## MEMORANDUM

TO: Record

FROM: James K. O’Connell, ERG

DATE: November 12 , 201 5

SUBJECT: Pennsylvania Department of Environmental Protection’s (PA DEP)

Statewide Oil and Gas Waste Reports (DCN SGE0 1245 )

ERG downloaded the oil and gas waste reports from the Pennsylvania Department of Environmental Protection (PA DEP) on 12/22/2014 (Attachments 2, 4

- 25) and on 11/12/2015 (Attachments 1, 3) . The 2 5 files are listed in Table 1

. Although PA DEP protects these data with a copyright, ERG obtained permission to use and distribute these data as shown in Appendix A.

Table 1

. PA DEP Statewide Waste Reports

Attachment DCN Attachment Title

SGE01245 .A01 Statewide Data Downloads by Reporting Period

- Attachment 1 : Jan

- Dec 201 4 Waste

(Conventional wells)

SGE01245 .A02 Statewide Data Downloads by Reporting Period

- Attachment 2 : Jan

- Jun 2014 Waste

(Unconventional wells)

SGE01245 .A03 Statewide Data Downloads by Reporting Period

- Attachment 3 : Jul

- Dec 2014 Waste

(Unconventional wells)

SGE01245 .A04 Statewide Data Downloads by Reporting Period

- Attachment 4 : Jan

- Dec 2013 Waste

(Conventional wells)

SGE01245 .A05 Statewide Data Downloads by Reporting Period

- Attachment 5 : Jan

- Jun 2013 Waste

(Unconventional wells)

SGE01245 .A06 Statewide Data Downloads by Reporting Period

- Attachment 6 : Jul

- Dec 2013 Waste

(Unconventional wells)

SGE01245 .A07 Statewide Data Downloads by Reporting Period

- Attachment 7 : Jan

- Dec 2012 Waste

(Conventional wells)

SGE01245 .A08 Statewide Data Downloads by Reporting Period

- Attachment 8 : Jan

- Jun 2012 Waste

(Unconventional wells)

SGE01245 .A09 Statewide Data Downloads by Reporting Period

- Attachment 9 : Jul

- Dec 2012 Waste

(Unconventional wells)

SGE01245 .A10 Statewide Data Downloads by Reporting Period

- Attachment 10 : Jan

- Dec 2011 Waste

(Annual O&G, without Marcellus)

SGE01245 .A11 Statewide Data Download s by Reporting Period

- Attachment 11 : Jan

- Jun 2011 Waste

(Marcellus Only, 6 months)

SGE01245 .A12 Statewide Data Downloads by Reporting Period

- Attachment 1 2 : Jul

- Dec 2011 Waste

(Marcellus Only, 6 months)

SGE01245 .A13 Statewide Data Downloads by Reporting Period

- Attachment 1 3 : Jan

- Dec 2010 Waste

(Annual O&G, without Marcellus)

### Memorandum

N ovember 12 , 201 5 Page 2

Table 1

. PA DEP Statewide Waste Reports

Attachment DCN Attachment Title

SGE01245 .A14 Statewide Data Downloads by Reporting Period

- Attachment 1 4 : Jul

- Dec 2010 Waste

(Marcellus Only, 6 months)

SGE01245 .A15 Statewide Data Downloads by Reporti ng Period

- Attachment 1 5 : Jul 2009

- Jun 2010

Waste (Marcellus Only, 12 months)

SGE01245 .A16 Statewide Data Downloads by Reporting Period

- Attachment 1 6 : Jan

- Dec 2009 Waste

(Annual O&G, with Marcellus)

SGE01245 .A17 Statewide Data Downloads by Reporting Period

- Attachment 1 7 : Jan

- Dec 2008 Waste

(Annual O&G, with Marcellus)

SGE01245 .A18 Statewide Data Downloads by Reporting Period

- Attachment 1 8 : Jan

- Dec 2007 Waste

(Annual O&G, with Marcellus)

SGE01245 .A19 Statewide Data Downloads by Reporting Period

- Attachment 1 9 : Jan

- Dec 2006 Waste

(Annual O&G, with Marcellus)

SGE01245 .A20 Statewide Data Downloads by Reporting Period

- Attachment 2 0 : Jan

- Dec 2005 Waste

(Annual O&G, with Marcellus)

SGE01245 .A21 Statewide Data Downloads by Reporting Period

- Attachment 2 1 : Jan

- Dec 2004 Waste

(Annual O&G, with Marcellus)

SGE01245 .A22 Statewide Data Downloads by Reporting Period

- Attachment 2 2 : Jan

- Dec 2003 Waste

(Annual O&G, with Marcellus)

SGE01245 .A23 Statewide Data Downloads by Reporting Period

- Attachme nt 2 3 : Jan

- Dec 2002 Waste

(Annual O&G, with Marcellus)

SGE01245.A24 Statewide Data Downloads by Reporting Period

- Attachment 2 4 : Jan

- Dec 2001 Waste

(Annual O&G, with Marcellus)

SGE01245.A25 Statewide Data Downloads by Reporting Period

- Attachment 2 5 : Jan

- Dec 2000 Waste

(Annual O&G, with Marcellus)

### Memorandum

N ovember 12 , 201 5 Page 3

A PPENDIX 

### A: C OPYRIGHTED 

### D ATA 

### C LARIFICATIONFrom: Macciocca, Frank
To: Brent Ruminski Subject: RE: Copyright data clarification for US EPA (PA DEP)
Date: Monday, March 09, 2015 12:45:45 PM



### Brent,

Sorry for the delay. I have received no adverse responses so please proceed.

Best,

Frank

Frank Macciocca | Assistant Counsel Department of Environmental Protection Office of Chief Counsel | General Law Division Rachel Carson State Office Building 400 Market Street | Harrisburg, PA 17101 Phone: 717.787.1956 | Fax: 717.787.9369 www.depweb.state.pa.us

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

ATTORNEY WORK PRODUCT

The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Brent Ruminski [mailto:Brent.Ruminski@erg.com] Sent: Monday, March 09, 2015 11:39 AM To: Macciocca, Frank Subject: RE: Copyright data clarification for US EPA (PA DEP)



### Hi Frank. Do you have an update on this?

Thanks,

Brent Ruminski Eastern Research Group, Inc. (ERG) 14555 Avion Parkway Suite 200 Chantilly, VA 20151 703-633-1701 (office)

From: Macciocca, Frank [ mailto:fmacciocca@pa.gov ] Sent: Thursday, February 19, 2015 12:58 PM To: Brent Ruminski Subject: RE: Copyright data clarification for US EPA (PA DEP)



### Brent,

I am waiting on one of the program team to respond. I should have something very soon.

### Best,

Frank

Frank Macciocca | Assistant Counsel Department of Environmental Protection Office of Chief Counsel | General Law Division Rachel Carson State Office Building 400 Market Street | Harrisburg, PA 17101 Phone: 717.787.1956 | Fax: 717.787.9369 www.depweb.state.pa.us

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

ATTORNEY WORK PRODUCT

The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Brent Ruminski [ mailto:Brent.Ruminski@erg.com ] Sent: Thursday, February 19, 2015 11:40 AM To: Macciocca, Frank Subject: RE: Copyright data clarification for US EPA (PA DEP)



### Hi Frank, just checking in to see if you have an update.

Thanks,

Brent

From: Macciocca, Frank [ mailto:fmacciocca@pa.gov ] Sent: Thursday, February 12, 2015 10:26 AM To: Brent Ruminski Subject: RE: Copyright data clarification for US EPA (PA DEP)



### Brett,

I am verifying a few things on this end to confirm my understanding based on the information below. It may take a few days, but I will respond back early next week at the latest.

Best,

Frank

Frank Macciocca | Assistant Counsel Department of Environmental Protection Office of Chief Counsel | General Law Division Rachel Carson State Office Building 400 Market Street | Harrisburg, PA 17101 Phone: 717.787.1956 | Fax: 717.787.9369 www.depweb.state.pa.usPRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

ATTORNEY WORK PRODUCT

The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Brent Ruminski [ mailto:Brent.Ruminski@erg.com ] Sent: Wednesday, February 11, 2015 10:41 AM To: Macciocca, Frank Subject: Copyright data clarification for US EPA (PA DEP)



### Hi Frank,

My name is Brent Ruminski and I work for Eastern Research Group, Inc., a contractor for the United States Environmental Protection Agency. We are supporting an EPA rulemaking that covers the unconventional oil and gas extraction industry ( http://water.epa.gov/scitech/wastetech/guide/oilandgas/unconv.cfm ).

As part of the rulemaking process, we downloaded data from the PA DEP for analysis. EPA has determined that they would like to make these analyses and the raw data available in the public record to support the rulemaking. However, we noticed the PA DEP website has a blanket copyright claim. Based on our telephone conversation, you don’t believe data files on the PA DEP are copyrighted. It would be greatly appreciated if you could respond to this email confirming that the list of specific data files below are not copyrighted. A document control number (DCN) is assigned to each which will be referenced in our development documents and properly cited. If PA DEP does not consider them to be copyrighted, the files will be made available to the public on www.regulations.gov at the time of proposal.

• DCN SGE00188.A01 – SGE00188.A23 – One excel file for each “waste” CSV file available at: https://www.paoilandgasreporting.state.pa.us/publicreports/Modules/DataExports/DataExports.aspx

• DCN SGE00712 – Excel file that includes a complete data pull of spud reports from: http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx? /Oil_Gas/Spud_External_Data

Please let me know if you have any questions.

Brent Ruminski Eastern Research Group, Inc. (ERG) 14555 Avion Parkway Suite 200 Chantilly, VA 20151 703-633-1701 (office)