PA Environment Digest Sept. 23, 2013

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PA Environment DigestAn Update On Environmental Issues In PAEdited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Harrisburg, Pa September 23, 2013

Corbett Nominates Chris Abruzzo For DEP, Ellen Ferretti For DCNR Secretaries

Gov. Tom Corbett Friday nominated Ellen M. Ferretti as

Secretary of the Department of Conservation and Natural

Resources and E. Christopher Abruzzo as Secretary of

the Department of Environmental Protection.Ferretti, of Dallas, Luzerne County, had been

serving as deputy secretary for parks and forestry until she

was named interim secretary of the Department of

Conservation and Natural Resources in June.

Abruzzo, of Hershey, Dauphin County, was

serving as Corbett's deputy chief of staff until he was appointed interim secretary of the Department of

Environmental Protection in April. (Click Here to read Acting Secretary Abruzzos first in depth

interview by the PA Environmental Council.)

"Christopher and Ellen have served several months in the capacity of acting secretary of their

respective departments, and in both cases we have seen each of them earn the respect of people bothinside and outside of the agencies,'' Corbett said. "Each embody the commitment and dedication to

protecting and conserving our environment and natural resources, which is a top priority of my

administration and the people of Pennsylvania.''

"Ellen has devoted much of her career toward the development, promotion and protection of

our state parks and forest lands. That experience and insight will make her an excellent secretary,''

Corbett said. "She understands the unique qualities of our state park and forest systems. I am confident

the citizens of Pennsylvania will benefit from her continued stewardship of our public lands.''

With respect to Abruzzo, Corbett said, "Chris has served the citizens of Pennsylvania with

distinction, both as a prosecuting attorney and as a member of my executive staff. As deputy chief of

staff, Chris played instrumental roles in many of my environmental initiatives, including enhancedprotective standards for oil and gas development, implementing the permit decision guarantee, and

refocusing the agency on job number one: protecting the environment. The citizens of Pennsylvania will

continue to benefit from his pragmatic, balanced approach to problem-solving.''

Ferretti, 56, has more than 20 years of experience working to protect the state's natural

resources, having served as the Pennsylvania Environmental Council's director of its northeast regional

office, where she worked closely with DCNR and its partners on landscape conservation.

In addition, Ferretti has served as director of Environmental Resources at Borton-Lawson
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Engineering as a land protection specialist for The Nature Conservancy and as a project manager at

Westinghouse Environmental and Geotechnical Services, Inc.

A graduate of Wilkes College with a degree in environmental science and biology, Ferretti has

completed numerous continuing education courses on conservation, environmental assessments,

redevelopment, forest stewardship, trail, park and recreational planning.

Pennsylvania Growing Greener Coalition Executive Director Andrew Heath endorsed thegovernor's nomination of Ferretti.

"We congratulate Ellen Ferretti on her nomination,'' Heath said. "Her leadership and expertise,

coupled with her commitment to Pennsylvania's natural resources, make her a strong choice to head

DCNR.''

"Ms. Ferretti has a proven record in caring for the commonwealth's rich natural resources and

the coalition looks forward to working with her to ensure continued and enhanced funding for parks,

recreation, trails and green spaces throughout the state,'' Heath said.

As deputy chief of staff, Abruzzo, 46, was responsible for overseeing the activities of nearly 20

state agencies and commissions, including DEP and DCNR. He brings 20 years of public service

experience to DEP. He previously served in the state Attorney General's office prosecuting andsupervising cases involving white collar crime, drug investigation and Medicaid fraud.

In addition to his role in state government, Abruzzo has served for six years with the Derry

Township Board of Supervisors and the Derry Township Municipal Authority, which oversees the

township's wastewater systems, interceptor lines, sewage treatment plant, and the treatment and

disposal of industrial waste.

While chairman of the authority in 2010 and 2011, Abruzzo was instrumental in directing the

township's response to flooding caused by catastrophic storm events Hurricane Irene and Tropical

Storm Lee.

Abruzzo's local government experience gives him a unique understanding of the many issues and

challenges that municipalities encounter as they strive to implement best practices and meetenvironmental standards and regulations.

A graduate of St. Joseph's University, Abruzzo earned his law degree from the Widener

University School of Law.

"Township supervisors are known for their common sense and pragmatic and balanced

approach to problem solving and Chris Abruzzo, chairman of the Derry Township Board of

Supervisors, will bring these important skills with him as the permanent head of the state Department of

Environmental Protection,'' Pennsylvania State Association of Township Supervisors Executive Director

David Sanko said.

"We applaud Chris' nomination as DEP secretary because he not only understands what

Pennsylvania's local governments need from DEP, like stormwater and wastewater issues, but he also

understands what Pennsylvania needs from its leaders: reliability, honesty and integrity. Chris Abruzzo

brings all of this and more to the table.''

Paul King, president of the Pennsylvania Environmental Council, issued the following statement

supporting both of Corbett's two nominees:

"The Pennsylvania Environmental Council is pleased that Gov. Corbett has announced that he is

appointing acting secretaries Abruzzo and Ferretti as permanent members of his cabinet.

"The PEC has worked well with both individuals and has found them committed to the missions
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of the agencies. We appreciate Gov. Corbett naming two thoughtful stewards of the environment and

we look forward to continuing our work with them. Ellen Ferretti was a PEC vice president in our

Wilkes-Barre office before joining DCNR. We encourage the Senate to approve both promptly at this

critical time.''

The nominations now go to the state Senate for its consideration.

NewsClips:

Corbett Nominates Secretaries To Head DEP, DCNR

Ferretti Nominated To Head State Parks Agency

Citizens Advisory Council Hears Plans To Revamp DEP Public Participation Info

Acting Department of Environmental Protection Secretary Chris Abruzzo told DEPs Citizens Advisory

Council Tuesday changes are underway at DEP to improve public participation in agency decision

making as a result ofrecommendations made by the Council and others inside and outside the

department.Included in those changes is an overhaul of DEPs website to gather all information on how the

public can participate in the agencys development of regulations, technical guidance and in permitting i

one location, a better guide to public participation tools the citizens can use and using plain language to

describe regulation and policy changes.

He invited the Council to look over his proposed plans saying he hoped to roll out the new

website changes in October. The Councils Public Participation Committee volunteered to review the

changes.

Acting Secretary Abruzzo also highlighted two other initiatives during his remarks to Council--

updating the Chapter 78 drilling regulations and the agencys Community Environmental Project Policy.

He said DEP would not rush public comment on the proposed changes to Chapter 78 theEnvironmental Quality Board adopted for public comment in August, even though the law the changes

are based on (Act 13) was passed 18 months ago. DEP will be scheduling six public hearings at

regionally-appropriate locations throughout the state during a 60 day public comment period.

He also noted DEP is revising its Community Environmental Project Policy under which the

agency will, in some circumstances, accept the funding of worthwhile local, environmental projects in

lieu of penalties paid to the state.

The initial draft of the policy changes have been shared with DEPs Environmental Justice

Advisory Board and the CAC for review, but have not yet been circulated for general public comment.

Acting Secretary Abruzzo noted a recent controversy over releasing a Penn State climate

change report in the press will be addressed shortly when the agency releases the complete report

without any deletions. He said he didnt know why the report was held up before he assumed the role

of Acting Secretary.

Environmental Justice-CAC Discussion

The Council also held a first-ever joint meeting with DEPs Environmental Justice Advisory

Board to discuss how the two advisory bodies could work together on public participation and other

issues.

During the first part of the meeting, the groups heard a presentation from Dr. Hector Ortiz,
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Director of the Department of Healths Office of Health Equity, and Dr. James Logue, Director of the

Division of Environmental Health Epidemiology who provided an overview of their programs.

Several questions to the presenters involved the health aspects of Marcellus Shale drilling.

Dr. Logue said his Division has been involved in individual consultations with doctors and

citizens on health issues involved in drilling and fracking, but has not done any specific epidemiological

studies on the issue. He said the dozen or so staff he has in this office does not have the funding to domuch more than that.

Both presenters were asked about whether the Department of Health was developing any

policy on provisions in the Act 13 drilling law related to the disclosure of fracking fluid constituents to

physicians, noting the issue has been controversial. They said they have not been personally involved,

but others in the agency have been discussing the issue with a number of groups.

Dr. Arthur Frank, a member of the Environmental Justice Board and an occupational health

physician, said sharing of trade secret information with physicians is handled routinely in his field by

doctors. He noted the controversy may have developed because doctors who do not routinely work in

the occupational health area may not be familiar with these procedures.

Rev. Horace Strand, a member of the Environmental Justice Board and a representative of theChester Environmental Partnership in Delaware County, made the Council aware there were significant

concerns over the fact Gov. Corbett did not reappoint Gail Connerto the Citizens Advisory Council,

the only African American on the Council. He noted he recognized the Council has no control over

who is appointed to the group.

Council Chair Terry Dayton reiterated the fact the Council does not have the ability to influence

or control appointments to the group. It was also noted there are three different appointing authorities

for the Council-- the Governor, the House and the Senate-- which independently name members and it

was very difficult to coordinate between these authorities to achieve diversity.

Presently the Governor has two vacancies to fill on the Council and the Senate and House each

have one. Current members can serve until they are replaced.Holly Cairns, Acting Director of Office of Environmental Advocate, gave the Board and

Council, a brief overview of the draft Community Environmental Project Policy revisions, but said she

expects to be able to share a revised draft with the groups in the near future.

Public Comments

During the Councils public comments portion of the meeting, Roberta Winters, PA League of

Women Voters, said she applauded recent changes to DEPs website which put public participation

information front and center on the agencys homepage.

She also raised several questions about the proposed revisions to Chapter 78 drilling

regulations, including whether the results of the STRONGER evaluation of the agencys regulatory

program would come in time to be included in the final changes.

Committee Reports

The Council heard reports from several of its committees--

-- Legislative Committee: John Walliser lead a discussion ofHouse Bill 1576 (Pyle-R- Armstrong)

which fundamentally changes the way threatened and endangered species are listed and changes the

designation process for wild trout streams. Council agree to invite a panel of speakers from the

involved agencies to its October meeting to hear explanations of how threatened and endangered and

rare and species of concern are treated in DEPs permit process.
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-- Policy & Regulatory Oversight Committee: Nancy Perkins said the committee recommended

and the Council approved a motion for DEP to go ahead with a final regulation change involving the

printing, adhesives, sealants and solvents industries.

-- Oil & Gas Technical Advisory Board: Burt Waite provided the Council with an update on

proposed changes to the Chapter 78 drilling regulations, including the cancellation of the planned

September 18-19 meetings and outlined the public comment plans for the package-- 60 day commentperiod and six public hearings.

-- Environmental Quality Board: Walt Heine reported the Environmental Quality Board earlier in the

day approved final regulations increasing the Title V Air Quality emission fees.

-- Public Participation Committee: As earlier noted, the Committee plans to review changes Acting

Secretary Abruzzo outlined to improve public participation in the agency. It was also noted the

comment period on DEPs proposed changes to the permit review public participation policy closed on

August 27. DEP has not yet formally proposed changes to itspublic participation policy for developing

regulations and guidance or for the review of environmental justice concerns. In January DEP indicated

it hoped to have proposals out for public review this year.

The next meeting of the DEP Citizens Advisory Council is October 15 in Room 105 RachelCarson Building, Harrisburg, starting at 11:00. Presentations and other information from Tuesdays

meeting will be posted on the Council webpage.

PEC Publishes First In-Depth Interview With Acting DEP Secretary Chris Abruzzo

The September issue of the Pennsylvania Environmental Councils Forum newsletterfeatures an

interview with DEP Acting Secretary Chris Abruzzo who shares his thoughts on a wide variety of

environmental issues facing the Commonwealth.

Friday, Gov. Corbett formally nominated Abruzzo for Secretary of DEP and Ellen Ferretti for

Secretary of DCNR.The interview covers issues like: MS4 stormwater management, integrated water resource

planning, combined sewer overflows and implementing Total Maximum Daily Load plans, the role of

green infrastructure in meeting water quality goals, follow up on recommendations from the Governors

Marcellus Shale Advisory Commission report, using mine drainage for frack water, giving a grade to

Pennsylvanias drilling regulation program and more.

Click Here to read the interview.

The newsletter contains a dozen other articles about initiatives the PA Environmental Council is

involved in including--

-- A video update on legislative and regulatory activities related to Marcellus Shale development in the

state

-- A video update on promoting forgotten Monongahela River Towns

-- Philadelphias $1 billion bet on green infrastructure and

-- Partnering with Keep America Beautiful in Northeast PA.

For more information, visit the PA Environmental Council website.

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Senate/House Agenda/Session Schedule/Bills Introduced

Here are the Senate and House Calendars and Committee meetings showing bills of interest as well as a

list of new environmental bills introduced--

Session Schedule

Here is the latest voting session schedule for the Senate and House--

House

September 23, 24, 25, 30

October 1, 2, 15, 16, 17 (Non-Voting), 21, 22, 23

November 12, 13, 18, 19, 20

December 9, 10, 11, 16, 17, 18 (Non-Voting)

Senate

September 23, 24, 25, 30
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October 1, 2, 15, 16, 21, 22, 23

November 12, 13, 18, 19, 20

December 3, 4, 9, 10, 11

Bill Calendars

House (September 23): House Bill 302 (Moul-R-Adams) transferring funds from the Oil and Gas

Lease Fund to DEP for a competitive grant program to convert small mass transit bus fleets to natural

gas House Bill 303 (Moul-R-Adams) transferring funds from the Oil and Gas Lease Fund to DEP for a

competitive grant program to convert large mass transit fleets to natural gas House Bill 304

(Marshall-R-Beaver) funding conversions of transit buses to natural gas House Bill 306

(Pickett-R-Bradford) redirecting the Alternative Fuels Incentive Fund to create the Keystone Fuel

Incentive Program to fund conversions of vehicles to natural gas House Bill 308 (Saylor-R-York)

redirecting $6 million annually from the Clean Air Fund to finance vehicle conversions to natural gas.

PA Environment Digest Sept. 23, 2013

Documents

Transcript of PA Environment Digest Sept. 23, 2013