PA Environment Digest Blog: DEP Tells Environmental Quality Board It Is Looking To Make A Recommendation On Petition To Increase Setbacks From Shale Gas Wells By The End Of 2026

On March 10, the Department of Environmental Protection told the Environmental Quality Board it is actively reviewing the rulemaking petition accepted by the Board in December for study to increase setbacks from shale gas wells and is looking to have a recommendation to the Board by the end of the year.

DEP gave an update to the Board on a total of six rulemaking petitions accepted by the Board for study-- four in December and two earlier.

In other action, by a vote of 15 to 4, the Board adopted a final regulation changing stream designations for 98 Fish and Boat Commission Class A Wild Trout Streams to High Quality representing 530.41 miles of streams .

Those voting against the redesignations were Sen. Gene Yaw (R-Lycoming); Rep. Martin Causer (R-Cameron); John St. Clair, Rosebud Mining Company, Citizens Advisory Council; and Thaddeus Stevens, land developer, Citizens Advisory Council.

Setback Petition

Laura Griffin, DEP Regulatory Coordinator, said-- “At this time, DEP's programs and toxicologists are reviewing the 42 scientific studies included with the petition and the Bureau of Regulatory Counsel is working on a legal analysis. Our timeline for this petition is probably the end of the calendar year.”

In October 2024, the Clean Air Council and Environmental Integrity Project submitted a rulemaking petition to the Board to increase setbacks from shale gas wells from 500 feet to a minimum of 3,281 feet from buildings and drinking water wells, 5,280 feet from schools, daycares and hospitals and 750 feet from any surface water. Read more here.

Reducing Greenhouse Gas Emissions

On a April 2019 petition to to adopt a regulation to reduce greenhouse gas emissions from 14 different industries in Pennsylvania, Laura Griffin said-- “DEP is currently identifying necessary updates to the draft report and supporting analysis that we completed prior to the [Regional Greenhouse Gas Initiative] litigation that was indirectly related to this petition, that had left the petition on hold until this time.”

On February 5, 2026, environmental and public interest groups submitted a 495-page “demand for action” on the greenhouse gas rulemaking petition filed by 192 petitioners originally in November 2018 asking the Environmental Quality Board to adopt a regulation to reduce greenhouse gas emissions from 14 different industries in Pennsylvania. Read more here.

Shale Gas Well Bonding

In November 2021, the Environmental Quality Board accepted separate rulemaking petitions to increase bond plugging amounts for conventional oil and gas wells and shale gas wells to meet the taxpayer cost of plugging those wells. Read more here.

A change in law in 2022 abrogated the EQB’s authority for 10 years to change the well plugging bonding amounts for conventional oil and gas wells. Read more here.

The petition for increasing bonding for shale gas wells is still pending.

Griffin said-- “At this time, the Oil and Gas Program is allocated funding for an actuarial study to identify adequate financial assurance for plugging unconventional wells. It's going to be completed... Well, the money is allocated in this budget year. I'm not sure if it will be completed this year or not, but we are working on it.”

Processing Shale Gas Wastewater

The Marcellus Shale Gas Coalition submitted a rulemaking petition accepted by the EQB in December 2025 to change Chapter 78a.58(a) regulations to “allow fluids from various oil and gas operations to be processed and stored at the site at which they are produced, at the well site where they are used or at a well site from which they are distributed to other wells sites for use in stimulating wells at those other sites.”

If the change was adopted, the regulation would allow the driller to set up oil and gas wastewater and mine influenced water processing and storage facilities at any well site taking wastewater from any other well site to be processed and/or stored and then taken to any other well site for reuse.

Griffin said-- “Onsite processing of fluids from oil and gas operations, this is currently undergoing legal review.”

Attainable Bottom

In December, the EQB accepted a rulemaking petition submitted by the Marcellus Shale Gas Coalition, the Pennsylvania Coal Alliance, and the Pennsylvania Independent Oil and Gas Association requesting the Board promulgate a rulemaking to “clarify how attainable bottom is determined and how plugging [of wells] should proceed from that point.”

Discussion of “attainable bottom” has been going on for years with the conventional oil and gas industry which has disagreed with DEP’s definition that uses a set of criteria for determining when a well owner has cleaned out enough of a well being plugged to assure it can be successfully plugged to stop the flow of fluids and gas.

Griffin said-- “Currently, we have hired an annuitant [a retired DEP employee] to work with the Oil and Gas Program to look at options and develop concepts.

“We will be meeting with the well plugging work group [associated with the DCED PA Grade Crude (Oil) Development Advisory Council] on April 22nd to discuss those options. And we will continue to be reporting back to this group on the proposals that we develop.”

Well Pad Emergency Plans

The EQB accepted a petition for study in December submitted by the Marcellus Shale Gas Coalition that requests the Board promulgate a rulemaking to allow for well operators to maintain Preparedness, Prevention and Contingency (PPC) plans electronically to provide for “frequent updates and easier access and utilization of records in electronic format on site.

Griffin said the petition is currently “currently undergoing legal review.”

For available handouts and other background information, visit the Environmental Quality Board webpage.

Updating Rulemaking Petition Process

Glendon King, alternate for Rep. Martin Causer (R-Cameron), asked for an update on its initiative to consider changes to the EQB rulemaking petition process.

Laura Griffin said-- “We are working on that. We did meet with the Citizens Advisory Council this January, thank you, to gather feedback from that group on the petition policy.

“And we're taking that feedback, and doing some additional work, and continuing with that process. So, we're working on it.”

For available handouts and other background information, visit the Environmental Quality Board webpage.

Questions should be directed to Laura Griffin, Regulatory Coordinator, Environmental Quality Board, P.O. Box 8477, Harrisburg, PA, 17105-8477, laurgriffi@pa.gov, (717) 772-3277.

Background On Setbacks

Legislation has been introduced in the House and Senate to increase setbacks from 500 to 2,500 feet across the state consistent with the 2020 state Grand Jury Report.

Rep. Greg Vitali (D-Delaware) introduced House Bill 1946, which was the subject of a Committee hearing in November. Read more here.

The bill remains in the House Environmental and Natural Resource Protection Committee.

Sen. Steven Santarsiero (D-Bucks) and Sen. Carolyn Comitta (D-Chester) introduced Senate Bill 1083 also increasing setback distances from unconventional shale gas wells.

The bill remains in the Senate Environmental Resources and Energy Committee without action.

PA Senate Republicans Vote To Punish Communities

On May 7, 2025 Republicans on the Senate Environmental Resources and Energy Committee voted to report out legislation-- Senate Bill 102 (Bartolotta-R-Washington, Yaw-R-Lycoming) to punish communities taking steps to protect their residents from the health and environmental impacts of shale gas drilling by doing things like increasing setbacks from well pads. Read more here.

The bill would prohibit municipalities from receiving Act 13 drilling impact fees if they set protective standards on the development of natural gas that “imposes a standard or condition on well development that conflicts with or exceeds those contained” in state law. Read more here.

The legislation was, in fact, prompted by an ordinance adopted by Cecil Township in Washington County.

Sen. Camera Bartolotta (R-Washington), the prime sponsor, represents Cecil Township in the state Senate.

The bill is now in the Senate Appropriations Committee.

(Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.)

Resource Links - Setbacks:

-- Environmental Quality Board Votes To Accept Petition To Study An Increase In Setback Safety Zones From Shale Gas Wells; And 3 Petitions From Oil & Gas Industry To Change Other Requirements [12.9.25]

-- 500 Feet Isn’t Enough - House Hearing I: Shale Gas Industry Says Setbacks Won’t Protect Residents, Public Health, Environment From Shale Gas Operations, Only ‘Rigorous Oversight’ Will; Standards Have Not Changed In 9 Years [PaEN]

-- 500 Feet Isn't Enough- House Hearing II: As A Township Supervisor We Have An Obligation To Protect The Health, Safety And Welfare Of Our Township Residents From Shale Gas Development [PaEN]

-- 500 Feet Isn't Enough - House Hearing III: What It’s Really Like Living Next To A Shale Gas Well Pad - Nosebleeds, Headaches, Nausea, Air Pollution, Vibrating House, Sleepless Nights, Anxiety, Truck Traffic [PaEN]

-- 500 Feet Isn’t Enough: 42 Scientific Studies, 20+ Years Of Experience With Shale Gas Drilling In PA; A State Grand Jury Report; Criminal Convictions; Public Complaints; Lawsuits; Media Reports All Document The Need To Increase Setbacks From Shale Gas Wells [PaEN]

-- 500 Feet Isn’t Enough: Michelle Stonemark Tells What It’s Really Like Living Next To A Shale Gas Well Pad - Nosebleeds, Headaches, Nausea, Air Pollution, Vibrating House, Sleepless Nights, Anxiety - In Cecil Twp., Washington County [PaEN]

-- 500 Feet Isn't Enough: Environmental Groups Urge Environmental Quality Board To Accept Rulemaking Petition For Study Increasing Setbacks From Shale Gas Wells [PaEN]

-- House Committee Hearing On Increasing Safety Setback Zones Around Natural Gas Facilities Heard About First-Hand Citizen Experiences On Health Impacts; From Physicians On Health Studies; The Gas Industry On Job Impacts [PaEN]

-- House Environmental Committee To Hold Oct. 30 Hearing On Bill Increasing Setback Safety Zones From Shale Natural Gas Drilling Sites, Infrastructure Based On Latest Science, Grand Jury Report [Background on the Issue] [PaEN]

-- Sen. Yaw, Republican Chair Of Senate Environmental Committee, Calls Bill To Reduce Shale Gas Industry Impacts On Health, Environment ‘Stupid’ [October 2023]

-- Rep. Vitali Introduces Legislation To Increase Setbacks From Unconventional Shale Gas Wells From 500 Feet To 2,500 Feet From Homes, 5,000 Feet From Schools, Hospitals [10.15.25]