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CHAPTER 78. OIL AND GAS WELLS
Subch. Sec.
A. GENERAL PROVISIONS 78.1
B. PERMITS, TRANSFERS AND OBJECTIONS 78.11
C. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS 78.51
D. WELL DRILLING, OPERATION AND PLUGGING 78.71
E. WELL REPORTING 78.121
F. [Reserved] 78.141
G. BONDING REQUIREMENTS 78.301
H. UNDERGROUND GAS STORAGE 78.401
X. STATEMENTS OF POLICY 78.901Authority The provisions of this Chapter 78 issued under the Oil and Gas Act (58 P. S. § § 601.101601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501518); the Oil and Gas Conservation Act (58 P. S. § § 401419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1510-108); The Clean Streams Law (35 P. S. § § 691.1691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.1016018.1003); amended under section 604 of the Oil and Gas Act (58 P. S. § 601.604); sections 5(b)(1), 304 and 402(a) of The Clean Streams Law (35 P. S. § § 691.5(b)(1), 691.304(a) and 691.402(a)); section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)); and sections 1901-A, 1917-A, 1920-A, 30 and 31 of The Administrative Code of 1929 (71 P. S. § § 510-1, 510-17, 510-20, 510-103 and 510-104), unless otherwise noted.
Source The provisions of this Chapter 78 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235, unless otherwise noted.
Cross References This chapter cited in 25 Pa. Code § 287.2 (relating to scope).
Subchapter A. GENERAL PROVISIONS
Sec.
78.1. Definitions.
78.2. Scope.
78.3. [Reserved].
78.4. [Reserved].
78.5. [Reserved].
78.6. [Reserved].§ 78.1. Definitions.
(a) The words and terms defined in section 103 of the act (58 P. S. § 601.103), section 2 of the Coal and Gas Resource Coordination Act (58 P. S. § 502), section 2 of the Oil and Gas Conservation Law (58 P. S. § 402), section 103 of the Solid Waste Management Act (35 P. S. § 6018.103) and section 1 of The Clean Stream Law (35 P. S. § 691.1), have the meanings set forth in those statutes when the terms are used in this chapter.
(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ActThe Oil and Gas Act (58 P. S. § § 601.101601.605).
Attainable bottomThe depth, approved by the Department, which can be achieved after a reasonable effort is expended to clean out to the total depth.
Casing seatThe depth to which the surface casing or coal protection casing is run. In wells without surface casing, the casing seat shall be equal to the depth of casing which is normal for wells in the area.
CementA mixture of materials for bonding or sealing that attains a 7-day maximum permeability of 0.01 millidarcies and a 24-hour compressive strength of at least 500 psi in accordance with applicable API standards and specifications.
Certified laboratoryA laboratory accredited by the Department under Chapter 252 (relating to laboratory accreditation).
Coal areaAn area that is underlain by a workable coal seam.
Coal protective casingA string of pipe which is installed in the well for the purpose of coal segregation and protection. In some instances the coal protective casing and the surface casing may be the same.
Deepest fresh groundwaterThe deepest fresh groundwater bearing formation penetrated by the wellbore as determined from drillers logs from the well or from other wells in the area surrounding the well or from historical records of the normal surface casing seat depths in the area surrounding the well, whichever is deeper.
Drill cuttingsRock cuttings and related mineral residues generated during the drilling of an oil or gas well.
Fresh groundwaterWater in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials.
Gas storage fieldA gas storage reservoir and all of the gas storage wells connected to the gas storage reservoir.
Gas storage reservoirThe portion of a subsurface geologic formation or rock strata used for or being tested for storage of natural gas that:(i) Has sufficient porosity and permeability to allow gas to be injected or withdrawn, or both.
(ii) Is bounded by strata of insufficient porosity or permeability, or both, to allow gas movement out of the reservoir.
(iii) Contains or will contain injected gas geologically or by pressure control.
Gas storage wellA well located and used in a gas storage reservoir for injection or withdrawal purposes, or an observation well.
GelA slurry of clay or other equivalent material and water at a ratio of not more than 7 barrels of water to each 100 pounds of clay or other equivalent matter.
Noncementing materialA mixture of very fine to coarse grained nonbonding materials, including unwashed crushed rock, drill cuttings, earthen mud or other equivalent material approved by the Department.
Noncoal areaAn area that is not underlain by a workable coal seam.
Nonporous materialNontoxic earthen mud, drill cuttings, fire clay, gel, cement or equivalent materials approved by the Department that will equally retard the movement of fluids.
Observation wellA well used to monitor the operational integrity and conditions in a gas storage reservoir, the reservoir protective area or strata above or below the gas storage horizon.
OwnerA person who owns, manages, leases, controls or possesses a well or coal property. For purposes of sections 203(a)(4) and (5) and 210 of the act (58 P. S. § § 601.203(a)(4) and (5) and 601.210), the term does not include those owners or possessors of surface real property on which the abandoned well is located who did not participate or incur costs in the drilling or extraction operation of the abandoned well and had no right of control over the drilling or extraction operation of the abandoned well. The term does not apply to orphan wells except where the Department determines a prior owner or operator benefited from the well as provided in section 210(a) of the act.
Perimeter areaAn area that begins at the outside coal boundaries of an operating coal mine and extends within 1000 feet beyond those boundaries or an area within 1000 feet beyond the mine permit boundaries of a coal mine already projected and permitted but not yet being operated.
Permanently cementedSurface casing or coal protective casing that is cemented until cement is circulated to the surface or is cemented with a calculated volume of cement necessary to fill the theoretical annular space plus 20% excess.
Private water supplyA water supply that is not a public water supply.
Production casingA string of pipe other than surface casing and coal protective casing which is run for the purpose of confining or conducting hydrocarbons and associated fluids from one or more producing horizons to the surface.
Public water supplyA water system that is subject to the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1721.17).
Reportable release of brineSpilling, leaking, emitting, discharging, escaping or disposing of one of the following:(i) More than 5 gallons of brine within a 24-hour period on or into the ground at the well site where the total dissolved solids concentration of the brine is equal or greater than 10,000 mg/l.
(ii) More than 15 gallons of brine within a 24-hour period on or into the ground at the well site where the total dissolved solids concentration of the brine is less than 10,000 mg/l.
RetrievableWhen used in conjunction with surface casing, coal protective casing or production casing, the casing that can be removed after exerting a prudent effort to pull the casing while applying a pulling force at least equal to the casing weight plus 5000 pounds or 120% of the casing weight, whichever is greater.
Seasonal high groundwater tableThe saturated condition in the soil profile during certain periods of the year. The condition can be caused by a slowly permeable layer within the soil profile and is commonly indicated by the presence of soil mottling.
SheenAn iridescent appearance on the surface of the water.
Soil mottlingIrregular marked spots in the soil profile that vary in color, size and number.
Surface casingA string of pipe which extends from the surface and that segregates and protects fresh groundwater and stabilizes the hole.
Tophole waterWater that is brought to the surface while drilling through the strata containing fresh groundwater and water that is fresh groundwater or water that is from a body of surface water. Tophole water may contain drill cuttings typical of the formation being penetrated but may not be polluted or contaminated by additives, brine, oil or man induced conditions.
Total depthThe depth to which the well was originally drilled, subsequently drilled or the depth to which it was plugged back in a manner approved by the Department.
TourA workshift in drilling of a well.
Water protection depthThe depth to a point 50 feet below the surface casing seat.
Water purveyorThe owner or operator of a public water supply.
Water supplyA supply of water for human consumption or use, or for agricultural, commercial, industrial or other legitimate beneficial uses.
Well operator or operatorThe person designated as the well operator or operator on the permit application or well registration. If a permit or registration was not issued, the term means a person who locates, drills, operates, alters or plugs a well or reconditions a well with the purpose of production therefrom. In cases where a well is used in connection with the underground storage of gas, the term also means a storage operator.
Well siteThe area occupied by the equipment or facilities necessary for or incidental to the drilling, production or plugging of a well.
Workable coal seamOne of the following:(i) A coal seam in fact being mined in the area in question under the act and this chapter by underground methods.
(ii) A coal seam which, in the judgment of the Department, reasonably can be expected to be mined by underground methods.
Authority The provisions of this § 78.1 amended under 27 Pa.C.S. § § 4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 78.1 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (276293) to (276297).
Cross References This section cited in 25 Pa. Code § 78.66 (relating to reporting releases).
§ 78.2. Scope.
This chapter specifies procedures and rules for the drilling, alteration, operation and plugging of oil and gas wells, and for the operation of a coal mine in the vicinity of an oil or gas well.
Source The provisions of this § 78.2 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (128367) to (128368).
§ 78.3. [Reserved].
Source The provisions of this § 78.3 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; reserved July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (128368) and (121567).
§ 78.4. [Reserved].
Source The provisions of this § 78.4 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; reserved July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial page (121567).
§ 78.5. [Reserved].
Source The provisions of this § 78.5 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; reserved July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial page (121567).
§ 78.6. [Reserved].
Source The provisions of this § 78.6 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; reserved July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial page (121567).
Subchapter B. PERMITS, TRANSFERS AND OBJECTIONS
PERMITS AND TRANSFERS Sec.
78.11. Permit requirements.
78.12. Compliance with permit.
78.13. Permit transfers.
78.14. Transfer of well ownership or change of address.
78.15. Application requirements.
78.16. Accelerated permit review.
78.17. Permit renewal.
78.18. Disposal and enhanced recovery well permits.
OBJECTIONS
78.21. Opportunity for objections and conferences; surface landowners.
78.22. Objections by owner or operator of coal mine.
78.23. Time for filing objections by owner or operator of coal mine.
78.24. Information to be provided with objections by owner or operator of coal mine.
78.25. Conferencesgeneral.
78.26. Agreement at conference.
78.27. Continuation of conference.
78.28. Final action if objections do not proceed to panel.
78.29. Composition of panel.
78.30. Jurisdiction of panel.
78.31. Scheduling of meeting by the panel.
78.32. Recommendation by the panel.
78.33. Effect of panel on time for permit issuance.
PERMITS AND TRANSFERS
§ 78.11. Permit requirements.
(a) No person may drill or alter a well unless that person has first obtained a permit from the Department.
(b) No person may operate a well unless one of the following conditions has been met:
(1) The person has obtained a permit under the act.
(2) The person has registered the well under the act.
(3) The well was in operation on April 18, 1985, under a permit that was obtained under the Gas Operations Well-Drilling Petroleum and Coal Mining Act (52 P. S. § § 2104, 2208, 2601 and 2602) (Repealed).
Source The provisions of this § 78.11 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.18 (relating to disposal and enhanced recovery well permits).
§ 78.12. Compliance with permit.
A person may not drill, alter or operate an oil or gas well except in accordance with a permit or registration issued under the act and in compliance with the terms and conditions of the permit, this chapter and the statutes under which it was promulgated. A copy of the permit shall be kept at the well site during drilling or alteration of a well.
Source The provisions of this § 78.12 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284. Immediately preceding text appears at serial page (138804).
§ 78.13. Permit transfers.
(a) No transfer, assignment or sale of rights granted under a permit or registration may be made without prior written approval of the Department. Permit transfers may be denied for the reasons set forth in section 201(e)(4) and (5) of the act (58 P. S. § 601.201(e)(4) and (5)).
(b) The Department may require the transferee to fulfill the drilling, plugging, well site restoration, water supply replacement and other requirements of the act, regardless of whether the transferor commenced the activity and regardless of whether the transferor failed to properly perform the transferors obligations under the act.
Source The provisions of this § 78.13 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.14. Transfer of well ownership or change of address.
(a) Within 30 days after the sale, assignment, transfer, conveyance or exchange of a well, the new owner or operator shall notify the Department, in writing, of the transfer of ownership.
(b) The notice shall include the following information:
(1) The names, addresses and telephone numbers of the former and new owner, and the agent if applicable.
(2) The well permit or registration number.
(3) The effective date of the transfer of ownership.
(4) An application for a well permit transfer if there is a change in the well operator.
(c) The permittee shall notify the Department of a change in address or name within 30 days of the change.
Source The provisions of this § 78.14 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234. Immediately preceding text appears at serial pages (193955) to (193956).
§ 78.15. Application requirements.
(a) An application for a well permit shall be submitted on forms furnished by the Department and contain the information required by the Department to evaluate the application.
(b) The permit application will not be considered complete until the applicant submits a complete and accurate plat, an approvable bond or other means of complying with section 215 of the act (58 P. S. § 601.215), the fee, proof of notification, necessary requests for variance or waivers or other documents required to be furnished by law or the Department. The person named in the permit shall be the same person named in the bond or other security.
Source The provisions of this § 78.15 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.16. Accelerated permit review.
In cases of hardship, an operator may request an accelerated review of a well permit application. For the purposes of this section, hardship includes cases where immediate action is necessary to protect public health or safety, to control pollution or to effect other environmental or safety measures, and extraordinary circumstances beyond the control of the operator. Permits issued shall be consistent with the requirements of the act.
Source The provisions of this § 78.16 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.17. Permit renewal.
An operator may request a 1-year renewal of a well permit. The request shall be accompanied by a permit fee, the surcharge required in section 601 of the act (58 P. S. § 601.601), and an affidavit affirming that the information on the original application is still accurate and complete, that the well location restrictions are still met and that the surface owners, coal owners and operators, gas storage operators, where the permit renewal is for a proposed well location within an underground gas storage reservoir or the reservoir protective area, and water supply owners within 1,000 feet have been notified of this request for renewal. The request shall be received by the Department at least 15 calendar days prior to the expiration of the original permit.
Source The provisions of this § 78.17 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (263008).
§ 78.18. Disposal and enhanced recovery well permits.
(a) A person may not drill a disposal or enhanced recovery well or alter an existing well to be a disposal or enhanced recovery well unless the person:
(1) Obtains a well permit under § 78.11 (relating to permit requirements).
(2) Submits with the well permit application a copy of the well permit, approved permit application and required related documentation submitted for the disposal or enhanced recovery well to the EPA under 40 CFR Part 146 (relating to underground injection control program).
(3) Submits a copy of a control and disposal plan for the disposal or enhanced recovery well and related facilities that meets the requirements of § 91.34 (relating to activities utilizing pollutants).
(4) Submits a copy of an erosion and sedimentation plan for the disposal or enhanced recovery well site that meets the requirements of Chapter 102 and § 78.53 (relating to erosion and sediment control; and erosion and sedimentation control).
(b) By December 18, 1995, an operator of disposal or enhanced recovery wells which were operating before December 18, 1995, shall submit to the Department a list of the operators disposal or enhanced recovery wells including:
(1) The Departments permit or registration number for each well on this list.
(2) The corresponding permit number issued to each well on this list by the EPA.
(c) A person who operates multiple well projects may submit one copy of the documents required under subsection (a) if the documents are applicable to the entire project.
Source The provisions of this § 78.18 adopted December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284.
OBJECTIONS
§ 78.21. Opportunity for objections and conferences; surface landowners.
(a) The surface landowner of the tract on which the proposed well is located may object to the well location based on the assertion that the well location violates section 205 of the act (58 P. S. § 601.205) or on the basis that the information in the application is untrue in a material respect, and request a conference under section 501 of the act (58 P. S. § 601.501).
(b) The objection and request for a conference shall be filed in writing with the Department within 15 calendar days of receipt of the plat by the surface landowner. The objection shall contain the following:
(1) The name, address and telephone number of the person submitting the objection.
(2) The name of the well operator, and the name and number of the proposed well.
(3) A statement of the objection and a request for a conference if a conference is being requested.
Source The provisions of this § 78.21 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.22. Objections by owner or operator of coal mine.
The owner or operator of an operating coal mine or a coal mine already projected and platted, but not yet being operated, may file written objections to a proposed well location with the Department if the following apply:
(1) The well, when drilled, would penetrate within the outside coal boundaries of such a mine or within 1,000 feet beyond the boundaries.
(2) In the opinion of the owner or operator, the well will unduly interfere with or endanger the mine or persons working in the mine.
Source The provisions of this § 78.22 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.25 (relating to conferencesgeneral).
§ 78.23. Time for filing objections by owner or operator of coal mine.
(a) A coal mine owner or operator who objects to a proposed gas well for financial considerations, and wishes to go before a panel with an objection over which the panel has jurisdiction, shall file objections to a proposed gas well within 10-calendar days of the receipt of the plat.
(b) A coal mine owner or operator who does not wish to go before a panel with an objection over which the panel has jurisdiction, or who is not raising financial objections to the proposed gas well, shall file objections to a proposed oil or gas well within 15 calendar days of the receipt of the plat.
Source The provisions of this § 78.23 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.24 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.25 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.30 (relating to jurisdiction of panel).
§ 78.26. Agreement at conference.
(a) If the parties reach an agreement at the conference, and if the Department approves the location, the Department will cause the agreement to be reduced to writing.
(b) If the Department does not reject the agreement within 10 calendar days after the agreement is reduced to writing, the agreement becomes effective.
(c) An agreement reached at the conference shall be consistent with the requirements of the act and applicable statutes. An agreement that is not in accordance with the act, the Coal and Gas Resource Coordination Act (58 P. S. § § 501518) and applicable law shall be deemed to be null and void.
Source The provisions of this § 78.26 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.27 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.25 (relating to conferencesgeneral).
§ 78.28. Final action if objections do not proceed to panel.
If the panel does not have jurisdiction of the objections, under § 78.30 (relating to jurisdiction of panel), or if the panel has jurisdiction but the parties choose not to proceed to a panel, the Department may proceed to issue or deny the permit, under sections 201 and 202 of the act (58 P. S. § § 601.201 and 601.202). No permit will be issued for a well at a location that in the opinion of the Department would endanger the safety of persons working in a coal mine.
Source The provisions of this § 78.28 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.29 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.30 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.24 (relating to information to be provided with objections by owner or operator of coal mine); 25 Pa. Code § 78.25 (relating to conferencesgeneral); 25 Pa. Code § 78.28 (relating to final action if objections do not proceed to panel); and 25 Pa. Code § 78.29 (relating to composition of panel).
§ 78.31. Scheduling of meeting by the panel.
The panel shall convene a meeting within 10-calendar days of the panel chairpersons receipt of a written request to do so by the permit applicant or by the objecting coal owner or operator.
Source The provisions of this § 78.31 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.32 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.25 (relating to conferencesgeneral).
§ 78.33. Effect of panel on time for permit issuance.
The period of time during which the objections are being considered by a full panel is not included in the 45-day period for the issuance or denial of a permit under section 201(e) of the act (58 P. S. § 601.201(e)).
Source The provisions of this § 78.33 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.25 (relating to conferencesgeneral).
Subchapter C. ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS Sec.
78.51. Protection of water supplies.
78.52. Predrilling or prealteration survey.
78.53. Erosion and sediment control.
78.54. General requirements.
78.55. Control and disposal plan.
78.56. Pits and tanks for temporary containment.
78.57. Control, storage and disposal of production fluids.
78.58. Existing pits used for the control, storage and disposal of production fluids.
78.59. [Reserved].
78.60. Discharge requirements.
78.61. Disposal of drill cuttings.
78.62. Disposal of residual wastepits.
78.63. Disposal of residual wasteland application.
78.64. Containment around oil tanks.
78.65. Site restoration.
78.66 Reporting releases.§ 78.51. Protection of water supplies.
(a) A well operator who affects a public or private water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply.
(b) A landowner, water purveyor or affected person suffering pollution or diminution of a water supply as a result of drilling, altering or operating an oil or gas well may so notify the Department and request that an investigation be conducted. The notice and request shall include the following:
(1) The name, address and telephone number of the person requesting the investigation.
(2) The type, location and use of the water supply.
(3) Available background quality and quantity data regarding the water supply, if known.
(4) Well depth, pump setting and water level, if known.
(5) A description of the pollution or diminution.
(c) Within 10 days of the receipt of the investigation request, the Department will investigate the claim and will, within 45 days of receipt of the request, make a determination. If the Department finds that pollution or diminution was caused by the drilling, alteration or operation activities or if it presumes the well operator responsible for polluting the water supply of the landowner or water purveyor under section 208(c) of the act (58 P. S. § 601.208(c)), the Department will issue orders to the well operator necessary to assure compliance with this section.
(d) The operator shall affirmatively demonstrate to the Departments satisfaction that the quality of the restored or replaced water supply to be used for human consumption is at least equal to the quality of the water supply before it was affected by the operator. If the quality of the water supply before it was affected by the operator cannot be affirmatively established, the operator shall demonstrate that the concentrations of substances in the restored or replaced water supply do not exceed the primary and secondary maximum contaminant levels established under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
(e) If the water supply is for uses other than human consumption, the operator shall demonstrate to the Departments satisfaction that the restored or replaced water supply is adequate for the purposes served by the supply.
(f) The oil or gas well operators duty to replace or restore a water supply includes providing plumbing, conveyance, pumping or auxiliary equipment and facilities necessary for the surface landowner or water purveyor to utilize the water supply.
(g) Tank trucks or bottled water are acceptable only as temporary water replacement for a period approved by the Department and do not relieve the operator of the obligation to provide a restored or replaced water supply.
(h) If the well operator and the landowner, water purveyor or affected person are unable to reach agreement on the means for restoring or replacing the water supply, the Department or either party may request a conference under section 501 of the act (58 P. S. § 601.501).
Source The provisions of this § 78.52 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (276305) to (276306).
Cross References The provisions of this § 78.53 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (266200).
Cross References This section cited in 25 Pa. Code § 78.18 (relating to disposal and enhanced recovery well permits); 25 Pa. Code § 78.57 (relating to control, storage and disposal of production fluids); 25 Pa. Code § 78.60 (relating to discharge requirements); 25 Pa. Code § 78.61 (relating to disposal of drill cuttings); 25 Pa. Code § 78.62 (relating to disposal of residual wastepits); and 25 Pa. Code § 78.63 (relating to disposal of residual wasteland application).
§ 78.54. General requirements.
The well operator shall control and dispose of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings in a manner that prevents pollution of the waters of this Commonwealth and in accordance with § § 78.5578.58 and 78.6078.63 and with the statutes under which this chapter is promulgated.
Source The provisions of this § 78.54 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.55 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References The provisions of this § 78.56 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (263009) to (263010) and (241901).
Cross References The provisions of this § 78.57 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.54 (relating to general requirements); 25 Pa. Code § 78.55 (relating to control and disposal plans); 25 Pa. Code § 78.56 (relating to pits and tanks for temporary containment); and 25 Pa. Code § 78.58 (relating to existing pits used for the control, storage and disposal of production fluids).
§ 78.58. Existing pits used for the control, storage and disposal of production fluids.
For pits in existence on July 29, 1989, the operator may request approval for an alternate method of satisfying the requirements of § 78.57(c)(2)(iii) (relating to control, storage and disposal of production fluids), the angle of slope requirements of § 78.57(c)(2)(v) and the liner requirement of § 78.57(c)(2)(vi)(viii) by affirmatively demonstrating to the Departments satisfaction, by the use of monitoring wells or other methods approved by the Department, that the pit is impermeable and that the method will provide protection equivalent or superior to that provided by § 78.57. The operator shall request approval under § 78.57(c)(1).
Source The provisions of this § 78.58 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.54 (relating to general requirements); 25 Pa. Code § 78.55 (relating to control and disposal plans); and 25 Pa. Code § 78.56 (relating to pits and tanks for temporary containment).
§ 78.59. [Reserved].
Source The provisions of this § 78.59 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (271914).
§ 78.60. Discharge requirements.
(a) The owner and operator may not cause or allow a discharge of a substance to the waters of this Commonwealth unless the discharge complies with this subchapter and Chapters 9193, 95 and 102, The Clean Streams Law (35 P. S. § § 691.1691.1001) and the act.
(b) The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:
(1) No additives, drilling muds, pollutional materials or drilling fluids other than gases or fresh water have been added to or are contained in the water, unless otherwise approved by the Department.
(2) The pH is not less than 6 nor greater than 9 standard units, or is characteristic of the natural background quality of the groundwater.
(3) The specific conductance of the discharge is less than 1,000 µmHos/cm.
(4) There is no sheen from oil and grease.
(5) The discharge water shall be spread over an undisturbed, vegetated area capable of absorbing the tophole water and filtering solids in the discharge, and spread in a manner that prevents a direct discharge to surface waters and complies with § 78.53 (relating to erosion and sedimentation control).
(6) Upon completion, the area complies with § 78.53.
(7) The area of land application is not within 200 feet of a water supply or within 100 feet of a stream, body of water or a wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. § 601.205(b)).
(8) If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.
Source The provisions of this § 78.60 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (271914) to (241905).
Cross References The provisions of this § 78.61 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241905) to (241907).
Cross References The provisions of this § 78.62 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241907) to (241909).
Cross References The provisions of this § 78.63 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241909) to (241911).
Cross References This section cited in 25 Pa. Code § 78.54 (relating to general requirements); 25 Pa. Code § 78.55 (relating to control and disposal plan); 25 Pa. Code § 78.56 (relating to pits and tanks for temporary containment); 25 Pa. Code § 78.57 (relating to control, storage and disposal of production fluids); and 25 Pa. Code § 78.61 (relating to disposal of drill cuttings).
§ 78.64. Containment around oil tanks.
(a) If an owner or operator uses a tank with a capacity of at least 660 gallons or tanks with a combined capacity of at least 1,320 gallons to contain oil produced from a well, the owner or operator shall construct and maintain a dike or other method of secondary containment which satisfies the requirements under 40 CFR 112 (relating to oil pollution prevention) around the tank or tanks which will prevent the tank contents from entering waters of this Commonwealth.
(b) The containment area provided by the dikes or other method of secondary containment shall have containment capacity sufficient to hold the volume of the largest single tank, plus a reasonable allowance for precipitation based on local weather conditions and facility operation.
(c) Prior to drainage of accumulated precipitation from containment structures, the containment area shall be inspected and accumulations of oil picked up and returned to the tank or disposed of in accordance with approved methods.
(d) After complying with subsection (c), drainage of containment facilities is acceptable if:
(1) The accumulation in the containment facility consists of only precipitation directly to the containment facility and drainage will not cause a harmful discharge or result in a sheen.
(2) The containment drain valve is opened and resealed, or other drainage procedure, as applicable, is conducted under responsible supervision.
Source The provisions of this § 78.66 adopted March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736.
Subchapter D. WELL DRILLING, OPERATION AND
PLUGGING
GENERAL Sec.
78.71. Use of safety deviceswell casing.
78.72. Use of safety devicesblow-out prevention equipment.
78.73. General provision for well construction and operation.
78.74. Venting of gas.
78.75. Alternative methods.
78.76. Drilling within a gas storage reservoir area.
78.77. Wells in a hydrogen sulfide area.
78.78 Pillar permit applications.
CASING AND CEMENTING
78.81. General provisions.
78.82. Use of conductor pipe.
78.83. Surface and coal protective casing and cementing procedures.
78.84. Casing standards.
78.85. Cement standards.
78.86. Defective casing or cementing.
78.87 Gas storage reservoir protective casing and cementing procedures.
PLUGGING
78.91. General provisions.
78.92. Wells in coal areassurface or coal protective casing is cemented.
78.93. Wells in coal areassurface or coal protective casing anchored with a packer or cement.
78.94. Wells in noncoal areassurface casing is not cemented or not present.
78.95. Wells in noncoal areassurface casing is cemented.
78.96. Marking the location of a plugged well.
78.97. Plugging a well stimulated with explosives.
78.98. Restricting surface water from the well bore.
INACTIVE STATUS
78.101. General provisions.
78.102. Criteria for approval of inactive status.
78.103. Annual monitoring of inactive wells.
78.104. Term of inactive status.
78.105. Revocation of inactive status.
RADIOACTIVE LOGGING SOURCES
78.111. Abandonment.
Cross References This subchapter cited in 25 Pa. Code § 78.401 (relating to storage well construction).
GENERAL
§ 78.71. Use of safety deviceswell casing.
(a) The operator shall equip the well with one or more strings of casing of sufficient length and strength to prevent blowouts, explosions, fires and casing failures during installation, completion and operation.
(b) The operator shall determine the amount and type of casing to be run and the amount and type of cement to be used in accordance with current prudent industry practices and engineering. In making the determinations, the operator shall consider the following:
(1) Successful local practices for similar wells.
(2) Maximum anticipated surface pressure.
(3) Collapse resistance.
(4) Tensile strength.
(5) Chemical environment.
(6) Potential mechanical damage.
(7) Manufacturing standards, including American Petroleum Institute or equivalent specifications for pipe used in wells drilled below the Onondaga formation or where blow-out preventers are required.
Source The provisions of this § 78.73 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.74. Venting of gas.
The venting of gas to the atmosphere from a well is prohibited when the venting produces a hazard to the public health and safety.
Source The provisions of this § 78.75 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241916) to (241917).
Cross References This section cited in 25 Pa. Code § 78.81 (relating to general provisions); 25 Pa. Code § 78.87 (relating to gas storage reservoir protective casing and cementing procedures); and 25 Pa. Code § 78.401 (relating to storage well construction).
§ 78.76. Drilling within a gas storage reservoir area.
(a) An operator proposing to drill a well within a gas storage reservoir area or a reservoir protective area to produce gas or oil shall forward by certified mail a copy of the well location plat, the drilling, casing and cementing plan and the anticipated date drilling will commence to the gas storage reservoir operator and shall submit proof of notification to the Department with the well permit application.
(b) The storage operator may file an objection with the Department to the drilling, casing and cementing plan or the proposed well location within 15 days of receipt of the notification and request a conference in accordance with section 501 of the act (58 P. S. § 601.501).
Source The provisions of this § 78.76 adopted December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (241917).
§ 78.77. Wells in a hydrogen sulfide area.
(a) An operator proposing to drill a well within a 1-mile radius of a well drilled to or through the same formation where hydrogen sulfide has been found while drilling shall install monitoring equipment during drilling at the well site to detect the presence of hydrogen sulfide in accordance with American Petroleum Institute publication RP49, Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide.
(b) When hydrogen sulfide is detected in concentrations of 20 ppm or greater, the well shall be drilled in accordance with American Petroleum Institute publication API RP49, Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide.
(c) An operator who operates a well in which hydrogen sulfide is discovered in concentrations of 20 ppm or greater shall operate the well in a way that presents no danger to human health or to the environment.
(d) When an operator discovers hydrogen sulfide in concentrations of 20 ppm or greater during the drilling of a well, the operator shall notify the Department and identify the location of the well and the concentration of hydrogen sulfide detected. The Department will maintain a list of all notices that will be available to operators for their reference.
Source The provisions of this § 78.77 adopted December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284.
§ 78.78. Pillar permit applications.
(a) The Department will use recommendations for coal pillar size and configuration set forth in the coal pillar study, listed in the Departments Coal Pillar Technical Guidance Number 550-2100-006 (October 31, 1998) and any updates or revisions, as a basis for approval or disapproval of coal pillar permit applications submitted by underground coal mine operators.
(b) Where proposed coal pillar size and configuration does not conform to the recommendations of the coal pillar study referenced in subsection (a), the underground coal mine operator may request Department approval for an alternate coal pillar size and configuration.
Source The provisions of this § 78.78 adopted March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736.
CASING AND CEMENTING
§ 78.81. General provisions.
(a) The operator shall conduct casing and cementing activities under this section and § § 78.8278.87 or an approved alternate method under § 78.75 (relating to alternative methods). The operator shall case and cement a well to accomplish the following:
(1) Allow effective control of the well at all times.
(2) Prevent the migration of gas or other fluids into sources of fresh groundwater.
(3) Pr