean
Water Fund to finance Black Fly and West Nile Virus suppression was referred to the Senate
Appropriations Committee.

Open Space: House Bill 951 (Dally-R-Northampton) providing additional tools to acquire and
hold open space was referred to the Senate Appropriations Committee and Senate Bill
172 (Brubaker-R-Lancaster) further authorizing local governments to preserve, acquire or hold
land for open space purposes was also referred to the Senate Appropriations Committee.

Land Banks: House Bill 712 (J.Taylor-D-Philadelphia) providing for creating of land banks to
put properties back into productive use (no funding provided) was reported out of the Senate
Urban Affairs and Housing Committee and referred to the Senate Appropriations Committee.

Main Street Program: House Bill 102 (Freeman-D-Lehigh) extending the duration of Main
Street Program Grants was passed by the House and is now in the Senate Community, Economic
and Recreational Development Committee for action.

Landfill Penalties: Senate Bill 547 (Rafferty-R-Montgomery) providing penalties for repeat
violations of landfill regulations was referred to the Senate Appropriations Committee.

Historic Preservation: House Bill 42 (Freeman-D-Lehigh) providing for Historic Preservation

Grants (no funding provided) was passed by the House and is now in the Senate Community,
Economic and Recreational Development Committee for consideration.

Snowmobiles: House Bill 1171 (Hanna-D-Clinton) relating to snowmobile and ATV

registration and use of restricted account was passed by the House and is now in the Senate
Environmental Resources and Energy Committee for action.

Green Technology Testing: House Bill 2601 (Siptroth-D-Monroe) establishing the Green
Technology Implementation Act to provide for the testing of new environmental and energy
technologies (with no funding provided) was passed by the House and referred to the Senate
State Government Committee.

Box Turtle: House Bill 621 (Curry-D-Montgomery) naming the Eastern Box Turtle as the
official reptile of the Commonwealth was passed by the House, was reported from the Senate
State Government Committee and Tabled.

House

Natural Gas Severance Tax: Senate Bill 1155 (Eichelberger-R-Blair) is a vehicle passed by the
House and returned to the Senate for action. It remained in the Senate Rules Committee without
action.
House Bill 1489 (George-D-Clearfield) authorizing a natural gas severance tax was
referred back and forth from the House Environmental Resources and Energy Committee and is
now in the House Appropriations Committee.
House Bill 2443 (Levdansky-D-Allegheny) imposing a natural gas production severance
tax depositing 45 percent in the General Fund, 22 percent in the Environmental Stewardship
(Growing Greener) Fund, 20 percent in a new Local Government Services Fund for counties and
municipalities in the drilling areas, 2 percent in the Hazardous Sites Cleanup Fund, 3 percent in
the Conservation Districts Fund, 2 percent to the Game Commission, 4 percent to the Fish and
Boat Commission and 2 percent to the Low-Income Home Energy Assistance Program is in the
House Finance Committee.
House Bill 2438 (D.Evans-D-Philadelphia) imposes a natural gas production severance
tax depositing 90 percent in the General Fund through June 30, 2011 and 10 percent in a
restricted account to be allocated as follows-- 50 percent distributed to municipalities in natural
gas drilling areas, 50 percent to counties in natural gas drilling areas to be used for road and
bridge repairs, parks and recreation, industrial and commercial development, improvement of
municipal water and wastewater systems, preservation and reclamation of surface waters and
other purposes relating to the consequences of natural gas development was amended and is in
the House Appropriations Committee.

Oil And Gas Wells Water Protection: House Bill 1155 (George-D-Clearfield) providing for
addition protection of surface rights owners and requiring compensation agreements with those
holding oil and gas well drillers and was referred to the House Appropriations Committee.

Protecting Water Supplies: House Bill 1205 (Pickett-R-Bradford) providing further protection
of water supplies from oil and gas drilling through pre-drilling water well surveys was reported
from the House Environmental Resources and Energy Committee and referred to the House
Appropriations Committee.

Protecting Surface Landowners/Water Supplies From Drilling: House Bill 2213 (George-D-
Clearfield) amending the Oil and Gas Act to further provide for ground and surface water
protection (amended) was reported from the House Appropriations Committee and remained on
the House Calendar. House Bill 2214 (George) providing for minimum oil and gas royalties
were reported from the House Environmental Resources and Energy Committee and referred to
the House Appropriations Committee.

Mineral Rights: House Bill 1436 (White-D-Allegheny) authorizing re-recording of subsurface

mineral rights by surface owner after 10 years of non-use was reported out of the House
Environmental Resources and Energy Committee and then referred to the House Rules
Committee.

Nutrient Trading: House Bill 1381 (DePasquale-D-York) establish the Nutrient Credit Trading
Program in law is now in the House Environmental Resources and Energy Committee for action.

Stormwater Planning: House Bill 1390 (Freeman-D-Lehigh) authorizing local integrated water
resources plans was amended to allow local governments to avoid the mandate for stormwater
planning if the state does not provide its share of funding (no additional funding provided) and
reported from the House Local Government Committee and was referred to the House
Appropriations Committee.

Distribution System Improvement Funding: The House Consumer Affairs Committee

reported out House Bill 194 (Preston-D-Allegheny) providing for a DISC program for
wastewater systems and House Bill 744 (Solobay-D-Washington) providing for a DISC program
for natural gas systems. Both bills were referred to the House Appropriations Committee.

Electric Rate Caps: House Bill 20 (McCall-D-Carbon) phasing in electric rate increases was
amended and reported out of the House Consumer Affairs Committee and was referred to House
Appropriations Committee.

Commonwealth Energy Agency: House Bill 1909 (George-D-Clearfield) creating a

Commonwealth Energy Procurement and Development Agency and Fund (without funding) was
reported out of the House Environmental Resources and Energy Committee and then referred to
the House Rules Committee.

Alternative Energy/Carbon Network: House Bill 80 (Vitali-D-Delaware) and House Bill

2405 (DePasquale-D-York) expanding the Alternative Energy Portfolio Standards and
authorizing a carbon sequestration network (without funding) remained on the House Calendar
for action.

Green Building Credit: House Bill 43 (Harper-R-Montgomery) establishing a high-

performance, green building construction tax credit (without funding) was amended and reported
out by the House Environmental Resources and Energy Committee and then referred to House
Appropriations Committee.

Energy Star Tax Credit: House Bill 448 (M.Smith-D-Allegheny) providing for an Energy Star
rated glass tax credit (no funding provided) was reported from the House Environmental
Resources and Energy Committee and then referred to House Appropriations Committee.
Biofuels Exemption: Senate Bill 901 (Scarnati-R-Jefferson) would provide a one year
exemption from biodiesel mandates for small refiners was amended and reported from the House
Agriculture and Rural Affairs Committee, referred to and amended and reported from the House
Appropriations Committee and remained on the House Calendar.

Ultra Low Sulfur/Bio Heating Oil: House Bill 2578 (George-D-Clearfield) including heating
oil in the ultra low sulfur and requiring a biofuels content just like diesel fuel was reported from
the House Environmental Resources and Energy Committee, referred to and reported from the
House Rules Committee and re-referred to the House Appropriations Committee.

County Waste Management Fee: House Bill 1069 (Scavello-R-Monroe) authorizing a county
waste management fee was reported from the House Environmental Resources and Energy
Committee and was referred to the House Appropriations Committee.

Recycling Textbooks: Senate Bill 1379 (Musto-D-Luzerne) requiring the recycling of textbooks
(without funding) was passed by the Senate and was left in the House Environmental Resources
and Energy Committee.

Air Pollution Fines: Senate Bill 1250 (Pileggi-R-Delaware) requiring the sharing of air
pollution fines with local governments was passed by the Senate and is now in the House
Environmental Resources and Energy Committee.

Mining Fees: Senate Bill 1176 (D.White-R-Indiana), Senate Bill 1196 (D.White), Senate Bill
1197 (D.White) requiring mining permit fees to be adopted by regulation were passed by the
Senate and are now in the House Environmental Resources and Energy Committee for action.

State Parks Use: Senate Bill 974 (D.White-R-Indiana) directing DCNR to honor leases during
periods when State Parks or Forests are closed due to an action of the agency was passed
unanimously by the Senate and is now in the House Environmental Resources and Energy
Committee for action.

Water Trails: House Resolution 884 (Levdansky-D-Allegheny) directing the Joint Legislative
Budget and Finance Committee to study the economic impact of Pennsylvania's Water
Trails (without funding) was reported from the House Tourism and Recreational Development
Committee and remained on the House Calendar.

Open Space: House Bill 1772 (Matzie-D-Allegheny) further authorizing local governments to
hold open space for preservation was amended and reported from the House Local Government
Committee and was referred to the House Appropriations Committee.

Sludge Testing: House Bill 1341 (George-D-Clearfield) requiring the testing of sewage sludge
(without funding) was referred to the House Appropriations Committee.
Acceptable Data: Senate Bill 136 (Erickson-R-Delaware) requiring the submission of
acceptable data to the Independent Regulatory Review Commission to support regulatory
proposals (without funding) was referred to the House Appropriations Committee.

Environmental Advisory Councils/Geohazards: House Bill 1450 (Deasy-D-Allegheny)

transfers language relating to local environmental advisory councils and creates a geologic
hazards program (without funding) was amended and reported out of the House Environmental
Resources and Energy Committee and referred to the House Appropriations Committee.

Hazardous Sites Reporting: Senate Bill 783 (MJ White-R-Venango) requiring additional
reporting on the Hazardous Sites Cleanup Fund was passed by the Senate and is now in the
House Environmental Resources and Energy Committee for consideration.

Air Quality Plans: Senate Bill 115 (MJ White-R-Venango) requiring publication of changes to
the State Air Quality Implementation Plan was passed by the Senate and is now in the House
Environmental Resources and Energy Committee for action.

DEP Special Funds: Senate Bill 116 (MJ White) requiring additional reporting by DEP special
funds was passed by the Senate and is now in the House Environmental Resources and Energy
Committee for action.

Keystone Fund: Senate Bill 117 (MJ White) requiring additional reporting for expenditures
from the Keystone Recreation, Park and Conservation Fund was passed by the Senate and is now
in the House Environmental Resources and Energy Committee for action.

EQB Counsel: Senate Bill 85 (Musto-D-Luzerne) providing for an independent counsel for the
Environmental Quality Board (without funding) was passed by the Senate and is now in the
House Environmental Resources and Energy Committee for action.

Lyme Disease: House Bill 894 (Phillips-R-Northumberland) establishing a Lyme Disease Task
Force and assigning responsibilities to the Department of Conservation and Natural Resources
(without funding) was reported from the House Appropriations Committee and Tabled.

GeoSpatial Coordinating Council: House Bill 2300 (Fairchild-R-Mifflin) creating the State
Geospatial Coordinating Council (without funding) was amended and reported from the House
Veterans Affairs and Emergency Preparedness Committee and re-referred to the House
Appropriations Committee.

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Senate/House Agenda/Session Schedule

The Senate and House will not consider any more legislation this year. All legislation must be
reintroduced and start over in January.

Session Schedule

Here is the schedule of session days for 2011 as we have them so far--

Senate

January 4, 18, 19, 24, 25, 26

February 7, 8, 9, 14, 15, 16, 28
March 1, 2 (Budget presentation first full week in March)

House

January 4

Governor

New Governor takes office on January 18.

Calendars

The Senate and House will not consider any more legislation this year. All legislation must be
reintroduced and start over in January.

Committees

There are no Committee meetings scheduled this week.

Bills On Governor's Desk

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

Electronics Recycling: House Bill 708 (Ross-R-Chester) requiring recycling of certain

electronic products funded by industry fees was signed into law as Act 108.
NewsClip: Bill To Mandate E-Waste Recycling Could Soon Be Law

Alternative Energy: House Bill 1394 (Houghton-D-Chester) relating to splitting off farm and
forest land under preferential assessment for alternative energy production was signed into law
as Act 109.
NewsClip: PA Farmland Tax Program To Be Altered By Bill

Neighborhoods: House Bill 1609 (Freeman-D-Lehigh) amending the Municipalities Planning

Code further defining traditional neighborhood development was signed into law as Act 111.
"Traditional neighborhood development, or TND, is a better way to develop than sprawl
which eats up our farmland and creates traffic congestion nightmares," said Rep. Freeman,
chairman of the House Local Government Committee. "Not only does a TND use less land, it is
also pedestrian-friendly and provides for a mix of uses and housing options that foster a greater
sense of community than conventional suburban developments. Because a TND creates an actual
village or neighborhood rather than a subdivision, it reduces dependence on cars to meet
everyday needs."

News From The Capitol

Rep. Ross: Electronics Recycling Bill Now Law

House Bill 708 sponsored by Rep. Chris Ross (R-Chester) establishing a

recycling program for computer equipment and televisions, was signed
into law by Gov. Rendell as Act 108.
"The disposal of these electronic devices is potentially hazardous to
the environment and while some manufacturers and communities have
taken steps to address the disposal problem, there was no statewide
solution until now," said Rep. Ross. "This legislation will make recycling
e-waste much more convenient for residents and small businesses, while
allowing manufacturers the opportunity to develop recycling systems that
are cost effective."
Currently, the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988
provides for mandatory recycling or proper disposal of certain materials in municipalities of
more than 5,000 people, but the act does not specify computer equipment and televisions. House
Bill 708 provides for the proper disposal of desktop and notebook computers, monitors and
televisions used by small businesses and consumers for personal use.
 "Our goal is to keep these cumbersome devices out of our landfills and to provide
consumers and businesses employing 50 or fewer people with a safe means of disposal," said
Rep. Ross. "My legislation will require manufacturers to register their brands with the
Department of Environmental Protection within six months of the effective date of this
legislation and to devise a plan to collect, transport and recycle televisions and personal
computers."
DEP will maintain a list on its website of each manufacturer and the brands the
manufacturer uses for devices covered under the act. The new law goes into effect in 60 days.
NewsClip: Rendell Signs Public Pension, Recycling Bills

Opinion

No Knee-Jerk Reaction To Drilling Moratorium, Marcellus Shale Severance Tax

By Sen. Mary Jo White
Majority Chair
Senate Environmental Resources and Energy Committee

In a letter to Department of Conservation and Natural Resources Secretary

John Quigley, Sen. Mary Jo White (R-Venango), Majority Chair of the
Senate Environmental Resources and Energy Committee, outlined her
position on the moratorium Gov. Rendell imposed on Marcellus Shale
drilling on State Forest land and a proposed natural gas severance tax. The
text of that letter follows--

While I cannot speak for everyone who has voiced opposition to

Governor Rendell’s moratorium on additional leases of state forest lands, I
can assure you that my reaction was not “knee-jerk”. Nor was it done without reviewing and
considering the information compiled by your Department.
However, I still believe the moratorium issued by Executive Order is shortsighted and
was nothing more than a pre-election publicity stunt.
As you know, the House of Representatives passed a three-year moratorium in May
2010. I certainly voiced my personal opinion that I did not believe a moratorium – a legislative
prohibition on leasing – was warranted, but I have always had an open door and a willingness to
discuss issues and find middle ground.
People can be opposed to a moratorium without advocating for wholesale leasing of our
state forests. Given the state’s selective approach to leasing over the years – including through
the Marcellus Shale frenzy – I simply do not believe a moratorium is necessary.
I have repeatedly given credit to DCNR for its stewardship of state lands, and
commended the agency for well-written leases that protect the land while enabling the
Commonwealth to develop natural gas.
A blanket moratorium, however, would deprive the agency of strategic leasing
opportunities that can realize significant revenue for taxpayers with minimal impact on state
land. Indeed, your lease of over 30,000 acres to Anadarko, which netted $120 million plus tens
of millions in eventual royalties, and will result in the disturbance of perhaps 300 acres or less,
would have been prohibited had House Bill 2235 been enacted.
Finally, I find it telling that the Governor found the time to travel to Philadelphia in late
October to announce his Executive Order, yet not once in six months did you or the Governor
find the time to discuss this legislation with me.
I also continue to have significant reservations with respect to DCNR and DEP’s recent
policy on handling permits for activity on state parks and forests. To suggest that opposition to
this “common sense” policy means that I, or others, would simply cast aside any concern for the
impact of drilling on state lands is absurd. This policy was announced via press release on
October 28th.
To my knowledge, and according to DEP staff, the policy was not reviewed or provided
to any of DEP’s citizen advisory committees. I am not aware of the policy being taken to
DCNR’s own advisory council for review and input. Nor am I aware that any outreach was
made to the oil and gas industry to discuss the policy, if for no other reason than to apprise the
industry of what the Commonwealth’s expectations for future permit applications would be.
Moreover, as I indicated in my letter of November 4th to the Governor, and copied to
both you and Secretary Hanger, there are serious concerns that the new policy is illegal and puts
our existing leases in jeopardy.
I remain open to discussing legislative changes that would better protect all lands from
drilling – private lands deserve no less protection than public lands – but I am hopeful that
Governor-elect Corbett will rescind this policy in January.
In addition, Senate Republicans also worked through the summer on a number of other
issues related to Marcellus Shale drilling. We were the only caucus to put together a
comprehensive environmental protection and safety legislative package.
The Administration’s proposals on safety were literally cobbled together in early October
as a mark-up of the draft our caucus shared (yet, some DEP staff apparently found the time to
track and report on campaign contributions).
Clearly, there was no concerted effort on behalf of the Administration to have a serious
discussion on these issues.
You are entitled to your position on a severance tax. In fact, I have said myself that I
would be open to a reasonable tax or impact fee under the right circumstances. However, the
key is “reasonable”.
The House Democrats advocated for and passed a severance tax rate that, at nearly 10%
(actually higher now that the price of gas has declined), was anything but ‘reasonable’ and was
approximately 60% higher than the tax rate sought by Governor Rendell.
House Democrats had no desire to compromise on a more reasonable rate because they
had already satisfied their political objectives: pass a punitive tax rate that promised lots of
money to their core constituencies, and then blame the Republicans when it doesn’t pass.
Anyone who thinks that a punitive tax rate won’t discourage investment and exploration
in Pennsylvania doesn’t understand economics.
Already this year, the Eagle Ford shale in Texas has seen a significant shift in resources
from other shale plays. There are already more rigs in the Eagle Ford region than in
Pennsylvania, increasing from 8 in 2008 to more than 107 today. The Eagle Ford is attractive for
several reasons, including its proximity to the established industry in Texas, Oklahoma,
Arkansas and Louisiana and the fact that, unlike the Marcellus Shale, the Eagle Ford is also a
major crude oil play.
And finally, as you may know, earlier this year the Texas Railroad Commission
suspended the state’s severance tax for Eagle Ford shale wells in several core counties, and
expansion of this tax suspension to other regions is anticipated.
In short, Pennsylvania is very much in a competition for investment, and a knee-jerk
reaction that seeks to impose a tax on an industry without thinking through the complexities of
the issue is bad policy.

November Environmental Synopsis Newsletter Now Available

The November issue of the Environmental Synopsis newsletter is now available from the Joint
Legislative Air and Water Pollution Control and Conservation Committee.
This issue highlights concerns over air emission standards for biomass fired boilers,
transportation funding needs, clean energy development funding, using "blending" to reduce
pollution during rain events, investment needed to meet biofuel goals and more.
Rep. Scott Hutchinson (R-Venango) serves as Chair of the Committee and Sen. Ray
Musto (D-Luzerne) serves as Vice Chair.

News From Around The State

DEP Lacks Legal Authority To Grant Water Withdrawal Rights For Drilling In Western
PA

In a recent letter to the Allegheny Defense Project, the Department of Environmental Protection
acknowledged it did not have legal authority to grant water withdrawal rights for Marcellus
Shale drilling operations in Western Pennsylvania.
The Allegheny Defense Project wrote to DEP in July questioning its authority since the
Ohio River and Lake Erie watersheds are not within the Susquehanna or Delaware River Basin
Commissions which have the ability to grant water withdrawal rights.
DEP's response points out the agency does require Water Withdrawal Plans from drillers
that specify water withdrawal points and their volumes saying, "When DEP reviews an WMP, it
evaluates the individual and cumulative impacts of the operator's proposed water use on stream
flows to ensure that its activities will not violate the Clean Streams Law. As part of this review,
DEP evaluates whether the operator's proposed plan for water use will ensure that enough water
will remain the waterway, even under low flow conditions, to maintain existing and designated
uses. This analysis the same as the one used by the Susquehanna River Basin Commission,which
your letter cites favorably."
DEP goes on to say, "DEP's approval of an WMP does not give the operator any real or
personal property rights, or the right to access water. For example, this approval does not grant
or confer to the operator any right, title, easement, or interest in, to or over any land, including
that of a riparian owner.
"Moreover, this approval does not obviate the necessity of the operator to obtain the
proper consent from the riparian landowner and to comply with federal, state and local legal
requirements and common law regarding property rights. Rather, DEP's WMP approval is
intended to ensure that an operator's use of water for natural gas well development does not
violate Pennsylvania statutory law. For these reasons, DEP does not require an operator to notify
riparian owners or demonstrate that it has authority to make a water withdrawal."
“It is disingenuous for DEP to claim that its approval of a WMP for Marcellus Shale gas
companies is not actually a permit to withdraw water,” said Bill Belitskus, Board President for
the Allegheny Defense Project. “When the DEP sends letters to gas companies telling them they
are ‘approved’ to withdraw specific amounts of water, it defies logic for the DEP to turn around
and argue that it has not authorized a water withdrawal.
“What is truly upsetting about Secretary Hanger’s response is that while he acknowledges
on the one hand the DEP has no authority to permit water withdrawals, on the other hand he
refuses to require proof that these companies have any legal authority to withdraw water in the
first place,” said Cathy Pedler, Forest Watch Coordinator for the Allegheny Defense Project. The
DEP should not issue any more drilling permits for any oil and gas drilling until companies can
demonstrate that they have a legal right to withdraw water from Pennsylvania’s waterbodies.”
For more information, visit the Allegheny Defense Project webpage.
NewsClips: DEP Has No Authority To Permit Drilling Water Withdrawals In Western
PA
Brockway Municipal Authority Sues Over Drilling Project In Watershed

DEP Investigating 13,000+ Gallon Frack Water Spill In Lycoming County

The Department of Environmental Protection is continuing to investigate a large hydraulic

fracturing fluid spill at an XTO Energy natural gas well pad in Penn Township, Lycoming
County, which was first discovered last week.
“This spill was initially estimated at more than 13,000 gallons by the company and has
polluted an unnamed tributary to Sugar Run and a spring,” said DEP Northcentral Regional
Director Nels Taber. “There are also two private drinking water wells in the vicinity that will be
sampled for possible impacts.”
A DEP inspector discovered the spill while inspecting the well pad. The inspector found
that the bottom valve on a 21,000-gallon fracking fluid tank was open and discharging fluid off
the well pad. No one else was present at the pad, which has one producing Marcellus well.
The DEP inspector was able to close the valve and XTO Energy officials were
immediately contacted about the spill. The company has not provided any explanation for the
open valve.
XTO Energy hired cleanup contractor Minuteman Response, which has been on-site for
several days vacuuming spilled fluids and mobilizing equipment to excavate soil. A fence also
has been installed to prevent a neighbor’s cattle from grazing in the impacted area of the pasture.
DEP inspectors have collected samples of nearby soil samples and surface water. Initial
field meter readings showed elevated levels of conductivity and salinity in the spring and
unnamed tributary.
Conductivity measures water’s ability to carry an electric current, while salinity measures the
dissolved salt content in water. Elevated levels of both are indications that spilled fracking fluid
is present.
 A notice of violation letter will be sent to XTO Energy this week and the company will
be required to remediate the site properly.
NewsClips: DEP Studying Leak At Lycoming Gas Well
DEP Investigating Frack Fluid Spill

East Resources Receives IOGCC Award For Support Of SRBC Water Monitoring
Network

On November 16, the Interstate Oil and Gas Compact Commission awarded East Resources, Inc.
its 2010 Chairman's Stewardship Award for Environmental Partnership in recognition of its
support for a Remote Water Quality Monitoring Network in the upper reaches of the
Susquehanna River Basin.
East provided financial assistance to the Susquehanna River Basin Commission to support
the deployment of the monitoring network. The award was announced at the IOGCC's Annual
Meeting in Tucson, AZ.
Environmental organizations and local watershed groups have expressed concerns over
the potential impact of Marcellus Shale natural gas development on public water supplies and
water quality in the Upper Susquehanna River Basin.
The network will routinely observe and record water quality conditions in smaller rivers
and stream flowing through areas of the watershed where oil and gas producers are actively
developing Marcellus Shale reserves.
"We recognize the importance of the natural gas industry to Pennsylvania and to the local
communities and believe that this partnership with the SRBC would demonstrate that the
development of the Marcellus Shale could be done in an environmentally safe manner," William
Fustos, Chief Operating Officer, East Resources, Inc. said. "We are confident as a company and
as an industry that there will be no detrimental effects due to our development and this project
will go a long way toward showing that."
The Commission initiated the annual Chairman's Stewardship Awards in 2001 as its
highest honor for exemplary efforts in environmental stewardship. The awards recognize
organizations, companies and individuals nationwide that demonstrate innovation, dedication
and passion for our environment.
NewsClip: SRBC Plans Monitoring In Tioga County Tributaries

Foundation For PA Watersheds 2011 Grant Application Schedule

The Foundation for Pennsylvania Watersheds this week announced its schedule for accepting
grant applications in 2011.
-- February 25 - Spring Grant Letters of Interest due; and
-- August 26 - Fall Grant Letters of Interest due.
For more information, visit the Apply for a Grant webpage.

December 9 Workshop On Nitrogen Management On Farms In Lancaster

The Penn State Extension and Center for Dairy Complex will hold a workshop on nitrogen
management on farms entitled, "Hooking the Slippery Fish," on December 9 starting at 9:30 at
the Lancaster County Farm and Home Center.
The workshop will discuss three aspects of nitrogen use efficiency--
1. Accelerating adoption of nutrient management practices by increasing producer knowledge
and addressing their concern about yield risk;
2. Impacts of agronomic nutrient efficiency practices on forage yield and quality; and
3. Balancing livestock diets, front end approaches to back end nutrient reduction.
PA Certified Crop Advisor and American Registry of Professional Animal Scientists
credits available.
Other workshop partners include TeamAg and American Farmland Trust.
RSVP to 717-394-6851 or send email to: lancasterext@psu.edu by December 6.

Corbett Agenda

Enhancing The Department Of Agriculture

As part of his campaign platform, Gov.-elect Tom Corbett laid out a series
of commitments on protecting the environment, developing Pennsylvania's
energy resources, enhancing agriculture and promoting sportsmen's issues.
PA Environment Digest is taking a look at the commitments he
made on enhancing the Department of Agriculture related to environmental
issues--

The Pennsylvania Department of Agriculture provides a critical

service to Pennsylvania’s farming community. As Governor, Tom Corbett
will bring a new sense of priority to the activities and responsibilities of the Department of
Agriculture. He will prioritize the functions of the department and make budgetary decisions that
preserve and enhance the health and safety of the public, livestock, poultry and plants.
The Commonwealth clearly has been faced with budgetary challenges within all sectors
of government. During the past eight years, the commonwealth budget has grown from $20.7
billion in 2001-2002 to $28 billion in the 2010-2011. At the same time, the general government
operations budget appropriation for the Department of Agriculture has decreased from $31.5
million in 2001-2002 to $26.8 million in the 2010-2011. While
The state budget grew by nearly $8 billion dollars, the general fund appropriation for the
Department of Agriculture decreased by $4.5 million. Agriculture has not been a budget
priority of the current administration.
Tom Corbett is committed to restoring fiscal discipline in state government and making
state government more accountable to Pennsylvania taxpayers. With regard to agriculture, it is
necessary to determine the core functions of the Department of Agriculture that must become a
budgetary priority.
As Governor, Tom Corbett will work to:
-- Protect Pennsylvania’s environment. Tom Corbett is committed to protecting
Pennsylvania’s environment through key strategies with the Chesapeake Bay Watershed.
Support for the State Conservation Commission and Conservation Districts will be critical, and
the ability to leverage state and federal dollars to accomplish on-farm best management practices
that will improve the water quality in Pennsylvania will be a priority.
As regulations increase, more is being asked of county conservation districts in the form
of program administration, data verification and technical expertise. Meeting our 2025
Chesapeake Bay goals will be a key area of focus as a funding priority.
-- Protect the Chesapeake Bay Watershed. Pennsylvania farmers have worked diligently to
improve the health of the bay and are committed to continuing those efforts to protect our
environment and waterways. In fact, 55 percent of the reduction of detrimental elements in the
Bay is due to practices employed by farmers.
Any restoration efforts must accommodate future population and economic growth
without limiting Pennsylvania agriculture’s regional competitiveness or its ability to advance,
prosper and expand.
As Governor, Tom Corbett will promote the work of Pennsylvania regulators and
organizations that are creating a protocol best suited to Pennsylvania’s landscape, residents,
industry and agriculture to meet Chesapeake Bay Watershed targets.
-- Preserve Pennsylvania’s farmlands for future generations. Farmland preservation is the
strong legacy of Pennsylvania agriculture, and Tom Corbett will focus on ensuring that
productive land is preserved from development and kept in viable production of crops and
livestock.
-- Ensure funding for the Resource Enhancement and Protection program. As Governor,
Tom Corbett will work toward restoring funding to continue the successful program known as
REAP – Resource Enhancement and Protection program. This program provides tax credits for
conservation and best management practices.
-- Enhance agricultural research opportunities. Agricultural research is important to the
future of agriculture in Pennsylvania, and all consumers benefit from it. The important findings
made possible through this research are not only necessary, but also ultimately a cost saving for
the Commonwealth. Tom Corbett will work to identify funding to ensure the future success of
agricultural research.

A full copy of Gov.-Elect Corbett's Agriculture Policy paper is available online.

Fish & Boat Commission To Receive $1.3 Million To Help Restore Delaware River

The Fish and Boat Commission will receive approximately $1.3 million to restore habitat on a
Delaware River tributary under an award from the U.S. Coast Guard Oil Spill Liability Trust
Fund stemming from a 2004 incident that dumped more than 250,000 gallons of crude oil into
the river.
Overall, federal and state agencies have received $27.5 million to restore conditions for
fish, birds, sensitive habitats, wildlife and recreational use of the Delaware River areas impacted
in 2004 by an oil spill from the vessel Athos I.
The National Oceanic and Atmospheric Administration, the U.S. Fish and Wildlife Service,
Pennsylvania, New Jersey and Delaware collectively have received the funds from the OSLTF
for nine restoration projects.
 “These funds will enhance a number of excellent restoration projects throughout the area
affected by the spill,” said Pat Montanio, Director of NOAA’s Office of Habitat Programs.
“From wetland enhancements to dam removals to shoreline improvements, these projects are
designed to compensate the public for the loss of nature’s benefits following the spill.”
The PFBC’s portion of the payment will be used to remove three dams and a remnant
bridge pier from Darby Creek, a tributary of the Delaware River in southeastern Pennsylvania,
followed by restoration of nearby riparian – or bank – areas.
“Despite extraordinary work by state and federal agencies in the clean-up of the Athos 1
spill, the recovery of damages caused by oil spills is an important part of restoring our natural
resources to a pre-spill condition,” said PFBC Executive Director John Arway. “Although no
amount of money can fully compensate for the losses, this payment provides important funding
for restoration projects that will benefit the aquatic resources of the Delaware River basin.”
The objective of the Darby Creek project is to improve stream health by restoring
degraded habitat and associated plant and animal communities, according to Scott Carney, Chief
of the PFBC Division of Habitat Management. The project also will decrease localized flooding
during high water events.
“The Commission and various partners have already successfully removed about 15 dams
in this general area and have documented resulting improvements to in-stream and riparian
habitat conditions,” said Carney. “We expect to see similar results when we remove these three
dams.”
The dams which are scheduled to be removed include a partially breached dam in Darby
Borough, Hoffman Dam and a dam in Kent Park, all of which are in Delaware County. The
engineering designs for the removals and associated improvements have been completed and
state and federal permits have been obtained. Work is expected to begin this winter and be
completed by early summer.
American Rivers, a national river advocacy organization, and the Department of
Environmental Protection are partnering with the PFBC to advance this important project.
On November 26, 2004, the Athos I, a large cargo vessel, struck a submerged anchor
while preparing to dock in Paulsboro, N.J. The anchor punctured the hull, spilling nearly 265,000
gallons of crude oil into the Delaware River, which impacted more than 280 miles of shoreline,
affecting habitats, aquatic life, birds and other wildlife, as well as hindering recreational use of
the river.
Under the federal Oil Pollution Act, states and designated federal agencies are trustees
that evaluate the damage to and loss of natural resources from an oil spill and restore the habitat
and resources to pre-existing conditions. The owners of the Athos I exceeded oil spill liability
limits established under the Act, so the trustees submitted a claim to the U.S. Coast Guard
National Pollution Funds Center.
"We are very pleased that the Delaware River ecosystem damaged during the oil spill
now has the resources for us to work with our partners to implement numerous restoration
projects," said U.S. Fish and Wildlife Service Acting Director Rowan Gould. "Our goal is restore
habitat for local fish and wildlife so future generations can enjoy the natural beauty of the
Delaware River."
"This payment benefits the fish, birds and other wildlife of the Delaware River by
restoring the marshes, shorelines, oyster reefs and other habitats wildlife depend upon," said the
U.S. Fish and Wildlife Service's Northeast Regional Director Marvin Moriarty.
 “These projects will benefit coastal communities and economies by providing green jobs
during construction and creating new opportunities to enjoy the river and its wildlife,” said
David Kennedy, Acting Assistant Administrator for NOAA’s National Ocean Service. “This
funding also underscores the effectiveness of the Oil Pollution Act, and what state and federal
partners can accomplish when they work closely together.”
The Pennsylvania projects will include:
-- Darby Creek dam removal and stream habitat restoration;
-- Freshwater tidal wetlands restoration at John Heinz National Wildlife Refuge;
-- Shoreline restoration at Lardner’s Point; and
-- Enhancing the recreational trail on Little Tinicum Island.

Volunteers In Lake Erie Cleanup Collect 10,000 Pounds Of Trash

There are nearly 10,000 fewer pounds of litter in northern Erie County after a record 1,321
volunteers pitched in for this year's Pennsylvania-Lake Erie International Coastal Cleanup effort,
according to Keep Pennsylvania Beautiful and the Department of Environmental Protection.
On September 25, volunteers collected and documented 9,980 pounds of trash from 15
sites throughout rural areas of the county and in downtown Erie.
"This year's cleanup again demonstrated that Erie County residents are concerned about
the ecological hazards and community eyesore that litter creates," said DEP Northwest Regional
Director Kelly Burch. "Over the past eight years, these civic-minded individuals have collected a
total of 100,686 pounds of carelessly discarded material. This is a huge number and these
volunteers deserve our thanks."
Each piece of collected trash was documented on data cards. The results show that this
year, volunteers collected: 27,026 cigarette butts and cigar tips; 6,257 beverage containers; 6,715
food wrappers/containers; 5,675 beverage caps/lids/straws; and 3,229 plastic bags.
Burch also noted that this year, for the first time, volunteers separated 4,019 pounds of
the trash collected for recycling with the help of the Erie County Recycling Program.
Along with DEP, other agencies, community leaders and organizations helped plan and
execute this year's cleanup. Several Erie County schools and colleges also provided more than
half of the participating volunteers.
"Litter prevention through public action and education is the goal of this cleanup," said
Don Benczkowski, DEP's coastal resources management environmental planner and event
coordinator. "We hope that children and young adults who participate in the cleanup will
become lifelong advocates for properly disposing of trash and unwanted items."
Over the past eight years, 5,968 local volunteers have collected a total of 274,596
individual items. The information gathered in past cleanups has been used as educational
material for environmental programs in local schools and highlighted in the Erie Times-News
Newspapers in Education section.
International Coastal Cleanup is the oldest and largest volunteer project of its kind.

Pittsburgh's Phipps Conservancy Director Honored By U.S. Green Building Council

Phipps Conservancy Executive Director, Richard Piacentini, received the esteemed 2010
Leadership Award from the U.S. Green Building Council during the 2010 Greenbuild
International Conference & Expo in Chicago, IL, on November 19.
The 2010 awards recognize individuals who exemplify vision, leadership and
commitment to the evolution of green building design and construction in the private, public and
nongovernmental organization sectors.
USGBC is recognizing Piacentini for Individual Leadership in the NGO category. He has
been touted for leading the transformation of Pittsburgh’s century-old Conservatory into a model
of green building practices and environmental awareness.
In 2009, under Piacentini’s leadership, Phipps was the site of the Pittsburgh G-20 Summit
Welcome and Dinner, which showcased the conservatory as a model of environmental
sustainability.
In October 2010, Phipps Board of Directors approved construction of the Center for
Sustainable Landscapes, the final part of a major campus expansion that includes two already
completed projects: the first LEED certified visitors’ center in a public garden and the Tropical
Forest, the world’s most energy-efficient conservatory.
Construction for the CSL is set to begin in November, with a projected completion date
of December, 2011. The CSL is expected to achieve Living Building Certification, LEED
Platinum, and Four Stars in the Sustainable SITES Initiative.
“I am very excited to receive this important award from the USGBC and I think that it
speaks to the tremendous dedication and passion our staff and board have to improving our
relationship with the environment,” said Richard Piacentini.
Additional accolades for Phipps include recognition from the U.S. Environmental
Protection Agency as the number 15 green power purchaser in the nonprofit sector in the nation;
designation as one of “10 Great Botanic Gardens Across the USA” according to USA Today;
and designation as America’s Greenest Garden on a national PBS television program, “Growing
a Greener World."
For more information, visit the Phipps Conservancy website.

Video Blog: Plant A Tree Contest Earns PA $27,000, Your Vote Needed To Earn More

Through the Odwalla fruit juice Plant a Tree campaign, Pennsylvania has earned nearly $27,000
this year to pay for planting 28,372 trees State Parks. But that’s not the end of the story.
Click here to watch video.
There are $16,000 still up for grabs for certain states, and Pennsylvania is one of them.
Visit the Odwalla website and enter PA7000 for the Pennsylvania code. If you have already
voted, you can vote for up to 5 more trees.
The number of votes a state receives will equal the number of dollars it earns to plant
trees within its parks.

DCNR, Partners Offer Holiday Gifts To Boost Conservation

The Department of Conservation and Natural Resources is offering
holiday gift ideas to help conserve and protect Pennsylvania's
natural resources. As an extra bonus, buyers can beat the crowds
and save fuel by shopping online.
State Park Gift Card
For those who enjoy or have yet to experience
Pennsylvania's award-winning State Park system, a state park gift
card can be purchased in any dollar amount and may be used for
campsites, cabins and pavilions anywhere they are available in the State Park system.
Parks are a great, economical overnight destination and offer the opportunity to watch
wildlife and connect with nature. Click here to order a gift card.
Bald Eagle Nature Inn
Among other things, the gift card could be used for a stay at the Nature Inn at Bald Eagle
in Centre County. With its huge stone fireplace, large windows for watching the outside world
and connection to miles of trails at Bald Eagle State Park, the Nature Inn is a great getaway at
any time of the year.
State Park Calendar
Shoppers can also support the Commonwealth's 117 state parks by purchasing a calendar
featuring stunning photography that captures the wonders of Pennsylvania's state parks
throughout the seasons, and provides tips and facts that make it easy to discover what many
locations have to offer.
The 10" x 13" calendar costs $8.49, plus sales tax and shipping, and can be ordered by
calling 1-888-PAPARKS.
PA Parks & Forests Foundation
Holiday gift buyers may also consider a present that supports and organization that is
committed to conserving the state's natural resources, such as a membership to the non-profit
Pennsylvania Parks and Forests Foundation, which helps enhance parks and forests, and supports
conservation and environmental programs.
Wild Resource Conservation Fund
Another option is to donate in support of or make a purchase from the Wild Resource
Conservation Program. Since 1982, the program has studied and worked to conserve
Pennsylvania's rare species and habitats. Click here to donate or purchase products to help
support the Program.
Clean Creek Pottery
Finally, shoppers could consider a pottery gift with a special glaze. In a continuing effort
to help market abandoned-mine treatment technologies-particularly iron and manganese
removal-the Jennings Environmental Education Center in Butler County and its partners produce
and sell pottery glazed with minerals extracted from passive treatment systems.
Proceeds help to build and maintain treatment systems that prevent dangerous elements
from escaping abandoned mines and polluting the state's waterways. The pottery can be ordered
online at Clean Creek Pottery.

Corbett Agenda
Enjoying Our State Parks & Forests

As part of his campaign platform, Gov.-elect Tom Corbett laid out a series
of commitments on protecting the environment, developing Pennsylvania's
energy resources, enhancing agriculture and promoting sportsmen's issues.
PA Environment Digest is taking a look at the commitments he
made on State Park and Forest issues--

For nearly 20 years, the Pennsylvania Department of Conservation

and Natural Resources (DCNR) has worked to maintain and preserve the
Commonwealth’s 117 state parks and manage 2.5 million acres of state
forest land. These lands were purchased for the public good and contribute to Pennsylvania’s
economy through tourism.
DCNR is the Commonwealth’s steward of the first certified Forest Stewardship Council
(FSC) sustainable public forest system in the United States. FSC certification is a strong
economic driver that provides a critical advantage to sales for Pennsylvania’s timber and forest
products industry and helps to keep 70,000 forest products industry jobs in Pennsylvania.
DCNR is also the Commonwealth’s custodian of a state park system that recently won
the National Gold Medal Award from the American Academy of Park and Recreation
Management.
DCNR provides additional services that have become integral to communities, residents,
tourists and local economies. With the Community Conservation Partnership Program (C2P2),
DCNR’s Bureau of Recreation and Conservation has partnered with municipalities, business and
community groups, and conservation and outdoor recreation organizations throughout
Pennsylvania to “benefit rivers conservation, trails and greenways, local recreation, regional
heritage conservation and environmental programs.”
As Governor, Tom Corbett will be committed to protecting the legacy of our
commonwealth’s public lands and exemplary natural resources for the public good by making
their protection and long-term sustainability a priority.
-- Protect our State Parks. Tom Corbett is committed to keeping our nationally-acclaimed state
parks open for each and every resident to enjoy and for our local economies to benefit from them
as a tourism destination. As Governor, he will address the maintenance and backlog of
infrastructure needs of the state park system to ensure that these facilities do not fall into an
irreparable state of disrepair.
-- Address DCNR staffing needs. Given the expansion of the Marcellus Shale industry and
increased travel to state parks and forests, Tom Corbett will direct the Secretary of DCNR to
conduct an immediate assessment of staffing and program needs to determine how best to
allocate resources to the department and where funds are most needed.
To support these efforts, he also will direct the Secretary of DCNR to ensure that
allocations from the Oil and Gas Fund that are available to DCNR, are being used effectively to
support the department’s activities according to the original intent of the fund.
-- Support the Community Conservation Partnership Program. This program provides an
important service in applying conservation and outdoor recreation implementation throughout
the commonwealth. As Governor, Tom Corbett will work to leverage public- private partnerships
to identify dedicated sources of funding to maintain this program.
 A full copy of Gov.-Elect Corbett's Environmental Policy paper is available online.

PA Parks & Forest Foundation Fall Newsletter Now Available

The PA Parks and Forests Foundation Fall newsletter is now available featuring the results of the
2010 Great PA Outdoor Challenge, accessibility in Parks and Forests and pets in State Parks.
Click here to read the newsletter.

Environmental Heritage

DCNR At 15: Growing Greener II Bond Issue Ends Program

In 2004, after several years of a dedicated funding source for

conservation and recreational programs, grants, infrastructure and
other projects, a proposal went to the General Assembly to place a
ballot initiative before the citizens of Pennsylvania. The ballot
initiative, set at $625 million and dubbed Growing Greener II, was
approved overwhelmingly in the May 2005 primary election.
The bond issue program expanded the original Growing Greener to include alternative
energy development projects, downtown redevelopment, historic preservation, funding for an
energy efficient appliance tax holiday and funding for the first time to the Game and Fish and
Boat Commissions. In addition, each county was provided with funding to do local projects in
each of these and the original Growing Greener categories.
The bond issue also effectively ended the Growing Greener Program in July of 2010
when the bond proceeds ran out. The municipal waste fees used to fund the program were then
dedicate to pay for the debt service on the bond.
Click here for more on Growing Greener II.

Corbett Agenda

Expanding Hunting, Angling, Boating, Conservation Opportunities

As part of his campaign platform, Gov.-elect Tom Corbett laid out a series
of commitments on protecting the environment, developing Pennsylvania's
energy resources, enhancing agriculture and promoting sportsmen's issues.
PA Environment Digest is taking a look at the commitments he
made on hunting, angling and boating issues--

Nearly one million Pennsylvanians enjoy the commonwealth’s

world-class fishing opportunities, and Pennsylvania anglers contribute
nearly $3.5 billion annually to the state’s economy.
 Among our thousands of lakes and streams, locations like Lake Erie, Penn’s Creek, the
Yellow Breeches, Pine Creek, the Letort and Fishing creeks, and the Susquehanna, Delaware and
Allegheny Rivers offer some of the best fishing in the country and the world.
Tom Corbett is committed to protecting fishing opportunities in Pennsylvania and will
continue his efforts to keep our waterways clean. He also is committed to working with and
being an advocate for the Pennsylvania Fish and Boat Commission, and he will support the
boating and angling community.
-- Protect our waterways and environment during natural gas drilling. Tom Corbett will
work to protect our environment as we develop the natural gas fields in Pennsylvania in an
environmentally sound manner by strengthening the existing regulations for drilling and enacting
new ones that will protect the Commonwealth’s land and water. Pennsylvania is blessed with
abundant natural resources to be enjoyed by our residents, visitors and sportsmen and women. As
Governor, Tom Corbett will do everything he can to protect them. (See Tom Corbett’s Energy &
Environmental policies for additional information)
-- Expand public fishing opportunities. As Governor, Tom Corbett will support the
Pennsylvania Fish and Boat Commission in its efforts to expand public fishing opportunities and
access – especially among our state’s youth.
-- Support the Pennsylvania Fish and Boat Commission. The Pennsylvania Fish and Boat
Commission has an important mission to protect and conserve aquatic resources throughout the
commonwealth and provide for fishing and boating opportunities. As Governor, Tom Corbett
will support and work with the Pennsylvania Fish and Boat Commission in its efforts to support
Pennsylvania anglers.
Ensure Conservationism In PA
Pennsylvania’s hunters, anglers and other outdoor recreationists have worked diligently
to conserve and protect the commonwealth’s natural resources, thereby enhancing the outdoor
experience for everyone.
As Governor, Tom Corbett will be a partner and advocate in conservationism and will
work with sportsmen and women to ensure that future generations can enjoy Pennsylvania’s
natural resources.
-- Support Advisory Council for Hunting, Fishing and Conservation. As Governor, Tom
Corbett will support and maintain the Advisory Council for Hunting, Fishing and Conservation
and the Governor’s Sportsman Advisor. This advisor serves an important role in supporting
sportsmen and women throughout the commonwealth by fostering communication between the
Pennsylvania Game Commission, the Pennsylvania Fish & Boat Commission, the Department of
Conservation and Natural Resources, the sportsmen’s community and environmental advocacy
groups. This cooperative approach will help to meet and to solve challenges and issues facing
natural resource and wildlife management.
-- Maintain Pennsylvania’s farmland preservation program. Pennsylvania has been a
national leader in farmland preservation, and as Governor, Tom Corbett will support those
efforts through more efficient employment of traditional farmland preservation funding streams.
-- Continue acid mine drainage abatement efforts. Tom Corbett will work to continue the acid
mine drainage abatement programs and ensure that federal funds are spent wisely.
-- Maintain the Clean & Green program. Tom Corbett will maintain the Clean and Green
program, which helps to protect wildlife habitat and promotes sound natural resource
management.
-- Prioritize sound land use and smart growth. Continuing his commitment to conservation,
Tom Corbett will promote sound land use practices and smart growth opportunities wherever
possible.
Outdoor Heritage
Pennsylvania has a long outdoor heritage and is one of the premier hunting locations in
the country. Through our waterways, forests, countryside and mountains, Pennsylvania provided
our nearly one million hunters with great sport hunting opportunities.
As Governor, Tom Corbett will support Pennsylvania hunters and serve as an advocate to
growing hunting in the future.
-- Serve as an advocate for hunters. Tom Corbett believes that hunters, shooters and other
sportsmen and women play an important part in the state’s economy and conservation future. He
will strengthen the role of the Governor’s Sportsmen’s Advisory Council and will work with the
council on all issues that affect the hunting and outdoor community.
-- Promote greater outdoor participation among youth and adults. Tom Corbett recognizes
that hunting license sales in Pennsylvania have decreased over the past eight years. As Governor,
Tom Corbett will promote and work with the Pennsylvania Game Commission to expand
hunting and outdoor opportunities. He also will encourage greater youth involvement in
Pennsylvania’s outdoor activities through online education efforts coordinated by the
commission and the Governor’s Office.
-- Support outdoor and hunting related education. Initiatives such as adult and youth hunter
education, mentoring youth hunting and creative new approaches to hunter recruitment and
retention help to expose varied audiences to Pennsylvania’s wildlife and hunting opportunities.
These efforts also keep Pennsylvania a safe and enjoyable place to enjoy the great outdoors.
As Governor, Tom Corbett will encourage and support outdoor education and hunter
recruitment efforts to strengthen and secure Pennsylvania’s hunting tradition.

A full copy of Gov.-Elect Corbett's Sportsmen Heritage paper is available online.

Opportunity To Bid On DEP Cultural Resources Consulting Services

The Department of Environmental Protection published notice of an opportunity to bid on a

cultural resources services contract related to the Bureau of Waterways Engineering (Pa Bulletin
page 6838)

Game Commission/HACC To Offer Wildlife Certificate Program

Want to get more out of your outdoor excursions, or perhaps thinking of pursuing a career in an
outdoor field? If so, you may be interested in a new Wildlife Certificate Program being offered
by the Game Commission and Harrisburg Area Community College.
Courses being offered include: "Focusing on Snow Geese," by Hal Korber and Tracy
Graziano, Game Commission videographers and photographers; "Backyard Habitat
Management," by Eric Miller, biologist with the Game Commission's Bureau of Wildlife Habitat
Management; "Map Reading and Orienteering," by Bill Capouillez, Game Commission Bureau
of Wildlife Habitat Management director, and Dave Gustafson, Game Commission chief
forester; "Mammal Identification," by John Dunn, Game Commission Bureau of Wildlife
Management Game Section supervisor; "Introduction to Basic Target Archery," by Julie Imes,
Game Commission Outreach Coordinator; and "Wildlife Conservation, Management and
History," by various Game Commission staff from the Bureau of Wildlife Management and
Bureau of Information and Education.
Open House January 29
To learn more about what's being offered in this new program, an introductory event is
being held at the Game Commission headquarters, 2001 Elmerton Avenue, in Harrisburg, on
January 29, from 9 a.m. to noon.
Speakers will include Jack Hubley, WGAL-TV personality; Dr. Gary San Julian, Penn
State University Wildlife Resources professor; and Kermit Henning, WHTM-TV personality and
Pennsylvania Outdoor Writers Association past president.
Cost is only $10 for this introductory event. Light refreshments will be served. To pre-
register call HACC at 717-780-2414 and reference the Fall Non-Credit Catalog, Wildlife
Certificate Program, session number 61143, or visit HACC's online catalog and enter 61143.
For more information, contact Bob Wesoloskie, at 717-787-4250, ext. 3623, or send
email to: rwesoloski@state.pa.us.

Help Wanted: PA Trout Unlimited Seeks Coldwater Resource Specialist

The PA Council of Trout Unlimited is seeking a full-time position to oversee the Coldwater
Heritage Partnership Program, whose mission is to protect the health and productivity of the
state’s most outstanding coldwater ecosystems.
The position is based out of the Fish and Boat Commission office in Pleasant Gap, Pa.
The Coldwater Resource Specialist’s primary objective is to implement the Council's
involvement in the Coldwater Heritage Partnership Program. This program targets the
conservation of Pennsylvania's coldwater streams and is a joint effort of TU, Fish & Boat
Commission, the Foundation for Pennsylvania Watersheds and the Department of Conservation
and Natural Resources. Management and oversight of additional programs will also be
necessary.
Successful candidate should have a background in biology or environmental science.
Minimum of bachelor’s degree and 3 years experience in related conservation work required.
Candidate must be self-motivated and have the ability to work independently as well as
with a team. Excellent written and oral communication skills are required. Computer skills with
some webpage development preferred.
We seek a creative thinker interested in communicating the importance of protecting and
improving our coldwater streams and fisheries. Must have valid driver’s license and be willing to
travel.
To apply, please send resume and cover letter with a brief explanation of why you would
like the position by December 18 to Bob Pennell, Secretary, PA Council of Trout Unlimited,
2319 Valley Road, Harrisburg, PA 17104 or send email to: rpennell37@comcast.net.

Help Wanted: Education Manager The Professional Recyclers of PA

The Professional Recyclers of Pennsylvania is seeking qualified applicants to fill the position of
Education Manager.
 The Education Manager will develop and administer the organization’s Recycling
Professional Certification Program, serve on various committees related to the Certification
Program, and assist the Executive Director with various Certification Program publications,
other educational programs, conference planning, and similar projects.
Applicants should possess Bachelor’s Degree in Adult Education, Environmental
Resource Management, Environmental Studies, Environmental Education, a related field or
equivalent experience. Related work experience and knowledge of adult education, solid waste
management, recycling and government management preferred.
Resumes and letters of interest should be directed to Becky Miller, PROP, P.O. Box 25,
Bellwood, PA 16617, by December 17.

Grants & Awards

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

December 15-- Western PA Conservancy, Dominion Watershed Mini Grants

December 17-- DEP Environmental Education Grants
December 17-- Coldwater Heritage Partnership Grants
December 30-- PA Parks & Forest Foundation 2011 Awards
December 31-- Fish & Boat Commission 2010 Photo Contest
December 31-- PPL Small Business Energy Audits
ASAP-- NRCS Health Forest Reserve Program Grants
January 7-- PA Conservation Corps Grants
February 15-- PennVEST Water Infrastructure Funding
February 25-- NEW. Foundation for PA Watersheds Grants
March 1-- Schuylkill Action Network Schuylkill Stories Contest
March 1-- Schuylkill Action Network Drinking Water Scholastic Award Contest
April 20-- DCNR Community Conservation Partnership Grants
June 30-- DEP Nitrogen Tire Inflation System Grants
August 26-- NEW. Foundation for PA Watersheds Grants

Other Funding Programs

-- DEP PA Sunshine Solar Energy Rebates
-- CFA High Performance Building Financing (Program Link)
-- CFA Solar Energy Financing (Program Link)
-- CFA Geothermal, Wind Energy Projects (Program Link)

-- Visit the DEP Grants and Loan Programs webpage for more ideas on how to get financial
assistance for environmental projects.

Quick Clips

Here's a selection of NewClips on environmental topics from around the state--

After Indictment, Musto Says I Want My Day In Court
PEC Posts Green Financing Presentations
Budget
Top PA Officials To Get Automatic Pay Raises
Marcellus Impact Fee Getting Close Look
Op-Ed: Start Cutting Here, School Building Subsidies Gov. Corbett
Editorial: Taxpayers Should Push For Marcellus Shale Fee
Other
Letter: Disregard For Environment Will Haunt Us In Future
Op-Ed: The Sport Of Recycling
Bill To Mandate E-Waste Recycling Could Soon Be Law
Allegheny County Dump Site Violated Clean Streams Law
Free Furnace Program In Second Decade
Subsidies For Energy Efficiency Dry Up
PA Exceeds Its Goal On Solar Energy
Twp. Will Review Solar Rules
Making The Case For Solar Panels In Northampton Schools
DEP Looking To Fund Fuel Cell Backup Energy Projects
PA Farmland Tax Program To Be Altered By Bill
Westmoreland Natural Gas Power Plant Project Moves Forward
Allegheny Energy Power Line Project Halted In SW
New TNC Study Promotes Habitat-Based Energy Development
Op-Ed: Should Green Energy Really Be Next Big Thing?
Slick Appears On Grapeville Property After Rain
Conservancy Support Blooms With Bank's Help
Fort Pitt Tunnel Greenspace Saved
Researchers Study Bird Safe Glass
PA Counts On Elk To Drive Tourism
Expert: Amount Of Shale Activity May Be Shocking To Hunters
Hunters Advised To Be Careful Around Drilling Sites
Game Commission, Unified Sportsmen Head To Deer Showdown
Details Of Presque Isle Deer Hunt Announced
EPCAMR Organizes Tour Of Historical Mining For VISTA Workers
MSHA Warns 13 Mines Of Pattern Of Violations, None In PA
Feds Adopting Tougher Approach To Mine Safety
War On Coal Pits Miners Against Environmentalists
For Coal Families, Mining Is Their Lifeblood

Marcellus Shale NewsClips

Here are NewsClips on topics related to Marcellus Shale natural gas drilling---

Hanger Challenges Corbett On Natural Gas Drilling

Family Fights Driller For Law Co-Owners; Consent Not Sought
Hunters Advised To Be Careful Around Drilling Sites
Expert: Amount Of Shale Activity May Be Shocking To Hunters
Terror Research Firm Sues Drilling Activists
SRBC Plans Monitoring In Tioga County Tributaries
DEP Studying Leak At Lycoming Gas Well
DEP Investigating Frack Fluid Spill
DEP Says It Has No Authority To Permit Drilling Water Withdrawals In Western PA
Brockway Municipal Authority Sues Over Drilling Project In Watershed
PA Gas Drilling Dumpling Waste In New York
New TNC Study Promotes Habitat-Based Energy Development
Gas Drilling Problems Discussed In Ridgway
End Of Drilling Impacts Economy In Luzerne
Out Of Gas: Luzerne Boom Goes Bust
First Gas Site Owner Sad At News
No Drilling By Encana Is Good News To Activists
Luzerne Still Has Interested Gas Companies
Other Groups Will Keep Drilling In Luzerne
As Drillers Leave, Land Returns To Market
Gas Drilling Impacts Residents' Rights
Shale Drilling Foes Bring Message To Green Tree
Hempfiled Twp Advised To Draft Drilling Rules
Westmoreland Natural Gas Power Plant Project Moves Forward
Expert On Fracking To Speak At Luzerne Community College Dec. 16
Haliburton Lists Frack Ingredients
Gas Workers Get To Know The Drill
Op-Ed: Pittsburgh Closes Its Mind To Drilling
Editorial: The Gas Boom, Be Smart About What You Hear
Financial
Cabot Sells Susquehanna Gas Lines To Williams
Cabot To Sell Midstream To Williams

Watershed NewsClips

Here are NewsClips on watershed topics from around the state--

Horticulture Students Build Rain Garden In New Stanton

Mussels May Indicate Delaware River Cleaner Than Thought
SRBC Plans Monitoring In Tioga County Tributaries
Letter: EPA Is On Right Track With Bay Cleanup Request
Letter: EPA Works With State On Bay Obligations
Dairy Farmers Still Trying To Recover
Laurel Hill Creek Approved As Planning Areas
Editorial: Pittsburgh Water Subsidy Unfair, Outmoded
Philadelphia Water Dept. Needs Spokesdogs

Regulations, Technical Guidance & Permits

The Susquehanna River Basin Commission published notice of consumptive water use
approvals.

Pennsylvania Bulletin - November 27, 2010

Proposed Regulations Open For Comment - DEP webpage

Proposed Regulations With Closed Comment Periods - DEP webpage

Rolling Regulatory Agenda - DEP webpage

Technical Guidance & Permits

The Department of Environmental Protection published notice of final riparian forest buffer
guidance. The Executive Board published notice of a reorganization of the Department of
Conservation and Natural Resources.

Final: DEP ID: 394-5600-001. Riparian Forest Buffer Guidance. The Department published the
proposed Riparian Forest Buffer Guidance (Guidance) at 39 Pa.B. 5663 (September 26, 2009),
announcing a 60-day public comment period. Comments were received from 20 commentators
through the public comment period and the Guidance was revised to address comments.

Technical Guidance Comment Deadlines - DEP webpage

Copies Of Draft Technical Guidance - DEP webpage

Copies of Final Technical Guidance - DEP webpage

Calendar Of Events

Upcoming legislative meetings, conferences, workshops, plus links to other online calendars.
Meetings are in Harrisburg unless otherwise noted. NEW means new from last week. Go to the
online Calendar webpage.

Click on Agenda Released on calendar entries to see the NEW meeting agendas published this
week.

December 7-- CANCELED. DEP Storage Tank Advisory Committee meeting. (formal notice)
December 8-- Agenda Released. Delaware River Basin Commission meeting. West Trenton,
NJ. (formal notice)

December 9-- Agenda Released. DEP Coal And Clay Mine Subsidence Insurance Fund Board
meeting. 10th Floor Conference Room, Rachel Carson Building. 10:00. (formal notice)

December 10-- CANCELED. DEP Coal and Clay Mine Subsidence Insurance Fund Board
meeting. (formal notice)

December 10-- DEP Board for Certification of Water and Wastewater Systems Operators.
Rescheduled from December 17. 10th Floor Conference Room, Rachel Carson Building. 10:00.
(formal notice)

December 16-- NEW. Susquehanna River Basin Commission meeting to consider water
withdrawal requests. Agenda. Aberdeen, MD. (formal notice)

December 16-- Forestry Task Force, Joint Legislative Air & Water Pollution Control and
Conservation Committee. Celebration Hall, State College. 10:00.

December 17-- CANCELED. DEP Board for Certification of Water and Wastewater Systems
Operators. Rescheduled for December 10. (formal notice)

DEP Calendar of Events

Environmental Education Workshop/Training Calendar (PA Center for Environmental

Education)

Senate Committee Schedule House Committee Schedule

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

Stories Invited

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

PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department

of Environmental Protection and is published as a service to the clients of Crisci Associates, a
Harrisburg-based government and public affairs firm whose clients include Fortune 500
companies and non-profit organizations. For more information on Crisci Associates, call
717-234-1716.

PA Environment Digest was the winner of the PA Association of Environmental Educators'

2009 Business Partner of the Year Award.
Supporting Member PA Outdoor Writers Assn./PA Trout Unlimited

PA Environment Digest is a supporting member of the Pennsylvania Outdoor Writers

Association, Pennsylvania Council Trout Unlimited and the Doc Fritchey Chapter Trout
Unlimited.