Pollution UpDate
 12 December 2002

Mark Hersh, Exec. Dir.

"The nation behaves well if it treats the natural resources as assets which it must turn over to the next generation increased and not impaired in value."    Teddy Roosevelt Raymond Proffitt Foundation
P.O. Box - 723 

Langhorne, Pa. 19047-0723
 gateway@rayproffitt.org 
http://www.rayproffitt.org

Pick Up The Shovel But Keep The Bullhorn.

With the end of the Ridge/Schweiker administration approaching, it’s no surprise that folks both inside and outside state government are assessing the accomplishments as well as the missed opportunities of the last eight years. As far as the environment goes, one thing still gets attention: "Growing Greener" and associated efforts. In an October 7 letter to the Philadelphia Inquirer DEP Secretary David Hess lists a number of DEP accomplishments but then says that

the real measure of success has been the tens of thousands of people we empowered to be better stewards of their watersheds and communities through programs such as Growing Greener and building partnerships.

Hess was in State College last week at a "biodiversity forum" and the press release covering his appearance is entitled "Schweiker Administration Touts Growing Greener's Effect on Biodiversity at Goddard Forum in Centre County." Wow! Let’s see what he had to say:

Pennsylvania alone has lost over 156 native plant and animal species since the arrival of European settlers, and today there are nearly 800 species in the Commonwealth that are endangered, threatened or of special concern. We must protect biodiversity because our very existence depends on it...

It is important for citizens of Pennsylvania to understand we are all part of the web of life, and there is strength in diversity in our natural and social environment. It is the actions we take now, like the state's Growing Greener program, that will inspire constructive policies that establish strong environmental stewardship...

Apparently Growing Greener hasn’t inspired DEP to do much stewardship or much else to protect Centre County’s biodiversity--besides make speeches. On the same day, Friday December 6, the DEP Northcentral Regional Office issued a "Chapter 105" permit for a nine-mile highway segment along a forested mountain side near State College instead of having the new highway stay in the valley bottom that is already partially developed. We have commented on this ill-conceived highway alignment before [links to PU’s: 02/28/97, 03/07/97, 12/12/97, 01/25/98, 08/05/02]. Despite the development nipping at its fringes, Bald Eagle Ridge is still an important corridor for wildlife and considered an "Important Bird Area" by the Audubon Society because of its use by migrating birds and because interior forest birds are some of the most imperiled species in Pennsylvania. Here is a relatively intact area important for biodiversity but DEP, in "an action we take now," failed to conserve biodiversity by issuing a permit to cut a huge gash through this large undeveloped area. The timing and venues of the permit and Hess’s speech coincide practically down to the foot and the minute. Irony seldom gets better than this.

This is not the only part of DEP where their actions fail to come close to their rhetoric. A big part of Growing Greener is the "watershed approach." How about we go to DEP for some words of wisdom on that topic?. Here’s what then-Deputy Secretary for Water Management Larry Tropea said about the "Pennsylvania Watershed Approach" in October 2000 and it’s still up on the web site:

http://www.dep.state.pa.us/dep/DEPUTATE/Watermgt/General/WaterShdConfKey.htm 

The Pennsylvania Watershed Approach is real and working [and] has its foundation in our belief and confidence in local citizens. It makes us follow nature's basic planning unit versus our arbitrary political boundaries. It calls for a holistic or ecosystem view of the watershed not encumbered by the myopic views of air, water or waste programs...

...The next generation will witness an increasing shift in power from the government bureaucrats to the citizens. We will increasingly see local citizens take ownership of their watersheds, and they will be the planners, the stewards, and the conscience for their fellow citizens and neighbors. Government will evolve to play more of a facilitation role in which they educate, train and nurture local watershed groups …… and step in to take enforcement action where appropriate...

...while we will always have a few who "just do not get it," I predict we will see increasing numbers of bullhorns at garage sales as citizens discard them for shovels to lead real environmental progress.

This is from the same DEP that refused two weeks ago to place language in the new "water resources management bill" that would ensure that the Clean Streams Law would not be affected by the new bill [link to PU: 11/19/02] . No one except conservation representatives spoke up for water quality considerations. And the no one includes David Hess. Once the bill was introduced, a ruckus was raised and some ambiguous language was put in the bill, and shortly afterwards it passed. Hess then said that it was a victory for all those who "really cared" about water resources and those who opposed it were just trying to make political points. In our past PU on the water bill we pointed out that Hess was saying one thing in public (saying water quality and quantity are linked) while exhibiting contradictory behavior in negotiations.

Some citizens that really care are from Greene and Washington counties. They are the ones that had to use bullhorns to get DEP to recognize the streams that have been damaged by underground coal mining. But it then appeared that DEP’s Mining Program was coming around. In the fall of 2001, Secretary Hess was down to visit a dried-up stream and DEP then fined the company. Their supplemental report to Act 54 named a number of streams damaged by mining [link to Act 54 report: [ http://www.dep.state.pa.us/dep/deputate/minres/bmr/act54/index.html ]. Best of all they announced a new "policy" that would better protect surface waters [links to PU’s: 04/04/02, 05/28/02, 08/30/02, 11/23/02].

But again the actions fall short of the rhetoric. The new "policy" looks like another DEP attempt to put a fresh coat of paint on rotting wood. DEP made some small steps, but still refuses to rescind the coal companies’ special treatment. The "technical guidance document" is full of loopholes (e.g., only "important" springs will be protected) and DEP intends on "grandfathering" in the mining that has already been approved using the weaker regulations. That means mining—and associated damage--can occur in some areas for another five years before the water laws are applied.

And the streams that have been already damaged? Citizens and watershed groups sent the DEP mining program a polite letter pointing out the damaged streams (those identified by DEP) [link to restoration letter]. When could we expect some restoration?, they asked. We would like to be involved and get more than just the mining problems addressed, they said. That’s the one of the basic tenets of the "watershed approach:" deal with all the problems, not just some. Here’s some folks willing to put down the bullhorns and pick up the shovels.

Well, this letter went out at the end of May. The groups still have not received a reply. In the meantime, coal companies are submitting applications for "restoration" of a few streams damaged by mining. No watershed approach. Same old unproven "restoration" methods in these watersheds. Looks like the folks need to keep their bullhorns and go to their friendly DEP mining office in order to get some answers. Maybe take shovels (or pitchforks) as well, as they will probably be given a load of manure.

Who "really cares" about water resources? Who are those who "just do not get it?" Looks like the Seif/Hess legacy on just about any environmental buzzword or phrase--"watershed approach," "biodiversity," whatever, is that it is good for just about everyone to follow–except DEP.

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