The Department of Environmental Protection published notice of interim final Oil and Gas Program technical guidance in the October 8 PA Bulletin relating to Implementing the Area of Review Regulatory Requirement for Unconventional (Marcellus/Utica Shale) Oil and Gas Wells and on Replacement or Restoration of Private Water Supplies Impacted by Unconventional Oil and Gas Operations.

The guidance is related to implementing the final Chapter 78a drilling regulations also published in the October 8 PA Bulletin.

The deadline for comments is December 7.  Comments may be submitted via the Department's online eComment webpage.

DEP ID: 800-0810-001. Title: Guidelines for Implementing Area of Review Regulatory Requirement for Unconventional Wells. Description: This interim final guidance informs unconventional well operators engaged in hydraulic fracturing activities how to comply with the requirements of The Clean Streams Law (35 P.S. §§ 691.1—691.1001), 58 Pa.C.S. (relating to oil and gas) regarding the 2012 Oil and Gas Act, 25 Pa. Code Chapter 78a (relating to unconventional wells) and other applicable laws.

This interim final guidance has been developed to facilitate appropriate risk mitigation for unconventional well operators and includes a risk-based classification scheme for offset well locations and commensurate levels of monitoring; sections addressing communication incident management, reporting and resolution; and operational alternatives and technical considerations for different anticipated scenarios.

This interim final guidance also provides an outline of the Department's well adoption permitting process.

Written Comments: Interested persons may submit written comments on this interim final guidance by December 7, 2016. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address.

Commentators are encouraged to submit comments using the Department's online eComment webpage. Written comments should be submitted to ecomment@pa.gov  or the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Contact: Seth Pelepko, 717-772-2199, mipelepko@pa.gov.

DEP ID: 800-0810-002. Title: Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations. Description: This interim final guidance provides guidance to well operators for ensuring compliance with legal requirements related to restoration and replacement of private water supplies adversely impacted by unconventional operations.

This interim final guidance is intended to memorialize existing Department policy relating to the restoration or replacement of private water supplies adversely impacted by unconventional operations with a water supply of adequate quantity and/or quality for the purposes served by impacted water supply sources under section 3218 of the 2012 Oil and Gas Act (58 Pa.C.S. § 3218 (relating to protection of water supplies)).

The interim final guidance addresses the application of the presumption of liability under that section, provision of temporary water supplies as well as permanent restoration or replacement of water supplies.

Written Comments: Interested persons may submit written comments on this interim final guidance by December 7, 2016. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address.

Commentators are encouraged to submit comments using the Department's online eComment webpage. Written comments may be submitted to ecomment@pa.gov  or the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.  Contact: Kurt Klapkowski, 717-783-9893, kklapkowsk@pa.gov.

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10/10/2016