pa environment digest sept. 2, 2013

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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
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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
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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
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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)
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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.