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DEP announces revised Oil and Gas rules proposal

Author: Suzanne Stoltenberg, NFIB Pa. | click to email 717-232-8582 Date: August 12, 2015

LATEST STATE AND FEDERAL REGULATION NEWS


HERE IS A NEWS RELEASE FROM PA DEP WITH LINKS TO MORE INFORMATION

 
DEP Releases Latest Revisions of Oil and Gas Rulemaking

The Department of Environmental Protection (DEP) today announced the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking (Chapters 78 and 78a). This revision continues DEP’s commitment to modernizing and strengthening the environmental controls employed by both the conventional and unconventional industries to assure the protection of public health, safety, and the environment. 
 
“Responsible energy development in Pennsylvania is key to the commonwealth’s future,” said DEP Secretary John Quigley. “We are committed to protecting our natural resources, and these rules strengthen safeguards for our water and environment.”
 
“These rules are the culmination of one of the largest public participation efforts the department has ever seen, with nearly 30,000 comments and 12 public hearings during two public comment periods,” said Quigley.
 
The amendments to the oil and gas regulations began in 2011 to address surface activities at well sites, and center on five core areas. The amendments:
• Improve protection of water resources
• Add public resources considerations
• Protect public health and safety
• Address landowner concerns
• Enhance transparency and improve data management
 
“We asked the people of Pennsylvania for their concerns about developing oil and gas resources in the commonwealth, and they answered,” said Quigley. “These amendments reflect a balance between meeting the needs of the industry and the needs of public health and the environment; all while enabling drilling to proceed.”
 
After the latest round of public comment, two significant changes were made. DEP decided not to include the provisions for noise mitigation and centralized storage tanks for wastewater in the final regulations. Because of the complex nature of noise mitigation, it was determined that a separate process is more appropriate to address those concerns. In terms of centralized storage tanks, the department decided to remove this provision because these facilities will continue to be regulated under the residual waste regulations.
 
In addition, changes were made in this latest draft to address comments received and add clarity.
 
The amendments will be discussed at the upcoming meetings of the Conventional Oil and Gas Advisory Committee (COGAC) and, Oil and Gas Technical Advisory Board (TAB) in late August and early September, respectively. DEP will be working with these advisory committees to ensure the amendments are technically sound.
 
COGAC will discuss Chapter 78 (conventional) on August 27, 2015, at 10 A.M. in Room 105 of the Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101. This meeting will also be conducted via webinar. Click here to register for the morning session and click here to register for the afternoon session.
 
TAB will discuss Chapter 78a (unconventional) and Chapter 78 (conventional) on September 2, 2015, at 10 A.M. in Room 105 of the Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101. This meeting will also be conducted via webinar. Click here to register for the morning session and click here to register for the afternoon session.
 
For more information, or to view the rulemaking, click here or visit www.dep.state.pa.us and click the “Oil and Gas Rulemaking” button.

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Attention to businesses doing auto assembly and parts surface coating
Pennsylvania Bulletin: 8/7/2015

EQB: CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS FROM MISCELLANEOUS METAL PARTS SURFACE COATING PROCESSES, MISCELLANEOUS PLASTIC PARTS SURFACE COATING PROCESSES AND PLEASURE CRAFT SURFACE COATINGS
The Environmental Quality Board announced its intentions to amend Chapter 129 (relating to standards for sources), which would add § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings) to adopt reasonably available control technology (RACT) requirements and RACT emission limitations for stationary sources of volatile organic compound emissions from miscellaneous metal parts surface coating processes and miscellaneous plastic parts surface coating processes. The proposed rulemaking would also add terms and definitions to § 129.52d to support the interpretation of the proposed measures and amend §§ 129.51, 129.52, 129.67 and 129.75 to support the addition of § 129.52d. This proposed rulemaking will be submitted to the United States Environmental Protection Agency for approval as a revision to the Commonwealth's State Implementation Plan following promulgation of the final-form rulemaking. For further information, contact Kirit Dalal, Chief, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, PO Box 8468, Harrisburg, PA 17105-8468, (717) 772-3436; or Kristen Furlan, Assistant Director, Bureau of Regulatory Counsel, Rachel Carson State Office Building, PO Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.

EQB: PROPOSED RULEMAKING: CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS FROM AUTOMOBILE AND LIGHT-DUTY TRUCK ASSEMBLY COATING OPERATIONS AND HEAVIER VEHICLE COATING OPERATIONS
The Environmental Quality Board announced its intentions to amend Chapter 129 (relating to standards for sources), which would add § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations) to adopt reasonably available control technology (RACT) requirements and RACT emission limitations for stationary sources of volatile organic compound emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations including primer, primer-surfacer, topcoat and final repair coating materials, as well as additional coatings applied during the vehicle assembly process and related cleaning activities. The proposed rulemaking would also add terms and definitions to § 129.52e to support the interpretation of the proposed measures and amend § 129.51 (relating to general) to support the addition of § 129.52e. The proposed rulemaking will be submitted to the United States Environmental Protection Agency for approval as a revision to the Commonwealth's State Implementation Plan following promulgation of the final-form rulemaking. For further information, contact Kirit Dalal, Chief, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, PO Box 8468, Harrisburg, PA 17105-8468, (717) 772-3436; or Kristen Furlan, Assistant Director, Bureau of Regulatory Counsel, Rachel Carson State Office Building, PO Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin




EPA Seeks Input for Potential Rule Banning or Restricting the Use of Trichloroethylene (TCE) as a Commercial Degreaser, Spotting Agent in Dry Cleaning, and in Certain Consumer Products for more information click here

EPA Seeks Input for Potential Rule Banning or Restricting the Use of N-Methylpyrrolidone (NMP) and Methylene Chloride for Use in Paint and Coating Removal for more information click here


Dental offices; proposed regulation on pre-treating amalgam waste disposed into public water systems

EPA is proposing technology-based pre-treatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from existing and new dental practices that discharge dental amalgam. Dental amalgam contains mercury in a highly concentrated form that is relatively easy to collect and recycle. For more information click here.

Lead: Renovation, Repair, and Painting Rule for Public and Commercial Buildings — Proposed Rule Stage

Following on its problematic Lead: RRP rule covering residential housing, the EPA is poised to expand the rule to cover commercial buildings. While the goal of the rule – protecting people from exposure to lead dust – is laudable, EPA has not yet issued a study or identified data that shows if lead dust from these buildings impact surrounding neighborhoods. In addition, EPA appears intent on adapting its residential rule for commercial buildings. NFIB is concerned about his approach because the residential rule is punitive mostly to companies that try to comply. About 35 percent of small employers, who operate their business outside of their house, own all or part of the building or land on which their business is located. These small businesses face higher costs as well. 

EPA and Army Corps of Engineers propose expansion of authority over small business and landowners: The U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (ACE) recently proposed a rule that will greatly expand its authority over private landowners and small businesses. Even more troubling is the fact that EPA blatantly bypassed critical analysis of the rule’s impact on small businesses – which a clear violation of federal law.  NFIB believes this proposal, which re-defines the term “navigable waters” in the Clean Water Act would allow EPA to regulate the smallest irrigation streams or ponds, adding red tape, restricting business and hurting the economy.  For more information click here: 

Department of Labor Wage and Hour Division – Expansion of Overtime Eligibility – Pre-rule stage 

President Obama recently directed the DOL to revise regulations relating to overtime eligibility, specifically to find ways to expand time-and-a-half pay to more workers. Unfortunately, this will come at the expense of small business owners. Like most government mandates on business, increasing the number of workers eligible for overtime will have a deep and disproportionate impact on the small business sector. The vague detail offered by the administration on what the regulation will look like only increases uncertainty for small businesses, and makes them less likely to add new workers.

THE LATEST NEWS ON REGULATIONS :

IRRC Call for comments -- Auctioneers, final form rules on new fees and education requirements, diciplinary proceedures, sponsorships, etc.  For more information click here

Changes for household goods or property movers related to entry to the marketplace and to increase in insurance requirements: At it's meeting on April 16, 2015 the Independent and Regulatory Review Commission will take up a final form regulations that eliminate the need for new moving companies or property movers to justify the public need for their existence. The final form regulation would also require a higher level of insurance. For more information click here

Changes to the Taxi and Limousine age and/or mileage requirements: At it's meeting on April 16, 2015 the Independent and Regulatory Review Commission will take up a final form regulations that eliminates the vehicle list requirements for taxis and limousines; eliminates the waiver exception for vehicle age limitation for taxis; and replaces the vehicle age limitation for limousines with a mileage requirement. For more information click here

Vote 11/6 by IRRC on Workers' Compensation claim changes in procedures:The amendments will expedite the adjudication of workers compensation claims, increase and unify the options for filing with the Bureau and Board, reduce paperwork requirements among litigants, and reduce expenses for litigants by incorporating technology into workers’ compensation proceedings.Additionally, these amendments aim to correct inefficiencies and diminish costs associated with litigation involving the UGEF. For more information click here

Consumption of malt or brewed beverages on premises: The purpose of this regulation is to clarify the privileges of breweries with regard to on-premises consumption of the malt or brewed beverages (“beer”) produced on the licensed premises. Recent changes to the Liquor Code prompt the need for this regulatory promulgation. The regulation would allow breweries to offer beer it has produced to patrons for on-premises consumption under certain conditions. For more information click here

Automobile and Light-duty Truck Assembly Coating: This proposed regulation applies to businesses that apply a coating to new automobiles or light duty truck bodies, to body parts for those vehicles, or to other parts coated at the same time. It covers the use of 15 pounds or more of coatings or cleaning solvents per day that contain Volatile Organic Compounds (VOCs). Get more information

Surface Coating of Miscellaneous Metal Parts, Plastic Parts and Pleasure Craft Coatings: This proposed regulation includes the manufacture of metal and plastic parts, components or products made entirely or partially of metal or plastic and the use of Volatile Organic Compound (VOCs) in coatings. Get more information


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Expansion of Overtime Eligibility
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