Subchapter C. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
Sec.
78a.51. Protection of water supplies.
78a.52. Predrilling or prealteration survey.
78a.52a. Area of review.
78a.53. Erosion and sediment control and stormwater management.
78a.54. General requirements.
78a.55. Control and disposal planning; emergency response for unconventional wells.
78a.56. Temporary storage.
78a.57. Control, storage and disposal of production fluids.
78a.58. Onsite processing.
78a.59a. Impoundment embankments.
78a.59b. Well development impoundments.
78a.59c. Centralized impoundments.
78a.60. Discharge requirements.
78a.61. Disposal of drill cuttings.
78a.62. Disposal of residual waste—pits.
78a.63. Disposal of residual waste—land application.
78a.63a. Alternative waste management.
78a.64. Secondary containment around oil and condensate tanks.
78a.64a. Secondary containment.
78a.65. Site restoration.
78a.66. Reporting and remediating spills and releases.
78a.67. Borrow pits.
78a.68. Oil and gas gathering pipelines.
78a.68a. Horizontal directional drilling for oil and gas pipelines.
78a.68b. Well development pipelines for oil and gas operations.
78a.69. Water management plans.
78a.70. Road-spreading of brine for dust control and road stabilization.
78a.70a. Pre-wetting, anti-icing and de-icing.§ 78a.51. Protection of water supplies.
(a) A well operator who affects a public or private water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply as determined by the Department.
(b) A landowner, water purveyor or affected person suffering pollution or diminution of a water supply as a result of oil and gas operations may so notify the Department and request that an investigation be conducted. Notice shall be made to the appropriate Department regional office or by calling the Department’s Statewide toll free number at (800) 541-2050. The notice and request must include the following:
(1) The name, address and telephone number of the person requesting the investigation.
(2) The type, location and use of the water supply.
(3) Available background quality and quantity data regarding the water supply, if known.
(4) Well depth, pump setting and water level, if known.
(5) A description of the pollution or diminution.
(c) Within 10 calendar days of the receipt of the investigation request, the Department will investigate the claim and will, within 45 calendar days of receipt of the request, make a determination. If the Department finds that pollution or diminution was caused by the oil and gas operations or if it presumes the well operator responsible for polluting the water supply of the landowner or water purveyor under section 3218(c) of the act (relating to protection of water supplies) as a result of completion, drilling, stimulation or alteration of the unconventional well, the Department will issue orders to the well operator necessary to assure compliance with this section. The presumption established by section 3218(c) of the act is not applicable to pollution resulting from well site construction.
(d) A restored or replaced water supply includes any well, spring, public water system or other water supply approved by the Department, which meets the criteria for adequacy as follows:
(1) Reliability, cost, maintenance and control. A restored or replaced water supply, at a minimum, must:
(i) Be as reliable as the previous water supply.
(ii) Be as permanent as the previous water supply.
(iii) Not require excessive maintenance.
(iv) Provide the water user with as much control and accessibility as exercised over the previous water supply.
(v) Not result in increased costs to operate and maintain. If the operating and maintenance costs of the restored or replaced water supply are increased, the operator shall provide for permanent payment of the increased operating and maintenance costs of the restored or replaced water supply.
(2) Quality. The quality of a restored or replaced water supply will be deemed adequate if it meets the standards established under the Pennsylvania Safe Drinking Water Act (35 P.S. § § 721.1—721.17), or is comparable to the quality of water that existed prior to pollution if the water quality was better than these standards.
(3) Adequate quantity. A restored or replaced water supply will be deemed adequate in quantity if it meets one of the following as determined by the Department:
(i) It delivers the amount of water necessary to satisfy the water user’s needs and the demands of any reasonably foreseeable uses.
(ii) It is established through a connection to a public water supply system that is capable of delivering the amount of water necessary to satisfy the water user’s needs and the demands of any reasonably foreseeable uses.
(iii) For purposes of this paragraph and with respect to agricultural water supplies, the term ‘‘reasonably foreseeable uses’’ includes the reasonable expansion of use where the water supply available prior to drilling exceeded the actual use.
(4) Water source serviceability. Replacement of a water supply includes providing plumbing, conveyance, pumping or auxiliary equipment and facilities necessary for the water user to utilize the water supply.
(e) If the water supply is for uses other than human consumption, the operator shall demonstrate to the Department’s satisfaction that the restored or replaced water supply is adequate for the purposes served by the supply.
(f) Tank trucks or bottled water are acceptable only as temporary water replacement for a period approved by the Department and do not relieve the operator of the obligation to provide a restored or replaced water supply.
(g) If the well operator and the water user are unable to reach agreement on the means for restoring or replacing the water supply, the Department or either party may request a conference under section 3251 of the act (relating to conferences).
(h) A well operator who receives notice from a landowner, water purveyor or affected person that a water supply has been affected by pollution or diminution shall report receipt of notice from an affected person to the Department within 24 hours of receiving the notice. Notice shall be provided electronically to the Department through its web site.
Cross References This section cited in 25 Pa. Code § 78a.66 (relating to reporting and remediating spills and releases).
§ 78a.52. Predrilling or prealteration survey.
(a) A well operator who wishes to preserve its defense under section 3218(d)(2)(i) of the act (relating to protection of water supplies) that the pollution of a water supply existed prior to the drilling or alteration of the well shall conduct a predrilling or prealteration survey in accordance with this section. For the purposes of this section, ‘‘survey’’ means all of the predrilling or prealteration water supply samples associated with a single well.
(b) A person who wishes to document the quality of a water supply to support a future claim that the drilling or alteration of the well affected the water supply by pollution may conduct a predrilling or prealteration survey in accordance with this section.
(c) The survey shall be conducted by an independent Pennsylvania-accredited laboratory. A person independent of the well owner or well operator, other than an employee of the accredited laboratory, may collect the sample and document the condition of the water supply, if the accredited laboratory affirms that the sampling and documentation is performed in accordance with the laboratory’s approved sample collection, preservation and handling procedure and chain of custody.
(d) An operator electing to preserve its defenses under section 3218(d)(2)(i) of the act shall provide a report containing a copy of all the sample results taken as part of the survey electronically to the Department on forms provided through its web site 10 business days prior to the start of drilling of the well that is the subject of the survey. The operator shall provide a copy of any sample results to the landowner or water purveyor within 10 business days of receipt of the sample results. Survey results not received by the Department within 10 business days may not be used to preserve the operator’s defenses under section 3218(d)(2)(i) of the act.
(e) The report describing the results of the survey must contain the following information:
(1) The location of the water supply and the name of the surface landowner or water purveyor.
(2) The date of the survey, and the name of the independent Pennsylvania-accredited laboratory and the person who conducted the survey.
(3) A description of where and how the samples were collected.
(4) A description of the type and age, if known, of the water supply, and treatment, if any.
(5) The name of the well operator, name and number of well to be drilled and permit number if known.
(6) The results of the laboratory analysis.
(f) A well operator who wishes to preserve the defense under section 3218(d)(2)(ii) of the act that the landowner or water purveyor refused the operator access to conduct a survey shall confirm the desire to conduct this survey and that access was refused by issuing notice to the person by certified mail, or otherwise document that access was refused. The notice must include the following:
(1) The operator’s intention to drill or alter a well.
(2) The desire to conduct a predrilling or prealteration survey.
(3) The name of the person who requested and was refused access to conduct the survey and the date of the request and refusal.
(4) The name and address of the well operator and the address of the Department, to which the water purveyor or landowner may respond.
(g) The operator of an unconventional well shall provide written notice to the landowner or water purveyor indicating that the presumption established under section 3218(c) of the act may be void if the landowner or water purveyor refused to allow the operator access to conduct a predrilling or prealteration survey. Proof of written notice to the landowner or water purveyor shall be provided to the Department for the operator to retain the protections under section 3218(d)(2)(ii) of the act. Proof of written notice will be presumed if provided in accordance with section 3212(a) of the act (relating to permit objections).
§ 78a.52a. Area of review.
(a) The operator shall identify the surface and bottom hole locations of any of the following having well bore paths within 1,000 feet measured horizontally from the vertical well bore and 1,000 feet measured from the surface above the entire length of a horizontal well bore:
(1) Active wells.
(2) Inactive wells.
(3) Orphan wells.
(4) Abandoned wells.
(5) Plugged and abandoned wells.
(b) Identification of wells listed in subsection (a) must be accomplished by the following:
(1) Conducting a review of the Department’s well databases and other available well databases.
(2) Conducting a review of historical sources of information, such as applicable farm line maps, where accessible.
(3) Submitting a questionnaire by certified mail on forms provided by the Department to landowners whose property is within the area identified in subsection (a) regarding the precise location of wells on their property.
(c) The operator shall submit a report summarizing the review, including:
(1) A plat showing the location and GPS coordinates of all wells identified under subsection (b).
(2) Proof that the operator submitted questionnaires under subsection (b)(3).
(3) A monitoring plan for wells required to be monitored under § 78a.73(c) (relating to general provision for well construction and operation), including the methods the operator will employ to monitor these wells.
(4) To the extent that information is available, the true vertical depth of identified wells.
(5) The sources of the information provided for identified wells.
(6) To the extent that information is available, surface evidence of failed well integrity for any identified well.
(d) The operator shall submit the report required under subsection (c) to the Department at least 30 days prior to the start of drilling the well or at the time the permit application is submitted if the operator plans to start drilling the well less than 30 days from the date of permit issuance. The report shall be provided to the Department electronically through the Department’s web site.
(e) The Department may require other information necessary to review the report submitted under subsection (c). The Department may make a determination that additional measures are needed, on a case-by-case basis, to ensure protection of waters of the Commonwealth.
Cross References This section cited in 25 Pa. Code § 78a.73 (relating to general provision for well construction and operation); and 25 Pa. Code § 78a.122 (relating to well record and completion report).
§ 78a.53. Erosion and sediment control and stormwater management.
Any person proposing or conducting earth disturbance activities associated with oil and gas operations shall comply with Chapter 102 (relating to erosion and sediment control). Best management practices for erosion and sediment control and stormwater management for oil and gas operations are listed in the Erosion and Sediment Pollution Control Program Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008, as amended and updated, the Pennsylvania Stormwater Best Management Practices Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-0300-002, as amended and updated, the Oil and Gas Operators Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 550-0300-001, as amended and updated, and Riparian Forest Buffer Guidance, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 395-5600-001, as amended and updated.
Cross References This section cited in 25 Pa. Code § 78a.60 (relating to discharge requirements); and 25 Pa. Code § 78a.61 (relating to disposal of drill cuttings).
§ 78a.54. General requirements.
The well operator shall control and dispose of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings, in a manner that prevents pollution of the waters of the Commonwealth and in accordance with § § 78a.55—78a.58 and 78a.60—78a.63 and with the statutes under which this chapter is promulgated.
Cross References This section cited in 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells).
§ 78a.55. Control and disposal planning; emergency response for unconventional wells.
(a) Preparation and implementation of plan for oil and gas operations. Persons conducting oil and gas operations shall prepare and implement site-specific PPC plans according to § § 91.34 and 102.5(l) (relating to activities utilizing pollutants; and permit requirements).
(b) Preparation and implementation of plan for well sites. In addition to the requirements in subsection (a), the well operator shall prepare and develop a site-specific PPC plan prior to storing, using, or generating regulated substances on a well site from the drilling, alteration, production, plugging or other activity associated with a gas well or transporting those regulated substances to, on or from a well site.
(c) Containment practices. The well operator’s PPC plan must describe the containment practices to be utilized and the area of the well site where primary and secondary containment will be employed as required under § 78a.64a (relating to secondary containment). The PPC plan must include a description of the equipment to be kept onsite during drilling and hydraulic fracturing operations that can be utilized to prevent a spill from leaving the well site.
(d) Requirements. The well operator’s PPC plan must also identify the control and disposal methods and practices utilized by the well operator and be consistent with the act, The Clean Streams Law (35 P.S. § § 691.1—691.1001), the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003) and § § 78a.54, 78a.56—78a.58 and 78a.60—78a.61. The PPC plan must also include a pressure barrier policy developed by the operator that identifies barriers to be used during identified operations.
(e) Revisions. The well operator shall revise the PPC plan prior to implementing a change to the practices identified in the PPC plan.
(f) Copies. A copy of the well operator’s PPC plan shall be provided to the Department, the Fish and Boat Commission or the landowner upon request and shall be available at the site during drilling and completion activities for review.
(g) Guidelines. With the exception of the pressure barrier policy required under subsection (d), a PPC plan developed in conformance with the Guidelines for the Development and Implementation of Environmental Emergency Response Plans, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 400-2200-001, as amended and updated, will be deemed to meet the requirements of this section.
(h) Emergency contacts. A list of emergency contact phone numbers for the area in which the well site is located must be included in the PPC plan and be prominently displayed at the well site during drilling, completion or alteration activities.
(i) Emergency response for unconventional well sites.
(1) Applicability. This subsection applies to unconventional wells.
(2) Definitions. For the purposes of this subsection, the following definitions apply:
Access road—A road connecting a well site to the nearest public road, private named road, administrative road with a name and address range, or private unnamed road with an address range.
Address—A location, by reference to a road or a landmark, made by a county or municipality responsible for assigning addresses within its jurisdiction.
Administrative road—A road owned and maintained by the Commonwealth open to the public at the discretion of the Commonwealth that may or may not have a name and address range.
Emergency responder—Police, firefighters, emergency medical technicians, paramedics, emergency management personnel, public health personnel, State certified hazardous materials response teams, Department emergency personnel and other personnel authorized in the course of their occupations or duties, or as an authorized volunteer, to respond to an emergency.
Entrance—The point where the access road to a well site connects to the nearest public road, private named road, administrative road with a name and address range, or a private unnamed road with an address range.
GPS coordinates—The coordinates in latitude and longitude as expressed in degrees decimal to at least six digits after the decimal point based upon the World Geodetic System 1984 Datum or any other datum approved by the Department.
PEMA—The Pennsylvania Emergency Management Agency.
Private named road—A private road with a name and address range.
Private road—A road that is not a public road.
Private unnamed road—A private road that is not a private named road.
Public road—A road owned and maintained by the Commonwealth, a county within this Commonwealth, a municipality within the Commonwealth or any combination thereof that is open to the public.
Public safety answering point—An entity operating in cooperation with local municipalities and counties to receive 9-1-1 calls for a defined geographic area and process calls according to a specific operational policy.
Well site name—The name used to designate the well site by the operator on the well permit application submitted to the Department.(3) Registration of addresses.
(i) Prior to construction of an access road to a well site, the operator of an unconventional well shall request a street address for the well site from the county or municipality responsible for assigning street addresses.
(ii) The operator shall determine the GPS coordinates for both the well site and the entrance to the well site. The GPS coordinates must have a horizontal accuracy of plus or minus 6.67 feet or better. If there is more than one well on a well site, one set of GPS coordinates must be used for the well site.
(iii) The operator shall register the following with PEMA, the Department, the Public Safety Answering Point and the county emergency management organization within the county where the well site is located:
(A) The well site name.
(B) The well site address.
(C) The GPS coordinates for the entrance and the well site.
(iv) When there is a change of well site address, the operator shall register the new address as provided in subparagraph (iii).
(v) When there is a change of the entrance due to a change in the well site address or otherwise, the operator shall register the GPS coordinates for the entrance as provided in subparagraph (iii).
(vi) The following shall be retained at the well site for reference when contacting emergency responders:
(A) The well site name.
(B) The well site address.
(C) The GPS coordinates for the entrance and the well site.
(4) Signage.
(i) Prior to construction of the access road, the operator of an unconventional well shall display a reflective sign at the entrance.
(ii) The sign must meet the following requirements:
(A) The sign must be fabricated with approved retroreflective sheeting material meeting ASTM 4956 Type III.
(B) The sign must have a white background with a 2-inch red border and black numbers and letters. Signs for entrances on administrative roads may use other colors provided that the signs use contrasting colors between the background, border, numbers and letters.
(C) The sign must be of sufficient size to accommodate the required information described in this section. The minimum size of a sign must be 36 inches in height and 48 inches in width.
(D) The sign must follow the format of Figure 1 and contain:
(I) The address number for the well site displayed horizontally on the first line of the sign in text no smaller than 4 inches in height.
(II) The full address of the entrance, including the county and municipality in which the entrance is located.
(III) The well operator’s company name.
(IV) The 24-hour contact telephone information for the operator of the well site.
(V) The GPS coordinates for the entrance.
(VI) The well site name.
(VII) The wording ‘‘In Case of Emergency Call 9-1-1.’’
(iii) The sign must be mounted independently from other signage.
(iv) The bottom of the sign must be positioned a minimum of 3 feet above ground level.
(v) The sign may not contain other markings.
(vi) A sign, as viewed from the applicable road, may not be obstructed from view by vegetation, equipment, vehicles or other obstruction.
(vii) During drilling operations, the American Petroleum Institute (API) permit numbers of the wells at the site may be posted on a nonreflective sign below the principal sign. The API sign may be removed after the well is completed, provided that it is not otherwise required to be posted.
Figure 1. Sample Site Entrance Signage
(Not to scale) (5) Emergency response planning.
(i) The operator of an unconventional well shall develop and implement an emergency response plan that provides for equipment, procedures, training and documentation to properly respond to emergencies that threaten human health and safety for each well site. The plan must incorporate National Incident Management System planning standards, including the use of the Incident Command System, Incident Action Planning and Common Communications Plans. The plan must include:
(A) The emergency contact information, including phone numbers, for the well operator’s local representative for the well site and the well operator’s 24-hour emergency phone number.
(B) The emergency notification procedures that the operator shall utilize to contact emergency responders during an emergency.
(C) A description of the well site personnel’s response to the following well site emergencies:
(I) Fire.
(II) Medical emergency.
(III) Explosion or similar event.
(IV) Spill.
(V) Security breach or other security event.
(VI) Any other incident that necessitates the presence of emergency responders.
(D) A description of the procedure to be used to provide the most current information to emergency responders in the event of an emergency, including the following:
(I) The current Safety Data Sheet (SDS) required under law to be present at the well site.
(II) The location of the SDSs at the well site.
(III) The name of the position in the operator’s organization responsible for providing the information in subclauses (I) and (II).
(E) A list containing the location of any fire suppression and spill control equipment maintained by the well operator at the well site.
(F) A description of any emergency equipment available to the operator that is located off of the well site.
(G) A summary of the risks and hazards to the public within 1/2 mile of the well site and the associated planning assumptions.
(H) An outline of the emergency response training plan that the operator has established.
(I) The location of and monitoring plan for any emergency shutoff valves located along well development pipelines in accordance with § 78a.68b (relating to well development pipelines for oil and gas operations).
(ii) The emergency response plan in subparagraph (i) may consist of two parts:
(A) A base plan common to all of the operator’s well sites containing some of the elements described in subparagraph (i).
(B) A site-specific plan containing the remaining elements described in subparagraph (i).
(iii) The operator shall submit a copy of the current emergency response plan for that well site unless the permit provides otherwise. For plans using the approach in subparagraph (ii), the operator may submit one base plan provided that the site-specific plans are submitted for each well site.
(iv) The operator shall review the plan and submit an update annually on or before March 1 each year. In the event that updates are not made to the plan for that review period, the operator shall submit a statement indicating the review was completed and updates to the plan were not necessary.
(v) The plan and subsequent updates shall be submitted to:
(A) PEMA.
(B) The Department.
(C) The county emergency management agency.
(D) The Public Safety Answering Point with jurisdiction over the well site.
(vi) A copy of the plan shall be available at the well site during all phases of operation.
(vii) The emergency response plan must address response actions for the following stages of operation at the well site:
(A) Preparation of the access road and well site.
(B) Drilling of the well.
(C) Hydraulic fracturing and stimulation of the well.
(D) Production.
(E) Well site restoration.
(F) Plugging of the well.
(viii) The requirements in subparagraphs (i)—(vii) may be met by implementing guidance issued by the Department in coordination with PEMA.
(6) Transition.
(i) This subsection is effective January 26, 2013, except as provided in subparagraph (ii).
(ii) For a well site containing a well that is being drilled or has been drilled as of January 26, 2013, or a well site for which a well permit has been issued but wells have not started drilling as of January 26, 2013, or a well site for which an administratively complete application is pending as of January 26, 2013, as provided in subparagraph (i), the following applies:
(A) Paragraph (3) is effective on February 25, 2013.
(B) Paragraph (4) is effective on July 25, 2013.
(C) Paragraph (5) is effective on April 26, 2013.
Cross References This section cited in 25 Pa. Code § 78a.15 (relating to application requirements); 25 Pa. Code § 78a.54 (relating to general requirements); and 25 Pa. Code § 78a.72 (relating to use of safety devices—blow-out prevention equipment).
§ 78a.56. Temporary storage.
(a) Except as provided in § § 78a.60(b) and 78a.61(b) (relating to discharge requirements; and disposal of drill cuttings), the operator shall contain regulated substances and wastes used at or generated at a well site in a tank, series of tanks or other storage structures approved by the Department. The operator shall install or construct and maintain the tank or series of tanks or other approved storage structures in accordance with the following requirements:
(1) The tank, series of tanks or other approved storage structure shall be constructed and maintained with sufficient capacity to contain all regulated substances which are used or produced during drilling, altering, completing, recompleting, servicing and plugging the well.
(2) Modular aboveground storage structures that exceed 20,000 gallons capacity may not be utilized to store regulated substances without prior Department approval. The Department will maintain a list of approved modular storage structures on its web site.
(3) The operator shall obtain siting approval from the Department for site-specific installation of all modular aboveground storage structures for each individual well site where use of the modular aboveground storage structure is proposed.
(4) After obtaining approval to utilize a modular aboveground storage structure at a specific well site, the owner or operator shall notify the Department at least 3 business days before the beginning of construction of these storage structures. The notice shall be submitted electronically to the Department through its web site and include the date the storage structure installation will begin. If the date of installation is extended, the operator shall renotify the Department with the date that the installation will begin, which does not need to be 3 business days in advance.
(5) If open tanks or open storage structures are used, the tanks and storage structures shall be maintained so that at least 2 feet of freeboard remain at all times unless the tank or storage structure is provided with an overflow system to a standby tank with sufficient volume to contain all excess fluid or regulated substances. If an open standby tank or standby open storage structure is used, it shall be maintained with 2 feet of freeboard. If this subsection is violated, the operator shall immediately take the necessary measures to ensure the structural stability of the tank or other storage structure, prevent spills and restore the 2 feet of freeboard.
(6) Tanks and other approved storage structures shall be designed, constructed and maintained to be structurally sound and reasonably protected from unauthorized acts of third parties.
(7) Unless an individual is continuously present at the well site, operators shall equip all tank valves and access lids to regulated substances with reasonable measures to prevent unauthorized access by third parties such as locks, open end plugs, removable handles, retractable ladders or other measures that prevent access by third parties. Tanks storing only freshwater, fire prevention materials and spill response kits are excluded from the requirements of this paragraph.
(8) The operator shall display a sign on the tank or other approved storage structure identifying the contents and an appropriate warning of the contents such as flammable, corrosive or a similar warning.
(9) A tank or other approved storage structure that contains drill cuttings from below the casing seat, regulated substances or fluids other than tophole water, fresh water and uncontaminated drill cuttings shall be impermeable.
(10) Condensate, whether separated or mixed with other fluids at a concentration greater than 1% by volume, may not be stored in any open top structure or pit. Aboveground tanks used for storing or separating condensate during well completion shall be monitored and have controls to prevent vapors from exceeding the L.E.L. of the condensate outside the tank. Tanks used for storing or separating condensate must be grounded.
(b) The operator may request to use practices other than those specified in subsection (a) which provide equivalent or superior protection by submitting a request to the Department for approval. The request shall be made electronically to the Department through its web site on forms provided by the Department.
(c) Disposal of uncontaminated drill cuttings in a pit or by land application shall comply with § 78a.61.
(d) Pits may not be used for temporary storage. An operator using a pit for temporary storage as of October 8, 2016, shall properly close the pit in accordance with appropriate restoration standards no later than April 8, 2017. Any spills or leaks detected shall be reported and remediated in accordance with § 78a.66 (relating to reporting and remediating spills and releases) prior to pit closure.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements) 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.57. Control, storage and disposal of production fluids.
(a) Unless a permit has been obtained under § 78a.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation of the well in a tank or a series of tanks, or other device approved by the Department for subsequent disposal or reuse. Open top structures may not be used to store brine and other fluids produced during operation of the well. An operator using a pit for storage of production fluids as of October 8, 2016, shall report the use of the pit to the Department no later than April 8, 2017, and shall properly close the pit in accordance with appropriate restoration standards no later than October 10, 2017. Any spills or leaks detected shall be reported and remediated in accordance with § 78a.66 (relating to reporting and remediating spills and releases) prior to pit closure. Except as allowed in this subchapter or otherwise approved by the Department, the operator may not discharge the brine and other fluids on or into the ground or into the waters of the Commonwealth. Unless separately permitted under the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003), wastes may not be stored at a well site unless the wastes are generated at or will be beneficially reused at that well site.
(b) An operator may not use a pit for the control, handling or storage of brine and other fluids produced during operation of a well.
(c) Secondary containment is required for all new, refurbished or replaced aboveground primary containment, including their associated manifolds, that contain brine and other fluids produced during operation of the well. If one tank in a series of tanks is added, refurbished or replaced, secondary containment is required for the entire series of tanks. The secondary containment area provided by dikes or other methods of secondary containment open to the atmosphere must have containment capacity sufficient to hold the volume of the largest single aboveground tank, plus an additional 10% of volume for precipitation. Compliance with § 78a.64 (relating to secondary containment around oil and condensate tanks) or using double walled tanks capable of detecting a leak in the primary containment fulfills the requirements in this subsection.
(d) Primary containment used to store brine or other fluids produced during operation of the well shall be designed, constructed and maintained to be structurally sound in accordance with sound engineering practices adhering to Nationally recognized industry standards and the manufacturer’s specifications. Tanks that are manifolded together shall be designed in a manner to prevent the uncontrolled discharge of multiple manifolded tanks.
(e) Underground or partially buried storage tanks used to store brine or other fluids produced during operation of the well shall be designed, constructed and maintained to be structurally sound in accordance with sound engineering practices adhering to Nationally recognized industry standards and the manufacturer’s specifications. A well operator utilizing underground or partially buried storage tanks as of October 8, 2016, shall provide electronically to the Department a list of the well sites through its web site where the underground or partially buried storage tanks are located by April 8, 2017. A well operator shall register the location of an additional underground storage tank prior to installation. Registration shall utilize forms provided by the Department and be submitted electronically to the Department through its web site.
(f) All new, refurbished or replaced aboveground storage tanks that store brine or other fluid produced during operation of the well must comply with the corrosion control requirements in § § 245.531—245.534 (relating to corrosion and deterioration prevention), with the exception of use of Department-certified inspectors to inspect interior linings or coatings.
(g) All new, refurbished or replaced underground storage tanks that store brine or other fluid produced during operation of the well must comply with the corrosion control requirements in § 245.432 (relating to operation and maintenance including corrosion protection) with the exception of use of Department-certified inspectors to inspect interior linings.
(h) All new, refurbished or replaced tanks storing brine or other fluids produced during operation of the well must be reasonably protected from unauthorized acts of third parties. Unless the tank is surrounded by a fence, tank valves and access lids must utilize locks, open end plugs or removable handles and ladders on tanks must be retractable or other measures that prevent access by third parties.
(i) Tanks storing brine or other fluids produced during operation of the well shall be inspected by the operator at least once per calendar month and documented. Deficiencies noted during the inspection shall be addressed and remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications and applicable engineering design criteria. Any deficiencies identified during the inspection shall be reported to the Department electronically through its web site within 3 days of the inspection and remedied prior to continued use of the tank. Inspection records shall be maintained for 1 year and made available to the Department upon request.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.58. Onsite processing.
(a) The operator may request approval by the Department to process fluids generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells or mine influenced water at the well site where the fluids were generated or at the well site where all of the fluid is intended to be beneficially used to develop, drill or stimulate a well. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(b) Approval from the Department is not required for the following activities conducted at a well site:
(1) Mixing fluids with freshwater.
(2) Aerating fluids.
(3) Filtering solids from fluids.
(c) Activities described in subsection (b) shall be conducted within secondary containment.
(d) An operator processing fluids or drill cuttings generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells shall develop an action plan specifying procedures for monitoring for and responding to radioactive material produced by the treatment processes, as well as related procedures for training, notification, recordkeeping and reporting. The action plan shall be prepared in accordance with the Department’s Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 250-3100-001, as amended and updated, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(e) The operator may request to process drill cuttings only at the well site where those drill cuttings were generated by submitting a request to the Department for approval. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(f) Processing residual waste generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells other than as provided for in subsections (a) and (b) shall comply with the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003).
(g) Processing of fluids in a manner approved under subsection (a) will be deemed to be approved at subsequent well sites provided the operator notifies the Department of location of the well site where the processing will occur at least 3 business days prior to the beginning of processing operations. The notice shall be submitted electronically to the Department through its web site and include the date activities will begin.
(h) Sludges, filter cake or other solid waste remaining after the processing or handling of fluids under subsection (a) or (b), including solid waste mixed with drill cuttings, shall be characterized under § 287.54 (relating to chemical analysis of waste) before the solid waste leaves the well site.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.59a. Impoundment embankments.
(a) Embankments constructed for well development impoundments for oil and gas operations must meet the following requirements:
(1) The foundation for each embankment shall be stripped and grubbed to a minimum depth of 2 feet below existing contour prior to any placement and compaction of fill.
(2) Any springs encountered in the embankment foundation area shall be drained to the downstream toe of the embankment with a drain section 2 feet by 2 feet in dimension consisting of PennDOT Type A sand, compacted by hand tamper. Geotextiles may not be used around sand. The last 3 feet of this drain at the downstream slope must be constructed of AASHTO # 8 material.
(3) The minimum top width of the embankment must be 12 feet.
(4) The inside and outside slope must have a slope no steeper than 3 horizontal to 1 vertical.
(5) Soils to be used for embankment construction must be classified in accordance with ASTM D-2487 (Unified Soils Classification). Soil samples must be classified at a minimum rate of one sample per 10,000 cubic yards of placed fill with at least one test per source with an additional test conducted each time the material changes. At least one sample must be classified in accordance with ASTM D-2487. Soils utilized during embankment construction shall be described and identified in accordance with ASTM D-2488—09A (Standard Practice for Description and Identification of Soils (Visual-Manual Procedure)). Soil identification and description in accordance with this procedure shall be performed at a minimum rate of one sample per 1,000 cubic yards of placed fill. Results of testing of materials shall be provided to the Department upon request.
(6) The embankment must be constructed out of soils designated as GC, GM, SC, SM, CL or ML, only. Soils with split designations when one of the designations is not GC, GM, SC, SM, CL or ML may not be used. Soils must contain a minimum of 20% of No. 200 sieve materials or larger. Results of testing of materials shall be provided to the Department upon request.
(7) Particles greater than 6 inches in any dimension may not be used for embankment construction.
(8) Soil used in embankment construction must be compacted. Soil compaction shall be conducted in accordance with the following:
(i) Compaction shall be conducted with a sheepsfoot or pad roller.
(ii) The maximum loose lift thickness must be 9 inches.
(iii) Soil shall be compacted until visible nonmovement of the embankment material.
(iv) Soil shall be compacted to a minimum of 95% of the standard proctor in accordance with ASTM D698 (Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort). Satisfactory compaction shall be verified by field density testing in accordance with ASTM D1556 (Standard Test Method for Density and Unit Weight of Soil in Place by the Sand Cone Method) or ASTM D6938 (Standard Test Method for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)) with a minimum of one test per 2,000 square yards of lift surface and at least one test per lift.
(9) Exposed embankment slopes shall be permanently stabilized using one or a combination of the following methods:
(i) Exposed embankments shall be limed, fertilized, seeded and mulched, and permanent vegetative ground covering in compliance with § 102.22 (relating to site stabilization) shall be established upon completion of construction of the impoundment.
(ii) Compacted rock fill or riprap placed on the downstream face of the embankment as a cover having a minimum depth of 2 feet. The rock fill must be durable, evenly distributed and underlain by a Class 2, Type A geotextile.
(b) The owner or operator may request approval from the Department to deviate from the requirements in this section. The request must demonstrate that the alternate practice provides equivalent or superior protection to the requirements of this section.
Cross References This section cited in 25 Pa. Code § 78a.59b (relating to well development impoundments); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.59b. Well development impoundments.
(a) In addition to meeting the requirements of § 78a.59a (relating to impoundment embankments), any new well development impoundments must be in compliance with this section.
(b) A well operator using a well development impoundment prior to October 8, 2016, shall register the location of the well development impoundment by December 7, 2016, by providing the Department, through the Department’s web site, with electronic notification of the GPS coordinates, township and county where the well development impoundment is located as well as certification as to whether the impoundment meets the requirements in subsections (d), (e) and (h). Any impoundments that do not comply with the requirements in subsections (d), (e) and (h) shall be upgraded to meet these requirements or restored in accordance with subsection (g) by October 10, 2017.
(c) A well operator shall register the location of a new well development impoundment prior to construction. Registration of the well development impoundment may be transferred to another operator. Registration transfers shall utilize forms provided by the Department and be submitted electronically to the Department through its web site.
(d) Well development impoundments shall be constructed with a synthetic impervious liner.
(e) Unless an individual is continuously present at a well development impoundment, a fence must completely surround the well development impoundment to prevent unauthorized acts of third parties and damage caused by wildlife.
(f) The bottom of the impoundment must be at least 20 inches above the seasonal high groundwater table. The applicant may maintain the required separation distance of 20 inches by passive artificial means such as an under-drain system throughout the lifetime of the impoundment. In no case shall the regional groundwater table be affected by the passive artificial system. The operator shall document the depth of the seasonal high groundwater table, the manner in which the depth of the seasonal high groundwater table was ascertained, the distance between the bottom of the impoundment and the seasonal high groundwater table, and the depth of the regional groundwater table if the separation between the impoundment bottom and seasonal high groundwater table is maintained by artificial means. A soil scientist or other similarly trained person using accepted and documented scientific methods shall make the determination. The determination must contain a statement certifying that the impoundment bottom is at least 20 inches above the seasonal high groundwater table according to observed field conditions. The name, qualifications and statement of the person making the determination and the basis of the determination shall be provided to the Department upon request.
(g) Well development impoundments shall be restored by the operator that the impoundment is registered to within 9 months of completion of hydraulic fracturing of the last well serviced by the impoundment. An impoundment is restored under this subsection by the operator removing excess water and the synthetic liner, returning the site to approximate original conditions, including preconstruction contours, and supporting the land uses that existed prior to oil and gas operations to the extent practicable. An extension of the restoration requirement may be approved under § 78a.65(c) (relating to site restoration). If requested by the landowner in writing, on forms provided by the Department, the requirement to return the site to approximate original contours may be waived by the Department if the liner is removed from the impoundment.
(h) Prior to storing mine influenced water in a well development impoundment, the operator shall develop a mine influenced water storage plan and submit it to the Department for approval.
(1) The mine influenced water storage plan shall be submitted on forms provided by the Department and include the following:
(i) A demonstration that the escape of the mine influenced water stored in the well development impoundment will not result in air, water or land pollution, or endanger persons or property.
(ii) A procedure and schedule to test the mine influenced water. This testing shall be conducted at the source prior to storage in the impoundment.
(iii) A records retention schedule for the mine influenced water test results.
(2) An operator with an approved mine influenced water storage plan shall maintain records of all mine influenced water testing prior to storage. These records shall be made available to the Department upon request.
(i) The Department may require the operator to test water sources proposed to be stored in a well development impoundment prior to storage.
Cross References This section cited in 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.59c. Centralized impoundments.
(a) An operator using a centralized impoundment as of October 8, 2016, shall close the centralized impoundment in accordance with this section or obtain a permit in accordance with Subpart D, Article IX (relating to residual waste management). The closure plan shall be submitted electronically to the Department through its web site for review and approval no later than April 8, 2017. The operator shall properly close the centralized impoundment in accordance with the approved plan or obtain a permit in accordance with Subpart D, Article IX no later than October 8, 2019.
(b) The closure plan must provide for the following:
(1) Removal of any impermeable membrane, concrete and earthen liner so that water movement to subsoils is achieved.
(2) Restoration of the site to approximate original conditions, including preconstruction contours, and backfilling the impoundment to above finished grade to allow for settlement of fill and so the impoundment will no longer impound water.
(3) A plan for the removal of equipment, structures, wastes and related material from the facility.
(4) An estimate of when final closure will occur, including an explanation of the basis for the estimate.
(5) A description of the steps necessary for closure of the facility.
(6) A narrative description, including a schedule of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to the following:
(i) Water quality monitoring including, but not limited to, analyses of samples from the monitoring wells that were installed at the time of the construction of the centralized impoundment.
(ii) A soil sampling plan that explains how the operator will analyze the soil beneath the impoundment’s liners. Analysis shall be based on a grid pattern or other method approved by the Department. Any spills or leaks detected shall be reported and remediated in accordance with § 78a.66 (relating to reporting and remediating spills and releases) prior to impoundment closure.
(iii) Compliance with Chapter 102 (relating to erosion and sediment control) including erosion and sediment control and PCSM.
(iv) Access control, including maintenance of access control.
(v) The name, address and telephone number at which the operator may be reached.
Cross References This section cited in 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.60. Discharge requirements.
(a) The owner and operator may not cause or allow a discharge of a substance, fill or dredged material to the waters of the Commonwealth unless the discharge complies with this subchapter and Chapters 91, 92a, 93, 95, 102 and 105, The Clean Streams Law (35 P.S. § § 691.1—691.1001), the Dam Safety and Encroachments Act (32 P.S. § § 693.1—693.27) and the act.
(b) The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:
(1) No additives, drilling muds, regulated substances or drilling fluids other than gases or fresh water have been added to or are contained in the water, unless otherwise approved by the Department.
(2) The pH is not less than 6 nor greater than 9 standard units, or is characteristic of the natural background quality of the groundwater.
(3) The specific conductance of the discharge is less than 1,000 µmHos/cm.
(4) There is no sheen from oil and grease.
(5) The discharge water shall be spread over an undisturbed, vegetated area capable of absorbing the tophole water and filtering solids in the discharge, and spread in a manner that prevents a direct discharge to surface waters and complies with § 78a.53 (relating to erosion and sediment control and stormwater management).
(6) Upon completion, the area complies with § 78a.53.
(7) The area of land application is not within 200 feet of a water supply or within 100 feet of a watercourse or body of water or within the floodplain.
(8) If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.
(c) Compliance with subsection (b) shall be documented by the operator and made available to the Department upon request while conducting activities under subsection (b) and submitted under § 78a.65(e)(1) and (2) (relating to site restoration).
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); 25 Pa. Code § 78a.56 (relating to temporary storage); 25 Pa. Code § 78a.57 (relating to control, storage and disposal of production fluids); 25 Pa. Code § 78a.61 (relating to disposal of drill cuttings); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.61. Disposal of drill cuttings.
(a) Drill cuttings from above the surface casing seat—pits. The owner or operator may dispose of drill cuttings from above the surface casing seat determined in accordance with § 78a.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 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 watercourse or body of water or within the floodplain.
(4) The disposal area is not within 200 feet of a water supply.
(5) The pit is designed, constructed and maintained to be structurally sound.
(6) The free liquid fraction of the waste shall be removed and disposed under § 78a.60 (relating to discharge requirements).
(7) The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit must be compatible with the adjacent land.
(8) The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with § 78a.53 (relating to erosion and sediment control and stormwater management). 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 surface casing seat—land application. The owner or operator may dispose of drill cuttings from above the surface casing seat determined in accordance with § 78a.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 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 watercourse or body of water or within the floodplain.
(4) The disposal area is not within 200 feet of a water supply.
(5) The soils have a minimum depth from surface to bedrock of 20 inches.
(6) The drill cuttings are not spread when saturated, snow covered or frozen ground interferes with incorporation of the drill cuttings into the soil.
(7) The drill cuttings are not applied in quantities which will result in runoff or in surface water or groundwater pollution.
(8) The free liquid fraction is disposed in accordance with § 78a.60.
(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 § 78a.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 surface casing seat. After removal of the free liquid fraction and disposal in accordance with § 78a.60, drill cuttings from below the surface casing seat determined in accordance with § 78a.83(c) may not be disposed of on the well site unless authorized by a permit or other approval is obtained from the Department in accordance with § 78a.62 or § 78a.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application).
(d) Alternative practices. 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) Notifications. 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. The owner or operator shall also provide notice of disposal to the surface landowner, including the location of the disposed drill cuttings, within 10 business days of completion of disposal.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); 25 Pa. Code § 78a.56 (relating to temporary storage); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.62. Disposal of residual waste—pits.
An owner or operator proposing to dispose of residual waste, including contaminated drill cuttings, in a pit at the well site shall obtain a residual waste pit disposal permit issued under this chapter prior to constructing the waste disposal pit.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.61 (relating to disposal of drill cuttings); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.63. Disposal of residual waste—land application.
An owner or operator proposing disposal of residual waste, including contaminated drill cuttings, at the well site by land application shall obtain a residual waste land application permit issued under this chapter prior to land application of the waste.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.61 (relating to disposal of drill cuttings); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
§ 78a.63a. Alternative waste management.
An operator seeking to manage waste on a well site in any manner other than provided in § § 78a.56—78a.58, 78a.59a, 78a.59b, 78a.59c and 78a.60—78a.63 shall submit a request electronically to the Department through its web site describing the alternate management practice and shall demonstrate that the practice provides equivalent or superior protection to the requirements in these sections.
§ 78a.64. Secondary containment around oil and condensate tanks.
(a) If an owner or operator uses a tank 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 the Commonwealth.
(b) The secondary containment provided by the dikes or other method of secondary containment must have containment capacity sufficient to hold the volume of the largest single tank, plus a reasonable allowance for precipitation based on local weather conditions and facility operation.
(c) Prior to drainage of accumulated precipitation from secondary containment, the secondary containment shall be inspected and accumulations of oil picked up and returned to the tank or disposed of in accordance with approved methods.
(d) After complying with subsection (c), drainage of secondary containment is acceptable if:
(1) The accumulation in the secondary containment consists of only precipitation directly to the secondary containment and drainage will not cause a harmful discharge or result in a sheen.
(2) The secondary containment drain valve is opened and resealed, or other drainage procedure, as applicable, is conducted under responsible supervision.
(e) An owner or operator who installed a tank or tanks with a combined capacity of at least 1,320 gallons prior to October 8, 2016, to store condensate produced from a well shall meet the requirements of this section when a tank is replaced, refurbished or repaired or by October 9, 2018, whichever is sooner.
Cross References This section cited in 25 Pa. Code § 78a.57 (relating to control, storage and disposal of production fluids).
§ 78a.64a. Secondary containment.
(a) Well sites shall be designed and constructed using secondary containment.
(b) All regulated substances, including solid wastes and other regulated substances in equipment or vehicles, shall be managed within secondary containment. 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.
(c) Secondary containment must meet all of the following:
(1) Secondary containment 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) Secondary containment 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 secondary containment, 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 must satisfy compatibility test methods as approved by the Department.
(d) Methods of secondary containment open to the atmosphere must have storage capacity sufficient to hold the volume of the largest single aboveground primary containment, plus an additional 10% of volume for precipitation. Using double walled tanks capable of detecting a leak in the primary containment fulfill the requirements in this subsection. Tanks that are manifolded together shall be designed in a manner to prevent the uncontrolled discharge of multiple manifolded tanks.
(e) All secondary containment shall be inspected weekly to ensure integrity. If the secondary containment is damaged or compromised, the well operator shall repair the secondary containment 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.
(f) Regulated substances that escape from primary containment or are otherwise spilled onto secondary containment shall be removed as soon as possible. After removal of the regulated substances the operator shall inspect the secondary containment. If the secondary containment did not completely contain the material, the operator shall notify the Department and remediate the affected area in accordance with § 78a.66 (relating to reporting and remediating spills and releases).
(g) Stormwater that comes into contact with regulated substances stored within the secondary containment shall be managed as residual waste.
(h) Inspection reports and maintenance records shall be available at the well site for review by the Department.
(i) Documentation of chemical compatibility of secondary containment with material stored within the system shall be provided to the Department upon request.
Cross References This section cited in 25 Pa. Code § 78a.65 (relating to site restoration).
§ 78a.65. Site restoration.
(a) Restoration. The owner or operator shall restore land surface areas disturbed to construct the well site as follows:
(1) Post-drilling. Within 9 months after completion of drilling a well, the owner or operator shall undertake post-drilling restoration of the well site in accordance with a restoration plan developed in accordance with subsection (b) and remove all drilling supplies, equipment, primary containment and secondary containment not necessary for production or needed to safely operate the well.
(i) When multiple wells are drilled or permitted to be 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 9 months after the expiration of all existing well permits on the well site, whichever is later.
(ii) 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.
(iii) 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 the supplies or equipment are maintained in accordance with § 78a.64a (relating to secondary containment).
(iv) The areas necessary to safely operate the well include the following:
(A) Areas used for service vehicle and rig access.
(B) Areas used for storage tanks and secondary containment.
(C) Areas used for wellheads and appurtenant oil and gas processing facilities.
(D) Areas used for any necessary safety buffer limited to the area surrounding equipment that is physically cordoned off to protect the facilities.
(E) Areas used to store any supplies or equipment consented to by the surface landowner.
(F) Areas used for operation and maintenance of long-term PCSM best management practices.
(2) Post-plugging. Within 9 months after plugging the final well on the well site, the owner or operator shall remove all production or storage facilities, supplies and equipment and restore the well site to approximate original conditions and restore stormwater runoff rate, volume and quality to preconstruction condition in accordance with § 102.8 (relating to PCSM requirements).
(3) Wells not drilled. If a well site is constructed and the well is not drilled, the well site shall be restored within 9 months 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.
(b) Restoration plan. An operator of a well site shall develop and implement a restoration plan. The restoration plan must address:
(1) The restoration of areas not needed to safely operate the well to approximate original conditions.
(2) The proposed site configuration after post-drilling restoration including the areas of the well site being restored.
(3) The minimization of impervious areas. Impervious areas include, but are not limited to, areas where soil has been compacted, areas where soil has been treated with amendments to firm or harden the soil, and areas underlain with an impermeable liner.
(4) The removal of all drilling supplies and equipment not needed for production, including primary and secondary containment.
(5) The manner in which the restoration of the disturbed areas will achieve meadow in good condition or better or otherwise incorporate ABACT or nondischarge alternative PCSM best management practices (BMP).
(6) PCSM BMPs remaining in place and proof of compliance with § 102.8(l) and (m), or a licensed professional certification of complete site restoration to approximate original contours and return to preconstruction stormwater runoff rate, volume and quality in accordance with § 102.8(g). The owner or operator shall remain responsible for compliance with the terms of the restoration plan including long-term operation and maintenance of all PCSM BMPs on the project site and is responsible for any violations occurring on the project site, prior to written approval of the final restoration report.
(7) The permanent stabilization of the restored areas by either of the following:
(i) In accordance with § 102.22 (relating to site stabilization).
(ii) Through implementation of PCSM BMPs as required under § 102.8, including § 102.8(a)—(m).
(8) An operator of a well site who is required to obtain a permit under § 102.5(c) (relating to permit requirements) may develop a written restoration plan containing drawings and a narrative that address the requirements of paragraphs (1)—(7) to demonstrate compliance with § 102.8(n).
(c) Extension of drilling or production period. The restoration period in this subsection may be extended through approval by the Department for an additional period of time, not to exceed 2 years.
(1) A request to extend the restoration period shall be submitted electronically on forms provided by the Department through the Department’s web site not more than 6 months after the completion of drilling.
(2) The request must specify the reasons for the request to extend the restoration period not to exceed 24 months. The request must include a justification for the length of extension and demonstrate that either:
(i) The extension will result in less earth disturbance, increased water reuse or more efficient development of the resources.
(ii) Restoration cannot be achieved due to adverse weather conditions or a lack of essential fuel, equipment or labor.
(3) A demonstration that the extension will result in less earth disturbance, increased water reuse or more efficient development of the resources must include the following:
(i) A demonstration that the site is stabilized and the BMPs utilized on the well site will address PCSM.
(ii) A demonstration that the portions of the well site not occupied by production facilities or equipment will be returned to approximate original conditions.
(d) Areas not restored. Disturbed areas associated with well sites that are not included in a restoration plan, and other remaining impervious surfaces, must comply with all requirements in Chapter 102 (relating to erosion and sediment control). The PCSM plan provisions in § 102.8(n) apply only to the portions of the restoration plan that provide for restoration of disturbed areas to meadow in good condition or better or otherwise incorporate ABACT or nondischarge PCSM BMPs.
(e) Post-drilling restoration reports. Within 60 calendar days after post-drilling restoration under subsection (a)(1), the operator shall submit a restoration report to the Department. The well operator shall forward a copy of all restoration reports to the surface landowner. The report shall be made electronically on forms provided by the Department through the Department’s web site and must identify the following:
(1) The date of land application of the tophole water.
(2) The results of pH and specific conductance tests and an estimated volume of discharge.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(f) Post-plugging restoration reports. Within 60 calendar days after post-plugging restoration under subsection (a)(2), the operator shall submit a restoration report to the Department. The well operator shall forward a copy of all restoration reports to the surface landowner. The report shall be made electronically on forms provided by the Department through the Department’s web site and must include the following:
(1) A description of 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.
(2) Confirmation that earth disturbance activities, site restoration including an installation of any PCSM BMPs and permanent stabilization in accordance with § 102.22 have been completed.
(g) Written consent. 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 subsections (a) and (b)(2)—(7) and all PCSM requirements in Chapter 102.
Cross References This section cited in 25 Pa. Code § 78a.1 (relating to definitions); 25 Pa. Code § 78a.59b (relating to well development impoundments); 25 Pa. Code § 78a.60 (relating to discharge requirements); 25 Pa. Code § 78a.67 (relating to borrow pits); and 25 Pa. Code § 78a.68b (relating to well development pipelines for oil and gas operations).
§ 78a.66. Reporting and remediating spills and releases.
(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 other 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 the Commonwealth in the manner required under § 91.33 (relating to incidents causing or threatening pollution).
(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 secondary containment.
(2) In addition to meeting the notification requirements of § 91.33, the operator or other responsible party shall contact the appropriate regional Department office by telephone or call the Department’s Statewide toll free number 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 spill or release and telephone number where that person can be reached.
(ii) The name, address and telephone number of the operator or other responsible party.
(iii) The date and time of the spill or release or when it was discovered.
(iv) The location of the spill or release, including directions to the site, GPS coordinates or the 9-1-1 address, if available.
(v) A brief description of the nature of the spill or release and its cause, what potential impacts to public health and safety or the environment may exist, including any available information concerning the pollution or threatened pollution 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) The operator or other responsible party shall take necessary interim corrective actions to prevent:
(i) The regulated substance from polluting or threatening to pollute the waters of the Commonwealth.
(ii) Damage to property.
(iii) Impacts to downstream users of waters of the Commonwealth.
(4) The operator or other responsible party shall identify and sample water supplies that have been polluted or for which there is a potential for pollution in a reasonable and systematic manner. The operator or other responsible party shall restore or replace a polluted water supply in accordance with § 78a.51 (relating to protection of water supplies). The operator or other responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 business days of receipt of the sample results from the laboratory.
(5) 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.
(6) After responding to a spill or release, the operator or other responsible party 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 polluted by a spill or release is required. The operator or other responsible party shall remediate a release in accordance with the following:
(1) Spills or releases to the ground of less than 42 gallons at a well site that do not pollute or threaten to pollute waters of the Commonwealth may be remediated by removing the soil visibly impacted by the spill or 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.
(2) For spills or releases to the ground of greater than or equal to 42 gallons or that pollute or threaten to pollute waters of the Commonwealth, the operator or other responsible person must demonstrate attainment of one or more of the standards established by Act 2 and Chapter 250 (relating to administration of Land Recycling Program) in the following manner:
(i) Within 15 business days of the spill or release, the operator or other 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) Pollution or threatened pollution of water supplies.
(E) Impacts to buildings or utilities.
(F) Interim remedial actions planned, initiated or completed.
(G) A summary of the actions the operator or other 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.
(ii) After the initial report, any new pollution or other impacts identified or discovered during interim remedial actions or site characterization shall also be reported in writing to the Department within 15 business days of their discovery.
(iii) Within 180 calendar days of the spill or release, the operator or other responsible party shall perform a site characterization to determine the extent and magnitude of the pollution and submit a site characterization report to the appropriate Department regional office describing the findings. The time to submit the site characterization report may be extended by the Department. The report must include a description of any interim remedial actions taken.
(iv) The report under subparagraph (iii) may be considered to be a final remedial action completion report if the interim remedial actions meet all of the requirements of an Act 2 cleanup standard.
(v) If the site characterization indicates that the interim remedial actions taken did not adequately remediate the spill or release, the operator or other 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 must contain the elements outlined in § 245.311(a) (relating to remedial action plan), as well as a schedule for the submission of remedial action progress reports.
(vi) Within 45 days after the selected remediation standard has been attained, the operator or other responsible party shall submit a remedial action completion report to the appropriate Department regional office for approval. Remedial action completion reports shall contain the elements outlined in § 245.313(b) (relating to remedial action completion report).
Cross References This section cited in 25 Pa. Code § 78a.56 (relating to temporary storage); 25 Pa. Code § 78a.57 (relating to control, storage and disposal of production fluids); 25 Pa. Code § 78a.59c (relating to centralized impoundments); and 25 Pa. Code § 78a.64a (relating to secondary containment).
§ 78a.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), because the borrow pit is used exclusively for extraction of minerals for the purpose of oil and gas well development, including access road construction, shall operate, maintain and reclaim the borrow pit in accordance with the performance standards in Chapter 77, Subchapter I (relating to environmental protection performance standards) and in accordance with Chapter 102 (relating to erosion and sediment control), and other applicable laws. The mining permit exemption only applies so long as the borrow pit is servicing an oil and gas well site where a well is permitted under section 3211 of the act (relating to well permits) or registered under section 3213 of the act (relating to well registration and identification) and the requirements of section 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. Borrow pits shall be subject to The Clean Streams Law (35 P.S. § § 691.1—691.1001), and regulations promulgated thereunder, including Chapter 102. For purposes of determining permitting requirements under § 102.5(c) (relating to permit requirements), areas subject to the mining permit exemption shall be considered part of the project along with the well site being serviced.
(b) Operators shall register the location of their existing borrow pits by December 7, 2016, by providing the Department, electronically, through the Department’s web site, with the GPS coordinates, township and county where the borrow pit is located. The operator shall register the location of a new borrow pit in the same manner 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 the final well on a well site serviced by the borrow pit or 9 months after the expiration of all well permits on well sites serviced by the borrow pit, whichever occurs later. An extension of the restoration requirement may be approved under § 78a.65(c) (relating to site restoration).
(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.
(d) A well operator who owns or operates a borrow pit constructed prior to October 8, 2016, shall have the borrow pit inspected by a qualified person for compliance with the requirements of this section prior to April 6, 2017. Any borrow pits that do not comply with subsection (a) shall be upgraded to meet the requirements of this section or restored by October 10, 2017.
§ 78a.68. Oil and gas gathering pipelines.
(a) The requirements of this section apply to all earth disturbance activities associated with oil and gas gathering pipeline installations and supporting facilities including 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. The construction, installation, use, maintenance, repair and removal of oil and gas gathering pipelines under this section shall be conducted in accordance with Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management).
(b) Highly visible flagging, markers or signs shall 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 and 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 pipeline trench shall be conducted in a manner that minimizes soil compaction at the surface to ensure that water infiltration will be sufficient to support the establishment of vegetative growth to meet stabilization or restoration requirements.
(e) Equipment may not be refueled within the floodway or within 50 feet of any body of water.
(f) Materials staging areas must be located outside of a floodway or greater than 50 feet from any body of water, unless otherwise approved in writing by the Department.
(g) All buried metallic gathering pipelines shall be installed and placed in operation in accordance with 49 CFR Part 192, Subpart I or Part 195, Subpart H (relating to requirements for corrosion control; and corrosion control).
§ 78a.68a. Horizontal directional drilling for oil and gas pipelines.
(a) Horizontal directional drilling activities associated with pipeline construction related to oil and gas operations, including gathering and transmission pipelines, that occur beneath any body of water or watercourse may not begin prior to authorization 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 person planning to conduct those activities 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 shall be 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 Safety Data Sheets must be onsite during horizontal directional drilling activities and shall be made available to the Department upon request.
(e) Materials staging areas shall be located 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, unless otherwise approved in writing by the Department.
(f) Drilling fluid additives other than bentonite and water shall be approved by the Department prior to use. All approved horizontal directional drilling fluid additives will be listed on the Department’s web site. Use of a preapproved horizontal directional drilling fluid additive does not require separate Department approval.
(g) Horizontal directional drilling activities shall be monitored for pressure and loss of drilling fluid returns. Bodies of water and watercourses over and adjacent to horizontal directional drilling activities 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 person subject to subsection (a) 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 person subject to subsection (a) shall request an emergency permit under § 105.64 (relating to emergency permits), if necessary for emergency response or remedial activities to be conducted.
(j) Any water supply complaints received by the person subject to subsection (a) shall be reported to the Department within 24 hours electronically through its web site.
(k) Horizontal directional drilling fluid returns and drilling fluid discharges shall be managed in accordance with Subpart D, Article IX (relating to residual waste management).
§ 78a.68b. Well development pipelines for oil and gas operations.
(a) The construction, installation, use, maintenance, repair and removal of well development pipelines shall meet applicable requirements in Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management).
(b) Operators shall install well development pipelines that transport fluids other than fresh ground water, surface water, water from water purveyors or other Department-approved sources aboveground except when crossing pathways, roads or railways where the pipeline may be installed below ground surface, or crossing a watercourse or body of water where the pipeline may be installed below the ground surface with prior Department approval.
(c) Well development pipelines may not be installed through existing stream culverts, storm drain pipes or under bridges crossing streams 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 well development pipeline crossing over a watercourse or body of water, except wetlands, may not have joints or couplings unless secondary containment is provided. Well development 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), well development 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 methods of segmenting the pipeline placed at designated intervals, to be determined by the pipeline diameter, that prevent the discharge of 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, markers or signs shall be placed at regular intervals, no greater than 75 feet, along the entire length of the well development pipeline.
(g) Well development pipelines shall be pressure tested prior to being first placed into service and after the pipeline is moved, repaired 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. Pressure test results and any defects and repairs to the well development pipeline shall be documented and made available to the Department upon request.
(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 in writing.
(i) Well development pipelines shall be inspected prior to and during each day the pipeline is not emptied and depressurized. Inspection dates and any defects and repairs to the well development pipeline shall be documented and made available to the Department upon request.
(j) Well development pipelines not used to transport fluids for more than 7 consecutive calendar days shall be emptied and depressurized. In no case may a well development pipeline be used to transport or store fluids for more than 12 months without approval from the Department.
(k) Flammable materials may not be transported through a well development pipeline.
(l) Well development pipelines shall be removed in accordance with the required restoration timeline of the well site it serviced under § 78a.65 (relating to site restoration).
(m) An operator shall keep records regarding the location of all well development 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.
(n) Records required under this section shall be retained by the operator for 1 year after the well development pipeline is removed.
Cross References This section cited in 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells).
§ 78a.69. Water management plans.
(a) General.
(1) Except as provided in paragraph (2), a person may not withdraw or use water from water sources within this Commonwealth for drilling or hydraulic fracture stimulation of any natural gas well governed by this chapter except in accordance with a WMP approved by the Department. The WMP must demonstrate that the withdrawal and use of the water sources protects those water sources as required by law and protects public health, safety and welfare.
(2) A water purveyor that has a water allocation permit or order of confirmation under the act of June 24, 1939 (P.L. 842, No. 365) (32 P.S. § § 631—641), known as the Water Rights Law, or a safe drinking water permit under the Pennsylvania Safe Drinking Water Act (35 P.S. § § 721.1—721.17), as applicable, is not required to apply for a WMP under this section.
(b) WMP requirements. A WMP must meet the following requirements:
(1) Protect instream flow.
(2) Prevent adverse effects on quantity and quality of water available to other users.
(3) Protect and maintain designated and existing uses of water sources.
(4) Prevent adverse impacts to water quality in the watershed considered as a whole.
(5) Protect groundwater resources including nearby water wells.
(6) Provide for water reuse.
(c) Application requirements. A request for approval under this section shall be submitted on forms furnished by the Department and must include, but not be limited to, the following:
(1) General water source information including identification of source name, source type, average daily and instantaneous maximum withdrawal rates.
(2) A plan for monitoring and reporting of water sources and uses.
(3) A low flow analysis.
(4) A withdrawal and diversion impact analysis.
(5) A description of how the proposed withdrawal will not adversely affect the quantity or quality of water available to other users of the same water sources. When obtaining water from a water purveyor, the application must include a description of how the withdrawal will not adversely affect the water purveyor’s system.
(6) For surface water sources:
(i) An operations plan that includes an intake design, a flow schematic showing how water is to be withdrawn, a site layout and a footprint for each surface water withdrawal.
(ii) A description of measures to be taken to prevent the rapid movement of invasive, harmful or nuisance species by vehicles, equipment or other facilities from one site to another.
(7) For groundwater sources, a well report that includes information necessary to evaluate:
(i) Proper well construction.
(ii) The hydraulic characteristics of the aquifer.
(iii) The suitability of the proposed groundwater source.
(iv) Proper well abandonment.
(v) Information consistent with Department guidance, including the Public Water Supply Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 383-2125-108, as amended and updated, and the Groundwater Monitoring Guidance Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 383-3000-001, as amended and updated, satisfies this requirement.
(8) A reuse plan for fluids that will be used to hydraulically fracture wells. Proof of 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)) satisfies the reuse plan requirement.
(9) Proof of consultation with the Pennsylvania Natural Heritage Program regarding the presence of a State or Federal threatened or endangered species at the location of a withdrawal.
(10) Proof of notification of the proposed withdrawal to municipalities and counties where the water source will be located.
(11) Proof of consultation with the Pennsylvania Historic and Museum Commission regarding the presence of a historical or archaeological site included on the Federal or State list of historical places at the location of a withdrawal.
(d) Approval of WMPs. The Department will presume that the requirements in subsection (b) and section 3211(m)(2) of the act (relating to well permits) are met when an approval from the Susquehanna River Basin Commission, the Delaware River Basin Commission or the parties to the Great Lakes-St. Lawrence River Basin Water Resources Compact is obtained for a water withdrawal, to the extent that the requirements in subsection (c) are considered in granting the approval.
(e) Operational requirements. A person whose WMP has been approved by the Department shall comply with the WMP, and shall meet the following:
(1) Prior to any withdrawal, post a sign at the entrance to the water source withdrawal location displaying the name of the person and contact telephone number, water withdrawal approval conditions including daily withdrawal volume, maximum instantaneous withdrawal rate and passby flow requirements, if applicable, and the WMP water source expiration date.
(2) Measure water withdrawals and purchases using continuous-recording devices or flow meters. Water sources having passby flow conditions shall conduct instream flow monitoring and measuring using methods acceptable to the Department.
(3) Submit reports to the Department by electronic means consisting of daily withdrawal volumes, in-stream flow measurements or water source purchases, or both, as required by the Department.
(4) Retain withdrawal data and daily instream flow measurements and purchases for at least 5 years. These records shall be available for review by the Department upon request.
(f) Administration of WMPs.
(1) Approvals for individual water sources within a WMP are valid for 5 years.
(2) 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.
(3) 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 section 3211(m) of the act and sections 3252 and 3259 of the act (relating to public nuisances; and unlawful conduct).
(4) A person whose WMP has been approved by the Department 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.
(g) Denial. The Department may deny an application for a WMP for either of the following reasons:
(1) The WMP application is administratively incomplete.
(2) The WMP application does not demonstrate that the requirements of this section will be met.
§ 78a.70. Road-spreading of brine for dust control and road stabilization.
Production brines from unconventional wells may not be used for dust suppression and road stabilization.
§ 78a.70a. Pre-wetting, anti-icing and de-icing.
Production brines from unconventional wells may not be used for pre-wetting, anti-icing and de-icing.
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