On June 8, Republicans on the Senate Environmental Resources and Energy Committee, at the request of the natural gas industry, reported out Senate Bill 692 (Bartolotta-R-Washington) which makes fundamental changes in the erosion and sedimentation permitting requirements for conventional and unconventional oil and gas activities, including well pads, pipelines, processing and treatment facilities.

E&S Permitting

Sen. Camera Bartolotta (R-Washington) mischaracterizes Senate Bill 692 by saying “this will not change the DEP’s current E&S control permit requirements; it will simply take their current policy and put it in statute.”

In fact, it makes these fundamental changes--

-- Threshold For Requiring A Permit: Existing regulations require a permit for activities that involve earth disturbance of five acres or more over the life of the entire project.  The legislation says a permit will only be required for earth disturbance of five acres or more at one time.

-- Delays By Consultants/Engineers Not Counted: The bill requires DEP to make a decision on a permit in 43 business days, regardless of how long it takes a consultant or engineer who prepared the application to get back to DEP to correct deficiencies.

Consultant delays in responding is a common problem.  A House Environmental Resources and Energy Committee hearing uncovered the fact that half the erosion and sedimentation permit applications submitted by consultants and engineers are incomplete and they take six weeks or more to respond to deficiencies outlined in permit reviews.  Read more here.

-- Expedited Review Based Only On A Signature: The bill requires DEP to enter a permit in the expedited review process based only on the signature of a licensed professional’s seal that everything in the application is OK.

In-point-of-fact, DEP found 83 percent of applications in the expedited permit review process are deficient and not legally defensible.

The bill includes in the definition of “licensed professional” landscape architects and land surveyors. 

So under this bill, DEP is required to rely on garden designers and the person who lays out subdivision lots to verify the contents of an erosion and sedimentation control permit application for any oil and gas drilling, pipeline and distribution facility in the expedited permit review process.

-- No Protection For Sensitive Areas/Consideration Of Compliance History In Expedited Permit Process: The bill would eliminate evaluation of impacts of projects in floodplains, water quality impaired watersheds, areas with high potential for landslides and the applicant’s compliance history in the expedited permit review process.

These have been critical elements in the review of natural gas pipeline projects, in particular actions taken related to the Revolution Pipeline that exploded in Beaver County and the Mariner East Pipeline.  Read more here.

In fact, Pennsylvania’s experience with permitting pipelines shows the state laws on the books now are not adequate to prevent environmental damage or protect public safety.   Read more here.

Senate Bill 692 would take away some of the protection the state does have.

-- 40% Of Oil & Gas Permits Not Used: The legislation does not address the significant problem of unconventional shale gas companies not using 40 percent of the permits they are issued by DEP that wastes staff time and resources at the agency for no purpose.  Read more here.

Republicans voted to report the bill out of Committee, Democrats voted against, except for Sen. Boscola (D-Lehigh).

Other Bills

The Committee also took action on these bills--

-- Senate Bill 1255 (Pittman-R-Indiana) would change Pennsylvania’s Deep Mine Safety Program to replace the oil and filter on all diesel-powered equipment used in underground coal mining every 100 hours at the request of the mine operator.  Reported out with bipartisan vote.

-- Senate Resolution 285 (Gordner-R-Columbia) would direct the Joint State Government Commission to conduct an assessment and analysis of public and private recycling infrastructure and operations across the state (sponsor summary). [Note: PA Resources Council, partners announced a plan last week to modernize recycling in Pennsylvania. Read more here.]  Reported out with bipartisan vote.

-- House Bill 2075 (Knowles-R-Schuylkill) would suspend DEP’s regulations setting heavy-duty diesel emissions standards based on California standards. A companion bill-- Senate Bill 1030 (Yaw-R-Lycoming) was passed by the Senate in April. Republicans voted to report the bill out of Committee, Democrats voted against.   [Note: DEP already did this in November 2021 allowing federal standards to remain in place. Read more here.]

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov.   Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

(Photo: Pittsburgh Post-Gazette.)

NewsClips:

-- PA Environmental Council Shares Concerns With Senate Bill 692

-- Scranton Times: Natural Gas Development Boom Reboot Predicted In PA

Related Articles This Week:

-- AG Shapiro Charges Energy Corporation Of America/Greylock, 2 Employees With Environmental Crimes Involving Leaks At Oil & Gas Well Sites In Clearfield, Greene Counties

-- House Republicans Side With Conventional Oil & Gas Drillers, Against Taxpayers, To Continue Pre-1985 Exemption From Well Bonding, Prevent Any Increase In Plugging Bond Amounts

-- At The Request Of Natural Gas Industry, Senate Republicans Reported Out Bill To Prohibit Communities From Moving To Clean, Cheaper Energy Sources To Address Climate Change

-- Hearing Board Denies Sen. Muth Standing As Legislator To Appeal DEP Permit For Eureka Resources Oil & Gas Wastewater Treatment Plant In Susquehanna County; Individual Standing Still Pending

-- Senate Hearing: Body Of Evidence Is 'Large, Growing,’ ‘Consistent’ And 'Compelling' That Shale Gas Development Is Having A Negative Impact On Public Health; PA Must Act  [PaEN]

-- DEP Releases Final Guidance On Handling Radioactive Waste From Unconventional Shale Gas Drilling Operations

-- On-Site Conventional Oil & Gas Drilling Waste Disposal Plans Making Hundreds Of Drilling Sites Waste Dumps

-- Senate Hearing: Body Of Evidence Is 'Large, Growing,’ ‘Consistent’ And 'Compelling' That Shale Gas Development Is Having A Negative Impact On Public Health; PA Must Act

-- Independent Fiscal Office: Cost Of Gasoline, Energy Utility Bills Up 33% From Last Year [Driven By Spike In Oil, Natural Gas Prices On Foreign Energy Markets]

[Posted: June 8, 2022]

6/13/2022