Download - Pa Environment Digest Sept. 2, 2013
-
7/30/2019 Pa Environment Digest Sept. 2, 2013
1/35
PA Environment DigestAn Update On Environmental Issues In PAEdited By: David E. Hess, Crisci Associates
Winner 2009 PAEE Business Partner Of The Year Award
Harrisburg, Pa September 2, 2013
EQB Approves Proposed Update Of Drilling Regulations For Public Comment
The Department of Environmental Protection Tuesday announced the Environmental Quality Board
voted 16 to 2 to approve proposed regulation changes to strengthen environmental protection
performance standards associated with oil and gas drilling activities. The changes were required by Act
13 drilling law passed in 2012.The proposed changes were approved over the objections of the industry-dominated Oil and
Gas Technical Advisory Board which said the regulations were not yet ready for public review.
The two negative votes at the EQB were from Burt Waite, who sits on the Oil and Gas
Advisory Board, and William Fink, an environmental manager with a Bedford County farming
operation. Both sit on the EQB as representatives of the DEP Citizens Advisory Council.
This proposed rulemaking reflects significant input from statewide environmental organizations,
local government groups, residents living near well sites and industry representatives who have met with
DEP over the last two years to share their expertise in shaping this proposal.
The department has recommended increasing the public comment period for the proposal from
the normal 30-day timeframe and holding one public hearing, to a 60-day comment period with at leastsix public hearings across the state to gather as much public input as possible.
Through Gov. Corbetts leadership, Pennsylvania is proving that economic opportunity does
not have to occur at the expense of environmental stewardship, Acting DEP Secretary Chris Abruzzo
said. We are working hard to ensure that natural gas development is done according to the high and
consistent standards Pennsylvanians expect.
This proposed regulation furthers the departments implementation of the tasks it was assigned
by the General Assembly under Act 13 of 2012. Corbett signed Act 13 on February 14, 2012, and the
law represents the first comprehensive update and strengthening of the states oil and gas laws in nearly
30 years.
The draft regulation includes provisions further enhancing the consideration of impacts to publicresources, such as parks and wildlife areas the prevention of spills the management of waste and the
restoration of well sites after drilling.
Additionally, the draft rulemaking also includes standards affecting the construction of gathering
lines and temporary pipelines, and includes provisions for identifying and monitoring abandoned wells
close to well sites.
This proposed regulation includes comprehensive amendments that are designed to reduce
potential environmental impacts from oil and gas activities, Abruzzo said. I personally want to thank
http://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fdefault.asp%3FNewsletterArticleID%3D26088&sa=D&sntz=1&usg=AFQjCNHGLeqSzvb2vW4_b2LmZGdIkxEWgQhttp://www.google.com/url?q=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%2Fcommunity%2Fpublic_resources%2F20303%2Fsurface_regulations%2F1587188&sa=D&sntz=1&usg=AFQjCNGfyIpbOtfdSOAF-lp0rCmS98x8SAhttp://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fdefault.asp%3FNewsletterArticleID%3D26088&sa=D&sntz=1&usg=AFQjCNHGLeqSzvb2vW4_b2LmZGdIkxEWgQhttp://www.google.com/url?q=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%2Fcommunity%2Fpublic_resources%2F20303%2Fsurface_regulations%2F1587188&sa=D&sntz=1&usg=AFQjCNGfyIpbOtfdSOAF-lp0rCmS98x8SAhttp://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fdefault.asp%3FNewsletterArticleID%3D11953&sa=D&sntz=1&usg=AFQjCNFSPEUcwhnqVJLvxVyzABsEHAreLQ -
7/30/2019 Pa Environment Digest Sept. 2, 2013
2/35
the EQB for their support in moving this historical package forward.
The draft regulation will be reviewed by the Attorney Generals Office and the Office of General
Counsel. After the offices review, there will be a 60 day comment period and six public hearings will be
scheduled to hear public comments on the proposed changes.
Details on where comments can be submitted on the draft rulemaking will be provided when the
proposal is published in the Pennsylvania Bulletin and on DEPs website. The dates and locations of thesix public hearings will be announced by the EQB in the near future on the website and through a news
release issued by the department.
For more information, visit DEPs special Oil and Gas Regulations webpage.
NewsClips:
DEP Moves Drilling Rules Closer To Reality
EQB OKs Draft Drilling Regulations For Comment
PEC Expresses Opposition To Bills Changing Endangered Species Protection
The PA Environmental CouncilMonday expressed its opposition to House Bill 1576
(Pyle-R-Armstrong) which would fundamentally change the review and designation of threatened and
endangered species in Pennsylvania.
PEC also said the bill would immediately drop hundreds of species from environmental permit
reviews, regardless of the significant amount of data supporting their consideration.
PECs opposition is in addition to letters of opposition submitted by the Game Commission,
Fish and Boat Commission and the PA Council of Trout Unlimited. (Click Here for more information
of their opposition.)
The text of PECs letter to Committee members follows--
On behalf of the membership of the Pennsylvania Environmental Council (PEC), I am writing toexpress our opposition to House Bill 1576. This proposed legislation will be the subject of a joint
Committee hearing on August 26th.
House Bill 1576 would, if enacted, fundamentally change the review and designation of
threatened and endangered species in Pennsylvania, and would work counter to the many challenges it
purports to address.
Review by the Independent Regulatory Review Commission (IRRC) would be less
meaningful than an already established, scientific and public process. Both Commissions utilize
independent and peer-reviewed data in considering the listing of species, provided through uniform
criteria established by the Pennsylvania Biological Survey. The IRRC does not have scientific expertise
or standards to evaluate species listing proposals.
Both Commissions are already required, in listing or de-listing species as threatened or
endangered, to do so in accordance with the Commonwealth Documents Law which requires
publication in the Pennsylvania Bulletin and opportunity for public review and comment including
submission of additional data. Both Commissions also follow the Sunshine Act and the Commonwealth
Attorneys Act in this process.
House Bill 1576 proposes review criteria divorced from meaningful and Pennsylvania-specific
scientific analysis. For example, in establishing parameters for evaluating the range of a potential
http://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fdefault.asp%3FNewsletterArticleID%3D26296&sa=D&sntz=1&usg=AFQjCNGKqqr-fILqUA-zzAvxg6B7Lda3fghttp://www.google.com/url?q=http%3A%2F%2Fwww.legis.state.pa.us%2Fcfdocs%2Fbillinfo%2Fbillinfo.cfm%3Fsyear%3D2013%26sind%3D0%26body%3DH%26type%3DB%26BN%3D1576&sa=D&sntz=1&usg=AFQjCNEyTP97hB-GuJBVv4dcI9ST1IkZ6ghttp://goo.gl/OacAmkhttp://www.google.com/url?q=http%3A%2F%2Fwww.pecpa.org&sa=D&sntz=1&usg=AFQjCNEM8BUWa5gnVDqY89QNay-YF-Anfwhttp://www.google.com/url?q=http%3A%2F%2Fstateimpact.npr.org%2Fpennsylvania%2F2013%2F08%2F27%2Fenvironmental-quality-board-approves-new-drilling-regulations%2F&sa=D&sntz=1&usg=AFQjCNE9tpbuoeIe-5bpcDWmsScnKCyDJghttp://www.google.com/url?q=http%3A%2F%2Ftriblive.com%2Fbusiness%2Fheadlines%2F4602070-74%2Fstate-environmental-regulations&sa=D&sntz=1&usg=AFQjCNHJMmyRGX-IW5HRQv6YxF6loQ7mAghttp://www.google.com/url?q=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%2Fcommunity%2Fpublic_resources%2F20303%2Fsurface_regulations%2F1587188&sa=D&sntz=1&usg=AFQjCNGfyIpbOtfdSOAF-lp0rCmS98x8SA -
7/30/2019 Pa Environment Digest Sept. 2, 2013
3/35
threatened or endangered species, Section 5(b) appears to set a numeric test against indefinite criteria
(significant portion). This provision discounts the status of a particular species within the boundaries o
the Commonwealth, and thus the intent of Pennsylvania species protection itself. Furthermore, this
standard will require the Commissions to conduct data analysis over a much more extensive geographic
range adding to time and expense.
[Note: At the August 26 hearing on this bill by the House Game and Fisheries andEnvironmental Resources and Energy Committees, Rep. Jeff Pyle (R-Armstrong) prime sponsor of the
bill said this section should not have changed the range of species definition and the words in
Pennsylvania should have been included in the bill language.]
House Bill 1576 Would Place Additional Time and Expense Burdens on the
Commonwealth. By requiring the re-nomination and approval of already-listed species within two
years, House Bill 1576 would impose a time and cost prohibitive burden on the Commonwealth. If one
of the driving concerns behind this proposed legislation is encouraging prompt and efficient response,
saddling the Commissions with such an unprecedented workload will only serve to exacerbate the issue.
House Bill 1576 Could Encourage More Federal Involvement in Species Protection.
One of the criteria utilized by the U.S. Fish & Wildlife Service in determining whether to pursue listing oa species is the sufficiency of state resource protection laws. By curtailing the authority of the
Commissions, this proposed legislation could prompt a more active federal role in species protection. In
addition, this proposed legislation could jeopardize federal funding for the Commissions, further limiting
their ability to work efficiently and effectively in the Commonwealth.
Conclusion. While there are surely ways to improve transparency and informational sharing to
avoid adverse impacts to species and allow approvable projects to be completed, these goals can be
accomplished without this overreaching legislation. Based on the provisions of House Bill 1576
hundreds of species will be immediately dropped from environmental permit review, regardless of the
significant amount of data supporting their consideration.
We commend the Committees for holding hearings on House Bill 1576, and we encourage youto consider the full ramifications of what this proposed legislation could ultimately mean for the natural
and recreational communities of Pennsylvania. This proposed legislation would place a tremendous
burden on the Commonwealth when better, collaborative solutions remain available.
Thank you for your consideration, John Walliser, Vice President Legal & Government Affairs,
PA Environmental Council.
A copy of PECs letteris available online.
NewsClips:
Bills To Change Endangered Species Law Trigger Debate
Panels Take Testimony On Endangered Species Protection
PA Could Lose $27M If Endangered Species Bills Become Law
Krancer Calls Endangered Species Bills Sensible Changes
Op-Ed: Fate Of PA Endangered Species At Risk
Related Story
House Committees Hear Significant Opposition To Endangered Species Legislation
http://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fdefault.asp%3FNewsletterArticleID%3D26347&sa=D&sntz=1&usg=AFQjCNEVrt9v7I3_yCxSVsIjpWtuMk7UXwhttp://www.google.com/url?q=http%3A%2F%2Fwww.thereporteronline.com%2Farticle%2F20130826%2FOPINION03%2F130829662%2Fthe-fate-of-the-blackpoll-warbler-and-the-pa-endangered-species-act&sa=D&sntz=1&usg=AFQjCNHrEnj-g_qw3zHjJR2xob2-tdncdghttp://www.google.com/url?q=http%3A%2F%2Fenergytrendswatch.com%2F2013%2F08%2F26%2Ffracturing-in-pennsylvania-the-uncoordinated-threatened-endangered-species-review-process-for-environmental-permitting%2F&sa=D&sntz=1&usg=AFQjCNFVNcP0-yldKWqC67drGNja-vf2RAhttp://www.google.com/url?q=http%3A%2F%2Fwww.mcall.com%2Fnews%2Fnationworld%2Fpennsylvania%2Fmc-pa-endangered-species-0828-20130828%2C0%2C5801265.story&sa=D&sntz=1&usg=AFQjCNFU6lTgUw79li0fMztPlD-7UXlFXQhttp://www.google.com/url?q=http%3A%2F%2Frepublicanherald.com%2Fnews%2Fpanels-take-testimony-on-bill-aimed-at-striking-balance-between-industry-environment-1.1542301&sa=D&sntz=1&usg=AFQjCNFSUHJg3hCkBbmhjVeMWmUfWmjZBghttp://www.google.com/url?q=http%3A%2F%2Fwww.mcall.com%2Fnews%2Fnationworld%2Fpennsylvania%2Fmc-pa-endangered-species-20130825%2C0%2C1538358.story&sa=D&sntz=1&usg=AFQjCNG_dswE2JQemx4GGzxYeXtiMpzUDAhttp://goo.gl/OacAmk -
7/30/2019 Pa Environment Digest Sept. 2, 2013
4/35
Did You Know You Can Search 9 Years Of Digests On Any Topic?
Did you know you can search 9 years of back issues of the PA Environment Digest on dozens of
topics, by county and on any keyword you choose. Just click on the search page.
Also take advantage of these related services from Crisci Associates--
PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from:
PAEnviroDigest.
PA Environment Daily Blog: provides daily environmental NewsClips and significant stories and
announcements on environmental topics in Pennsylvania of immediate value. Sign up and receive as
they are posted updates through your favorite RSS reader. You can also sign up for a once daily email
alerting you to new items posted on this blog.
PA Environment Digest Video Blog: showcases original and published videos from environmentalgroups and agencies around the state. Sign up to receive as they are posted updates through your
favorite RSS read. You can also sign up for a once daily email alerting you to new items posted on this
blog.
PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government, including
NewsClips, coverage of key press conferences and more. Sign up and receive as they are posted
updates through your favorite RSS reader. You can also sign up for a once daily email alerting you to
new items posted on this blog.
PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol Digest Twitter feedto get instant updates on other news from in and around the Pennsylvania State Capitol.
Senate/House Agenda/Session Schedule/Bills Introduced
Here are the Senate and House Calendars and Committee meetings showing bills of interest as well as a
list of new environmental bills introduced--
Session Schedule
Here is the latest voting session schedule for the Senate and House--
House
September 23, 24, 25, 30
October 1, 2, 15, 16, 17 (Non-Voting), 21, 22, 23
November 12, 13, 18, 19, 20
December 9, 10, 11, 16, 17, 18 (Non-Voting)
http://www.google.com/url?q=http%3A%2F%2Fwww.twitter.com%2FPaCapitolDigest&sa=D&sntz=1&usg=AFQjCNGWrE0J29KeaafDM7MJyMC8ers1CAhttp://www.google.com/url?q=http%3A%2F%2Fpacapitoldigestcrisci.blogspot.com%2F&sa=D&sntz=1&usg=AFQjCNEsEHXOUzs6gT1RCKAugVwOVKqPwAhttp://www.google.com/url?q=http%3A%2F%2Fpaenvirodigestvideo.blogspot.com%2F&sa=D&sntz=1&usg=AFQjCNEmKqFvZOkdb3_B7R1MBSPh3LLnzAhttp://www.google.com/url?q=http%3A%2F%2Fpaenvironmentdaily.blogspot.com%2F&sa=D&sntz=1&usg=AFQjCNFRzy2G1pqBkPajQhREHSFOtt9DyQhttp://www.google.com/url?q=http%3A%2F%2Fwww.twitter.com%2F&sa=D&sntz=1&usg=AFQjCNGXriPf7nAwCc24P4VynFe1LpqWFghttp://www.google.com/url?q=http%3A%2F%2Fwww.crisciassociates.com%2F&sa=D&sntz=1&usg=AFQjCNHXIVMkGh_c7n4BmGVntccrLXM7eghttp://www.google.com/url?q=http%3A%2F%2Fwww.paenvironmentdigest.com%2Fnewsletter%2Fsearch.asp&sa=D&sntz=1&usg=AFQjCNG3YMJhJTavF8eWahj5px0Dtv-fMQ -
7/30/2019 Pa Environment Digest Sept. 2, 2013
5/35
Senate
September 23, 24, 25, 30
October 1, 2, 15, 16, 21, 22, 23
November 12, 13, 18, 19, 20
December 3, 4, 9, 10, 11
Bill Calendars
House (September 23): House Bill 302 (Moul-R-Adams) transferring funds from the Oil and Gas
Lease Fund to DEP for a competitive grant program to convert small mass transit bus fleets to natural
gas House Bill 303 (Moul-R-Adams) transferring funds from the Oil and Gas Lease Fund to DEP for a
competitive grant program to convert large mass transit fleets to natural gas House Bill 304
(Marshall-R-Beaver) funding conversions of transit buses to natural gas House Bill 306
(Pickett-R-Bradford) redirecting the Alternative Fuels Incentive Fund to create the Keystone Fuel
Incentive Program to fund conversions of vehicles to natural gas House Bill 308 (Saylor-R-York)
redirecting $6 million annually from the Clean Air Fund to finance vehicle conversions to natural gas.