0964681L:EJH 05/02/16

2016009646

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A CONCURRENT RESOLUTION
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Disapproving the Environmental Protection Standards at Oil and
Gas Well Sites Regulations submitted by the Environmental
Quality Board.
WHEREAS,

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On February 3,

2016,

the Environmental Quality Board

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approved “Environmental Protection Standards at Oil and Gas Well

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Sites” Regulations

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and

S

WHEREAS,

(DEP 7—484 and IRRC #3042),

On April 12,

2016,

(Regulations);

the Environmental Resources and

Energy Committee of the House of Representatives,

in accordance

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with section 5.1(j.2)

(P.L.633,

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No.181),

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the Regulations; and

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of the act of June 25,

known as the Regulatory Review Act,

WHEREAS,

On April 12,

2016,

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Energy Committee of the Senate,

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(j.2)

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Regulations;

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2016009646

voted to disapprove

the Environmental Resources and
in accordance with section 5.1

of the Regulatory Review Act,

WHEREAS,

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voted to disapprove the

and
On April 21,

2016,

notwithstanding the disapprovals

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—

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of the Senate and House of Representatives oversight committees,

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the Independent Regulatory Review Commission

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approve the Regulations; and

(IRRC)

voted to

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WHEREAS,

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of April 9,

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which requires regulations for conventional and unconventional

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wells under all State laws to be promulgated separately; and

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The Regulations violate section 1741.l—E of the act
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WHEREAS,

(P.L.343,

known as The Fiscal Code,

The Regulations disregard that the Pennsylvania

Supreme Court enjoined 58 Pa.C.S.

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58 Pa.C.S.

§ 3215(c)

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58 Pa.C.S.

§ 3215

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No.176),

WHEREAS,

and

(b)

and

(e)

§ 3215(b)

and

and enjoined

to the extent that they implement

Cd);

and

The Regulations have yet to comply with the

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Regulatory Review Act in several respects,

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sunshine requirements under section 5(a) (5)

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business requirements under section 5(a) (10.1),

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(12.1);

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(d)

including the
and the small
(11),

(12)

and

and

WHEREAS,

On April 22,

2016,

the IRRC notified the

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Environmental Resources and Energy Committee of the House of

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Representatives that the IRRC had adopted an order,

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three to two,

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RESOLVED

by a vote of

approving the Regulations; therefore be it

(the Senate concurring),

That the General Assembly

disapprove the Regulations; and be it further
RESOLVED,

That,

in accordance with section 7 (d)

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Regulatory Review Act,

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promulgation of the Regulations.

2016009646

of the

this resolution constitute a bar to

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