THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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.

(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

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

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,

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

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

(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

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

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

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

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.