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Krancer: Facts, Sound Science And The Law Will Guide DEP Decisions
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The Senate Environmental Resources and Energy Committee this week gave unanimous approval to Michael Krancer, Gov. Tom Corbett's choice for Secretary of the Department of Environmental Protection. "My agency is on the forefront of protecting the public and the environment and that is what I intend to do," said Acting Secretary Krancer in an opening statement.
He said he would lead DEP based on three principles outlined by Gov. Corbett to all nominees: cooperation, communication and coordination and that he would do business in an open and transparent way with input from the public.
"We have tremendous opportunities right now in Pennsylvania. I believe strongly that environmental protection and economic development are interdependent," said Krancer. "Environmental regulation is not in a zero-sum contest with business in which there is the victor and the vanquished. One need only look to the former Iron Curtain experience to prove that a moribund economy is the enemy of environmental protection. Responsible, strong, vibrant and growing business is the necessary engine for environmental protection and conservation." Citing his experience as a judge on the Environmental Hearing Board which hears appeals of decisions made by DEP, he said it was his job to hear all sides of an issue.
"As judges and as executives, we apply the law," said Krancer. "Also, it was as a Judge, and it is now, my job to listen to all sides of an issue and all the facts and have an open mind. Then it is my job, and our job at DEP, to make decisions. I did that for over 10 years as a judge and I intend to do the same thing as DEP Secretary. Many of the decisions are difficult ones and not everyone always agrees, but we have to make decisions. We owe that to the people."
Acting Secretary Krancer noted there have been problems in the past with consistency in decision-making in the agency. "DEP is one DEP, we are not seven DEPs. Though we have six regional offices and a Central Office, we are one DEP. We owe it to the citizens of Pennsylvania to strive all the time for consistency in decision-making," said Krancer.
He also spoke about the need to improve morale and attitude at DEP.
"I am a strong believer that morale and attitude in an organization count," said Krancer. "The growth of this Commonwealth, including every new job, every recovery of an old site, every stream restored, has a DEP component.
"DEP personnel can and should be commended and recognized by DEP leadership and reminded by all of us that their work is critical to both protecting the environment and economic growth," said Krancer.
He went on to explain, "We will be a civil and respectful Department in our relationships with the regulated community. DEP wants to, should and does work with those that we are charged by law to regulate to achieve compliance. When there is non-compliance or violation, or where there is a disagreement about that, we must and we do act in a manner that is based on sound science, protects public safety and the environment, and is civil, fair, ethical and respectful toward everyone." Committee Chair Comments
"Pennsylvania faces a host of challenges, and opportunities, in the area of environmental protection and energy, and I believe Michael Krancer will bring to the job a depth of knowledge and a temperament that is widely respected in the field," said Sen. Mary Jo White (R-Venango), Majority Chair of the Committee. "I urge my colleagues to support this nomination when it comes before the full Senate." Sen. John Yudichak (D-Luzerne), Minority Chair of the Committee said, “I applaud the committee’s unanimous approval of Michael Krancer as DEP Secretary. “Michael Krancer recognizes the importance of protecting Pennsylvania’s environment and natural resources. I am particularly pleased that he is mindful of the natural gas and alternative energy industries coming to Pennsylvania and what this will mean to the state.”
Sen. Yudichak added that he is hopeful that once Krancer is confirmed, he and DEP officials will thoroughly consider the impact of the natural gas industry on Pennsylvania’s natural resources, state parks, communities and residents.
“I am sure Michael Krancer realizes the amazing opportunities that Marcellus Shale brings to Pennsylvania in the form of jobs and how these jobs will impact the state’s economy,” Sen. Yudichak said. “It is also important that the environmental impact of the industry be extensively considered as well. When he is confirmed, I look forward to working with him and DEP on these very important issues.”
Acting Secretary Krancer commented on a number of issues in response to questions raised by members of the Committee. Here are some highlights of those questions.
Frack Water From Drilling: In response to a question from Sen. Mary Jo White (R-Venango) on recent articles in the New York Times on the way Pennsylvania has handled wastewater from Marcellus Shale drilling operations, Acting Secretary Krancer said his take on the articles is that natural gas can contribute to a clean energy future to the country, but that drilling must be done right. He said no one disagrees with that.
He said the articles contain information he will use in evaluating the Oil and Gas Program, but noted they contained factual errors, like the number of Marcellus Shale wells, the number of DEP inspectors and the description of how much water is being recycled; it's actually more than 70 percent. He also pointed out DEP did 5,000 inspections on gas wells last year alone to enforce the state's laws and regulations.
Krancer noted other reports published since the original article appeared have also taken the New York Times to task on the accuracy of the articles.
On the issue of radioactivity, so called NORM (naturally occurring radioactive material) in the wastewater, Krancer said the Total Dissolved Solids regulations adopted last year help ensure that is not a problem (because radioactivity clings to solid particles). He did say he was considering testing drinking water as part of the response to the issues raised in the articles.
Sen. Eugene Yaw (R-Bradford) said he considered the articles to be half-truths. He said while the articles say frack water is being discharged, they don't say it is typically treated to drinking water standards first. He noted he has two frack water treatment facilities in his district. "I deal in facts, not fiction or fear," Sen. Yaw said.
Acting Secretary Krancer said he viewed it as part of his mission to get out the facts and agreed facts, not fear must drive public discussion and decisions.
In response to a question from Sen. John Yudichak (D-Luzerne) on his support for legislation requiring manifests to track drilling wastewater, Krancer said he is putting everything on the table when looking at drilling or other issues.
Acting Secretary Krancer the policies were withdrawn for different reasons ranging from the failure to obtain public comments before they were issued, the fact that some ran counter to recent state court decisions and some simply didn't provide the guidance they pro ported to give.
More specifically, the Single Stationary Air Pollution Source Determination Interim Guidance was withdrawn because it did not receive any public review and the action did not change anything with respect to regulating air emission sources. In addition, Krancer said decisions on these issues were guided by federal law which requires individual, case by case decisions. The withdrawal of the policy on implementing Section 205(c) of the Oil and Gas Act to take the impact of well permits on State Parks and State Forest land into account was already being done and was adopted without any public review. He added, in his opinion, the policy went against a recent state court decision outlawing some of the provisions included in the policy.
He noted, for clarification, the Executive Order imposing a moratorium on further leasing of State Forest lands for drilling was not affected by any of these actions.
DEP Budget: There were several questions from Senators Yudichak and Ted Erickson (R-Delaware) on whether DEP has adequate resources to fund the Oil and Gas Program and programs like Growing Greener. Acting Secretary Krancer said as drilling activity increases, he will have to look at the adequacy of resources to fund staff for the regulatory program which are now paid for with permit fees. He said he would expect if funding needs increase, then fees would be increased as well.
As a reference, Krancer said DEP's overall staff complement was reduced from 3,200 to now just over 2,600 over the last 8 years.
Krancer also noted there are opportunities to improve the effectiveness and efficiency within the agency which will reduce staff time needed to accomplish their tasks, effectively giving the agency a budget increase. Executive Deputy Secretary Jeff Logan, he said, was tackling some of those issues now. He cautioned he did not want to get ahead of the Governor's budget address next week.
Sen. Erickson said he stands ready to help DEP get the resources it needs to do its job.
Sound Science: In his opening statement and in several questions from members including Senators Erickson, Yudichak and Daylin Leach (D-Montgomery), Acting Secretary Krancer was asked to further explain what he meant by sound science.
Sen. Leach, who introduced Krancer at the hearing, said many times sound science has been used as a tactic to stall debate or decisions on an issue.
Sen. Erickson asked if the Acting Secretary would support legislation the Rendell Administration opposed to require DEP decisions to be based on sound, replicable science-- Senate Bill 136.
Sen. Yudichak asked how he would involve universities in developing the science needed to make environmental decisions, pointing to the Institute for Energy and Environment Research at Wilkes College.
Krancer said Gov. Corbett has talked about creating links to colleges and universities to bring their expertise and knowledge to bear on issues state government is tackling and he anticipates taking advantage of those links.
He also said it was a shame to be even talking about bills like Senate Bill 136, because he believes it is such a basic principle in decision-making. He noted to Sen. Leach that his job as a judge has been to make decisions when parties brought experts to the table to support their position. He said sometimes its not easy to make a decision based on sound science, but we owe it to the public to make those decisions because that's what executives and the General Assembly does.
Chesapeake Bay: In response to a question from Sen. Elder Vogel (R-Beaver) asking for an update on the Chesapeake Bay TMDL and where the resources will come from to help farmers and others comply with those mandates, Acting Secretary Krancer said Pennsylvania's farmers have done an immense job in reducing nutrient runoff and he is not convinced the state is getting enough credit for what has been done.
In addition, he said Pennsylvania's Bay partners-- other states and the federal government-- need to understand the Commonwealth is not like Maryland or Virginia. Our state has over 2,600 local governments, for example, and must be treated differently.
Krancer said one of his "pet projects" will be nutrient credit trading because he believes it makes sense to use market forces to help cleanup pollution. He noted while Pennsylvania has made significant progress on credit trading, but it is still early in the program.
Federal Interference: Sen. Timothy Solobay (D-Washington) asked what can be done about recent federal actions on coal mining and Marcellus Shale gas drilling that have stymied energy development in his area. Acting Secretary Krancer said his job is to make sure Pennsylvania's case is effectively presented to federal partners in regulating the environment and that position must be based on sound science.
On the general issue of how he will be involved in driving growth in Pennsylvania energy resources, Krancer said he will work closely with the Governor's new Energy Executive Patrick Henderson and other agencies to set policy on energy and Marcellus Shale development.
A video of the hearing is available on the Committee webpage.
The nomination now goes to the Rules and Nominations Committee and the full Senate for a vote.
Sen. Mary Jo White serves as Majority Chair of the Committee and Sen. Yudichak serves as Minority Chair.
NewsClips: Corbett's DEP Chief Gets Panel's Approval
Krancer Gets Environmental Committee SupportDEP Nominee OK'd By Panel DEP Nominee Weighs Whether More Water Testing Needed Related Stories
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3/7/2011 |
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