Bill Text: PA HB2701 | 2011-2012 | Regular Session | Introduced

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Bill Title: In development, further providing for definitions and for well location restrictions.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Introduced - Dead) 2012-10-17 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2701 Detail]

Download: Pennsylvania-2011-HB2701-Introduced.html

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PRINTER'S NO. 4278
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2701 Session of2012
INTRODUCED BY MARSHALL, MATZIE, BROOKS, CALTAGIRONE, DALEY, GIBBONS, GOODMAN, GRELL, HESS, MURT, O'NEILL, SWANGER AND BOBACK, OCTOBER 17, 2012
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 17, 2012
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for definitions
and for well location restrictions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3203 and 3215(a) and (b) of Title 58 of
the Pennsylvania Consolidated Statutes, added February 14, 2012
(P.L.87, No.13), are amended to read:
§ 3203. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned well." Any of the following:
(1) A well:
(i) that has not been used to produce, extract or
inject any gas, petroleum or other liquid within the
preceding 12 months;
(ii) for which equipment necessary for production,
extraction or injection has been removed; or
(iii) considered dry and not equipped for production
within 60 days after drilling, redrilling or deepening.
(2) The term does not include wells granted inactive
status.
"Additive." A hydraulic fracturing chemical.
"Alteration." An operation which changes the physical
characteristics of a well bore, including stimulation or
removing, repairing or changing the casing. For the purpose of
this chapter only, the term does not include:
(1) Repairing or replacing of the casing if the activity
does not affect the depth or diameter of the well bore, the
use or purpose of the well does not change and the activity
complies with regulations promulgated under this chapter,
except that this exclusion does not apply:
(i) to production casings in coal areas when the
production casings are also the coal protection casings;
or
(ii) when the method of repairing or replacing the
casing would affect the coal protection casing.
(2) Stimulation of a well.
"Board." The Oil and Gas Technical Advisory Board.
"Bridge." An obstruction placed in a well at any depth.
"Building." An occupied structure with walls and roof within
which persons live or customarily work.
"Casing." A string or strings of pipe commonly placed in
wells drilled for natural gas or petroleum.
"Cement" or "cement grout." Any of the following:
(1) Hydraulic cement properly mixed with water only.
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(2) A mixture of materials adequate for bonding or
sealing of well bores as approved by regulations promulgated
under this chapter.
"Chemical." Any element, chemical compound or mixture of
elements or compounds that has its own specific name or
identity, such as a chemical abstract service number.
"Chemical Disclosure Registry." The chemical registry
Internet website developed by the Ground Water Protection
Council and the Interstate Oil and Gas Compact Commission or
their successor organizations.
"Chemical family." A group of chemicals that share similar
chemical properties and have a common general name.
"Coal mine." Any of the following:
(1) Operations in a coal seam, including excavated
portions, abandoned portions and places actually being
worked.
(2) Underground workings and shafts, slopes, tunnels and
other ways and openings, including those which are in the
course of being sunk or driven, along with all roads and
facilities connected with them below the surface.
"Coal operator." A person that operates or proposes to
operate a coal mine as an owner or lessee.
"Completion of a well." The date after treatment, if any,
that the well is properly equipped for production of oil or gas,
or, if the well is dry, the date that the well is abandoned.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Drilling." The drilling or redrilling of a well or the
deepening of an existing well.
"Fresh groundwater." Water in that portion of the generally
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recognized hydrologic cycle which occupies the pore spaces and
fractures of saturated subsurface materials.
"Gas." Any of the following:
(1) A fluid, combustible or noncombustible, which is
produced in a natural state from the earth and maintains a
gaseous or rarified state at standard temperature of 60
degrees Fahrenheit and pressure 14.7 PSIA.
(2) Any manufactured gas, by-product gas or mixture of
gases or natural gas liquids.
"Health professional." A physician, physician assistant,
nurse practitioner, registered nurse or emergency medical
technician licensed by the Commonwealth.
"High quality or exceptional value waters." Surface waters
of high quality which satisfy one of the conditions specified in
25 Pa. Code § 93.4b (relating to qualifying as high quality or
exceptional value waters).
"Hydraulic fracturing chemical." Any chemical substance or
combination of substances, including any chemicals and
proppants, that is intentionally added to a base fluid for
purposes of preparing a stimulation fluid for use in hydraulic
fracturing.
"Inactivate." To shut off the vertical movement of gas in a
gas storage well by means of a temporary plug or other suitable
device or by injecting bentonitic mud or other equally nonporous
material into the well.
"Linear foot." A unit or measurement in a straight line on a
horizontal plane.
"Natural gas liquids." Hydrocarbons in natural gas which are
separated from the gas as liquids through the process of
absorption, condensation, adsorption or other methods in gas
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processing of cycling plants.
"Oil." Hydrocarbons in liquid form at standard temperature
of 60 degrees Fahrenheit and pressure 14.7 PSIA, also referred
to as petroleum.
"Operating coal mine." Any of the following:
(1) An underground coal mine which is producing coal or
has been in production of coal at any time during the 12
months immediately preceding the date its status is put in
question, including contiguous worked-out or abandoned coal
mines to which it is connected underground.
(2) An underground coal mine to be established or
reestablished under paragraph (1).
"Operating well." A well that is not plugged and abandoned.
"Operator." A well operator.
"Orphan well." A well abandoned prior to April 18, 1985,
that has not been affected or operated by the present owner or
operator and from which the present owner, operator or lessee
has received no economic benefit other than as a landowner or
recipient of a royalty interest from the well.
"Outside coal boundaries." When used in conjunction with the
term "operating coal mine," the boundaries of the coal acreage
assigned to the coal mine under an underground mine permit
issued by the Department of Environmental Protection.
"Owner." A person who owns, manages, leases, controls or
possesses a well or coal property. The term does not apply to
orphan wells, except where the Department of Environmental
Protection determines a prior owner or operator benefited from
the well as provided in section 3220(a) (relating to plugging
requirements).
"Person." An individual, association, partnership,
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corporation, political subdivision or agency of the Federal
Government, State government or other legal entity.
"Petroleum." Hydrocarbons in liquid form at standard
temperature of 60 degrees Fahrenheit and pressure 14.7 PSIA,
also referred to as oil.
"Pillar." A solid block of coal surrounded by either active
mine workings or a mined-out area.
"Plat." A map, drawing or print accurately drawn to scale
showing the proposed or existing location of a well or wells.
"Reservoir protective area." The area surrounding a storage
reservoir boundary, but within 2,000 linear feet of the storage
reservoir boundary, unless an alternate area has been designated
by the Department of Environmental Protection, which is deemed
reasonably necessary to afford protection to the reservoir,
under a conference held in accordance with section 3251
(relating to conferences).
"Retreat mining." Removal of coal pillars, ribs and stumps
remaining after development mining has been completed in that
section of a coal mine.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Storage operator." A person who operates or proposes to
operate a storage reservoir as an owner or lessee.
"Storage reservoir." That portion of a subsurface geological
stratum into which gas is or may be injected for storage
purposes or to test suitability of the stratum for storage.
"Unconventional formation." A geological shale formation
existing below the base of the Elk Sandstone or its geologic
equivalent stratigraphic interval where natural gas generally
cannot be produced at economic flow rates or in economic volumes
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except by vertical or horizontal well bores stimulated by
hydraulic fracture treatments or by using multilateral well
bores or other techniques to expose more of the formation to the
well bore.
"Unconventional well." A bore hole drilled or being drilled
for the purpose of or to be used for the production of natural
gas from an unconventional formation.
"Water management plan." A plan associated with drilling or
completing a well in an unconventional formation that
demonstrates that the withdrawal and use of water sources
protects those sources as required by law and protects public
health, safety and welfare.
"Water purveyor." Any of the following:
(1) The owner or operator of a public water system as
defined in section 3 of the act of May 1, 1984 (P.L.206,
No.43), known as the Pennsylvania Safe Drinking Water Act.
(2) Any person subject to the act of June 24, 1939
(P.L.842, No.365), referred to as the Water Rights Law.
"Water source."
(1) Any of the following:
(i) Waters of this Commonwealth.
(ii) A source of water supply used by a water
purveyor.
(iii) Mine pools and discharges.
(iv) Any other waters that are used for drilling or
completing a well in an unconventional formation.
(2) The term does not include flowback or production
waters or other fluids:
(i) which are used for drilling or completing a well
in an unconventional formation; and
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(ii) which do not discharge into waters of this
Commonwealth.
"Well." A bore hole drilled or being drilled for the purpose
of or to be used for producing, extracting or injecting gas,
petroleum or another liquid related to oil or gas production or
storage, including brine disposal, but excluding a bore hole
drilled to produce potable water. The term does not include a
bore hole drilled or being drilled for the purpose of or to be
used for:
(1) Systems of monitoring, producing or extracting gas
from solid waste disposal facilities, if the bore hole is a
well subject to the act of July 7, 1980 (P.L.380, No.97),
known as the Solid Waste Management Act, which does not
penetrate a workable coal seam.
(2) Degasifying coal seams, if the bore hole is:
(i) used to vent methane to the outside atmosphere
from an operating coal mine; regulated as part of the
mining permit under the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, and the act of
May 31, 1945 (P.L.1198, No.418), known as the Surface
Mining Conservation and Reclamation Act; and drilled by
the operator of the operating coal mine for the purpose
of increased safety; or
(ii) used to vent methane to the outside atmosphere
under a federally funded or State-funded abandoned mine
reclamation project.
"Well control emergency." An incident during drilling,
operation, workover or completion that, as determined by the
Department of Environmental Protection, poses a threat to public
health, welfare or safety, including a loss of circulation
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fluids, kick, casing failure, blowout, fire and explosion.
"Well control specialist." Any person trained to respond to
a well control emergency with a current certification from a
well control course accredited by the International Association
of Drilling Contractors or other organization approved by the
Department of Environmental Protection.
"Well operator." Any of the following:
(1) The person designated as operator or well operator
on the permit application or well registration.
(2) If a permit or well registration was not issued, a
person who locates, drills, operates, alters or plugs a well
or reconditions a well with the purpose of production from
the well.
(3) If a well is used in connection with underground
storage of gas, a storage operator.
"Wetland." Areas inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support,
and which normally support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps,
marshes, bogs and similar areas.
"Workable coal seams." A coal seam which:
(1) is actually being mined in the area in question
under this chapter by underground methods; or
(2) in the judgment of the Department of Environmental
Protection, can reasonably be expected to be mined by
underground methods.
§ 3215. Well location restrictions.
(a) [General rule] Proximity and variance.--
(1) Wells may not be drilled within 200 feet, or, in the
case of an unconventional gas well, 500 feet, measured
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horizontally from the vertical well bore to a building or
water well, existing when the copy of the plat is mailed as
required by section 3211(b) (relating to well permits)
without written consent of the owner of the building or water
well.
(2) [Unconventional] Except as otherwise provided in
paragraph (3), unconventional gas wells may not be drilled
within 1,000 feet measured horizontally from the vertical
well bore to any existing water well, surface water intake,
reservoir or other water supply extraction point used by a
water purveyor without the written consent of the water
purveyor.
(3) Unconventional gas wells may not be drilled within
5,000 feet from a reservoir used by a water purveyor and fed
by a stream of high quality or exceptional value waters as
its primary source without the written consent of the water
purveyor.
(4) If consent required under paragraph (2) or (3), as
applicable, is not obtained and the distance restriction
would deprive the owner of the oil and gas rights of the
right to produce or share in the oil or gas underlying the
surface tract, the well operator [shall] may be granted a
variance from the distance restriction upon submission of a
plan identifying the additional measures, facilities or
practices as prescribed by the department to be employed
during well site construction, drilling and operations.
(5) The variance shall include additional terms and
conditions required by the department to ensure safety and
protection of affected persons and property, including
insurance, bonding, indemnification and technical
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requirements.
(6) Notwithstanding section 3211(e), if a variance
request has been submitted, the department may extend its
permit review period for up to 15 days upon notification to
the applicant of the reasons for the extension.
(b) Limitation.--
(1) No well site may be prepared or well drilled within
100 feet or, in the case of an unconventional well, 300 feet
from the vertical well bore or 100 feet from the edge of the
well site, whichever is greater, measured horizontally from
any solid blue lined stream, spring or body of water as
identified on the most current 7 1/2 minute topographic
quadrangle map of the United States Geological Survey.
(2) The edge of the disturbed area associated with any
unconventional well site must maintain a 100-foot setback
from the edge of any solid blue lined stream, spring or body
of water as identified on the most current 7 1/2 minute
topographic quadrangle map of the United States Geological
Survey.
(3) No unconventional well may be drilled within 300
feet of any wetlands greater than one acre in size, and the
edge of the disturbed area of any well site must maintain a
100-foot setback from the boundary of the wetlands.
(4) The department [shall] may waive the distance
restrictions upon submission of a plan identifying additional
measures, facilities or practices to be employed during well
site construction, drilling and operations necessary to
protect the waters of this Commonwealth. The waiver, if
granted, shall include additional terms and conditions
required by the department necessary to protect the waters of
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this Commonwealth. Notwithstanding section 3211(e), if a
waiver request has been submitted, the department may extend
its permit review period for up to 15 days upon notification
to the applicant of the reasons for the extension.
* * *
Section 2. This act shall take effect immediately.
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