Source: http://www.lexology.com, September 5, 2013
By: Scott J. Bent, Baker & Hostetler LLP
Oil and gas drillers in Pennsylvania’s Marcellus Shale formation may soon find themselves subject to more stringent environmental protection standards under regulations proposed by the Pennsylvania Department of Environmental Protection (“the Department”). The Department announced on August 27, 2013 that the proposed regulations were approved by the state’s Environmental Quality Board. The proposal now moves to the Pennsylvania Attorney General’s Office and the Office of General Counsel, followed by a public comment period.
The proposed regulations address four general issues: 1) protection of public lands and resources; 2) orphan and abandoned well identification; 3) pollution containment practices; and 4) protection of water resources.
Protection of Public Resources
Under the proposed regulations, applicants for well permits must notify the appropriate public resource agency (such as the Department of Conservation and Natural Resources or the Pennsylvania Game Commission) if a well site is within a certain distance of public lands or resources. For example, notice is required if a site is within 200 feet of a national natural landmark or within 1,000 feet of a water well, surface water intake, reservoir, or other water source used by a water purveyor.
The resource agency has an opportunity to provide comments and recommendations to the Department and the well operator. The Department makes the final determination on the permit application, and it may add conditions to the well permit to mitigate potential impact to public resources.…