Jeff Logan, DEP Deputy Secretary for Administration and Management, told the DEP Citizens Advisory Council on Tuesday, the level funding in next year’s proposed budget is really a cut of about $10.9 million because of mandated increases in personnel costs the agency must make up internally.

But Logan said inspite of the proposed cut of 40 positions in next year’s DEP budget, there is no hiring freeze at the agency so they are filling available positions.  DEP now has a complement of 2,587 filled positions with 183 vacancies for a total of 2,770.

Logan also reported the recent sequestration of federal funds has resulted in about a 5 percent cut in federal grants supporting DEP air, water and other programs.  He said the agency believes it can cope with these cuts by rescheduling projects and making other adjustments.

The Council took action on a number of issues--

-- Annual Report: The Council adopted its 2012 Annual Report to the department and the General Assembly.  A copy will be posted on the CAC webpage.

-- League Of Women Voters: The Council approved a letter to the PA League of Women Voters on issues the group raised on transparency and public participation in response to comments they presented to Council.

The Council also heard presentations on these topics--

-- Chapter 78 Oil & Gas Regulation Changes: Scott Perry, Deputy Secretary for Oil and Gas Management, provided an overview of the regulatory changes DEP is proposing in response to the Act 13 drilling law as well as a status report on the current program.  Click Here for a copy of his presentation.

Among other comments, Perry noted the amount of drilling wastewater reused by the industry doubled from 31 percent to 69.8 percent from 2008 to 2012.  71 percent is reclaimed for reuse within Pennsylvania and 29 percent is sent out-of-state.

He said the proposed regulation changes are undergoing review by the Oil and Gas Technical Advisory Board and their next meeting is April 23.

-- New Air General Permit For Natural Gas Facilities: Vince Brisini, Deputy Secretary for Waste, Air, Radiation and Remediation provided a presentation on proposed new air pollution control requirements for natural gas facilities in General Permit GP-5 and Exemption 38.  Click Here for a copy of his presentation.

-- Siting Onlot Septic Systems In HQ/EV Watersheds: Lee McDonnell, Director of the Bureau of Point and Non-Point Source Management, provided the Council with an overview of new procedures DEP is developing for reviewing sewage modules in High Quality and Exceptional Value watersheds.  Click Here for a copy of his presentation.

McDonnell noted the new procedures were prompted by two Environmental Hearing Board decisions-- Pine Creek Watershed Association v. DEP-- directing DEP to consider the impacts of onlot septic systems on HQ and EV streams during its review process.

McDonnell said the proposed review process gives onlot sewage module applicants options they can mix and match to achieve the right water quality protection factors.  Those options include: one acre or more lot size, setback distances from streams or wetlands, riparian buffers and in-ground barriers between the systems and streams.

He noted the proposed process is undergoing public review and the department is open to considering ways to improve the process.  The proposed process will be on the agenda for the March 27 Sewage Advisory Committee meeting.

-- Department Report: Holly Cairns, Acting Director of DEP’s Office of Environmental Advocate, reported agency staff have a draft outline for a proposed webinar on public participation and the permit review process they would like to share with Council.  The draft policy DEP presented to Council last month and the Council’s comments are still undergoing review within DEP.

She also reported the draft public participation policy covering environmental justice communities is also still in review.

A copy of DEP’s monthly report to Council on significant activities is available online.

-- CAC Legislative Committee: Cynthia Carrow, Chair of the Committee, reported they recommend the Council become more active in meeting with and informing legislators on Council activities and concerns as well as monitor legislation pending in the General Assembly.

-- CAC Public Participation Committee: David Hess, Chair of the Committee, reported they provided comments to DEP on the very draft public participation policy covering permit reviews in time to meet the agency’s March 5 deadline.  The Committee also agreed to review the outline of DEP’s proposed public participation webinar.

-- CAC Strategic Issues Committee: The Committee agreed to develop a prioritized list of strategic issues the Council will take on in the coming months, among those suggested are an update on the Act 13 drilling fee revenues and distribution and the Auditor General’s Marcellus Shale waste and water quality audit.

 During the public comments section of the meeting, Melissa Hunsberger, PA League of Women Voters expressed a need for consistent standards for water quality testing and an examination of the risks from radiation in the Marcellus Shale drilling process.  She also said the League is concerned with budget cuts to the agency and supported tighter standards for air emissions from natural gas processing and compressor facilities.

Jeff Schmidt, Sierra Club, presented a copy of a press release issued by several environmental groups saying DEP has not yet answered all the questions they posed on testing protocols and sharing test results in the Oil and Gas Program.

The next meeting of the Citizens Advisory Council is April 16.  For more information, visit the Citizens Advisory Council webpage.

3/25/2013