The Department of Environmental Protection published notice of draft technical guidance for public comment in the October 4 PA Bulletin changing the policy for identifying, tracking and resolving oil and gas violations and for coordinating immediate responses and final remediation of spills and releases of substances into soils.

Comments are due on the proposed changes by November 3.

Enforcement Policy

The new proposed enforcement policy (DEP ID: 550-3000-001 - Standards and Guidelines for Identifying, Tracking, and Resolving Oil and Gas Violations) will replace the previous policy ''Compliance Monitoring of Oil and Gas Wells and Related Facilities and Activities'' that was issued in 2005. Revisions are necessary, DEP said, to reflect changes to the organizational structure of the agency and to update the policies and procedures to reflect current oil and gas development activities in Pennsylvania.

The new policy provides direction to Department staff in determining enforcement actions the Department will pursue to resolve violations and achieve compliance with applicable laws and regulations related to conventional and unconventional oil and gas development.

The proposed policy includes an entirely new section on water supply contamination investigations.

Interested persons may submit written comments on this Draft Technical Guidance Document by November 3, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address.

Written comments should be submitted to John Ryder, Department of Environmental Protection, Bureau of District and Oil and Gas Operations, Rachel Carson State Office Building, 15th Floor, P. O. Box 8765, Harrisburg, PA 17105-8467 or send email to: ra-epoilandgas@pa.gov with the subject line ''Comments on Standards and Guidelines for Identifying, Tracking, and Resolving Violations.''  Contact: John Ryder, 570-327-3636 or send email to: ra-epoilandgas@pa.gov.

Spill Reporting, Cleanup

The new proposed spill reporting and cleanup policy (DEP ID: 260-0500-001- Policy for Coordinating Immediate Responses and Final Remediation of Spills and Releases) summarizes how the Department oversees immediate responses and final remediation of spills and releases of regulated substances onto soils.

The purpose of the policy is to facilitate the consistent investigation of and the response to spills and to coordinate immediate response needs with final remediation endpoints.

Interested persons may submit written comments on this Draft Technical Guidance Document by November 3, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address.

Written comments should be submitted to Molly Adams, Bureau of Environmental Cleanup and Brownfields, P. O. Box 8471, Harrisburg, PA 17105-8471, 717-787-1566, or send email to: moadams@pa.gov.  Contact: Randy Roush, 717-787-1566 or send email to: raroush@pa.gov.

Both revised policies include some of the changes recommended by the Auditor General in his audit of the Marcellus Shale-related water quality programs released in July covering actions taken by DEP from 2009 to 2012.

DEP has posted the proposed new enforcement policy and the revised spill reporting policy on its website.  Click Here for more information on technical guidance open for public comment.

10/6/2014