The Pittsburgh Post-Gazette reported Tuesday representatives of conventional oil and gas drillers on DEP’s Conventional Oil and Gas Advisory Committee wrote to DEP’s Deputy Secretary for Oil and Gas Management in July saying they would not support the Chapter 78 update of drilling regulations citing only comments made by other conventional drillers.

The July 7 letter repeated industry claims DEP did not comply with rulemaking standards in providing an extra comment period  and hearings on the draft final regulations known as an advanced notice of final rulemaking.

The conventional drillers also said DEP did not comply with a 2014 state law-- Act 126-- requiring the agency to separate out regulations related to the conventional and unconventional oil and gas drilling industry.

“For all of these reasons, the voting members of COGAC will not be able to support the Department’s submission of the regulatory package to the [Environmental Quality Board] for adoption as a final rule, regardless of revisions that DEP may or may not make before that submission (emphasis added).”

In a statement, DEP Secretary John Quigley touted the “unprecedented public process” that went into developing the proposed rules, including the participation of “tens of thousands of Pennsylvanians” in public comment periods and hearings.

“COGAC’s opposition will not hinder the progress of the final rule, and I hope when they meet in August that they are prepared to engage with us as we finalize the rule,” Mr. Quigley said.

DEP continues to document through hundreds of photographs and in its most recent Oil and Gas Annual Report how conventional oil and gas drillers have at least 3 times the violations of unconventional (Marcellus Shale) drillers over the years.

The fact is DEP did separate its drilling regulations into those affecting conventional drillers-- Chapter 78-- and those covering unconventional drillers-- Chapter 78A-- as required by the requirements of Act 126, plus held three public hearings.

It is ironic that conventional drillers are so concerned about the regulatory process, when this provision requiring the separation of the regulations was slipped into the Fiscal Code bill in 2014 without public review or notice based on legislation that neither the House nor the Senate ever voted on.

The conventional drilling industry has maintained since the original Oil and Gas Act was passed in 1984 that its actions have a benign impact on the environment.  In fact in legislation sponsored last year-- Senate Bill 1378 (Scarnati-R-Jefferson) and House Bill 2350 (Causer-R-Cameron)-- they said so.

This myth is exactly that, a myth.  The facts are--

1. Conventional wells cause water loss and contamination just like unconventional wells;

2. Conventional wells have more violations than unconventional wells;

3. Both kinds of wells use fracking;

4. Conventional wells are drilled through the same sensitive aquifers;

5. Conventional wells create a bigger footprint on the land; and

6. Smaller companies with fewer resources to deal with problems drill conventional wells.

The next scheduled meeting of DEP’s Conventional Oil and Gas Advisory Committee is August 27 starting at 10:00 in Room 105 of the Rachel Carson Building in Harrisburg.

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8/10/2015