Also on the agenda is a rulemaking petition to redesignate Shades Creek Watershed in Luzerne County from High Quality to Exceptional Value and presentation of fee reports for the Water and Wastewater Systems Operators’ Certification Program and the Radiation Protection Program.
Setback Petition
On October 22, 2024, the Clean Air Council and Environmental Integrity Project submitted a 358-page rulemaking petition to increase setbacks from shale gas wells from 500 feet to a minimum of 3,281 feet from buildings and drinking water wells, 5,280 feet from schools, daycares and hospitals and 750 feet from any surface water. Read more here.
In November, 2024, DEP announced it had determined the petition meets the initial criteria to be considered by the Board for study, including that the Board has the statutory authority to adopt a regulation setting more protective setbacks from shale gas wells.
In March, 2025, DEP said it would recommend the Board accept the petition for study, but at the same time said, “the recommendation does not infer a rulemaking ultimately will be developed.” Read more here.
In April, 2025, the EQB Tabled discussion of the petition to allow further review of information submitted to the Board at the last minute by the shale gas industry. Read more here.
In September, 2025, the EQB adjourned without discussing the setback petition that was on the agenda as well as two other oil and gas industry rulemaking petitions. Read more here.
The question before the Board at this meeting is to consider a motion to take the discussion of the petition off the Table and, if successful, to consider whether to accept the petition for study.
If it is accepted for study, DEP will come back to the Board with its analysis of the petition and any recommendations it has for changing or not changing the setback distances.
Processing Of Oil & Gas Wastewater
On July 24, 2025, the Marcellus Shale Coalition submitted a rulemaking petition to the Department to change DEP’s Chapter 78a.58(a) regulations to “allow fluids from various oil and gas operations to be processed and stored at the site at which they are produced, at the well site where they are used or at a well site from which they are distributed to other wells sites for use in stimulating wells at those other sites.”
The other provisions of 25 PaCode Chapter 78a.58 (b through h) would remain the same.
If the change was adopted, the regulation would allow the driller to set up oil and gas wastewater and mine influenced water processing and storage facilities at any well site taking wastewater from any other well site to be processed and/or stored and then taken to any other well site for reuse.
DEP has reviewed the petition and found it meets the initial criteria for acceptability and recommends the Board accept the petition for further study.
This recommendation does not imply a change in regulations will ultimately be developed.
The question before the Board is whether to accept the petition for study.
Oil & Gas Well Plugging Attainable Bottom
On April 23, 2025, the Department received a rulemaking petition submitted by the Marcellus Shale Coalition, the Pennsylvania Coal Alliance, and the Pennsylvania Independent Oil and Gas Association.
This petition requests the Board promulgate a rulemaking to “clarify how attainable bottom is determined and how plugging [of wells] should proceed from that point.”
Discussion of “attainable bottom” has been going on for years with the conventional oil and gas industry which has disagreed with DEP’s definition that uses a set of criteria for determining when a well owner has cleaned out enough of a well being plugged to assure it can be successfully plugged to stop the flow of fluids and gas.
DEP has reviewed the petition and found it meets the initial criteria for acceptability and recommends the Board accept the petition for further study.
This recommendation does not imply a change in regulations will ultimately be developed.
The question before the Board is whether to accept the petition for study.
Electronic Shale Gas Pad Emergency Plans
On September 23, 2025, the Department received a rulemaking petition submitted by the Marcellus Shale Coalition that requests the Board promulgate a rulemaking to allow for well operators to maintain Preparedness, Prevention and Contingency (PPC) plans electronically to provide for “frequent updates and easier access and utilization of records in electronic format on site.
DEP has reviewed the petition and found it meets the initial criteria for acceptability and recommends the Board accept the petition for further study.
This recommendation does not imply a change in regulations will ultimately be developed.
The question before the Board is whether to accept the petition for study.
Shades Creek Watershed
On October 13, 2025, the Delaware Riverkeeper Network, Natural Lands, and North Pocono Citizens Alert Regarding the Environment submitted a petition for rulemaking to the the Department requesting to change the designation of the entire Shades Creek Watershed from the headwaters to the mouth and including all tributaries in Bear Creek and Buck Townships, Luzerne County from High Quality (HQ) to Exceptional Value (EV).
DEP has reviewed the petition and found it meets the initial criteria for acceptability and recommends the Board accept the petition for further study.
This recommendation does not imply a change in regulations will ultimately be developed.
The question before the Board is whether to accept the petition for study.
Water/Wastewater Operator Fees
DEP provided a copy of the Three-Year Regulatory Fee and Program Cost Analysis Report to the Board for its review for the Water and Wastewater Operator Certification Program.
DEP recommends no changes to the fees and believes the current fees will be adequate to support the current program for the next three years.
Radiation Protection Fees
DEP provided a copy of the Three-Year Regulatory Fee and Program Cost Analysis Report to the Board for its review for the Radiation Protection Program covering x-ray machines, particle accelerators, radioactive material users and radon-related labs and business.
DEP recommends changes to the fees in the program because it is facing revenue shortfalls in the next three years.
Join The Meeting
The Board will meet in Room 105 of the Rachel Carson Building in Harrisburg starting at 9:00 a.m.
Click Here to join the meeting online via Microsoft Teams. The meeting is also available by telephone: (267) 332-8737 Access Code: 599 546 665#
For available handouts and more information, visit the Environmental Quality Board webpage. Questions should be directed to Laura Griffin, Regulatory Coordinator, laurgriffi@pa.gov or (717) 772-3277.
(Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.)
Resource Links:
— 500 Feet Isn’t Enough – House Hearing I: Shale Gas Industry Says Setbacks Won’t Protect Residents, Public Health, Environment From Shale Gas Operations, Only ‘Rigorous Oversight’ Will; Standards Have Not Changed In 9 Years [PaEN]
— 500 Feet Isn’t Enough- House Hearing II: As A Township Supervisor We Have An Obligation To Protect The Health, Safety And Welfare Of Our Township Residents From Shale Gas Development [PaEN]
— 500 Feet Isn’t Enough – House Hearing III: What It’s Really Like Living Next To A Shale Gas Well Pad – Nosebleeds, Headaches, Nausea, Air Pollution, Vibrating House, Sleepless Nights, Anxiety, Truck Traffic [PaEN]
Related Articles This Week:
— DEP Settlement With Energy Transfer/Sunoco, Atlantic Richfield Imposes $3.3 Million Penalty, Including $1 Million Community Improvement Projects For Polluting Allegheny River [PaEN]
— DEP To Host Dec. 8 Virtual Update On Response To Energy Transfer/Sunoco Pipeline Leak In Upper Makefield Twp., Bucks County [PaEN]
NewsClip:
— Pittsburgh Business Times: Energy Transfer/Sunoco, Atlantic Richfield To Pay $3.3 Million Penalty For Decades Of Oil Pollution In Allegheny River
[Posted: November 25, 2025] PA Environment Digest