DEP Publishes New Policy On Replacement, Restoration Of Private Water Supplies Impacted by Unconventional Drilling Operations

On August 8, the Department of Environmental Protection published new final Technical Guidance Document-- Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations (DEP: 800-0810-002).

The guidance is to inform Department staff, the regulated community and the public how to comply with the private water supply restoration and replacement requirements in the 2012 Oil and Gas Act, The Land Recycling and Environmental Remediation Standards Act, The Clean Streams Law, and 25 Pa. Code Chapter 78a. 

The Guidance 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 and/or quality for the purposes served by impacted water supply source(s) under section 3218 of the 2012 Oil and Gas Act (58 Pa.C.S. § 3218).

The final Guidance replaces the interim final guidance document published by the Department in the Pennsylvania Bulletin on October 8, 2016 (46 Pa.B. 6392). 

Six separate commentators submitted around 100 individual comments during the 60-day comment period, and the Department also continued to solicit feedback from its Oil and Gas Technical Advisory Board and stakeholders 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 in this final TGD include:

-- Allowing for treatment of the impacted water supply to serve as a temporary water supply;

-- Clearly addressing the lack of Maximum Contamination Levels (MCLs) where there is methane, ethane or propane contamination in a 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 correspondence with the landowner/water user when the Department determines that the operator’s activities have impacted the water supply;

-- Stating that an operator should share permanent water supply restoration/replacement plans and corresponding sample plans with the water supply user/owner and their consultant(s); 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 NSF/ANSI Standard 61 (relating to Drinking Water System Components – Health Effects).

Click Here for the final Guidance.  Questions should be directed to the Bureau of Oil & Gas Planning and Program Management’s Resource Account at RA-epOilandGas@pa.gov.  

DEP posts the list of water supply investigations related to conventional and unconventional drilling activities:  Water Supply Determination Letters and List Of Resolved Water Supply Complaints.
[Posted: August 10, 2020]  PA Environment Digest