The Independent Regulatory Review Commission Monday provided 19 pages of comments to the Department of Environmental Protection on proposed Chapter 78 drilling regulations required by Act 13.
Among other questions, the IRRC as DEP to explain--
-- Its authority to require setbacks from water bodies and other well location restrictions in light of the PA Supreme Court’s ruling in December declaring the unconstitutional;
-- If there is a basis in “acceptable data” for the regulation and the standards DEP seeks to impose in the regulation;
-- Why the same provisions apply to conventional and unconventional (Marcellus Shale) gas wells;
-- How it calculated the potential cost of the regulation to the industry;
-- Whether a less costly or less intrusive alternative method of achieving the goal of the regulation has been considered for small business; and
-- Requirements for water management plans as they apply in the Ohio River Watershed;
DEP is required to respond to all these comments at the time final regulations are submitted to the IRRC for review.
A copy of the comments is available online.