American Oil and Gas Reporter - August 2015 - 20

IndustryDigest
Ohio DNR Releases
Final Well Pad Rule

COLUMBUS, OH.-The Ohio
Division of Natural Resources in July
implemented new regulations for
designing and constructing horizontal
well pads that add extensive review and
certification requirements.
In addressing the proposed rules at
the Ohio Oil & Gas Association's
winter meeting in March, OOGA
Technical Committee Chairman Jody
Jones said the association's primary
concern was the extra cost and delay
resulting from a requirement that plans
be reviewed and certified by a
professional engineer (AOGR, April
2015, pg. 161).
OOGA Executive Vice President
Shawn Bennett confirms that the rules
are the result of numerous meetings
between ODNR and interested parties.
"While through the process, ODNR did
address a number of our issues, we still
have serious concerns on several items
that will add costs on already expensive

wells without providing any real
benefit," he says.
According to an announcement from
ODNR's Division of Oil and Gas
Resources Management, the new rules-
found at Ohio Administrative Code
1501:9-2-01 and 9-202-"require
operators to design and construct
horizontal well pads in a manner that
protects public health and safety,
promotes safe drilling operations, and
minimizes damage to natural resources
by managing stormwater, ensuring
clean surface water, and reducing soil
erosion."
Under the rule, DOGRM says,
operators must submit detailed pad site
plans certified by a professional engineer
and approved by DOGRM prior to
beginning construction. At a minimum,
plans must include detailed drawings of
pad site features, an emergency release
conveyance map, a geotechnical report,
and a sediment and erosion control plan,
DOGRM says. Access roads also are
addressed in the rule.
DOGRM adds that its engineering

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20 THE AMERICAN OIL & GAS REPORTER

staff will inspect sites during each stage
of construction.
A copy of the regulation may be
found online at
oilandgas.ohiodnr.gov/portals/oilgas/pd
f/rules/Oil-and-Gas-Well-SiteConstruction-Rules_071515.pdf. ❒

PIOGA Tries To Stop
DEP From Enforcing
Unconstitutional Law

WEXFORD, PA.-The Pennsylvania
Independent Oil & Gas Association has
asked the Pennsylvania Supreme Court
to enjoin the state's Department of
Environmental Protection from
requiring well permit applicants to
comply with certain provisions of Act
13-Pennsylvania's comprehensive oil
and gas regulatory package-that were
overturned by the court in December
2013 in Robinson Township v.
Commonwealth.
"The Supreme Court made clear in
its Act 13 ruling that specific well
permitting requirements in Section 3215
of the act were unconstitutional, and
denied DEP's request to reconsider that
decision in February 2014," comments
PIOGA General Counsel Kevin Moody.
"Court decisions apply to government
agencies the same way they apply to
others, (but) DEP has ignored that . . .
and is using the Section 3215 decisional
process as if the court's ruling does not
exist. This has forced PIOGA to take
action."
The association explains that in
Robinson Township, the Supreme Court
enjoined Sections 3215(b) through (e).
Specifically, PIOGA says:
* Section 3215(b) requires DEP to
establish setbacks from certain waters
or wetlands.
* Section 3215(c) orders DEP to
consider a proposed well's impacts on
public resources such as parks, forests
game lands and wildlife areas; scenic
rivers; natural landmarks; endangered
species habitat; historical and
archaeological sites; and public
drinking water sources.
* Section 3215(d) allows DEP to
consider comments from municipalities
in approving APDs, and gives DEP the
authority to establish additional
protective measures for storing
hazardous chemicals.
* Section 3215(e) directs the state
American Oil and Gas Reporter - August 2015

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