MEMORANDUM

TO: Record

FROM: James K. O’Connell, ERG

DATE: November 12, 2015

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

Statewide Oil and Gas Waste Reports (DCN SGE01245)

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 25 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 2014 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 Downloads by Reporting Period - Attachment 11: Jan-Jun 2011 Waste 

(Marcellus Only, 6 months)

SGE01245.A12 Statewide Data Downloads by Reporting Period - Attachment 12: Jul-Dec 2011 Waste 

(Marcellus Only, 6 months)

SGE01245.A13 Statewide Data Downloads by Reporting Period - Attachment 13: Jan-Dec 2010 Waste 

(Annual O&G, without Marcellus)
Memorandum

November 12, 2015

Page 2

Table 1. PA DEP Statewide Waste Reports

Attachment DCN Attachment Title

SGE01245.A14 Statewide Data Downloads by Reporting Period - Attachment 14: Jul-Dec 2010 Waste 

(Marcellus Only, 6 months)

SGE01245.A15 Statewide Data Downloads by Reporting Period - Attachment 15: Jul 2009-Jun 2010 

Waste (Marcellus Only, 12 months)

SGE01245.A16 Statewide Data Downloads by Reporting Period - Attachment 16: Jan-Dec 2009 Waste 

(Annual O&G, with Marcellus)

SGE01245.A17 Statewide Data Downloads by Reporting Period - Attachment 17: Jan-Dec 2008 Waste 

(Annual O&G, with Marcellus)

SGE01245.A18 Statewide Data Downloads by Reporting Period - Attachment 18: Jan-Dec 2007 Waste 

(Annual O&G, with Marcellus)

SGE01245.A19 Statewide Data Downloads by Reporting Period - Attachment 19: Jan-Dec 2006 Waste 

(Annual O&G, with Marcellus)

SGE01245.A20 Statewide Data Downloads by Reporting Period - Attachment 20: Jan-Dec 2005 Waste 

(Annual O&G, with Marcellus)

SGE01245.A21 Statewide Data Downloads by Reporting Period - Attachment 21: Jan-Dec 2004 Waste 

(Annual O&G, with Marcellus)

SGE01245.A22 Statewide Data Downloads by Reporting Period - Attachment 22: Jan-Dec 2003 Waste 

(Annual O&G, with Marcellus)

SGE01245.A23 Statewide Data Downloads by Reporting Period - Attachment 23: Jan-Dec 2002 Waste 

(Annual O&G, with Marcellus)

SGE01245.A24 Statewide Data Downloads by Reporting Period - Attachment 24: Jan-Dec 2001 Waste 

(Annual O&G, with Marcellus)

SGE01245.A25 Statewide Data Downloads by Reporting Period - Attachment 25: Jan-Dec 2000 Waste 

(Annual O&G, with Marcellus)
Memorandum

November 12, 2015

Page 3

APPENDIX A: COPYRIGHTED DATA CLARIFICATION
From: 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.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: 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)