PADEP Extends Public Comment Deadline for Draft Air Permits, Revised Exemption List

On February 23, 2017, the Pennsylvania Department of Environmental Protection (PADEP) announced an extension of the public comment period regarding recently proposed draft general air permits for the oil and natural gas industry.  Comments are now due(…)

Court Declares Pennsylvania DEP’s Calculation of Continuing Penalties for “Seemingly Endless” Violations Unlawful under the Clean Streams Law

On January 11, 2017, the Pennsylvania Commonwealth Court held Section 301 of the Clean Streams Law “is a provision that prohibits acts or omissions resulting in the initial active discharge or entry of industrial waste into waters of the Commonwealth(…)

PADEP Releases Final Pipeline Infrastructure Task Force Report

On February 18, 2016, Pennsylvania Department of Environmental Protection (PADEP) Secretary John Quigley held a press conference to announce the release of the final Governor’s Pipeline Infrastructure Task Force (PITF) Report.  Secretary Quigley state(…)

Pennsylvania DEP Releases Latest Revisions Of Oil And Gas Rulemaking

The Pennsylvania Department of Environmental Protection (DEP) recently announced the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking (Chapters 78 and 78a).  Following the most recent r(…)

Three Oil and Gas Bills Pass Pennsylvania Senate Panel

A Pennsylvania senate committee recently unanimously approved two bills regarding oil and gas royalty calculations.  StateImpact Pennsylvania reported that Senate Bills 147 and 148 were approved by the Senate Environmental Resources and Energy Committ(…)

PADEP Finalizes Changes to GP-5 Air Permit

The Pennsylvania Department of Environmental Protection (DEP) has finalized revisions to the General Plan Approval and/or General Operating Permit (BAQ-GPA/GP-5 or General Permit) for Natural Gas Compression and/or Processing Facilities (known as “GP-(…)

Pennsylvania TENORM Report Concludes "Little Potential for Harm"

The Pennsylvania Department of Environmental Protection (DEP) has announced the results of its highly anticipated study on potential exposure to Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) associated with oil and gas de(…)

PA Governor-Elect Wolf Nominates for PADEP and DCNR Cabinet Posts

The Pittsburgh Post-Gazette reports that Pennsylvania Governor-Elect Tom Wolf has announced the nominations of individuals to head some of the state agencies.  He announced the nomination of John Quigley, who served as the Secretary of the Department(…)

FERC Approves Interstate Pipeline from Pennsylvania to New York and New England

StateImpact, a reporting collaboration supported by NPR, that the Federal Energy Regulatory Commission has approved a proposed interstate pipeline that would transport Marcellus Shale natural gas from Pennsylvania to New York and New England markets. (…)

PADEP Releases 2012 Emissions Data

This week the Pennsylvania Department of Environmental Protection (PADEP) announced the availability of emissions data from oil and gas operations in the Commonwealth.  According to the PADEP press release, the data represents “2012 emissions levels f(…)

PA DEP Introduces New Mapping Tool

The PA Environmental Digest reported that the Pennsylvania Department of Environmental Protection introduced a new online Oil and Gas Mapping Tool.  The new mapping tool displays the location of wells across Pennsylvania.  It  allows users to search f(…)

Pennsylvania Environmental Hearing Board Dismisses Request To Establish Well Spacing And Drilling Units

On August 26, 2013, Hilcorp Energy Company (Hilcorp) filed a complaint and application requesting that the Pennsylvania Environmental Hearing Board (PAEHB) issue an order to establish well spacing and drilling units pursuant to the Oil and Gas Conserv(…)

STRONGER Issues Final Report Regarding its Follow-up Review Of Pennsylvania Oil And Gas Regulatory Program

As we reported back in May of this year, a review team assembled by the State Review of Oil & Natural Gas Environmental Regulations (“STRONGER”) completed an in-state review of Pennsylvania’s Oil and Gas Regulatory Program.  STRONGER’s review team(…)

Governor Corbett Seeks To Elevate Two Acting Secretaries To Permanent Posts

On September 20th, Governor Corbett announced that he nominated Ellen Ferretti of Luzerne County as Secretary of the Department of Conservation and Natural Resources (DCNR) and E. Christopher Abruzzo of Dauphin County as Secretary of the Department of(…)

Pennsylvania Department of Environmental Protection’s Final Spill Policy Published

The Pennsylvania Department of Environmental Protection will publish its final technical guidance document “Addressing Spills and Releases at Oil & Gas Well Sites or Access Roads” in the September 21, 2013 Pennsylvania Bulletin.  The proposed Spil(…)

Pennsylvania EQB Approves PADEP's Proposed Oil And Gas Regulations

As previously reported on the Babst Calland Shale Energy Law Blog, the Pennsylvania Environmental Quality Board considered and approved the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed regulations regarding Subchapter C to(…)

PADEP Extends Comment Period for Proposed Public Participation Policy

The Pennsylvania Department of Environmental Protection announced on Monday that the public comment period for proposed policy changes would be extended from July 22nd to August 27th because of a printing error in the Pennsylvania Bulletin that provid(…)

Subcommittees Convened to Discuss Specific Matters Related to Draft Proposed Pennsylvania Oil and Gas Regulations

In tomorrow’s Pennsylvania Bulletin, the Pennsylvania Department of Environmental Protection (PADEP) will issue a notice regarding the establishment of subcommittees by the Oil and Gas Technical Advisory Board (OGTAB) to discuss specific provisions at(…)

STRONGER Completes Follow-up Review Of Pennsylvania Oil And Gas Regulatory Program

Over this past week (May 28th through 31st), a review team assembled by the State Review of Oil & Natural Gas Environmental Regulations (“STRONGER”) has conducted an in-state review of Pennsylvania’s Oil and Gas Regulatory Program.  The six person(…)

United States EPA Approves Pennsylvania Department of Environmental Protection's 2012 Integrated Water Quality Monitoring And Assessment Report

On May 9, 2013, the U.S. EPA approved the PADEP’s 2012 Integrated Water Quality Monitoring and Assessment Report, a biennial “monitoring and assessment report characterizing the condition of Pennsylvania’s surface waters.”  Included in this report is(…)

PADEP Releases More Information About Radiation Study

On April 3, 2013, the PADEP issued a press release informing the public that it had released additional information and details regarding its ongoing comprehensive radiation study of oil and gas development in Pennsylvania, which was originally announ(…)

Secretary Krancer to Resign from PADEP

Pennsylvania Governor Tom Corbett announced today that Pennsylvania DEP Secretary Michael Krancer will resign from the DEP effective April 15. Mr. Krancer will return to private law practice at his former law firm, Blank Rome, LLP. No successor has be(…)

Update regarding Senate Bill 411 (Mine Water Use Bill)

As we previously reported in a mid-February post, a bill has been proposed “that would limit the treatment liability of entities that choose to utilize acid mine water (AMD) for hydraulic fracturing of oil/gas wells, or other industrial uses.” Senate(…)

PADEP Releases 2011 Air Emissions Data

On February 12, 2013, the Pennsylvania Department of Environmental Protection released its 2011 emissions data from the unconventional drilling industry, which accounts for emissions from natural gas production and processing facilities from “57 opera(…)

Court Grants Preliminary Injunction to Pipeline Company, Precludes EHB Review of Permits

A federal judge has granted a preliminary injunction in favor of Tennessee Gas Pipeline, LLC, precluding two environmental groups from bringing a permit challenge before the Pennsylvania Environmental Hearing Board, the Scranton Times-Tribune reports.(…)

PADEP Publishes Final GP-5, Proposes Revisions to “Plant Approval and Operating Permit Exemptions”

The Pennsylvania Department of Environmental Protection on Saturday issued notices in the Pennsylvania Bulletin announcing (1) that the DEP has finalized revisions to its GP-5, a general permit that pertains to emission limits at natural gas-fired eng(…)

PA State Senator to Introduce Public Notification and Access to Information Act for Gas Pipeline Projects

As indicated in this article from January 29th, Andy Dinniman, state senator for Pennsylvania’s 19th Senatorial District, planned to introduce the Public Notification and Access to Information Act this week.  Reportedly, the Act would require the post(…)

PADEP Withdraws General Permit Regarding Beneficial Use of Brine

On January 25, 2013, the Pennsylvania Department of Environmental Protection issued a notice in the Pennsylvania Bulletin acknowledging that its general permit number WMGR128 had been rescinded on January 8, 2013.  As first issued to Integrated Water(…)

PA DEP Announces Study of Naturally Occurring Radioactivity in Gas Drilling By-Products

The Pennsylvania Department of Environmental Protection announced yesterday that it will undertake a study concerning naturally occurring levels of radioactivity in oil and gas drilling by-products.  The study, which is expected to take 12 to 14 month(…)

PA DEP Disputes that It Undercounted Wells for Impact Fees

Pennsylvania Department of Environmental Protection Secretary Michael Krancer took issue with a recent claim that the state undercounted unconventional wells for impact-fee purposes in a letter to the author of the study, the Post-Gazette reports.  In(…)

Allegheny County Considering Proposal to Track Gas Well Air Emissions

The Pittsburgh Tribune-Review reports that Allegheny County Health Department Air Quality Program subcommittee may conduct a preliminary vote today on whether to require developers to notify them at certain stages of drilling to allow the county to co(…)

New PA Auditor General to Conduct Performance Audit of DEP

After taking his oath as the 51st Auditor General of Pennsylvania on January 15, 2013, Eugene DePasquale announced that one of his “first official duties as auditor general will be to initiate a performance audit of the Pennsylvania Department of Envi(…)

Pennsylvania DEP Releases Final White Paper on Use of AMD in Oil and Gas Operations

On January 9, 2012, the Pennsylvania Department of Environmental Protection released a final White Paper regarding the use of “mine-influenced water” in oil and natural gas operations.  According to the White Paper, mine-influenced water “may include(…)

PADEP Publishes Guidance on Erosion and Sediment Control, Emission and Source Reporting

The Pennsylvania Department of Environmental Protection recently published three important notices in the Pennsylvania Bulletin affecting the oil and gas industry.  They are: The final Erosion and Sediment Control General Permit-2 (ESCGP-2) for Earth(…)