Pennsylvania Environmental Quality Board Approves Amendments to Chapter 78 of the Pennsylvania Code

On February 3, 2016, the Pennsylvania Environmental Quality Board passed the final revisions of the “Environmental Protection Performance Standards at Oil and Gas Well Sites” regulations amending Chapter 78 of the Pennsylvania Code.

In August 2013, the Environmental Quality Board (EQB) approved DEP’s proposed amendments imposing environmental performance standards for oil and gas surface activities.  In August 2015, PA DEP revised these proposed amendments in order to differentiate between conventional and unconventional oil and gas wells.  These draft final regulations  created two distinct chapters respectively addressing conventional (Chapter 78) and unconventional well development (Chapter 78a).  

In a Press Release, DEP declared that the amendments to Chapter 78 would improve protection of water supplies and public safety while addressing public resource considerations and landowner concerns. DEP also pointed out that “the regulatory language has been formulated with the input of more than 25,000 Pennsylvania residents.” The regulations now will be sent for review to the Independent Regulatory Review Commission and the House and Senate Environmental Resources and Energy Committees.

Written by Chloe Marie - Research Fellow

02/10/2016

PA DEP Releases Draft Final Revisions to Amend 25 Pa. Code Chapter 78

On August 11, 2015, Pennsylvania Department of Environmental Protection (DEP) released the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking. The final rule will amend Chapter 78 of the Pennsylvania Code, Title 25, by providing for further consideration of potential environmental impacts from oil and gas field activities. 

According to DEP, these amendments are aimed at improving the protection of water supplies and public safety while addressing public resource considerations and landowner concerns. DEP also emphasized the importance of transparency and improvement of data management.

In August 2013, the Environmental Quality Board (EQB) adopted DEP’s proposed amendments imposing environmental performance standards for oil and gas surface activities. Subsequently, Act 126 of 2014 was passed requiring EQB to “promulgate proposed regulations . . . relating to conventional oil and gas wells separately from proposed regulations . . . relating to unconventional gas wells. All regulations under 58 Pa.C.S. shall differentiate between conventional oil and gas wells and unconventional gas wells.”

As a consequence, DEP made some adjustments to the proposed amendments. The proposed regulations applicable to conventional wells were retained in the existing Chapter 78 and a new Chapter 78a was created for new unconventional well provisions. In March 2015, DEP published revised amendments upon which they accepted public comments until May 19, 2015.

As stated on the DEP website, the draft final revisions will be discussed between DEP, the Oil and Gas Technical Advisory Board and the Conventional Oil and Gas Advisory Committee throughout 2015.

Further information is available at

http://www.portal.state.pa.us/portal/server.pt/community/public_resources/20303/surface_regulations/1587188

Written by Chloe Marie - Research Fellow

08/14/2015