Environmental Protection in the

Development of the Marcellus Shale

Areas of Environmental Protection

Water sourcesSite developmentWetland and waterway protectionWater quality protectionDams and impoundmentsWell construction and completionWastewater managementAir quality

Water Sources StatutesOil and Gas Act, the act of December 19, 1984 (P.L. 1140, No. 223).The Clean Streams Law, the act of June 22, 1937 (P.L. 1987).Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. (Clean Water Act).Water Resources Planning Act, the act of December 16, 2002 (P.L. 1776, No. 220), 27 Pa. C.S. § 3118(b).Great Lakes – St. Lawrence River Basin Water Resources Compact, the act of July 4, 2008 (P.L. 526, No. 43), 32 P.S. §§ 817.21 et seq.

Water Sources Regulations

25 Pa. Code Chapter 78 (Oil and Gas Wells). 25 Pa. Code Chapters 93 and 96 (Water Quality Standards and Water Quality Standards Implementation).25 Pa. Code Chapter 110 (Water Resources Planning).

Water Sources PolicyPennsylvania Natural Diversity Inventory (PNDI) Policy (ID# 400-0200-001). Locational Data Policy (ID# 392-0830-001).Water Quality Antidegradation Implementation Guidance (ID# 391-0300-002) –.Susquehanna River Basin Commission (SRBC) Guidelines For Using and Determining Passby Flows and Conservation Releases for Surface Water and Groundwater Withdrawal Approvals, Policy No. 2003-01, (Short Title: SRBC Passby Flow Guidelines).SRBC Aquifer Testing Guidance, Policy No. 2007-01. PA/MD In-stream Flow Incremental Methodology (IFIM).

Water Sources - Interstate Commissions

The DRBC and SRBC have each determined that Marcellus Shale gas well drilling and water use activities trigger their respective regulatory reviews. Both SRBC and DRBC Compacts expressly provide that state and compact activities should be coordinated.

Water SourcesWater Management Plans

The Department issues natural gas well permits under the Oil and Gas Act, which requires compliance with other laws administered by the Department. Pennsylvania case law indicates that diminution of water resources can be pollution.The Department requires the operator to demonstrate that the withdrawal and use of water will not violate the Clean Streams Law. This demonstration is made through the submission and approval of a Water Management Plan in connection with the gas well permit.

Site Development – E&S Controls

Oil and Gas Act, December 19, 1984, P.L. 1140, the act of December 19, 1984 (P.L. 1140, No. 223). The Clean Streams Law, the act of June 22, 1937 (P.L. 1987). Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. (Clean Water Act).Noncoal Surface Mining Reclamation and Control Act, 52 P.S. §§ 3301 et seq.Act 14 – Section 1905-A of The Administrative Code, 71 P.S. § 510-5.

Site Development – E&S Controls

25 Pa. Code Chapter 102 (Erosion and Sediment Control).25 Pa. Code Chapters 93 and 96 (Water Quality Standards and Water Quality Standards Implementation).25 Pa. Code Chapter 78 (Oil and Gas Wells).25 Pa. Code Chapter 77 (Noncoal Surface Mining).

Site Development – E&S Controls

Pennsylvania Natural Diversity Inventory (PNDI) Policy (ID# 400-0200-001).Permit Guidelines for Phased NPDES Stormwater Discharges Associated with Construction Activity Permits, Chapter 102 Erosion and Sediment Control Permits, and Chapter 105 Waterway Restoration Project Permits, document # 363-2134-013, March 29, 2003.

Site Development - Wetlands and Waterways Protection

Oil and Gas Act, the act of December 19, 1984 (P.L. 1140, No. 223).The Clean Streams Law, the act of June 22, 1937 (P.L. 1987). Dam Safety and Encroachments Act, the act of November 26,1978 (P.L. 1375, No. 325). Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. (Clean Water Act).Act 14 – Section 1905-A of The Administrative Code, 71 P.S. § 510-5.

Site Development - Wetlands and Waterways Protection

25 Pa. Code Chapter 105 (Dam Safety and Waterway Management). 25 Pa. Code Chapter 78 (Oil and Gas Wells). 25 Pa. Code Chapters 93 and 96 (Water Quality Standards and Water Quality Standards Implementation).

Water Quality Protection

The Clean Streams Law, the act of June 22, 1937 (P.L. 1987), as amended, 35 P.S. §§ 691.1 et seq. Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. (Clean Water Act).

Water Quality Protection

25 Pa. Code Chapters 93 and 96 (Water Quality Standards and Water Quality Standards Implementation).40 CFR 131.12. Antidegradation.

Water Quality Protection

Water Quality Antidegradation Implementation Guidance (ID# 391-0300-002)

It is the policy of the Department to protect the existing uses of all surface waters and the existing quality of High Quality (HQ) and Exceptional Value (EV) Waters.Existing uses are protected when the Department makes a final decision on any permit or approval for an activity that may affect a protected use. Existing uses are protected based upon the Department’s evaluation of the best available information (which satisfies Department protocols and Quality Assurance/Quality Control (QA/QC) procedures) that indicates the protected use of the waterbody.

Dams and ImpoundmentsOil and Gas Act, the act of December 19, 1984 (P.L. 1140, No. 223). The Clean Streams Law, the act of June 22, 1937 (P.L. 1987).Dam Safety and Encroachments Act, the act of November 26,1978 (P.L. 1375, No. 325). Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. (Clean Water Act).Act 14 – Section 1905-A of The Administrative Code, 71 P.S. § 510-5.

Dams and Impoundments

25 Pa. Code Chapter 105 (Dam Safety and Waterway Management).25 Pa. Code Chapter 78 (Oil and Gas Wells). 25 Pa. Code Chapters 93 and 96 (Water Quality Standards and Water Quality Standards Implementation).

Dams and Impoundments

Standards –The design, construction, maintenance and removal of dams associated with impoundments for oil and gas wells must protect the health and safety of the people, the natural resources, and environment of the Commonwealth. Centralized impoundments shall be designed, constructed and maintained to be structurally sound and reasonably protected from unauthorized acts of third parties and comply with 25 Pa. Code Chapter 78.56 – 78.63.

Well Construction and Completion

Oil and Gas Act, December 19, 1984, P.L. 1140, the act of December 19, 1984 (P.L. 1140, No. 223). The Clean Streams Law, the act of June 22, 1937 (P.L. 1987). Solid Waste Management Act, the act of July 7, 1980 (P.L. 380, No. 97).

Well Construction and Completion

25 Pa Code Chapter 78 (Oil and Gas Wells).25 Pa Code Chapter 91 (General Provisions for protection of water resources).25 Pa Code Chapters 287 through 299 (Residual Waste).

Wastewater ManagementOil and Gas Act, the act of December 19, 1984 (P.L. 1140, No. 223). The Clean Streams Law, the act of June 22, 1937 (P.L. 1987). Federal Water Pollution Control Act, 33 US.C. §§ 1251 et seq. (Clean Water Act). Solid Waste Management Act, the act of July 7, 1980 (P.L. 380, No. 97).Act 14 – Section 1905-A of The Administrative Code, 71 P.S. § 510-5.

Wastewater Management25 Pa Code Chapter 78 – Oil and Gas Wells25 Pa Code Chapter 287 – Residual Waste Management – General Provisions.25 Pa Code Chapter 288 – Residual Waste Landfills.25 Pa Code Chapter 289 – Residual Waste Disposal Impoundments.25 Pa Code Chapter 291 – Land Application of Residual Waste.25 Pa Code Chapter 293 – Transfer Facilities for Residual Waste.25 pa Code Chapter 299 – Storage and Transportation of Residual Waste.25 Pa Code Chapter 91 – (Water Resources) General Provisions.25 Pa Code Chapter 92a – National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance [NOTE: Chapter 92 may be replaced by a new Chapter, 92a, during 2010].25 Pa Code Chapter 93 – Water Quality Standards.25 Pa Code Chapter 95 – Wastewater Treatment Requirements.25 Pa Code Chapter 96 – Water Quality Standards Implementation.

Wastewater ManagementRadiological Considerations:

Any facility that receives natural gas wastewater, the facility should have a radiation protection Action Plan. Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities, DEP-ID: 250-3100-001Any facility that discharges treated natural gas wastewater, monitor and report requirements for radium 226/228 (combined) in pCi/L, gross alpha activity in pCi/L, and uranium. Any facility that receives natural gas wastewater, the treated effluent and the biosolids or other solid waste resulting from operation of the facility does not qualify for land application.

Air Quality

Air Pollution Control Act, 35 P.S. §§ 4001 et seq..Clean Air Act, 42 U.S.C. §§ 7401 – 7671.

25 Pa. Code Chapters 121-129 and 131-145.

Summary

Water sourcesSite developmentWetland and waterway protectionWater quality protectionDams and impoundmentsWell construction and completionWastewater managementAir quality

Contact Information

Dana Aunkst, P.E.Director,Bureau of Water Standards and Facility

Regulation(717) 787-5017daunkst@state.pa.us