Passionate supporters come out in the name of stronger oil and gas regulations

It was encouraging to see so many people come out to participate in the Department of Environmental Protection’s (DEP) public hearing about its proposed Chapter 78 regulations regarding oil and gas wells this past Thursday at West Chester University.

Public participation in government decisions is one of the purest and most important features of democracy, and environmental advocates made it clear that they understand the importance of fulfilling their role as educated and informed citizens.

The public hearing at West Chester University was well attended, and the vast majority of speakers spoke in favor of stronger environmental protection. In addition to members of the public and environmental advocacy groups such as PennFuture, Delaware Riverkeeper Network, and the Clean Air Council, a number of elected officials took the microphone to support stronger regulations. Among them was West Chester’s mayor, Carolyn Comitta, who testified that it was important for all citizens, even those who do not live in towns where oil and gas drilling is likely to take place, to concern themselves with drilling regulations because, “we all live downstream.”

During my opportunity to speak on behalf of PennFuture, I spoke about the importance of considering the long-term impacts that drilling would have on Pennsylvania’s environment, and thanked DEP and the members of the Environmental Quality Board who were present for the portions of their proposal that adequately protect the Commonwealth‘s long-term interests. I went on to ask DEP to consider making changes to other proposed regulations that aren’t strong enough to get the job done.

A copy of the testimony I gave is available on PennFuture’s website. Other hearings are scheduled between now and January 27, and information about those hearings is available on DEP’s website.

I encourage everyone to attend one or more of these hearings and make their voices heard. Suggested talking points are available on PennFuture’s website.

Mike Helbing is a staff attorney for PennFuture, based in Philadelphia.

The devil in chapter 78

Last year, Governor Corbett signed into law Act 13 of 2012, the first comprehensive revision of Pennsylvania’s oil and gas law since 1984.

Soon – perhaps as early as Friday – the Pennsylvania Environmental Quality Board (EQB) will seek public comment on the first major revisions of Pennsylvania’s oil and gas well regulations (which are set forth at 25 Pa. Code Chapter 78) since 1989. The revisions run to some 74 pages.

Generally speaking, Pennsylvania environmental law takes two forms: (1) statutes like Act 13, which are passed by the General Assembly and signed into law by the governor; and (2) regulations, which are promulgated by the EQB, a special governmental body whose sole function is to establish regulations for the Department of Environmental Protection (DEP). Though not technically considered laws, terms and conditions set forth in permits issued by DEP constitute a third variety of enforceable standards and restrictions.

Statutes are the broad strokes of the law – detailed in places, but typically rich in ambiguities and gaps, often due to legislative compromise. Regulations “implement” statutes by clarifying ambiguities and filling gaps; they are the tools that state agencies use to give effect to the statutes they administer. Permit terms apply statutes and regulations to particular activities.

The purpose of the upcoming Chapter 78 revisions is twofold: First, to implement Act 13, and second, to codify a number of regulatory approaches that the DEP has so far implemented only through permit terms, such as design and construction standards for centralized wastewater impoundments.

In the coming weeks, this blog will return to parts of the Chapter 78 revisions that merit particular public attention and comment. We all know who skulks in the details.