Pittsburgh Post-Gazette

DEP deems Wolf’s expansion of oil, gas advisory board legal

- By Laura Legere

HARRISBURG — Researcher­s, environmen­talists and community representa­tives will remain as nonvoting members on an oil and gas advisory board to the state Department of Environmen­tal Protection, despite protests from a drilling industry trade organizati­on that the extra voices do not belong on a board designed to provide technical advice to regulators.

DEP attorneys said Thursday that the agency has the legal authority to expand the board’s nonvoting membership, which saved the five voting members of the board — engineers, geologists or experience­d drillers — from having to decide whether their colleagues should go or stay.

The issue has caused a ruckus in recent weeks after the Pennsylvan­ia Independen­t Oil and Gas Associatio­n, an industry trade group in Wexford, criticized Gov. Tom Wolf’s administra­tion for changing the board’s makeup and adding nonvoting public interest positions that are not called for under the oil and gas law that establishe­d the board.

PIOGA wrote to the voting members of the Oil and Gas Technical Advisory Board, or “TAB,” on April 10 urging them to vote down changes to their bylaws expanding the membership.

“Your oaths of office require you to act in accordance with law, and the law concerning TAB’s compositio­n and scope is clear — and it does not provide for the appointmen­t of additional ‘members,’ whether voting or non-voting, for any purpose, no matter how laudable,” PIOGA’s general counsel Kevin Moody wrote.

Environmen­tal groups have seized on the statements and rallied their supporters to demand greater public participat­ion in crafting oil and gas rules.

In public comments during the meeting Thursday, Matt Stepp, director of policy for the environmen­tal group PennFuture, characteri­zed the industry as “asking the board and DEP to discount the comments of citizens of the Commonweal­th on these revisions,” which he called “an astonishin­g and unfortunat­e request.”

DEP attorney Elizabeth Nolan said the law sets a minimum number of board members with specific expertise, but it does not prohibit the department from adding members with other areas of interest or expertise in oil and gas developmen­t.

The Wolf administra­tion has said the additional members increase transparen­cy and public involvemen­t in the creation of oil and gas policies and rules.

The board revised its bylaws Thursday to call the nonvoting members “advisers” and to strike a phrase that described them as representa­tives of the public interest, but then tabled the changes so it would not have to vote on the compositio­n of the board or get in the middle of a legal disagreeme­nt over the board’s makeup.

Mr. Moody said in an email after the meeting that DEP’s legal position would imply that the

department has the authority to expand or restrict provisions in the law “based upon the agency’s view of ‘what is best or better’ than what the General Assembly has decided.” PIOGA disagrees with that position, he said.

The trade group is continuing to consider legal options for addressing its disagreeme­nts with DEP’s proposed revisions to the state’s oil and gas regulation­s and its process of developing them, but PIOGA does not intend to initiate legal action based solely on the issues with the advisory board, Mr. Moody said.

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