Could you skip over this story?

Philadelphia Daily News columnist John Baer buried this wonderful paragraph part of the way into his piece today about the imminent recess (without adopting a natural gas tax) of the Pennsylvania legislature:

“With today and tomorrow quite possibly the last meaningful days of the current two-year legislative session, it appears that the nation’s largest, most expensive Legislature is again pushing its self-protection, self-indulgence and, of course, re-election.”

How could anyone have skipped the column had he used it as the lead?

You won’t have to.  Read it by clicking here

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PA & NY should look to WY in regulating fracking fluids


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PA & NY should look to WY in regulating fracking fluids

Wyoming is not known for its embrace of green policies, writes columnist David Sirota. That changed last month when state officials enacted first-in-the-nation regulations forcing energy companies to disclose the compounds they use in a drilling technique called “fracking.”  New York and Pennsylvania also plan fracking fluid disclosure regulations, but both states could learn a thing or two from Wyoming’s example. 

    The column below appeared yesterday, Sunday, Oct. 10, 2010 in the Seattle Times

Syndicated columnist

Frank Sinatra once said that if he could make it in New York, he could make it anywhere. Thanks to new drilling rules, environmentalists can now say the same about Wyoming.

To review: Wyoming is as politically red and pro-fossil-fuel a place as exists in America. Nicknamed the “Cowboy State” for its hostility to authority, the square swath of rangeland most recently made headlines when its tax department temporarily suspended levies at gun shows for fear of inciting an armed insurrection.

The derrick-scarred home of oilman Dick Cheney, the state emits more carbon emissions per capita than any other, and is as close as our country gets to an industry-owned energy colony.

So, to put it mildly, Wyoming is not known for its activist government or its embrace of green policies.

But that changed last month when Wyoming officials enacted first-in-the-nation regulations forcing energy companies to disclose the compounds they use in a drilling technique called “fracking.”

From an ecological standpoint, fracking is inherently risky. Looking to pulverize gas-trapping subterranean rock, drillers inject poisonous solvents into the ground — and often right near groundwater supplies. That raises the prospect of toxins leaking into drinking water — a frightening possibility that prompted Wyoming’s regulatory move. Indeed, state officials acted after learning that various local water sources were contaminated by carcinogens linked to fracking.

While the Wyoming examples may seem of little concern to those living outside of Flyover Country, they are more like canaries in the national coal mine (or gas well, as it were) — canaries potentially coming to a watershed near you. Today, 800,000 wells — many of which involve fracking — are being plumbed in a total of 34 states. That means fracking is now everywhere.

Not surprisingly, reports of drilling-related groundwater pollution have been pouring in from Colorado to Pennsylvania — and lots of these dispatches come from sites near population centers. Worse, such crises could increase as an unintended consequence of much-needed environmental initiatives. Specifically, with coal-fired power plants being converted into cleaner natural gas-burning facilities, demand for more gas supplies — and, therefore, more fracking — is mounting.

If this wasn’t bad enough, the situation is further exacerbated by federal policymakers who have ignored the physician’s “first do no harm” principle. Rather than initiating an informed public debate about fracking by forcing companies to at least admit what chemicals they are using, Congress has preserved fracking-disclosure loopholes in the Community Right-to-Know Act, exempted fracking from the 2005 Energy Policy Act and blocked new legislation to better regulate fracking.

That has left states to try to deal with the mess.

Colorado, for example, requires companies to partially disclose fracking chemicals, but only in cases of an imminent health emergency (granted, an important step after a Durango nurse almost died when a drilling firm refused to disclose the fracking fluids she had been exposed to).

Others such as Pennsylvania and New York publish lists of fracking chemicals, but according to ProPublica, “these lists simply name chemicals that may be in any given well and do not detail the mixtures or concentrations.”

Many, though, do almost nothing. And no state other than Wyoming does what the situation really requires: namely, provide to regulators a well-by-well accounting of chemicals along with the amounts of chemicals being used.

This standard should, of course, be the regulatory rule — not the exception. In a nation that learned harrowing environmental lessons from the General Electric/Hudson River affair and from the 1996 best-seller “A Civil Action,” we are well aware of the dark intersection of industrial chemistry, groundwater pollution and public health.

If Wyoming can turn that knowledge into action, then so can — and must — every other state.

David Sirota is the author of “Hostile Takeover” and “The Uprising.” He blogs at OpenLeft.com. E-mail him at ds@davidsirota.com.

Related:
Wyoming Fracking Rules Would Disclose Drilling Chemicals

In New Gas Wells, More Drilling Chemicals Remain Underground
 
What’s in fracking fluid? Wyoming wants to know  

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New Jersey’s DEP ‘transforming’ in a tight economy

The New Jersey Department of Environmental Protection today released a Transformation Plan,
the latest step in Commissioner Bob Martin’s
ongoing efforts to make the department operate 
more efficiently in a slow economy under ever tightening budget restrictions.
“This document establishes the process to transform the DEP into a more streamlined organization that maximizes the abilities of our fiscal and human resources to protect New Jersey’s environment and natural resources,” Martin said in a press release.  “For the sake of both the environment and economy, we cannot continue to operate as we always have. We need to take bold steps to change how the DEP operates.”
The plan seeks to eliminate non-critical functions, streamline business processes, leverage information technology and rely on the expertise of its constituents – both internal and external – to cut the costs of compliance while ensuring maximum protection. 
Specifically, the Transformation Plan:
*Calls on all assistant commissioners and managers to thoroughly analyze all organizational structures and business processes with the goal of achieving Governor Chris Christie’s Executive Orders on reducing regulatory red tape and bringing common sense to decision making processes. This process may result in elimination of non-critical or redundant operations, with allocation of staff to areas where they could do more good.
*Requires that all managers and staff participate in customer service training programs to become more responsive, head off potential conflicts, and improve communications skills. The process calls on managers to develop sets of metrics to evaluate the services they provide and determine where change is needed.
*Establishes a process for the vetting of issues and development of solutions to problems specific to each of the DEP’s program areas. Commissioner Martin is urging all employees to think boldly with regard to suggestions for changes, and to recognize that transformation is an evolution of ideas and processes, not a stagnant event.
*Calls for each of the program areas to work closely with stakeholders, prioritize and execute action items, develop potential information technology solutions, and prepare white papers that recommend additional changes to business practices.

     
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Tell us what you think about the latest DEP initiative in the comment box below.  If one doesn’t appear, activate it by clicking on the tiny ‘comments’ line.  Reminder:  You can identify yourself or remain anonymous.

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NJ loses commercial real estate leader David Houston

David Houston, a 40-year veteran in the commercial real estate industry who  recently was named by NJBIZ as one of the 50 most influential people in real estate, died unexpectedly Monday, October 4, at the age of 65.

As Managing Principal of Cassidy Turley New Jersey, Inc., Mr. Houston was responsible for the sale and leasing of some of the largest industrial transactions in the area as well as some of the largest office leases.

He was recognized as an expert in both evaluation and marketing of commercial real estate by the New Jersey Tax Court, New Jersey Superior Court, County Tax Boards, Condemnation Commissioners, and other governmental bodies.

Houston carried on the family heritage for Houston & Co., founded by his grandfather in 1845. Houston & Co. joined forces with Cassidy Turley earlier this year.

A Dartmouth College graduate, who held an MBA in finance and accounting from Columbia University, Houston served as a member of the Executive Committee and the Board of Directors of the National Association of Realtors and as the National President of the Society of Office and Industrial Realtors in 2004.  In addition, he served as Vice President and National Director of SIOR, President of the New Jersey Chapter, is a former Chairman of the Society’s Education and Computer Committees, Director of New Jersey’s Association of Realtors, President of the Industrial and Office Real Estate Broker’s Association of the New York Metropolitan Area.

He also served on the Environmental Cleanup Responsibility Act Advisory Committee to the New Jersey Department of Environmental Protection and was a director of the NJ Chapter of the National Association of Industrial and Office Parks.

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NJDEP proposes changes to site remediation time frames

In the fall of 2009, the New Jersey Department of Environmental Protection (NJDEP) adopted
interim rules governing the remediation of contaminated sites and the role of Licensed Site Remediation Professionals (LSRPs).

Since then, LSRPs and other environmental consultants have reported significant concerns regarding compliance with timeframes in the interim rules.

In response, the DEP as published a proposal to amend the existing rule by extending the compliance time frames, and also has proposed to revise the definition for vapor intrusion Immediate Environmental Concern (IEC) which is says is “the trigger for some time frames related to immediate environmental concerns.”

Here is how the DEP, in a compliance advisory issued yesterday, describes the changes:

*The Department has proposed to extend the mandatory time frames contained in the current
rule by one year. There will be only one mandatory time frame, the time frame associated
with the installation of a recovery system for light non-aqueous phase liquids (N.J.A.C.
7:26C-3.3(a)3), that may run prior to the date that the new rules become effective. A person
responsible for conducting remediation who anticipates being unable to comply with this
mandatory time frame should apply for an extension in accordance with N.J.A.C. 7:26C-3.5.
*Since some of the regulatory time frames in the current rule may run before the new rule can
be adopted, the Department will exercise its enforcement discretion and will not take
enforcement action against a person for failure to meet a regulatory time frame contained in
the current rule if the time frame for that requirement is proposed for amendment, provided
that the person responsible for conducting the remediation meets the proposed regulatory
time frame.

*The Department has proposed to amend the definition of a vapor intrusion immediate
environmental concern, from a vapor level that exceeds the Indoor Air Screening Level to a
vapor level that exceeds the Rapid Action Levels. The Department has proposed new
requirements and related regulatory time frames for the evaluation and mitigation of
circumstances where a vapor level exceeds the Indoor Air Screening Level but is below the
Rapid Action Level. In light of the anticipated change in the vapor intrusion immediate
environmental concern definition, when a vapor level exceeds the Indoor Air Screening Level
but is below the Rapid Action Level the Department will exercise its enforcement discretion
concerning compliance with current vapor immediate environmental concern requirements
and time frames, provided the person responsible for conducting remediation complies with
the proposed requirements and time frames that pertain to these situations.

*The Department has proposed an amendment to clarify that the requirement to conduct a
preliminary assessment/site investigation applies to a person subject to the Industrial Site
Recovery Act and that the requirement to conduct a site investigation applies to a person
subject to the Underground Storage of Hazardous Substances Act.

*The Department has proposed an amendment to clarify that the person responsible for
conducting the remediation is required to include in the scope and detail of the initial receptor
evaluation all information known at time of submittal and that that person is then required to
include new findings related to receptor impacts in updated receptor evaluation reports
required pursuant to N.J.A.C. 7:26E-1.15(d).

Written comments on the proposed rules amendments must be submitted by December 3, 2010 to:
Leslie W. Ledogar, Esq.
Attn.: DEP Docket No. 06-10-09
Office of Legal Affairs
Department of Environmental Protection

If you are or may be responsible for a site requiring remediation in New Jersey, here’s a list of some 400 LSRPs available for a consultation.

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Privatizing land-use permit reviews: Good idea or bad?

New Jersey’s Department of Environmental Protection has a plan to use private contractors to review land-use permit requests. It’s drawing heat from environmentalists who say its sneaky way to get around civil service requirements and it undermines independent environmental protections.

Perhaps an overlooked question is: Will it make DEP’s more responsive and wouldn’t this benefit the state’s economy and the public? 

We wonder what you think. Let us know in the comment box below.
If a box doesn’t appear, clock on the tiny ‘comments’ line to activate it.
(Yes, you can answer anonymously. No one, including us, will know who you are). 

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