[43 Pa.B. 7377]
[Saturday, December 14, 2013]
[Continued from previous Web Page]
Subchapter C. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 78.51. Protection of water supplies.
* * * * * (b) A landowner, water purveyor or affected person suffering pollution or diminution of a water supply as a result of well site construction, well drilling, altering or operating [an oil or gas well] activities may so notify the Department and request that an investigation be conducted. Notices shall be made to the appropriate Department regional office or by calling the Department's Statewide toll free number at (800) 541-2050. The notice and request must include the following:
* * * * * (c) Within 10 calendar days of the receipt of the investigation request, the Department will investigate the claim and will, within 45 calendar days of receipt of the request, make a determination. If the Department finds that pollution or diminution was caused by the well site construction, drilling, alteration or operation activities or if it presumes the well operator responsible for pol-luting the water supply of the landowner or water purveyor under section [208(c) of the act (58 P. S. § 601.208(c))] 3218(c) of the act (relating to protection of water supplies), the Department will issue orders to the well operator necessary to assure compliance with this section. The presumption established by section 3218(c) of the act is not applicable to pollution resulting from well site construction.
(d) A restored or replaced water supply includes any well, spring, public water system or other water supply approved by the Department, which meets the criteria for adequacy as follows:
* * * * * (2) Quality. The quality of a restored or replaced water supply will be deemed adequate if it meets the standards established under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17), or is comparable to the quality of the water supply before it was affected by the operator if that water supply [did not meet these] exceeded those standards.
* * * * * (g) If the well operator and the water user are unable to reach agreement on the means for restoring or replacing the water supply, the Department or either party may request a conference under section [501 of the act (58 P. S. § 601.501)] 3251 of the act (relating to conferences).
(h) A well operator who receives notice from a landowner, water purveyor or affected person that a water supply has been affected by pollution or diminution, shall report receipt of notice from an affected person to the Department within 24 hours of receiving the notice. Notice shall be provided electronically through the Department's web site.
§ 78.52. Predrilling or prealteration survey.
(a) A well operator who wishes to preserve its defense under section [208(d)(1) of the act (58 P. S. § 601.208 (d)(1))] 3218(d)(1)(i) and (2)(i) of the act (relating to protection of water supplies) that the pollution of a water supply existed prior to the drilling or alteration of the well shall conduct a predrilling or prealteration survey in accordance with this section.
(b) A person who wishes to document the quality of a water supply to support a future claim that the drilling or alteration of the well affected the water supply by pollution may conduct a predrilling or prealteration survey in accordance with this section.
(c) The survey shall be conducted by an independent [certified] Pennsylvania-accredited laboratory. A person independent of the well owner or well operator, other than an employee of the [certified] accredited laboratory, may collect the sample and document the condition of the water supply, if the [certified] accredited laboratory affirms that the sampling and documentation is performed in accordance with the laboratory's approved sample collection, preservation and handling procedure and chain of custody.
(d) An operator electing to preserve its defenses under section [208(d)(1)] 3218(d)(1)(i) and (2)(i) of the act shall provide a copy of all the sample results taken as part of the survey to the Department [and] by electronic means in a format determined by the Department within 10 business days of receipt of all the sample results taken as part of the survey. The operator shall provide a copy of any sample results to the landowner or water purveyor within 10-business days of receipt of the sample results. [Test] Survey results not received by the Department within 10 business days may not be used to preserve the operator's defenses under section [208(d)(1)] 3218(d)(1)(i) and (2)(i) of the act.
(e) The report describing the results of the survey must contain the following information:
(1) The location of the water supply and the name of the surface landowner or water purveyor.
(2) The date of the survey, and the name of the [certified] independent Pennsylvania-accredited laboratory and the person who conducted the survey.
(3) A description of where and how the [sample was] samples were collected.
* * * * * (f) A well operator who wishes to preserve the defense under section [208(d)(2)] 3218(d)(1)(ii) and (2)(ii) of the act that the landowner or water purveyor refused the operator access to conduct a survey shall confirm the desire to conduct this survey and that access was refused by issuing notice to the person by certified mail, or otherwise document that access was refused. The notice must include the following:
* * * * * (4) The name and address of the well operator and the address of the Department, to which the water purveyor or landowner may respond.
(g) The operator of an unconventional well shall provide written notice to the landowner or water purveyor indicating that the presumption established under section 3218(c) of the act may be void if the landowner or water purveyor refused to allow the operator access to conduct a predrilling or prealteration survey. Proof of written notice to the landowner or water purveyor shall be provided to the Department for the operator to retain the protections under section 3218(d)(2)(ii) of the act. Proof of written notice will be presumed if provided in accordance with section 3212(a) of the act (relating to permit objections).
(Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 78.52a. Abandoned and orphaned well identification.
(a) Prior to hydraulically fracturing the well, the operator of a gas well or horizontal oil well shall identify the location of orphaned or abandoned wells within 1,000 feet measured horizontally from the vertical well bore and 1,000 feet measured from the surface above the entire length of a horizontal well bore in accordance with subsection (b). Prior to hydraulically fracturing the well, the operator of a vertical oil well shall identify the location of orphaned or abandoned wells within 500 feet of the well bore in accordance with subsection (b). For the purposes of this section, a gas well is a well which is producing or capable of producing marketable quantities of gas or of gas and oil with a gas-oil ratio of more than 100 MCF per bbl of oil.
(b) Identification shall be accomplished by conducting the following:
(1) A review the Department's orphaned and abandoned well database.
(2) A review of applicable farm line maps, where accessible.
(3) Submitting a questionnaire on forms provided by the Department to landowners whose property is within the area identified in subsection (a) regarding the precise location of orphaned and abandoned wells on their property.
(c) Prior to hydraulically fracturing a well, the operator shall submit a plat to the Department showing the location and GPS coordinates of orphaned and abandoned wells identified under subsection (b) and proof of notification that the operators submitted questionnaires under subsection (b)(3).
§ 78.53. Erosion and sediment control.
[During and after earthmoving or soil disturbing activities, including the activities related to siting, drilling, completing, producing, servicing and plugging the well, constructing, utilizing and restoring the access road and restoring the site, the operator shall design, implement and maintain best management practices in accordance with] Any person proposing or conducting earth disturbance activities associated with oil and gas activities shall comply with Chapter 102 (relating to erosion and sediment control) [and an erosion and sediment control plan prepared under that chapter]. Best management practices for erosion and sediment control for oil and gas well [operations] activities are listed in the [Oil And Gas Operators Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, Guidance No. 550-0300-001 (April 1997), as amended and updated] Erosion and Sediment Pollution Control Program Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008, as amended and updated, and the Oil and Gas Operators Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, Guidance No. 550-0300-001, as amended and updated.
§ 78.55. Control and disposal planning; emergency response for unconventional well sites.
(a) Preparation and implementation of plan for oil and gas operations. [Prior to generation of waste, the well operator shall prepare and implement a plan under § 91.34 (relating to activities utilizing pollutants) for the control and disposal of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, additives, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings from the drilling, alteration, production, plugging or other activity associated with oil and gas wells.] Persons conducting oil and gas operations shall prepare and implement site specific PPC plans according to §§ 91.34 and 102.5(l) (relating to activities utilizing pollutants; and permit requirements).
(b) Preparation and implementation of plan for well sites. In addition to the requirements in subsection (a), the well operator shall prepare and develop a site specific PPC plan prior to storing, using, generating or transporting regulated substances to, on or from a well site from the drilling, alteration, production, plugging or other activity associated with oil and gas wells.
(c) Containment practices. The unconventional well operator's PPC plan must describe the containment practices to be utilized and the area of the well site where containment systems will be employed as required under § 78.64a (relating to containment systems and practices at unconventional well sites). The PPC plan must include a description of the equipment to be kept onsite during drilling and hydraulic fracturing operations that can be utilized to prevent a spill from leaving the well site.
[(b)] (d) Requirements. The well operator's PPC plan must also identify the control and disposal methods and practices utilized by the well operator and be consistent with the act, The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003) and §§ 78.54, 78.56—78.58 and 78.60—78.63. The PPC plan must also include a pressure barrier policy developed by the operator that identifies barriers to be used during identified operations.
[(c)] (e) Revisions. The well operator shall revise the PPC plan prior to implementing a change to the practices identified in the PPC plan.
[(d)] (f) Copies. A copy of the well operator's PPC plan shall be provided to the Department, the Fish and Boat Commission or the land owner upon request and shall be available at the [well] site during drilling and completion activities for review.
(g) Guidelines. With the exception of the pressure barrier policy required under subsection (d), a PPC plan developed in conformance with the Guidelines for the Development and Implementation of Environmental Emergency Response Plans, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 400-2200-001, as amended and updated, will be deemed to meet the requirements of this section.
[(e)] (h) Emergency contacts. A list of emergency contact phone numbers for the area in which the well site is located must be included in the plan and be prominently displayed at the well site during drilling, completion or alteration activities.
[(f)] (i) Emergency response for unconventional well sites.
* * * * * § 78.56. [Pits and tanks for temporary containment] Temporary storage.
(a) Except as provided in §§ 78.60(b) and 78.61(b) (relating to discharge requirements; and disposal of drill cuttings), the operator shall contain [pollutional] regulated substances and wastes from the drilling, altering, completing, recompleting, servicing and plugging the well, including brines, drill cuttings, drilling muds, oils, stimulation fluids, well treatment and servicing fluids, plugging and drilling fluids other than gases in a pit, tank or series of pits and tanks or other approved storage structures. The operator shall install or construct and maintain the pit, tank or series of pits and tanks or other approved storage structures in accordance with the following requirements:
(1) The pit, tank [or], series of pits and tanks, or other approved storage structure shall be constructed and maintained with sufficient capacity to contain all [pollutional] regulated substances and wastes which are used or produced during drilling, altering, completing, recompleting, servicing and plugging the well.
(2) Modular aboveground storage structures that are assembled onsite may not be utilized to store regulated substances without Department approval. The Department will maintain a list of approved modular storage structures on its web site. The owner or operator shall notify the Department at least 3 business days before the beginning of construction of these storage structures. The notice shall be submitted electronically to the Department through its web site and include the date the storage structure installation will begin. If the date of installation is extended, the operator shall renotify the Department with the date that the installation will begin, which does not need to be 3 business days in advance.
[(2)] (3) A pit shall be designed, constructed and maintained so that at least 2 feet of freeboard remain at all times. If open tanks or open storage structures are used, the tanks and storage structures shall be maintained so that at least 2 feet of freeboard remain at all times unless the tank or storage structure is provided with an overflow system to a standby tank or pit with sufficient volume to contain all excess fluid or [waste] regulated substances. If an open standby tank or open storage structure is used, it shall be maintained with 2 feet of freeboard. If this subsection is violated, the operator immediately shall take the necessary measures to ensure the structural stability of the pit, or tank or other storage structure, prevent spills and restore the 2 feet of freeboard.
[(3)] (4) Pits [and], tanks and other approved storage structures shall be designed, constructed and maintained to be structurally sound and reasonably protected from unauthorized acts of third parties.
(5) For unconventional well sites, unless an individual is continuously present at the well site, a fence must completely surround all pits to prevent unauthorized acts of third parties and damage caused by wildlife.
(6) Unless an individual is continuously present at the well site, operators shall equip all tank valves and access lids to regulated substances with reasonable measures to prevent unauthorized access by third parties such as locks, open end plugs, removable handles, retractable ladders or other measures that prevent access by third parties. Tanks storing freshwater, fire prevention materials and spill response kits are excluded from the requirements of this paragraph.
(7) The operator of an unconventional well site shall display a sign on or near the tank or other approved storage structure identifying the contents and an appropriate warning of the contents such as flammable, corrosive or a similar warning.
[(4)] (8) A pit [or], tank or other approved storage structure that contains drill cuttings from below the casing seat, [pollutional] regulated substances[, wastes] or fluids other than tophole water, fresh water and uncontaminated drill cuttings shall be impermeable [and comply with the following:].
[(i) The pits] (9) Pits shall be constructed with a synthetic flexible liner [with] that covers the bottom and sides of the pit. Liners used in a pit or other approved storage structures must comply with the following:
(i) The liner must have a coefficient of permeability of no greater than 1 x [10-7] 10-10 cm/sec [and with sufficient strength and thickness to maintain the integrity of the liner].
(ii) The liner must be at least 30 mils thick unless otherwise approved by the Department. Approval may be granted if the manufacturer demonstrates that the alternative thickness is at least as protective as a 30 mil liner. A list of approved alternative liners will be maintained on the Department's web site.
(iii) The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the [waste] regulated substance stored therein and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility must satisfy ASTM Method D5747, Compatibility Test for Wastes and Membrane Liners, or other compatibility test approved by the Department for the duration the pit or other temporary storage structure is used.
(iv) Adjoining sections of liners shall be sealed together to prevent leakage in accordance with the manufacturer's directions. [If the operator seeks to use a liner material other than a synthetic flexible liner, the operator shall submit a plan identifying the type and thickness of the material and the installation procedures to be used, and shall obtain approval of the plan by the Department before proceeding.] The integrity of all seams of the adjoining sections of liner shall be tested prior to use. Results of the tests shall be available upon request.
[(ii)] (10) The pit shall be constructed so that the liner subbase is smooth, uniform and free from debris, rock and other material that may puncture, tear, cut or otherwise cause the liner to fail. The pit must be structurally sound and the interior slopes of the pit must have a slope no steeper than 2 horizontal to 1 vertical. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling that may affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other materials that may cause the liner to fail, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material, shall be installed over the area as the subbase for the liner.
[(iii)] (11) The bottom of the pit shall be at least 20 inches above the seasonal high groundwater table, unless the operator obtains approval under subsection (b) for a pit that exists only during dry times of the year and is located above groundwater. The operator of an unconventional well shall determine that the pit bottom is at least 20 inches above the seasonal high groundwater table prior to using the pit. A soil scientist or other similarly trained person using accepted and documented scientific methods shall make the determination. The individual's determination must contain a statement certifying that the pit bottom is at least 20 inches above the seasonal high groundwater table according to observed field conditions. The name, qualifications and statement of the individual making the determination and the basis of the determination shall be provided to the Department upon request.
(12) Stormwater must be diverted away from the pit.
(13) Prior to placing material in the pit, the liner shall be inspected for lack of uniformity, damage and other imperfections that may cause the liner to leak. The well operator shall correct damages or imperfections before placing the material in the pit and maintain the pit until closure of the pit.
[(iv)] (14) If a liner becomes torn or otherwise loses its integrity, the pit or approved storage structure shall be managed to prevent the [pit] contents from leaking [from the pit]. If repair of the liner or construction of another temporary pit or approved storage structure is not practical or possible, the [pit] contents shall be removed and disposed at an approved waste disposal facility or disposed on the well site in accordance with § 78.61, § 78.62 or § 78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application).
[(v)] (15) The liner shall be secured around the perimeter of the pit in a manner that does not compromise the integrity of the liner. If the liner drops below the 2 feet of freeboard, the pit shall be managed to prevent the pit contents from leaking from the pit and the 2 feet of lined freeboard shall be restored.
(16) The unconventional well operator shall notify the Department at least 3 business days before the installation of the pit liner. The notice shall be submitted electronically to the Department through its web site and include the date the liner will be installed. If the date of installation is extended, the operator shall renotify the Department with the date of installation, which does not need to be 3 business days in advance. Notice is not required if the licensed professional engineer or geologist that designed the well site submits a statement on forms provided by the Department certifying that the pit and the pit liner, as built, are compliant with this section. This certification shall be submitted within 10 business days of installation of the pit liner.
(17) Condensate, whether separated or mixed with other fluids, may not be stored in any open top structure or pit. Tanks used for storing or separating condensate during well completion shall be monitored and have controls to prevent vapors from exceeding the lower explosive limits of the condensate outside the tank. Tanks used for storing or separating condensate shall be grounded.
(b) The operator may request to use practices other than those specified in subsection (a) which provide equivalent or superior protection by submitting a request to the Department for approval. The request shall be made on forms provided by the Department.
(c) Disposal of uncontaminated drill cuttings in a pit or by land application shall comply with § 78.61. A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with § 78.62. Disposal of residual waste, including contaminated drill cuttings, by land application shall comply with § 78.63.
(d) [Unless a permit under The Clean Streams Law (35 P. S. §§ 691.1—691.1001) or approval under § 78.57 or § 78.58 (relating to control, storage and disposal of production fluids; and existing pits used for the control, storage and disposal of production fluids) has been obtained for the pit, the] The owner or operator shall remove or fill the pit within 9 months after completion of drilling, or in accordance with the extension granted by the Department under section [206(g) of the act (58 P. S. § 601.206(g))] 3216(g) of the act (relating to well site restoration) and § 78.65(d) (relating to site restoration). Pits used during servicing, plugging and recompleting the well shall be removed or filled within 90 calendar days of construction.
§ 78.57. Control, storage and disposal of production fluids.
(a) Unless a permit has been obtained under § 78.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation[, service and plugging] of the well in a tank[, pit] or a series of [pits or] tanks, or other device approved by the Department for subsequent disposal or reuse. Open top structures may not be used to store brine and other fluids produced during operation of the well. Except as allowed in this subchapter or otherwise approved by the Department, the operator may not discharge the brine and other fluids on or into the ground or into the waters of this Commonwealth.
(b) Except as provided in § 78.56 (relating to [pits and tanks for] temporary [containment] storage), the operator may not use a pit for the control, handling or storage of brine and other fluids produced during operation, service or plugging of a well [unless the pit is authorized by a permit under The Clean Streams Law (35 P. S. §§ 691.1—691.1001) or approval to operate the pit as an impoundment under The Clean Streams Law is obtained from the Department under subsection (c)].
[(c) The operator may apply for approval from the Department to operate a pit as an impoundment under The Clean Streams Law, as indicated by the Department's issuance of a pit approval number in accordance with this section. No pit will be eligible for approval under this subsection unless the capacity of any one pit or of any two or more interconnected pits is less than 250,000 gallons, or the total capacity contained in pits on one tract or related tracts of land is less than 500,000 gallons. Compliance with this subsection does not relieve the operator from the obligation to comply with section 308 of The Clean Streams Law (35 P. S. § 691.308) and the requirements for obtaining a permit for the erection, construction and operation of treatment works promulgated under that section.
(1) A request for approval under this subsection shall be made on forms furnished by the Department and, at a minimum, shall include the following:
(i) A description of the operator's plan that demonstrates compliance with this subsection for the construction or reconstruction of the pit.
(ii) A description of the operator's program for operation and maintenance of the pit.
(iii) A description of the method for subsequent disposal or reuse of the brine or other fluids produced during operation of the well.
(iv) A description of the operator's program for the closure of the pit and restoration of the site.
(2) The operator shall design, construct, operate and maintain the pit in accordance with the approval and the following:
(i) The pit approval number is posted at the pit in a legible and visible manner.
(ii) The pit is not located within 100 feet of a stream, wetland or body of water unless a waiver is granted by the Department.
(iii) The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table.
(iv) At least 2 feet of freeboard remain at all times.
(v) The pit is structurally sound and the inside slopes of the pit are not steeper than a ratio of 2 horizontal to 1 vertical.
(vi) The pit is impermeable and is lined with a synthetic flexible liner or alternate material that has a coefficient of permeability of no greater than 1 x 10-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The thickness of a synthetic liner shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer's directions to prevent leakage.
(vii) The physical and chemical characteristics of the liner shall be compatible with the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.
(viii) The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling in an amount that will affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or a sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.
(ix) Prior to placing brine or other fluids in the pit, the operator shall inspect the liner and correct all damage or imperfections that may cause the liner to leak.
(x) Surface water which may drain into the pit shall be diverted away from the pit.
(xi) The pit is reasonably protected from unauthorized acts of third parties.
(3) Upon abandonment of the well or revocation of the approval by the Department, the operator shall restore the pit in accordance with the following:
(i) The free liquid fraction of the pit contents shall be removed and disposed under § 78.60(a) and the remaining pit contents and liner shall be removed and disposed under §§ 78.62 and 78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application), or the Solid Waste Management Act.
(ii) The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.
(iii) The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with § 78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against accelerated erosion.]
(c) Secondary containment capable of preventing tank contents from entering waters of the Commonwealth is required for all new, refurbished or replaced tanks or other aboveground containment structures approved by the Department, including their associated manifolds, that contain brine and other fluids produced during operation of the well. If one tank in a series of tanks is added, refurbished or replaced, secondary containment is required for the entire series of tanks. The secondary containment area provided by dikes or other methods of secondary containment open to the atmosphere must have containment capacity sufficient to hold the volume of the largest single tank, plus an additional 10% of volume for precipitation. Compliance with § 78.64 (relating to containment around oil and condensate tanks) or using double walled tanks capable of detecting a leak in the primary container fulfill the requirements in this subsection.
(d) Tanks, series of tanks or other aboveground storage structures approved by the Department used to store brine or other fluids produced during operation of the well shall be designed, constructed and maintained to be structurally sound in accordance with sound engineering practices adhering to Nationally recognized industry standards and the manufacturer's specifications. Tanks that are manifolded together shall be designed in a manner to prevent the uncontrolled discharge of multiple manifolded tanks.
(e) Underground or partially buried storage tanks may not be used to store brine or other fluids produced during operation of the well unless approved by the Department. Existing underground or partially buried storage tanks shall be removed by ______ (Editor's Note: The blank refers to 3 years after the effective date of adoption of this proposed rulemaking.). A well operator utilizing underground or partially buried storage tanks as of ______ , (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) shall provide the Department with a list of the well sites where the underground or partially buried storage tanks are located and schedule for removal of the tanks by______
(Editor's Note: The blank refers to 6 months after the effective date of adoption of this proposed rulemaking.)(f) All new, refurbished or replaced tanks that store brine or other fluid produced during operation of the well must comply with the applicable corrosion control requirements in §§ 245.531—245.534 (relating to corrosion and deterioration prevention).
(g) All new, refurbished or replaced tanks storing brine or other fluids produced during operation of the well must be reasonably protected from unauthorized acts of third parties. Unless the tank is surrounded by a fence, tank valves and access lids must utilize locks, open end plugs or removable handles and ladders on tanks must be retractable or other measures that prevent access by third parties.
§ 78.58. [Existing pits used for the control, storage and disposal of production fluids] Onsite processing.
[For pits in existence on July 29, 1989, the operator may request approval for an alternate method of satisfying the requirements of § 78.57(c)(2)(iii) (relating to control, storage and disposal of production fluids), the angle of slope requirements of § 78.57(c)(2)(v) and the liner requirement of § 78.57(c)(2)(vi)—(viii) by affirmatively demonstrating to the Department's satisfaction, by the use of monitoring wells or other methods approved by the Department, that the pit is impermeable and that the method will provide protection equivalent or superior to that provided by § 78.57. The operator shall request approval under § 78.57(c)(1).]
(a) The operator may request approval by the Department to process fluids generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells at the well site where the fluids were generated or at the well site where all of the fluid is intended to be beneficially used to develop, drill or stimulate a well. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(b) Approval from the Department is not required for the following activities conducted at a well site or centralized impoundment permitted under § 78.59c (relating to centralized impoundments):
(1) Mixing fluids with freshwater.
(2) Aerating fluids.
(3) Filtering solids from fluids.
(c) The operator may request to process drill cuttings only at the well site where those drilling cuttings were generated by submitting a request to the Department for approval. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(d) Processing residual waste generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells other than as provided for in subsections (a) and (b) shall comply with the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003).
(e) Processing of fluids in a manner approved under subsection (a) will be deemed to be approved at subsequent well sites provided the operator notifies the Department of location of the well site where the processing will occur prior to the beginning of processing operations. The notice shall be submitted electronically to the Department through its web site and include the date activities will begin.
(f) Sludges, filter cake or other solid waste remaining after the processing or handling of fluids under subsection (a) or (b), including solid waste mixed with drill cuttings, shall be characterized under § 287.54 (relating to chemical analysis of waste) before the solid waste leaves the well site.
(Editor's Note: Sections 78.59a, 78.59b and 78.59c are new and printed in regular type to enhance readability.)
§ 78.59a. Impoundment embankments.
Embankments constructed for freshwater and centralized impoundments for oil and gas activities must meet the following requirements:
(1) The foundation for each embankment must be stripped and grubbed to a minimum depth of 2 feet below existing contour prior to any placement and compaction of fill.
(2) Any springs encountered in the embankment foundation area shall be drained to the downstream toe of the embankment with a drain section 2 foot by 2 foot in dimension consisting of PennDOT Type A sand, compacted by hand tamper. Geotextiles may not be used around sand. The last 3 feet of this drain at the downstream slope must be constructed of AASHTO #8 material.
(3) The minimum top width of the embankment must be 12 feet.
(4) The inside and outside slope must have a slope no steeper than 3 horizontal to 1 vertical.
(5) Soils to be used for embankment construction must be classified in accordance with ASTMD-2487 (Unified Soils Classification). Soil samples must be classified at a minimum rate of 1 sample per 1,000 cubic yards of placed fill. Results of testing of materials shall be provided to the Department upon request.
(6) The embankment must be constructed out of soils designated as GC, GM, SC, SM, CL or ML, only. Soils with split designations when one of the designations is not GC, GM, SC, SM, CL or ML may not be used. Soils must contain a minimum of 20% of No. 200 sieve materials or larger. Results of testing of materials shall be provided to the Department upon request.
(7) Particles greater than 6 inches in any dimension may not be used for embankment construction.
(8) Soil used in embankment construction must be compacted. Soil compaction shall be conducted in accordance with the following:
(i) Compaction shall be conducted with a sheepsfoot or pad roller.
(ii) The maximum loose lift thickness must be 9 inches.
(iii) Soil shall be compacted until visible nonmovement of the embankment material.
(9) Exposed embankment slopes shall be permanently stabilized using one or a combination of the following methods:
(i) Exposed embankments shall be limed, fertilized, seeded and mulched, and permanent vegetative ground covering in compliance with § 102.22 (relating to site stabilization) shall be established upon completion of construction of the impoundment.
(ii) Compacted rockfill or riprap placed on the downstream face of the embankment as a cover having a minimum depth of 2 feet. The rockfill must be durable, evenly distributed and underlain by a Class 2, Type A geotextile.
§ 78.59b. Freshwater impoundments.
(a) In addition to meeting the requirements of § 78.59a (relating to impoundment embankments), freshwater impoundments must be in compliance with this section.
(b) A well operator that constructed a freshwater impoundment shall register the location of the freshwater impoundment by ______ , (Editor's Note: The blank refers to 60 days after the effective date of adoption of this proposed rulemaking.) by providing the Department, in writing, with the GPS coordinates, township and county where the freshwater impoundment is located. A well operator shall register the location of a new freshwater impoundment prior to construction. Registration of the freshwater impoundment may be transferred to another operator. Registration transfers shall utilize forms provided by the Department.
(c) Freshwater impoundments shall be constructed with a synthetic impervious liner.
(d) Unless an individual is continuously present at a freshwater impoundment, a fence must completely surround the freshwater impoundment to prevent unauthorized acts of third parties and damage caused by wildlife.
(e) The bottom of the impoundment must be at least 20 inches above the seasonal high groundwater table. The applicant may maintain the required separation distance of 20 inches by artificial means such as an under-drain system throughout the lifetime of the impoundment. In no case shall the regional groundwater table be affected. The operator shall document the depth of the seasonal high groundwater table, the manner in which the depth of the seasonal high groundwater table was ascertained, the distance between the bottom of the impoundment and the seasonal high groundwater table, and the depth of the regional groundwater table if the separation between the impoundment bottom and seasonal high groundwater table is maintained by artificial means. The operator shall submit records demonstrating compliance with this subsection to the Department upon request.
(f) Freshwater impoundments shall be restored by the operator so that the impoundment is registered to by removing excess water and the synthetic liner and returning the site to approximate original conditions, including preconstruction contours, and can support the land uses that existed prior to oil and gas activities to the extent practicable within 9 months of completion of drilling the last well serviced by the impoundment. A 2-year restoration extension may be requested under section 3216(g) of the act (relating to well site restoration). If written consent is obtained from the landowner, the requirement to return the site to approximate original contours may be waived by the Department if the liner is removed from the impoundment.
(g) Prior to storing mine influenced water in a freshwater impoundment, the operator shall develop a mine influenced water storage plan and submit it to the Department for approval.
(1) The mine influenced water storage plan shall be submitted on forms provided by the Department and include the following:
(i) A demonstration that the escape of the mine influenced water stored in the freshwater impoundment will not result in air, water or land pollution, or endanger persons or property.
(ii) A procedure and schedule to test the mine influenced water. This testing shall be conducted at the source prior to storage in the impoundment.
(iii) A records retention schedule for the mine influenced water test results.
(2) An operator with an approved mine influenced water storage plan shall maintain records of all mine influenced water testing prior to storage. These records shall be made available to the Department upon request.
(h) The Department may require the operator to test water sources proposed to be stored in a freshwater impoundment prior to storage.
§ 78.59c. Centralized impoundments.
(a) A well operator proposing to build a centralized impoundment that is also classified as hazard potential category 4 and size category C under § 105.91 (relating to classification of dams and reservoirs) shall obtain a permit on forms provided by the Department prior to construction of the impoundment and comply with this section. An operator proposing to build a centralized impoundment that is also classified as hazard potential category 1, 2 or 3 or size category A or B under § 105.91 shall obtain a permit from the Department prior to construction of the impoundment and comply with Chapter 105 (relating to dam safety and waterway management).
(b) The embankment of the centralized impoundment shall meet the requirements of § 78.59a (relating to impoundment embankments).
(c) Centralized impoundments may not be constructed in any portion of the following areas:
(1) In a floodplain of waters of the Commonwealth as defined in section 3215(f)(5) of the act (relating to well location restrictions).
(2) In or within 100 feet measured horizontally of a wetland greater than 1 acre in size.
(3) In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet thick and present at the uppermost geologic unit. These areas include areas mapped by the Pennsylvania Geological Survey as underlain by the formations, unless competent geologic studies demonstrate the absence of limestone and carbonate formations.
(4) Within 500 feet measured horizontally from an occupied dwelling without the written consent of the owner of the building.
(5) Within 100 feet measured horizontally from any solid blue line stream, spring or body of water, except wetlands, identified on the most current 7.5 minute topographic quadrangle map of the United States Geological Survey.
(6) Within 500 feet measured horizontally of a private water supply without the written consent of the owner of the water supply.
(7) Within 1,000 feet measured horizontally of an existing water well, surface water intake, reservoir or other water supply extraction point used by a water purveyor without the written consent of the water purveyor.
(d) The bottom of the impoundment must be at least 20 inches above the seasonal high groundwater table. The applicant may request approval from the Department to use an alternative that maintains the required separation distance of 20 inches by artificial means such as an under-drain system throughout the lifetime of the impoundment, by submitting a request to the Department for approval. In no case shall the regional groundwater table be affected.
(e) Centralized impoundments shall be constructed with a liner system composed of the following components:
(1) A sub-base that:
(i) Bears the weight of the liner system, impounded fluid and equipment operating on the impoundment without causing or allowing a failure of the liner system.
(ii) Accommodates potential settlement without damage to the liner system.
(iii) Is compatible with the impounded fluid.
(iv) Covers the bottom and sidewalls of the impoundment.
(v) Is covered with nonwoven geotextile fabric to cushion the secondary liner and allow for adequate venting between the secondary liner and sub-base to prevent entrapment of gases beneath the liner system.
(vi) Is constructed of a natural clay material and include an upper 6 inches that is:
(A) Free of coarse rock fragments greater than 0.75 inch in diameter.
(B) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(C) No more permeable than 1.0 x 10-6 cm/sec. based on laboratory and field testing. Soil compaction and permeability testing shall be conducted on the bottom and sides at a minimum rate of once per 2,500 square feet.
(D) Compacted to a density of at least 95% standard proctor.
(2) A secondary liner that:
(i) Prevents the migration of fluid from the impoundment.
(ii) Is designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the impounded fluid, and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility must satisfy ASTM Method D5747, Compatibility Test for Wastes and Membrane Liners.
(iii) Covers the bottom and sidewalls of the impoundment.
(iv) Is composed of a synthetic material with a coefficient of permeability not greater than 1.0 x 10-10 cm/sec. based on laboratory testing.
(v) Has a minimum thickness of 40 mil unless a greater thickness is recommended by the manufacturer's specifications.
(vi) Is installed according to manufacturer's specifications under the supervision of an authorized representative of the manufacturer. A Department-approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.
(vii) Is inspected for uniformity, damage and imperfections during construction and installation.
(viii) Uses of a composite secondary liner may not be substituted for a separate primary liner.
(3) A leak detection system that meets the following:
(i) Rapidly detects and collect liquid entering the leak detection zone, and rapidly transmits the liquid to a sump.
(ii) Withstands chemical attack from the water or wastewater being impounded.
(iii) Withstands anticipated loads, stresses and disturbances from impounded liquid.
(iv) Functions without clogging.
(v) Does not affect the primary or secondary liner by puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(vi) Covers the bottom and sidewalls of the impoundment.
(vii) Creates a flow zone between the secondary liner and the primary liner equal to, or more permeable than 1.0 x 10-2 cm/sec. based on laboratory testing and, when required under the Department, field testing.
(viii) Contains a perforated piping system capable of detecting and intercepting liquid within the leak detection zone and conveying the liquid to a collection sump.
(A) The collection sump must be equipped with a sump pump with a switch to automatically activate the pump if a leak occurs.
(B) Discharge from the sump pump must be directed back into the impoundment or other suitable containment. The sump may not have an outlet other than the sump pump discharge.
(C) The pump and sump must be of sufficient size and capacity to convey any leak that may occur back into the impoundment without a discharge.
(ix) A piping system that meets the following requirements:
(A) The slope, size and spacing of the piping system must ensure that liquids drain from the leak detection zone.
(B) The pipes shall be installed as close to perpendicular to the flow as practicable and must have a minimum post-settlement grade of at least 2%.
(C) The minimum diameter of the perforated pipe must be 4 inches with a wall thickness of Schedule-80 or greater as specified by ASTM, or equivalent.
(D) The pipes shall be cleaned and maintained as necessary to ensure the effectiveness of the system.
(x) A minimum bottom slope of 2%.
(xi) Designed to allow the operator to monitor and record leakage rates.
(xii) Not contain carbonate stones or aggregate with sharp edges.
(xiii) The operator shall monitor the leak detection zone weekly to determine whether liquid is flowing from the zone. These records shall be made available to the Department upon request.
(4) A primary liner that meets the following:
(i) The effectiveness of the primary liner may not be adversely affected by the physical or chemical characteristics of the impounded fluids from the impoundment.
(ii) Designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the impounded fluid and be resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility must satisfy ASTM Method D5747, Compatibility Test for Wastes and Membrane Liners, or other compatibility tests approved by the Department.
(iii) Cover the bottom and sidewalls of the impoundment.
(iv) Composed of a synthetic material with a coefficient of permeability not greater than 1.0 x 10-10 cm/sec. based on laboratory testing.
(v) A minimum thickness of 40 mil unless a greater thickness is required under manufacturer recommendations.
(vi) Installed according to manufacturer's specifications under the supervision of an authorized representative of the manufacturer. A Department-approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.
(vii) Inspected for uniformity, damage and imperfections during construction and installation.
(viii) Use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner.
(ix) Allowable leakage rates through the primary liner shall be determined based upon the maximum depth of the impounded fluid as specified in Table 1. The area shall be calculated as the area of the liner in contact with the impounded fluid. Weekly leakage rates shall be documented and provided to the Department upon request. These records shall be made available to the Department upon request.
Table 1
Fluid Height
(ft)Allowable Leakage Rate
(gallons/acre/day)h<=10 340 10<h<=15 420 15<h<=20 490 20<h<=25 550 25<h<=30 610 h>30 case by case (x) In the event that the flow rate of leakage through the primary liner, as collected in the leak detection sump, exceeds the value in Table 1 for a given fluid depth, the operator shall notify the Department within 24 hours, drain the impoundment to the extent necessary to repair the impoundment and shall repair the impoundment. The notice be made electronically to the Department through its web site.
(f) An operator that intends to construct a centralized impoundment shall initially complete a baseline hydrogeologic investigation to document background conditions under this subsection.
(1) The investigation shall determine the groundwater flow beneath the site and adjacent area, based on an initial round of water quality testing, a groundwater elevation study and a review of reasonably available secondary source information. The results of the initial round of water quality testing shall be submitted with the permit application.
(2) A second round of testing, including water quality testing and water level measurements, shall also be completed. The second round of testing shall be conducted between 90 and 120 calendar days from the initial round of testing. The results of the second round of water quality testing may be submitted after the permit application is submitted. The Department will not make a decision on the permit application until the operator submits the results of the second round of water quality testing.
(3) The water quality testing required under this subsection must include the constituents in subsection (i)(6).
(4) If during the groundwater elevation study, soil mottling is apparent within the intended confines of the impoundment or within 20 inches of its base, or if the seasonal high water table will be adjusted using engineering controls to accommodate the impoundment, the requirements of §§ 289.121—289.123 (relating to description of geology, soils and hydrology; general requirements; geology and groundwater description; and groundwater quality description) shall be followed and the groundwater monitoring period will be extended to four quarterly tests.
(5) Only passive drainage systems that lower the seasonal high water table and do not alter the supply of receiving water bodies or downgradient groundwater users may be utilized to adjust the seasonal high groundwater table.
(g) An operator that operates a centralized impoundment shall install, operate and maintain a water quality monitoring system that can detect the entry of regulated substances into the groundwater or surface water. The water quality monitoring system must accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system must include the following:
(1) A minimum of one monitoring well at a point hydraulically upgradient from the impoundment area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the impoundment, except when the impoundment occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the impoundment in the event of a liner system failure.
(2) A minimum of three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area around a centralized impoundment. In addition to the downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the impoundment, if the springs are developed and protected in a manner approved by the Department and if the springs otherwise meet the requirements of this subchapter.
(h) The upgradient and downgradient monitoring wells must be:
(1) Sufficient in number, location and depth to accurately characterize water quality.
(2) Located so that they do not interfere with routine operations.
(3) Located within 200 feet of the permitted centralized impoundment and at least 100 feet closer to the centralized impoundment than the nearest private drinking water well, except as necessary to comply with paragraph (4).
(4) Upgradient monitoring wells must be located so that they will not be affected by adverse effects on groundwater from the impoundment.
(5) Downgradient monitoring wells must be located so that they provide early detection of adverse effects on groundwater from the impoundment.
(6) Decontaminated prior to installation.
(i) Monitoring wells and casing of monitoring wells shall be constructed as follows:
(1) The casing must maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.
(2) The minimum casing diameter must be 4 inches unless otherwise approved by the Department in writing.
(3) The well shall be constructed with a screen that meets the following requirements:
(i) The screen shall be factory-made.
(ii) The screen may not react with the groundwater being monitored.
(iii) The screen must maximize open area to minimize entrance velocities and allow rapid sample recovery.
(iv) The well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material must be well rounded and dimensionally stable.
(v) The casing must be clearly visible and protrude at least 1 foot above the ground, unless the Department has approved flush mount wells.
(vi) The annular space above the sampling depth must be sealed to prevent contamination of samples and the groundwater.
(vii) The casing shall be designed and constructed in a manner that prevents cross contamination between surface water and groundwater.
(viii) Alternative casing designs for wells in stable formations may be approved by the Department.
(4) Monitoring well casings shall be enclosed in a protective casing that:
(i) Is of sufficient strength to protect the well from damage by heavy equipment and reasonably protected from the unauthorized acts of third parties.
(ii) Is installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum above grade surface of 3 feet, unless otherwise approved by the Department in writing.
(iii) Is cemented and placed with a concrete collar at least 3 feet deep to hold it firmly in position.
(iv) Is numbered for identification with a label capable of withstanding field conditions and painted in a clearly visible color.
(v) Protrudes above the monitoring well casing.
(vi) Has a lockable cap.
(vii) Is made of steel or another material of equivalent strength.
(5) Analyses of data collected shall be submitted to the Department within 60 calendar days of sampling or 15 calendar days after completion of analyses, whichever is sooner, unless the Department approves another time period.
(6) Water samples shall be collected from monitoring wells on a minimum frequency of once per calendar quarter and at a minimum, analyzed for the following parameters:
(i) Total dissolved solids.
(ii) Total chloride.
(iii) Total sulfates.
(iv) pH.
(v) Specific conductance.
(vi) Total iron.
(vi) Other parameters specified by the Department.
(j) Plans, specifications and reports for site characterization and groundwater testing systems required under this section shall be prepared and sealed by a registered professional geologist.
(k) The design engineer shall provide oversight for all aspects of impoundment construction to ensure that construction is completed in accordance with the design and quality assurance and quality control plan.
(l) Plans, specifications and reports for centralized impoundments required under this section must reasonably ensure mechanical integrity of the structure and function, be prepared by a registered professional engineer and be affixed with the engineer's seal and a certification which reads as follows:
I (name) do hereby state to the best of my knowledge, information and belief that the information contained in the plans, specifications and reports have been prepared in accordance with accepted environmental practices and the design and construction standards for centralized impoundment dams and Chapters 105 and 78 of the Rules and Regulations of the Department of Environmental Protection and are true and correct.(m) Upon completion of construction of the impoundment, a facility completion and final certification report shall be submitted to the Department. The report must be completed and sealed by the licensed Pennsylvania professional engineer who provided oversight for construction and must contain the following items, at a minimum:
(1) A statement that the engineer provided oversight for all aspects of construction.
(2) Soils classification testing results for the embankments.
(3) Soil compaction testing results for the sub-base, and for the clay portion of the secondary liner if a natural or remolded clay liner is used.
(4) As-built drawings noting any deviation from the original plans approved by the Department.
(5) Quarry tickets for drain material.
(6) Quality assurance and quality control test results.
(7) Color photographs of the following, at a minimum:
(i) The cleared and grubbed foundation.
(ii) Leak detection system installation.
(iii) Placement and compaction of fill.
(iv) The completed embankments.
(v) The completed sub-base.
(vi) The completed secondary liner
(8) The impoundment may not be used until the facility completion and final certification report is received and approved by the Department. The Department will make a determination on the facility completion and final notification report within 30 business days.
(n) Centralized impoundments shall be restored according to the following requirements:
(1) Within 9 months of completion of drilling the last well serviced by the impoundment or the expiration of the last well permit that the impoundment was intended to service. The impoundment shall be restored by removing any impermeable membrane, concrete and earthen liner so that water movement to subsoils is achieved. A 2-year restoration extension may be requested under section 3216(g) of the act (relating to well site restoration).
(2) The site shall be restored to approximate original conditions including preconstruction contours.
(3) The site shall support the land uses that existed prior to oil and gas activities to the extent practicable.
(4) Excavated impoundments shall be backfilled above finished grade to allow for settlement and so the impoundment will no longer impound water.
(o) The owner or operator may request approval from the Department to deviate from the requirements in this section in the permit application. The request must demonstrate that the alternate practice provides equivalent or superior protection to the requirements of this section.
§ 78.60. Discharge requirements.
(a) The owner and operator may not cause or allow a discharge of a substance, fill or dredged material to the waters of this Commonwealth unless the discharge complies with this subchapter and Chapters 91—93, 95 [and], 102 and 105, The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27) and the act.
(b) The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:
* * * * * (7) The area of land application is not within 200 feet of a water supply or within 100 feet of a [stream,] watercourse or body of water [or a wetland] unless approved as part of a waiver granted by the Department under section [205(b) of the act (58 P. S. § 601.205(b))] 3215(b) of the act (relating to well location restrictions).
(8) If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.
(c) Compliance with subsection (b) shall be documented by the operator and made available to the Department upon request while conducting activities under subsection (b) and submitted under § 78.65(f)(1) (relating to site restoration).
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