The agenda for the October 18 Environmental Quality Board meeting includes the proposed repeal of the low-RVP gasoline requirement in the 7-county Pittsburgh Region and a proposed update of Radiological Health regulations.  Also on the agenda for consideration is a rulemaking petition to upgrade the stream classification of Whetstone Run in Delaware County.

The Environmental Quality Board published DEP’s final Chapter 78a Marcellus Shale drilling regulations in the October 8 PA Bulletin (page 6431), in spite of a last minute attempt by the PA Independent Oil and Gas Association to block their publication.

The Susquehanna River Basin Commission published formal notice in the October 8 PA Bulletin of proposed regulation and policy changes related to review and approval of water withdrawal projects along with notice of hearings on the proposal.  Comments on the policy are due January 6.  Comments on the regulation are due January 30.  SRBC also published a separate notice of these public hearings.   Click Here for more information.

Pennsylvania Bulletin - October 8, 2016

Sign Up For DEP’s eNotice: Did you know DEP can send you email notices of permit applications submitted in your community?  Notice of new technical guidance documents and regulations?  All through its eNotice system.  Click Here to sign up.

Check the PA Environmental Council Bill Tracker for the status and updates on pending state legislation and regulations that affect environmental and conservation efforts in Pennsylvania.

DEP Regulations In Process

Proposed Regulations Open For Comment - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Proposed Regulations With Closed Comment Periods - DEP webpage

Recently Finalized Regulations - DEP webpage

DEP Regulatory Update - DEP webpage

July 2016 DEP Regulatory Agenda - PA Bulletin, page 3731

Technical Guidance & Permits

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 deadline for comments is December 7.  Comments may be submitted via the Department's online eComment webpage.  (See more details below.)

The Susquehanna River Basin Commission published notice in the October 8 PA Bulletin of actions taken at its September 8 meeting.

The Public Utility Commission published notice in the October 8 PA Bulletin (page 6402) of supplemental implementation order for the Act 11 Distribution System Improvement Charge Program.

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.

DEP Technical Guidance In Process

Draft Technical Guidance Documents - DEP webpage

Technical Guidance Comment Deadlines - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Recently Closed Comment Periods For Technical Guidance - DEP webpage

Technical Guidance Recently Finalized - DEP webpage

Copies of Final Technical Guidance - DEP webpage

DEP Non-Regulatory/Technical Guidance Documents Agenda (July 2016) - DEP webpage

Other DEP Proposals For Public Review

Other Proposals Open For Public Comment - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Recently Closed Comment Periods For Other Proposals - DEP webpage

Other Proposals Recently Finalized - DEP webpage

Visit DEP’s Public Participation Center for public participation opportunities.  Click Here to sign up for DEP News a biweekly newsletter from the Department.

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

DEP Calendar of Events    DCNR Calendar of Events

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10/10/2016