Bill Text: PA HB1565 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions; and providing for chemical analysis of recycled wastewater during storage, for chemical analysis of wastewater generated by oil and gas activities and for electronic tracking of wastewater from oil and gas activities.

Spectrum: Moderate Partisan Bill (Democrat 27-6)

Status: (Introduced - Dead) 2011-05-23 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1565 Detail]

Download: Pennsylvania-2011-HB1565-Introduced.html

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PRINTER'S NO. 1927
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1565 Session of2011
INTRODUCED BY GEORGE, HANNA, SANTARSIERO, BOBACK, BRIGGS, V. BROWN, CALTAGIRONE, CARROLL, CONKLIN, D. COSTA, DEASY, DeLUCA, DePASQUALE, FABRIZIO, HARHAI, HESS, HORNAMAN, JOSEPHS, KORTZ, KULA, MAHONEY, MUNDY, MURPHY, MURT, M. O'BRIEN, PASHINSKI, REICHLEY, SCHRODER, STABACK, STURLA, VITALI, WAGNER AND WATSON, MAY 23, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 23, 2011
AN ACT
Amending the act of December 19, 1984 (P.L.1140, No.223),
entitled "An act relating to the development of oil and gas
and coal; imposing duties and powers on the Department of
Environmental Resources; imposing notification requirements
to protect landowners; and providing for definitions, for
various requirements to regulate the drilling and operation
of oil and gas wells, for gas storage reservoirs, for various
reporting requirements, including certain requirements
concerning the operation of coal mines, for well permits, for
well registration, for distance requirements, for well casing
requirements, for safety device requirements, for storage
reservoir obligations, for well bonding requirements, for a
Well Plugging Restricted Revenue Account to enforce oil and
gas well plugging requirements, for the creation of an Oil
and Gas Technical Advisory Board, for oil and gas well
inspections, for enforcement and for penalties," further
providing for definitions; and providing for chemical
analysis of recycled wastewater during storage, for chemical
analysis of wastewater generated by oil and gas activities
and for electronic tracking of wastewater from oil and gas
activities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "department" in section 103 of
the act of December 19, 1984 (P.L.1140, No.223), known as the
Oil and Gas Act, is amended and the section is amended by adding
definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Brine." Water with a total dissolved solid concentration of
35,000 milligrams per liter or greater.
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
* * *
"Facility." A facility that treats, processes and discharges
wastewater into the waters of the Commonwealth. The term shall
include a wastewater treatment facility, municipal treatment
facility, industrial waste treatment facility, solid waste
management facility, sewage treatment facility and publicly
owned treatment works.
"Flowback water." A water mixture of fresh water, top hole
fluids, chemical additives, drilling muds, cuttings, formation
water, saline and brine water that is produced when the
hydraulic fracturing process is complete and the direction of
fluid flow reverses to the surface.
* * *
"Oil and gas activities." The term shall include fracturing,
production, field exploration, drilling or completion of natural
gas wells.
* * *
"Production water." Water present in unconventional shale
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formations that flows through a well during oil and gas
production.
"Public water supplier." A person who owns or operates a
public water system.
* * *
"Unconventional shale formation." A shale formation that
typically produces natural gas through high volume hydraulic
fracturing or horizontal well bores or other unconventional
stimulation processes. The term shall include the Rhinestreet,
Burkett, Marcellus, Mandata and Utica Shale formations and any
other formations designated by the Department of Environmental
Protection.
"Wastewater." Water that is generated as a result of oil and
gas activities targeting unconventional shale formations. The
term shall include brine, saline, connate, flowback water and
production water.
"Water supply." A supply of water for human consumption or
use, or for agricultural, commercial, industrial or other
legitimate beneficial use.
"Waters of the Commonwealth." As defined in the act of June
22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
* * *
Section 2. Section 206(e) of the act is amended to read:
Section 206. Well site restoration.
* * *
(e) Restoration activities required by this act or in
regulations promulgated hereunder shall also comply with all
applicable provisions of The Clean Streams Law and shall comply
with the background standards for environmental cleanup pursuant
to section 302 of the act of May 19, 1995 (P.L.4, No.2), known
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as the Land Recycling and Environmental Remediation Standards
Act.
Section 3. Section 208 of the act is amended by adding a
subsection to read:
Section 208. Protection of water supplies.
* * *
(a.1) A well operator shall notify the department and the
public water supplier or private water well owner within 24
hours of any possible pollution or contamination to the water
supply as a result of oil and gas activities taking place. The
public water supplier shall notify the public within 12 hours
after receipt of notice from the well operator. The public water
supplier shall notify the public through appropriate broadcast
media such as radio or television and through hand delivery of
notices to persons served by the public water supplier. The
content of the public notice shall contain all pertinent
information required pursuant to 25 Pa. Code § 109.411 (relating
to content of a public notice).
* * *
Section 4. The act is amended by adding sections to read:
Section 208.1. Chemical analysis of equipment and recycled
wastewater during storage.
(a) In addition to the wastewater source reduction strategy
required under 25 Pa. Code Ch. 95 (relating to wastewater
treatment requirements), a well operator shall perform a
chemical analysis on the following:
(1) All equipment used in the transporting of wastewater
to a facility or well site or storage of recycled wastewater.
(2) All recycled wastewater held in storage tanks and
holding ponds or transported through pipes to a well site for
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reuse.
(b) The analysis shall be completed by a certified
laboratory and, at a minimum, test for chemicals, chemical
compounds, radioactive isotopes or decay products, including
Radium 226, Thorium, Radium 228, Uranium, Gross Alpha, Gross
Beta and Benzene. Testing shall also be conducted for glycols
and regulated volatile organic compounds, plus elements or
parameters specific to the formation and the chemicals utilized
in the hydraulic fracturing process.
(c) A well operator shall submit a copy of the analyses to
the department on forms prepared by the department and keep a
copy of the analyses at the well site.
Section 208.2. Chemical analysis of wastewater generated by oil
and gas activities.
(a) A facility that possesses or is seeking a National
Pollutant Discharge Elimination System permit, under 25 Pa. Code
Ch. 92a (relating to national pollution discharge elimination
system permitting, monitoring and compliance) shall perform a
detailed chemical analysis on all wastewater received that is
generated from oil and gas activities targeting unconventional
shale formations. The analysis shall be conducted by a certified
laboratory after treatment and prior to discharge into the
waters of the Commonwealth.
(b) The analysis shall include the following:
(1) Available information from material safety data
sheets or similar sources that may help characterize the
chemical composition of the wastewater.
(2) At a minimum, the levels of naturally occurring
radioactive materials such as Radium 226, Thorium, Radium
228, Uranium, Gross Alpha, Gross Beta and Benzene. Testing
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shall be conducted for glycols and regulated volatile organic
compounds, plus elements or parameters specific to the
formation and the chemicals utilized in the hydraulic
fracturing process.
(3) Information gathered from testing for treatment
plant sludge and residuals for accumulation of trace elements
and radionuclides.
(4) A determination of whether the wastewater contains
hazardous waste as defined under 25 Pa. Code Ch. 261(a)
(relating to identification and listing of hazardous waste)
and 40 C.F.R. Part 261 (relating to identification and
listing of hazardous waste).
(5) A copy of the annual chemical analysis report
submitted by the generator of the wastewater to the
department pursuant to 25 Pa. Code Ch. 287.54 (relating to
chemical analysis of waste) and additional parameters that
are specific to the waste stream and as established during
the department's review and permitting process.
(c) A facility shall submit a copy of the analysis
determination and a record of the laboratory's quality control
procedures to the department on forms prepared by the
department.
(d) A record of the documents required under subsection (c)
shall be kept on the facility's premises and shall be available
to the department for inspection.
(e) All wastewater treated by a facility shall meet
applicable water quality standards consistent with the Clean
Water Act (Public Law 92-500, 33 U.S.C. § 1251 et seq.), the
Safe Drinking Water Act (Public Law 93-523, 21 U.S.C. § 349 and
42 U.S.C. §§ 201 and 300f et seq.) and the act of May 1, 1984
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(P.L.206, No.43), known as the Pennsylvania Safe Drinking Water
Act.
(f) The department shall promulgate regulations necessary to
meet the requirements of this section.
Section 208.3. Electronic tracking of wastewater from oil and
gas activities.
Within 180 days of the effective date of this section, the
department shall establish an online electronic tracking system
for the reporting and tracking of storage, transportation and
disposal of wastewater from oil and gas activities targeting
unconventional shale formations. The tracking system shall be
readily accessible online by the department and the public, and
allow for tracking of the amount, type and location of all such
wastewater on a daily basis through the use of tracking numbers
unique to each transport unit. The tracking system shall require
all persons who generate, store, transport or dispose of such
wastewater to record and provide information to the tracking
system necessary to track the amount, type and location of all
such wastewater on a daily basis, from generation to ultimate
disposal.
Section 5. This act shall take effect in 60 days.
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