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PA Bulletin, Doc. No. 07-790

NOTICES

Earth Disturbance Associated With Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities; Indent to Issue General Permit (ESCGP-1)

[37 Pa.B. 2144]
[Saturday, May 5, 2007]

   In compliance with The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Oil and Gas Act (58 P. S. §§ 601.101--601.605) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department) by this notice announces its intent to issue the Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Activities (ESCGP-1). This general permit will apply to earth disturbance activities for oil and gas exploration, production, processing, treatment operations or transmission facilities (oil and gas activities).

   On June 12, 2006, the United States Environmental Protection Agency (EPA) published final amendments to the National Pollutant Discharge Elimination System (NPDES) regulations for stormwater discharges associated with oil and gas exploration, production, processing or treatment operations or transmission facilities (see 71 FR 894) to implement new provisions of the Clean Water Act, established by the Energy Policy Act of 2005. In the rulemaking, the EPA acknowledged that its rule does not prohibit states from regulating oil and gas earth disturbance activities under state authority, especially when it may lead to a violation of water quality standards.

   In response to the EPA's rulemaking and the affect of the Federal Energy Policy Act of 2005, the Department's announced its plan for regulating oil and gas earth disturbance activities at 36 Pa.B. 7071 (November 18, 2006). The plan, comments and responses can be viewed on the Department's website at www.dep.state.pa.us keyword ''oil and gas.''

   This general Erosion and Sediment Control Permit will be issued specifically for oil and gas well activities that disturb 5 acres or greater at one time over the life of the project.

   The oil and gas industry engages in several types of activities where the amount of earth disturbance can be greater than five acres and there is an increased potential for accelerated erosion, and sediment pollution and stormwater runoff problems. These include transmission pipelines; drilling of deep wells (including access roads); well development projects where multiple, closely spaced and interconnected wells are drilled one after another; and multiple wells that are drilled and interconnected by a common access road and pipelines.

   For these projects, the increased potential for erosion, sedimentation and stormwater runoff problems requires additional oversight by the Department to ensure water quality and existing and designated water uses are protected. The additional planning gained through the Erosion and Sediment Control General Permit will ensure that proper best management practices (BMPs) will be implemented and maintained for erosion and sediment control facilities and post construction stormwater runoff from these activities.

   In addition, this approach is an incentive for the operator to minimize the disturbed area by restoring the earth disturbance promptly after completion of the well or installation of the pipeline.

   Persons with a disability having questions regarding the general permit or seeking information about the general permit or for a copy of the general permit and associated materials may use the AT&T Relay Service by calling (800) 654-5984 (TDD Users) or (800) 654-5988 (voice users).

Public Comment Period

   The Department invites public comment on the Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Activities. Interested persons may submit written comments on the Department's proposed plan by June 4, 2007. Comments submitted by facsimile will not be accepted. The Department will accept comments submitted by e-mail. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Chief, NPDES Construction and Erosion Control, Department of Environmental Protection, Bureau of Watershed Management, Division of Waterways, Wetlands and Stormwater Management, P. O. Box 8775, Harrisburg, PA 17105-8775. Comments may also be sent to ep-oilgaspermit@state.pa.us.

   Questions regarding this notice should be directed to Barbara Beshore, Bureau of Watershed Management at (717) 787-6827 or Joe Umholtz, Bureau of Oil and Gas Management at (717) 772-2199.

   Following the comment period, the Department will consider all comments received and prepare the final set of permit documents. The final availability of the documents will be announced through a public notice in the Pennsylvania Bulletin.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 07-790. Filed for public inspection May 4, 2007, 9:00 a.m.]


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