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DEP Collects $147,250 Penalty From Rice Drilling B LLC For Erosion & Sedimentation Violations In Greene County; DEP Found Rice Had Hundreds Of Other Violations, Including Abandoning Wells Without Plugging Them

On October 6, the Department of Environmental Protection announced it has assessed and collected a $147,250 civil penalty from Rice Drilling B LLC for erosion and sedimentation violations that were documented in 2019 and 2020 at
Rice’s Mac well site in Whitely Township, Greene County.

According to DEP’s eFACT database, a DEP inspection report on January 9, 2019 found Rice failed to implement post construction management and erosion and sedimentation best management practices (BMPs) in accordance with its permit for constructing and maintaining the well site. 

The violations continued as noted in DEP inspection reports on February 27, 2019 and March 11, 2020.

As a result, three land slides developed at the well site causing accelerated erosion and soil to go into three separate rain gardens. 

Rice attempted to make repairs but did not fully remediate the issue nor did it fully implement erosion and sedimentation BMPs, resulting in the development of a fourth slide allowing sediment-laden water and soil to move outside of the permitted area. 

As of January 27, 2021, Rice repaired and stabilized the slides and the well site was otherwise in compliance. 

Rice has paid a $147,250 civil penalty into the Oil and Gas Program Fund.

DEP’s eFACTS database shows Rice Drilling B LLC received an “expedited” erosion and sedimentation stormwater general permit on January 31, 2017 and another on June 12, 2017 for the Mac well site.

DEP denied a third “expedited” permit on April 25, 2019 and was then issued an “expedited” erosion and sedimentation permit on December 2, 2021.

DEP’s Oil & Gas Compliance database shows DEP inspections found hundreds of violations at Rice Drilling B LLC unconventional and conventional oil and gas sites between January 1, 2019 and October 1, 2022 including multiple violations like--

-- Abandoning wells without plugging them

-- Discharge of drilling wastewater into the ground

-- Failure to collect and properly dispose of drilling wastewater

-- Failure to preventing the venting of natural gas to the atmosphere

-- Failure to “drill with due diligence”

-- Failure to submit well integrity reports

-- Failure to submit production reports

-- Incomplete emergency response plans

NewsClips:

-- Williamsport Sun Outdoors: New Clean Water Violations On Loyalsock Should Spark Change, Improved Hellbender Protection - By John Zaktansky, Middle Susquehanna RiverKeeper

-- Middle Susquehanna RiverKeeper: New Clean Water Violations On Loyalsock Creek From Natural Gas Pipeline/Water Withdrawal Construction Should Spark Change, Improved Hellbender Protection

-- StateImpactPA - Rachel McDevitt: PA Needs To Finish Conventional Oil & Gas Methane Emissions Regulations By Dec. 16 Or Face Highway Funds Sanctions, EPA Says 

Related Articles This Week:

-- DEP Issued NOVs To Conventional Oil & Gas Companies For Abandoning 55 Wells Without Plugging Them During September Alone, A Dramatic Increase In New Well Abandonments  [PaEN]

-- Environmental Groups Raise Serious Compliance Issues With Olympus Energy-- Over 600 Violations On 13 DEP Permits-- In Comments On Proposed Shale Gas Drilling Pad In Allegheny County  [PaEN]

-- DEP: PA Fracking Operations Sent Nearly 236,000 Cubic Feet Of Radioactive TENORM Waste To Low-Level Radioactive Waste Facilities For Disposal In 2021 - 811,070 since 2016  [PaEN]

-- Fall Visitors To Conventional Oil & Gas Drilling Areas Urged To Report Illegal Road Dumping Of Drilling Wastewater  [PaEN]

-- Washington County Community Meeting Updates Residents On PA Health & Environment Studies, Discusses Health Impacts Of Shale Gas Development  [PaEN]

[Posted: October 6, 2022]  PA Environment Digest

UPMC Pledges To Cut Greenhouse Gas Emissions 50% By 2030, Announces New Sustainability Leadership

On October 4, Pittsburgh-based
UPMC announced they intend to reduce greenhouse gas emissions by 50% within the next eight years across its footprint.

The reductions are one component of the recently signed Health Care Sector Climate Pledge, an initiative led by the White House and the U.S. Department of Health & Human Services. 

The pledge demonstrates UPMC’s continued commitment to lowering emissions and building more climate resilient infrastructure. 

Also, by committing to the White House initiative, it is UPMC’s goal to achieve net zero emissions by 2050.

Meeting these environmental milestones will be met under the guidance of John Krolicki, vice president, Facilities and Support Services, UPMC Presbyterian Shadyside and UPMC Children’s Hospital, and Dr. Michael Boninger, president, UPMC Innovative Homecare Solutions. 

Krolicki and Boninger have assumed the roles of co-chief sustainability officers and will lead a team to create a comprehensive strategy to achieve UPMC’s environmental goals.

“UPMC will lead by example to develop approaches to health care that rapidly reduce our contributions to greenhouse gas emissions,” said Boninger. “We are making these pledges on behalf of the health and well-being of people today and for future generations.”  

The creation of these new roles is the latest step UPMC has taken to directly address climate change and its threats to human health. 

In 2014, UPMC joined the Green Building Alliance 2030 challenge and has reduced its carbon footprint by over 10% in the Pittsburgh area, despite significant growth.

In addition, all UPMC campuses have eliminated plastic foam packaging from cafeterias, and more than 40 tons of appliances and equipment have been recycled over the last five years. 

UPMC campuses have been honored by the Arbor Day Foundation for tree planting and education, and efforts are underway in areas like utilizing geothermal technology and constructing green buildings.

“As we work to continue to reduce our environmental impact, UPMC looks forward to implementing additional cutting-edge solutions that will secure our place as a health care leader in sustainability,” Krolicki said. “We are eager to join the cause in the communities we serve to make a difference for our environment for the long term, which in the end helps the patients we serve.”

UPMC was also recognized by Sustainable Pittsburgh as a “Champion” in its Southwestern PA Sustainable Business Compact and is committed to a sustainable supply chain management policy.

UPMC has also been a partner in support materials collection events managed by the PA Resources Council.

NewsClips:

-- CEOs For Sustainability 2022 C-Suite Summit Nov. 2 Hazelwood Green Pittsburgh

-- Sustainable Pittsburgh: Insights For A Successful Regional Decarbonization Strategy

-- Bay Journal: Community Solar Energy Projects Slowly Expand In The Chesapeake Bay Region [Except In Pennsylvania Where Legislation Is Needed] - By Ad Crable

-- Bloomberg: Solar Energy Now 33% Cheaper Than Natural Gas Power In U.S.

Related Articles:

-- DCNR Announces Guidance For Planners Seeking To Generate Clean Renewable Energy Through Grid-Scale Solar Installations  [PaEN]

-- PA Solar Center: New Federal Climate, Energy Law Makes Flipping The Switch To Go Solar For Homeowners, Businesses Well Within Reach - By Sharon Pillar, Executive Director PA Solar Center  [PaEN]

-- Penn State Oct. 10 EarthTalks Lecture To Discuss Solar And Agriculture Land Use Competition  [PaEN]

-- Annual Conference Of Interfaith Power & Light To Focus On Environmental Justice & Human Resilience On Nov. 13  [PaEN]

-- PA Sea Grant, DEP Host Oct. 25 PA Lake Erie Forum Webinar On Climate Hazard Mitigation & Climate Migration  [PaEN]

-- Natural Areas Assn. To Host A Virtual Symposium Oct. 28 On The Role of Natural Areas in Climate Resilience in Central Appalachian Forests  [PaEN]

[Posted: October 6, 2022]  PA Environment Digest

Recycling Program, Managing Electronics Waste On DEP Citizens Advisory Council Agenda For Oct. 18

DEP’s Citizens Advisory Council is scheduled to meet on October 18 to take a deeper dive into Pennsylvania’s Municipal Recycling Program and talk about better ways to manage electronics waste.

The Council will also hear an update on agency activities by Acting Secretary Ramez Ziadeh.

A copy of DEP’s written report to Council on agency activities is also available.

Municipal Recycling Program

Larry Holley, Recycling Program Manager for DEP’s Bureau of Waste Management, will be presenting a detailed overview of the Municipal Recycling Program along with recommendations for expanding state efforts to reduce waste.

As Ali Tarquino Morris, Director of DEP’s Bureau of Waste Management noted in her presentation to Council on September 20, the trends in waste generation and recycling have been going in the wrong direction.

She reported the overall amount of waste generated in Pennsylvania has increased 8.3 percent between 2015 and 2021-- from 14.3 million tons to 15.6 million tons.

In 2019, the most recent year available, 5.25 million tons were recycled, which is roughly the same amount that was recycled in 2004-- 5.14 million tons.

Municipal waste generated in Pennsylvania has increased 10.1 percent-- 8.62 million tons in 2015 to 8.59 million tons in 2021.

Residual waste (industrial waste) generated in Pennsylvania has increased 7.1 percent-- from 2.99 million tons in 2015 to 3.22 million tons in 2021

The overall amount of waste being disposed in the state has increased 9.3 percent between 2015 to 2021-- 21.4 million tons to 23.6 million tons.

DEP’s paper also notes, “in the last two decades there has been approximately $188 million diverted [from the Recycling Fund] to other programs including Waste Tire Remediation, Growing Greener, Forest Lands Beautification and General Fund augmentations. 

“The most recent diversion of $50 million to the General Fund has greatly impeded DEP’s ability to implement new plans and new ideas. 

“Stated simply, most of the recommendations in this report cannot be accomplished since adequate resources no longer exist.”

A paper prepared by DEP makes these recommendations to expand recycling efforts--

-- Diversion of organic waste from landfills by funding composting and anaerobic digestion projects.

-- Keep recycling funds in the Recycling Fund.

-- Support smaller, dual-stream and commingled waste recycling facilities.

-- Create Research and Development grants to invest in emerging technologies.

-- Fund regional public Material Recovery Facilities (MRFs) to create competition and

increase stability in the cost of processing recyclables.

-- Reinstitute a Waste Planning Section to evaluate new technologies, product evaluations

and the consumption of recyclable materials in Pennsylvania.

-- Oversee the development of a comprehensive education program to improve the quality

of materials collected.

-- Expand access to recycling through convenience centers. Ensure all Pennsylvanians

have convenient access to all recycling options.

Electronics Waste Recycling

Larry Holley will also present a white paper DEP prepared making recommendations on better managing Pennsylvania’s electronic waste.

Several legislative hearings have documented the fact the state’s electronic waste recycling program just isn’t working, and that hasn’t changed since a 2017 Senate hearing.  Read more here.

DEP’s paper says for years the 2010 law that requires manufacturer-sponsored recycling has left many Pennsylvanians “frustrated by their inability to conveniently and affordably recycle used electronic devices (covered devices).” 

“With insufficient recycling options available, the result is many covered devices, mostly televisions, are being illegally dumped and stockpiled across the Commonwealth of Pennsylvania. They can be found at municipal buildings, along roadsides, and even on river banks.

“The current statutory scheme for covered devices does not provide all residents with proper disposal options as electronic waste collectors are not required to be available for the entire year and do not find it profitable to operate in many parts of the state.

“At the same time, it is illegal to dispose of electronics in landfills. This combination has exacerbated the unintended consequence of illegal dumping, which contributes to neighborhood blight, pollutes soil and groundwater, and can pose health risks to residents.”

DEP recommends the following changes be made in the Covered Device Recycling Act--

-- Metrics should shift from weight-based goals to a convenience system that uses a return or convenience share. This will ensure that residents have access to free recycling and that all materials can be collected and recycled.

-- Permanent collection sites should be established in every county with a minimum operating schedule. This will ensure availability for drop-offs is consistent and convenient to the public. Permanent, on-going collection sites should reduce costs in the long term as compared to special one-day events. The entire commonwealth should be covered, not just the 85% currently covered by CDRA recycling programs.

-- Collection sites should be required to take every type of electronic device covered by the statute. The statutes should also clarify that no charge for collection, transportation or recycling can be assessed or passed on to local governments or residents by recyclers, manufacturers and retailers.

-- The ban on landfill disposal of electronics should continue.

-- The concept of “retrievable cells” should not be allowed because of the potential for negative environmental impacts and the conflict with the definition of “recycling” in Act 101.

-- Recycling collection, transportation and processing should be managed by manufacturers or by local governments, not by DEP.

-- If recycling is managed by manufacturers, the obligation to collect should not be a hard target based on weight, because changes in technology have made new products lighter than the old products that remain uncollected. A “return share” system as described above or a market share system that does not include a hard target should be added to any manufacturer program. A manufacturer must be responsible for the recycling of every type of covered device collected, regardless of whether it manufactured the device.

-- If collection is performed by local governments, then manufacturers should be required to contribute funding for collection, transportation, and recycling. This could be determined by “return share” or market share as described above.

-- DEP should not be required to engage in statewide contracting, which would require a significant increase in staff and a transformation of its current role.

-- Funding for collection, transportation and recycling should not come from a tax or fee on consumers or local governments.

-- Enforcement authority could be improved by creating more explicit standards for compliance and implementing penalties for non-compliant actors. The option to implement a sales ban on non-compliant manufacturers should also be considered as an avenue to increase program compliance.

Click Here for a copy of the white paper.

Also on the agenda for discussion is a Transition Paper Council hopes to present to the next Governor identifying key issues needing attention within DEP.

Public Comments

Individuals interested in providing public comments during the meeting must sign up prior to the start of the meeting by contacting Keith Salador, Executive Director, ksalador@pa.gov or 717-787-8171.

Attending The Meeting

The meeting will be held in Room 105 Rachel Carson Building starting at 12:30 p.m.  Click Here to register to attend via WebEx or Conference Call-In: 1-415-655-0003 Conference ID#: 2630 012 1679.  

For more information and available handouts, visit the DEP Citizens Advisory Council webpage.  Questions should be directed to Keith Salador, Executive Director, ksalador@pa.gov or 717-787-8171.

Related Articles:

-- Senate Hearing: E-Waste Recycling Law Broken, 5.1 Million CRTs, TVs Waiting To Be Recycled In PA

[Posted: October 6, 2022]  PA Environment Digest

Schuylkill River Greenways, Partners Award $362,756 In Schuylkill River Restoration Fund Grants

The Schuylkill River Greenways and their partners recently held a special event at Riverfront Park in Pottstown, Montgomery County to announce the award of $362,756 in Schuylkill River Restoration Fund Grants.

The day also featured a bus tour to several local project sites that were previous SRRF awardees.

This year's eight projects are located in Berks, Chester and Lehigh counties and Philadelphia and will address stormwater runoff and/or agricultural pollution and one land acquisition project for a new urban open space.

The projects included--

-- Berks County Conservation District – Pine Creek Project - $20,756: The Berks County Conservation District and Pine Creek Valley Watershed Associations will work to stabilize streambank segments of Pine Creek, an Exceptional Value (EV) stream in the Schuylkill Highlands. The project will incorporate bio-engineering techniques and local materials to rehabilitate severely eroded streambanks damaged by sequential storm events.

-- Berks Nature – Hollinger Farm Project - $45,000: The Hollinger Farm project is a pastured beef and grain/hay operation in the Manor Creek, Maiden Creek, and Lake Ontelaunee watershed. This project will include installation of agricultural best management practices for nutrient capture and headwater stream water quality protection.

-- Berks Nature – Pond View Project - $45,000: The Pond View Farm project is a beef and small-scale chicken, and grain/hay operation in the Maiden Creek and Lake Ontelaunee watershed situated on an unnamed headwater tributary. Agricultural best management practices will be installed on this farm including (1) 40’ X 28’ X 6’ roofed manure storage facility, rain gutters, leaders, and lined outlet, as well as 1,600’ of streambank fencing.

-- Charlestown Playhouse – Phase 2 Stormwater Project - $30,000: A stormwater basin and drain will be installed in the lower parking lot of the Charlestown Playhouse that will manage storm flow to the Pickering Creek, Chester County. Native plants and shrubs will also be installed to show the efficacy and beauty of green infrastructure.

-- Lehigh County Conservation District – Lynnacres Dairy Farm - $100,000: Lehigh County Conservation District will partner with Natural Resource Conservation Service and Lynnacres Dairy to implement on-farm Best Management Practices that will improve water quality in the Upper Maiden Creek, benefitting the Schuylkill River Watershed’s ecological integrity and improving drinking water quality by reducing excess sediment, pathogen, and nutrient loads.

-- Neighborhood Gardens Trust – Brewerytown Garden Project- $4,000: Brewerytown Garden is a vibrant community garden located at North 27th and Master Streets in Philadelphia. In 2022, Neighborhood Gardens Trust will acquire two parcels within the Garden’s footprint that were actively marketed for sale, saving this beloved community green space & providing important environmental benefits that improve water quality. Funding will go to support the permanent projection of this urban open space. 

-- Partnership for the Delaware Estuary – Pickering Creek Project - $65,000: As part of the larger Lionville Pine Creek Restoration Initiative, this project features the installation of a variety of green stormwater management features on a large commercial building complex including the installation of a 5,200 sf bioretention system and bioswale.

-- Schuylkill Center for Environmental Education – Smith’s Run Project - $53,000: This stormwater project will address issues affecting Smiths Run, a first-order tributary on the property of the Schuylkill Center for Environmental Education. Our objectives for this project are to design and construct a stepped infiltration swale and reinforce the adjacent riparian forest buffer to protect water quality, create wildlife habitat, and effectively eliminate threats posed by stormwater runoff.

The Schuylkill River Restoration Fund resulted from a 2004 Delaware River Basin Commission docket approval to Exelon (now Constellation) for its Limerick Generating Station. 

There was - and still is - a shared desire to assist the restoration of the Schuylkill River Watershed by providing large grants for on-the-ground improvements, focusing on projects that address stormwater runoff, agricultural pollution and drainage from abandoned mines. 

The DRBC approves the projects that are selected for grants using the Constellation funds and is one of several entities that sits on an advisory committee that chooses which projects get awarded annually.

Since being established in 2006, the fund has collected more than $5 million - and leveraged another $5 million – for more than 130 projects that protect and restore the Schuylkill River.

In addition to the Schuylkill River Greenways, also attending the event were representatives from Constellation, the Philadelphia Water Department and Aqua PA.

For more information, visit the Schuylkill River Restoration Fund webpage.


(Reprinted from the Delaware River Basin Commission website.)

[Posted: October 6, 2022]  PA Environment Digest

PA Environmental Council In Case You Missed It In September

The PA Environmental Council’s In Case You Missed It In September is now available featuring articles on--

-- All’s Well That Ends Orphan Wells - Video

-- Why Aren’t More Pennsylvanians Talking About Climate Change?

-- Explore These PEC-Staff Favorite Trails This Fall

-- Pennsylvania Adds A New Official Water Trail

-- Tips For Sustainable Trail Running

-- 3 Days, 150 Miles Another Successful Environment Ride!

-- PEC Podcast: Lancaster Watershed Academy Taking The Lead

-- PEC Podcast: Running The East Coast Greenway

For more information on programs, initiatives and special events, visit the PA Environmental Council website, visit the PEC Blog, PEC Bill/Regulation Tracker, follow PEC on Twitter or Like PEC on Facebook.  Visit PEC’s Audio Room for the latest podcasts.  Click Here to receive regular updates from PEC.

[Posted: October 6, 2022]  PA Environment Digest