The Department of Environmental Protection published final guidance in the September 21 PA Bulletin establishing procedures for Addressing Spills and Releases At Oil and Gas Well Sites or Access Roads.

Developed over the course of the last two years with extensive input by both industry and environmental stakeholders, this guidance not only outlines the critically important response that should be taken in the event of a spill at an oil and gas well site or access road, but also ensures consistency among DEP’s regional offices in handling such responses. 

It is one more step DEP is taking to ensure protection of Pennsylvania’s citizens as well as our natural resources in areas where natural gas drilling occurs, according to Hayley Book, DEP Director of Policy.  

The technical guidance requires operators, by regulation, to prepare and implement a control and disposal plan for wastes generated on well sites. An operator may include this plan in their Preparedness, Prevention, and Contingency (PPC) Plan. The PPC plan must include all phone numbers and procedures for reporting spills as well as immediate responses and clean-up activities in case of a spill or release.

If the spill causes or threatens pollution of the waters of the Commonwealth, it must be reported to DEP immediately. Current regulations require reporting of spills of more than five gallons of brine. The department recommends a responsible party report a spill or release of more than 5 gallons of a regulated substance to the surface of the ground to DEP.

The department also recommends reporting more than 42 gallons of a regulated substance to secondary containment.  These latter two recommendations are not requirements but protect the operator from liability for failure to report spills and releases.

The responsible party has two options for remediating spills at oil and gas well sites. The first option allows the party to clean up the site through the Act 2 Land Recycling Program. The second option for remediation is an alternative process.

Under this alternative remediation process, the responsible party must provide specific information about the spill to DEP within 15 days and include a summary of the intended actions the party plans to take or has already taken to address the spill.

The responsible party is then required to clean up the land to meet background or Statewide health standards, as listed under Chapter 250 regulations. The alternative remediation process is as protective as Act 2, but it eliminates certain process steps which should enable spills to be cleaned up more quickly.

A copy of the final policy and a comment response document are available online.

9/23/2013