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Pennsylvania Bulletin Listings

ENVIRONMENTAL QUALITY BOARD Unconventional Well Permit Application Fee Amendments
Guidance on Notification Requirements for Spills, Discharges, and other Incidents
Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations
Uniontown Compressor Station renewal Synthetic Minor State Only Operating Permit

eFACTS Listings

RONCO RW General Permit Renewal, Fac (New)
TEXAS EASTERN TRANS FAYETTE CNTY GP-05 Utility Line Stream Crossings (New)

Price of Natural Gas
Notes




Source: Pennsylvania Bulletin

RULES AND REGULATIONS
Title 25—ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CH. 78A ]
Unconventional Well Permit Application Fee Amendments
[50 Pa.B. 3845]
[Saturday, August 1, 2020]

 The Environmental Quality Board (Board) amends §§ 78a.1 and 78a.19 (relating to definitions; and permit application fee schedule) to read as set forth in Annex A. This final-form rulemaking satisfies the obligation of the Department of Environmental Protection (Department), as specified in §§ 78.19(e) and 78a.19(b), to provide the Board with an evaluation of the well permit application fees in Chapters 78 and 78a (relating to oil and gas wells; and unconventional wells) and recommend regulatory amendments to address any disparity between the income generated by well permit application fees and the cost of administering 58 Pa.C.S. Chapter 32 (relating to development) (2012 Oil and Gas Act) by the Department's Office of Oil and Gas Management (Oil and Gas Program or Program). This final-form rulemaking increases the well permit application fees from $5,000 for nonvertical unconventional wells and $4,200 for vertical unconventional wells to $12,500 for all unconventional well permit applications to sustain the Program at current staff levels and operating costs. This final-form rulemaking does not amend the current fees for conventional well permit applications. This final-form rulemaking also removes definitions for ''nonvertical unconventional well'' and ''vertical unconventional well'' related to well permit applications as well permit application fees will now be the same for all unconventional well permit applications.

 This final-form rulemaking was adopted by the Board at its meeting on January 21, 2020.

A. Effective Date

 This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.

B. Contact Persons

 For further information, contact Kurt Klapkowski, Director, Bureau of Oil and Gas Planning and Program Management, Rachel Carson State Office Building, 15th Floor, 400 Market Street, P.O. Box 8765, Harrisburg, PA 17105-8765, (717) 772-2199; or Elizabeth Davis, Assistant Director, Bureau of Regulatory Counsel, P.O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available on the Department's web site at www.dep.pa.gov (select ''Public Participation,'' then ''Environmental Quality Board'').

C. Statutory Authority

 This final-form rulemaking is being made under the authority of 58 Pa.C.S. § 3274 (relating to regulations), which directs the Board to adopt regulations necessary to implement the 2012 Oil and Gas Act; 58 Pa.C.S. § 3211(d) (relating to well permits), which authorizes the Board to establish well permit application fees that bear a reasonable relationship to the cost of administering the 2012 Oil and Gas Act; and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20), which authorizes the Board to promulgate regulations of the Department.

D. Background and Summary

[Sections D-L omitted; for the full text see the link below.]

Annex A
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 A. GENERAL PROVISIONS
§ 78a.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise, or as otherwise provided in this chapter:

*  *  *  *  *

 Nonporous material—Nontoxic earthen mud, drill cuttings, fire clay, gel, cement or equivalent materials approved by the Department that will equally retard the movement of fluids.

 Observation well—A well used to monitor the operational integrity and conditions in a gas storage reservoir, the reservoir protective area, or strata above or below the gas storage horizon.

*  *  *  *  *

 Unconventional well or well—A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.

 WMP—Water management plan—A plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources within this Commonwealth protects those sources, as required under law, and protects public health, safety and welfare.

*  *  *  *  *

Subchapter B. PERMITS, TRANSFERS AND OBJECTIONS
PERMITS AND TRANSFERS
§ 78a.19. Permit application fee schedule.

 (a) An applicant for an unconventional well shall pay a permit application fee of $12,500.

 (b) At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department's cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining.

<http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-31/1027.html>

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Draft Technical Guidance; New Guidance

 DEP ID: 383-4200-003. Title: Guidance on Notification Requirements for Spills, Discharges, and other Incidents of a Substance Causing or Threatening Pollution to Waters of the Commonwealth Under Pennsylvania's Clean Streams Law. Description: The purpose of this document is to provide guidance on the immediate notification requirements for spills, discharges and other incidents of a substance causing or threatening pollution to waters of this Commonwealth.

 Written Comments: Interested persons may submit written comments on this draft TGD through Tuesday, October 6, 2020. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments can be mailed to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

 Contact: Questions regarding this TGD can be directed to Bob Kachonik at rkachonik@pa.gov or (717) 783-3863.

 Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

<http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-32/1080.html>
The actual document is available here:
<http://www.depgreenport.state.pa.us/elibrary/GetDocument?docId=3232161&DocName=GUIDANCE%20ON%20NOTIFICATION%20REQS.%20FOR%20SPILLS%2C%20DISCHARGES%2C%20AND%20OTHER%20INCIDENTS%20OF%20A%20SUBSTANCE%20CAUSING%20OR%20THREATENING%20POLLUTION%20TO%20WATERS%20OF%20THE%20COMMONWEALTH%20UNDER%20PENNSYLVANIA%E2%80%99S%20CLEAN%20STREAMS%20LAW.PDF>

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Final Technical Guidance; Substantive Revisions

 DEP ID: 800-0810-002. Title: Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations. Description: This document provides guidance to well operators for ensuring compliance with legal requirements related to restoration and replacement of private water supplies adversely impacted by unconventional gas operations. This TGD is intended to memorialize existing Department policy relating to the restoration or replacement of private water supplies adversely impacted by unconventional gas operations with a water supply of adequate quantity or quality, or both, for the purposes served by impacted water supply sources under section 3218 of the 2012 Oil and Gas Act (58 Pa.C.S. § 3218 (relating to protection of water supplies)). The final TGD addresses the application of the presumption of liability under that section, provision of temporary water supplies as well as permanent restoration or replacement of water supplies.

 The Department published the interim final guidance document at 46 Pa.B. 6392 (October 8, 2016). Six separate commenters submitted around 100 individual comments during the 60-day comment period. The Department also continued to solicit feedback from its Oil and Gas Technical Advisory Board after publication through February 2018. In response to the comments received, several editorial and substantive changes were made to the final document. The substantive changes included: allowing for treatment of the impacted water supply as a temporary water supply; allowing an operator to submit a request to allow additional time to evaluate a water supply to demonstrate that the impact may be temporary; adding a requirement that the Department will provide copies to the operator of Department correspondence with the landowner/water user when the Department determines that the operator's activities have impacted the water supply, along with stating that an operator should share permanent water supply restoration/replacement plans and corresponding sample plans with the water supply user/owner and their consultants; and adding a requirement that plumbing accessories and equipment associated with temporary water supplies or permanent restoration or replacement of a private water supply must be certified for conformance with the National Sanitation Foundation/American National Standards Institute Standard 61 regarding drinking water system components—health effects.

 Contact: Questions regarding this TGD can be directed to Kurt Klapkowski at kklapkowsk@pa.gov or (717) 783-9893.

 Effective Date: August 8, 2020

<http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-32/1080.html>
The actual document may be found here:
<http://www.depgreenport.state.pa.us/elibrary/GetDocument?docId=3232157&DocName=POLICY%20FOR%20THE%20REPLACEMENT%20OR%20RESTORATION%20OF%20PRIVATE%20WATER%20SUPPLIES%20IMPACTED%20BY%20UNCONVENTIONAL%20OIL%20AND%20GAS%20OPERATIONS.PDF>
The Comment and Response document may be found here:
<http://www.depgreenport.state.pa.us/elibrary/GetDocument?docId=3232158&DocName=POLICY%20FOR%20THE%20REPLACEMENT%20OR%20RESTORATION%20OF%20PRIVATE%20WATER%20SUPPLIES%20IMPACTED%20BY%20UNCONVENTIONAL%20OIL%20AND%20GAS%20OPERATIONS%20-%20COMMENT%20%26amp%3B%20RESPONSE.PDF>
(This TGD is not up for comment.)

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26-00413: Texas Eastern Transmission, L.P. (P.O. Box 1642, Houston, TX 77251-1642). On July 14, 2020, the Department issued a renewal Synthetic Minor State Only Operating Permit for operation of the Uniontown Compressor Station located in North Union Township, Fayette County. The facility operates two (2) natural gas-fired turbines, two (2) stationary reciprocating internal combustion engines driving emergency electric generators, area fugitive VOC emissions, two (2) pipeline liquid storage tanks, and gas release events. Insignificant emission sources include several small natural gas-fired heaters, separator vessels ranging in size from 33 to 470 gallons, three (3) small miscellaneous storage tanks, a truck loading area, and a remote reservoir parts washer. The facility is subject to the applicable requirements of 25 Pa. Code Article III, Chapters 121—145. The proposed operating permit includes emission limitations, monitoring, work practice standards, reporting, and recordkeeping requirements for the facility
<http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-32/1079c.html&continued=http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-32/1079.html&d=reduce>


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Source: Reuters Commodities: Energy Notes:


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DEP defines an environmental justice area as "any census tract where 20 percent or more individuals live in poverty, and/or 30 percent or more of the population is minority". (See:
<https://www.dep.pa.gov/PublicParticipation/OfficeofEnvironmentalJustice/Pages/default.aspx>). There are supposed to be enhanced public participation requirements for permits in environmental justice areas, but news of this actually ever happening is scarce. In Fayette County, the entirety of Redstone, Springhill, Nicholson, and German Townships are environmental justice areas, as well as a large part of Dunbar Township. DEP's policy document on public participation guidelines for environmental justice areas is located here:
<https://www.elibrary.dep.state.pa.us/dsweb/Get/Version-48671/012-0501-002.pdf>

eNOTICE records are likely to list the same permit multiple times, as that permit moves through the DEP process.

Oil & Gas Wells designated with a site a number and the letter H typically designate horizontal wells.

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Resources:

Pennsylvania Bulletin: <https://www.pabulletin.com/>

eNOTICE: <https://www.ahs2.dep.state.pa.us/eNOTICEWeb/>

DEP Oil and Gas Reports: <https://www.dep.pa.gov/DataandTools/Reports/Oil%20and%20Gas%20Reports/Pages/default.aspx>

DEP Permits Issued Detail Report:
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/OG/SSRS/Permits_Issued_Detail>

DEP SPUD (drilling started) Report:
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/OG/SSRS/Spud_External_Data>

DEP Oil and Gas Compliance Report:
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/OG/SSRS/OG_Compliance>

DEP PA Oil & Gas Mapping:
<https://www.depgis.state.pa.us/PaOilAndGasMapping>

Data Portal Services Directory [Technical]
<https://www.depgis.state.pa.us/arcgis/rest/services>
Query: Oil and Gas Wells All (ID: 3) [Technical]:
<https://www.depgis.state.pa.us/arcgis/rest/services/OilGas/OilGasAllStrayGasEGSP/MapServer/3/query?where=&text=&objectIds=&time=&geometry=&geometryType=esriGeometryEnvelope&inSR=&spatialRel=esriSpatialRelIntersects&relationParam=&outFields=*&returnGeometry=true&returnTrueCurves=false&maxAllowableOffset=&geometryPrecision=&outSR=&returnIdsOnly=false&returnCountOnly=false&orderByFields=&groupByFieldsForStatistics=&outStatistics=&returnZ=false&returnM=false&gdbVersion=&returnDistinctValues=false&resultOffset=&resultRecordCount=&f=html>
(Be sure to enter a Where clause in SQL format. Dates are in milliseconds since midnight 1/1/1970).

DEP Oil and Gas Electronic Submissions
<https://www.ahs.dep.pa.gov/eSubmissionPublicSearch>

DEP Air Quality Air Emission Plants Facilities Report
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/AQ/SSRS/AQ_AEP_Facilities>

DEP Oil and Gas Electronic Notifications
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/OG/SSRS/OG_Notifications>

DEP Oil and Gas Well Pad Report
<http://cedatareporting.pa.gov/Reportserver/Pages/ReportViewer.aspx?/Public/DEP/OG/SSRS/Well_Pads>

Fayette County Assessment Office Search For Tax Records:
<http://property.co.fayette.pa.us/search.aspx>

Pennsylvania Spatial Data Access:
<https://www.pasda.psu.edu/default.asp>
DEP Spatial Data Repository:
<ftp://www.pasda.psu.edu/pub/pasda/dep/>

National Response Center:
<https://www.nrc.uscg.mil/>

EPA-Echo: <https://www.epa-echo.gov/echo/compliance_report_air.html>

FERC citizen involvement: <https://www.ferc.gov/for-citizens/get-involved.asp>

Follow the directions and enter the docket number to subscribe to.

Township  Supervisors receive information regarding Erosion & Sedimentation permits, and these records may be reviewable at township municipal offices.

DEP permits are reviewable through the File Review process, for application to do file review see: <https://www.portal.state.pa.us/portal/server.pt/community/southwest_regional_office/13775/file_review/593164>

Environmental Hearing Board: <https://ehb.courtapps.com/public/index.php>

PA DEP Environmental Policy Comment System:
<https://www.ahs.dep.pa.gov/eComment/>

Federal Register Environment: <https://www.federalregister.gov/environment>

SkyTruth Fayette County Drilling Alerts: <https://frack.skytruth.org/pennsylvania-frack-alerts/fayette_pa>

U.S. Army Corps of Engineers, Pittsburgh District, Public Notices:
<https://www.lrp.usace.army.mil/Missions/Regulatory/Public-Notices/>

EPA Pennsylvania Public Notices: <https://www2.epa.gov/aboutepa/epa-pennsylvania#notice>

Energy Assurance Daily: <https://www.oe.netl.doe.gov/ead.aspx>

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Disclaimers:

This compilation from the above sources was done in part by hand using copy and paste and in part using automated methods; it may omit relevant permits.

Parcel data is provided via the tax records search web page offered by the Fayette County Assessment Office (http://property.co.fayette.pa.us/). Presumed Parcel Id links are subject to availability provided by that agency and associated web sites. Presumed Parcel Ids are determined as the mapped parcel containing a given latitude and longitude, are a best effort determination which is subject to error, and are not official. In cases where a facility is leased and there is a separate parcel id for the lease, if this parcel id is not separately mapped, the parcel id shown will be the id for the enclosing parcel. Parcel owners may be surface owners only and may or may not have any relationship to oil & gas facilities.

Does not currently include water supply permits. Does not include landfill permits even though many such are for Marcellus Shale waste. (It is not possible at this time to distinguish which landfill permits are for Marcellus Shale waste and which are not without doing File Review for each permit.)

Erosion & Sedimentation permit records do not currently include latitude and longitude. Where I am publishing latitude and longitude with E&S permits it is by inferring an associated well permit and using published latitude and longitude for the well. It is possible I may be inferring the wrong well site.

Municipalities are shown from eFACTS records on the DEP web site. The DEP has been known to list a municipality incorrectly.