October
21, 2014, Pennsylvania Citizens Advisory Council Meeting Minutes - EXCERPT
PADEP REPORT TO COUNCIL:
In response to questions posed by Council, Acting Secretary Dana
Aunkst provided an update on several Departmental issues. In
response to Ms. Kilgour’s comments that DEP omitted certain sampling results from
its regional Marcellus Shale short-term air quality studies from 2010 and 2011,
Mr. Aunkst stated that the Department was developing a written response to the news
article but acknowledged that the regional studies were only to be snapshots of
limited scope regarding air contaminants at surveyed sites and did not represent
a comprehensive study of emissions. He noted that some results were inadvertently left
out of the short-term studies, but that more comprehensive results would be included
in the longer-term Marcellus Shale air quality study DEP is conducting.
Mr. Aunkst also updated Council on the development of the Department’s
TENORM Study, which was initiated by the agency in 2013 in order to analyze the
naturally occurring levels of radioactivity in materials associated with oil and
gas development, production and distribution operations. He said
that the draft final report is complete and will be peer-reviewed in November. He
noted that he believes the report will be finalized and available to the public
in December. He also noted that none of the samples collected
by the agency as a part of the study triggered mandatory public health reporting
or response requirements under the state’s Radiation Protection Act.
Concerning comments DEP recently submitted to EPA and the U.S.
Army Corps of Engineers on the proposed Waters of the U.S. rulemaking, Mr. Aunkst
stated that the agency’s comments on the proposal largely reflected their opposition
to a “one size fits all” proposal, which they believe the proposal has been crafted
into. While he acknowledged that the proposed
rulemaking may not have any real or substantial impact on when water quality permits
will be required in Pennsylvania because the Commonwealth’s laws are broader
than the proposed federal rule, he noted that DEP has significant concerns regarding
the implementation of the rulemaking, in particular the additional oversight and
review of state permit actions if the rulemaking is adopted as proposed.
Regarding the recent passage of H.B. 1565, Mr. Aunkst stated that
the legislation would take effect 60 days after it is signed by the Governor and
that the Department would be ready as necessary to implement the legislation. He noted,
however, that he is uncertain at this point whether the Department would have to
amend its regulations or develop technical guidance in order to implement the
legislation.
In response to questions concerning the Department’s pending onlot
sewage regulations which are being amended to allow for the consideration of
alternate systems in the planning phase of development, Mr. Aunkst responded
that a proposal had been drafted and was submitted for consideration by the
Department’s Sewage Advisory Committee, who will be meeting on November 5,
2014.
DEP ENVIRONMENTAL ADVOCATE OFFICE:
Kimberly Morewood, the newly appointed Director of DEP’s Office
of Environmental Advocate, introduced herself to Council and provided an overview
of her office, including its history and the services it provides to the public
who wish to be engaged in permit decisions by DEP, particularly those in prescribed
environmental justice areas in the state.
STANDARDS AND GUIDELINES FOR IDENTIFYING, TRACKING, AND RESOLVING
OIL AND GAS VIOLATIONS; DEP TECHNICAL GUIDANCE 3550-3000-001:
Kurt Klapkowski, Director of DEP’s Bureau of Oil and Gas
Planning and Program Management, provided an overview of the changes the Department
is proposing to its Oil and Gas Program Enforcement Policy. He noted
that the policy had not been updated since 2005 and explained that there were a
number of reasons that compelled the Department to revise the policy, including
the advancement of unconventional well development in Pennsylvania and the enactment
of the 2012 Oil and Gas Act. He stated that the revised policy follows the Department’s
current policy with the exception of new sections that were added to cover topics
regarding when inspections are to be conducted and when the results of those inspections
are to be posted in DEP’s eFACTS system. Other substantive revisions to the policy
include the addition of procedures for investigating water damage complaints and
additional guidance on data and reporting requirements.
Mr. Klapkowski
noted that the deadline for the public to submit comments to the Department on the
policy has been extended to November 18, 2014.
He also noted that the Department
anticipates finalizing the policy prior to the end of this year.