On March 9, 2015, the Pennsylvania Department of Environmental Protection (“DEP”) announced the latest draft revisions of the Environmental Protection Performance Standards at Oil and Gas Well Sites in an effort to continue balancing the benefits of drilling with some of the potential risks that drilling poses to citizens of the Commonwealth. Indeed, the acting DEP Secretary, John Quigly, commented “[t]hese proposed revisions focus on the need to protect public safety and the environment while enabling drilling proceed.”((Amanda Witman, Pennsylvania DEP Releases Revised Rulemaking Proposal for Environmental Protection Performance Standards in Oil and Gas Well Sites, PR Newswire, March 9, 2015, http://www.prnewswire.com/news-releases/pennsylvania-dep-releases-revised-rulemaking-proposal-for-environmental-protection-performance-standards-at-oil-and-gas-well-sites-300047565.html.))
The revisions center on five specific goals, and propose to: 1, improve protection of water resources; 2, add public resources considerations; 3, protect public safety; 4, address landowner concerns; and 5, enhance transparency and improve data management. These areas of focus reflect the comments received by the DEP, as over 24,000 comments on the regulation were submitted to the agency by concerned citizens.((Id.))
Specifically, the revisions would require pad operators to demonstrate that bodies of water, including streams and wetlands, would be protected if the edge of the well pad is within 100 feet of the body of water. Pad operators would also be required to take into further consideration the impact that operation would have on public resources like schools and playgrounds. Furthermore, operators would be required to update their wastewater impoundments, and to modernize their noise control standards. Lastly, operators would be responsible for restoring any contaminated water.((Id.))
Although the proposed regulations are based on comments submitted by many citizens, not everyone is happy with the potential changes being made in the oil and gas industry. Dave Spigelmyer, the president of the Marcellus Shale Coalition, commented that some of the elements in the proposed regulations “appear to be duplicative and unnecessarily costly solutions in search of problems that threaten jobs. We nonetheless remain laser-focused on common sense regulations and operational best practices that ensure that we can grow our economy, create good jobs and expand access to clean-burning natural gas, all while enhancing our environment.”((David Conti, Pa. Environmental Regulators Outline New Draft of Gas Drilling Rules, Trib Live, March 9, 2015, http://triblive.com/business/headlines/7932596-74/gas-department-draft#axzz3U181MjhO.))
One of the biggest issues faced by operators in Pennsylvania the past few years has been the impoundment of the wastewater that is inherently produced during the drilling process. Six different companies operate and control 17 of the large ponds that contain the wastewater throughout the state. The DEP is currently considering permits for 13 more ponds. Pennsylvania’s most active driller, Range Resources, agreed to enhance its impoundment ponds with both liners and leak detection equipment comparable to that utilized by the landfill industry. Range Resources and EQT Corporation were issued $4 million in fines just last year for failing to protect against leaky pools. John Walliser, the Vice President of the Pennsylvania Environmental Council, noted in a statement that “[t]ougher siting and containment controls for centralized wastewater storage makes sense. It’s a strong standard, but one that can and should be made.”((Id.))
These new regulations address serious issues that divide many throughout the Commonwealth, but hopefully their imposition will assist in fostering an understanding between both sides of the debate.