Pennsylvania Act 13 Frequently Asked Questions

Act 13 Frequently Asked Questions The purpose of this FAQ is to highlight changes in the new law. This FAQ should not be used in lieu of reference to the law itself. The information in this guidance is solely advisory and does not represent a legal interpretation by the department. Nothing in this summary shall affect any statutory requirements. General overview 1. Where can I view Act 13? Act 13 became law when Governor Corbett signed House Bill 1950 on Feb. 14, 2012. To view the legislation, click here.   2. What is a conventional gas well? A conventional gas well, also known as a traditional well, is a well that produces oil or gas from a conventional formation. Conventional formations are variable in age, occurring both above and below the Elk Sandstone. While a limited number of such gas wells are capable of producing sufficient quantities of gas without stimulation by hydraulic fracturing, most conventional wells require this stimulation technique due to the reservoir characteristics in Pennsylvania. Stimulation of conventional wells, however, generally does not require the volume of fluids typically required for unconventional wells.   3. What is an unconventional gas well?   4. What is a stripper well?   5. What does 'spud' mean?   6. I am a county, municipality or oil and gas operator and disagree with the spud data that is included on the spud report that DEP provided to the PUC. Who can I contact to resolve this matter?   7. Does Act 13 provide additional financial resources to assist DEP's regulatory oversight?   8. How does Act 13 affect local zoning of oil and gas activities?   9. I am a conventional driller. How does Act 13 affect me? Permitting, notifications, bonding and reporting Back to top 1. Does Act 13 change how operators report spudding a well to DEP?   2. Does Act 13 change how DEP issues permits?   3. How do municipalities and gas storage reservoir operators comment on proposed drilling activity?   4. Who must obtain a water management plan?   5. Have bonding amounts changed?   6. Have well record reporting requirements changed?   7. Have completion reporting requirements changed?   8. Does Act 13 change the method for providing notice of the plat to certain parties as part of the well permit application process?   9. Does Act 13 change the persons required to be provided notice of the plat via certified mail as part of the well permit application process?   10. Which municipalities are considered to be "adjacent" for purposes of providing notice of the plat via certified mail as part of the well permit application process? Environmental protections and setbacks Back to top 1. When do the environmental provisions set forth by the law become effective?   2. Do the provisions of Act 13 change disclosure requirements of hydraulic fracturing chemicals?   3. Are there new setback provisions?   4. How does Act 13 affect development of well sites in floodplains?   5. Are any well pad sites "grandfathered" from the new well location requirements?   6. When must operators restore a well site?   7. What happens if drilling impacts water supplies?   8. What are the new corrosion control requirements?   9. Are there new containment requirements?   10. Do unconventional well operators have to keep records concerning the transportation of waste? Inspections and enforcements Back to top 1. Does Act 13 change how DEP responds to well control emergencies?   2. Are there any changes to penalties? Containment for unconventional wells Back to top 1. If an operator employs overall well site containment, is localized containment still necessary?   2. When does the drilling operation officially begin for the purposes of this section?   3. When does the drilling operation officially end for the purposes of this section?   4. When does the hydraulic fracturing operation officially begin for the purposes of this section?   5. When does the hydraulic fracturing operation officially end for the purposes of this section?   6. Would containment need to be provided on the unconventional well site for plugging operations?   7. What specifically does "sufficiently impervious" mean?   8. What are the specific compatibility standards for containment systems?   9. Will a comprehensive containment plan have to be submitted for each individual well site or will operators be able to submit a master containment plan?   10. Will the Department approve containment plans? When should the containment plan be submitted?   11. What minimum requirements must the containment plan contain?   12. What is the difference between a containment system and a containment practice?   13. What are some specific examples of containment systems?   14. What are some examples of containment practices?   15. Do the containment requirements of this section apply to drilling pits, frac pits or impoundments, or centralized impoundments?   16. What are the capacity requirements for containment areas, pits and impoundments?

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