No new regulations were published this week.  Pennsylvania Bulletin - January 17, 2015

DEP Regulations In Process

Proposed Regulations Open For Comment - DEP webpage

Proposed Regulations With Closed Comment Periods - DEP webpage

Recently Finalized Regulations - DEP webpage

DEP Regulatory Update - DEP webpage

Technical Guidance & Permits

The Department of Environmental Protection published notice in the January 17 PA Bulletin of the final modifications to the Air Quality General Plan Approval for Natural Gas Compression and Processing Facilities (BAQ-GPA/GP-5) which included--

— Removal of the 100,000-ton per year greenhouse gas emissions applicability threshold for the use of GP-5.

— Clarifying that the Applicability/Scope of GP-5 applies to all types of natural gas-fired compressors.

— Addition of an annual compliance certification requirement signed by a Responsible Official.

— Clarifying that EPA Method 323 is the appropriate test method to determine formaldehyde emissions.

— Deletion of references to 40 CFR Part 63, Subpart HH (relating to National emission standards for hazardous air pollutants from oil and natural gas production facilities).

The draft changes to GP-5 were published for comment in the November 15 PA Bulletin.

A revised GP-5 will presumably be posted on DEP’s Air Quality General Permits webpage.

DEP also published notice of final technical guidance relating to Standards and Guidelines for Identifying, Tracking and Resolving Oil and Gas Violations, Rescinded now outdated technical guidance on Compliance Monitoring of Oil and Gas Wells and Related Facilities and Activities, Enforcement Actions by DEP’s Oil and Gas Management Program. A comment/response document was also posted.  The draft policy was issued for comment on October 4.

Final DEP ID: 820-4000-001. Title: Standards and Guidelines for Identifying, Tracking, and Resolving Oil and Gas Violations. Description: This policy provides direction to District Oil and Gas Operations staff in following a consistent approach in identifying, tracking and resolving violations.

It also provides standards and guidelines for initiating, documenting and resolving water supply investigation requests. It outlines the enforcement actions the Department may pursue to achieve compliance with applicable laws and regulations related to conventional and unconventional oil and gas development. The policy also provides advisory information to the regulated industry.

The finalization of this document replaces the previous policies ''Compliance Monitoring of Oil and Gas Wells and Related Facilities and Activities'' (550-3000-001) and ''Enforcement Actions by the Department's Oil and Gas Management Program'' (550-4000-001). Revisions were necessary to reflect changes to the organizational structure of the Department and to update the policies and procedures to reflect current oil and gas development activities in this Commonwealth.

Notice of availability of the draft guidance was published at 44 Pa.B. 6290 (October 4, 2014) as a substantive revision to document 550-3000-001 for a 30-day comment period that was extended at 44 Pa.B. 6853 (October 25, 2014) for an additional 15 days to November 18, 2014. The final guidance has been renumbered to reflect the reorganization of the Office of Oil and Gas Management. Contact: John Ryder, 570-327-3636, ra-epoilandgas@pa.gov.

Rescission: DEP ID: 550-3000-001. Title: Compliance Monitoring of Oil and Gas Wells and Related Facilities and Activities. Description: The purpose of this guidance document was to provide the Department's interpretation of applicable laws and regulations, and to provide instructional guidance to oil and gas operators as well as Department staff. With the finalization of the ''Standards and Guidelines for Identifying, Tracking, and Resolving Oil and Gas Violations'' (820-4000-001), this policy is outdated and is therefore being rescinded. Contact: John Ryder, 570-327-3636, ra-epoilandgas@pa.gov.

Rescission: DEP ID: 550-4000-001. Title: Enforcement Actions by the Department's Oil and Gas Management Program. Description: The purpose of this document was to provide guidance to the Department's Oil and Gas Management staff in determining what courses of enforcement to pursue to resolve violations and bring about compliance, and to provide advisory information to the regulated industry. With the finalization of the ''Standards and Guidelines for Identifying, Tracking, and Resolving Oil and Gas Violations'' (820-4000-001), this policy is outdated and is therefore being rescinded. Contact: John Ryder, 570-327-3636, ra-epoilandgas@pa.gov.

DEP also posted final guidance on Reporting Instructions for Public Water Systems Using Filtered Surface Water Sources.

Final DEP ID: 383-3301-106. Title: Turbidity and LT2 ESWTR Reporting Instructions for Public Water Systems Using Filtered Surface Water or GUDI Sources. Description: The Department provides accredited laboratory and public water supplier staff with the information necessary to properly report filtered surface water or Groundwater Under the Direct Influence of Surface Water (GUDI) turbidity monitoring data and to complete electronic Safe Drinking Water Act forms under the safe drinking water program.

This manual establishes uniform instructions and protocol for completing the electronic forms and for implementing the public drinking water reporting requirements for turbidity and recent additional treatment requirement reporting under the long Term 2 Enhanced Surface Water Treatment Rule (LT2 ESWTR) for public water systems (PWS) using surface water or GUDI sources.

This guidance applies to PWSs that are required to submit public drinking water turbidity data, including for the recent requirements for the LT2 ESWTR reporting to the Department. Notice of availability of the draft guidance was published at 44 Pa.B. 6995 (November 1, 2014) for a 30-day comment period ending December, 1, 2014; no public comments were received. Contact: Pauline Risser-Clemens, 717-772-5970, prissercle@pa.gov.

DEP published notice of changes to the list of companies and individuals certified to perform radon-related activities (PA Bulletin, page 368).

DEP Technical Guidance In Process

Draft Technical Guidance Documents - DEP webpage

Technical Guidance Comment Deadlines - DEP webpage

Recently Closed Comment Periods For Technical Guidance - DEP webpage

Technical Guidance Recently Finalized - DEP webpage

Copies of Final Technical Guidance - DEP webpage

Other DEP Proposals For Public Review

Other Proposals Open For Public Comment - DEP webpage

Recently Closed Comment Periods For Other Proposals - DEP webpage

Other Proposals Recently Finalized - DEP webpage

Visit DEP’s new Public Participation Center for information on how you can Be Informed! and Get Involved! in DEP regulation and guidance development process.

Click Here for links to DEP’s Advisory Committee webpages.

DEP Calendar of Events

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1/16/2015