OCTOBER 21, 2014, PENNSYLVANIA CITIZENS ADVISORY COUNCIL MEETING MINUTES

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.