reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.21 - Opportunity for objections and conferences; surface landowners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The surface
						  landowner of the tract on which the proposed well is located may object to the
						  well location based on the assertion that the well location violates section
						  205 of the act (58 P. S. §
														601.205) or
						  on the basis that the information in the application is untrue in a material
						  respect, and request a conference under section 501 of the act (58 P. S. §
														601.501).
(b) The objection and request for a
						  conference shall be filed in writing with the Department within 15 calendar
						  days of receipt of the plat by the surface landowner. The objection shall
						  contain the following:
(1) The name, address
						  and telephone number of the person submitting the objection.
(2) The name of the well operator, and the
						  name and number of the proposed well.
(3) A statement of the objection and a
						  request for a conference if a conference is being requested.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.22 - Objections by owner or operator of coal mine

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator of an operating coal mine or a
							 coal mine already projected and platted, but not yet being operated, may file
							 written objections to a proposed well location with the Department if the
							 following apply:
(1) The well, when
						  drilled, would penetrate within the outside coal boundaries of such a mine or
						  within 1,000 feet beyond the boundaries.
(2) In the opinion of the owner or operator,
						  the well will unduly interfere with or endanger the mine or persons working in
						  the mine.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.23 - Time for filing objections by owner or operator of coal mine

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A coal mine owner or operator who objects
						  to a proposed gas well for financial considerations, and wishes to go before a
						  panel with an objection over which the panel has jurisdiction, shall file
						  objections to a proposed gas well within 10-calendar days of the receipt of the
						  plat.
(b) A coal mine owner or
						  operator who does not wish to go before a panel with an objection over which
						  the panel has jurisdiction, or who is not raising financial objections to the
						  proposed gas well, shall file objections to a proposed oil or gas well within
						  15 calendar days of the receipt of the plat.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.24 - Information to be provided with objections by owner or operator of coal mine

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The objections
						  shall be filed in writing and shall contain the following information, if
						  applicable:
(1) The name, address and
						  telephone number of the person filing the objection, and the date on which a
						  copy of the plat was received.
(2)
						  The name and address of the applicant for the well permit and the name and
						  number of the well.
(3) The type of
						  well-for example, oil, gas, injection and the like-that is the subject of the
						  objections.
(4) The location of the
						  well in relation to the coal owned or operated by the objecting
						  party.
(5) The area through which
						  the well will be drilled, specifically:
(i)
						  Whether the well will be drilled through a mining area that is projected,
						  platted or permitted, but not yet being operated.
(ii) Whether the well will be drilled through
						  a perimeter area.
(iii) Whether the
						  well will penetrate a workable coal seam.
(iv) Whether the well will be located above
						  an active mine.
(v) Whether the
						  well will penetrate an operating mine.
(6) A copy of the plans, maps or projections
						  of the mining area underlying the proposed gas well showing the location of the
						  proposed well.
(7) Whether the
						  owner or operator believes that the well will pose undue interference or
						  endangerment to the mine, and the nature of the threat.
(8) The financial impact posed by the well,
						  to which objections may be heard by a panel under §
														78.30 (relating to jurisdiction of
						  panel).
(9) Whether the well will
						  violate the act, the Coal and Gas Resource Coordination Act (58 P. S.
						  §§
															501-518) or another applicable
						  law administered by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.25 - Conferences-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a timely
						  objection to the location is filed by the coal owner or operator under
						  §§
													78.22-78.24 (relating to objections by
						  owner or operator of coal mine; time for filing objections by owner or operator
						  of coal mine; and information to be provided with objections by owner or
						  operator of coal mine), or if objections are made by the Department, the
						  Department will fix a time and place for a conference within 10 calendar days
						  from the date of service of the objections upon the well operator, unless all
						  parties agree to an extension of time for the conference.
(b) The Department may decide not to hold a
						  conference if it determines that the objections are not valid or if the
						  objection is resolved.
(c) The
						  Department will attempt to schedule the conference as late as possible in the
						  10-day period if the well is subject to the Coal and Gas Resource Coordination
						  Act (58 P. S. §§
														501-518). The Department will not schedule a
						  conference under section 202 of the act (58 P. S. §
														601.202) if it receives written notice that
						  the gas well operator or the coal mine owner or operator has made a written
						  request to convene a panel to resolve objections to the location of a gas well
						  over which a panel has jurisdiction in accordance with §§
						  78.29-78.33.
(d) The conference
						  shall be governed by §§
													78.26-78.28 (relating to agreement at
						  conference; continuation of conference; and final action if objections do not
						  proceed to panel).
(e) The
						  Department or a person having a direct interest in the subject matter of the
						  act may request a conference any time to attempt to resolve by mutual agreement
						  a matter arising under the act.
This section cited in 25 Pa. Code §
															78.30 (relating to jurisdiction of
								panel).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.26 - Agreement at conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  parties reach an agreement at the conference, and if the Department approves
						  the location, the Department will cause the agreement to be reduced to
						  writing.
(b) If the Department does
						  not reject the agreement within 10 calendar days after the agreement is reduced
						  to writing, the agreement becomes effective.
(c) An agreement reached at the conference
						  shall be consistent with the requirements of the act and applicable statutes.
						  An agreement that is not in accordance with the act, the Coal and Gas Resource
						  Coordination Act (58 P. S. §§
														501-518) and applicable law shall be deemed
						  to be null and void.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.27 - Continuation of conference

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may continue the conference for good
							 cause. Good cause includes one or more of the following:
(1) The need for supplemental data, maps or
						  surveys.
(2) The need to verify
						  that the agreement or a proposed well location is consistent with the
						  requirements of the act, the Coal and Gas Resource Coordination Act
						  (58
						  P.S. §§
														501-518) and other
						  applicable requirements.
(3) The
						  need for the presence of essential witnesses whose unavailability is due to
						  good cause.
(4) The need for
						  further investigation into the allegations that are the basis for the
						  objections.
(5) Agreement by all
						  parties that a continuance is beneficial to the resolution of the
						  objections.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.28 - Final action if objections do not proceed to panel

Current through Register Vol. 54, No. 28, July 13, 2024
If the panel does not have jurisdiction of the
							 objections, under §
													78.30 (relating to jurisdiction of
							 panel), or if the panel has jurisdiction but the parties choose not to proceed
							 to a panel, the Department may proceed to issue or deny the permit, under
							 sections 201 and 202 of the act (58 P. S. §§
														601.201 and
							 601.202). No permit will be
							 issued for a well at a location that in the opinion of the Department would
							 endanger the safety of persons working in a coal mine.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.29 - Composition of panel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the gas
						  well operator and the objecting coal owner or operator are unable to agree upon
						  a drilling location, and the gas well is subject to the jurisdiction of a panel
						  under §
													78.30 (relating to jurisdiction of
						  panel), the well operator or a coal owner or operator may convene a
						  panel.
(b) The panel shall consist
						  of one person selected by the objecting coal owners or operators, a second
						  person selected by the permit applicant and a third selected by these
						  two.
(c) The parties shall submit
						  their positions to the panel within such time as the panel prescribes, in
						  accordance with section 12 of the Coal and Gas Resource Coordination Act
						  (58
						  P. S. §
														512).
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.30 - Jurisdiction of panel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A panel
						  shall hear objections by the owner or operator of the coal mining area only if
						  the proposed gas well is not subject to the Oil and Gas Conservation Law
						  (58
						  P. S. §§
														401-419) and one of the
						  following applies:
(1) The well will be
						  drilled through an area that is projected and permitted, but not yet being
						  operated.
(2) The well will be
						  drilled through a perimeter area.
(3) The well will penetrate a workable coal
						  seam, and will be located above an active mine, but will not penetrate an
						  operating mine.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.31 - Scheduling of meeting by the panel

Current through Register Vol. 54, No. 28, July 13, 2024
The panel shall convene a meeting within 10-calendar
							 days of the panel chairperson's receipt of a written request to do so by the
							 permit applicant or by the objecting coal owner or operator.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general); and 25 Pa. Code §
															78.32 (relating to recommendation
								by the panel).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.32 - Recommendation by the panel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  panel shall make its recommendation of where the proposed well should be
						  located, based upon the financial considerations of the parties.
(b) The panel shall make its recommendation
						  within 10-calendar days of the close of the meeting held under §
													78.31 (relating to scheduling of
						  meeting by the panel).
(c) If the
						  Department determines that the first recommended location endangers a mine or
						  the public, it will reject the location and notify the panel to make another
						  recommendation. The panel shall submit another recommended location to the
						  Department within 10 calendar days of the Department's notification.
(d) If the Department determines that the
						  second recommended location endangers a mine or the public, the Department may
						  designate a location where it has determined that the well will not unduly
						  interfere with or endanger the mine or the public and issue a permit for the
						  well at that designated location. However, if the Department has not designated
						  such a location, and if the Department determines that a well drilled at any
						  proposed or panel-recommended alternate location will unduly interfere with or
						  endanger the mine or the public, it will deny the permit.
(e) No permit will be issued for a well at a
						  location that would, in the opinion of the Department, endanger the safety of
						  persons working in a coal mine.
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78.33 - Effect of panel on time for permit issuance

Current through Register Vol. 54, No. 28, July 13, 2024
The period of time during which the objections are
							 being considered by a full panel is not included in the 45-day period for the
							 issuance or denial of a permit under section 201(e) of the act (58 P.S. §
														601.201(e)).
This section cited in 25 Pa. Code §
															78.25 (relating to
								conferences-general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.51 - Protection of water supplies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						well operator who affects a public or private water supply by pollution or
						diminution shall restore or replace the affected supply with an alternate
						source of water adequate in quantity and quality for the purposes served by the
						supply as determined by the Department.
(b) A landowner, water purveyor or affected
						person suffering pollution or diminution of a water supply as a result of
						drilling, altering or operating an oil or gas well may so notify the Department
						and request that an investigation be conducted. The notice and request must
						include the following:
(1) The name, address
						and telephone number of the person requesting the investigation.
(2) The type, location and use of the water
						supply.
(3) Available background
						quality and quantity data regarding the water supply, if known.
(4) Well depth, pump setting and water level,
						if known.
(5) A description of the
						pollution or diminution.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.52 - Predrilling or prealteration survey

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A well operator who wishes to preserve
						its defense under section 208(d)(1) of the act (58 P. S. §
													601.208(d)(1)) that the
						pollution of a water supply existed prior to the drilling or alteration of the
						well shall conduct a predrilling or prealteration survey in accordance with
						this section.
(b) A person who
						wishes to document the quality of a water supply to support a future claim that
						the drilling or alteration of the well affected the water supply by pollution
						may conduct a predrilling or prealteration survey in accordance with this
						section.
(c) The survey shall be
						conducted by an independent certified laboratory. A person independent of the
						well owner or well operator, other than an employee of the certified
						laboratory, may collect the sample and document the condition of the water
						supply, if the certified laboratory affirms that the sampling and documentation
						is performed in accordance with the laboratory's approved sample collection,
						preservation and handling procedure and chain of custody.
(d) An operator electing to preserve its
						defenses under section 208(d)(1) of the act shall provide a copy of the results
						of the survey to the Department and the landowner or water purveyor within
						10-business days of receipt of the results. Test results not received by the
						Department within 10 business days may not be used to preserve the operator's
						defenses under section 208(d)(1) of the act.
(e) The report describing the results of the
						survey must contain the following information:
(1) The location of the water supply and the
						name of the surface landowner or water purveyor.
(2) The date of the survey, and the name of
						the certified laboratory and the person who conducted the survey.
(3) A description of where and how the sample
						was collected.
(4) A description of
						the type and age, if known, of the water supply, and treatment, if
						any.
(5) The name of the well
						operator, name and number of well to be drilled and permit number if
						known.
(6) The results of the
						laboratory analysis.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.53 - Erosion and sediment control

Current through Register Vol. 54, No. 28, July 13, 2024
During and after earthmoving or soil disturbing
						  activities, including the activities related to siting, drilling, completing,
						  producing, servicing and plugging the well, constructing, utilizing and
						  restoring the access road and restoring the site, the operator shall design,
						  implement and maintain best management practices in accordance with Chapter 102
						  (relating to erosion and sediment control) and an erosion and sediment control
						  plan prepared under that chapter. Best management practices for oil and gas
						  well operations are listed in the
Oil And Gas Operators Manual
, Commonwealth of Pennsylvania, Department of Environmental Protection,
						  Guidance No. 550-0300-001 (April 1997), as amended and updated.
This section cited in 25 Pa. Code §
														78.18 (relating to disposal and
							 enhanced recovery well permits); 25 Pa. Code §
														78.57 (relating to control,
							 storage and disposal of production fluids); 25 Pa. Code §
														78.60 (relating to discharge
							 requirements); 25 Pa. Code §
														78.61 (relating to disposal of
							 drill cuttings); 25 Pa. Code §
														78.62 (relating to disposal of
							 residual waste-pits); and 25 Pa. Code §
														78.63 (relating to disposal of
							 residual waste-land application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.54 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The well operator shall control and dispose of fluids,
						  residual waste and drill cuttings, including tophole water, brines, drilling
						  fluids, drilling muds, stimulation fluids, well servicing fluids, oil,
						  production fluids and drill cuttings in a manner that prevents pollution of the
						  waters of this Commonwealth and in accordance with §§
												78.55-78.58 and
						  78.60-78.63 and with the statutes under
						  which this chapter is promulgated.
This section cited in 25 Pa. Code §
														78.55 (relating to control and
							 disposal planning).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.57 - Control, storage and disposal of production fluids

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless a permit has been obtained under
						§
												78.60(a)
						(relating to discharge requirements), the operator shall collect the brine and
						other fluids produced during operation, service and plugging of the well in a
						tank, pit or a series of pits or tanks, or other device approved by the
						Department for subsequent disposal or reuse. Except as allowed in this
						subchapter or otherwise approved by the Department, the operator may not
						discharge the brine and other fluids on or into the ground or into the waters
						of this Commonwealth.
(b) Except as
						provided in §
												78.56 (relating to pits and tanks
						for temporary containment), the operator may not use a pit for the control,
						handling or storage of brine and other fluids produced during operation,
						service or plugging of a well unless the pit is authorized by a permit under
						The Clean Streams Law (35 P.S. §§
													691.1-691.1001) or approval to operate the
						pit as an impoundment under The Clean Streams Law is obtained from the
						Department under subsection (c).
(c) The operator may apply for approval from
						the Department to operate a pit as an impoundment under The Clean Streams Law,
						as indicated by the Department's issuance of a pit approval number in
						accordance with this section. No pit will be eligible for approval under this
						subsection unless the capacity of any one pit or of any two or more
						interconnected pits is less than 250,000 gallons, or the total capacity
						contained in pits on one tract or related tracts of land is less than 500,000
						gallons. Compliance with this subsection does not relieve the operator from the
						obligation to comply with section 308 of The Clean Streams Law (35 P.S. §
													691.308) and the requirements for obtaining a
						permit for the erection, construction and operation of treatment works
						promulgated under that section.
(1) A request
						for approval under this subsection shall be made on forms furnished by the
						Department and, at a minimum, shall include the following:
(i) A description of the operator's plan that
						demonstrates compliance with this subsection for the construction or
						reconstruction of the pit.
(ii) A
						description of the operator's program for operation and maintenance of the
						pit.
(iii) A description of the
						method for subsequent disposal or reuse of the brine or other fluids produced
						during operation of the well.
(iv)
						A description of the operator's program for the closure of the pit and
						restoration of the site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.58 - Existing pits used for the control, storage and disposal of production fluids

Current through Register Vol. 54, No. 28, July 13, 2024
For pits in existence on July 29, 1989, the operator
						  may request approval for an alternate method of satisfying the requirements of
						  §
												78.57(c)(2)(iii)
						  (relating to control, storage and disposal of production fluids), the angle of
						  slope requirements of §
												78.57(c)(2)(v) 
						  and the liner requirement of §
												78.57(c)(2)(vi)-(viii)
						  by affirmatively demonstrating to the Department's satisfaction, by the use of
						  monitoring wells or other methods approved by the Department, that the pit is
						  impermeable and that the method will provide protection equivalent or superior
						  to that provided by §
												78.57. The operator shall request
						  approval under § 78.57(c)(1).
This section cited in 25 Pa. Code §
														78.54 (relating to general
							 requirements); 25 Pa. Code §
														78.55 (relating to control and
							 disposal planning); and 25 Pa. Code §
														78.56 (relating to pits and tanks
							 for temporary containment).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.60 - Discharge requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						owner and operator may not cause or allow a discharge of a substance to the
						waters of this Commonwealth unless the discharge complies with this subchapter
						and Chapters 91-93, 95 and 102, The Clean Streams Law (35 P.S.
						§§
													691.1-691.1001) and the
						act.
(b) The owner and operator may
						not discharge tophole water or water in a pit as a result of precipitation by
						land application unless the discharge is in accordance with the following
						requirements:
(1) No additives, drilling
						muds, pollutional materials or drilling fluids other than gases or fresh water
						have been added to or are contained in the water, unless otherwise approved by
						the Department.
(2) The pH is not
						less than 6 nor greater than 9 standard units, or is characteristic of the
						natural background quality of the groundwater.
(3) The specific conductance of the discharge
						is less than 1,000 µmHos/cm.
(4) There is no sheen from oil and
						grease.
(5) The discharge water
						shall be spread over an undisturbed, vegetated area capable of absorbing the
						tophole water and filtering solids in the discharge, and spread in a manner
						that prevents a direct discharge to surface waters and complies with §
													78.53 (relating to erosion and
						sedimentation control).
(6) Upon
						completion, the area complies with § 78.53.
(7) The area of land application is not
						within 200 feet of a water supply or within 100 feet of a stream, body of water
						or a wetland unless approved as part of a waiver granted by the Department
						under section 205(b) of the act (58 P.S. §
														601.205(b)).
(8) If the water does not meet the
						requirements of paragraph (2) or (4), the Department may approve treatment
						prior to discharge to the land surface.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.61 - Disposal of drill cuttings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Drill cuttings from above the casing seat-pits.
The owner or
						operator may dispose of drill cuttings from above the casing seat determined in
						accordance with §
												78.83(b)
						(relating to surface and coal protective casing and cementing procedures) in a
						pit at the well site if the owner or operator satisfies the following
						requirements:
(1) The drill cuttings are
						generated from the well at the well site.
(2) The drill cuttings are not contaminated
						with pollutional material, including brines, drilling muds, stimulation fluids,
						well servicing fluids, oil, production fluids or drilling fluids other than
						tophole water, fresh water or gases.
(3) The disposal area is not within 100 feet
						of a stream, body of water or wetland unless approved as part of a waiver
						granted by the Department under section 205(b) of the act (58 P.S. §
														601.205(b)).
(4) The disposal area is not within 200 feet
						of a water supply.
(5) The pit is
						designed, constructed and maintained to be structurally sound.
(6) The free liquid fraction of the waste
						shall be removed and disposed under §
													78.60 (relating to discharge
						requirements).
(7) The pit shall be
						backfilled to the ground surface and graded to promote runoff with no
						depression that would accumulate or pond water on the surface. The stability of
						the backfilled pit shall be compatible with the adjacent land.
(8) The surface of the backfilled pit area
						shall be revegetated to stabilize the soil surface and comply with §
													78.53 (relating to erosion and
						sedimentation control). The revegetation shall establish a diverse, effective,
						permanent, vegetative cover which is capable of self-regeneration and plant
						succession. Where vegetation would interfere with the intended use of the
						surface of the landowner, the surface shall be stabilized against
						erosion.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.64 - Containment around oil tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						an owner or operator uses a tank with a capacity of at least 660 gallons or
						tanks with a combined capacity of at least 1,320 gallons to contain oil
						produced from a well, the owner or operator shall construct and maintain a dike
						or other method of secondary containment which satisfies the requirements under
						40 CFR
						112 (relating to oil pollution prevention)
						around the tank or tanks which will prevent the tank contents from entering
						waters of this Commonwealth.
(b)
						The containment area provided by the dikes or other method of secondary
						containment shall have containment capacity sufficient to hold the volume of
						the largest single tank, plus a reasonable allowance for precipitation based on
						local weather conditions and facility operation.
(c) Prior to drainage of accumulated
						precipitation from containment structures, the containment area shall be
						inspected and accumulations of oil picked up and returned to the tank or
						disposed of in accordance with approved methods.
(d) After complying with subsection (c),
						drainage of containment facilities is acceptable if:
(1) The accumulation in the containment
						facility consists of only precipitation directly to the containment facility
						and drainage will not cause a harmful discharge or result in a sheen.
(2) The containment drain valve is opened and
						resealed, or other drainage procedure, as applicable, is conducted under
						responsible supervision.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.65 - Site restoration

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to complying with section 206 of the act
						  (58
						  P. S. §
													601.206), an owner or operator
						  shall meet the following requirements:
(1) A drill hole or bore hole used to
						facilitate the drilling of a well shall be filled with cement, soil, drill
						cuttings or other earthen material before moving the drilling equipment from
						the well site.
(2) If a well site
						is constructed and the well is not drilled, the well site shall be restored
						within 30 days after the expiration of the well permit unless the Department
						approves an extension for reasons of adverse weather or lack of essential fuel,
						equipment or labor.
(3) Within 60
						days after the restoration of the well site, the operator shall submit a well
						site restoration report to the Department. The report shall be made on forms
						provided by the Department and shall identify the following:
(i) The date of land application of the
						tophole water, the results of pH and specific conductance tests and an
						estimated volume of discharge.
(ii)
						A description of the method used for disposal or reuse of the free liquid
						fraction of the waste, and the name of the hauler and disposal facility, if
						any.
(iii) The location of the pit
						in relation to the well, the depth of the pit, the type and thickness of the
						material used for the pit subbase, the type and thickness of the pit liner, the
						type and nature of the waste, a description of the pit closure procedures used
						and the pit dimensions.
(iv) The
						location of the area used for land application of the waste, and the results of
						a chemical analysis of the waste soil mixture if requested by the
						Department.
(v) The types and
						volumes of waste produced and the name and address of the waste disposal
						facility and waste hauler used to dispose of the waste.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.66 - Reporting releases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						release of a substance causing or threatening pollution of the waters of this
						Commonwealth, shall comply with the reporting and corrective action
						requirements of §
												91.33 (relating to incidents
						causing or threatening pollution).
(b) If a reportable release of brine on or
						into the ground occurs at the well site, the owner or operator shall notify the
						appropriate regional office of the Department as soon as practicable, but no
						later than 2 hours after detecting or discovering the release.
(c) The notice required by subsection (b)
						shall be by telephone and describe:
(1) The
						name, address and telephone number of the company and person reporting the
						incident.
(2) The date and time of
						the incident or when it was detected.
(3) The location and cause of the
						incident.
(4) The quantity of the
						brine released.
(5) Available
						information concerning the contamination of surface water, groundwater or
						soil.
(6) Remedial actions planned,
						initiated or completed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.71 - Use of safety devices-well casing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall equip the well with
						  one or more strings of casing of sufficient cemented length and strength to
						  attach proper well control equipment and prevent blowouts, explosions, fires
						  and casing failures during installation, completion and operation.
(b) The operator shall determine the amount
						  and type of casing to be run and the amount and type of cement to be used in
						  accordance with current prudent industry practices and engineering. In making
						  the determinations, the operator shall consider the following:
(1) Successful local practices for similar
						  wells.
(2) Maximum anticipated
						  surface pressure.
(3) Collapse
						  resistance.
(4) Tensile
						  strength.
(5) Chemical
						  environment.
(6) Potential
						  mechanical damage.
(7)
						  Manufacturing standards, including American Petroleum Institute or equivalent
						  specifications for pipe used in wells drilled below the Onondaga formation or
						  where blow-out preventers are required.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.72 - Use of safety devices-blow-out prevention equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall use blow-out
						  prevention equipment after setting casing with a competent casing seat in the
						  following circumstances:
(1) When drilling
						  out solid core hydraulic fracturing plugs to complete a well.
(2) When well head pressures or natural open
						  flows are anticipated at the well site that may result in a loss of well
						  control.
(3) When the operator is
						  drilling in an area where there is no prior knowledge of the pressures or
						  natural open flows to be encountered.
(4) On wells regulated by the Oil and Gas
						  Conservation Law (58 P.S. §§
															401-419).
(5) When drilling within 200 feet of a
						  building.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.73 - General provision for well construction and operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall construct and operate
						  the well in accordance with this chapter and ensure that the integrity of the
						  well is maintained and health, safety, environment and property are
						  protected.
(b) The operator shall
						  prevent gas, oil, brine, completion and servicing fluids, and any other fluids
						  or materials from below the casing seat from entering fresh groundwater, and
						  shall otherwise prevent pollution or diminution of fresh groundwater.
(c) After a well has been completed,
						  recompleted, reconditioned or altered the operator shall prevent surface
						  shut-in pressure and surface producing back pressure inside the surface casing
						  or coal protective casing from exceeding the following pressure: 80% multiplied
						  by 0.433 psi per foot multiplied by the casing length (in feet) of the
						  applicable casing.
(d) After a well
						  has been completed, recompleted, reconditioned or altered, if the surface
						  shut-in pressure or surface producing back pressure exceeds the pressure as
						  calculated in subsection (c), the operator shall take action to prevent the
						  migration of gas and other fluids from lower formations into fresh groundwater.
						  To meet this standard the operator may cement or install on a packer sufficient
						  intermediate or production casing or take other actions approved by the
						  Department. This section does not apply during testing for mechanical integrity
						  in accordance with State or Federal requirements.
(e) Excess gas encountered during drilling,
						  completion or stimulation shall be flared, captured or diverted away from the
						  drilling rig in a manner that does not create a hazard to the public health or
						  safety.
(f) Except for gas storage
						  wells, the well must be equipped with a check valve to prevent backflow from
						  the pipelines into the well.
This section cited in 25 Pa. Code §
															78.83 (relating to surface and
								coal protective casing and cementing procedures); 25 Pa. Code §
															78.83b (relating to casing and
								cementing-lost circulation); and 25 Pa. Code §
															78.88 (relating to mechanical
								integrity of operating wells).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.74 - Venting of gas

Current through Register Vol. 54, No. 28, July 13, 2024
The venting of gas to the atmosphere from a well is
							 prohibited when the venting produces a hazard to the public health and safety.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.75 - Alternative methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A well
						  operator may request approval from the Department to use an alternative method
						  or material for the casing, plugging or equipping of a well under section 211
						  of the act (58 P.S. §
														601.211).
(b) A well operator seeking approval under
						  this section shall file an application with the Department on forms furnished
						  by the Department. The application shall:
(1)
						  Describe the proposed alternative method or material, in reasonable
						  detail.
(2) Indicate the manner in
						  which the alternative will satisfy the goals of the act and this
						  chapter.
(3) Include a drawing or
						  schematic of the alternative method, if appropriate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.75a - Area of alternative methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may designate an area of
						  alternative methods if the Department determines that well drilling
						  requirements beyond those provided in this chapter are necessary to drill,
						  operate or plug a well in a safe and environmentally protective
						  manner.
(b) To establish an area of
						  alternative methods, the Department will publish a notice in the
Pennsylvania Bulletin
of the proposed area of alternative methods and
						  provide the public with an opportunity to comment on the proposal. After
						  reviewing any comments received on the proposal, the Department will publish a
						  final designation of the area and required alternative methods in the
Pennsylvania Bulletin
.
(c) Wells drilled within an area of
						  alternative methods established under subsection (b) must meet the requirements
						  specified by the Department unless the operator obtains approval from the
						  Department to drill, operate or plug the well in a different manner that is at
						  least as safe and protective of the environment as the requirements of the area
						  of alternative methods.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78.76 - Drilling within a gas storage reservoir area

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator proposing to drill a well
						  within a gas storage reservoir area or a reservoir protective area to produce
						  gas or oil shall forward by certified mail a copy of the well location plat,
						  the drilling, casing and cementing plan and the anticipated date drilling will
						  commence to the gas storage reservoir operator and to the Department for
						  approval by the Department and shall submit proof of notification to the gas
						  storage reservoir operator to the Department with the well permit
						  application.
(b) The storage
						  operator may file an objection with the Department to the drilling, casing and
						  cementing plan or the proposed well location within 15 days of receipt of the
						  notification and request a conference in accordance with section 501 of the act
						  (58
						  P. S. §
														601.501).