Pennsylvania DEP to EPA:
Monongahela River is impaired
Pittsburgh Business Times - by Anya Litvak
Date: Wednesday, December 29, 2010
The Pennsylvania Department of Environmental Protection has submitted its
_assessment of water quality_
(http://www.portal.state.pa.us/portal/server.pt/community/water_quality_stan…
010/682562) to the Environmental Protection Agency, asking the federal
government to categorize as impaired about 68 miles of the Monongahela River,
among other water bodies.
The DEP _signaled the move earlier this month_
(http://www.bizjournals.com/pittsburgh/news/2010/12/02/dep-might-want-mon-la…) when
it informed the Allegheny Conference on Community Development that it would
be seeking the impairment status because of high total dissolved solids
and sulfates in the river.
Impairment is a label given to parts of streams or lakes that either aren’t
attaining water quality standards or won’t be doing so in the future
without changes. The highest category of impairment warrants the DEP to study
the area’s discharge sources and come up with a total maximum discharge
limit, or TMDL, to improve water quality.
A TMDL plan involves surveying the sources that discharge into the impaired
water and adjusting their discharge permits to achieve the desired water
content, a move that could mean new restrictions for businesses. The DEP
completed 110 such plans in 2008 and 2009.
Parts of streams and lakes can be considered impaired for several uses,
including aquatic life, recreation, water supply and fish consumption.
The DEP found that:
* More than 10,000 miles of streams have been deemed impaired as a
result of the statewide assessment over the past two years.
* Pennsylvania has 5,546 miles of waters impaired as a result of
abandoned mine drainage, another 5,380 miles impaired by agriculture and 2,302
miles by urban runoff/storm sewers.
* The presence of metals in streams account for 5,060 of impaired
miles, while siltation, the largest cause of impairment, affects 8,274 miles.
Total dissolved solids and chlorides account for 198 miles of impaired
stream miles.
* A survey of Pennsylvania lakes revealed that more than 40,000 acres
were impaired for fish consumption as a result of high mercury counts.
* About 68 miles of the Monogahela River were added to the list of
stream miles impaired for potable water supply. The sources listed were
abandoned mine drainage, industrial point sources and subsurface mining, with
the polluting element identified as “other inorganics.”
* Dunkard Creek had about 35 miles categorized as impaired for
aquatic life because of salinity, TDS, chlorides, exotic species and osmotic
pressure associated with subsurface mining.
* Anywhere from a handful to more than a dozen miles of the following
creeks were newly listed as impaired for either aquatic life or recreation
because of high pathogen levels in the water: Jacks Run, Chartiers Creek,
Sewickley Creek, Raccoon Creek, Connoquenessing Creek, Slippery Rock Creek
on the Mon River, and Crooked Creek and Dunlap Creek on the Allegheny
River.
* About 9 miles of the Allegheny River also got the designation for
recreational use because of pathogens.
* The DEP added 3.2 miles of the Stoneycreek River to the impaired
list because of salinity, total dissolved solids or chlorides associated with
acid mine drainage.
* Siltation from road runoff impaired about 3 miles each of Montour
Run and Pucketa Creek on the lower Allegheny River.
The complete list of waters designated as impaired and requiring a survey
and plan to manage discharges is available on the DEP's website at _streams_
(http://files.dep.state.pa.us/Water/Drinking%20Water%20and%20Facility%20Regu
lation/WaterQualityPortalFiles/2010%20Integrated%20List/Category5Streams.pdf
) and _lakes_
(http://files.dep.state.pa.us/Water/Drinking%20Water%20and%20Facility%20Regu…
ory5Lakes.pdf) .
_EPA Greenhouse Gas Regulation _
(http://fuelfix.com/blog/2010/12/20/epa-greenhouse-gas-regulation-won’t-caus…)
Won’t Cause the Sky to Fall
Posted on December 20, 2010 at 3:05 pm by _Victor Flatt_
(http://fuelfix.com/blog/author/victorflatt/) in _Climate_
(http://fuelfix.com/blog/category/climate/) , _Climate Change_
(http://fuelfix.com/blog/category/climate/climate-change/) , _Efficiency_ (http://fuelfix.com/blog/category/efficiency/)
, _Electricity_ (http://fuelfix.com/blog/category/electricity/) ,
_Environment_ (http://fuelfix.com/blog/category/environment/)
With the DC Circuit finding that those opposed to greenhouse gas regulation
by the EPA have not shown irreparable harm if it goes forward, and with
the withdrawal of Senator Rockefeller’s proposal to delay implementation,
come Jan. 2, 2011, the EPA will officially begin regulation of greenhouse
gases as a pollutant under the Clean Air Act. Since every state has received
authority to implement the Clean Air Act’s requirements within the state,
this means that all fifty states need to be ready and able to begin
permitting of major sources of greenhouse gases at this time. As of this time, the
EPA estimates that all states (except Texas, which has refused) will be
ready to implement the requirements by January 2 or shortly thereafter.
Perhaps now that the actual limited regulation will begin, those who have
been saying that the regulation will be incredibly complex and harm the
economy and energy sources can finally stop crying wolf and move on to their
jobs of securing permits for needed sources. Because the truth is that the
permitting sources should be able to implement the program without much
difficulty.
First of all, the scope is limited. Initially, it only applies to large
sources that would already undergo PSD permitting. Moreover, the EPA has
been relatively clear through guidance about what kind of Best Available
Control Technology (BACT) it expects from sources that must be permitted. More
or less, the EPA is asking that any power generation boilers be ultra
efficient, that the use of lower carbon impact fuels be employed where feasible,
and that any technology that is necessary for the ultimate implementation
of carbon capture be considered. Each of these decisions will be made in a
one on one negotiation with the state that is permitting the source.
Though the states have themselves been nervous about coming up to speed, the
procedure is no different from the BACT requirements that they already
impose. In fact, because of its limited scope, there won’t be very many permit
applicants, meaning that these first few should not be that difficult to
implement, if the sources themselves are reasonable and negotiate in good
faith.
If any attorneys want to continue to cry wolf and make this more difficult
than it has to be, they can do so, but they do so at the risk of hurting
their clients’ interests. You can continue objecting all you want and try to
continue to paint the EPA as the bad guy, but in the next few months, you
will be proven wrong. So my advice is to get down to business.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
EPA LAUNCHES WEBSITE INFORMING THE PUBLIC ON EPA REGULATIONS
EPA has launched Reg Stat, a new website that provides information on the
number, type, and range of regulatory documents developed each year by the
agency, and the important role the EPA regulatory system plays in addressing
the nation's environmental problems. Based on EPA documents published in
the Federal Register between 2005 and 2009, both summary graphics and
searchable data tables can be downloaded and sorted based on categories of
interest. Complex terminology is explained. For more information, go to Reg
Stat _http://www.epa.gov/regstat_ (http://www.epa.gov/regstat) .
HISTORIC VICTORY FOR THE CITIZENS OF NEW YORK STATE
In an amazing victory for the citizens of New York State, Governor David
A. Paterson has issued an Executive Order directing the Department of
Environmental Conservation (DEC) to conduct further comprehensive review and
analysis of high-volume hydraulic fracturing in the Marcellus Shale. The
Executive Order requires that, if approved, high-volume, horizontal hydraulic
fracturing would not be permitted until July 1, 2011, at the earliest. New
York State becomes the first state to have a formal prohibition on high volume
horizontal hydrofacking because of concerns about environmental impacts.
Regretablly instead of signing the "Moratorium Bill" legislation sent to
him that included a prohibition on vertical hyrdofracking that was passed by
on overwhelming bi partisan majority in both houses of the State
government he decided instead to succumb to industry pressure and issue the
Executive Order that eliminates vertical wells from the prohibition. While the
Executive Order is historic and proves that our concerns over hydrofracking are
legitimate it is also a disappointment because vertical wells are also
dangerous.
The gas and oil industry lobby deliberately misinterpreted a section of
the Moratorium Bill claiming it would bring all gas drilling in New York
State to a halt. The bill only specified a moratorium on drilling for wells
using hydrofracking, whether they are vertically or horizontally drilled.
A moratorium banning the fracking of vertical wells is very important for
several reasons:
1. Gas companies have been clear that they plan to drill vertical wells
in the Utica and Marcellus shale with the intention of converting them to
horizontal wells.
2. While the State Senate was considering a two-year moratorium on
horizontal wells the gas industry threatened to drill and frack 16 vertical
wells every square mile in retribution if a moratorium on fracked horizontal
wells was passed.
3. Some of the worst water contamination problems, such as in Dimock,
PA came from vertical wells drilled and fractured in the Marcellus Shale.
We now look to Governor Elect Andrew Cuomo to protect the Citizens of New
York from the dangers of hydro fracking by any method including vertical
drilling and horizontal drilling and including all shale formations.
>>>>>>>>>>>>>>>> BELOW IS THE GOVERNORS PRESS RELEASE
<<<<<<<<<<<<<<<<<<<<<
Governor Paterson Issues Executive Order on Hydraulic Fracturing
* by _New York State Office of the Governor_
(http://r20.rs6.net/tn.jsp?llr=izqu84bab&et=1104061578432&s=10856&e=001nTcH8…
Y7CFk06387yENFfa9EOPcA4mG3gDvRFfGW6J-Hy2lkv0Rw3ItnIdcLWr5jj0xAD5Al1NIcDYjgme
tOIFUjRx0bUBp37NYP_v27f)
ALBANY, NY (12/11/2010)(readMedia)-- Governor David A. Paterson has issued
an Executive Order directing the Department of Environmental Conservation
(DEC) to conduct further comprehensive review and analysis of high-volume
hydraulic fracturing in the Marcellus Shale. The Executive Order requires
that, if approved, high-volume, horizontal hydraulic fracturing would not be
permitted until July 1, 2011, at the earliest. This should allay any fears
that high-volume hydraulic fracturing and horizontal drilling under study
by DEC will commence without assurances of safety.
"We in government must always focus on protecting the well-being of those
whom we represent and serve, but we also have an obligation to look to the
future and protect the long-term interests for our State and its
residents," Governor Paterson said. "Therefore, I am proud to issue this Executive
Order, which will guarantee that before any high-volume, horizontal hydraulic
fracturing is permitted, the Department of Environmental Conversation will
complete its studies and certify that such operations are safe."
Permits for high-volume, horizontal hydraulic fracturing can not be issued
until the Department of Environmental Conservation (DEC) completes a
Supplemental Generic Environmental Impact Statement (SGEIS), which is currently
being developed. As a result, there is already in place a de-facto
moratorium on such permits.
The Governor issued the Executive Order contemporaneously with his veto of
S.8129-B/A.11443-B, which would have suspended the issuance of new oil and
gas drilling permits through May 15, 2011, including all conventional,
low-volume, vertical oil and gas wells.
"This legislation, which was well intentioned, would have a serious impact
on our State if signed into law. Enacting this legislation would put
people out of work - work that is permitted by the Department of Environmental
Conservation and causes no demonstrated environmental harm, in order to
effectuate a moratorium that is principally symbolic," Governor Paterson said.
"Symbols can have great importance, but particularly in our current
terrible economic straits, I cannot agree to put individuals out of work for a
symbolic act."
"I am sympathetic to the sponsors' desire to protect the environment and
public health, and I respect the concerns that produced this legislation,"
the Governor continued. "But this legislation does not accomplish this
purpose, since the activities at the heart of the moratorium are not currently
taking place, and would not take place until well after the legislation's
proposed moratorium."
The bill goes well beyond high-volume, horizontal hydraulic fracturing and
effectively would result in a moratorium on all new oil and gas well
drilling in this State. The cessation of such new activity, even for a limited
period, would have substantial negative financial consequences for the
State, local governments, landowners and small businesses involved in
conventional oil and gas production.
The Division of the Budget estimates that the bill would cause a
substantial reduction in State revenues from the loss of permit fees and tax
revenue. With a $315 million budget gap in the current fiscal year, and a
projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply
cannot afford to send hundreds and perhaps thousands of jobs, and millions
of dollars in capital investment to Pennsylvania and other states to our
south.