On January 18, the Department of Environmental Protection presented the final version of technical guidance on using trenchless technology to construct natural gas, other pipelines and underground utilities to the DEP Water Resources Advisory Committee.

DEP said the technical guidance will be published in the PA Bulletin by the end of February.

DEP began the development of the guidance in July 2018 as a result of a settlement of litigation with the Clean Air Council, the Delaware Riverkeeper Network, and Mountain Watershed Association related to DEP’s permits issued for the Mariner East II Pipeline Project.

[Note: The construction of the Mariner East Pipeline across Pennsylvania resulted in Sunoco/Energy Transfer Partners being convicted of criminal charges for environmental violations and resulted in an additional $31 million in penalties.  Read more here.  And violations are continuing.]

The development of the guidance also benefited from the work of two workgroups consisting of a balanced group of stakeholders that represented the interests of the Appellants, DEP, and select other entities, chosen by DEP, representing the interests of proponents for the potential development of draft policy, procedure, and/or guidance documents.

Visit DEP’s Trenchless Technologies Resource Page for more background and documents related to the technical guidance.

Quick Summary

“The TGD itself outlines for project proponents, things to consider or possibly implement when necessary, when they're proposing the use of trenches, technology installation or when they're proposing that methodology on any project or any portion of a project, said Andrew Foley, Water Program Specialist, DEP Regional Permit Coordination Office.

“The guidance was drafted in concurrence with the existing regulations, so it doesn't stipulate or provide new recommendations outside of what exists, but it does help bring together the best practices and provides a more consistent departmental stance on trenches, technology and utilization of trenchless technology, which has long been needed,” added Foley.

“We believe the guidance will help improve the quality of application submissions by reviewing or removing a lot of the ambiguity that goes into the planning and preparation that applicants do to prepare for submission of a permit that involves trenchless technology,” said Foley.

“We believe it should help foster a more consistent approach by our staff as they review these permits on what we expect and what we consider to be above average risk for these types of projects,” explained Foley.

“The guidance provides, as I said, very necessary information that helps clarify while also providing a consistent message that we think will help applicants develop a more solid and defensible permit submission, bringing the two together so that we're working on the same page,” said Foley.

From the guidance-- “The guidance document outlines the steps and options to consider, and implement as appropriate, when proposing to use a trenchless technology installation method, including horizontal directional drilling, on any portion of a project.”

“The level of analysis needed for a project should be commensurate with the level of environmental risk. It is the project proponent’s responsibility to perform the due diligence, but DEP may request this, if necessary, to determine compliance with the statutes or the rules and regulations administered by DEP.

“Some of the guidance provided herein may not be appropriate for the scope of a proposed project. Each project that proposes trenchless technology (e.g., HDD) should be prepared in consideration of project-specific and site-specific issues, impacts, and public and agency comments.”

Site Suitability & Feasibility/Alternatives Analysis

From the guidance- “DEP recommends a Site Suitability Analysis and a Feasibility Analysis which include evaluating the potential effects of trenchless technology construction on the environment and impacts to aquatic resources in advance of and throughout the permitting process.

“Guidelines for supplemental measures to be incorporated into Preparedness, Prevention, and Contingency (PPC) Plans are also outlined in the event they should be needed either during or after construction.

“The Site Suitability Analysis includes, but is not limited to, an evaluation of site topography, soil type, geology, hydrogeology, water supplies (public, private, and industrial), known oil or gas wells, mining sites, and contaminated sites.”

“The Feasibility Analysis includes the assessment for use of trenchless technology construction as the least environmentally impacting alternative.

“The Feasibility Analysis includes an evaluation of economics and constructability (see 25 Pa. Code §§ 105.18a(a)(3) and 105.18a(b)(3), and DEP’s Guidance for Developing a Chapter 105 Alternatives Analysis (310-2100-002)).”

“For projects that are considered above average risk, DEP recommends that local stakeholders (e.g., local municipalities, county officials, emergency managers, watershed groups, nongovernmental organizations, and other concerned citizens who have expressed interest) are consulted during the Site Suitability Analysis and Feasibility Analysis.

“This guidance document also includes design considerations when proposing trenchless technology and construction considerations when executing trenchless technology as well as a plan submittal checklist and suggested attachments.

Emergency Response Planning

From the guidance-- “In addition, this guidance document outlines the need for an inspection and monitoring program and most importantly the need for Emergency Response Planning.”

“The design and permitting guidance includes identification, detailed design, and confirmation of the preferred construction method. Any plan contents and attachments required for permitting are also identified.

“The construction and compliance guidance include personnel training, recommended pre-construction activities, preparation of an HDD drilling fluids management plan when applicable, inspection and monitoring, and emergency response planning.”

Risk Evaluation

From the guidance- “DEP recognizes that all projects do not pose the same level of risk. This guidance document may not be necessary for projects that pose little to no risk to environmental resources.

“Project proponents are responsible to diligently evaluate all risks associated with a project and determine if the information in this guidance document may help minimize or eliminate those risks.”

The Risk Evaluation looks at nine areas--

1. Will drilling fluids be used under pressure?

2. Are you crossing under an aquatic resource

3. PNDI receipt show any threats to T&E species?

4. Are portions of the trenchless technology project located within a Zone II wellhead protection area of a Public Water System groundwater source or within a 1,000-foot radius of a potable groundwater source?

5. Are portions of the trenchless technology project located within a 2-mile radius of a Public Water System surface water intake?

6. Any evidence of contamination (e.g., USTs, Brownfield, presence of monitoring wells, etc.)?

7. Activity in steep slopes?

8. Activity in questionable geology (e.g., mines, faults, karst, etc.)?

9. Activity occurring with significant elevation difference between entry and exit?

Foley explained-- “It's important to point out that the nine factors are factors that were developed from the start of this journey in 2018, and it includes factors that industry experts and departmental review staff working together had decided that these were factors that we wanted to include.”

He continued-- “The department believes an above average risk could exist to resources stemming from the utilization of trenchless methodologies [in these areas or risk].

“So in these scenarios, the department recommends a more in-depth analysis on any proposed trenchless methodology to help mitigate risk as much as possible.”

Siting Projects

From the guidance-- “It is important to note that DEP has a limited role in siting projects.

“DEP strongly recommends that project proponents review if other agencies (e.g., Pennsylvania Utilities Commission) regulate pipeline siting or other obligations not regulated by DEP and coordinate early with all pertinent agencies.

“The siting (or project location) is often selected by the project proponent and, if federally regulated, reviewed by that federal agency (e.g., the Federal Energy Regulatory Commission).

“DEP is bound by the authorities listed in the “Authority” section above.”

Not An Endorsement Of Trenchless Technology

From the guidance-- “The issuance of this guidance document is not meant to dissuade the use of trenchless technology, nor should it form the basis for dismissing consideration of trenchless technology methods, which can help to avoid, minimize, or eliminate environmental impacts.

“Conversely, this guidance document is not meant to indicate that DEP exclusively views trenchless technology methods as the least impacting environmental alternative in all cases.

“Each crossing scenario should be evaluated on a case-by-case basis to make informed decisions regarding the suitability, feasibility, and environmental considerations of using trenchless technology methods.”

Click Here for a copy of the guidance.  

Click Here for a copy of DEP’s presentation.

Click Here for an audio file of the presentation on the guidance by Andrew Foley, Water Program Specialist, DEP Regional Permit Coordinator Office.

Visit DEP’s Trenchless Technologies Resource Page for more documents related to the technical guidance.

For more information and available handouts, visit DEP’s Water Resources Advisory Committee webpage. Questions should be directed to Bob Haines robhaines@pa.gov.

Weekly PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Jan. 13 to 19;  9 Abandoned Conventional Wells; 4 Abandoned Shale Gas Wells; Freshwater Pipeline Break; Ice & Snow  [PaEN]

-- 4 Months Later, XTO Energy, Inc. Said They Will Plug 4 Shale Gas Wells DEP Found To Be Abandoned And Not Plugged In September  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - January 20  [PaEN]

-- DEP Posted 41 Pages Of Permit-Related Notices In January 20 PA Bulletin  [PaEN]

2023 Oil & Gas Compliance Reports:

-- DEP Issued At Least 512 Violations To 95 Conventional Oil & Gas Operators For Abandoning Wells Without Plugging Them In 2023; 10 Shale Gas Operators Were Issued NOVs For Abandoning Wells  [PaEN]

-- DEP Issues Record 6,860 Notices Of Violation To Conventional Oil & Gas Operators In 2023-- Nearly 52% More Than In 2021; ‘Culture Of Non-Compliance’ Continues  [PaEN]

-- 2023 Shale Gas Operator Compliance Report: 1,310 Violations; Explosions; Pad Fire, Evacuation; Uncontrolled Gas Venting; Frack-Outs; Polluting Water Supply; Spills; Pipeline Crashing Thru A Home; More  [PaEN]

-- PA Environment Digest: Articles On Oil & Gas Facility Impacts

Related Articles:

-- DEP Releases Final Guidance On Environmental Considerations In Using Trenchless Technology To Construct Natural Gas, Other Pipelines  [PaEN]

-- Susquehanna River Basin Commission Sets Feb. 1 Hearing On Water Withdrawal Requests, Including 8 Related To Shale Gas Development; And On Cooperative Fish Nursery General Permit  [PaEN]

-- Susquehanna River Basin Commission Approves 25 Shale Gas Well Pad Water Use General Permits In Bradford, Lycoming, Potter, Sullivan, Susquehanna, Tioga, Wyoming Counties  [PaEN]

-- Senate Environmental Committee To Hold 2nd Joint Hearing With Ohio Legislature On Electric Grid Reliability Feb. 1;  Will It Address Natural Gas Infrastructure Vulnerabilities?  [PaEN]

-- PJM Interconnection Issues New Cold Weather Alert For Western Region Jan. 19-22  [PaEN]

-- CFA Approves $27 Million In Watershed, Recreation Projects Funded By Act 13 Drilling Impact Fees; Fees Dropping $104 Million In 2024; New Grant Round Opening  [PaEN]

-- DEP Hosts In-Person, Virtual Q/A Sessions On Applying For $5 Million Shell Petrochemical Plant Mitigation Grants In Beaver County  [PaEN]

-- Health Effects Institute Hosts Annual Conference April 28-30 In Philadelphia; Call For Abstracts  [PaEN]

-- PA Cong. Thompson, Deluzio Introduce Bipartisan Bill To Provide Flexibility To States Implementing The Federal Conventional Orphan Oil & Gas Well Plugging Program  [PaEN]

NewsClips:

-- WJAC - Stoker Wieczorek: Equitrans Rager Mountain Gas Storage Area Leak Site Not Cleaned Up Over A Year Later In Cambria County

-- Reuters: Severe US Cold Snap Prompts Peak Power, Natural Gas Demand, Drop In Gas Production  [Freeze-offs Caused 17 Billion Cubic Foot Reduction In Gas Production; 19.6 Bcfd Reduction During Winter Storm Elliott; 20.4 Bcfd Reduction In Feb. 2021]

-- Marcellus Drilling News: US Natural Gas Prices Make Huge Jump On Deep Freeze; Some Shale Gas Prices Increase By 400%

-- TribLive Letter: Proliferation Of Natural Gas Operations In Bell Township, Westmoreland County Raise Concerns - Cody Deluisio

-- Reuters: US Natural Gas Demand Eyes Record As Arctic Blast Dents Output

-- Reuters: US Natural Gas Supplies Drop Due To Frozen Wells, Record Demand Forecast Due To Extreme Cold  [Again]

-- Reuters: US LNG Natural Gas Feedgas To LNG Plants Drops To One-Year Low By Arctic Freeze, Problems At Freeport LNG Plant In Texas

-- Bloomberg: US Deep Freeze Force LNG Natural Gas Exporters To Cancel, Delay Shipments

-- Bloomberg: EU Sees Natural Gas Storage Levels More Than Half Full By Winter’s End

-- Bloomberg: LNG Natural Gas Tankers Divert From Red Sea As Qatar Warns Of Escalation

-- Financial Times: The LNG Natural Gas Glut Will Chill The Gas Ambitions Of Oil Majors

-- Financial Times: US Energy Security Role In Question As Natural Gas Exports Receive New Scrutiny

[Posted: January 18, 2024]

1/22/2024