CLEAR December 2010

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Monongahela River is impaired says PA-DEP
by Duane330＠aol.com 30 Dec '10

30 Dec '10

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) .

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EPA In Service To America
by Duane330＠aol.com 21 Dec '10

21 Dec '10

_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) .

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Temporary ban on FRACKING in NY State
by Duane330＠aol.com 12 Dec '10

12 Dec '10

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.

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......... Happy Birthday to EPA........40 yoa
by Duane330＠aol.com 08 Dec '10

08 Dec '10

GEOLOGIC SEQUESTRATION REPORTING RULES ENSURE SAFETY AND USE OF THE TECHNOLOGY TO REDUCE GREENHOUSE GAS EMISSIONS On Nov. 22, EPA finalized two rules for large emitters of greenhouse gases such as coal fired plants to foster the use of an environmentally safe geologic sequestration/storage technology in reducing greenhouse gas emissions. One rule ensures drinking water protection during the carbon sequestration process, the other tracks the amount of carbon dioxide that is stored underground for long-term storage. For more information on the geologic sequestration rule, go to _http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm_ (http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm) More information on the greenhouse gas reporting final rule: _http://www.epa.gov/climatechange/emissions/ghgrulemaking.html_ (http://www.epa.gov/climatechange/emissions/ghgrulemaking.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> HEALTHY WATERS BLOG CURRENT HIGHLIGHTS Happy 40th Birthday, EPA - What do you think EPA's priorities for the future should be? Help shape the next 40 years of environmental protection! Visit the Healthy Waters Web site at _http://blog.epa.gov/healthywaters/_ (http://blog.epa.gov/healthywaters/)

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CLEAR December 2010