Hayley Book, Director of DEP’s Policy Office, told DEP’s Citizens Advisory Council Tuesday the agency was not likely to finalize proposed changes to Chapter 78 drilling regulations until sometime in 2015.

Book said DEP received comments from over 25,000 commenters, mostly form letters from pro-environment and pro-industry individuals, that they plan to organize and review with the agency’s Oil and Gas Technical Advisory Board this summer.

Book also said DEP is considering doing an Advanced Notice Of Final Rulemaking when they are in position to finalize the regulation to allow one more opportunity for public comments before any final action by the Environmental Quality Board.

On another Marcellus Shale issue, Book said press reports about Chevron blocking access to the Greene County well fire site in February incorrectly said DEP did not get access to the site.  Book said DEP inspectors had access, but not unrestricted access. 

She noted a notice of violation sent to Chevron March 18 about the well fire had as one if its counts, “failure to provide access to a permitted oil and gas facility to properly identified Department personnel and agents, a violation of 58 Pa. C.S. Section 325(a), (b) and the express conditions of the well permits which all entry without notice or a search warrant.”

Book also touched on these issues--

-- Community Environmental Projects: The final policy guiding decisions on DEP accepting Community Environmental Project in-lieu of some penalty assessments will be published in the April 19 PA Bulletin. (The final version of the policy will be available in DEP's eLibrary by searching for policy 012-4180-001.)

-- Agency Reorganization: The Energy Office and pollution prevention programs have now been assigned to the Office of Policy; the Environmental Education Program has been moved to the Communications office.

Click Here for a copy of DEP’s written monthly report to Council.

Other Issues

The Council heard a presentation by Joel Koricich, District Mining Manager from the California Office, about the upcoming Act 54 longwall mining impact report.  Koricich said the report should be completed and available for Council review in May.  DEP’s contractor for the report is the University of Pittsburgh.

Koricich said this next Act 54 will be focused more on analyzing the structural damage and water supply issues caused by longwall mining, rather than just recounting the facts of how much damage there was.

DEP is required to prepare a report every five years on the impact of longwall mining.  This will be the agency’s fourth report.

The Council took action to form an ad hoc committee to review the report consisting of Council Chair Terry Dayton, Cynthia Carrow, John Waliser and Burt Waite.

Lee McDonnell, Director of the Bureau of Point and Non-Point Source Management, provided Council with an update on the Act 537 Sewage Planning and Permit Program.  He talked about two issues-- reconciling sewage planning and alternative systems requirements and implementing Act 41.

He said the agency is trying to update its Chapter 71, 72 and 72 sewage regulations to deal with an issue where 537 planning approvals needed for all subdivisions cannot use so-called alternative sewage treatment systems to meet the sewage requirements.  They can only use conventional systems.  McDonnell said there is general agreement the issue needs to be resolved within DEP’s Sewage Advisory Committee, but some members want to do a surgical change and others want to do a broader update since the regulations have not been changed since 1997.

Council voted to send a letter to DEP Secretary Chris Abruzzo urging him to resolve the sewage planning and alternative system issue and undertake a wider review of Act 537 reforms.

Council also--

-- Thanked members Nancy Perkins and James Clauser for the service to Council since they are leaving the group;

-- Noted there are three members serving with expired terms-- Pat Lupo (Governor’s appointment), Janet Kelm (House Speaker’s appointment) and Don Welsh (Governor’s appointment); and

-- Noted there are four vacancies on the Council: 2 appointments by the Senate President Pro Tempore, 1 appointment by the House Speaker and 1 appointment by the Governor.

Council Priorities

Council members also discussed priorities for the coming year deciding to focus their efforts on several issues, given their limited staff resources--

-- Review of the Act 54 longwall mining impact report;

-- DEP Program Performance, including reviewing the impact of budget and staffing cuts at DEP;

-- Enhancing public participation and transparency;

-- Continuing support for adoption of construction standards for private water wells; and

-- Continuing its required review of air quality and other regulations presented to Council.

Public Comments

During the public comments portion of the agenda, Council heard comments from--

-- Bonita Hoke, PA League of Women Voters, who urged Council to give renewed attention to the review of DEP’s Act 54 longwall mining impact report given the problems with structural damage and water supply issues created by mining.  She also expressed concern about the problems DEP had gaining access to the site of the Greene County well explosion.

-- Stephen Kunz, Schmid & Company, Inc., noted it has been 20 years since Act 54 was enacted into law and longwall mining has changed significantly since then.  For example, he said longwall panels have increased from 700-800 feet to 1,500 feet wide which could result in more impacts over a much wider area.  Based on these changes, he urged DEP to review some of its assumptions about how it regulates this activity.

The next meeting of Council will be Wednesday, May 21 starting at 10:00 a.m. in Room 105 of the Rachel Carson Building in Harrisburg.

For more information, visit the DEP’s Citizens Advisory Council webpage.

NewsClips:

Editorial: State Should Not Be Barred From Drill Sites

Editorial: DEP Must Have Access To Sell Sites

Another GOP Lawmaker Backs Drilling Industry Tax

Want To Be Governor?  Give Fracking Windfall To The People

Editorial: Pressure Rises For Fair Tax On Natural Gas

DEP: Wastewater Leaked From Range Drilling Impoundment

DEP Investigates Drilling Wastewater Leak In Washington County

Gas Drilling Wastewater Leak Found In Amwell

4/21/2014