Harrisburg Takes Reins for Marcellus Enforcement
Pittsburgh Post-Gazette
31 March 2011
By Don Hopey,
Field inspectors and regional directors for the state Department of
Environmental Protection have been told they must obtain approval from
DEP Secretary Michael Krancer before issuing permits or enforcing
regulations pertaining to Marcellus Shale drilling, according to
internal department memos.
The new rules requiring preapproval by officials in Harrisburg even
extend to routine matters such as notices of violations that previously
were issued by inspectors and their regional directors.
Jan Jarrett, president and chief executive officer of Citizens for
Pennsylvania's Future, a statewide environmental group active on
Marcellus issues, said the new procedures "make a joke out of
inspections."
"When they see violations, they have a duty to write them up, but now
they must first run them up the chain of command to get a political
OK," she said. "It completely undercuts the independence and
professionalism of the inspectors."
Word of the major procedural change, which was not publicly announced,
was emailed March 23 to DEP regional directors and the director of its
Oil & Gas Bureau by John Hines, DEP executive deputy secretary.
The email directs them, "effective immediately," to take no final
action involving Marcellus Shale drilling before getting "final
clearance" from Mr. Krancer, an attorney from Bryn Mawr who was
appointed to his position in January by Gov. Tom Corbett.
Permitting and enforcement actions also must be preapproved by Mr.
Hines and Dana Aunkst, who this month was appointed acting DEP deputy
secretary for field operations.
Katy Gresh, a DEP spokeswoman, characterized the move as a procedural
change and said that it was designed to help the agency bring
consistency to its enforcement actions.
"During Secretary Krancer's meetings with legislators and his
confirmation and budget hearings, one message he heard loud and clear
is that constituents perceive there is inconsistency at DEP.
"We want to ensure that as we regulate this industry, we are protecting
the environment in every corner of the commonwealth, and we believe
this procedure for violation notifications will achieve that," Ms.
Gresh said.
The new policy was widely criticized internally by staff at DEP, so
much so that Mr. Aunkst needed to send a follow-up email to the
regional directors March 24 apologizing for the "significant confusion
and consternation" it caused but not backing off any of the new
requirements.
John Hanger, who was DEP secretary during the last two years of the
Rendell administration, called the policy change "exceptionally unwise."
He predicted it would cause the public to lose faith in the state's
ability to fairly and independently regulate development of the
Marcellus Shale gas reserves.
"This can do nothing but crater public confidence in inspections and
oversight of the industry," Mr. Hanger said. "It will not benefit the
industry, which will be the biggest loser because it needs the
authentic, independent and professional inspections and oversight to
maintain confidence in the industry. This intrusion into longstanding
professional practices by political appointees is the opposite of what
should be happening."
The policy puts political appointees in direct control of permit
issuance and enforcement actions. Between January 2008 and June 2010
DEP inspectors issued 1,400 notices of violation at Marcellus Shale gas
drilling sites.
Mr. Hanger said that if the new policy was done for legitimate
oversight or coordination reasons, it would apply to all of the
department's inspections, and that an appeal process is already in
place. All violations can be appealed to the Environmental Hearing
Board.
He said the changes would "chill" enforcement efforts.
"Anyone who says otherwise is not being honest," Mr. Hanger said. "The
new policy tells the inspector that he's going to be second-guessed
from a distance by individuals not familiar with the site. It's 180
degrees from where things ought to stand."
He also theorized that such a policy change probably wouldn't be done
without the direct involvement or support of Mr. Corbett's office.
The governor's office by late afternoon had not returned Post-Gazette
calls seeking comment on the regulation and Mr. Hanger's remarks.
Ms. Gresh said, however, that the governor's office was not involved in
the policy change.
"It did not come from the governor," Ms. Gresh said. "The governor's
office did not have a hand in this."
Don Hopey: dhopey@post-gazette.com or 412-263-1983.