2018 Regulatory Updates Division of Well Development and

Surface Activities

SWEP Capital Chapter’s Annual Regulatory Update SeminarHarrisburg, PA

November 1, 2018

Outline

Timeline

Transition Plan

ESCGP-3

Division of Duties

NOI, NOI Instructions and NOI Administrative Checklist

New and Revised Office of Oil and Gas Management Forms

ePermitting

ESCGP-3

• 102.5(c) A person proposing oil and gas activities that involve 5 acres or more of earth disturbance over the life of the project shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

ESCGP-3

Regulatory Authority

• ESCGP-3 Development• Early 2017• ePermitting – Summer 2017• Administrative extension of ESCGP-2 to Dec 29, 2018• Workgroups

• Document Workgroup• Beta Testing of ePermit application• Prioritized Review

• PA Bulletin • July 14, 2018 – 30 day Public Comment Period• October 6, 2018 – Notice of Availability of ESCGP-3

ESCGP-3

Timeline

• Based on ESCGP-2

• No significant regulatory changes

• Electronic permit

• Expedited review eligibility and process

• Changes to NOI Form and Instructions

ESCGP-3

Background

ESCGP-2 to ESCGP-3Transition Plan

October 2018 December 2018

ESCGP-3 PA Bulletin lletin

Last day for new ESCGP-2 NOIs

ESCGP-2 finalize deficienciesetin

ESCGP-2 Expires

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ESCGP-2 transition to ESCGP-3

ePermit goes live

ESCGP-3General Permit and

Authorization of Coverage

ESCGP-3

GENERAL PERMIT

Comments Received• 19 commentators• 76 comments on the General Permit

• Enhancements to expedited review• Extension of ESCGP-2• Support and opposition to electronic permitting• Act 14 Notifications • Phased projects• Site specific PPC Plans• PHMC Notification prior to NOI submission• Resource Delineation responsibility

ESCGP-3

GENERAL PERMITChanges from ESCGP-2 to ESCGP-3

• Expedited review process

• Electronic Permitting initiative

• Resource delineation responsibility

• Housekeeping/language edits

• Training requirement added (new section 8)

• PHMC (new section 9)

ESCGP-3

GENERAL PERMITChanges from ESCGP-2 to ESCGP-3 (Contd..)

• PNDI T&E Species (new section 10) • Habitat Conservation Plan

• Long term operation and maintenance of PCSM BMPs for projects that do not require a well permit (new section 23)

• Long term operation and maintenance of PCSM BMPs for well site construction requiring a well permit (new section 24)

ESCGP-3

GENERAL PERMIT – New Section8. TRAININGa. Permittee must provide training on the requirements of the permit to

personnel responsible for;- installation maintenance and/or repair of E&S and PCSM BMPs- application and storage of treatment chemicals- conducting inspections- taking corrective actions

b. Permittee is not required provide or document training for subcontractors, but they are responsible for ensuring that contractors and subcontractors are aware of the permit and its conditions.

ESCGP-3

GENERAL PERMIT – New Section

8. TRAININGc. The permittee must provide training to personnel if related to thescope of their job duties (e.g., only personnel responsible for conducting inspections need to understand how to conduct inspections)

(1) The permit deadlines associated with installation, maintenance, and removal of stormwater controls and with stabilization;(2) The location of all stormwater controls on the site required by this permit and how they are to be maintained;(3) The proper procedures to follow with implementation of the PPC Plan; and(4) When and how to conduct inspections, record applicable findings, and take corrective actions.

ESCGP-3

GENERAL PERMIT – New Section

8. TRAININGd. A training log must be kept onsite and made available upon request from the Department or conservation district.

e. All personnel must have access at all times to;• electronic or paper copy of this permit, • approved copies of the E&S and PCSM Plans, as well as • PPC Plans, and • other relevant documents or information that must be kept with these

plans.

ESCGP-3

GENERAL PERMIT – New Section 9. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION (PHMC) GENERAL CONDITIONS

a. If the permittee encounters archaeological specimens or historic resources, as defined by 37 Pa.C.S. § 103, during earth disturbance activities, the permittee shall immediately cease earth disturbance activities and shall immediately notify the Department and shall concurrently notify the Pennsylvania Historical and Museum Commission (PHMC) at P.O. Box 1026, Harrisburg, PA 17120-1026, telephone 717.783.8947.

b. During earth disturbance activities, the permittee shall protect historic,cultural and archaeological sites as identified in the Pennsylvania Inventory ofHistorical Places and the National Register of Historical Places in accordancewith applicable State and Federal laws.

ESCGP-3

GENERAL PERMIT – New Section

10. THREATENED AND ENDANGERED SPECIES

PROTECTION

a. If applicable, the permittee shall comply with the provisions of any

Habitat Conservation Plan approved by the jurisdictional resource

agencies to protect State or Federal threatened and endangered

species.

ESCGP-3

GENERAL PERMIT – New Section

10. THREATENED AND ENDANGERED SPECIES

PROTECTION

b. If any potential impact is identified on the PNDI receipt to State or Federal

threatened or endangered species, the permittee shall implement any

avoidance/mitigation measures indicated on the PNDI receipt and/or other

measures determined necessary by the resource agencies in a clearance letter,

determination or other correspondence to resolve potential species impacts and

ensure compliance with applicable State and Federal laws pertaining to the

protection of State or Federal threatened and endangered species.

c. When conducting earth disturbance activities, the permittee has a continuing

obligation to ensure compliance with applicable State and Federal laws

pertaining to the protection of State or Federal threatened and endangered

species.

ESCGP-3

GENERAL PERMIT20. PREPAREDNESS, PREVENTION AND CONTINGENCY (PPC) PLANS

• Not a new section

• Differentiate the requirements for conventional and

unconventional Operations.

• Added 78a.55 reference for Unconventional Operations

• Added 78.55 reference for Conventional Operations

ESCGP-3

GENERAL PERMIT21. POST CONSTRUCTION STORMWATER MANAGEMENT PLANS/SITE RESTORATION

• Not a new section

• Added 78a.65(d) site restoration language• Any portion of a site that is restored to meadow in good condition or better

can be done in accordance with 102.8(n).

• do not need to show stormwater calculations for these areas

ESCGP-3

GENERAL PERMIT23. LONG-TERM OPERATION AND MAINTENANCE FOR PROJECTS

THAT DO NOT REQUIRE A WELL PERMIT

• New Section

• If there is no well permit;• The Permitte is responsible for the long-term O&M of PCSM

BMPs unless a different person is identified in the NOT

• The permittee (under this AoC) has to record the instrument with the recorder of deeds for any PCSM BMPs on the site, in accordance with Ch. 102.

ESCGP-3

GENERAL PERMIT24. LONG-TERM OPERATION AND MAINTENANCE FOR WELL SITE CONSTRUCTION REQUIRING A WELL PERMIT

• New Section• The Permittee has Post-Drilling as well as Post-Plugging restoration

responsibilities• For Commonwealth owned property, a covenant not required until

the transfer of the land• Post-Drilling site restoration requirements

• Minimize the impervious area • Restoration report within 60 days• Long-term O&M of remaining PCSM BMPs is the responsibility of well

Permittee

ESCGP-3

GENERAL PERMIT24. LONG-TERM OPERATION AND MAINTENANCE FOR WELL SITE CONSTRUCTION REQUIRING A WELL PERMIT

• Post Plugging Requirements:• Restore the site to approximate original condition within 9

months after the plugging of last well in the well pad

• Restoration report within 60 days

• Need landowner consent to leave any impermeable surface.• PCSM Plan must be provided to the surface landowner

• Surface landowner records instrument with the recorder of deeds for remaining PCSM BMPs

ESCGP-3

ESCGP-3Division of Duties

https://www.epa.gov/npdes/oil-and-gas-stormwater-permitting

ESCGP-2 to ESCGP-3Notice of Intent (NOI) Form

and Instructions

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ESCGP-2 NOI vs ESCGP-3 NOI

• New Expedited Review Section

• Alternative BMPs not approved by DEP cannot be used.

• Combined PCSM/SR Section/Module

• Options for multiple stages of PCSM

• Submit Water Quality worksheets along with NOI

• Submit Infiltration summary table for each bio-infiltration BMP

• New Riparian Buffer section/module

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Expedited Review Eligibility

1. Special Protection Watershed, EV Wetlands and Siltation-Impaired Watersheds

2. Floodplains

3. Contaminated Land

4. Hazardous Geologic Formations and Soil Conditions

5. Existing Compliance Issues

6. Transmission Pipeline or associated Facilities

Expedited Review

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Expedited Review Process

1. NOI Package must be prepared by an appropriate licensed professional.

2. E&S, PCSM/SR plans sealed by an appropriate licensed professional

3. Resource Delineation information

4. PNDI Clearance from resource agency

5. Riparian Forest Buffer requirements

6. Licensed professional information

Expedited Review

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• Water Quality Compliance

• If volume reduction is achieved and at least 90% of the disturbed area is controlled by a BMP –

Attach Worksheet #10

• If volume reduction is achieved and but 90% of the disturbed area is not controlled by a BMP –

Attach Worksheets #12 and #13

• If volume reduction is not achieved – Attach Worksheets #11, #12 and #13

• Summary Description of PCSM/SR BMPs

• A summary table with infiltration testing information must be submitted for all Bio-infiltration BMPs

• Appendix E- Infiltration Summary table template

PCSM/SR Plan

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• Water Quality Compliance

• If volume reduction is achieved and at least 90% of the disturbed area is controlled by a BMP –

Attach Worksheet #10

• If volume reduction is achieved and but 90% of the disturbed area is not controlled by a BMP –

Attach Worksheets #12 and #13

• If volume reduction is not achieved – Attach Worksheets #11, #12 and #13

• Summary Description of PCSM/SR BMPs

• A summary table with infiltration testing information must be submitted for all Bio-infiltration BMPs

• Appendix E- Infiltration Summary table template

PCSM/SR Plan

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PCSM/SR Plan

New and Revised

Office of Oil and Gas Management

Forms

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ESCGP-3

NEW FORMS

• Transferee/Co-permittee Application: 8000-PM-OOGM0009• Based on the BWEW form No. 3150-PM-BWEW0228: Transferee/Co-

permittee application for NPDES permits

• Co-permittee Liability Release: 8000-PM-OOGM0160• Based on BCW form No. 3800-FM-BCW0271

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ESCGP-3

REVISED FORMS

• Post Drilling Well Site Restoration Report: 8000-FM-

OOGM0152U

• Post Plugging Well Site Restoration Report: 8000-FM-

OOGM0075U

• Post Drilling Landowner Waiver of Well Site Restoration:

8000-FM-OOGM0149U

• Post Plugging Landowner Waiver of Well Site Restoration:

8000-FM-OOGM0155U

• Well Development Impoundment Transfer Form: 8000-

FM-OOGM0139U

ePermitting

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General Information

• ESCGP-3 ePermit application release – October 29, 2018

• Users must register in DEP’s Greenport

• Each OGO must have at least one Electronic Filing

Administrator account (EFA)

• EFA have the ability to modify individual access for any user

General Information

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General Information

• Oil and gas activities that involve five (5) acres or more of earth

disturbance over the life of the project must obtain E&S Permit

• Must use the most up-to-date NOI authorization package

• Submit NOI Checklist along with NOI

• 60-days to resolve any issues with the NOI application

• A well permit is required prior to construction of the well site

• Applicant must obtain written acknowledgement of coverage under

ESCGP-3 from DEP or CD

• Must invite DEP or CD for Preconstruction Meeting

Ann M Mathew, P.E.Office of Oil and Gas Management

Bureau of Oil and Gas Planning and Program ManagementWell Development and Surface Activities Division

717-772-0216amathew@pa.gov