Tuesday PA Environment & Energy NewsClips 10.11.22

Are You Telling Your Story?

Senate returns to session October 17, 18, 19, 24, 25, 26, November 15 [Adjourn for year]

     -- Committee Schedule

House returns to session October 24, 25, 26, November 14, 15, 16 [Adjourn for year]

     -- Committee Schedule

TODAY’s Calendar Of Events 

 

WEDNESDAY 9:00:  Agenda Posted. Environmental Quality Board meeting.  Room 105 Rachel Carson Building.  See webpage for remote options to join the meeting. Contact: Laura Griffin laurgriffi@pa.gov or 717-772-3277. [Note: Conventional Oil & Gas Methane, PFOS MCL Regulations.]  Read more on the agenda.

 

-- DEP: Tuesday Declared Air Quality Action Day In Liberty-Clairton Area Allegheny County 

 

-- Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers - By James M. Seif, Former EPA Region III Administrator, Secretary of DEP  [PaEN]

 

-- Indiana Gazette: Crooked Creek Tributary To Benefit From $322,920 DEP Watershed Restoration Grant 

 

-- MCall: Catasauqua Borough Won’t Have Fluoride In Its Water Much Longer, Here’s Why

 

-- AP: Dynamite Truck Explodes At Schuylkill County Quarry Leaving Several Injured  

 

-- Republican Herald: Powerful Dynamite Truck Blast At Schuylkill County Quarry Shakes Western Schuylkill And Beyond  

 

-- Warren Times: Drug Take Back Day Set For Oct. 29 In Warren County

 

-- Lancaster Farmland Trust Renews Its Focus On Farmland Preservation In Lancaster County  [PaEN]

 

-- WFMZ: White House Christmas Tree Selected From Schuylkill County Farm

 

-- DCNR Accepting Nominations For 2023 Pennsylvania Trail Of The Year [PaEN]

 

-- MCall: Signs In PA Parks, Trails Asking Residents To Report Sightings Of Bigfoot Weren’t Posted By DCNR Officials

 

-- NextPittsburgh: A Century Of Recreation And Business On Herr’s Island In Pittsburgh: It Doesn’t Stink Anymore

 

-- Forbes Trail Trout Unlimited Hosts Military Veterans For A Rewarding Day Of Trout Fishing In Westmoreland County - By Larry D. Myers, President, Forbes Trail Trout Unlimited 

 

-- Williamsport Sun: Lycoming Clean Water Institute Hosts Fish Commission Oct. 12 On Rule Preventing  Spread Of Invasive Aquatic Species

 

-- Williamsport Sun: Eastern Hellbender Topic At Oct. 18 Loyalsock Creek Watershed Assn. Meeting

 

-- York Dispatch: ‘Fat Bear Week’ Helps Spotlight York County’s Own Bear Population

 

-- WESA: Researchers Confirm Western PA Birdwatcher’s Discovery: Hybrid Rose-Breasted Grosbeak And Scarlet Tanager Songbird 

 

-- PennLive - Marcus Schneck: Deadly Rabbit Disease Leads Game Commission To Create Disease Management Area

 

6th Oil/Natural Gas Spike: True Energy Independence Means Renewables

[There Is No Limit To What Oil/Natural Gas Industry Can Make You Pay]

 

-- TribLive: OPEC Production Cut Behind 3rd Straight Week Of Rising Gasoline Prices, Analyst Says  

 

American Rescue Plan Funding

 

-- $11 Billion In Federal American Rescue Plan Funding To PA State Government, Local Governments Has Yet To Be Invested.  What’s Your Community Doing?

PA Politics - Everything Is Connected

-- NYT: PA Republican Gubernatorial Candidate Mastriano’s Attacks On Jewish School Set Off Outcry Over Antisemitic Signaling

-- LancasterOnline: New Documents Reveal Role Of Cumberland County ‘Proud Boy’ In Alleged Seditious Conspiracy Plot

-- Post-Gazette: Billboards Touting Republicans Supporting Shapiro For Governor Going Up Around Pittsburgh

-- AP: Fight For Black Voters Intensifies In Close PA U.S. Senate Race

-- Politics PA: PA Senate Preview - Southcentral

--Post-Gazette: Rep. Tony DeLuca, Longest-Serving Member Of PA House, Dies At 85

-- TribLive: Rep. Tony DeLuca Dead At 85

-- TribLive Editorial: When PA Supreme Court Justice dies, Who Should Decide On Replacement?

-- TribLive: Fmr Allegheny County Jail Captain Wins Nearly $1 Million Verdict In Retaliation Lawsuit

-- TribLive: Pittsburgh Public Schools Encourage Students To Explore Career Options Without Leaving City

-- Inquirer: Montgomery County School District Nexes Halloween Parade Due To Inclusion, Safety Concerns

-- Inquirer: College Enrollment Increasing In Philly Area, But Still Aren’t At Pre-Pandemic Levels

-- WHYY: Free Tuition For Indigenous People To Public Universities Across PA?  A Bill Is On The Way

-- Inquirer: Testing Sewage For COVID Is Providing Valuable Data, But Philly Seeks To Get Faster Results

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[Posted: October 11, 2022]  PA Environment Digest

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PUC: Severe Weather Drove Record High Number Of Power Outage Events In 2021

A total of 63 “reportable outage events” during 2021 disrupted electric service to residents and businesses across Pennsylvania – all related to the impact of weather on the state’s power grid – marking a substantial increase over previous years and marking the highest number of incidents since the Public Utility Commission began collecting this type of reliability data in 1993.

The PUC’s latest Electric Service Reliability Report details reliability information for the 2021 calendar year for the state’s 11 electric distribution companies (EDCs), including Citizens’ Electric, Duquesne Light, Metropolitan Edison, PECO, Pennsylvania Electric, Pennsylvania Power, Pike County Light & Power, PPL Electric Utilities, UGI Utilities, Wellsboro Electric and West Penn Power.

According to the report, most EDCs struggled to meet key reliability performance benchmarks during 2021. 

While some of the outage events could be attributed to aging infrastructure, the number of reportable outage events due to severe weather appear to be increasing in frequency for all EDCs, including those that have strong infrastructure improvement plans. 

As noted in the report, this information is not provided as an excuse for a decline in reliability performance of the EDCs, but rather to reiterate the importance of EDCs continuing to invest in reliability improvement and resilience to weather events.  

The EDCs continue to accelerate infrastructure improvement and to work on improving reliability and resilience through their Long-Term Infrastructure Improvement Plans (LTIIPs).  

The three EDCs that have expended the most capital through their LTIIPs (Duquesne, PECO, and PPL) have been the most consistent in achieving benchmark performance the past three years. 

Ongoing Concerns with Trees

Trees continue to be a key factor for service reliability – especially trees that are located outside the utility right-of-way.  Downed trees or falling tree limbs are the number one cause of electric service outages across the state.

EDCs continue intensifying vegetation management on their right-of-way corridors. However, off-right-of-way trees are causing most of the damage and often result in road closures that lead to significant delays in power restoration and negatively impact the reliability and resilience of Pennsylvania’s electric distribution system. 

Smaller Storms in 2021 Helped Limit Some Impacts

While the tempo of storm outage events in Pennsylvania continued to increase, from 46 in 2020 to 63 in 2021, those storms had a more limited impact in terms of total customers impacted.  

Further, even as the total number of storms and outage events increased, there was a notable reduction in the number of incidents classified as “major events,” decreasing from 29 events during 2020 to 22 in 2021.

Overall, the outage events in 2021 were primarily driven by heavy rain and high winds during spring and summer thunderstorms, interrupting service to 1.9 million customers. 

This was less than the 2.4 million customers impacted by events in 2020.  

Significant outage events in 2021 included the remnants of Hurricane Ida, multiple tornados, and several severe thunderstorm systems.

PUC Exploration of Reliability Improvements

In response to growing concerns, the PUC initiated an Electric Reliability Collaborative, bringing together the EDCs, the Energy Association of Pennsylvania and the state’s Office of Consumer Advocate and Small Business Advocate to explore key issues.

Over a series of meetings from the summer of 2021 through the spring of 2022, the collaborative discussed issues including electric reliability in general, ways to address off-right-of-way trees, performance metrics, the work of other states, and various regulatory and procedural issues – all focused on how the Commission, EDCs and other stakeholders can enhance electric reliability for Pennsylvania consumers.

Recommendations and potential next steps are being developed by the PUC’s Bureau of Technical Utility Services for future consideration by the Commission as this process moves forward.

Click Here for a copy of the Electric Service Reliability Report.

Related Articles:

-- Gov. Wolf: 2021 Climate Impacts Report Projects Pennsylvania Will Be 5.9° F Warmer by Midcentury, Precipitation To Increase, Targets Areas to Reduce Risk

-- New PUC Report Indicates Severe Storms Drive Record Number of Power Outage Events Across PA In 2019  [2020]

[Posted: October 11, 2022]  PA Environment Digest

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IRRC Sends Order Laying Out Formal Reasons For Disapproving The Final EQB Manganese Reg; EQB/DEP Now Have 40 Days To Decide How To Proceed

On October 11, the Independent Regulatory Review Commission formally sent DEP its order laying out the reasons for its September 15 disapproval of the final Environmental Quality Board regulation setting a water quality standard for manganese DEP said would protect public health and aquatic life.

The EQB/DEP will now have 40 days-- until November 20-- to decide whether to resubmit the regulation to IRRC with or without changes, if they want to proceed with the rulemaking.

The EQB is scheduled to meet October 12 and DEP will no doubt give the Board an update on the status of this regulation.  Read more here.

Reasons For IRRC Disapproval

The reasons for the IRRC disapproval are no surprise--

-- DEP did not comply with the intent of Act 40 of 2017 to promulgate a final regulation moving the point of compliance from the point of discharge to the point of water withdrawal and use.  The regulation uses the point of discharge into a stream.

-- IRRC agreed with the House Environmental Committee that including two alternatives and inconsistent points of compliance in the proposed rulemaking is a violation of the Regulatory Review Act.

-- DEP did not adequately document the expected compliance costs on the regulated community, the state, political subdivisions and the private sector, which was also a concern of the Senate Environmental Committee.

-- IRRC said it was not clear if it was technically feasible for some dischargers to meet the manganese standard in the final rulemaking and the financial impact of this possibility was not considered.

-- Compliance with the new standard, in particular the coal industry, could lead to higher costs of their product and increased costs for energy producers in the state and therefore this policy decision is of such substantial nature that it requires legislative review.

“If the EQB amends and resubmits the rulemaking by moving the point of compliance as contemplated by Act 40, the EQB must quantify the fiscal impact this will have on the regulated community. 

“First, this requires information on the savings that will be realized by dischargers of water. 

“Second. it must provide information on the costs that will be shifted to those that withdraw water under the existing standard of 1.0 mg/L. 

“Finally, information is required on the costs that will be shifted to those that withdraw water under the proposed standard of .3 mg!L. This information should be included with the report required to be filed with the resubmitted rulemaking.”

Click Here for a copy of the IRRC Order.

Visit the Environmental Quality Board webpage for a copy of the regulation--  See August meeting.

Background

DEP is addressing a standard for manganese because a 2017 change in state law (Act 40), added at the last minute as part of a budget-related bill without public review, directed the Environmental Quality Board to adopt a proposed manganese standard within 90 days that includes a 1 milligram/liter manganese standard established under 25 Pa Code Chapter 93.7 and changing the point of compliance from the point pollution enters a stream to the point where it is taken out by a water user (25 Pa Code Chapter 96.3).

The 1 milligram/liter standard is 20 times the level of manganese that water suppliers are allowed to have in their water supplies, according to EPA’s secondary maximum contaminant level. Read more here..

The last minute change was a favor to the coal industry and shifts the burden for treating manganese discharges from mine sites and other sources from those who pollute the water to those using the water, like public water suppliers.

The change in law swept away 28 years of environmental protection for Pennsylvania waterways impacted by the consequences of acid mine drainage, and imposed additional testing, monitoring and treatment at public water supply operations along these waterways.

Local government groups, drinking water suppliers and many other groups opposed the last minute amendment, which Republican legislators ignored. Read More here.

DEP said it complied with Act 40 of 2017 by including what the law required at the proposed rulemaking stage of this regulation.

Public Comments

DEP said it received 957 comments on the proposed regulation-- 924 supporting the protective 0.3my/L health standard and the existing point of compliance at the discharge point.

Three public water systems said changing the point of compliance to the point where the water is taken from a stream for use, from the existing point of compliance for the standard when water is discharged into a stream, would cost them an estimated $100 million.

Pennsylvania American Water said capital costs of moving the point of compliance to where water is taken from a stream would be $40-$60 million in capital costs, plus up to $1.4 million annually in operating costs.

Reading Area Authority estimated $2.1 million in capital costs, plus $15.8 million in 20 year operating costs.

The City of Lancaster said moving the point of compliance to where the water is taken out would result in tens of millions in capital costs and millions of dollars in lost water filtration plant efficiency.

Nine PA Sportsmen’s, watershed, environmental groups strongly supported the 0.3mg/L manganese Water Quality Criteria for Toxic Substances and not changing the existing point of compliance at the point of discharge, as well as the PA Rural Water Association, PA Municipal Authorities Association, Fish & Boat Commission, PA Environmental Council and the Chesapeake Bay Foundation.  Read more here.

DEP notes in its summary the Water Resources Advisory Committee and Public Water Systems Technical Assistance Center Board voted to support the final-form rulemaking and the Aggregate Advisory Board offered no comments.

The Mining and Reclamation Advisory Board passed a motion recommending the EQB not proceed with the final regulation.

On August 9, the Environmental Quality Board voted 16 to 3 to approve a final regulation, with representatives of both Sen. Gene Yaw (R-Lycoming) and Rep. Daryl Metcalfe (R-Butler) voting no.

Both the Senate and House Environmental Committees voted to recommend the IRRC disapprove the regulation. Read more here.   Witnesses at the meeting for the bituminous, anthracite, non-coal mining and other industries also recommended the disapproval. 

Related Articles:

-- Chesapeake Bay Executive Council Elects EPA Administrator As Chair, Starts Discussion On Steps Needed For States To Get Closer To Meeting 2025 Pollution Reduction Milestones  [PaEN]

-- DEP Begins Accepting Applications For $103.4 Million In Abandoned Mine Reclamation Grants Starting Oct. 24  [PaEN]

-- Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers - By James M. Seif, Former EPA Region III Administrator, Secretary of DEP  [PaEN]

[Posted: October 11, 2022]  PA Environment Digest

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Chesapeake Bay Executive Council Elects EPA Administrator As Chair, Starts Discussion On Steps Needed For States To Get Closer To Meeting 2025 Pollution Reduction Milestones

On October 11, members of the Chesapeake Executive Council met for their annual meeting and elected EPA Administrator Michael Regan chair and began the discussion of the steps needed for states to get closer to meeting the 2025 pollution reduction milestones.

The Council includes governors of Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, the mayor of the District of Columbia, the chair of the tri-state legislative Chesapeake Bay Commission and the administrator of the EPA on behalf of the federal government.

Not Meeting Milestones

On October 4, the U.S. Environmental Protection Agency released its evaluations of how the seven jurisdictions in the Chesapeake Bay Watershed did in meeting the 2020-21 and 2022-2023 cleanup milestones.

Only the District of Columbia and West Virginia are on track to meet their overall cleanup goals by 2025, but the other jurisdictions are not on track to meet all the cleanup goals.  Read more here.

"Pennsylvania continues to make incremental progress toward its goals; however, the current pace of implementation is not on track to meet its overall nutrient and sediment targets. EPA expects Pennsylvania to accelerate BMP implementation in the agricultural sector," the report said.

“Pennsylvania is at a truly historic moment in its work to improve the health of the Chesapeake Bay watershed,” said Pennsylvania Gov. Tom Wolf. “Our ramped-up work over the past six years is paying off. A record number of county-level partners are implementing changes on the ground. 

“Farmers are achieving their most efficient fertilizer application rates and modernizing with other practices to improve soil health and water quality. More landowners than ever are partnering on streambank tree plantings. 

“The Clean Streams Fund and other allocations in the recent state budget provide a major boost to these and many other Pennsylvanians working to reduce water pollution. 

“These significant milestones fuel Pennsylvania's momentum to drive toward our 2025 goal and beyond for a healthy watershed for all who depend on and enjoy its benefits,” said Gov. Wolf.

"During the past year, significant legislation and appropriations have been adopted at both the state and federal level to accelerate restoration of the Chesapeake Bay watershed,” said Maryland State Senator Sarah Elfreth, chair of the Chesapeake Bay Commission.  “New funding initiatives in Pennsylvania, climate legislation in Maryland and efforts to improve resiliency in Virginia—all led by Bay Commission members—collectively benefit our shared challenge and common goals.  Coupled with important federal action, these initiatives put us on course to maximize our progress to 2025 and beyond."

Council Meeting

At the meeting, the Council agreed to set a path forward over the next year to outline the necessary steps, and prioritize the actions needed, to meet the targets of the Watershed Agreement outcomes. 

This charge will consider recommendations on how to best address and integrate new science and restoration strategies, as well as emerging issues and changing conditions in the watershed (e.g., climate change). 

This critical plan is expected to be put into place in time for the 40th anniversary of the Chesapeake Bay Program in 2023.

In addition to the Watershed Agreement outcomes, the Chesapeake Bay Total Maximum Daily Load, or Bay TMDL, calls for 100% of pollution-reducing practices to be put into place by 2025 to ensure the Bay will meet standards for healthy water quality, as defined by the EPA. 

The EPA recently released a review of the progress that the seven watershed jurisdictions are making toward this goal.

Members and designees of the Executive Council heard from Dr. Kandis Boyd, director of EPA’s Chesapeake Bay Program Office. 

In her remarks, she reflected on the important work undertaken by the watershed jurisdictions over the past year, praising them for their ongoing leadership in working to meet these critical milestones and for the many significant improvements made to the agricultural sector.

Additionally, Dr. Boyd unveiled the 2021-2022 Bay Barometer: An Annual Report on the State of the Program and the Health of the Bay, offering a snapshot of the Chesapeake Bay Program’s activities and accomplishments over the past year. 

In particular, the most recent Bay Barometer provides data updates for the following Watershed Agreement outcomes: 2025 Watershed Implementation Plans, Blue Crab Abundance, Forest Buffers, Oysters, Public Access Sites, Submerged Aquatic Vegetation (SAV), Sustainable Schools, Toxic Contaminants Policy & Prevention and Water Quality Standards and Attainment. 

The Council also heard from retiring Executive Director of the Chesapeake Bay Commission, Ann Swanson, was the keynote speaker for the meeting, where she reflected on her 40 years of service to the Bay, which has included working across political and geographic boundaries to ensure watershed restoration remained a priority when it came to support and funding.

“The Chesapeake Bay is a vital economic engine and an irreplaceable environmental asset,” said Michael S. Regan, administrator of the EPA. “EPA is honored to join our partners as we work to deliver on our restoration goals, build resilience to climate change and ensure that the benefits of our efforts are shared by all. With the support of historic levels of funding from the Bipartisan Infrastructure Law, we will work to advance our collective commitments to a clean Bay and watershed.”

For information on the most up-to-date progress for all 31 outcomes of the Watershed Agreement, please visit ChesapeakeProgress.

Reaction

Chesapeake Bay Foundation President Hilary Harp Falk issued this statement on the Council meeting--

“We appreciate that the partnership is taking action to assess current strategies and begin to chart a new course. However, the devil is in the details with what happens next, and we’ll be watching closely.

“After decades of missed deadlines, the watershed and people who call it home deserve a new plan that addresses challenges like climate change and growth, builds on lessons learned, and accelerates progress. 

“With historic new levels of investment, especially in Pennsylvania, and water quality improving, saving the Bay and its rivers and streams is still within reach. We cannot afford further delay.

“Fifty years ago this month, the Clean Water Act was established to guarantee fishable and swimmable waterways for the American people. The Chesapeake Clean Water Blueprint provides a framework—based on science and accountability—that could be successful. What has been missing to date is accountability.

“By recommitting to the core principles of partnership, science, and accountability, we can still leave a healthy, resilient watershed for the next generation.”

Last week, CBF called on the EC to demonstrate leadership, acknowledge that the states are not on track to meet the 2025 commitments, recommit to the partnership and the Bay restoration goals, and agree to develop a new plan with a specific timeline and accountability to permanently protect the Bay. 

For more on Chesapeake Bay-related issues in Pennsylvania, visit the Chesapeake Bay Foundation-PA webpage.  Click Here to sign up for Pennsylvania updates (bottom of left column).  Click Here to support their work.

Also visit the Keystone 10 Million Trees Partnership to learn how you can help clean water grow on trees.

CBF has over 275,000 members in Bay Watershed.

Visit DEP’s Chesapeake Bay Watershed webpage to learn more about cleaning up rivers and streams in Pennsylvania's portion of the Chesapeake Bay Watershed.  Click Here to sign up for regular updates on Pennsylvania’s progress.

How Clean Is Your Stream?

Check DEP’s 2022 Water Quality Report to find out how clean streams are near you.

(Photo: Muddy water coming from Pennsylvania and New York through the Conowingo Dam on the Susquehanna River just south of the Mason-Dixon Line.)

Related Articles:

-- EPA: Most States, Including Pennsylvania, Did Not Meet 2-Year Chesapeake Bay Cleanup Milestones

-- Chesapeake Bay Foundation 2022 State Of The Chesapeake Blueprint Report Finds Restoration Efforts Are Off Track

-- Bay Journal: With 2025 Chesapeake Bay Cleanup Goal Out Of Reach, Region Plans For What's Next At Oct. 11 Executive Council Meeting

-- Final PA State Budget Includes Nearly $700 Million In Funding To Support Local And State Environmental, Recreation Infrastructure Projects!

Related Articles This Week:

-- IRRC Sends Order Laying Out Formal Reasons For Disapproving The Final EQB Manganese Reg; EQB/DEP Now Have 40 Days To Decide How To Proceed  [PaEN]

-- DEP Begins Accepting Applications For $103.4 Million In Abandoned Mine Reclamation Grants Starting Oct. 24  [PaEN]

-- Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers - By James M. Seif, Former EPA Region III Administrator, Secretary of DEP  [PaEN]

[Posted: October 11, 2022]  PA Environment Digest

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