DEP Opens Comment Period For Proposed Final Chapter 78 Drilling Regulations

The Department of Environmental Protection published notice in the April 4 PA Bulletin of a proposed final Chapter 78 (conventional) and Chapter 78A (unconventional) drilling performance standard regulations for a 30 day public comment period with no additional public hearings.

“These proposed revisions focus on the need to protect public safety and the environment while enabling drilling to proceed,” said Acting DEP Secretary John Quigley.  “These areas reflect the emphasis of the comments we received. We received more than 24,000 comments, and want to be deliberate and transparent as we seek continued input on the proposed revisions from our advisory committees and the public.”

The changes include--

-- Retains the 100 foot setback from streams and wetlands for drilling pads, not just from the actual well;

-- Eliminates temporary on-site wastewater storage impoundments;

-- Requires closure of centralized wastewater storage impoundments within three years, any that wish to remain open will have to be re-permitted as a residual waste facility;

-- Operators will have to conduct an impact analysis of public resources from the edge of the drilling pad and adds schools, playgrounds and DEP-designated well protection areas and gives DEP the authority to condition a drilling permit to protect those resources.  The proposal extends the review times for public resource agencies from 15 to 30 days;

-- Operators must now identify active and inactive wells as well as orphan and abandoned wells and adds a well monitoring component;

-- Operators must restore drinking water wells to pre-drilling condition or to meet state Safe Drinking Water Act standards;

-- A new noise mitigation requirement is added for unconventional wells; and

-- Adds requirements to require conventional well operators to provide notification to surface owners of certain drilling-related activities, including the disposal of waste onsite.

Chapter 78 as originally proposed covered both conventional and unconventional oil and gas wells, however, a provision in the Fiscal Code passed last July required DEP to split the package into two separate sets of regulations, one covering conventional-- Chapter 78-- and the other unconventional-- Chapter 78A.

Additional Oil & Gas Advisory Board Meetings

DEP also published notice in the April 4 PA Bulletin of three additional meetings of the Oil and Gas Technical Advisory Board on April 23, August 25 and October 27 to consider the revised, final Chapter 78A regulations.

A new Conventional Oil and Gas Advisory Committee will consider the changes to Chapter 78 dealing with conventional drilling operations, although no additional meetings of this Committee have been scheduled at this time.

For more information, visit DEP’s Oil and Gas Regulations webpage.