Conventional Oil and Gas Advisory Committee Comments on Proposed DEP Regulations

On July 7, 2015, the Conventional Oil and Gas Advisory Committee (COGAC) wrote to the Department of Environmental Protection’s (DEP) Deputy Secretary Scott Perry to express that they will not support the proposed amendments to 25 Pa. Code Chapter 78.  That particular code chapter deals with the regulation of oil and gas wells.

The COGAC was formed in March 2015 by the DEP to advise the DEP in forming regulations that will impact conventional oil and gas extraction. According to the bylaws of the COGAC, the DEP consults with the COGAC “in the formulation, drafting, and presentation stages of all regulations promulgated under the 2012 Oil and Gas Act.”  The COGAC comments on and reviews the regulations under the Act before the submission of the regulations to the Environmental Quality Board. 

The COGAC is made up of voting members and non-voting members.  The voting members consist of three members that are either a “petroleum engineer, petroleum geologist, or an experienced driller representative of the oil and gas industry.”  The other two voting members are a “mining engineer from the coal industry with three years of experience in Pennsylvania” and a “geologist or petroleum engineer with three years of experience in Pennsylvania” that is chosen from a list that is formulated by the Citizens Advisory Council to the Governor.  The three non-voting members are chosen by the Secretary of the DEP.

The proposed regulations would heighten the standards regarding site restoration, waste disposal, monitoring and regulating of wells, identifying and monitoring abandoned wells, and protecting public resources around well sites among other updates to the regulation.   The letter that COGAC wrote expressed their displeasure with the new rules for two main reasons.  The first reason is that they believe that the DEP has not provided evidence that there is a need for the revisions to the regulations.  The COGAC believes that there is no need for more stringent regulations when the current ones have been successful in monitoring the industry.  The second COGAC claim is that the DEP did not properly follow the Act’s requirement that oil and gas regulations differentiate between conventional and unconventional oil and gas wells.

Written by Stephen Kenney - Research Assistant 

Center for Agricultural and Shale Law

August 4, 2015

Colorado releases draft rules that may make it the first state to regulate methane from oil and gas drilling.

On November 18, Colorado released proposed rules that would directly regulate the detection and reduction of methane emissions associated with oil and gas drilling.  The rules are basically expanding the current provisions for reducing emissions that apply only in "non-attainment areas" to all areas that have been shown to have air quality worse than the national average.

The Air Quality Control Commission will be seeking additional input as the process continues but it appears that they already have the support of petroleum companies in the state.  Several petroleum companies operating in Colorado released a joint statement in support the proposal, saying that it is a “The process and increased accountability established by the proposal will provide transparency and build public trust.”

Click here for the Colorado Governor’s announcement of the rules.

Click here for the proposal and related information. 

Written by Joseph Negaard 

November 22, 2013

The Alaska Oil and Gas Conservation Commission Opens the Comment Period for new Proposed Hydraulic Fracturing Regulations.

On November 1st, The Alaska Oil and Gas Conservation Commission (AOGCC) announced a public comment period for the third draft of proposed regulations that will change the way hydraulic fracturing is regulated in the state.  The AOGCC’s new regulations will require the notification of landowners, surface owners, and operators within one-half mile of the wellbore, the sampling and analysis of water wells before and after hydraulic fracturing, the disclosure of the chemicals in the hydrolic fracturing fluids, the requirements for wellbore integrity and cementing, and require the containment of hydraulic fracturing fluids.

Comments on the proposed regulation changes can be set by fax to (907) 276-7542, by email, or by submitting written comments by mail to:

Alaska Oil and Gas Conservation Commission

333 West 7^th Avenue, Suite 100

Anchorage, Alaska 9950

All written comments must be received by 4:30 p.m. on January 10, 2014. Oral or written comments may also be submitted on January 15, 2014 at the public hearing in Anchorage.

Click here for a copy of the proposed regulation changes.

Click here for more information on submitting public comments.

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

November 15, 2013

US House of Representatives passes Energy Consumer Relief Act of 2013

On August 1, 2013, the US House of Representatives passed the Energy Consumer Relief Act of 2013, which would prohibit the EPA from promulgating rules that have an estimated cost of over $1 billion. If passed in the Senate, the bill would require the EPA to provide cost/benefit reports to Congress for prospective energy regulations. Additionally, the EPA would be required to preserve the statistical data used to estimate the costs and benefits of proposed rules for Congressional review. The Secretary of Energy, FERC and the EIA would also be required to independently create, and submit to Congress, an “Initial Determination on Increases and Impacts” for each rule proposed by the EPA. If in the initial determination it is found that an increase/impact will occur, the Secretary of Energy, in consultation with the EPA, Secretary of Commerce, Secretary of Labor and the Administrator of the Small Business Administration, shall determine if the rule will adversely affect the economy and public that determination in the federal register.

For more information on HR 1582, visit GovTrack.

Written by: Garrett Lent, Research Assistant

Agricultural Law Resource and Reference Center

August 2013

BLM Extends Public Comment on Proposed Revisions to “Fracking” Rule

In May, the Bureau of Land Management released proposed revisions to regulations governing the operation of oil and gas wells using the hydraulic fracturing technique for 30 days of public comment. Both industry groups, and environmentalists, stated they needed additional time to review the document. In response, the D.O.I extended the public comment period for 60 days, according to the Federal Register published June 10. The comment period will now end August 23.

For more information on the proposed revisions, visit the DOI’s website.

Written by: Garrett Lent, Research Assistant

Penn State Law, Agricultural Law Center

June 2013

BLM Extends the Comment Period on Disclosure of Hydraulic Fracturing 60 Days.

On June 22, 2012, the Bureau of Land Management (BLM) extended the comment period on disclosure of hydraulic fracturing by 60 days, from July 10, 2012 to September 10, 2012.

On May 11^th, the BLM proposed rules requiring companies to disclose fracking chemicals, guidelines for well casing, and handling of wastewater flowing back to the surface of well drilling operations on federal lands. According to the BLM these rules will ensure that oil and gas operations will follow a common sense industry standard.   

The BLM decided to extend the comment period to allow greater public participation in order to allow a more thorough analysis of the proposed changes. As of the decision to extend the comment period, the BLM had received 170 public comments.

Analysts say that the proposed rules are likely to add up to an additional 49-day delay in the permit application process. However they will also require drilling companies to increase groundwater protection measures, disclose more about chemicals used when fracking, and conduct additional tests before drilling and extracting gas.

Written by Joseph Negaard, Research Assistant
June 25, 2012  

Comments may be submitted here.

DRBC Releases Revised Natural Gas Regulations

The Delaware River Basin Commission released its revised Draft Natural Gas Development Regulations on November 8, 2011. The stated purpose of the regulations is to "protect the water resources of the Delaware River Basin during the construction and operation of natural gas projects." The regulations apply to all natural gas development projects within the Basin and require DRBC approval of water sources and wastewater treatment. The revised rules will be considered for adoption on November 21, 2011.

Click here to read DRBC's Revised Draft Regulations

Written by Andy Schwabenbauer, Research Fellow

November 8, 2011

PA DEP Issues New Air Aggregation Guidelines

The Pennsylvania Department of Environmental Protection announced on October 12, 2011, that it has submitted technical guidance for air aggregation determinations to the Pennsylvania Bulletin to receive public comment.  These guidelines are used to determine whether multiple air emission sources should be aggregated and treated as a single source for permitting purposes.  According to the DEP press release, the new determinations will treat air emissions sources located a quarter mile apart as contiguous or adjacent.  The public comment period will close November 21, however  the Air Quality permitting staff will begin implementing the guidelines on an interim basis.

Click here to read the DEP press release

Click here to read the technical guidance

Written by Andy Schwabenbauer, Research Fellow
October 14, 2011

DRBC Postpones Vote on Proposed Natural Gas Regulations

On October 7, 2011, the Delaware River Basin Commission announced that it has postponed the vote on its proposed Natural Gas development regulations so that the new rules can be published on its website. The voting was originally scheduled to be conducted at a special meeting on October 21 but will be delayed a month until November 21. The meeting will be held in Trenton, NJ and will be open to the public, though no comments will be accepted at that time. The proposed regulations were originally published in December 2010 and written comments were accepted until mid-April 2011. The rules aim to “protect water resources within the Delaware River Basin during the development and operation of natural gas projects.”

Click here to read the DRBC press release

Click here to read DRBC's proposed regulations

Written by Andy Schwabenbauer, Research Fellow
October 11, 2011

SRBC to Hold Two Public Sessions on Proposed Regulations

The Susquehanna River Basin Commission announced on October 5, 2011, that it will be hosting two public information sessions to "explain and answer questions" on its draft regulations regarding the approval of natural gas projects within the region.    The two meetings will take place on October 25, 2011 in Williamsport, PA and on October 27, 2011 in Camp Hill, PA. The original public comment period ended in August but was extended by the Commission when early responses indicated that key elements of the program had been misunderstood.

Click here to read the SRBC press release

Click here to read the proposed regulations

Written by Andy Schwabenbauer, Research Fellow
October 5, 2011

NYDEC Releases Proposed Fracking Regulations

On September 29, 2011, the New York Department of Environmental Conservation issued its long-awaited regulations for high-volume hydraulic fracturing.  The regulations were based on the agency's Supplemental Generic Environmental Impact Statement (SGEIS), which was released in mid-September.  The proposed rules would create a Division of Mineral of Resources, prohibit the surface disturbance of state lands, require companies to file applications with NYDEC before commencing drilling operations, implement well-spacing requirements as well as water resource protection procedures.  The public comment period for the proposed rules will end on December 12, 2011.

Click here to read the NYDEC press release

Click here to read the proposed regulations

Written by Andy Schwabenbauer, Research Fellow
October 5, 2011

EPA Announces Public Hearings on Fracking Emission Standards

On August 25, 2011 the Environmental Protection Agency announced it will hold three public hearings regarding its proposed emission standards. The new regulations are aimed at reducing toxic air pollution cause by the hydraulic fracturing of unconventional oil and gas wells. The rules utilize existing technologies to reduce the air pollution caused by well drilling, leaking pipes, storage tanks and compressor stations. The first hearing is scheduled for September 27, 2011, at the David Lawrence Convention Center in Pittsburgh, PA followed by hearings in Denver, CO on September 28, and Arlington, TX on September 29.

Click here to read the hearings announcement

Click here to read the proposed rules

Written by Andy Schwabenbauer, Research Fellow
September 19, 2011

NY DEC Releases Final Revised Regulations

The New York Department of Environmental Conservation released its final draft of proposed Marcellus Shale drilling regulations on September 7, 2011.  The new report, titled The Supplemental Generic Environmental Impact Statement (SGEIS), addresses permit conditions required for natural gas development.  DEC will now begin receiving public comment until December 11, 2011.  The high-volume hyrdaulic fracturing regulations will be released in early October followed by a public comment period running concurrently with that of the SGEIS.

Click here to read the SGEIS press release

Click here to read the SGEIS

Written by Andy Schwabenbauer, Research Fellow
September 8, 2011

SRBC to Consider Extending Comment Period for Proposed Regulations

On September 7, 2011, Susquehanna River Basin Commission Executive Director, Paul Swartz, asked SRBC commissioners to consider extending the comment period for the Commission's proposed regulatory revisions.  The revisions were originally published in mid-July and the comment period expired on August 23, 2011.  Swartz cites the level of public interest and SRBC's desire to provide more information as reasons for requesting an extension.  SRBC will decide on extending the comment period at their upcoming quarterly meeting on September 15, 2011 in Millford, New York.

Click here to read the SRBC press release

Click here to read the proposed revisions

Written by Andy Schwabenbauer, Research Fellow
September 8, 2011

DRBC Schedules Meeting to Consider New Regulations

On September 6, 2011, the Delaware River Basin Commission announced that it has scheduled a special meeting for October 21, 2011, to consider the adoption of its proposed Natural Gas Development Regulations.  The regulations were originally published in December of 2010 and aim to protect water resources during the construction and production of natural gas development projects in the region.

Click here to read the DRBC press release

Click here to read the proposed regulations

Written by Andy Schwabenbauer, Research Fellow
September 6, 2011