In a rare move Tuesday, both the House and Senate Environmental Resources and Energy Committees took the step of voting to disapprove regulations promulgated by the Department of Environmental Protection that would put new requirements on Pennsylvania’s oil and gas industries.

The regulations are due to be considered by the Independent Regulatory Review Commission next Thursday, and while Tuesday’s action by the committee does not stop the regulations from moving forward, it does start the process of allowing the legislature to take the formal step of moving a disapproval resolution should the commission approve the regulations next week.

Language in the Fiscal Code bill sent to the governor in March would’ve required the restart of the regulatory process for the Chapter 78 and 78a regulations, but the veto of the legislation by Gov. Tom Wolf was said by members to force this action.

The House committee was the first to take action and the reasons expressed by members supporting disapproval were numerous.

“DEP and the EQB have promulgated regulations that are fatally flawed,” said Rep. Martin Causer (R-McKean) who offered the disapproval motion. “Both the Chapter 78 and 78a regulations are unlawful and should be disapproved.”

Among the reasons noted by members in support of disapproval as to why the regulations are unlawful, they cited the failure of the department to file necessary sample forms required by the Regulatory Review Act for these type of regulations, they violate the 2014 Fiscal Code amendments that were passed as a part of the budget requiring bifurcation of the conventional and unconventional regulations, and they do not provide for a business impact statement for small businesses in the conventional oil industry that would be affected by the regulations.

“Our system of government was established on the theory that the government shouldn’t break the law to make the law,” said Chairman John Maher (R-Allegheny). “In this case, we have many areas of concern.”

Some members went as far as to say that the new regulations would put Pennsylvania in a worse spot environmentally should the aftermath of the new requirements be that the industry leaves the Commonwealth without dealing with existing infrastructure.

“The power to regulate can also be the power to destroy,” said Rep. Bryan Barbin (D-Cambria).

“What wasn’t separated was the fact that the conventional industry, which is a lot like the old coal industry, is going to be subject to a system of regulations that will require people to abandon their property,” he added. “We have an incredible number of uncapped conventional wells in Pennsylvania. Those are the most serious threat to our water sources.”

Seven Democrats on the committee opposed disapproval of the regulations.

Minority Chairman Greg Vitali (D-Delaware) first took issue with the process used to bring up the regulations for a vote.

“The chairman gave us no notice that this orchestrated attempt would be made,” he said. “We made repeated attempts starting with a personal call on Thursday, emails on Friday, trying to get the contents of what would happen today.”

On the substance of the regulations, Rep. Vitali argued they are “long overdue” since they were last updated in 2001, well before the natural gas boom hit Pennsylvania.

“They’re needed to protect the public health,” he said.

Rep. Leanne Krueger-Braneky (D-Delaware) also defended the regulations.

“I believe that the process has been thorough, I believe the process has been legal, and I believe the process has correctly addressed the needs of small business operators, and also correctly addressed the needs of multi-national corporations,” she said.

The House Environmental Resources and Energy Committee voted to disapprove the regulations by a vote of 19-7. Three Democrats voted in support of disapproval.

The vote to disapprove the regulations in the Senate Environmental Resources and Energy Committee was similarly largely along party lines.

“You have to show a compelling need and the cost does not outweigh the benefit and I think throughout the regulations, it’s pretty clear those two standards were not met,” said Chairman Gene Yaw (R-Lycoming). “The process was not followed.”

DEP defended the regulations following the legislature’s actions Tuesday.

“The legislature is exercising their prerogative to review the regulations. These regulations have been written with an unprecedented amount of public participation,” said DEP Sec. John Quigley in response to the legislature’s move.

“The final regulation package is the result of all public input provided as well as the department’s experience with both conventional and unconventional oil and gas activities. I am confident that they will be approved by IRRC and ultimately adopted.”

The regulations are on the agenda to be considered by the Independent Regulatory Review Commission on April 21st.

The Senate committee also passed legislation—Senate Bill 1011—that would affect the regulations by removing conventional drillers from the regulatory scheme making its way through the process.

“I was extremely disappointed that the governor vetoed the Fiscal Code, which among other important provisions would provide essential regulatory protection for conventional gas and oil wells. Specifically, a section of the Fiscal Code would have invalidated new regulations on conventional oil and gas wells that were published after November 30, 2013,” said Sen. Scott Hutchinson (R-Venango), who sponsored the legislation.

“I believe these new proposed regulations are illegal, but DEP has proceeded to implement them anyway.  Senate Bill 1011 clarifies once again that DEP must follow the law.”

Also reacting to the governor’s Fiscal Code veto, the committee passed along Senate Bill 1195 to the full Senate for consideration.

That bill would provide for significant legislative oversight of DEP’s plan to comply with the federal Clean Power Plan.

This article is from the PLS Reporter.