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PA Bulletin, Doc. No. 21-1475



Availability of Technical Guidance

[51 Pa.B. 5757]
[Saturday, September 4, 2021]

 Technical guidance documents (TGD) are available on the Department of Environmental Protection's (Department) web site at The ''Technical Guidance Final Documents'' heading is the link to a menu of the various Department bureaus where each bureau's final TGDs are posted. The ''Technical Guidance Draft Documents'' heading is the link to the Department's draft TGDs.

Ordering Paper Copies of Department Technical Guidance

 The Department encourages the use of the Internet to view and download TGDs. When this option is not available, persons can order a paper copy of any of the Department's draft or final TGDs by contacting the Department at (717) 783-8727.

 In addition, bound copies of some of the Department's documents are available as Department publications. Check with the appropriate bureau for more information about the availability of a particular document as a publication.

Changes to TGDs

 Following is the current list of recent changes. Persons who have questions or comments about a particular document should contact the person whose name and phone number are listed with each document.

Draft TGD: New Guidance

DEP ID: 310-2100-002. Title: Chapter 105 Alternatives Analysis Technical Guidance Document. Description: This TGD provides guidance on the preparation of a Chapter 105 alternatives analysis. This TGD consolidates existing guidance and expands upon that guidance as follows:

 • Clarifies the appropriate level of analysis required for evaluating alternatives for projects requiring an Individual Water Obstruction and Encroachment Permit under 25 Pa. Code Chapter 105 (relating to dam safety and waterway management).

 • Provides guidelines for determining if an alternative should be considered practicable.

 • Establishes a common, complete and consistent level of understanding of the information needed by the Department to adequately review alternatives analyses for Water Obstruction and Encroachment Permit applications proposing impacts to aquatic resources.

Written Comments: Interested persons may submit written comments on this draft TGD through Monday, October 4, 2021. Comments, including comments submitted by e-mail must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at or by e-mail to Written comments can be mailed to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

Contact: Questions regarding this TGD can be directed to Andy Klinger at or (717) 772-5975.

Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Final TGD

DEP ID: 800-0810-001. Title: Guidelines for Implementing Area of Review Regulatory Requirement for Unconventional Wells. Description: This final TGD 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), the 2012 Oil and Gas Act (58 Pa.C.S. §§ 2301—3504), 25 Pa. Code Chapter 78a (relating to unconventional wells) and other applicable laws. The Department developed this final guidance to facilitate appropriate risk mitigation for unconventional well operators. The final TGD includes a risk-based classification scheme for offset well locations and commensurate levels of monitoring; communication incident management, reporting and resolution; and operational alternatives and technical considerations for different anticipated incident scenarios. This final guidance also provides an overview of the Department's well adoption permitting process.

 The Department published the interim final guidance document in the Pennsylvania Bulletin at 46 Pa.B. 6392 (October 8, 2016). Based on the approximately 55 comments from 10 commenters received during the 60-day comment period, the Department made several editorial and substantive changes to the guidelines. These changes included clarifying the ability for operators to survey an area that extends beyond the prescriptive area of review regulatory language, removing language assigning responsibility for recently plugged offset wells to the operator who had completed the plugging, relocating language pertaining to briefing the hydraulic fracturing operations team about adjacent operator coordination, updating incident reporting language and modifying operator coordination with Department field inspection staff ahead of hydraulic fracturing.

Contact: Questions regarding this TGD can be directed to Seth Pelepko at or (717) 772-2199.

Effective Date: September 4, 2021


[Pa.B. Doc. No. 21-1475. Filed for public inspection September 3, 2021, 9:00 a.m.]

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