DEP also reported it is working to complete the review of rulemaking petitions increasing setbacks from shale gas wells, increasing bonding amounts for well plugging and developing a possible option for providing financial assurance and new procedures for handling oil and gas wastewater.
DEP said development of updated conventional oil and gas well environmental protection and waste management regulations will not be moving forward in the near future.
“Obviously with limited resources, the agency has to make choices about where we deploy those resources and what folks work on.”
DEP also said regulations increasing shale gas permit fees were on hold pending discussions on the FY 2026-27 budget request which includes a $16 million request to fill a hole in funding for the Oil and Gas Program.
DEP does hope to have regulations ready by the end of the year to obtain primacy from EPA for injection well permitting and to implement the Carbon Capture and Sequestration Act (Act 87 of 2024).
DEP briefly updated the status of Technical Guidance and new Standard Operating Procedures in development.
Health Study
Don Hegberg, DEP Program Manager, said- “Our intentions are not to do a health study similar to what was done for the unconventional industry…. but more of a human health and risk-based study that looks at exposures, pathways associated with emissions, direct contact, ingestion.
“And this may include some actual sampling of emissions, soil and groundwater.
“But again, we have to work up the scope with the appropriate professionals out there.”
DEP has been pursuing federal funding for a health study since March 2024, when Kurt Klapkowski, Director - Bureau of Oil & Gas Planning & Program Management, told the same Board DEP wants to get a “really good understanding” of some of the human health impacts of leaking, abandoned conventional oil and gas wells. [Read more here.]
Klapkowski said then that in 2022 DEP worked with PSE Healthy Energy to conduct a study of 48 abandoned conventional wells in Western Pennsylvania and sampled the wells for hazardous air pollutants.
“There were some issues there in terms of the levels of especially benzene that we were seeing in some of these wells,” said Klapkowski. “So we felt like it might be important to try to put something like that together [a follow-up study].”
He said the results of the study were published in the peer-reviewed journal ACS Omega in May 2023.
On June 6, 2023, Inside Climate News reported on the results of DEP’s study highlighting the wells were releasing benzene, a cancer-causing chemical, at air concentrations of 250 parts per million-- 250,000 times the California safety standard.
The study analyzed air samples for 27 different chemicals.
About one-fourth of the wells were located within 100 meters of buildings, including residences. Read more here.
“Having grown up in Washington County, some of these abandoned facilities were kind of like background noise there. I think that, my guess is, that most folks in Washington County probably live a lot closer to an abandoned well,” Klapkowski added.
“I do try to remind folks that these facilities, generally speaking, are not being maintained in the field. So even wells that aren't causing problems today, we do know that these facilities will continue to deteriorate,” said Klapkowski.
“And the potential for a future methane migration case and public health and safety issues, the potential for brine [wastewater] releases or hydrocarbon releases getting into the soils and the surface waters of the Commonwealth really does exist for all of these facilities,” explained Klapkowski. [Read more here.]
Abandoned Conventional Well Plugging
DEP reported it has plugged 389 abandoned/orphaned conventional oil and gas wells under the federal well plugging program since 2023.
DEP is now running 13 contracts actively plugging wells, including for the US Forest Service in the Allegheny National Forest.
Visit DEP’s Federal Well Plugging Dashboard webpage for details on well plugging activity. (The webpage will lag behind actual numbers.)
DEP also noted a project with Harrisburg University to digitize oil and gas well records has identified over 80,000 new abandoned conventional wells that will have to be field checked by contractors DEP hopes to have onboard soon using drones and a variety of techniques.
Kurt Klapkowski said the Department of Interior turned down DEP’s request for funding to do workforce development and they are looking for other options.
“There is a lot of expertise in this area, but it is something that when you talk to folks, there is concern about the knowledge transfer to the next generation and the ability to bring on workers and train them up to do this work.
“It's difficult work. It's your outdoors and all sorts of weather. It's heavy work, so there's a physical capacity component to working on a plugging rig as well.”
“The other thing I'll say about this, I think is sustainable and responsible long-term funding is really important to building that industry in the Commonwealth of Pennsylvania.”
“So we know that there'll be at least [be federal] money through for the next five years to plug these wells.”
[Note: Congress did cut about $285 million from well plugging funds nationally for this year, about $24 million from DEP.]
“But I think that the experience that we've seen from other jurisdictions is that if the state can promise that there will be sustainable funding over a long term, that businesses will make the investment in capital and personnel to be able to compete for that funding in the out years.”
Setback, Bonding, Other Rulemaking Petitions
Kurt Klapkowski provided an update on the five pending rulemaking petitions--
-- Increasing Unconventional Well Plugging Bonds: DEP has set aside a petition to increase bonding for conventional wells due to litigation, but is working on reviewing the petition to increase unconventional well bonding. Read more here.
“And one of the things that we struggle with is the data that's necessary for really kind of coming up with what an appropriate bond amount for unconventional operations would be outside of what's already in the statute.
“And so one of the things that we included in our current fiscal year budget was funding set aside to conduct a study on those questions and the possibility of a state administered financial assurance mechanism similar to the Underground Storage Tank Indemnification Fund.”
[Note: DEP suggested the same concept for conventional oil and gas wells, so far without success on that side of the industry. Read more here.]
“That contract is proceeding and we expect it'll be issued sometime this year.
“And so we anticipate developing some data that will allow us to get back to the Environmental Quality Board with a report as the petition policy requires for unconventional well bonding.”
-- Increasing Unconventional Shale Gas Well Setbacks: The petition was submitted in October 2024 and accepted for study in December 2025 to change regulations 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.
Klapkowski said-- “As part of that setback petition, the petitioners submitted 42 scientific studies as support for the proposed regulatory changes.
“And right now, within the agency, we're putting a significant amount of effort into reviewing those studies, working with our toxicologist and her staff to be able to try to understand exactly what the studies have to say and why they might support or not support the petition requirements or the requested regulation in the petition.
“That is obviously a very heavy lift. And as I mentioned earlier when I was talking about the regulatory agenda, preparing reports on these petitions is not necessarily a discretionary action of the department.
“Once the Environmental Quality Board accepts them, we are in a process by which we study the reports and then prepare or study the petitions and then prepare reports back to the Environmental Quality Board as to whether or not the proposed rulemaking that the petitioner is requesting is supported and is something that the Environmental Quality Board should consider adopting.
“We hope to have that review completed by the end of the year and have a report back to the Environmental Quality Board about our findings of the data that was submitted to us.
“As I said, it is a significant lift for this agency, and it's really straining some of our resources in the Office of Oil and Gas Management, frankly, as well as our Bureau of Air Quality.
“So I think the end of the year is probably optimistic, but that's sort of the goal that we've set for ourselves on that petition.”
Klapkowski said the other three petitions are on a similar scheduled to have their review finished by the end of the year--
-- Allowing Shale Gas Fluids To Be Stored On Any Site: 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.
-- Attainable Bottom Determination For Well Plugging: 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.
Klapkowski said has hired an annuitant [a retired DEP employee] to work with the Oil and Gas Program to look at options and develop concepts.
-- Electronic Availability Of 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.
Regulatory/Guidance/SOP Update
Kurt Klapkowski, Director - Bureau of Oil & Gas Planning & Program Management, gave the Board an update on regulatory, technical guidance and standard operating procedures in development.
Regulations
-- Increase In Shale Gas Permitting Fees - On Hold: This rulemaking will not be moving ahead until the results of the FY 2026-27 budget discussions are known because the Governor’s budget request includes a $16 million request to plug a hold in funding the Oil and Gas Program caused by the drop off of fees from shale gas well permit applications.
-- Updates To Conventional Oil & Gas Well Regulations - On Hold: Two rulemakings to update environmental protection performance standards on drilling and other activities (7-539) and an update on waste management by conventional operations (7-540) are “not moving ahead at this moment.”
“Obviously with limited resources, the agency has to make choices about where we deploy those resources and what folks work on. They've been approved for development, but I would say they're sort of in a holding pattern right now.”
[Note: These regulations have not been updated in 39 years. Read more here.]
-- EPA Primacy For Injection Well Permitting/Carbon Sequestration - Moving: DEP received a $1.9 million grant from EPA to support developing a request for injection well primacy. DEP is hoping to have proposed regulations ready by the end of this year for regulating injection wells and implementing the Carbon Capture and Sequestration Act (Act 87 of 2024).
Klapkowski mentioned obtaining primacy would be important for simplifying regulation of Class II injection wells as a management option for disposing of oil and gas wastewater.
Technical Guidance
He highlighted three guidance documents in progress--
-- Review Of General Erosion Control Permits For Oil & Gas Operations - DEP published the draft for comment in December 2025 and is now reviewing comments.
-- Dewatering Shale Gas Impoundments - Working on comment/response document
-- Integrated Contingency/Emergency Planning Guidance - To be published shortly for comment
Standard Operating Procedures
DEP has been moving explanations of the way it addresses issues from Technical Guidance to Standard Operating Procedures over the last year.
Klapkowski said-- “We've switched those over to standard operating procedures because they address internal ... It's internal guidance to the department, to how we're to operate in certain areas of the program.”
[Note: The other difference is SOPs do not go through a public comment process like Technical Guidance, although they are typically discussed with agency advisory committees.]
He pointed to three new SOPs for conventional civil penalty and unconventional civil penalty assessments and for tracking and resolving violations that were recently posted.
The corresponding Technical Guidance has been rescinded.
Visit DEP’s Oil & Gas Technical Advisory Board for available handouts and more information. Questions should be directed to Todd M. Wallace at: twallace@pa.gov.
Related Articles This Week:
-- DEP Receives Federal Funding To Study Human Health Impacts Of Leaking, Abandoned Conventional Oil & Gas Wells; Conventional Regulation Updates Delayed; Reports On Setback Petition By End Of 2026 [PaEN]
-- Environmental Health Project Calls On Gov. Shapiro To Address Health Hazards Of Fossil Fuels [PaEN]
-- DEP Signs Consent Orders With CNX Gas, Leatherwood LLC Requiring The Plugging Of 5 Conventional Coal Bed Methane Wells Prior To Longwall Coal Mining In Center Twp., Greene County [PaEN]
-- PUC Adopts Voluntary Large Load, Data Center Tariff Framework To Help Protect Ratepayers [PaEN]
-- Federal Energy Regulatory Commission Approves Extension Of PJM Capacity Auction Price Cap, Floor For Next 2 Auctions [PaEN]
-- Senate Committee Hears Electric Grid Issues Getting Worse; PJM Has Attracted 220 GW Of New Generation Proposals; PJM ‘Backstop’ Procurement Critical To Making Data Centers Pay For New Generation [PaEN]
-- House Energy Committee Sets May 4 Meeting To Act On More Bills To Address Electric Grid Reliability, Affordability Issues: Authorize Virtual Power Plants, Update Net Metering, More [PaEN]
-- PA House Passes Bill To Require A.I. Data Centers To Report Water Use, Discharges To DEP [PaEN]
-- Gov. Shapiro Announces $267 Million Investment In 31 PA Industry Projects To Reduce Air Pollution, Cut Energy Costs, Create Jobs, And Combat Greenhouse Gas Emissions In 23 Counties; Next Grant Round Opens May 15 [PaEN]
-- Concerned Citizens Of Montour County: Data Center Developer Wants To Make It Harder For Citizens To Appeal Zoning, Permits; DCED Secretary Explains More On How They Want New GRID Principles To Work [PaEN]
-- Gov. Shapiro Appoints Mark Szybist New Special Counsel For Energy Affordability [PaEN]
-- Tri-County Regional Planning Commission Publishes Model A.I. Data Center Ordinance; Links To Other Model Ordinances [PaEN]
-- DCNR: Grid-Scale Solar Energy Installations Are Not Permitted On Any DCNR Lands Or On Lands That Have Received DCNR Grant Funds [PaEN]
-- Environmental Defense Fund: Rollback Of Federal Methane Emission Limits On Oil & Gas Facilities Have Wasted $4.8 Billion Worth Of Natural Gas That Could Have Served 22 Million Homes- And Counting [PaEN]
-- US Dept. Of Energy Cyber Threat Center Issues Another Warning To Oil & Gas Industry About Automatic Tank Gauge Manipulation By Malicious Cyber Threat Actors [PaEN]
NewsClips:
-- Post-Gazette - Anya Litvak: PA DEP Industrial Decarbonization Program RISE PA Doles Out First Large Grants
-- Pittsburgh Business Times: CNX Green Ventures LLC Received $31.5 Million RISE PA Decarbonization Grant For Coal Mine Methane Recovery, Largest State Grant
-- PJM Interconnection: 220 GW Of New Power Generation Project Proposals Submitted To Connect To The Grid Under New Process
-- Reuters: PJM Grid Operator To Begin Processing 220 GW Of New Generation Project Proposals
-- Utility Dive Guest Essay: In 2025, PJM Energy Capacity Costs Were Up 300%, Congestion Costs Up Almost 80%, Total System Costs Up Over 50% - Massive Demand Shock Is Here - By Shahid Mahdi, EnerKnol
-- Scranton Times: Dedicated Eynon Jermyn Road A.I. Data Center Power Plant Proposal Scrutinized In Archbald
-- PennLive - Charles Thompson: As A.I. Data Center Site Work Starts In Cumberland County, Neighbors Struggle With ‘The Monster Next Door:’ Blasting, Twp. Roads Failing, Failure To Communicate
-- ABC27: A.I. Data Centers Dominate Statewide Township Leaders Convention
-- Wilkes-Barre Times Leader Guest Essay: Public Backlash Against A.I. Data Centers Creating A Buildability Crisis - By Peter Clark, InsideSources.com
-- PA Capital-Star: Electricity Grid Maps Could Speed Addition Of Renewable Energy To PA, PA House Panel Hears
-- City & State PA Guest Essay: Choosing Electric, Natural Gas Suppliers Works For Pennsylvanians, Don’t Let New House Bill Take It Away [House Bill 2131 (Boyd-D-Delaware)] - By John Hanger, Former PUC Commissioner
-- Utility Dive: NYISO Grid Operator Says Extended Heat Wave Could Cripple New York’s Grid This Summer; Reliability Margins Will Be Lowest In Recent History
-- Financial Times: BP Warns Against Windfall Taxes As Iran War Helps Profits Hit 3-Year High
[Posted: April 30, 2026] PA Environment Digest
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