Top 2 environmental news stories for PA & NJ – 4/5/12

Business, government and environmental leaders who subscribe
to EnviroPolitics accessed full versions of the news
stories below
on April 4, 2012
-and dozens more!



In Pennsylvania

Gas work impacting
area streams
The
latest way to measure the negative impacts to water quality from natural gas
development activities are displaying some earth disturbances impacts in
Lycoming County Sun-Gazette

Pittsburgh Council
supports challenge of shale regulations
Pittsburg City Council, a well-known foe of
the Marcellus Shale industry, this morning sent a message of support to seven
municipalities that sued the state over the new natural gas drilling law Post-Gazette

In New Jersey


DEP’s
pre-season trout stocking slated for Thursday
Good
fishing times are here again. The DEP’s Division of Fish and Wildlife says it
will complete the pre-season stocking of more than 180,000 hatchery-raised
trout on Thursday, in preparation for the opening day of trout season on Saturday
AP
Press


Beacon of Jersey City
sold after hitting rough times
The sprawling landmark is testing the limits of Jersey
City’s success. A planned high-rise in nearby Journal Square is stalled, and a
renovated factory featuring loft-style apartments overlooking the Pulaski
Skyway is also struggling financially Statehouse
Bureau

 

Top 2 environmental news stories for PA & NJ – 4/5/12 Read More »

Top 2 environmental news stories for PA & NJ – 4/3/12

Business, government and environmental leaders who subscribe
to EnviroPolitics accessed full versions of the news
stories below on April 3, 2012
-and dozens more!


In Pennsylvania

State
to allow Keystone Landfill to accept more waste
State regulators
have approved the landfill’s application to take in 2,500 more tons of waste
daily. The landfill in Dunmore and Throop applied last May to increase its
maximum daily disposal capacity from 5,000 to 7,500 tons and its average daily
intake from 4,750 to 7,250 tons, largely to dispose of more rock waste from
Marcellus Shale natural gas drilling Scranton
Times-Tribune

Toxins
allowed to seep into waterways
Two
environmental groups are pushing PPG Industries to clean up toxins such as
arsenic and lead that are seeping into the Allegheny River and white-washing
portions of a hillside Tribune-Review


In New Jersey


Fine print: New Jersey, maybe not so green
Clean energy advocates and lawmakers like to tout
the success of New Jersey in developing the nation’s second biggest solar
market; a distinction they say has created thousands of jobs in an economy that
otherwise has been shedding jobs like paper. Now, a new report by the Bureau of
Labor Statistics suggests the state may not have that much to brag about NJ Spotlight

Airport runway may cost more A new crosswind runway to make Ocean County Airpark
safer for pilots could be approved by the Pinelands Commission. But
commissioners could demand a higher price from the county in the form of new
spending to save 485 acres as compensation for the project, without using the
county’s existing Natural Lands Trust
AP
Press

Top 2 environmental news stories for PA & NJ – 4/3/12 Read More »

You’ve got mail–Oh no, it’s from the New Jersey DEP!

Meg Ryan was pretty pleased to receive email form Tom Hanks in You’ve Got Mail
But a letter from the New Jersey Department of Environmental Protection?  Uh oh.

If you’re the owner or other party responsible for the cleanup of any of the thousands of (non-residential) contaminated sites in New Jersey, you’d better keep a close eye on your mailbox over the next three to four weeks. The state Department of Environmental Protection will be sending you mail containing its proposed ranking for your site–on a scale of 1 to 5.

If you’re lucky, as Meg and Tom turned out to be after several hours of romantic drama, you’ll be ranking at the lower end of the scale. If the Department has decided that you deserve a higher score, you’ll have only 60 days to challenge it. 



That may prove difficult unless you’ve got a Hollywood writer doing your script. The bottom line is stay vigilant and keep your environmental attorney and consultant on speed dial.

To explain it all, we’re reproducing below an alert sent by Cole Schotz attorney David T. Steinberger to clients of the Hackensack, NJ-based law firm (with offices in New York, Wilmington and Baltimore). 

The Site Remediation Reform Act, passed in 2009, not only established
the LSRP program, but also requires the NJDEP to establish a “Priority
Ranking System” to classify/categorize all contaminated properties in
the state.  Specifically, the Act requires the NJDEP to create “a
ranking system that establishes categories in which to rank sites based
upon the level of risk to the public health, safety, or the environment,
the length of time the site has been undergoing remediation, the
economic impact of the contaminated site on the municipality and on
surrounding property, and any other factors deemed relevant by the
department.”  Site rankings are expected to become public in September
2012.

Contaminated sites will be ranked between 1 and 5, with category 5
reserved for sites presenting the highest risk to public health, safety
or the environment, or the sites undergoing remediation for the longest
time.  Category 1 will be for the sites with the least risk.  The NJDEP
has not yet included economic impact or other factors in their ranking
system, despite the Act’s mandate that those factors be included in the
ranking process.

The rankings have been established using computer modeling, based upon
electronic data submitted for contaminated sites as well as the NJDEP’s
existing GIS computer data.  The NJDEP’s model considers data inputs
such as the proximity of a site to sensitive receptors (e.g., schools,
residential properties, wetlands, etc.), the contaminants of concern at
the property, the toxicity of those contaminants, and the affected media
(soil, groundwater, surface water or vapor intrusion).  The model then
generates a score for a property, and that score in turn determines the
overall site ranking.

The letters to be sent out by the NJDEP over the next several weeks are
expected to allow responsible parties approximately 60 days to challenge
the NJDEP’s ranking.  Those challenges will likely be limited to claims
that the NJDEP used incorrect, outdated or incomplete data in
determining a site’s rank.  The NJDEP has stated that this challenge
period will not be extended for any site.  After considering challenges,
the NJDEP is expected to issue its final site rankings in September
2012.  Those rankings will be updated periodically by the NJDEP based
upon new data received from on-going cleanup cases.

This is a brand new NJDEP program, and it is not known how the NJDEP
will ultimately use the rankings or how the public will use them.  With
such uncertainty over the potential use of the rankings, a responsible
party should minimally make sure that its site ranking is “accurate”
under the NJDEP’s model.

With such a short window to present the NJDEP with any challenges to a
site’s rank, it is critical that responsible parties discuss this issue
with their attorneys and environmental consultants as soon as they
receive their letter from the NJDEP.

Have something to add? Use the comment box below.  If one is not visible, activate it by clicking on the tiny ‘comments’ line. 

NJDEP wants to help. Really, they do. Stop snickering

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Top 2 environmental news stories for PA & NJ – 3/28/12

Business, government and environmental leaders who subscribe
to EnviroPolitics accessed full versions of the news
stories below on March 28, 2012-
-and dozens more!


In Pennsylvania

New gas pipelines need more scrutiny, federal audit says Federal pipeline regulators need to do a better job tracking powerful new
pipelines being built in Pa., a new federal audit says Inquirer


Unkovic
calls for incinerator probe
Harrisburg Receiver David
Unkovic will send  a letter to U.S.
Attorney Peter Smith and State AG Linda Kelly asking both offices to
investigate the findings of the forensic audit on Harrisburg’s incinerator
retrofit project that pushed the city to the brink of bankruptcy
Patriot-News



In New Jersey


At AC expo, building experts predict NJ housing growth
The housing recovery should strengthen in New
Jersey despite rising gasoline prices and volatile European markets, economists
told a builder’s trade group held in Atlantic City Tuesday
AC
Press
 
 

Coastal mayors worry ruling will increase beach costs
Officials in South Jersey coastal towns are worried
that a state appellate court ruling will make beach replenishment a far more
expensive proposition
AC
Press

Top 2 environmental news stories for PA & NJ – 3/28/12 Read More »

Corrupt Pennsylvania history holds lessons for fracking

Abandoned Pennsylvania coal mine

The excerpt below is taken from Fracking: Corruption a Part of Pennsylvania’s Heritage,
an article written by Walter Brasch in Dissident Voice, a liberal, pro-labor blog.

While Mr. Brasch brings a distinct “point of view” to his discussion of natural gas drilling in Pennsylvania, he raises questions about industry and politics that merit attention and discussion. Tell us what you think in the comment box at the bottom of the page.  If one is not visible, activate it by clicking on the tiny ‘comments’ link.

———————————————————————————————————————————–

“Mixed into Pennsylvania’s energy production is not only a symbiotic
relationship of business and government, but a history of corruption and
influence-peddling. Between 1859, when an economical method to drill
for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states.
The robber barons of the timber, oil, coal, steel, and transportation
industries essentially bought their right to be unregulated. In addition
to widespread bribery, the energy industries, especially coal, assured
the election of preferred candidates by giving pre-marked ballots to
workers, many of whom didn’t read English.

“In a letter to the editor of The New York Times in March 2011, John Wilmer, a former attorney for the Pennsylvania Department of Environmental Protection
(DEP), explained that “Pennsylvania’s shameful legacy of corruption and
mismanagement caused 2,500 miles of streams to be totally dead from
acid mine drainage; left many miles of scarred landscape; enriched the
coal barons; and impoverished the local citizens.” His words serve as a
warning about what is happening in the natural gas fields.

“Pennsylvania’s new law that regulates and gives favorable treatment
to the natural gas industry was initiated and passed by the
Republican-controlled General Assembly and signed by Republican Gov. Tom Corbett. The House voted 101–90 for passage; the Senate voted, 31–19. Both votes were mostly along party lines.

“In addition to forbidding physicians and health care professionals
from disclosing what the industry believes are “trade secrets” in what
it uses in fracking that may cause air and water pollution, there are
other industry-favorable provisions.

“The new law guts local governments’ rights of zoning and long-term
planning, doesn’t allow for local health and environmental regulation,
forbids municipalities to appeal state decisions about well permits, and
provides subsidies to the natural gas industry and payments for
out-of-state workers to get housing but provides for no incentives or
tax credits to companies to hire Pennsylvania workers.

“It also requires companies to provide fresh water, which can be
bottled water, to areas in which they contaminate the water supply, but
doesn’t require the companies to clean up the pollution or even to track
transportation and deposit of contaminated wastewater. The law allows
companies to place wells 300 feet from houses, streams and wetlands. The
law also allows compressor stations to be placed 750 feet from houses,
and gives natural gas companies authority to operate these stations
continuously at up to 60 decibels,
the equivalent of continuous conversation in restaurants. The noise
level and constant artificial lighting has adverse effects upon
wildlife.

“As a result of all the concessions, the natural gas industry is given
special considerations not given any other business or industry in
Pennsylvania.

“Each well is expected to generate about $16 million
during its lifetime, which can be as few as ten years, according to the
Pennsylvania Budget and Policy Center (PBPC). The effective tax and
impact fee is about 2 percent. Corbett had originally wanted no tax or impact fees
placed upon natural gas drilling; as public discontent increased, he
suggested a 1 percent tax, which was in the original House bill. In
contrast, other states that allow natural gas fracking have tax rates
as high as 7.5 percent of market value (Texas) and 25–50 percent of net
income (Alaska). The Pennsylvania rate can vary, based upon the price
of natural gas and inflation, but will still be among the five lowest of
the 32 states that allow natural gas drilling. Over the lifetime of a
well, Pennsylvania will collect about $190,000–$350,000, while West
Virginia will collect about $993,700, Texas will collect about $878,500,
and Arkansas will collect about $555,700, according to PBPC data and analyses.

“State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says
he opposed the bill because, “At a time when we are closing our schools
and eliminating vital human services, to leave billions on the table as a
gift to industry that is already going to be making billions is
obscene.” 

Read the entire article at: Fracking: Corruption a Part of Pennsylvania’s Heritage

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Corrupt Pennsylvania history holds lessons for fracking Read More »

Top 2 environmental news stories for PA & NJ – 3/21/12


Business, government and environmental leaders who subscribe
to EnviroPolitics accessed full versions of the news
stories below on March 21, 2012-
-and dozens more!


In Pennsylvania

US budget running dry for locks repair Each
year, the deteriorating locks and dams used to transport about 550 million tons
of coal, grain and other products on the nation’s rivers increase the pressure
to fix what the U.S. Army Corps of Engineers and industry officials agree is a
broken system for maintaining the nation’s aging river infrastructure.
Including the  Elizabeth Lock and Dam No.
3, a 105-year old facility on the Monongahela River
Post-Gazette

Environmental groups
release impact fee vote scorecard
A series of votes leading to
enactment of the Marcellus Shale drillers impact fee law is drawing scrutiny
from a coalition of state environmental groups who are giving each state
lawmaker a grade for votes on bill amendments, chamber-approved bill versions
and final passage of Act 13 between November and February
Scranton
Times-Tribune


In New Jersey

Conservationists
claim agency rules restrict beach access
Looking to expand access to those beaches and waterways, the state DEP
this week adopted new rules that it says enhances entry to those areas,
particularly for fishermen
NJ Spotlight 


Opinion: Solar farms shouldn’t sprawl all over farmland
We need to ensure
that solar panels do not diminish the aesthetics of the urban environment and
should regulate their placement through local zoning
Barry Chalofsky

Top 2 environmental news stories for PA & NJ – 3/21/12 Read More »