During the February 27 House Appropriations Committee hearing on DEP’s budget request, Rep. Greg Vitali (D-Delaware) raised concerns about whether DEP has the staff and funding to fulfill its mission in the face of workloads that have increased dramatically in the last decade, particularly in the Oil and Gas Program.

Rep. Vitali, who serves as Majority Chair of the House Environmental & Natural Resource Protection Committee, said this--

I'm going to direct my comments to Secretary Shirley. Nothing I say today should take away from the fact I have an enormous respect for you and the 2,600 or so dedicated DEP employees, but the fact of the matter is that DEP is significantly understaffed.

They [DEP] have 337 positions less now than in 2002, and since 2002, you've had an enormous increase in responsibility, such as the advent of the shale gas industry, more federal air and water regulations, you have to implement the emergence of PFAS and so forth.

[Abandoned Conventional Wells]

With regard to the Oil and Gas Program, a December 2022 report from the DEP stated that the abandonment of wells and the failure to report drilling activity is a part of the culture of the gas industry.  [Read more here]

It's interesting to note in the materials that the DEP provided me, since 2022, up to 1,254 wells in Pennsylvania have been illegally abandoned.

I'll repeat that. 1,254 wells have been illegally abandoned in the past three years.

It's fine that we've plugged 295 wells in the past two years, but we are abandoning wells in Pennsylvania at a rate over double the rate that we are plugging them.

In materials you provided me, there are up to 56,000 orphaned and abandoned wells in Pennsylvania.

[Road Dumping Conventional Oil & Gas Wastewater]

Brine spreading. Illegally dumping brine on roadways is a continual problem. [Read more here]

DEP and the Oil and Gas Program don't have the boots on the ground to stop this illegal activity.

Right now, the Oil and Gas Program has 190 people, but in 2015, they had 228 people.

They don't need more permitters, what they need is more inspectors, they need more people to enforce.

[Editor’s Note: The complement for the Oil and Gas Program was frozen at 190 in December 2016.  Since then, by any measure, the workload expanded dramatically--

[The number of shale gas wells permitted grew from 18,060 to 24,045 (33.1%)

[The number of shale gas wells drilled grew from 10,228 to 14,683 (43.5%)

[The number of shale gas wells paying the Act 13 fee grew from 8,202 to 12,050 (46.9%)

[This doesn't count compressor stations, gas, wastewater and water pipelines, water intakes, natural gas processing plants and lots of other infrastructure.  All of it-- needs to be inspected, repeatedly, and that workload is only going up.]

[Water Quality Program]

The Water Program. One-third of Pennsylvania streams, according to DEP, a full one-third, 28,000 miles of Pennsylvania streams are impaired, and according to data DEP gave me, your Water Program only has the staff to inspect PA streams once every 30 years.

Once every 30 years.

Federal government requirements require this to be done every 10 years, but you don't have the staffing to do it more than once every 30 years.

In 2007, the Water Program had 778 filled positions. Last September, you were down to 650 positions.

[Air Quality Program]

Your Air Program, you have 89 positions less than in 2005. The number of state air monitors was 231 air monitors in 2014, now it's down to 172.

So, it went from 231 to 172 air monitors due in part to lack of staff.

The Air Program has had negligible inspections of methane from conventional wells.  [Read more here]

[Hazardous Sites Cleanup Program]

The HSCA program is down 20 positions since 2013. They need more staff to investigate contaminants with regard to PFAS.

Concerning in the information your office gave me is there are 50 fixed fire training facilities, 50 fixed fire training facilities where PFAS is suspected, but investigation has not yet begun.

We don't need more staffing for permitting, we need inspection and enforcement.

This is not the Department of Business Development, it's the Department of Environmental Protection.

We don't need to deliver permits at the speed of business, we need to deliver permits at the speed necessary to protect the environment.

So, my questions are for you.

Rep. Jordan Harris (D-Philadelphia), Appropriations Chair-- “Mr. Chairman, respectfully, your five minutes has expired. Can we get the question on the record and I'll have them respond in writing?”

Rep. Vitali-- “Fine.

“What are we going to do to stop the abandonment of oil and gas wells? Question one.

“What are we going to do to increase the frequency of stream inspections? Two.

“Three, what are we going to do to increase the number of air monitors?

“And four, what are we going to do with regard to these 50 fixed fire training facilities where PFAS is suspected, but we don't have the resources to investigate them?

“Thank you.

Rep. Harris-- “I thank the gentlemen. Secretaries, if you could please within a two-week time period respond to all four questions to both chairmen so we can pass it on to Chairman Vitali. Thank you.”

Click Here to watch the video of Rep. Vitali’s statement (at the 2:02:10 mark).

Resource Links:

-- Senate DEP Budget Hearing Focuses On Permit Reviews; Governor’s Lightning Energy Plan; Bringing On More Baseload Power Generation; Firing ‘Intractable’ DEP Employees  [PaEN]

-- DEP House Budget Hearing: Democrat Rep. Vitali Raises Concerns About Whether DEP Has The Resources To Fulfill Its Mission When Workloads Have Increased Dramatically  [PaEN]

-- House DEP Budget Hearing: Republican Rep. Kail Says It Is ‘Outrageous’ DEP Has A Process Where Citizens Can Petition Their Government For Changes In Regulations  [PaEN]

-- DEP Budget Testimony: DEP Moving At The Speed Of Business; Lightning Energy Plan; Most Inspections; Commitment To Environmental Justice  [PaEN]

-- What The Shale Gas Industry Is Leaving Behind:  DEP Issues Violations To 2 More Shale Gas Companies For Abandoning, Not Plugging 6 Shale Gas Wells In Butler, Greene Counties  [PaEN]

-- Gov. Shapiro’s Budget Includes Energy Plan; Funding To Make-up Deficit In Oil & Gas Program; New State Park, Trail Initiative; Over $6.2 Billion In Federal Funding At Risk For DEP, DCNR, PennVEST  [PaEN]

-- Gov. Shapiro Announced  Federal Funds Identified In State Lawsuit Are No Longer Frozen - Mine Reclamation, Conventional Well Plugging, Water Infrastructure  [PaEN] 

-- Chesapeake Bay Foundation: President's Proposed 65% Cut In EPA Budget, Coming Mass Layoffs Spell Disaster For Chesapeake Bay [PaEN]

[Posted: February 27, 2025]

3/3/2025