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JUST IN: DEP Celebrates National Drinking Water Week, Reminds Pennsylvanians to Make Every Drop Count

News for Immediate Release

May 6, 2013

DEP Celebrates National Drinking Water Week, Reminds Pennsylvanians to Make Every Drop Count

Harrisburg – The Department of Environment Protection is celebrating National Drinking Water Week from May 5 to 11 by encouraging all Pennsylvanians to learn how to better protect and conserve their water.

“This week, we renew our commitment to work with the state’s water quality partners and ensure drinking water meets all federal and state standards,” Acting DEP Secretary Chris Abruzzo said. “With 11 million Pennsylvanians using public water systems and two million using individual household wells, Gov. Corbett is committed to water protection efforts that are vital to ensuring the health of the public and Pennsylvania’s economy.”

National Drinking Water Week recognizes the importance of water source protection and conservation; the fragility of Pennsylvania’s water resources; and that cutting down on pollution and conserving water start at home.

To keep pollution out of water sources, consider these steps:

• Appropriately use, store and dispose of household substances safely, rather than pouring them down the drain;

• Test private well water annually for bacteria contamination;

• Inspect household wells annually; and

• Move possible contamination sources, such as kennels or livestock operations, waste systems or chemical storage areas a safe distance from nearby wellheads.

 To conserve Pennsylvania’s water sources:  

• Install low-flow plumbing fixtures, such as on showerheads and faucets;

• Check for household leaks and monitor your water bill for high usage;

• Take short showers instead of baths;

• Turn off the faucet when brushing your teeth;

• Run dishwashers and washing machines only with full loads; 

• Install a rain barrel outside the house to collect rainwater and reuse it in daily household chores, such as watering the lawn or washing the car; and

• Wash your pets outdoors in areas of the lawn that need water.

 To learn more about what is in public drinking water, ask your water provider for a copy of your system’s water quality report, or Consumer Confidence Report. DEP also has an online Drinking Water Reporting System where the general public can find information about their systems.

 This year marks the 39^th anniversary of the Safe Drinking Water Act, the main federal law that ensures the quality of drinking water in the United States.

 For more information about drinking water and to search the online Drinking Water Reporting System, visit www.dep.state.pa.us and click the “Drinking Water Week” banner at the top of the homepage.

 Media Contact: Lisa Kasianowitz, 717-787-1323

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Drinking Water Week in Pennsylvania May 5-11, 2013

Governor Corbett's Proclamation of Drinking Water Week in Pennsylvania

Subject: Drinking Water Week

All,

 Yesterday, the Senate unanimously passed Senate Resolution 107 (Yaw-R).

 Senate Resolution 107 is a Resolution designating the week of May 5 through 11, 2013, as "Drinking Water Week" in Pennsylvania.

 As you may know, the House previously passed an identical resolution – House Resolution 271 (Miller-R).

 Thanks,

Erik

 Erik A. Ross
Senior Lobbyist
Gmerek Government Relations, Inc.
The Locust Court Building
212 Locust Street Suite 300
Harrisburg, PA 17101

(717) 234-8525

(717) 574-3963 (Cell)

(717) 234-8812 (Fax)

eross@ggrgov.com 

www.ggrgov.com

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PA DEP OAS web course

To all Surface Water Suppliers,

 The web course called Interpreting the Treatment Barrier Performance Summary Sheet for AWOP Participants is now live on the Operator eLearning Center at http://padepelearn.com.  Based on the beta testing, the course was assigned one contact hour for certified drinking water operators.  The course is designed to help surface water treatment plants that use the OAS software interpret and apply information from the annual performance summary sheet.

If you are a certified operator, you can log-in using your Client ID as your username and password at the address above.  The course costs $25 to enroll.  If non-certified individuals would like to complete the course, please email your information to DEP at WSTechTrain@pa.gov .

 Thanks,

 DEP - Safe Drinking Water Program

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PA PUC, PA OHS, US DHS offer Cybersecurity Workshop (May 16, 2013)
 

The issue of cybersecurity is of growing concern to all businesses from the impact it has on your bottom line to the compromise of customer information as well as the potential for devastating impact to our critical infrastructure. 

The Pennsylvania Public Utility Commission (PA PUC), in conjunction with the Pennsylvania Office of Homeland Security and the U.S. Department of Homeland Security, is pleased to announce a free workshop on May 16^th designed to provide vital information to executive and senior level security personnel.  During this half-day workshop you will  learn of emerging cyber threats, federal initiatives affecting critical infrastructure protection, and realistic practices for improving operational resilience as well as what the PA PUC looks for when conducting audits of security plans.

Seating is limited to the first thirty (30) registrants.  All registrations are due by May 10^th.  Attached is additional information and the registration form.  

If you are receiving this as the head of an association, please inform your membership of this training opportunity.

Questions concerning the workshop should be directed to RaChelle Coleman in Commissioner Pam Witmer’s office at 717-783-1763 or raccoleman@pa.gov

Cybersecurity workshop

Cybersecurity factsheet

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FREE EPA Region 3 Extreme Weather/Climate Change Workshop Invitation

 We have opened the registration website for our FREE May 9 -10^th workshop on extreme weather events.  Please visit  www.horsleywitten.com/extremeweather for more details and register today.  This site contains more details and logistical information.  More details will be shared after your registration is received. 

 Please share with others in your organization who may have a role to play in preparedness and response to extreme weather events. 

 On May 9 and 10, 2013, EPA Region 3 will convene a 1.5-day conference on water sector impacts from extreme weather events and climate change.  This conference will be held in Laurel, Maryland at the Conference Facilities at the Patuxent Research Refuge’s National Wildlife Visitor Center.  This is likely to be the first of two workshops; (the second of which will take place in Pennsylvania later this year, unless impacted by budget cuts).  We are seeking continuing education credits for you.

 This conference will touch on a variety of topics of interest to drinking water and wastewater utilities including:

·         Preparing for water-sector impacts related to extreme weather

·         Mitigation vs. adaptation measures to be undertaken at the utility level

·         Funding opportunities for Utility mitigation and adaptation activities

·         Utility perspectives on implementing mitigation/adaptation measures (e.g., case studies)

 I thank those of you who took the time to provide input into our planning by responding to our pre-workshop survey monkey.

 A word about lunch.  EPA cannot pay for your lunch; however, we have arranged for a caterer to offer box lunches.  More details can be found on the registration website.  Costs are based on attendance and with a good turnout, will be less than the cost stated.  We are working out the details for providing coffee each morning as well.

 If you have additional questions or concerns, please let me know.  And, please come join us for these critical discussions.

 Sincerely,

 Patti Kay Wisniewski
Drinking Water Security Coordinator

Drinking Water Branch (3WP21)
US EPA Region 3
1650 Arch Street
Phila, PA 19103

 215-814-5668

215-514-7893 (cell)

wisniewski.patti-kay@epa.gov

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PUC Recognizes Safe Digging Month; Urges Residents to ‘Know What’s Below. Call Before you Dig’ by Calling 8-1-1

 Emphasizing the importance of safe digging during spring projects and recognizing April as Safe Digging Month, the Pennsylvania Public Utility Commission (PUC) reminds utilities, residents and contractors to use safe digging practices.

 “Consumers should dial 811 and that will connect them with the Pennsylvania One Call system and in doing so, it allows the One Call system to then alert all the utilities within the area where you are intending to dig and the utility companies will come out and mark where the utilities are located on the properties,” said PUC Vice Chairman John F. Coleman in a video news release http://www.puc.pa.gov/about_puc/2013_pr_videos.aspx .  “We have seen incidents where property owners are installing a mailbox post or basketball hoop and they innocently dig in their yard to find out they hit a gas line, water line or electric line and that, obviously, will cause significant problems.”

 “It’s simple. It’s convenient. It’s easy to remember, and whether it be power lines, communication cables, natural gas pipelines or water lines, they are all at varying lengths underground so it’s really important you call Pennsylvania One Call at 8-1-1,” said PUC Commissioner Pamela Witmer in a video news release http://www.puc.pa.gov/about_puc/2013_pr_videos.aspx . “It’s the season for spring construction and home projects, and the PUC really wants all Pennsylvanians to know what’s below and call before they dig. It’s really very simple. Just call 8-1-1.”

 In Pennsylvania, utilities, contractors and homeowners are required by law to call 8-1-1 at least three business days before using power equipment to make certain underground utility lines are marked. The PUC provided the regulatory support needed to allow Pennsylvania to join the nation with 8-1-1 abbreviated dialing. An informational brochure on the “Know What’s Below. Call 8-1-1 before you dig” campaign is also available on the PUC website under the Consumer Education link.

 Pennsylvania One Call System Inc. is a 501(c)(6) nonprofit corporation established in 1972. Their purpose is to prevent damage to underground facilities. To promote safety, they provide an efficient, cost-effective communications network among designers, excavators, and facility owners. Before digging begins, PA One Call facilitates contact between those wishing to excavate a particular location with the owners and operators of underground facilities nearby, including public utilities. All excavators and residents must contact PA One Call at least three business days prior to excavation, as required by law. The service is offered at no cost to homeowners. For more information, please visit www.PaOneCall.org.

 The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.

 For recent news releases, video of select Commission proceedings or more information about the PUC, visit our website at www.puc.pa.gov . Follow the PUC on Twitter – @PA_PUC for all things utility. “Like” PAPowerSwitch on Facebook for easy access to information on electric shopping.

 Source:  PUC Press Release, 4/1/2013

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EPA Webinar - Revised Total Coliform Rule - April 10, 2013, 1:00 -3:00 pm ET

 This information was shared with AWWA and others, so hopefully it has trickled down to you, but I wanted to reminder everyone about it.

Please register, and if a group from your entity will be viewing this, please meet together to allow more folks to join us.

 On February 13, 2013, EPA published the Revisions to the Total Coliform Rule (RTCR) in the Federal Register.  Please see our website for additional information.   (http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm)

 EPA will be conducting a webinar on Wednesday, April 10, 2013 from 1:00 to 3:00pm eastern time to discuss the requirements of the RTCR.  The primary audience for the webinar will be water system operators and state and EPA drinking water program personnel.  The attached flyer and the information below provide instructions on how to register for the webinar.

 Thanks, and we hope you are able to register and join us!

 Revised Total Coliform Rule --  Join us for a Webinar on April 10, 1 - 3 PM Eastern

 [https://www3.gotomeeting.com/images/webinar/themes/basic/button_registerNow.gif]

 Space is limited. Please consider coordinating with others in your organization or location to share a space / registration.

 Reserve your Webinar Seat Now at:

https://www3.gotomeeting.com/register/933440302

 Training for Revised Total Coliform Rule (RTCR) The final RTCR, which applies to all public water systems, offers an opportunity for greater public health protection against waterborne pathogens and reduces implementation burden for water systems.  The final RTCR is based on the Agency's consideration of public comments on the proposed rule and on recommendations from the Total Coliform Distribution System Advisory Committee, a federal advisory committee, which consisted of a broad range of stakeholder groups, including States, environmental groups, utilities, and public health and public interest groups. Under the RTCR, public water systems and the state and local agencies that oversee these systems must comply with the requirements of the RTCR beginning April 1, 2016. Until then, public water systems and primacy agencies must continue to comply with the 1989 version of the rule.

 System Requirements

PC-based attendees

Required: Windows(r) 7, Vista, XP or 2003 Server

 Macintosh(r)-based attendees

Required: Mac OS(r) X 10.6 or newer

 Mobile attendees

Required: iPhone(r), iPad(r), Android(tm) phone or Android tablet

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Drinking Water Website/CCR page update with CCR electronic delivery options information

Dear DEP Staff and Water Industry Members:

                We have updated our Drinking Water Home page with the attached summary article about the acceptable electronic delivery options for Consumer Confidence Reports (CCRs).  This article also contains a link to the EPA memo.  The summary article and a brief description is found under “What’s New…” on the Drinking Water Home page and also within the initial paragraph on the CCR page.

                The CCR certification form and both CCR templates have been updated with the new electronic delivery options.  There is a line on the CCR certification form to include the direct URL so that DEP staff can verify that the CCR is posted at that URL.  I’m attaching both unprotected templates (no edit restrictions) and the CCR certification form for your use.

                Please share this e-mail with anyone who needs to know this information.  Thank you!   

          ADDITIONAL INFORMATION:

          2013 Electronic Delivery Article
          CCR Form
          Unprotected GW Template and Instructions
          Unprotected SW Template and Instructions

Deb Rotz | Water Program Specialist
Department of Environmental Protection | Bureau of Safe Drinking Water
Rachel Carson State Office Building
400 Market St. | Hbg PA 17101
Phone: 717.705.6352 | Fax: 717.772.3249
www.depweb.state.pa.us

PLEASE NOTE MY NEW PHONE NUMBER WHICH IS 717-705-6352

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Department of Environmental Protection Secretary Mike Krancer will step down April 15

HARRISBURG -- Governor Tom Corbett today announced that Department of Environmental Protection Secretary Mike Krancer will step down April 15 to return home to Montgomery County to practice law.

“Secretary Krancer has been an invaluable member of our team and I am grateful for his service,’’ Corbett said. “His impressive efforts at DEP have taken the agency back to basics, protecting the environment and making the permitting process more efficient.

“His guidance on a variety of issues related to the environment has been vital,” Corbett said. “DEP has been in good hands under his leadership.”

Corbett appointed Krancer to his cabinet in January 2011, where Krancer oversaw many major initiatives, including the reorganization of the agency, which created an Oil and Gas deputate and improved consistency statewide in enforcing that industry’s regulations.

Krancer also oversaw the Permit Review Process and Permit Decision Guarantee, which have brought timeliness and consistency to the permitting process for all agency-regulated activities.

In April 2011, Krancer and the governor issued a call to Marcellus Shale operators to stop delivering shale gas drilling wastewater to plants that were not equipped to fully treat it, which resulted in a sea change overnight and improved the health of Pennsylvania’s waterways.

Krancer also made brownfields redevelopment and abandoned mine reclamation projects around the state a priority and oversaw the implementation of the Covered Device Recycling Act.

Krancer and his agency were also instrumental in facilitating new investments and potential investments around the state, including his role in Governor Corbett’s team efforts to save the three southeastern Pennsylvania refineries and attract to them new environmentally responsible investors, employers and projects.

Krancer also had the opportunity to testify as an expert before several U.S. Congressional committees on many topics.

“Serving Governor Corbett and DEP has been the greatest honor of my career,’’ Krancer said. “Pennsylvania is well on its way to becoming the focal point of an American energy revolution, and I am grateful to the governor for giving me this role in assuring that natural gas and energy development happen in an environmentally sound and responsible manner.

“I owe a tremendous amount of thanks and appreciation to all of the talented, dedicated, hard-working professionals at DEP with whom I have been privileged to work as their Secretary,” he said.

DEP has 2,633 employees and a $655 million budget.

Krancer will rejoin his former law firm, Blank Rome LLP, an international law firm based in Philadelphia.

In addition to his previous legal work at Blank Rome, Krancer, 55, of Bryn Mawr, Montgomery County, served as a judge on the state’s Environmental Hearing Board for 10 years, including four years as chief judge and chairman. He has also worked as an attorney for Exelon Corp.

A graduate of the University of Virginia, Krancer earned his law degree from Washington and Lee University.

“I appreciate Mike’s unwavering commitment to this job, knowing that it took him away from spending quality time with his wife and children,’’ Corbett said. “While I am sorry to lose his expertise in the administration, I am glad this is an opportunity for him to go back home.”

E. Christopher Abruzzo, deputy chief of staff for Governor Tom Corbett, will serve as acting secretary. Abruzzo, who works closely with Krancer and the DEP staff in his position as deputy chief of staff, will hold both positions until Corbett names Krancer’s successor.

For more information, visit www.pa.gov or www.dep.state.pa.us.

Source:  DEP Press Release, 3/22/2013

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Subject: DEP Releases 2013 Susquehanna River Sampling Plan

FOR IMMEDIATE RELEASE

03/20/2013

CONTACT:

Kevin Sunday, Department of Environmental Protection

717-787-1323

DEP Releases 2013 Susquehanna River Sampling Plan

Agency Will Provide Regular Updates on Website

HARRISBURG -- The Department of Environmental Protection today released a work plan outlining intensive efforts to continue studying and sampling dozens of locations in the Susquehanna River basin throughout 2013. DEP’s ongoing efforts include analysis of water quality, water flow, sediment, pesticides, hormones, invertebrates, fish tissue and other areas of study. Portions of the study will focus on areas of the river or its tributaries where smallmouth bass reproduce.

“The scientists and experts here at DEP have, quite simply, done an incredible amount of work on this complex issue over the past few years,” DEP Secretary Mike Krancer said. “Our staff will continue this comprehensive, fact-based approach, working with our partners at the Fish and Boat Commission, the Susquehanna River Basin Commission and the U.S. Geological Survey.

“The actual cause or causes of the issues we have seen with the smallmouth bass have not yet been determined or linked to any particular water quality issue,” he said. “But DEP is dedicated to working with our partners to find the answer.”

The agency’s sampling efforts will be focused on sites along the Susquehanna at Marietta, City Island and Sunbury and along the Juniata River at the Lewistown Narrows and Newport. A site along the Delaware River near Trenton, NJ, will be used as a control site. Staff will test for various water quality parameters, like dissolved oxygen, temperature and pH, at multiple sites in the Susquehanna. Samples of fish, mussels and macroinvertebrates, such as mayflies, will also be collected.

“Our efforts span the entire watershed,” Krancer said. “Sampling across the Susquehanna River basin allows us to identify and accurately measure the effects of various influences on the river. This research will provide data and help us decide what next steps, if any, are needed to protect our waterways.”

Fish tissue from bass collected during spawning season will be analyzed for pesticides, PCBs and metals. DEP will also work with the U.S. Geological Survey to analyze fatty tissue from healthy and diseased fish to determine the effects of different environmental factors.

In the coming weeks, DEP will sample for pesticides at existing water quality network stations along the Susquehanna, Juniata and Delaware rivers. Samples will be collected during some rain events, as that is when pesticides and herbicides are more likely to wash into the river.

DEP will analyze the samples for 54 different compounds. The study also calls for analysis of sediment samples and in-stream monitoring data, to be collected at spawning areas, that examines for pesticides and hormonal compounds. Staff will also take water quality samples from 32 sites in the tributaries of the Susquehanna River basin to better characterize the entire watershed.

The agency’s biologists continue to consult with a contracted algal expert to analyze samples collected in areas where young-of-year bass have died off or where algal blooms have occurred in the past. Water samples from algae-heavy areas will be analyzed for total suspended solids, ammonia, nitrogen and phosphorus to determine the relationship between nutrient run-off, or discharges, and algae growth. Excessive algae may be indicative of poor water quality and can inhibit aquatic life and recreational activity, such as fishing.

DEP continues to wait for final approval from the U.S. Environmental Protection Agency of its final 2012 Integrated Waters report, a biannual assessment of the state’s rivers and streams required by the federal Clean Water Act. The report describes the health of various waterways in the state and, where needed, DEP proposes listing waterways as impaired.

For more information, visit www.dep.state.pa.us and click on the “Susquehanna River Study Update” button on the homepage.

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Subject: AWWA update - Senate committee passes bill with WIFIA title!
Message from Tommy Holmes, AWWA

 We reached a significant milestone yesterday in advancing our proposal for a Water Infrastructure Finance and Innovation Authority (WIFIA). On Wednesday morning, the Senate Committee on Environment and Public Works unanimously approved S. 601, the Water Resources Development Act of 2013, and sent it forward for consideration by the full Senate.  Title X of this bill creates a five-year pilot program for WIFIA.  You can download the bill from the EPW Committee website at

http://www.epw.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=e72a62bd-c18b-4602-976f-57ca5b929737

 WIFIA is title X of the bill, starting on page 262.

 The bill authorizes $50 million annually for EPA and another $50 million annually for the Corps of Engineers.  Those agencies will make independent decisions and support different projects, but there is also a provision for them to jointly fund projects (such as reservoirs).  This level of authorization should support at least $500 million annually in low-interest loans for EPA and the same for the Corps.  That isn’t as much as we need but it’s a good start. The similar, already-existing transportation program known as TIFIA started as a pilot program and is now a success story.

 The WIFIA program will offer loans or loan guarantees at Treasury rates, with 35 years to repay after substantial project completion.  The minimum project size is $20 million.  Water and wastewater utilities and authorities are eligible, as are state finance authorities (SRFs).

 As we have noted, under the current bill WIFIA will support a maximum of 49% of eligible project costs.  That is something we would like to increase as an improvement to the bill as part of the Fly-In.  But note we have accepted project selection criteria that will reward projects that bring other money to bear in addition to WIFIA (such as other local resources or P3 projects), so WIFIA isn’t likely to award 100% financing in many instances. 

 Eligible projects include pipe replacement or rehabilitation, new or upgraded treatment plants, CSO and wastewater projects, reuse, desalination, capital projects to improve energy efficiency, and new water supply projects.  This is basically everything we asked for, with the possible exception of expanding distribution systems to accommodate growth: that kind of project is not clear in the bill and may not be covered.

 The bill encourages projects that “use new or innovative approaches.”  From discussion with Senate staff, it’s clear that includes design-build projects.  In a project carried out by an entity that is not a state or local government entity or its instrumentality, the private entity can get WIFIA funding only if it is sponsored by such a governmental unit. 

 We’ll keep working on this bill as it progresses. It will have to go through the House of Representatives as well before becoming law. AWWA has expressed its appreciation to the committee and to Senators Boxer and Vitter in particular.  Even if we might wish to tweak the bill if a few places, it is highly consistent with our legislative outline and deserves our support. 

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Action requested: contact your senators on the Senate Committee on Environment and Public Works and ask them to remove the cap on the cost of projects that would be funded in proposed WIFIA

To:  AWWA Government Affairs contacts
From: Tommy Holmes, AWWA Legislative Director
Date: March 18, 2013

Greetings!

We have received a copy of a draft Water Resources Development Act (WRDA) bill that contains a provision creating a WIFIA pilot program. As you probably know, AWWA, AMWA, WEF and others have been seeking creation of a WIFIA, or Water Infrastructure Finance and Innovation Act, for some time now.

Generally, the draft looks very good. However, there is one point we very much want to see changed. This is a provision that would cap the total cost of a project funded by WIFIA at 49 percent. Total federal contributions to the project would be capped at 80 percent.  This seems to be copied and pasted from legislation creating a similar transportation program years ago. Transportation projects usually receive a combination of federal funds.

This draft bill is scheduled for a committee “markup” session on Wednesday. Markup is a committee meeting where members offer and vote on amendments to a bill. Our staff has had several meetings on Capitol Hill on this and other WIFIA issues, so there will be some familiarity with our concerns, if not with the first staffer you talk to, but with others on the senator’s staff.

Therefore, we are asking AWWA members to contact their senators on the Senate Committee on Environment and Public Works and ask them to introduce and/or vote for an amendment that would remove the 49% cap on funding the cost of a project in Title X of the draft WRDA bill.

If you do have a senator on this committee, we still thought you ought to know what is going on with WIFIA.

Here is a roster of members of the committee:

Here is language you can use in an e-mail or phone call:

March 18, 2013
The Honorable XXXX XXXXXXXXX
United States Senate

Dear Senator XXXXXXXXXX,

I understand that the Committee on Environment and Public Works, on which you serve, will mark up legislation reauthorizing the Water Resources Development Act on Wednesday. I am very pleased to see that Title X of the draft bill would create a Water Infrastructure Finance and Innovation Authority (WIFIA). This would be an invaluable tool for reinvigorating our nation’s drinking water and wastewater infrastructure.

However, there is one provision in the draft that we would like to see changed. That is the cap placed on how much of a project the WIFIA could fund – 49 percent. That may make sense for a transportation project – WIFIA is patterned after the transportation program known as TIFIA, after all – but it does not make sense for a water infrastructure program. Transportation projects may receive a variety of federal funds, but that is not the case for water projects.

Therefore, we ask that you seek a change in the bill to remove that cap and allow WIFIA to fund 100 percent of a project’s cost.

We thank the Committee for its leadership on these pressing infrastructure issues, and look forward to working with you further on this. We do feel strongly, however, on the need to fix the cap on individual project funding.

Sincerely,

Tommy Holmes

Legislative Director

American Water  Works Association

1300 Eye St. NW

Suite 701W

Washington, DC  20005

202 326-6128

tholmes@awwa.org

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Infrastructure Deficit Will Be $84 Billion by 2020

-- Craig D. Brooks, Executive Director

 If current trends continue, $126 billion will be needed for drinking water and wastewater infra­structure by 2020, leaving an anticipated funding gap of $84 billion, according to a report released by the American Society of Civil Engineers (ASCE).

 Moreover, by 2040, the needs for capital invest­ment in water will amount to $195 billion, and the funding gap will have escalated to $144 billion unless funding strategies to address the gap are implemented in the coming years.

 The report, “Failure to Act: The Impact of Current In­frastructure Investment on America’s Economic Future”, is the fifth and final report in the ASCE series.

 According to the report, an $84 billion deficit for drinking water and wastewater infrastructure could lead to $206 billion in increased costs for businesses between now and 2020.

 In the worst case scenario, nearly 700,000 jobs would be lost in the United States by 2020, and if the deficit is not addressed by 2040, 1.4 million jobs could be at risk in addition to what is otherwise anticipated for that year.

 The impacts on jobs are a result of costs to busi­nesses and households managing unreliable water delivery and wastewater treatment services, and will be spread throughout the economy. Regarding all infrastructure, investment gaps will total $1.1 trillion by 2020 and $4.7 trillion by 2040.

 By 2020, the United States will have lost over $400 billion in gross domestic product, while cumulative im­pact through 2040 is expected to be almost $4 trillion, according to ASCE.

__________________________________________________

The most recent report on water infrastructure from the American Society of Civil Engineers describes a growing infrastructure deficit and

a corresponding negative economic impact

__________________________________________________

The report released January 2013 addresses the following infrastructure categories: surface transpor­tation; airports; inland waterways and marine ports; electricity; and water and wastewater.

According to the report, delivery of drinking water and wastewater services in the United States is de­centralized and strained. About 54,000 drinking wa­ter systems serve more than 264 million people, and more than half of these systems serve fewer than 500 people.

 As the U.S. population has increased, the percent­age of people served by public drinking water systems also has increased. Each year, new water lines are con­structed to connect more distant dwellers to central­ized systems, which continues to add users to aging systems.

 Although new pipes are being added to expand ser­vice areas, drinking water systems degrade over time, with the useful life of components ranging from 15 to 95 years.

 In regard to wastewater, the report says that the United States has about 15,000 treatment facilities and 20,000 wastewater pipe systems. Although access to centralized treatment systems is widespread, the condition of many of these systems is poor.

 Aging pipes and inadequate capacity lead to the discharge of about 900 billion gallons of untreated sew­age each year.

 ASCE is scheduled to release its 2013 Report Card for America’s Infrastructure, in which it will grade 16 infrastructure categories on a scale of A through F, in March 2013. The last report card, published in 2009, gave an overall grade of D for infrastructure, the same grade given in 2005.

 ASCE’s current report is available at: http://www.asce.org/economicstudy/.

 Source:  ENVIRONMENTAL SYNOPSIS / FEBRUARY 2013 / P. 4

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EPA Region 3 Extreme Weather/Climate Change Workshop

 Dear Water Sector Partners:

Please share with others in your organization who may have a role to play in preparedness and response to extreme weather events.

 President Obama stated in his 2013 State of the Union Address  “But for the sake of our children and our future, we must do more to combat climate change. Yes, it’s true that no single event makes a trend. But the fact is, the 12 hottest years on record have all come in the last 15. Heat waves, droughts, wildfires, and floods – all are now more frequent and intense. We can choose to believe that Superstorm Sandy, and the most severe drought in decades, and the worst wildfires some states have ever seen were all just a freak coincidence.  Or we can choose to believe in the overwhelming judgment of science – and act before it’s too late.

On May 9 and 10, 2013, EPA Region 3 plans to convene a 1.5-day conference on water sector impacts from extreme weather events and climate change.  This conference will be held in the Laurel, Maryland, area and likely be the first of two conferences; the second of which will take place in Pennsylvania later this year, unless impacted by budget cuts. 

 In order to give you the opportunity to provide feedback and help create an engaging and informative agenda, we are requesting any feedback you may wish to provide.  At your earliest convenience, but no later than Friday, March 15th, 2013, please click on the link below to view our workshop information and to share your expectations and suggestions for this conference.

 You can find our feedback form at http://www.surveymonkey.com/s/Region3Conference

 This conference will touch on a variety of topics including:

·         The relationship between extreme weather and climate change

·         Preparing for water-sector impacts related to extreme weather and climate change

·         Mitigation vs. adaptation measures to be undertaken at the utility level

·         Funding opportunities for Utility mitigation and adaptation activities

·         Utility perspectives on implementing mitigation/adaptation measures (e.g., case studies)

 I look forward to hearing from you and greatly appreciate your feedback.  If you have additional questions or concerns, please let me know.

 Patti Kay Wisniewski
Drinking Water Security Coordinator
Drinking Water Branch (3WP21)

US EPA Region 3

1650 Arch Street

Phila, PA 19103

215-814-5668

215-514-7893 (cell)

wisniewski.patti-kay@epa.gov

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PUC Provides Outage Reminders in Advance of Expected Storm

March 05, 2013

HARRISBURG – With weather forecasts calling for significant accumulations of heavy, wet snow for much of Pennsylvania, the Pennsylvania Public Utility Commission (PUC) today reminded customers of what to do when the electricity goes out.

When electricity is lost, priority restoration is given to locations that can restore larger numbers of customers and high priority customers such as nursing homes, emergency shelters, emergency governmental services and hospitals. Consumers should call their utility for the most up-to-date information. The following areas are expected to be impacted:

• Met-Ed/Penelec/Penn Power/West Penn Power: 1-888-LIGHTSS (1-888-544-4877)

• PPL: 1-800-342-5775

• PECO: 1-800-841-4141

• UGI: 1-800-276-2722

• Duquesne: 888-393-7000

The companies also will be sharing information on social media such as Twitter. You can follow them: @Met_Ed; @Penelec; @penn_power; @W_Penn_Power; @PPLElectric; @UGI_Utilities; @DuquesneLight. Consumers should not use social media to report outages or share account information or addresses.

Before the lights go out, the PUC reminds consumers to charge cell phones and other portable electronic devices. The PUC offers the following tips for residents during a power outage:

When the lights go out

• Call your utility. Don't expect that others in your neighborhood have already called. Due to the severity of some of the damage, some areas may be without power until the weekend. Your utility can provide you with the most up-to-date information on when to expect power to be restored.

• Check on elderly neighbors and those with special needs who might need additional assistance.

• Use a phone that does not require electricity to work. A cellular phone or corded phone will work. Remember a cordless phone won’t work without electricity.

• Turn off lights and electrical appliances except for the refrigerator and freezer. When power comes back on, it may come back with momentary "surges" or "spikes" that can damage equipment. After you turn the lights off, turn one lamp on so you will know when power is restored. Wait at least 15 minutes after power is restored before turning on other appliances.

• Only use a flashlight or battery-operated lanterns for emergency lighting. Do not use candles.

• Avoid opening the refrigerator and freezer. Food can stay cold for a couple of hours if the doors remain closed. For longer outages, plan to place refrigerator and freezer items in coolers with ice. If in doubt, throw it out. The state Department of Agriculture has more information on food safety.

• If you are going to use a generator, do not run it inside a home or garage. If you use a generator, connect the equipment you want to power directly to the outlets on the generator. Do not connect a generator to a home's electrical system. Generators also should not be run near any open windows or other areas where carbon monoxide may travel into the home such as air vents.

Driving during a power outage

• Eliminate unnecessary travel, especially by car. Traffic signals will stop working during an outage, creating traffic congestion. If traffic lights are out, treat all intersections as four-way stops. It’s required by law for safety.

• Stay away from downed power lines and sagging trees with broken limbs.

Downed power lines

• Don’t touch or get near any fallen lines.

• Keep pets inside.

• Stay away from objects or puddles in contact with downed power lines.

• Notify the utility company.

• Never try to remove trees or limbs from power lines.

The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.

For recent news releases, video and audio of select Commission proceedings or more information about the PUC, visit our website at www.puc.pa.gov. Follow the PUC on Twitter – @PA_PUC for all things utility. “Like” PAPowerSwitch on Facebook for easy access to information on electric shopping.

__________________

EWG Report Released: Water Treatment Contaminants Report

http://www.ewg.org/research/water-treatment-contaminants

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Obama orders voluntary security standards for critical industries’ computer networks

By Ellen Nakashima, Published: February 12
© The Washington Post Company

Citing the growing threat from cyberattacks, President Obama on Tuesday announced that he had signed an executive order that calls for the creation of voluntary standards to boost the security of computer networks in critical industries such as those that keep trains from colliding and drinking water clean.

“We know hackers steal people’s identities and infiltrate private e-mail,” he said in his State of the Union speech. “We know foreign countries and companies swipe our corporate secrets. Now our enemies are also seeking the ability to sabotage our power grid, our financial institutions, and our air traffic control systems. We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy.”

The establishment of standards is part of a broader administration effort to protect the nation against a growing cyberthreat and the prospect of attacks that result in the loss of sensitive corporate data or even physical damage and deaths. In his speech, Obama also called on Congress to pass legislation to give government greater ability to deter attacks.

In the works since last summer, the order also calls for greater sharing of cyberthreat information by the federal government with the private sector to better detect risks. The president’s executive action follows a failed effort by Congress to pass a law calling for voluntary standards.

The order does not create regulations or authorities. Rather, it directs the Commerce Department to work with industry and federal agencies to craft a framework of standards within a year. The standards would apply only to sectors regulated by federal agencies, such as banking and electric power. “This is not designed to be a one-size-fits-all approach,” said a senior administration official, speaking on the condition of anonymity to discuss an order before Obama announced it.

The standards would affect only the most critical functions within sectors, such as computers that run financial trading systems or electric power generation. Computers that operate a bank’s Web site, for example, would not be subject to the standards.

Although the administration is stressing the program’s voluntary nature, it left open the possibility that regulators may use their authority to enforce the standards. “So . . . this actually does have some teeth to it,” the official said.

The effort has drawn criticism from some business interests as a backdoor to burdensome regulations.

The executive order is “likely to be only marginally effective in enhancing cybersecurity,” said Paul Rosenzweig, a former Department of Homeland Security official who is now a security consultant. “In the absence of liability protections and other incentives, most private sector actors will choose not to participate.”

The order calls for agencies to review incentives that could be offered to induce compliance. But one of the biggest — protection from lawsuits — can come only from Congress.

Some experts say the executive order eventually could create a “standard of care” that companies would be encouraged to observe to avoid being sued. “And that’s a good thing,” said Jacob Olcott, a cyber expert with Good Harbor Security Risk Management.

The order also directs agencies to increase the flow of cyberthreat data to companies, including warnings that they are being targeted. They will share malware, not people’s personal information, one official said. “It’s not about content,” he added.

© The Washington Post Company

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DEP Announces Major Permitting Efficiency Improvements; Provides New Policy’s First Quarterly Report

Feb. 14, 2013

DEP Announces Major Permitting Efficiency Improvements; Provides New Policy’s First Quarterly Report

Harrisburg –The Department of Environmental Protection today released the results of the first of four quarterly reports detailing progress under the new Permit Review Process and Permit Decision Guarantee policy.

“The early results are nothing short of stunning,” DEP Secretary Mike Krancer said.

The early data shows that DEP has increased its permit review efficiency by 74 percent in the Mining programs; 68 percent in the Water programs; 67 percent in Waste, Air Radiation and Remediation; and 19 percent in Oil and Gas. The agency has provided permit applicants with decisions within the targeted timeframes nearly 98 percent of the time and has reduced the permit application backlog by about 40 percent.

“Last year, Governor Corbett delivered on his promise and directed DEP in July 2012 to establish this program, aimed at assuring predictability and efficiency in permit submissions and reviews,” Krancer said. “And DEP has delivered.

“Our program has only been up and running since November 2012, and I would like to thank both DEP staff and the regulated community for responding like champions to make this a resounding success for all Pennsylvanians right out of the chute.”

The new process aims to eliminate what had become an inefficient process of “back and forth” of permit applications. Before the new policy, about 40 percent of permit applications came in the door with substantial deficiencies that prevented timely review.

“We have accomplished quite a paradigm shift,” Krancer said. “Under the Governor’s and DEP’s initiative, less than one and a half percent of applications have been in that category. This allows DEP permit reviewers to focus on their core functions of protecting the environment and public health and safety.

“We all know that it is still early, and we all need to keep up our efforts and our focus to continue this tremendous momentum,” Krancer said.

DEP will release subsequent reviews of the policy in each of the next three quarters.

For more information and to view the report, visit www.dep.state.pa.us and click “Permit Decision Guarantee.”

Media contact: Kevin Sunday, 717-787-1323

###

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PENNVEST Update

Subject: Participating in March 20th 2013 PENNVEST's Nutrient Credit Forward Auction
 

Dear PENNVEST Nutrient Credit Auctions participant,

Just a reminder that February 18^th is the cutoff to register and submit enrollment and eligibility documentation for PENNVEST’s March 20th Forward Auction.  In this auction you will be able to bid/offer on the purchase/sale of credits that will be applicable to meeting nutrient discharge permit limits.  You can bid/offer credits for this compliance year as well as future compliance years.  The auction is open to potential credit buyers and sellers in both the Susquehanna and Potomac watersheds. 

 If you are interested in learning more about this auction and how to participate, please note the following links:

·         To open a Markit account, please apply here: http://www.markit.com/sites/en/about/registrations/environmental-auctions-pennvest.page

·         Training session materials: http://www.markit.com/assets/en/docs/products/environmental/auctions/PENNVEST_Enrollment_Eligibility_Webinar_March2013%20v2.pdf

·         Any additional details : http://www.markit.com/sites/en/products/environmental/auctions/pennvest.page

 Please let us know if you have any questions,

 Sincerely,

 Markit Environmental Auctions Team

Environmental.auctions@markit.com

+1-917-441-6668

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AWWA releases white paper on Hydraulic Fracturing

Click on this link for more information

http://www.awwa.org/legislation-regulation/issues/hydraulic-fracturing.aspx

Click here for the white paper

http://www.awwa.org/Portals/0/files/legreg/documents/AWWAFrackingReport.pdf

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CCR Electronic Delivery Options

 In January 2013, EPA issued new guidance that allows for additional, electronic delivery options that will meet the definition of direct delivery.  These new options will significantly reduce mailing costs for the larger water systems. 

 Here are the descriptions of the new electronic methods that EPA and DEP will accept as a form of direct delivery:

• Mail – notification that CCR is available on website:  A water system mails to each bill-paying customer a notification that the CCR is available and provides a DIRECT URL to the CCR where it can be viewed. The mail method for the notification may be, but is not limited to, a water bill insert, statement on the water bill or community newsletter.

• Email – direct URL to CCR:  A water system emails a direct URL to the CCR on a publicly available site on the Internet.

• Email – CCR sent as an attachment to the email:  A water system emails the CCR as an electronic file email attachment (e.g., portable document format)

• Email – CCR sent as an embedded image in an email:  A water system emails the CCR text and tables inserted into the body of an email (not as an attachment.)

NOTES: 

1. Water systems are NOT allowed to use social media (e.g., Twitter or Facebook) directed to bill-paying customers since these are membership Internet outlets and would require a customer to join the website to read their CCR.  Additionally, water systems cannot use automatic telephone dialers to distribute CCRs because the entire content of the CCR cannot be provided in the phone call.

2. If a water system employs an electronic delivery method, the system must still provide a way for customers to request a paper CCR and receive it.  If a water system is aware of a customer’s inability to receive a CCR electronically, it must continue providing a paper CCR. 

3. Water systems must still mail a paper copy of the CCR to DEP by July 1^st each year.  DEP is responsible for reviewing and evaluating these reports for compliance with content requirements and maintaining CCRs on file as part of our primacy obligations.

 In addition to electronic delivery, EPA and DEP will continue to accept paper mail or hand delivery of CCRs as forms of acceptable delivery. To view EPA’s CCR Delivery Options memo and guidance, click on this link:

http://water.epa.gov/lawsregs/rulesregs/sdwa/ccr/upload/ccrdeliveryoptionsmemo.pdf

 Although, the new delivery methods will not affect the CCR templates we have on the website, the template instructions are being updated to include this new information about the delivery options.  However, the CCR Certification of Delivery form does need to be (and is in the process of being) updated to address these new delivery methods.  Specifically, if a water system uses the direct URL option, they will have to provide that URL on the form.  I expect the final form to be available on the web no later than July 1.  I will send a separate notice when the updated forms are finalized.

 We will also be posting this information on the drinking water web page, so please feel free to share this message with your water systems.

 Contact me if you have any questions.

Dawn Hissner | Environmental Group Manager, Operations
Department of Environmental Protection | Bureau of Safe Drinking Water
Rachel Carson State Office Building
400 Market St | Hbg PA 17101
Phone: 717.772.2189 | Fax: 717.772.5630
www.depweb.state.pa.us

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CCR e-Delivery Options Memo

Many of you asked for this option for CCR e-delivery and provided input along the way.  Thank you for your efforts to make this a reality!  And Happy New Year.

On January 3, 2013 Peter Grevatt, Director, EPA/OGWDW, released an interpretive memo that describes delivery options for the Consumer Confidence Report (CCR) that meet the regulatory requirements under the existing CCR rule.  The memo and attachment present new options, not requirements, concerning electronic delivery of CCRs.  (The document is 26 pages, so I have not attached it here.  It is posted on the web at the link below.  If you have any difficulties, please let me know and I will forward the pdf).

EPA/OGWDW will host a webinar on CCR Electronic Delivery on Thursday, January 17, 2013, from 2 – 4 pm ET.  Space is limited.  Registration for the webinar can be found at: https://www3.gotomeeting.com/register/888824022.

In addition to releasing this interpretive memo, we also posted on our website the CCR Rule Retrospective Review Summary document which describes the retrospective review, the agency’s findings and potential follow-up actions. These documents may be found at: http://water.epa.gov/lawsregs/rulesregs/sdwa/ccr/regulations.cfm.

Please contact me if you have any questions.

Patti Kay Wisniewski
Drinking Water Security Coordinator
Drinking Water Branch (3WP21)
US EPA
1650 Arch Street
Philadelphia, PA  19103-2029
215-814-5668/215-814-2302 FAX
CELL PHONE: 215-514-7893
email: wisniewski.patti-kay@epa.gov

______________________

STATEMENT BY EPA ADMINISTRATOR LISA P. JACKSON ANNOUNCING HER LEAVING CABINET AFTER STATE OF UNION

FOR IMMEDIATE RELEASE
December 27, 2012

WASHINGTON -- I want to thank President Obama for the honor he bestowed on me and the confidence he placed in me four years ago this month when he announced my nomination as Administrator of the Environmental Protection Agency. At the time I spoke about the need to address climate change, but also said: “There is much more on the agenda: air pollution, toxic chemicals and children’s health issues, redevelopment and waste-site cleanup issues, and justice for the communities who bear disproportionate risk.”   As the President said earlier this year when he addressed EPA’s employees, “You help make sure the air we breathe, the water we drink, the food we eat are safe. You help protect the environment not just for our children but their children. And you keep us moving toward energy independence…We have made historic progress on all these fronts.” So, I will leave the EPA confident the ship is sailing in the right direction, and ready in my own life for new challenges, time with my family and new opportunities to make a difference.

 ________________________________

 EPA Update: CCR Rule Retrospective Review-Webinar

SAVE THE DATE!

January 17, 2013 (2:00 - 4:00 PM ET):  Consumer Confidence Report (CCR) Rule Retrospective Review - Electronic Delivery Framework Webinar

·        The objective of this webinar is to explain the CCR electronic delivery framework outlined in the CCR Delivery Options memorandum (soon to be released.)  Panelists will discuss electronic delivery methods and approaches appropriate to meet CCR Rule requirements to “mail or otherwise directly deliver” the CCR to customers.  The webinar is intended for community water systems, state and federal drinking water regulators and other interested parties.  The webinar will also provide an opportunity for attendees to ask questions of the EPA representatives regarding delivery requirements.

Space is limited.

Reserve your webinar seat now at:

https://www3.gotomeeting.com/register/888824022

Consumer Confidence Report Rule Retrospective Review
CCRRetrospectiveReview@epa.gov

________________________________

EPA Administrator signs final RTCR

 Please share this to others in your organization.  Have a wonderful holiday and Happy New Year.  A link to the Federal Register version will be shared once published.

The EPA Administrator, Lisa P. Jackson, signed the final Revised Total Coliform Rule (RTCR) on December 20, 2012, and EPA is submitting it for publication in the Federal Register (FR).  A pre-publication version of the rule has been posted to the EPA TCR web site at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation.cfm.  While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule for purposes of compliance.  Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office’s website (http://www.gpo.gov) and on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-HQ-OW-2008-0878. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version

The RTCR applies to all public water systems.  It offers an opportunity for greater public health protection against waterborne pathogens and reduces implementation burden for many water systems.  The final RTCR is based on the Agency’s consideration of public comments and recommendations from the Total Coliform Distribution System Advisory Committee, a federal advisory committee, which consisted of a broad range of stakeholder groups, including States, environmental groups, utilities, and public health and public interest groups.

Patti Kay Wisniewski
Drinking Water Security Coordinator
Drinking Water Branch (3WP21)
US EPA
1650 Arch Street
Philadelphia, PA  19103-2029
215-814-5668/215-814-2302 FAX
CELL PHONE: 215-514-7893
email: wisniewski.patti-kay@epa.gov

________________________

AWWA Washington Report for Dec 18

Attached please find the AWWA Washington Report for Dec. 18. Topics in this issue are

·         Release May be Imminent for Revised Total Coliform Rule

·         EPA Expected to Release CCR Memo Before End of Year

·         Agency Releases Climate Change Strategy

·         EPA Could Agree to Reopen Stormwater Consent Decree to Allow Green Infrastructure

·         Just Politics

Click here for more information

Tommy Holmes

Legislative Director

American Water  Works Association

1300 Eye St. NW

Suite 701W

Washington, DC  20005

202 326-6128

tholmes@awwa.org

Shale drillers want to move wastewater on barges

December 16, 2012 12:13 am

By Emily DeMarco / PublicSource

The shale gas drilling industry wants to move its wastewater by barge on rivers and lakes across the country. But the U.S. Coast Guard, which regulates the nation's waterways, must first decide whether it's safe.

"It may be hazardous," said Cmdr. Michael Roldan, chief of the Coast Guard's Hazardous Material Division, stressing the word "may." "If it is, it would not be allowed to ship under bulk."

Right now, he pointed out during an interview with PublicSource, it can't be shipped by barge, even though there has been confusion in Pittsburgh, West Virginia and Ohio about whether it could be.

The Coast Guard has been considering whether to allow the industry to use the waterways for about a year, according to Cmdr. Roldan, who said the question came up when the Marine Safety Unit Pittsburgh -- the local office of the Coast Guard -- called the Washington office to clarify whether bulk transport was allowed after Marcellus Shale drillers began making inquiries.

The Coast Guard's decision would affect more than Pittsburgh's iconic three rivers. Nearly 12,000 miles of waterways could be open to these waterborne behemoths, each carrying 10,000 barrels of wastewater.

Like so many questions involving the shale gas industry, it's a divisive one. Environmentalists said the possibility of a spill that could contaminate Pittsburgh's rivers with chemicals isn't worth the risk. But industry officials who advocate waterway transport said barges are the safest, and cheapest, way to move this stuff.

A barge accident would be a "massive catastrophe," said Steve Hvozdovich, Marcellus campaign coordinator for Clean Water Action, a national environmental advocacy organization.

"It's not just a contamination of a waterway," Mr. Hvozdovich said. "You're talking about the contamination of the drinking water supply for about half a million people. ... It seems like a very bad idea."

But industry officials and transportation experts counter that other industrial materials, some toxic, are moved on barges now. They include chlorine, hydrochloric acid and anhydrous ammonia. Why should the drilling industry be treated differently? they ask.

Anyone who says moving the wastewater is a danger doesn't know what's on the waters already, said John Jack, vice president of business development and operations for GreenHunter Water, a company that handles wastewater for major oil companies.

"Look what's going down the waters right now," Mr. Jack said, "highly toxic stuff. ... There's nothing in our product that's hazardous."

Hydraulic fracturing, or fracking, requires about 5 millions gallons of water per well. Water is combined with chemicals and sand and shot deep underground, releasing pockets of gas from shale rock formations.

Depending on the well, about 15 to 80 percent of what was injected returns to the surface. That's called "flowback." Plus, the well continues to regurgitate naturally occurring water from inside the shale, which is called "produced water." Both liquids become wastewater, often called "brine."

Complications arise for the Coast Guard's analysis because companies use proprietary mixtures of chemicals in fracking. And, salt, hydrocarbons and radioactive elements that occur naturally underground catch a free ride with the watery mixture to the surface.

"If there wasn't the variability, this would be a much easier process," Cmdr. Roldan said.

Ring-around-the-tub effect

The agency is determining appropriate "ceilings" for each component in the wastewater. Companies that want to ship by bulk would have to test their wastewater first. If the components are under the Coast Guard's ceilings, companies would be given the green light, assuming approval.

The Coast Guard's biggest concern about the wastewater is what Cmdr. Roldan calls the "bathtub ring" effect inside the barges. Just as, after many showers and baths, calcium in tap water can leave a ring around the tub, radioactive particles in the wastewater may accumulate inside the barge.

Workers and inspectors on the barges could be at risk after long-term exposure, he said, and the agency would likely require regular testing of the barges for radioactivity.

Cmdr. Roldan couldn't say when the Coast Guard's determination of whether wastewater can be safely moved on barges would be complete. In part, that is because the nationwide issue is complicated. For example, experts from the Environmental Protection Agency and the Transportation and Energy departments have weighed in already.

Others, including a committee established by the White House, will likely review the draft proposal.

The agency plans to publish its proposal on transporting wastewater in the Federal Register. Then, the public and the industry will have an opportunity to weigh in.

But there has been great confusion at the ports about the rules.

Officials at GreenHunter, which moves wastewater for some of the largest drilling companies in the Marcellus and Utica Shales by truck, planned to start using barges before the end of the year because they believed it was allowed, Mr. Jack said. They've been investing in five terminals in Pennsylvania and West Virginia.

"I've had the regional commanders out to our sites and nobody told us that we couldn't" move it by barge, he said. His understanding, he said, is that it's being done in Texas and Louisiana.

The Pittsburgh office of the Coast Guard declined to comment.

But Cmdr. Roldan's reaction was immediate when asked whether any company is allowed to do this.

"No, they're not allowed," he said. "You may want to tell them before we catch them."

But he said he understood the confusion because of the way the current regulations are worded. "A liberal reading [...] could lead to a misinterpretation," he said.

One question the agency couldn't answer is the expected volume of wastewater that would be shipped over the rivers.

"We've been asking ourselves this," Cmdr. Roldan said.

In Pennsylvania alone, about 23 million barrels of wastewater were generated in 2011, according to PublicSource calculations using data from the state Department of Environmental Protection's Oil & Gas Reporting website. The data are self-reported by the producers and are not vetted by the DEP.

While about 99 percent of the waste from shale drilling is just water, the remaining 1 percent is salt, chemicals and radioactive particles.

A spokesman for the Marcellus Shale Coalition declined to answer questions about moving waste on barges and instead emphasized the industry's commitment to recycling wastewater.

Today, new technology has increased the capacity for on-site recycling, but that is costly. Transporting the waste off-site to disposal or treatment locations is still needed by the industry.

Less wear and tear on roads

Shale gas companies have good reason to eye the waterways.

Transporting wastewater by barges has environmental, safety and economic benefits, Mr. Jack, of GreenHunter, said. For example, a major drilling company would save 58,000 trucking hours by using barges.

And trucks have about 2,000 accidents for every barge accident, he said, citing data from the DOT and Coast Guard.

James McCarville, executive director of the Port of Pittsburgh Commission, an agency that advocates for waterway transport, said using barges is a good idea.

"The more that it can be moved on waterways, the less wear and tear of roads," he said, adding that barges also produce less air pollution than trucks.

And they're a fraction of the cost. Barges cost only about 10 percent of the cost to move the waste by truck, said Jim Kruse, director of the Center for Ports and Waterways Institute at Texas A&M University. They are 20 to 30 percent cheaper than trains, he said.

The change would not eliminate trucks because they'd still be needed to get the wastewater from the drill rigs to the barges.

Three gas drilling companies have already approached Pittsburgh-based Campbell Transportation Co. about moving their wastewater by barge, said Peter Stephaich, one of Campbell's shareholders.

"We are regulated by just about everybody," he said, listing federal and state agencies that oversee barge companies. Mr. Stephaich said he's confident that wastewater will be moved responsibly.

"If we move it, we'll move it within the rules," he said. "If the costs are too high, we won't do it."

Operators like Campbell may have to purchase new equipment, retrofit their infrastructure and train their crews.

Benjamin Stout, a biology professor at Wheeling Jesuit University, about 60 miles southwest of Pittsburgh, is one expert who didn't know about the Coast Guard's review.

"Oh, crap," he said. "A lot of things could go wrong."

For example, wastewater contains bromides. Bromides transform into carcinogens when they are pumped through water treatment facilities, Mr. Stout said.

If there was a barge accident, the treatment facilities would have to shut their intake valves of river water, he said. Cities such as Pittsburgh and Wheeling use water from the Ohio River for drinking.

Mr. Stout is a board member of FracTracker, a nonprofit that disseminates data about the shale gas industry. Both FracTracker and PublicSource are funded, in part, by the Heinz Endowments.

Despite his alarm, Mr. Stout said he is glad that the Coast Guard is studying the issue because it's one more determination about an industry that currently doesn't offer a lot of transparency.

Asked whether the Coast Guard is being lobbied by the industry, Cmdr. Roldan said: "We're not really feeling pressure. We could deny it."

Emily DeMarco: edemarco@publicsource.org or 412-315-0262. The Post-Gazette is a news partner of PublicSource, a nonprofit investigative news group in Western Pennsylvania.

First Published December 16, 2012 12:00 am

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Public Notice of Availability of Final NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)

 http://www.pabulletin.com/secure/data/vol42/42-48/2326.html

Public Notice of Availability of Final NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)

[42 Pa.B. 7347]
[Saturday, December 1, 2012]

 The Department of Environmental Protection (Department) by this notice is publishing as final the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02, 2012 amendment) for renewal for 5 years. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251—1387) and The Clean Streams Law (35 P. S. §§ 691.1—691.1001). The current PAG-02 permit is scheduled to expire at 12 a.m. on December 7, 2012. This permit becomes available at 12:01 a.m. on December 8, 2012. In accordance with 25 Pa. Code § 92a.84(c)(3) (relating to public notice of general permits), a notice will be published in the Pennsylvania Bulletin of every approval of coverage only.

 This General Permit, as finalized, has been modified in the following significant ways:

 • Changing from 2-year term to 5-year term.

 • Updated fees.

 • Updated stabilization requirements to mirror the revised 25 Pa. Code Chapter 102 (relating to erosion and sediment control) regulations.

 • Revised condition for projects that drain to waters with Total Maximum Daily Loads or that are impaired.

 • Added condition for projects discharging to permitted Municipal Separate Storm Sewer System (MS4) or Combined Sewer Overflow (CSO) if there is a net change in the post construction stormwater rate, volume or quality, must obtain permission from the permitted MS4 or CSO.

 • Added conditions related insufficient funds tendered for permit fees.

 • Updated long-term post construction stormwater management conditions to mirror the revised 25 Pa. Code Chapter 102 regulations.

 • Modified condition regarding when the Department must be notified for noncompliance monitoring.

 • Added conditions per 25 Pa. Code § 102.8(n) (relating to PCSM requirements) regarding when site restoration plans can be used in lieu of post construction stormwater management plans.

 • Added condition to address use of voluntary riparian forest buffers to achieve the antidegradation presumption and for trading, offsetting purposes.

 • Added condition related to permitted MS4 reliance on the construction stormwater program as a ''Qualifying Local Program'' to meet some of their permit obligations.

 • Added conditions related to public notice and stormwater offsetting.

 • Deeding restrictions for Federal facilities must be done upon the transfer of the property but not with the notice of termination.

 • Deeding restrictions/covenants must be recorded before the sale of property to owners.

 • Included effluent monitoring conditions and limitations for turbidity to maintain compliance with 40 CFR Part 450 (relating to construction and development point source category).

 • Modified preconstruction meetings from voluntary to mandatory unless the applicant is informed by the Department or delegated conservation district that it is not necessary.

 The Department solicited public comment on the proposed revisions to PAG-02 from August 18, 2012, through October 2, 2012. Sixty comments were received from five commentators. The final PAG-02, 2012 amendment permit is available by contacting the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, P. O. Box 8460, 3rd Floor, Harrisburg, PA 17105-8460, (717) 787-3411. The final PAG-02, 2012 amendment permit is also available on the Department's web site. To access the General Permit and related documents, visit www. elibrary.dep.state.pa.us and select ''Permit and Authorization Packages,'' ''Water Management,'' ''NPDES (National Pollutant Discharge Elimination System),'' ''Stormwater Construction Activities'' and ''PAG-02.''

 Questions about the final PAG-02 should be directed to Jennifer Orr, Chief, NPDES Construction Program at (717) 772-5961 or jeorr@pa.gov.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 12-2326. Filed for public inspection November 30, 2012, 9:00 a.m.]