Abandoned Mine Posts

(Editor’s note: WPCAMR invites submissions from guest authors.  David E. Hess served as Secretary of the Department of Environmental Protection from 2001 to 2003 under Governors Tom Ridge and Mark Schweiker. He has been involved in state environmental issues professionally for over 32 years and helped guide the response in the Quecreek Mine Rescue and the crash of Flight 93 in Somerset County. He can be contacted by sending email to: DHess@CrisciAssociates.com.)

By: David E. Hess, Former Secretary, Department of Environmental Protection

Everyone agrees– the Growing Greener Program– a national model created in 1999 to protect the environment while growing business at the local level– is the most effective environmental program ever adopted by the Commonwealth. It empowered tens of thousands of people all across the state to be directly involved in the restoration and protection of the environment in their own communities. They restored their watersheds, reclaimed abandoned mines, preserved local farms and open space, improved recreation opportunities and upgraded drinking water and wastewater infrastructure.

For every dollar Growing Greener provided, local watershed groups contributed $1.25 or more, doubling the investment made by the state.

Growing Greener gave people the tools to make these projects happen. I saw it first-hand when I was Secretary and visited every one of Pennsylvania’s 67 counties twice to see these local projects. No nameless, faceless bureaucracy came in to their communities to do a project and leave. They did it locally by building partnerships and contributing their talents to make a lasting, positive impact on their environment.

So, if everyone loves Growing Greener, why is it broke? The Growing Greener II bond issue, which capped the program in 2005, is out of money. Fees from the disposal of municipal waste in Pennsylvania, which were meant to provide a steady stream of funding for Growing Greener, now almost all go to pay debt service for these bonds.

Funding has dropped by over 82 percent, from $100 million in 2002-03 to just $27.4 million for project funding next year, now split between five agencies.

Legislators from both parties in both the House and Senate have proposed fees or a severance tax on Marcellus Shale natural gas production to fund Growing Greener at one level or another. President Pro Tempore Joe Scarnati (R-Jefferson) has proposed an impact fee on Marcellus Shale drilling, Senators John Yudichak (D-Luzerne) and Ted Erickson (R-Delaware), Rep. Kate Harper (R-Montgomery), Rep. Marguerite Quinn (R-Bucks), Rep. Mike Tobash (R-Schuylkill), Rep. Nick Miccarelli (R-Delaware) and Rep. Camille George (D-Clearfield) have all proposed different versions of a Marcellus Shale production severance tax to fund programs, including Growing Greener.

There is a proposal by Sen. Don White (R-Indiana) to use the proceeds from Marcellus Shale leases and the development of minerals on lands owned by state agencies other than the Department of Conservation and Natural Resources to fund Growing Greener. The royalties from the development of existing State Forest land Marcellus Shale leases will increase from $64 million next year to an estimated $300 million in the next 10 years which could also support Growing Greener-type projects.

There have also been proposals to make natural gas mineral holdings taxable, like coal, to offset local costs imposed by drilling, including local environmental improvement projects. By my count that’s at least five different options, with variations on each, that could be used together or separately to fund Growing Greener-type projects.

Pennsylvania still has 16,000 miles of polluted streams, 189,000 acres of abandoned mine lands needing reclamation, 110,000 acres of farmland and open space disappearing every year and federal mandates to upgrade wastewater treatment plants and control farmland and stormwater runoff in the two-thirds of Pennsylvania in the Chesapeake Bay.

Clearly, the need is there and Growing Greener should be refocused on these core responsibilities. So, what are we waiting for? The General Assembly has less than 12 voting days to act before the June 30 deadline for a new budget and there is every indication the Governor, Senate and House want an on-time budget.

For the last eight years, over $1.3 billion in environmental funding has been diverted to balance the state budget or given to programs that could not get funding on their own. $1.3 billion. Environmental leadership is not about who can cut the least, it’s about funding effective programs that give people the tools they need to restore and protect the environment where they live. Growing Greener, which won multiple national and state awards, has been that program in Pennsylvania.

The General Assembly and the Governor need to act now to support this amazing program.

For more information, visit the Renew Growing Greener website.

13th Annual PA AMR Conference Reminder

By Andy McAllister, Regional Coordinator

The 2011 PA AMR Conference is fast approaching. The deadline for making reservations fand receiving the discounted hotel accommodations at Genetti’s Hotel in Hazleton, PA, is June 30, 2011. The special conference rate is $70, plus tax/night.

Registration for the conference closes on July 29th. Click here to go to the registration page for the 2011 PA AMR Conference for all the updated information. Or navigate on your browser to: http://treatminewater.epcamr.org/registration

Budget and Legislative Roundup

By Andy McAllister, Regional Coordinator

As federal and state government continue to refine their budgets, members of our environmental community are concerned about how proposed budget cuts could affect abandoned mine reclamation efforts.

First, let’s start with the Federal budget. The Federal Fiscal Year (FY) 2012 proposed budget was released by the President on February 14th. That proposed budget contains some items of interest to the Abandoned Mine Reclamation (AMR) community.

The proposed Environmental Protection Agency (EPA) FY2012 budget ($1.3 Billion less than FY2010) aims to cut approximately 18% out of the Section 319 program, a program that has brought numerous successes to the AMR community in Pennsylvania and throughout the Appalachian coalfields. With Pennsylvania’s Growing Greener funds shrinking, Section 319 funding may take on even more importance as a way to continue crucial AMR projects and programs in this state. In other states of the eastern coalfields, Section 319 funding remains a major source of project funding. Given that the budget talks are likely to continue and numbers are likely to shift around, we will keep a close eye on this proposed reduction as the federal budget scenario continues to unfold.

Meanwhile, at the Department of the Interior, while the proposed budget for the federal Office of Surface Mining Regulation and Enforcement (OSMRE) cuts a portion of their funding but preserves the successful Watershed Cooperative Agreement Program, the OSMRE may have to change some of its procedures

One item in particular, stands out in the OSMRE budget. The proposed FY 2012 OSMRE budget calls for a change in the way the States handle their prioritization of projects to be funded through Title IV of the Surface Mining Control and Reclamation Act (SMCRA). Although the receiving states were already mandated by the re-authorized SMCRA to prioritize their Title IV eligible projects on their own, it appears that the federal government itself is interested in prioritizing funding to the most hazardous sites. OSMRE proposes to establish an advisory council to review and rank reclamation projects proposed by the State and then recommend the distribution of funds to the highest priority sites.

According to a February 14th news release from OSMRE, ” The budget proposes to reform mandatory spending on abandoned mine reclamation to create a competitive grant program that would address the Nation’s highest priority abandoned coal mine sites, and mitigate the most critical public health and environmental hazards”. How this proposed competitive grant program would impact the way Pennsylvania prioritizes its projects and how it uses its Title IV funding remains unclear at this time.

Additionally, the proposed OSMRE budget also proposes to terminate unrestricted mandatory payments to States and Tribes that have finished restoring their abandoned coal mines. As it stands now, states that have restored their abandoned coal mines (ie. “Certified States” such as Wyoming), continue to receive unrestricted payments from Title IV. In all likelihood, the states that have finished restoring their abandoned coal mines will fight this proposed change. Also, the 2012 budget eliminates discretionary grants to States for Abandoned Mine Land emergencies.

Of course, none of these budget changes are set in stone and it’s likely that some of these initial numbers and proposed cuts may change. In the meantime, the Federal government is operating on a continuing resolution which is slated to end on Friday, March 18th. In spite of the current continuing resolution’s imminent expiration, it appears that the federal budget talks will continue for a while longer as the House Appropriations Committee recently introduced a continuing resolution to fund the federal government at current rates until April 8.

Closer to home, the release of the Governor’s proposed state budget last week showed cuts in environmental programs and we will likely see less Growing Greener funding available for watershed grants this year as compared to last fiscal year. Growing Greener has been the funding source for the Watershed Specialist positions as well as watershed project grants.

On a legislative note here in Pennsylvania, there is an effort to address Pennsylvania’s prevailing wage law. State Senator Michael Brubaker (R-Lancaster) introduced legislation on March 8th that would place a moratorium on prevailing wage requirements for municipal and school construction projects to reduce costs to taxpayers. Senate Bill 792 (not yet online) would reduce costs by placing a three-year moratorium on prevailing wage requirements. This legislation presumably may be able to address other publicly funded construction projects such as AMD treatment systems.

WPCAMR will continue to monitor the ever-changing events surrounding the federal and state budget and will keep you informed in the near future, of changes as they relate to the AMR community.

One-of-a-Kind Conference

by Anne Daymut, Watershed Coordinator

Stakeholders from throughout Appalachia will converge at the Eastern Coal Regional Roundtable’s (ECRR) State of the Region Roundtable for a forum on past and future approaches to water and energy management from March 21-23, 2011.  Business leaders, policy-makers, watershed coordinators, regulatory agencies, academics, and other community members will create a model of relationship- and consensus-building to balance the demand for energy development and the need for clean water.  By initiating dialogue, the State of the Region Roundtable encourages rational debate in developing a holistic understanding of energy, watershed and economic priorities.

The presentations are extremely diverse, offering information on how environmental degradation impacts a region’s economy, current trends in environmental legislation at both federal and state levels, building effective partnerships, alternative energy, regional successes, and much more.  As can be expected, the presenters are just as diverse with representatives from universities, non-profit organizations, and multiple levels of government across Appalachian states.  A significant portion of time will be designated to around-the-table collaboration, which is the cornerstone of this unique event.

The State of the Region Roundtable will be held at breathtaking Pipestem State Park, West Virginia.   The event, offered by the ECRR takes place March 21-23, 2011.  Serving as a unified voice for watershed groups throughout the coalfields of Appalachia, ECRR is a non-profit that provides training, shares capacity- and fund-building opportunities, and educates decision makers.  

To register for the event, visit ERCC’s website: http://www.easterncoal.org/.  Scholarships are available for qualifying non-profit watershed organizations.

By Andy McAllister, Regional Coordinator

Yesterday’s announcement of Growing Greener grant awards by Governor Rendell serves as a reminder of how important Growing Greener is to our reclamation community. The Governor’s announcement also stands in stark contrast to the possible demise of that program in the not too distant future. As most funding avenues continue to get smaller and smaller, the environmental successes fostered in part by the Growing Greener program come to the forefront. Streams across the region are recovering and our mine scarred land is healing. This work, funded in part or in whole by Growing Greener is all due to the hard work of our County Conservation Districts, local Watershed groups, and many municipalities. We can continue to build upon these environmental success stories in the coming years, but we have challenges to face.

In spite of our community’s incredible success stories in cleaning up Abandoned Mine Drainage throughout the state, there is so much more to do. Our work is far from being done. But, with Growing Greener’s funding dwindling, our work could slow dramatically.

Along with that challenge, is the danger that we may lose funding for our county Watershed Specialist positions in 2012. The Watershed Specialist positions have traditionally been funded through the Growing Greener program and if that program isn’t funded or some kind of dedicated funding stream isn’t found, our Watershed Specialists, important links between the grassroots effort and state agencies, will be gone.

The director of the Renew Growing Greener Coalition, Andrew Heath, had this to say in a press release yesterday, “It is imperative that we provide the information to our policy-makers necessary to elevate this issue to the highest priority. Funding for Growing Greener is not a luxury, it is essential for the future economic vitality of the state, and for the future of our rich natural heritage”.

As a member of the Renew Growing Greener Coalition, WPCAMR couldn’t agree more. With the changes in our state government leadership, it’s even more important now that we communicate the need for Growing Greener and the need for our Watershed Specialists to our legislators. The environmental successes brought about by our reclamation community stand as a testament to the strength of community action and the importance of the Growing Greener program.

To find out how your county Watershed Specialist can help you, contact your local county Conservation District office. To find the contact information for your county Conservation District, go to: www.pacd.org

To find contact information for your state representative and senator, go to: http://www.legis.state.pa.us/ and enter your zipcode.

For more information on the Renew Growing Greener Coalition, go to: www.renewgrowinggreener.org

By Andy McAllister, Regional Coordinator

Editor’s Note:  Recently, WPCAMR had the opportunity to speak with Brenda Shambaugh, Policy Specialist with the PA Association of Conservation Districts (PACD) about the Marcellus Shale Severance Tax issue in Pennsylvania.  Shambaugh has been working with the Governor’s office, the Senate Republicans, environmental groups, and others to make the severance tax a reality.

WPCAMR:  Brenda, earlier this fall, the house passed Senate Bill 1155 which proposed a severance tax.  Can you tell us something about that?

Shambaugh:  Yes, Senate Bill 1155 did pass and it included a 39 cent per thousand cubic feet tax on marcellus shale gas drilling.  A portion of that funding would go to the General Fund, a portion to Environmental Stewardship Fund, and a portion went to a variety of other things including the Conservation District Fund which would provide dedicated funding for the conservation districts.  That passed the House and went over into the Senate but the Senate never addressed it.

WPCAMR:  We’ve heard that the Senate had expressed concerns about Senate Bill 1155.  One concern referenced the legislative process for this particular bill.  Can you enlighten us as to this particular stumbling block?

Shambaugh:  The (state) Constitution says that taxing bills need to be started in the House and even though the amendment originated in the House, it was put into a Senate bill.  That was the disagreement, whether or not  they could use a Senate bill as the vehicle.  That being said, if they had come to a compromise, I think there were at least two House tax bills in the Senate that may have been amended and sent back over to the House. 

WPCAMR:  So, in other words, there were other avenues to deal with any procedural concerns?

Shambaugh:  Correct. It wasn’t an insurmountable problem.  If they had come to a compromise, the House could have quickly put together a bill, passed it, and sent it to the Senate.

WPCAMR:  So where do we stand currently with the severance tax issue now that the Senate has declined to consider Senate Bill 1155?  What has happened in the last week or so?

Shambaugh:  I think there’s been a complete breakdown of negotiations between the parties involved within the General Assembly and the Governor’s office.  As a result of this and the fact that the Senate has said it will not return to Harrisburg after the election, unfortunately, I think that the issue is dead for this legislative session.  This legislative session technically does not end  until November 30th but because the Senate said they will not return, this session has virtually ended.

WPCAMR:  In spite of the fact that both the House and Senate had promised, as part of their budget negotiations this summer, that they would pass some kind of severance tax legislation by October 1st?

Shambaugh:  That is absolutely correct.  They did promise to have a piece of legislation regarding severance tax go through the General Assembly however, they could not agree on what that legislation should say or what should be included in that legislation-whether it should be just a severance tax or some of the other issues going along with the Marcellus Shale drilling.  The fact it was a verbal agreement and not any kind of statute meant the General Assembly didn’t, by law, have to pass severance tax legislation as, for example, they have to pass a budget.  So I don’t believe they were legally mandated to come up with a severance tax even though you would think that they would have the obligation because of the public statements that were made.

WPCAMR:  What does being without a severance tax mean now for our environmental community and our state as a whole?

Shambaugh:  It means that as the industry continues to drill, Pennsylvanians are not receiving the benefits of that drilling activity and particularly in those areas of the state where the drilling takes place.  There are a lot of infrastructure issues, a lot of local government issues, and a lot of environmental issues that cannot be addressed because nothing is there to address them.

WPCAMR:  Do you think the severance tax issue will resurface when the next governor gets inaugurated in January?

Shambaugh:  I can tell you that PACD and probably a number of other groups, both local government groups and environmental groups are not going to just let the issue die.  We will continue to push and continue to advocate for a reasonable severance tax in Pennsylvania.  However, there are too many unknowns to really gauge whether or not it could happen next session.  The first unknown is obviously, who’s going to be the next governor, the second unknown is whether the Republicans or Democrats are going to have the majority in the House.  The only thing I can predict is that PACD is not going to let the issue drop.

WPCAMR:  So what happens to Senate Bill 1155 at this time?  Does it reappear next session?

Shambaugh:  At the official end of the session, all bills that weren’t passed, die.  As for the Severance Tax Bill, the process will have to start all over again.  My suspicion is that legislators who were supportive of a severance tax will reintroduce legislation which will include a severance tax.

WPCAMR:  That’s a hope for the future but what can our environmental community do right now?

Shambaugh:  I think the best thing that we can do is to keep pressure on the General Assembly to again address the issue.  The more public pressure, the more media coverage, the more letters to the editor will keep the pressure on legislators to readdress the issue of a severance tax.

WPCAMR:  So continuing to communicate with our legislators on this issue is still important?

Shambaugh:  Absolutely!  They need to know that folks are not happy about the fact that they didn’t pass this legislation.  I understand that the rank-and-file legislators were not a part of the negotiation process but the rank-and-file folks can pressure their leadership and say, “Look, I need this to be done”.

WPCAMR:  Has PACD been getting a lot of support with its efforts?

Shambaugh:  Tremendous support. The districts have worked with their legislators, they’ve sent letters to the editor, they’ve done op-ed pieces, etc.  The districts have absolutely been behind this one hundred percent.  Also, the fact that there’s been a lot of press coverage shows the importance of the issue and folks are definitely interested in the issue.  Particularly in the northern tier where they’re living and breathing marcellus shale right now.

WPCAMR:  Any final comments for our readers?

Shambaugh:  Just that PACD is hopeful that WPCAMR will continue to support vigorously, a severance tax for next legislative session.

We encourage you to write or call your legislator as soon as possible and urge them of the importance of the Marcellus Shale Severance Tax .  Specifically, a severance tax that supports Environmental Stewardship and County Conservation Districts.

To find contact information for your state representative and senator, go to: http://www.legis.state.pa.us/ and enter your zipcode.