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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 well within 15 calendar
						  days of the receipt of the plat.
This section cited in 25 Pa. Code §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 must 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 §
														78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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
						  §§
													78a.22-78a.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 3212 of the act (relating to permit objections) 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 §§ 78a.29-78a.33.
(d) The conference will be governed by
						  §§
													78a.26-78a.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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 over the
							 objections, under §
													78a.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 3211 and 3212 of the act (relating to well permits; and permit
							 objections). 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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 §
													78a.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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 §
															78a.25 (relating to
								conferences-general); 25 Pa. Code §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 §
													78a.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 §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.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 will not be included in the 45-day period for
							 the issuance or denial of a permit under section 3211(e) of the act (relating
							 to well permits).
This section cited in 25 Pa. Code §
															78a.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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.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 oil
						and gas operations may so notify the Department and request that an
						investigation be conducted. Notice shall be made to the appropriate Department
						regional office or by calling the Department's Statewide toll free number at
						(800) 541-2050. 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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.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 3218(d)(2)(i) of the act (relating to protection of
						water supplies) 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. For the purposes of this section,
						"survey" means all of the predrilling or prealteration water supply samples
						associated with a single well.
(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 Pennsylvania-accredited
						laboratory. A person independent of the well owner or well operator, other than
						an employee of the accredited laboratory, may collect the sample and document
						the condition of the water supply, if the accredited 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 3218(d)(2)(i) of the act shall provide a
						report containing a copy of all the sample results taken as part of the survey
						electronically to the Department on forms provided through its web site 10
						business days prior to the start of drilling of the well that is the subject of
						the survey. The operator shall provide a copy of any sample results to the
						landowner or water purveyor within 10 business days of receipt of the sample
						results. Survey results not received by the Department within 10 business days
						may not be used to preserve the operator's defenses under section 3218(d)(2)(i)
						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 independent Pennsylvania-accredited laboratory and the person who conducted
						the survey.
(3) A description of
						where and how the samples were 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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.52a - Area of review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						operator shall identify the surface and bottom hole locations of any of the
						following having well bore paths within 1,000 feet measured horizontally from
						the vertical well bore and 1,000 feet measured from the surface above the
						entire length of a horizontal well bore:
(1)
						Active wells.
(2) Inactive
						wells.
(3) Orphan wells.
(4) Abandoned wells.
(5) Plugged and abandoned wells.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.53 - Erosion and sediment control and stormwater management

Current through Register Vol. 54, No. 28, July 13, 2024
Any person proposing or conducting earth disturbance
						  activities associated with oil and gas operations shall comply with Chapter 102
						  (relating to erosion and sediment control). Best management practices for
						  erosion and sediment control and stormwater management for oil and gas
						  operations are listed in the
Erosion and Sediment Pollution Control
						  Program Manual
, Commonwealth of Pennsylvania, Department of
						  Environmental Protection, No. 363-2134-008, as amended and updated, the
Pennsylvania Stormwater Best Management Practices Manual
,
						  Commonwealth of Pennsylvania, Department of Environmental Protection, No.
						  363-0300-002, as amended and updated, the
Oil and Gas Operators
						  Manual
, Commonwealth of Pennsylvania, Department of Environmental
						  Protection, No. 550-0300-001, as amended and updated, and
Riparian
						  Forest Buffer Guidance
, Commonwealth of Pennsylvania, Department of
						  Environmental Protection, No. 395-5600-001, as amended and updated.
This section cited in 25 Pa. Code §
														78a.60 (relating to discharge
							 requirements); and 25 Pa. Code §
														78a.61 (relating to disposal of
							 drill cuttings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.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 the Commonwealth and in accordance with §§
												78a.55-78a.58 and
						  78a.60-78a.63 and with the statutes under
						  which this chapter is promulgated.
This section cited in 25 Pa. Code §
														78a.55 (relating to control and
							 disposal planning; emergency response for unconventional
							 wells).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.58 - Onsite processing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						operator may request approval by the Department to process fluids generated by
						the development, drilling, stimulation, alteration, operation or plugging of
						oil or gas wells or mine influenced water at the well site where the fluids
						were generated or at the well site where all of the fluid is intended to be
						beneficially used to develop, drill or stimulate a well. The request shall be
						submitted on forms provided by the Department and demonstrate that the
						processing operation will not result in pollution of land or waters of the
						Commonwealth.
(b) Approval from the
						Department is not required for the following activities conducted at a well
						site:
(1) Mixing fluids with
						freshwater.
(2) Aerating
						fluids.
(3) Filtering solids from
						fluids.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.59c - Centralized impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						operator using a centralized impoundment as of October 8, 2016, shall close the
						centralized impoundment in accordance with this section or obtain a permit in
						accordance with Subpart D, Article IX (relating to residual waste management).
						The closure plan shall be submitted electronically to the Department through
						its web site for review and approval no later than April 8, 2017. The operator
						shall properly close the centralized impoundment in accordance with the
						approved plan or obtain a permit in accordance with Subpart D, Article IX no
						later than October 8, 2019.
(b) The
						closure plan must provide for the following:
(1) Removal of any impermeable membrane,
						concrete and earthen liner so that water movement to subsoils is
						achieved.
(2) Restoration of the
						site to approximate original conditions, including preconstruction contours,
						and backfilling the impoundment to above finished grade to allow for settlement
						of fill and so the impoundment will no longer impound water.
(3) A plan for the removal of equipment,
						structures, wastes and related material from the facility.
(4) An estimate of when final closure will
						occur, including an explanation of the basis for the estimate.
(5) A description of the steps necessary for
						closure of the facility.
(6) A
						narrative description, including a schedule of measures that are proposed to be
						carried out in preparation for closure and after closure at the facility,
						including measures relating to the following:
(i) Water quality monitoring including, but
						not limited to, analyses of samples from the monitoring wells that were
						installed at the time of the construction of the centralized
						impoundment.
(ii) A soil sampling
						plan that explains how the operator will analyze the soil beneath the
						impoundment's liners. Analysis shall be based on a grid pattern or other method
						approved by the Department. Any spills or leaks detected shall be reported and
						remediated in accordance with §
														78a.66 (relating to reporting and
						remediating spills and releases) prior to impoundment closure.
(iii) Compliance with Chapter 102 (relating
						to erosion and sediment control) including erosion and sediment control and
						PCSM.
(iv) Access control,
						including maintenance of access control.
(v) The name, address and telephone number at
						which the operator may be reached.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.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, fill or
						dredged material to the waters of the Commonwealth unless the discharge
						complies with this subchapter and Chapters 91, 92a, 93, 95, 102 and 105, The
						Clean Streams Law (35 P.S. §§
													691.1-691.1001), the Dam Safety and
						Encroachments Act (32 P.S. §§
													693.1-693.27) 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,
						regulated substances 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 §
													78a.53 (relating to erosion and
						sediment control and stormwater management).
(6) Upon completion, the area complies with
						§ 78a.53.
(7) The area of land
						application is not within 200 feet of a water supply or within 100 feet of a
						watercourse or body of water or within the floodplain.
(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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.61 - Disposal of drill cuttings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Drill cuttings from above the surface casing seat-pits.
The
						owner or operator may dispose of drill cuttings from above the surface casing
						seat determined in accordance with §
												78a.83(c)
						(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 a regulated substance, 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 watercourse or body of water or within the floodplain.
(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 §
													78a.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 must 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 §
													78a.53 (relating to erosion and
						sediment control and stormwater management). 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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.62 - Disposal of residual waste-pits

Current through Register Vol. 54, No. 28, July 13, 2024
An owner or operator proposing to dispose of residual
						  waste, including contaminated drill cuttings, in a pit at the well site shall
						  obtain a residual waste pit disposal permit issued under this chapter prior to
						  constructing the waste disposal pit.
This section cited in 25 Pa. Code §
														78a.54 (relating to general
							 requirements); 25 Pa. Code §
														78a.61 (relating to disposal of
							 drill cuttings); and 25 Pa. Code §
														78a.63a (relating to alternative
							 waste management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.63 - Disposal of residual waste-land application

Current through Register Vol. 54, No. 28, July 13, 2024
An owner or operator proposing disposal of residual
						  waste, including contaminated drill cuttings, at the well site by land
						  application shall obtain a residual waste land application permit issued under
						  this chapter prior to land application of the waste.
This section cited in 25 Pa. Code §
														78a.54 (relating to general
							 requirements); 25 Pa. Code §
														78a.61 (relating to disposal of
							 drill cuttings); and 25 Pa. Code §
														78a.63a (relating to alternative
							 waste management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.63a - Alternative waste management

Current through Register Vol. 54, No. 28, July 13, 2024
An operator seeking to manage waste on a well site in
						  any manner other than provided in §§
												78a.56-78a.58,
						  78a.59a,
						  78a.59b,
						  78a.59c and
						  78a.60-78a.63 shall submit a request
						  electronically to the Department through its web site describing the alternate
						  management practice and shall demonstrate that the practice provides equivalent
						  or superior protection to the requirements in these sections.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.64 - Secondary containment around oil and condensate tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an owner or operator uses a tank or
						tanks with a combined capacity of at least 1,320 gallons to contain oil or
						condensate 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 Part 112 (relating to oil pollution prevention)
						around the tank or tanks which will prevent the tank contents from entering
						waters of the Commonwealth.
(b) The
						secondary containment provided by the dikes or other method of secondary
						containment must 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 secondary containment, the secondary containment 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 secondary containment is acceptable if:
(1) The accumulation in the secondary
						containment consists of only precipitation directly to the secondary
						containment and drainage will not cause a harmful discharge or result in a
						sheen.
(2) The secondary
						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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.64a - Secondary containment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Well
						sites shall be designed and constructed using secondary containment.
(b) All regulated substances, including solid
						wastes and other regulated substances in equipment or vehicles, shall be
						managed within secondary containment. This subsection does not apply to fuel
						stored in equipment or vehicle fuel tanks unless the equipment or vehicle is
						being refueled at the well site.
(c) Secondary containment must meet all of
						the following:
(1) Secondary containment must
						be used on the well site when any equipment that will be used for any phase of
						drilling, casing, cementing, hydraulic fracturing or flowback operations is
						brought onto a well site and when regulated substances including drilling mud,
						drilling mud additives, hydraulic oil, diesel fuel, hydraulic fracturing
						additives or flowback are brought onto or generated at the well site.
(2) Secondary containment must have a
						coefficient of permeability no greater than 1 x
						10-10 cm/sec.
(3) The physical and chemical characteristics
						of all liners, coatings or other materials used as part of the secondary
						containment, that could potentially come into direct contact with regulated
						substances being stored, must be compatible with the regulated substance and be
						resistant to physical, chemical and other failure during handling, installation
						and use. Liner compatibility must satisfy compatibility test methods as
						approved 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 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.65 - Site restoration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Restoration.
The owner or operator shall restore land surface
						areas disturbed to construct the well site as follows:
(1)
Post-drilling.
Within 9
						months after completion of drilling a well, the owner or operator shall
						undertake post-drilling restoration of the well site in accordance with a
						restoration plan developed in accordance with subsection (b) and remove all
						drilling supplies, equipment, primary containment and secondary containment not
						necessary for production or needed to safely operate the well.
(i) When multiple wells are drilled or
						permitted to be drilled on a single well site, post-drilling restoration is
						required within 9 months after completion of drilling all permitted wells on
						the well site or 9 months after the expiration of all existing well permits on
						the well site, whichever is later.
(ii) A drill hole or bore hole used to
						facilitate the drilling of a well shall be filled with cement, soil,
						uncontaminated drill cuttings or other earthen material before moving the
						drilling equipment from the well site.
(iii) Drilling supplies and equipment not
						needed for production may only be stored on the well site if express written
						consent of the surface landowner is obtained and the supplies or equipment are
						maintained in accordance with §
														78a.64a (relating to secondary
						containment).
(iv) The areas
						necessary to safely operate the well include the following:
(A) Areas used for service vehicle and rig
						access.
(B) Areas used for storage
						tanks and secondary containment.
(C) Areas used for wellheads and appurtenant
						oil and gas processing facilities.
(D) Areas used for any necessary safety
						buffer limited to the area surrounding equipment that is physically cordoned
						off to protect the facilities.
(E)
						Areas used to store any supplies or equipment consented to by the surface
						landowner.
(F) Areas used for
						operation and maintenance of long-term PCSM best management
						practices.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.66 - Reporting and remediating spills and releases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
This section
						applies to reporting and remediating spills or releases of regulated substances
						on or adjacent to well sites and access roads.
(b)
Reporting releases.
(1) An operator or other responsible party
						shall report the following spills and releases of regulated substances to the
						Department in accordance with paragraph (2):
(i) A spill or release of a regulated
						substance causing or threatening pollution of the waters of the Commonwealth in
						the manner required under §
														91.33 (relating to incidents
						causing or threatening pollution).
(ii) A spill or release of 5 gallons or more
						of a regulated substance over a 24-hour period that is not completely contained
						by secondary containment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.68 - Oil and gas gathering pipelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The requirements of this section apply to
						all earth disturbance activities associated with oil and gas gathering pipeline
						installations and supporting facilities including the construction
						right-of-way, work space areas, pipe storage yards, borrow and disposal areas,
						access roads and other necessary areas identified on the erosion and sediment
						control plan. The construction, installation, use, maintenance, repair and
						removal of oil and gas gathering pipelines under this section shall be
						conducted in accordance with Chapters 102 and 105 (relating to erosion and
						sediment control; and dam safety and waterway management).
(b) Highly visible flagging, markers or signs
						shall be used to identify the shared boundaries of the limit of disturbance,
						wetlands and locations of threatened or endangered species habitat prior to
						land clearing. The flagging, markers or signs shall be maintained throughout
						earth disturbance activities and restoration or PCSM activities.
(c) The operator shall maintain topsoil and
						subsoil during excavation under the following, unless otherwise authorized by
						the Department:
(1) Topsoil and subsoil must
						remain segregated until restoration.
(2) Topsoil and subsoil must be prevented
						from entering watercourses and bodies of water.
(3) Topsoil cannot be used as bedding for
						pipelines.
(4) Native topsoil and
						imported topsoil must be of equal or greater quality to ensure the land is
						capable of supporting the uses that existed prior to earth
						disturbance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.69 - Water management plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
(1) Except as
						provided in paragraph (2), a person may not withdraw or use water from water
						sources within this Commonwealth for drilling or hydraulic fracture stimulation
						of any natural gas well governed by this chapter except in accordance with a
						WMP approved by the Department. The WMP must demonstrate that the withdrawal
						and use of the water sources protects those water sources as required by law
						and protects public health, safety and welfare.
(2) A water purveyor that has a water
						allocation permit or order of confirmation under the act of June 24, 1939 (P.L.
						842, No. 365) (32 P.S. §§
														631-641), known as the Water Rights Law, or a
						safe drinking water permit under the Pennsylvania Safe Drinking Water Act
						(35
						P.S. §§
														721.1-721.17), as
						applicable, is not required to apply for a WMP under this
						section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.70 - Road-spreading of brine for dust control and road stabilization

Current through Register Vol. 54, No. 28, July 13, 2024
Production brines from unconventional wells may not be
						  used for dust suppression and road stabilization.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.70a - Pre-wetting, anti-icing and de-icing

Current through Register Vol. 54, No. 28, July 13, 2024
Production brines from unconventional wells may not be
						  used for pre-wetting, anti-icing and de-icing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78a.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 78a - UNCONVENTIONAL WELLS › Subchapter D - WELL DRILLING, OPERATION AND PLUGGING › GENERAL › Section 78a.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 a
						  well that is intended to produce natural gas from an unconventional
						  formation.
(2) When drilling out
						  solid core hydraulic fracturing plugs to complete a well.
(3) When well head pressures or natural open
						  flows are anticipated at the well site that may result in a loss of well
						  control.
(4) When the operator is
						  drilling in an area where there is no prior knowledge of the pressures or
						  natural open flows to be encountered.
(5) On wells regulated by the Oil and Gas
						  Conservation Law (58 P.S. §§
															401-419).
(6) When drilling within 200 feet of a
						  building.