Source: Pennsylvania Bulletin

NOTICES
Availability of the Non-Regulatory Agenda
[46 Pa.B. 3562]
[Saturday, July 2, 2016]

 In accordance with the Department of Environmental Protection's (Department) Policy for Development and Publication of Technical Guidance, the Department provides notice of the availability of the Non-Regulatory Agenda (Agenda). The Department will publish notice of availability of the Agenda twice a year in February and July.

 The Agenda serves as a guide and resource to the regulated community, the public, Department staff and members of the Department's Advisory Committees regarding the focus of the Department's policy development for the coming year. The types of documents listed in the Agenda include policies and technical guidance documents that provide directives, guidance or other relevant compliance-related information.

 The Agenda is available on the Department's eLibrary web site at www.elibrary.dep.state.pa.us/dsweb/HomePage (select ''Publications,'' then ''Office of Policy,'' then ''DEP Non-Regulatory Agenda'').

 Questions regarding the Department's Agenda should be directed to Abbey Cadden, Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063 or ra-epthepolicyoffice@pa.gov.

 Questions regarding the specific documents listed on the Agenda should be directed to the respective contact person listed on the Agenda.

PATRICK McDONNELL, 
Acting Secretary
<http://www.pabulletin.com/secure/data/vol46/46-27/1134.html>
The agenda document is available here:
<http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-113372/0120-RE-DEP4509%20Non-Regulatory%20Agenda.pdf>
Some Excerpts (this will probably not read very well in text-based E-mail, please view at the Fayette Marcellus Watch Web Site:

Title	DEP ID	Description	Type/Action	Applicable Advisory Committee(s)	Pa. Bulletin Status	Contact Person
Civil Penalty Assessment Informal Hearing Procedure for the Office of Oil and Gas Management	800-4000-002	Describes the procedure to be used for holding an informal hearing as it relates to civil penalty assessments for violations of the 2012 Oil and Gas Act, or a regulation, order or permit issued by the Department under the 2012 Oil and Gas Act.	Policy/New	N/A	Publish as Final Quarter 3 2016	Kurt Klapkowski Oil and Gas Planning and Program Management (717) 772-2199 kklapkowsk@pa.gov
Civil Penalty Assessments in the Oil and Gas Management Program	550-4180-001	Provides a procedural guidance for DEP Oil and Gas Management staff for assessing and calculating appropriate civil penalty amounts to seek in settlements, or to assess in penalty actions for violations, and to provide advisory information to the regulated industry.	Policy / Substantive Revision	N/A	Publish as Draft in Quarter 3 2016	Kurt Klapkowski Oil and Gas Planning and Program Management (717) 772-2199 kklapkowsk@pa.gov
Replacement or Restoration of Private Water Supplies	TBD	Provides direction to the Oil and Gas Management Program by establishing procedures to be followed for restoring or replacing private water supplies that are adversely affected by oil and gas operations. Also provides the regulated industry and the public with information on th e Department’s approach to a responsible party who affects a private water supply by pollution or diminution.	TGD/New	Oil & Gas Technical Advisory Board, Conventional Oil & Gas Advisory Committee	Pub lish as Draft in Quarter 3 2016	Kurt Klapkowski Oil and Gas Planning and Program Management (717) 772-2199 kklapkowsk@pa.gov
Guidelines for Implementing Area of Review Regulatory Requirement	TBD	Informs those engaged in hydraulic fracturing activities how to comply with the requirements of the Clean Streams Law, the 2012 Oil and Gas Act, Chapters 78 and 78a, and other applicable laws. This policy is developed to facilitate appropriate risk mitigation for conventional and unconventional well operators and includes a risk - based classification scheme for offset well locations and commensurate levels of monitoring; sections addressing communication incident management, reporting, and resolution; and operational alternatives and technical considerations for different anticipated scenarios.  This policy also provides an outline of DEP’s well adoption permitting process.	TGD/New	Oil and Gas Technical Advisory Board	Publish as Draft in Quarter 3 2016	Seth Pelepko Oil and Gas Planning and Program Management (717) 772-2199 mipelepko@pa.gov
Public Resources Impact Screening	TBD	Provides guidance to oil and gas well operators on how to conduct public resource impact screening in accordance with sections 78.1 5 and 78a.15.  Also provides guidance to Department permit review staff on how to assess harmful impacts on identified public resources and appropriate permit conditions.	TGD/New	Oil & Gas Technical Advisory Board, Conventional Oil & Gas Advisory Committee	Publish as Draft in Quarter 4 2016	Scott Perry Office of Oil and Gas Management (717) 772-2199 scperry@pa.gov
Best Management Practices for Noise Control at Unconventional Well Sites	TBD	Provides information to operators of unconventional wells on best management practices for minimizing noise impacts from gas operations.	TGD/New	Oil & Gas Technical Advisory Board	Publish as Draft in Quarter 4 2016	Kurt Klapkowski Oil and Gas Planning and Program Management (717) 772-2199 kklapkowsk@pa.gov
Pressure Barrier Technical Guidance	TBD	Will serve as a reference for DEP Oil and Gas Inspectors and the industry when there is a need to employ well control equipment, indicating what pressure control measures are appropriate.	TGD/New	Oil & Gas Technical Advisory Board	Publish as Draft Quarter 4 2016	Seth Pelepko Oil and Gas Planning and Program Management (717) 772-2199 mipelepko@pa.gov
Induced Seismicity Program Clarification Memo	TBD	Will serve as a reference for actions that should be taken during deep well disposal operations and hydraulic fracturing in areas of the oil and gas region.	Policy/New	Oil & Gas Technical Advisory Board	Publish as Draft Quarter 4 2016	Seth Pelepko Oil and Gas Planning and Program Management (717) 772-2199 mipelepko@pa.g ov
Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities	250-3100-001	Outlines the criteria for owners and operators of solid waste facilities monitoring for radiation from incoming loads of waste, and the criteria by which DEP will eval uate these activities in regard to waste facility permitting, operations and enforcement, radiation protection, grants, monitoring, administration and emergency.	TGD/ Substantive Revision	Solid Waste Advisory Committee	Publish as Draft Quarter 4 2016	Ali Tarquino-Morris Waste Management (717) 787-7381 altarquino@pa.gov
Air Quality Permit Protocol	275-2101-001	Provides guidance for regional personnel in reviewing plan approval applications and conducting permit inspections for the air quality program.	TGD/ Substantive Revision	N/A	Publish as Draft Quarter 4 2016	Uyen Dao Air Quality (717) 772-3360 udao@pa.gov
Air Quality Permit Exemptions	275-2101-003	Provides criteria for sources and physical changes to sources determined to be eligible for permitting exemptions as sources of minor significance.	TGD/ Substantive Revision	Air Quality Technical Advisory Committee, Small Business Compliance Advisory Committee	Publish as Draft Quarter 4 2016	Uyen Dao Air Quality (717) 772-3360 Udao@pa.gov
Instructions for Compliance Demonstrations for Exemption 38 and GP-5	TBD	Will provide instructions to demonstrate compliance with Exemption 38 and GP-5.	TGD/New	Air Quality Technical Advisory Committee	Updates posted on website Quarter 4 2015	Naishadh Bhatt Air Quality (717) 787-2856 nabhatt@pa.gov

[See Notes.]

-------------------------
Source: eNOTICE (+ PA Oil and Gas Mapping) Please see the Disclaimer below regarding Parcel Id data.

Correction Notice: The previous issue of this bulletin commented that Chevron seemed to be throwing in the towel on the entire Stewart Well Pad. This was not quite correct. While Chevron has applied for inactive status on Stewart 2H - 6H, there is an active "Drill & Operate Well Permit Drill Deeper" permit for Stewart 1H. The web version of the 6/26/16 issue has been corrected, and the 6/12/16 issue now shows the full Drill & Operate Well Permit Drill Deeper Permit, which is available here:
<http://www.depgis.state.pa.us/PaOilAndGasMapping/PdFFetcher.ashx?Doc=YhC8xvohvJdOtEdJOcNyOg%3d%3d&ext=PDF>
Apologies for the error.

Authorization ID:    1107917
Permit number:    051-24636
Site:    COASTAL 1H FLOW BACK PIT FRESHWATER PITS ESCGP-EXPEDITED
Client:    BURNETT OIL CO INC
Authorization type:    Drill & Operate Well Permit
Application type:    New
Authorization is for:    FACILITY
Date received:    02/10/2016
Status:    Issued on 6/22/2016
Sub-Facility ID    Sub-Facility Name    Description
1205967     COASTAL 2V     Well    
Permit Review Notes:
Date    Review Note
6/20/2016    The technical review and decision review are complete and either the permit decision and/or permit issuance are forthcoming.
6/6/2016    Applicant has been issued a deficiency letter. If applicable, this application no longer qualifies for the Permit Decision Guarantee.
6/6/2016    DEP's interim review is complete. Final decision review/permit issuance is pending receipt of comments/approvals from other state or federal resources agencies.
5/12/2016    The permit application package is complete, has been accepted, and is undergoing technical review.
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1107917>
Location: 39.733336,-79.800886 <http://osm.org/go/ZWpgBJ8X--?m=>
Municipalities: Springhill Twp [an Environmental Justice Area]
Conservation Well: Y
Unconventional Well: N
Presumed Parcel Id: 36210048

[Conventional Well:]
Authorization ID:    1132028
Permit number:    051-20051
Site:    JAY E LEONARD UNIT 1 OG WELL
Client:    XTO ENERGY INC
Authorization type:    Well Plugging Notice Alternate Method
Application type:    New
Authorization is for:    FACILITY
Date received:    04/05/2016
Status:    Withdrawn on 6/22/2016
Sub-Facility ID    Sub-Facility Name    Description
56258     JAY E LEONARD UNIT 628 1     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1132028>
Location: 39.889047,-79.551017 <http://osm.org/go/ZWpt7Qzi--?m=>
Municipalities: Stewart Twp
Presumed Parcel ID: 37060019

[Conventional Well:]
Authorization ID:    1142378
Permit number:    051-20681
Site:    HARRINGTON UNIT 1 WELL
Client:    KEYROCK ENERGY LLC
Authorization type:    Well Plugging Notice Intent to Plug Single Well
Application type:    New
Authorization is for:    FACILITY
Date received:    05/09/2016
Status:    Pending
Sub-Facility ID    Sub-Facility Name    Description
56859     HARRINGTON UNIT 1     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1142378>
Location: 40.058513,-79.574922 <http://osm.org/go/ZWp9wvNa--?m=>
Municipalities: Bullskin Twp
Presumed Parcel Id: 04280072
[See Notes.]

Authorization ID:    1142380
Permit number:    051-24244
Site:    KERMIT M KENNEDY ET AL 6 OG WELL
Client:    XTO ENERGY INC
Authorization type:    Well Plugging Notice Intent to Plug Single Well
Application type:    New
Authorization is for:    FACILITY
Date received:    05/11/2016
Status:    Pending
Sub-Facility ID    Sub-Facility Name    Description
993060     KERMIT M KENNEDY ET AL 6     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1142380>
Municipalities: Dunbar Twp
Location: 40.017272,-79.65972 [an Environmental Justice Area] <http://osm.org/go/ZWp2yXlK--?m=>
Presumed Parcel ID: 09110006

[Conventional Well:]
Authorization ID:    1142383
Permit number:    051-21190
Site:    LUZ HOGSETT 1 OG WELL
Client:    KEYROCK ENERGY LLC
Authorization type:    Well Plugging Notice Intent to Plug Single Well
Application type:    New
Authorization is for:    FACILITY
Date received:    05/09/2016
Status:    Issued on 6/27/2016
Sub-Facility ID    Sub-Facility Name    Description
522268     LUZ-HOGSETT 1     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1142383>
Location: 39.964415,-79.90832 <http://osm.org/go/ZWpZtklJ--?m=>
Municipalities: Luzerne Twp
Presumed Parcel Id: 19250070

[Conventional Well:]
Authorization ID:    1142397
Permit number:    051-21230
Site:    GARAFOLA 1 OG WELL
Client:    KEYROCK ENERGY LLC
Authorization type:    Well Plugging Notice Intent to Plug Single Well
Application type:    New
Authorization is for:    FACILITY
Date received:    05/09/2016
Status:    Pending
Sub-Facility ID    Sub-Facility Name    Description
533284     GARAFOLA 1     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1142397>
Location: 40.004581,-79.880819 <http://osm.org/go/ZWpeGQ1h--?m=>
Municipalities: Redstone Twp
Presumed Parcel Id: 30040220

[Conventional Well:]
Authorization ID:    1142459
Permit number:    051-20884
Site:    SHOAF 1 Well
Client:    AMER EXPLORATION CO
Authorization type:    Well Plugging Notice Intent to Plug Single Well
Application type:    New
Authorization is for:    FACILITY
Date received:    05/13/2016
Status:    Pending
Sub-Facility ID    Sub-Facility Name    Description
366294     SHOAF 1     Well
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1142459>
Location: 39.981138,-79.708448 <http://osm.org/go/ZWpzUsTv--?m=>
Municipalities: Franklin Twp
Presumed Parcel Id: 13160037
[See Notes.]

Authorization ID:    1090372
Permit number:    ESX11-051-0002
Site:    SPRINGHILL CS TO BEZJAK PIPELINE ESGPX-EXPEDITED
Client:    LAUREL MTN MIDSTREAM OPR LLC
Authorization type:    Expedited E&S Stormwater General Permit 1
Application type:    Notification
Authorization is for:    SITE
Date received:    09/17/2015
Status:    Pending
<http://www.ahs.dep.pa.gov/eFACTSWeb/searchResults_singleAuth.aspx?AuthID=1090372>
Municipalities: Nicholson Twp [an Environmental Justice Area], Springhill Twp [an Environmental Justice Area]

-------------------------
Source: Reuters Commodities: Energy
<http://www.reuters.com/finance/commodities/energy>

-------------------------
Notes:

"Exemption 38" in the Non-Regulatory Agenda refers to the exemption for oil and gas wells from air quality permitting of any kind (including general permits). When the EPA promulgated its air rule for unconventional oil & gas wells -- known as 40 CFR Part 60 Subpart OOOO -- rather than doing the right thing, rescinding Exemption 38 completely, and requiring operators of unconventional oil & gas wells to get a general air quality permit, DEP modified Exemption 38 to simply state that the operator of an unconventional oil & gas well had to "demonstrate" compliance with 40 CFR Part 60 Subpart OOOO without specifying what the procedure was for doing this. In effect, this created what amounts to a monster hole in the EPA air rule for unconventional oil & gas. There appears to be a draft of "Compliance Demonstration Instructions" on the DEP web site here:

<http://www.dep.pa.gov/Business/Air/BAQ/Permits/Documents/COMPLIANCE_DEMONSTRATION_INSTRUCTIONS_FOR_EXEMPTION_CATEGORY_NO_38.pdf?Mobile=1&Source=%2FBusiness%2FAir%2FBAQ%2FPermits%2F%5Flayouts%2Fmobile%2Fview%2Easpx%3FList%3D46616745%252D68be%252D49ff%252D96a6%252Dae9d3453e156%26View%3D1446eb81%252Dbf9f%252D4417%252Db47b%252D0d0a2e8686ed%26CurrentPage%3D1>

However, this document does not appear to have any official status. It does not yet have an official DEP document number, is not part of a Technical Guidance Document (TGD), and has not been put out for public comment. (Technical Guidance Documents are "the 3rd layer" in the rules governing DEP regulation. The "top layer" is statute, the "2nd layer" is PA Code (which does have the force of law) and the "3rd layer" are the TGDs, which are basically instructions to DEP personnel for how to enforce the top two layers. TGDs are all supposed to be subject to Public Comment when they are introduced or modified. Fayette Marcellus Watchers have participated in public comment on Exemption 38, recommending it be rescinded. (See <http://faymarwatch.org/documents/JR_B38_Exemption_052511.pdf>, <http://faymarwatch.org/documents/JR_B38_Exemption_031913.pdf>.) The Non-Regulatory Agenda is published twice a year, and gives us a sneak peak on what TGDs DEP is supposedly working on.

It is simply outrageous that DEP has taken this long to have a proper procedure for operators of unconventional oil & gas wells to demonstrate compliance with the EPA air rule for unconventional oil & gas wells.

---
The application to plug Harrington 1 above is puzzling: DEP already issued authorization 1134239 on 5/3/2016 to plug this same well. So why did Keyrock Energy apply a second time to plug the same well? Perhaps this is an amendment incorrectly filed as a new application? (There are several permits in this bulletin that seem to be in the same boat.)

---
The application to plug Shoaf 1 is presumably in response to a DEP order. From the Oil & Gas Compliance Report section of the 1/24/16 issue of this bulletin:

[Conventional Well:]
OPERATOR: AMER EXPLORATION CO
INSPECTION_ID: 2440940
INSPECTION_DATE: 01/14/2016
INSPECTION_TYPE: Follow-up Inspection
API_PERMIT: 051-20884
FARM_NAME: SHOAF 1
UNCONVENTIONAL: N
SITE_ID: 459907
SITE_NAME: SHOAF 1 Well
FACILITY_TYPE: Oil & Gas Location
INSPECTION_CATEGORY: Primary Facility
REGION: EP DOGO SWDO Dstr Off
COUNTY: Fayette
MUNICIPALITY: Franklin Twp
INSPECTION_RESULT_DESCRIPTION: Outstanding Violations - Viols Req'd
INSPECTION_COMMENT:      Follow-Up inspection will include (ORDER TO PLUG) sent by (BOI).

------------------------

DEP defines an environmental justice area as "any census tract where 20 percent or more individuals live in poverty, and/or 30 percent or more of the population is minority". (See:
<http://www.portal.state.pa.us/portal/server.pt/community/pa_environmental_justice_areas/20991>
<http://www.portal.state.pa.us/portal/server.pt/community/dep_enhanced_public_participation_policy/20988>
). There are supposed to be enhanced public participation requirements for permits in environmental justice areas, but news of this actually ever happening is scarce. In Fayette County, the entirety of Springhill, Nicholson, German, and Georges Townships are environmental justice areas, as well as a large part of Dunbar Township. DEP's policy document on public participation guidelines for environmental justice areas is located here:
<http://www.elibrary.dep.state.pa.us/dsweb/Get/Version-48671/012-0501-002.pdf>

eNOTICE records are likely to list the same permit multiple times, as that permit moves through the DEP process.

Oil & Gas Wells designated with a site a number and the letter H typically designate horizontal wells.

-------------------------

Resources:

Pennsylvania Bulletin: <http://www.pabulletin.com/>

eNOTICE: <http://www.ahs2.dep.state.pa.us/eNOTICEWeb/>

DEP Well Details Report: <https://www.paoilandgasreporting.state.pa.us/publicreports/Modules/WellDetails/WellDetails.aspx>

DEP Permits Issued Detail Report:
<http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx?/Oil_Gas/Permits_Issued_Detail>

DEP SPUD (drilling started) Report:
<http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx?/Oil_Gas/Spud_External_Data>

DEP Oil and Gas Compliance Report:
<http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx?/Oil_Gas/OG_Compliance>

DEP PA Oil & Gas Mapping:
<http://www.depgis.state.pa.us/PaOilAndGasMapping>

Fayette County Assessment Office Search For Tax Records:
<http://property.co.fayette.pa.us/search.aspx>

Pennsylvania Spatial Data Access:
<http://www.pasda.psu.edu/default.asp>
DEP Spatial Data Repository:
<ftp://www.pasda.psu.edu/pub/pasda/dep/>

National Response Center:
<http://www.nrc.uscg.mil/>

EPA-Echo: <http://www.epa-echo.gov/echo/compliance_report_air.html>

FERC citizen involvement: <http://www.ferc.gov/for-citizens/get-involved.asp>

Follow the directions and enter the docket number to subscribe to.

Township  Supervisors receive information regarding Erosion & Sedimentation permits, and these records may be reviewable at township municipal offices.

DEP permits are reviewable through the File Review process, for application to do file review see: <http://www.portal.state.pa.us/portal/server.pt/community/southwest_regional_office/13775/file_review/593164>

Environmental Hearing Board: <http://ehb.courtapps.com/public/index.php>

PA DEP Environmental Policy Comment System:
<http://www.ahs.dep.pa.gov/eComment/>

Federal Register Environment: <https://www.federalregister.gov/environment>

SkyTruth Fayette County Drilling Alerts: <http://frack.skytruth.org/pennsylvania-frack-alerts/fayette_pa>

EPA Pennsylvania Public Notices: <http://www2.epa.gov/aboutepa/epa-pennsylvania#notice>

Energy Assurance Daily: <http://www.oe.netl.doe.gov/ead.aspx>

-------------------------
Disclaimers:

This compilation from the above sources was done by hand using copy and paste and may omit relevant permits.

Parcel data is provided via the tax records search web page offered by the Fayette County Assessment Office (http://property.co.fayette.pa.us/). Presumed Parcel Id links are subject to availability provided by that agency and associated web sites. Presumed Parcel Ids are determined as the mapped parcel containing a given latitude and longitude, are a best effort determination which is subject to error, and are not official. In cases where a facility is leased and there is a separate parcel id for the lease, if this parcel id is not separately mapped, the parcel id shown will be the id for the enclosing parcel. Parcel owners may be surface owners only and may or may not have any relationship to oil & gas facilities.

Does not currently include water supply permits. Does not include landfill permits even though many such are for Marcellus Shale waste. (It is not possible at this time to distinguish which landfill permits are for Marcellus Shale waste and which are not without doing File Review for each permit.)

Erosion & Sedimentation permit records do not currently include latitude and longitude. Where I am publishing latitude and longitude with E&S permits it is by inferring an associated well permit and using published latitude and longitude for the well. It is possible I may be inferring the wrong well site.

Municipalities are shown from eFACTS records on the DEP web site. The DEP has been known to list a municipality incorrectly.