[43 Pa.B. 7377]
[Saturday, December 14, 2013]
[Continued from previous Web Page] § 78.61. Disposal of drill cuttings.
(a) Drill cuttings from above the casing seat—pits. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with [§ 78.83(b)] § 78.83(c) (relating to surface and coal protective casing and cementing procedures) in a pit at the well site if the owner or operator satisfies the following requirements:
(1) The drill cuttings are generated from the well at the well site.
(2) The drill cuttings are not contaminated with [pollutional material] a regulated substance, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.
(3) The disposal area is not within 100 feet of a [stream, body of water or wetland] watercourse or body of water unless approved as part of a waiver granted by the Department under section [205(b) of the act (58 P. S. § 601.205(b))] 3215(b) of the act (relating to well location restrictions).
* * * * * (8) The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with § 78.53 (relating to erosion and [sedimentation] sediment control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface of the landowner, the surface shall be stabilized against erosion.
(b) Drill cuttings from above the casing seat—land application. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with [§ 78.83(b)] § 78.83(c) by land application at the well site if the owner or operator satisfies the following requirements:
(1) The drill cuttings are generated from the well at the well site.
(2) The drill cuttings are not contaminated with [pollutional material] a regulated substance, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.
(3) The disposal area is not within 100 feet of a [stream,] watercourse or body of water [or wetland] unless approved as part of a waiver granted by the Department under section [205(b) of the act (58 P. S. § 601.205(b))] 3215(b) of the act.
* * * * * (9) The drill cuttings are spread and incorporated into the soil. The loading and application rate of drill cuttings may not exceed a maximum of drill cuttings to soil ratio of 1:1.
(10) The land application area shall be revegetated to stabilize the soil surface and comply with § 78.53. The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.
(c) Drill cuttings from below the casing seat. After removal of the free liquid fraction and disposal in accordance with § 78.60, drill cuttings from below the casing seat determined in accordance with [§ 78.83(b)] § 78.83(c) may be disposed of as follows:
(1) In a pit that meets the requirements of [§ 78.62(a)(5)—(18)] § 78.62(a)(5)—(16) and (b) (relating to disposal of residual waste—pits).
(2) By land application in accordance with § 78.63(a)(5)—(20) and (b) (relating to disposal of residual waste—land application).
(d) The owner or operator may request to use solidifiers, dusting, unlined pits, attenuation or other alternative practices for the disposal of uncontaminated drill cuttings by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section. The Department will maintain a list of approved solidifiers on its web site. The operator does not need to request approval from the Department for use of approved solidifiers.
(e) A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with § 78.62. Land application of residual waste, including contaminated drill cuttings, shall comply with § 78.63.
(f) The owner or operator shall notify the Department at least 3 business days before disposing of drill cuttings under this section. This notice shall be submitted electronically to the Department through its web site and include the date the cuttings will be disposed. If the date of disposal is extended, the operator shall renotify the Department of the date of disposal, which does not need to be 3 business days in advance.
§ 78.62. Disposal of residual waste−pits.
(a) After the removal and disposal of the free liquid fraction of the waste under § 78.60(a) (relating to discharge requirements), the owner or operator may dispose of residual waste, including contaminated drill cuttings, in a pit at the well site if the owner or operator satisfies the following requirements:
(1) The residual waste is generated by the drilling [or production] or stimulation of an oil or gas well that is located on the well site where the residual waste is disposed. Solid waste generated by hydraulic fracturing of unconventional wells and solid waste generated by processing of fluids under § 78.58 (relating to onsite processing) may not be disposed of on the well site.
(2) The well is permitted under section [201 of the act (58 P. S. § 601.201)] 3211 of the act (relating to well permits) or registered under section [203 of the act (58 P. S. § 601.203)] 3213 of the act (relating to well registration and identification).
(3) The requirements of section [215 of the act (58 P. S. § 601.215)] 3225 of the act (relating to bonding) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.
(4) Compliance is maintained with the act and this title.
(5) The owner or operator shall notify the Department at least 3 business days before disposing residual waste according to this section. This notice shall be submitted electronically to the Department through its web site and include the date the residual waste will be disposed. If the date of disposal changes, the operator shall renotify of the new proposed date of disposal.
[(5)] (6) The disposal area is not within 200 feet measured horizontally from an existing building, unless the current owner thereof has provided a written waiver consenting to the disposal closer than 200 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
[(6)] (7) The disposal area is not within 100 feet of a [stream,] watercourse or body of water [ or wetland].
[(7)] (8) The disposal area is not within 200 feet of a water supply.
[(8)] (9) The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table. The well operator shall determine that the pit bottom is at least 20 inches above the seasonal high groundwater table prior to using the pit. The determination shall be made by a soil scientist or other similarly trained person using accepted and documented scientific methods. The individual's determination shall contain a statement certifying that the pit bottom is at least 20 inches above the seasonal high groundwater table according to observed field conditions. The name, qualifications and statement of the individual making the determination and the basis of the determination shall be provided to the Department upon request.
[(9)] (10) The pit is designed, constructed and maintained to be structurally sound and impermeable.
[(10) The pit is lined with a synthetic flexible liner that is compatible with the waste and has a coefficient of permeability of no greater than 1 x 10-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The liner thickness shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer's directions to prevent leakage. The operator may use an alternate liner or natural materials, if the material and the installation procedure to be used are approved by the Department. Notice of the approved liners and installation procedures will be published by the Department in the Pennsylvania Bulletin.
(11) The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.
(12) The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to fail and leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.
(13) Prior to placing material in the pit, the liner shall be inspected for lack of uniformity, damage and other imperfections that may cause the liner to leak. The owner or operator shall correct damages or imperfections before placing waste in the pit, and shall maintain the pit until closure of the pit.]
(11) The pit and liner meet the requirements of § 78.56(a)(8)—(10) (relating to temporary storage).
[(14)] (12) Prior to encapsulating the residual waste within the liner, the free liquid fraction of the residual waste shall be removed and disposed under § 78.60(a).
[(15)] (13) The liner shall be folded over, or an additional liner shall be added, to completely cover the residual waste and the residual waste is shaped so that water does not infiltrate the liner and is not confined above the liner.
[(16)] (14) Puncturing or perforating the liner is prohibited.
[(17)] (15) The pit shall be backfilled to at least 18 inches over the top of the liner and graded to promote runoff with no depressions that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.
[(18)] (16) The surface area of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with § 78.53 (relating to erosion and [sedimentation] sediment control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.
(b) A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the residual waste meets the following requirements:
(1) The concentration of contaminants in the leachate from the residual waste does not exceed 50% of the maximum concentration in [§ 261.24 Table I (relating to characteristic of toxicity)] 40 CFR 261.24, Table 1 (relating to maximum concentration of contaminants for the toxicity characteristic).
(2) The concentration of contaminants in the leachate from the residual waste does not exceed 50 times the primary maximum contaminant level in effect under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
(3) For other health related contaminants, the concentration of contaminants in the leachate from the residual waste does not exceed 50 times the safe drinking water level established by the Department.
* * * * * § 78.63. Disposal of residual waste—land application.
(a) The owner or operator may dispose of residual waste, including contaminated drill cuttings, at the well site by land application of the waste if the owner or operator satisfies the following requirements:
(1) The residual waste is generated by the drilling [or production] of an oil or gas well that is located on the well [side] site. Residual waste generated by hydraulic fracturing of unconventional wells and residual waste generated by processing under § 78.58 (relating to onsite processing) may not be disposed of by land application.
(2) The well is permitted under section [201 of the act (58 P. S. § 601.201)] 3211 of the act (relating to well permits) or registered under section [203 of the act (58 P. S. § 601.215)] 3213 of the act (relating to well registration and identification).
(3) The requirements of section [215 of the act (58 P. S. § 601.215)] 3225 of the act (relating to bonding) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.
(4) Compliance with the act and this title is maintained.
(5) The owner or operator shall notify the Department electronically through its web site at least 3 [working] business days before the land application activity is to occur. The notification must include the date on which the land application is to occur. If the date of land application is extended, the operator shall renotify the Department of the new proposed date, which does not need to be 3 business days in advance.
* * * * * (20) The land application area shall be revegetated to stabilize the soil surface and comply with [§ 78.53] Chapter 102 (relating to erosion and [sedimentation] sediment control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.
(21) If [a chemical] additional analysis conducted under paragraph (19) fails to show compliance with [paragraph (18)] this section, the owner or operator shall remediate the land application area until compliance is demonstrated.
(b) A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the concentration of contaminants in the leachate from the waste does not exceed the maximum concentration stated in [§ 261.24 Table I (relating to characteristic of toxicity)] 40 CFR 261.24, Table 1 (relating to maximum concentration of contaminants for the toxicity characteristic).
(c) The owner or operator may request to dispose of residual waste, including contaminated drill cuttings, in an alternate manner from that required in subsection (a) by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.
(d) The operator shall document compliance with subsection (b) and be made available to the Department upon request while conducting activities under subsection (a) and submitted under § 78.65(f)(7) (relating to site restoration).
§ 78.64. Containment around oil and condensate tanks.
(a) If an owner or operator uses a tank with a capacity of at least 660 gallons or tanks with a combined capacity of at least 1,320 gallons to contain oil or condensate produced from a well, the owner or operator shall construct and maintain a dike or other method of secondary containment which satisfies the requirements under 40 CFR Part 112 (relating to oil pollution prevention) around the tank or tanks which will prevent the tank contents from entering waters of this Commonwealth.
* * * * * (Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 78.64a. Containment systems and practices at unconventional well sites.
(a) This section applies to unconventional well sites.
(b) Well sites shall be designed and constructed using containment systems and practices that prevent spills of regulated substances to the ground surface and to prevent spills from leaving the well site.
(c) All regulated substances, including solid wastes and other regulated substances in equipment or vehicles, shall be managed within a containment system. This subsection does not apply to fuel stored in equipment or vehicle fuel tanks unless the equipment or vehicle is being refueled at the well site.
(d) Pits and centralized impoundments that comply with this chapter are deemed to meet the requirements of this section.
(e) Containment systems must meet all of the following:
(1) A containment system must be used on the well site when any equipment that will be used for any phase of drilling, casing, cementing, hydraulic fracturing or flowback operations is brought onto a well site and when regulated substances including drilling mud, drilling mud additives, hydraulic oil, diesel fuel, hydraulic fracturing additives or flowback are brought onto or generated at the well site.
(2) A containment system must have a coefficient of permeability no greater than 1 x 10-10 cm/sec.
(3) The physical and chemical characteristics of all liners, coatings or other materials used as part of the containment system, that could potentially come into direct contact with regulated substances being stored, must be compatible with the regulated substance and be resistant to physical, chemical and other failure during handling, installation and use. Liner compatibility shall satisfy ASTM Method D5747, Compatibility Test for Wastes and Membrane Liners, or other standards as approved by the Department.
(f) An operator shall utilize secondary containment when storing additives, chemicals, oils or fuels. The secondary containment must have sufficient containment capacity to hold the volume of the largest container within the secondary containment area plus 10% to allow for precipitation, unless the container is equipped with individual secondary containment such as a double walled tank. Tanks that are manifolded together shall be designed in a manner to prevent the uncontrolled discharge of multiple manifolded tanks. A well site liner that is not used in conjunction with other containment systems does not constitute secondary containment for the purpose of this subsection.
(g) Subsurface secondary containment systems may be employed at the well site. Subsurface secondary containment must meet the following requirements:
(1) Subsurface secondary containment systems must have a coefficient of permeability of no greater than 1 x 10-10 cm/sec with sufficient strength and thickness to maintain the integrity of the containment system. The thickness of a subsurface containment system must be at least 30 mils. Adjoining sections of the subsurface containment system must be sealed together, in accordance with the manufacturer's directions, to prevent leakage. All seams of the adjoining sections shall have their integrity tested prior to being covered.
(2) Subsurface secondary containment systems must be designed to allow for the management or removal of stormwater.
(3) Subsurface secondary containment systems must be designed and installed in a manner that prevents damage to the system by the sub-base or the movement of equipment or other activities on the surface.
(4) Subsurface secondary containment systems may not be used to store regulated substances.
(5) A written standard of operational procedure for the inspection, maintenance and repair of the subsurface secondary containment system shall be included in the preparedness, prevention and contingency plan.
(h) All surface containment systems shall be inspected weekly to ensure integrity. If the containment system is damaged or compromised, the well operator shall repair the containment system as soon as practicable. The well operator shall maintain records of any repairs until the well site is restored. Stormwater shall be removed as soon as possible and prior to the capacity of secondary containment being reduced by 10% or more.
(i) Regulated substances that escape from primary containment or are otherwise spilled onto a containment system shall be removed as soon as possible. After removal of the regulated substances the operator shall inspect the containment system. A Department-approved leak detection system capable of rapidly detecting a leak shall satisfy the requirement to inspect the integrity of a subsurface containment system. Groundwater monitoring wells do not constitute a leak detection system for the purpose of this subsection. If the containment system did not completely contain the material, the operator shall notify the Department and remediate the affected area in accordance with § 78.66 (relating to reporting and remediating releases).
(j) Stormwater that comes into contact with regulated substances stored within the secondary containment area shall be managed as residual waste.
(k) Inspection reports and maintenance records shall be available at the well site for review by the Department.
(l) Documentation of chemical compatibility of containment systems with material stored within the system shall be provided to the Department upon request.
§ 78.65. Site restoration.
[In addition to complying with section 206 of the act (58 P. S. § 601.206), an owner or operator shall meet the following requirements:]
(a) The owner or operator shall restore the land surface within the area disturbed under section 3216 of the act (relating to well site restoration) and Chapter 102 (relating to erosion and sediment control).
[(1)] (b) A drill hole or bore hole used to facilitate the drilling of a well shall be filled with cement, soil, uncontaminated drill cuttings or other earthen material before moving the drilling equipment from the well site.
[(2)] (c) If a well site is constructed and the well is not drilled, the well site shall be restored within 30 calendar days after the expiration of the well permit unless the Department approves an extension for reasons of adverse weather or lack of essential fuel, equipment or labor.
(d) Within 9 months after completion of drilling a well, the owner or operator shall restore the well site, remove or fill all pits used to contain produced fluids or residual wastes and remove all drilling supplies, equipment and containment systems not needed for production. When multiple wells are drilled on a single well site, post-drilling restoration is required within 9 months after completion of drilling all permitted wells on the well site or 30 calendar days after the expiration of all existing well permits on the well site, whichever occurs later. Drilling supplies and equipment not needed for production may only be stored on the well site if express written consent of the surface landowner is obtained and, for unconventional well sites, the supplies or equipment are maintained in accordance with § 78.64a (relating to containment systems and practices at unconventional well sites).
(1) An area is restored under this subsection if the following are met:
(i) All permanent post-construction stormwater control features as identified in the PCSM plan or site restoration plan are in place consistent with § 102.8 (relating to PCSM requirements).
(ii) Remaining impervious areas are minimized. Impervious areas include areas where the soil has been compacted, areas where the soil has been treated with amendments to firm or harden the soil and areas where soil is underlain with an impermeable liner.
(iii) All areas of the site not needed to safely operate the well are restored to approximate original conditions, including preconstruction contours, and can support the land uses that existed prior to oil and gas activities to the extent practicable. The areas needed to safely operate the well include to the following:
(A) Areas used for service vehicle and rig access.
(B) Areas used for storage tanks and secondary containment facilities.
(C) Areas used for wellheads and appurtenant processing facilities.
(D) Area used for any necessary safety buffer limited to the area surrounding equipment that is physically cordoned off to protect the facilities.
(E) Area used to store any supplies or equipment consented to by the surface landowner.
(F) Area used for operation and maintenance of long-term PCSM best management practices.
(iv) Earth disturbance associated with oil and gas activities that are not included in an approved site restoration plan, and other remaining impervious surfaces, must comply with all post-construction stormwater management requirements in Chapter 102.
(v) The site is permanently stabilized according to § 102.22(a) (relating to site stabilization).
(2) The restoration period in this subsection may be extended by the Department for an additional period of time, not to exceed 2 years, upon demonstration by the well owner or operator of either of the following:
(i) The extension will result in less earth disturbance, increased water reuse or more efficient development of the resources.
(ii) Site restoration cannot be achieved due to adverse weather conditions or a lack of essential fuel, equipment or labor.
(3) The demonstration under paragraph (2) shall be submitted on forms provided by the Department 6 months after the completion of drilling for approval by the Department. The demonstration must include a site restoration plan that must provide for:
(i) The timely removal or fill of all pits used to contain produced fluids or residual wastes.
(ii) The removal of all drilling supplies and equipment not needed for production, including containment systems.
(iii) The stabilization of the well site that includes interim post-construction storm water management best management practices in compliance with § 102.8, including § 102.8(a)—(m).
(iv) Other measures to be employed to minimize accelerated erosion and sedimentation in accordance with The Clean Streams Law (35 P. S. §§ 691.1—691.1001).
(v) A minimum uniform 70% perennial vegetative cover over the disturbed area, with a density capable of resisting accelerated erosion and sedimentation, or a best management practice which permanently minimizes accelerated erosion and sedimentation.
(vi) The return of the portions of the site not occupied by production facilities or equipment to approximate original conditions, including precon-struction contours, and supporting the land uses that existed prior to oil and gas activities to the extent practicable.
(4) Written consent of the landowner on forms provided by the Department satisfies the restoration requirements of this section provided the operator develops and implements a site restoration plan that complies with paragraph (3)(i)—(v) and all PCSM requirements in Chapter 102.
(e) Within 9 months after plugging a well, the owner or operator shall remove all production or storage facilities, supplies and equipment and restore the well site to approximate original conditions, including preconstruction contours, and supporting the land uses that existed prior to oil and gas activities to the extent practicable.
[(3)] (f) Within 60 calendar days after the restoration of the well site, the operator shall submit a well site restoration report to the Department. The report shall be made on forms provided by the Department and shall identify the following:
[(i)] (1) The date of land application of the tophole water, the results of pH and specific conductance tests and an estimated volume of discharge.
[(ii)] (2) A description of the method used for disposal or reuse of the free liquid fraction of the waste, and the name of the hauler and disposal facility, if any.
[(iii)] (3) The location, including GPS coordinates, of the pit in relation to the well, the depth of the pit, the type and thickness of the material used for the pit subbase, the type and thickness of the pit liner, the type and nature of the waste, the type of any approved solidifier, a description of the pit closure procedures used and the pit dimensions.
[(iv)] (4) The location of the area used for land application of the waste, and the results of a chemical analysis of the waste soil mixture if requested by the Department.
[(v)] (5) The types and volumes of waste produced and the name and address of the waste disposal facility and waste hauler used to dispose of the waste.
(6) The name, qualifications and basis for determination that the bottom of a pit used for encapsulation is at least 20 inches above the seasonal high groundwater table.
(7) The test results required under §§ 78.62 and 78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application) for all unconventional wells or any conventional wells with a horizontal well bore.
(g) The well operator shall forward a copy of the well site restoration report to the surface landowner if the well operator disposes of drill cuttings or residual waste at the well site.
§ 78.66. Reporting and remediating releases.
[(a) A release of a substance causing or threatening pollution of the waters of this Commonwealth, shall comply with the reporting and corrective action requirements of § 91.33 (relating to incidents causing or threatening pollution).
(b) If a reportable release of brine on or into the ground occurs at the well site, the owner or operator shall notify the appropriate regional office of the Department as soon as practicable, but no later than 2 hours after detecting or discovering the release.
(c) The notice required under subsection (b) shall be by telephone and describe:
(1) The name, address and telephone number of the company and person reporting the incident.
(2) The date and time of the incident or when it was detected.
(3) The location and cause of the incident.
(4) The quantity of the brine released.
(5) Available information concerning the contamination of surface water, groundwater or soil.
(6) Remedial actions planned, initiated or completed.
(d) If, because of an accident, an amount of brine less than the reportable amount as described in § 78.1 (relating to definitions), spills, leaks or escapes, that incident does not have to be reported.
(e) Upon the occurrence of any release, the owner or operator shall take necessary corrective actions to:
(1) Prevent the substance from reaching the waters of this Commonwealth.
(2) Recover or remove the substance which was released.
(3) Dispose of the substance in accordance with this subchapter or as approved by the Department.]
(a) Scope. This section applies to reporting and remediating spills or releases of regulated substances on or adjacent to well sites and access roads.
(b) Reporting releases.
(1) An operator or responsible party shall report the following spills and releases of regulated substances to the Department in accordance with paragraph (2):
(i) A spill or release of a regulated substance causing or threatening pollution of the waters of this Commonwealth.
(ii) A spill or release of 5 gallons or more of a regulated substance over a 24-hour period that is not completely contained by a containment system.
(2) In addition to the notification requirements of § 91.33 (relating to incidents causing or threatening pollution), the operator or responsible party shall contact the appropriate regional Department office by telephone or call the Department's Statewide toll free number at (800) 541-2050 as soon as practicable, but no later than 2 hours after discovering the spill or release. To the extent known, the following information shall be provided:
(i) The name of the person reporting the incident and telephone number where that person can be reached.
(ii) The name, address and telephone number of the responsible party.
(iii) The date and time of the incident or when it was discovered.
(iv) The location of the incident, including directions to the site, GPS coordinates or the 911 address, if available.
(v) A brief description of the nature of the incident and its cause, what potential impacts to public health and safety or the environment may exist, including any available information concerning the contamination of surface water, groundwater or soil.
(vi) The estimated weight or volume of each regulated substance spilled or released.
(vii) The nature of any injuries.
(viii) Remedial actions planned, initiated or completed.
(3) Upon the occurrence of any spill or release, the operator or responsible party shall take necessary corrective actions to prevent:
(i) The regulated substance from reaching the waters of the Commonwealth.
(ii) Damage to property.
(iii) Impacts to downstream users of waters of the Commonwealth.
(4) The Department may immediately approve temporary emergency storage or transportation methods necessary to prevent or mitigate harm to the public health, safety or the environment. Storage may be at the site of the incident or at a site approved by the Department.
(5) After responding to a spill or release, the operator shall decontaminate equipment used to handle the regulated substance, including storage containers, processing equipment, trucks and loaders, before returning the equipment to service. Contaminated wash water, waste solutions and residues generated from washing or decontaminating equipment shall be managed as residual waste.
(c) Remediating releases. Remediation of an area affected by a spill or release is required. The operator or responsible party shall remediate a release in accordance with one of the following:
(1) Spills or releases to the ground of less than 42 gallons at a well site that do not impact or threaten to pollute of waters of the Commonwealth may be remediated by removing the soil visibly impacted by the release and properly managing the impacted soil in accordance with the Department's waste management regulations. The operator or responsible party shall notify the Department of its intent to remediate a spill or release in accordance with this paragraph at the time the report of the spill or release is made. Completion of the cleanup should be documented through the process outlined in § 250.707(b)(1)(iii)(B) (relating to statistical tests).
(2) For spills or releases to the ground of more than 42 gallons or that impact or threaten pollution of waters of the Commonwealth, the operator or responsible person may satisfy the requirements of this subsection by demonstrating attainment of one or more of the standards established by Act 2 and Chapter 250 (relating to administration of land recycling program).
(3) For releases of more than 42 gallons or that impact or threaten pollution waters of the Commonwealth, as an alternative to paragraph (2), the responsible party may remediate a spill or release using the Act 2 background or Statewide health standard in the following manner:
(i) Within 15 business days of the spill or release, the operator or responsible party shall provide an initial written report that includes, to the extent that the information is available, the following:
(A) The regulated substance involved.
(B) The location where the spill or release occurred.
(C) The environmental media affected.
(D) Impacts to water supplies, buildings or utilities.
(E) Interim remedial actions planned, initiated or completed.
(ii) The initial report must also include a summary of the actions the operator or responsible party intends to take at the site to address the spill or release such as a schedule for site characterization, to the extent known, and the anticipated time frames within which it expects to take those actions. After the initial report, any new impacts identified or discovered during interim remedial actions or site characterization shall also be reported in writing to the Department within 15 calendar days of their discovery.
(iii) Within 180 calendar days of the spill or release, the operator or responsible party shall perform a site characterization to determine the extent and magnitude of the contamination and submit a site characterization report to the appropriate Department regional office describing the findings. The report must include a description of any interim remedial actions taken. For a background standard remediation, the site characterization must contain information required under § 250.204(b)—(e) (relating to final report). For a Statewide health standard remediation, the site characterization must contain information required under § 250.312(a) (relating to final report).
(iv) This report may be a final remedial action report if the interim remedial actions meets all of the requirements of an Act 2 background or Statewide health standard remediation or combination thereof. Remediation conducted under this section may not be required to meet the notice and review provisions of these standards except as described in this section.
(v) If the site characterization indicates that the interim remedial actions taken did not adequately remediate the release the operator or responsible party shall develop and submit a remedial action plan to the appropriate Department regional office for approval. The plan is due within 45 calendar days of submission of the site characterization to the Department. Remedial action plans should contain the elements outlined in § 245.311(a) (relating to remedial action plan).
(vi) Once the remedial action plan is implemented, the responsible party shall submit a final report to the appropriate Department regional office for approval. The Department will review the final report to ensure that the remediation has met all the requirements of the background or Statewide health standard, or combination thereof, except the notice and review provisions. Relief from liability will not be available to the responsible party, property owner or person participating in the cleanup.
(vii) An operator or responsible party remediating a release under this paragraph may elect to utilize Act 2 at any time.
(Editor's Note: Sections 78.67, 78.68, 78.68a, 78.68b, 78.69, 78.70 and 78.70a are new and printed in regular type to enhance readability.)
§ 78.67. Borrow pits.
(a) An operator who owns or controls a borrow pit that does not require a permit under the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326) under the exemption in section 3273.1(b) of the act (relating to relationship to solid waste and surface mining), shall operate, maintain and reclaim the borrow pit in accordance with the performance standards in Chapter 77, Subchapter I and Chapter 102 (relating to environmental protection performance standards; and erosion and sediment control), and other applicable laws.
(b) Operators shall register the location of their existing borrow pits by ______ , (Editor's Note: The blank refers to 60 calendar days after the effective date of adoption of this proposed rulemaking.) by providing the Department, in writing, with the GPS coordinates, township and county where the borrow pit is located. The operator shall register the location of a new borrow pit prior to construction.
(c) Borrow pits used for the development of oil and gas well sites and access roads that no longer meet the conditions under section 3273.1 of the act must meet one of the following:
(1) Be restored within 9 months after completion of drilling all permitted wells on the well site or 30 calendar days after the expiration of all existing well permits on the well site, whichever occurs later.
(2) Obtain a noncoal surface mining permit for its continued use, unless relevant exemptions apply under the Noncoal Surface Mining Conservation and Reclamation Act and regulations promulgated thereunder. A 2-year extension of the restoration requirement may be approved under § 78.65(d) (relating to site restoration).
§ 78.68. Oil and gas gathering lines.
(a) All earth disturbance activities associated with oil and gas gathering line installations and supporting facilities are limited to the construction right-of-way, work space areas, pipe storage yards, borrow and disposal areas, access roads and other necessary areas identified on the erosion and sediment control plan.
(b) Highly visible flagging, markers or signs must be used to identify the shared boundaries of the limit of disturbance, wetlands and locations of threatened or endangered species habitat prior to land clearing. The flagging, markers or signs shall be maintained throughout earth disturbance activities and restoration or PCSM activities.
(c) The operator shall maintain topsoil and subsoil during excavation under the following, unless otherwise authorized by the Department:
(1) Topsoil and subsoil must remain segregated until restoration.
(2) Topsoil and subsoil must be prevented from entering watercourses and bodies of water.
(3) Topsoil cannot be used as bedding for pipelines.
(4) Native topsoil or imported topsoil must be of equal or greater quality to ensure the land is capable of supporting the uses that existed prior to earth disturbance.
(d) Backfilling of the gathering line trench shall be conducted in a manner that minimizes soil compaction to ensure that water infiltration rates of the soil have not been decreased.
(e) Equipment may not be refueled within the jurisdictional floodway of any watercourse or within 50 feet of any body of water.
(f) Materials staging areas shall be outside of a jurisdictional floodway of any watercourse or greater than 50 feet from any body of water.
(g) The gathering line operator shall maintain the pipeline right-of-way, service roads and points of access to minimize the potential for accelerated erosion and sedimentation and to manage post-construction stormwater and minimize impacts to existing riparian buffers in accordance with Chapter 102.
(h) All buried metallic gathering lines shall be installed and placed in operation in accordance with 49 CFR Part 192 or 195 (relating to transportation of natural and other gas by pipeline: minimum Federal safety standards; and transportation of hazardous liquids by pipeline).
§ 78.68a. Horizontal directional drilling for oil and gas pipelines.
(a) Any horizontal directional drilling associated with pipeline construction related to oil and gas operations, including gathering and transmission pipelines, that occurs beneath any body of water or watercourse will be authorized by the Department in accordance with Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management).
(b) Prior to beginning of any horizontal directional drilling activity, the directional drilling operator shall develop a PPC plan under § 102.5(l) (relating to permit requirements). The PPC plan must include a site specific contingency plan that describes the measures to be taken to control, contain and collect any discharge of drilling fluids and minimize impacts to waters of the Commonwealth. The PPC plan must be present onsite during drilling operations and made available to the Department upon request.
(c) The Department shall be notified at least 24 hours prior to beginning of any horizontal directional drilling activities, including conventional boring, beneath any body of water or watercourse. Notice shall be made electronically to the Department through its web site and include the name of the municipality where the activities will occur, GPS coordinates of the entry point of the drilling operation and the date when drilling will begin.
(d) All required permits and Material Safety Data Sheets shall be on site during horizontal directional drilling operations and be made available to the Department upon request.
(e) Materials staging areas shall be outside of a floodway, as defined in § 105.1 (relating to definitions), of any watercourse or greater than 50 feet from any body of water.
(f) Drilling fluid additives other than bentonite and water must be approved by the Department prior to use. All approved horizontal directional drilling fluid additives will be listed on the Department's web site.
(g) Horizontal directional drilling operations shall be monitored for pressure and loss of drilling fluid returns. Bodies of water and watercourses over and adjacent to horizontal directional drilling operations shall also be monitored for any signs of drilling fluid discharges. Monitoring shall be in accordance with the PPC plan.
(h) Horizontal directional drilling activities may not result in a discharge of drilling fluids to waters of the Commonwealth. If a discharge occurs during horizontal directional drilling activities, the drilling operator shall immediately implement the contingency plan developed under subsection (b).
(i) When a drilling fluid discharge or loss of drilling fluid circulation is discovered, the loss or discharge shall be immediately reported to the Department, and the operator shall request an emergency permit under § 105.64 (relating to emergency permits), if necessary.
(j) Any water supply complaints received by the operator shall be reported to the Department within 24 hours through the Department's web site.
(k) Horizontal directional drilling fluid returns and drilling fluid discharges shall be contained, stored and recycled or disposed of in accordance with Part I, Subpart D, Article IX (relating to residual waste management).
§ 78.68b. Temporary pipelines for oil and gas operations.
(a) Temporary pipelines must meet applicable requirements in Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management).
(b) Temporary pipelines that transport fluids other than fresh ground water, surface water, water from water purveyors or approved sources shall be installed aboveground except when crossing pathways, roads or railways where the pipeline may be installed below ground surface.
(c) Temporary pipelines cannot be installed through existing stream culverts, storm drain pipes or under bridges without approval by the Department under § 105.151 (relating to permit applications for construction or modification of culverts and bridges).
(d) The section of a temporary pipeline crossing over a watercourse or body of water, except wetlands, may not have joints or couplings. Temporary pipeline crossings over wetlands must utilize a single section of pipe to the extent practicable. Shut off valves shall be installed on both sides of the temporary crossing.
(e) In addition to the requirements of subsection (c), temporary pipelines used to transport fluids other than fresh ground water, surface water, water from water purveyors or approved sources, must have shut off valves, check valves or other method of segmenting the pipeline placed at designated intervals, to be determined by the pipeline diameter, that prevent the discharge of no more than 1,000 barrels of fluid. Elevation changes that would effectively limit flow in the event of a pipeline leak shall be taken into consideration when determining the placement of shut off valves and be considered effective flow barriers.
(f) Highly visible flagging shall be placed at regular intervals, no greater than 75 feet, along the entire length of the temporary pipeline.
(g) Temporary pipelines shall be pressure tested prior to being first placed into service and after the pipeline is moved or altered. A passing test is holding 125% of the anticipated maximum pressure for 2 hours. Leaks or other defects discovered during pressure testing shall be repaired prior to use.
(h) Water used for hydrostatic pressure testing shall be discharged in a manner that does not result in a discharge to waters of the Commonwealth unless approved by the Department.
(i) Temporary pipelines shall be inspected prior to and during each use. Inspection dates and any defects and repairs to the temporary pipeline shall be documented and made available to the Department upon request.
(j) Temporary pipelines not in use for more than 7 calendar days shall be emptied and depressurized.
(k) Flammable materials may not be transported through a temporary pipeline.
(l) Temporary pipelines shall be removed in accordance with the required restoration timeline of the well site it serviced under § 78.65 (relating to site restoration).
(m) An operator shall keep records regarding the location of all temporary pipelines, the type of fluids transported through those pipelines and the approximate period of time that the pipeline was installed. The records shall be made available to the Department upon request.
§ 78.69. Water management plans.
(a) WMPs for unconventional well operators. An unconventional well operator shall obtain a Department-approved WMP under section 3211(m) of the act (relating to well permits) prior to withdrawal or use of water sources for drilling or completing an unconventional well.
(b) Implementation. The requirements imposed by the Susquehanna River Basin Commission pertaining to:
(1) Posting of signs at water withdrawal locations.
(2) Monitoring of water withdrawals or purchases.
(3) Reporting of withdrawal volumes, in-stream flow measurements and water source purchases.
(4) Recordkeeping shall be implemented in the Ohio River Basin. Reports required in all river basins of the Commonwealth shall be submitted electronically to the Department.
(c) Reuse plan. An unconventional well operator submitting a WMP application shall develop a reuse plan for fluids that will be used to hydraulically fracture wells. A wastewater source reduction strategy in compliance with § 95.10(b) (relating to treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS)) will satisfy the reuse plan requirement. An unconventional well operator shall make the reuse plan available for review by the Department upon request.
(d) Approval. When applicable, the requirements of this section are presumed to be achieved for those portions of a WMP for which there is an approval from the Susquehanna River Basin Commission, the Delaware River Basin Commission or the Great Lakes Commission. This subsection does not affect the requirement in subsection (a) for a WMP approved by the Department.
(e) Expiration. Individual water sources within a WMP are valid for 5 years.
(f) Renewal. A WMP renewal application shall be submitted at least 6 months prior to the expiration of the 5-year term for withdrawal or use of a water source under a WMP.
(g) Suspension and revocation. The Department may suspend or revoke an approved water source within a WMP for failure to comply with the WMP or for any reasons in sections 3211(m), 3252 and 3259 of the act (relating to well permits; public nuisances; and unlawful conduct).
(h) Termination. A WMP holder may terminate approval of any water source within an approved WMP by submitting a letter to the Department's Oil and Gas District Office requesting termination of the water source approval.
(i) Denial. The Department may deny approval of a WMP for any of the following reasons:
(1) The WMP application is administratively incomplete.
(2) The WMP will adversely affect the quantity or quality of water available to other users of the same water sources.
(3) The WMP does not protect and maintain the designated and existing uses of the water sources.
(4) The WMP will cause an adverse impact to water quality in the watershed as a whole.
§ 78.70. Road-spreading of brine for dust control and road stabilization.
(a) Road-spreading of brine from oil and gas wells for dust suppression and road stabilization shall be conducted under a plan approved by the Department and may not result in pollution of the waters of the Commonwealth. Only production brines from conventional wells, not including coalbed methane wells, may be used for dust suppression and road stabilization under this section. The use of drilling, hydraulic fracture stimulation flowback, plugging fluids or production brines mixed with well servicing or treatment fluids, except detergents, may not be used for dust suppression and road stabilization.
(b) Road-spreading of brine for dust control and road stabilization shall only be conducted on unpaved roads.
(c) Road-spreading plans shall be submitted annually to the Department for approval and must include the following:
(1) The name, address and telephone number of the plan applicant and of each person who will conduct the actual road-spreading.
(2) The license plate number of each road-spreading truck.
(3) An original signed and dated statement from the person that owns or maintains the roads where road-spreading will be conducted authorizing the use of brine on roads and that that person will supervise the frequency of road-spreading.
(4) A National wetland inventory map identifying the following:
(i) Roads where the road-spreading be conducted.
(ii) Any brine storage areas not located on a well site.
(iii) Bodies of water and watercourses within 150 feet of the roads identified in subparagraph (i).
(5) A description of how road-spreading will be conducted, including the equipment to be used and the method for controlling the rate of application of the brine.
(6) The proposed rate and frequency of application.
(7) The name of each well and the associated geologic formation from which the brine is produced.
(8) A chemical analysis of the brine using parameters provided by the Department. A representative sample of the brine may be used, provided that the operator demonstrates that the representative sample is equivalent to the brine being used for road-spreading.
(d) Plans approved under this section will expire on December 31st of each year.
(e) Road-spreading shall be conducted according to the following:
(1) The application of production brine to unpaved roads shall be performed in accordance with the Department-approved plan.
(2) The brine shall only be applied at a rate and frequency necessary to suppress dust and stabilize the road, but in no event at a rate or frequency greater than the rate and frequency contained in the approved plan.
(3) The road-spreading must prevent direct infiltration to groundwater.
(4) Brine may not enter bodies of water or water courses.
(f) The road shall initially be spread at a rate up to 1/2 gallon per square yard. The road shall subsequently be spread at a rate of up to 1/3 gallon per square yard. The application rate for race tracks and mining haul roads should be determined for each site and may not exceed 1 gallon per square yard.
(g) Road-spreading must meet the following:
(1) Free oil shall be separated from the brine before spreading.
(2) Brine may not be applied within 150 feet of bodies of water or watercourses.
(3) Brine shall be spread by use of a spreader bar with shut off controls in the cab of the truck.
(4) Brine may not be spread on roads or sections of roads which have a grade in excess of 10%.
(5) Brine may not be spread on wet or frozen roads, during precipitation events or when precipitation is imminent.
(h) Trucks utilized to spread brine must have signs identifying plan applicant's name and business address on both sides of the vehicle. The signs must have lettering that is at least 6 inches in height.
(i) A copy of the current Department-approved road-spreading plan shall be kept in the road-spreading vehicle any time road-spreading is being conducted and made available to the Department upon request.
(j) Except for storage at the well site, all storage of brine shall be in tanks in a manner that complies with Chapter 299 (relating to storage and transportation of residual waste).
(k) The Department shall be notified at least 24 hours before road-spreading will begin. This notice shall be submitted electronically to the Department through its web site and include the date the road-spreading will occur and where the activity will occur. If the date of road-spreading changes, the operator shall renotify the Department in accordance with this subsection.
(l) The person identified on the road-spreading plan shall submit a monthly report to the Department on forms provided by the Department listing the locations, frequency and amounts of brine spread during the previous month. Monthly brine spreading reports shall be received by the Department on the 15th day of the month that follows the month the brine was spread. These reports shall be submitted to the Department on a monthly basis even if road-spreading of brine did not take place during the previous month.
(m) Any changes to the approved road-spreading plan shall be submitted to the Department for approval. Approval shall be obtained from the Department in writing prior to deviating from the plan or implementing any revisions to the plan.
(n) Failure to comply with this section may result in the Department rescinding the plan approval.
(o) Persons conducting road-spreading of brine for dust control and road stabilization activities will be deemed to have a residual waste permit by rule if those activities comply with the requirements of this section.
§ 78.70a. Pre-wetting, anti-icing and de-icing.
(a) Use of brine from oil and gas wells for pre-wetting, anti-icing and de-icing shall only be conducted under a plan approved by the Department and may not result in pollution of the waters of the Commonwealth. Only production brines from conventional wells, not including coalbed methane wells or wells drilled in hydrogen sulfide areas, may be used for pre-wetting, anti-icing and de-icing under this section. The use of drilling, hydraulic fracture stimulation flowback, plugging fluids, or production brines mixed with well servicing or treatment fluids, except detergents, may not be used for pre-wetting, anti-icing and de-icing activities.
(b) Use of brine for pre-wetting, anti-icing and de-icing shall only be conducted on paved roads to address winter driving conditions.
(c) Plans required under subsection (a) shall be submitted annually to the Department for approval and must include the following:
(1) The name, address and telephone number of the plan applicant and of each person who will conduct the actual road-spreading.
(2) The license plate number of each road-spreading truck.
(3) An original signed and dated statement from the person that owns or maintains the roads where road-spreading will be conducted authorizing the use of brine on roads and that the person will supervise the frequency of road-spreading.
(4) A National wetland inventory map identifying the following:
(i) Roads where the road-spreading be conducted.
(ii) Any brine storage areas not located on a well site.
(iii) Bodies of water and watercourses within 150 feet of the roads identified in subparagraph (i).
(5) A description of how the brine will be applied including the equipment to be used and the method for controlling the rate of application of the brine.
(6) The proposed rate and frequency of the application.
(7) The name of each well and the associated geologic formation from which the brine is produced.
(8) A chemical analysis of the brine for the parameters required under subsection (e). A representative sample of the brine to be spread may be used, provided that the operator demonstrates that the representative sample is equivalent to the brine being used for pre-wetting, anti-icing and de-icing.
(d) All plans will expire on June 30th of each year.
(e) Brines used for pre-wetting, anti-icing and de-icing activities must meet the following:
Allowable Level Parameter Allowable Level Pre-wetting Anti-icing/De-icing >170,000 mg/l TDS >170,000 mg/l >80,000 mg/l Chloride >80,000 mg/l >40,000 mg/l Sodium >40,000 mg/l >20,000 mg/l Calcium >20,000 mg/l 5 to 9.5 pH 5 to 9.5 <500 mg/l Iron <500 mg/l <100 mg/l Barium <30 mg/l <10 mg/l Lead <5 mg/l <1,000 mg/l Sulfate <400 mg/l <15 mg/l Oil and grease <15 mg/l <0.5 mg/l Benzene <0.5 mg/l <0.7 mg/l Ethylbenzene <0.7 mg/l <1 mg/l Toluene <1 mg/l <1 mg/l Xylene <1 mg/l
(f) The application rates for use of the natural gas well brines are limited to 10 gallons per ton for pre-wetting use, less than 50 gallons per lane per mile for anti-icing use and less than 100 gallons per lane per mile for de-icing.
(g) Brines may not be mixed with other types of solid wastes except bottom ash from the combustion of coal.
(h) Brine shall only be applied to the antiskid material immediately prior to roadway application. Application of brine to uncontained antiskid storage piles is prohibited.
(i) Anti-icing, de-icing and the spreading of pre-wetted antiskid material may not be conducted on wooden or grated deck bridges.
(j) Brine may not enter bodies of water or water courses.
(k) Except for storage at the well site, all storage of brine shall be in tanks in a manner that complies with Chapter 299 (relating to storage and transportation of residual waste).
(l) Every 3 years each source of brine used for pre-wetting, anti-icing and de-icing shall be analyzed for the parameters in subsection (e) prior to submittal of the plan required under subsection (a). The analysis shall be for each individual well utilized or it may be a composite of one or more samples of brines from wells, which produce gas from the same formation. The well permit number and producing formations shall be submitted with the analysis. If the brines used are obtained from a permitted brine treatment facility, the analysis of a representative composite sample shall be submitted along with the facility's National Pollutant Discharge Elimination System permit number.
(m) For each new source of brine, the applicant shall submit an analysis of a representative sample of the brine including all parameters in subsection (e) to the Department. The brine analysis shall be submitted no less than 30 calendar days prior to use. The applicant may utilize the brine in accordance with this section 30 calendar days after submittal of the brine analysis unless otherwise instructed by the Department.
(n) Records of the analytical evaluations conducted on brine under subsections (e) and (l) shall be maintained by the applicant for a minimum of 5 years at the applicant's place of business and shall be available to the Department for inspection. At a minimum, these records must include information on the dates of testing, each parameter tested, the results, the laboratory sampling procedures, analytical methodologies and the chain of custody.
(o) Trucks utilized to spread brine or pre-wetted antiskid material must have signs identifying the person's name and business address on both sides of the truck. The signs must have lettering that is at least 6 inches in height. Controls for spreading brine and pre-wetted anti-skid material must be located in the cab of the truck.
(p) A copy of the current Department-approved plan shall be kept in the spreading truck any time brine or pre-wetted antiskid material spreading is being conducted and made available to the Department upon request.
(q) The Department shall be notified at least 24 hours before brine or pre-wetted antiskid material spreading will begin. This notice shall be submitted electronically to the Department through its web site and include the date the activity will occur and the location where the activity will occur. If the date changes, the operator shall renotify the Department in accordance with this subsection.
(r) The responsible person identified on the approved plan shall submit a monthly report to the Department on forms provided by the Department listing the locations, frequency and amounts of brine or pre-wetted antiskid material spread during the previous month. Monthly brine spreading reports shall be received by the Department on or before the 15th day of the month that follows the month production brine was spread. These reports shall be submitted to the Department on a monthly basis even if activity did not take place in the previous month.
(s) Any changes to the approved plan shall be submitted to the Department for approval. Approval shall be obtained from the Department in writing prior to deviating from the plan or implementing any revisions to the plan.
(t) Failure to comply with this section may result in the Department rescinding the plan approval.
(u) Persons using brine for pre-wetting, anti-icing and de-icing activities in accordance with this section will be deemed to have a residual waste permit by rule.
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