The purpose of this presentation is to present the regulations requiring the reporting of releases to the PA DEP.

In Pennsylvania, any oil or petroleum product, chemical or waste that is released in any unauthorized manner constitutes a spill.

The Pennsylvania Clean Streams Law
The Solid Waste Act
The Pennsylvania Storage Tank Act

“Release” - Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a regulated substance into the environment in a manner not authorized by the Department of
Environmental Protection.

“Pollution” Contamination of any air, water, land or other natural resources of the
Commonwealth such as will create or is likely to create a public nuisance or to render such air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

“ Pollution ” shall be construed to mean contamination of any waters of the Commonwealth such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical or biological properties of such waters, or change in temperature, taste, color or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid or other substances into such waters. The department shall determine when a discharge constitutes pollution, as herein defined, and shall establish standards whereby and wherefrom it can be ascertained and determined whether any such discharge does or does not constitute pollution as herein defined.

"Waters of the Commonwealth" - shall be construed to include any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this
Commonwealth.

(a) If a release is discharged into the Waters of the Commonwealth or there is a danger of pollution to the Waters of the Commonwealth, it is the responsibility of the person at the time in charge of the substance to immediately notify the Department by telephone and to also notify known downstream users of the waters.
(b) A person shall immediately take steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution.

(a) A release to the Waters of the
Commonwealth, shall comply with § 91.33.
(b) If a reportable release of brine the owner or operator shall notify the appropriate DEP regional office no later than 2 hours after detecting or discovering the release.
(c) The notice required by subsection (b) shall be by telephone…

Chapter 78 § 78.1
More than 5 gallons of brine within a
24-hour period on or into the ground at the well site where the TDS > 10,000 mg/L.
More than 15 gallons of brine within a
24-hour period on or into the ground at the well site where the TDS < 10,000 mg/L.

Chapter 299 § 299.217 - Transportation of Residual Waste Emergencies
In the event of a discharge or release of residual waste during transportation, the transporter shall immediately:
(1) Telephone the Department.
(2) Notify the State or local police and the county emergency management official.
( 3) Clean up the residual waste and take other actions required or approved by the
Department so that the discharge presents no threat to public health, safety, welfare and the environment.

Chapter 299 § 299.218. Wastes from accidents and spills.
(a) Notify the Department prior to the disposal or processing of the waste that was generated or released as a result of an accident, spill or emergency.
(b) The Department may immediately approve emergency storage or transportation methods.
( c) Any waste generated decontaminating equipment used handling the residual waste shall be deemed residual waste.

Oil and Gas Operator's Manual
CHAPTER 4 SECTION I
Pollution Incident Response
A Preparedness Prevention & Contingency
(PPC) Plan must contain a list of the agencies to be notified by telephone including:
DEP Regional Office
EPA-800-424-8802
Downstream Water Users
Pennsylvania Fish and Boat Commission

DEP Regional Office.
DEP also maintains a statewide toll free number, 18005412050.

Northeast 570-826-2511 24 Hours
2 Public Square, Wilkes-Barre, PA 18711-0790
Counties: Carbon, Lackawanna, Lehigh, Luzerne, Monroe,
Northampton, Pike, Schuylkill, Susquehanna, Wayne,
Wyoming
North Central 570-327-3636 24 Hours
208 West Third Street, Suite 101, Williamsport, PA 17701
Counties: Bradford, Cameron, Centre, Clearfield, Clinton,
Columbia, Lycoming, Montour, Northumberland, Potter,
Snyder, Sullivan, Tioga, Union
Northwest 814-332-6945 After Hours : 800-373-3398
230 Chestnut Street, Meadville, PA 16335-3481
Phone: 814-332-6945 Butler, Clarion, Crawford, Elk, Erie,
Forest, Jefferson, Lawrence, McKean, Mercer, Venango,
Warren

Southeast (484) 250-5900 24 Hours
2 East Main Street, Norristown, PA 19401
Counties: Bucks, Chester, Delaware, Montgomery,
Philadelphia
South Central (877) 333-1904 24 Hours
909 Elmerton Avenue, Harrisburg, PA 17110
Counties: Adams, Bedford, Berks, Blair, Cumberland,
Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster,
Lebanon, Mifflin, Perry, York
Southwest 412-442-4000 24 Hours
400 Waterfront Drive, Pittsburgh, PA 15222-4745
Counties: 412-442-4000Allegheny, Armstrong, Beaver,
Cambria, Fayette, Greene, Indiana, Somerset, Washington,
Westmoreland

In general, under DEP regulations, all costs associated with the response to and the cleanup of a spill are the responsibility of the spiller. This includes the proper disposal of any wastes.
The owner of a property on which hazardous materials are located is considered as a potential responsible party under state law.

Follow the PPC Plan.
Prevent contaminants from migrating off site. If surface water is impacted, take immediate steps to contain it.
Use field instruments to probe extent of contamination i.e. Photo Ionization
Detector (PID), Conductivity/TDS Meter
& pH Meter.

Take samples of the contaminated material to be disposed.
Take samples of excavated spill area.
Take some background samples.
Follow DEP recommended emergency storage, transportation and remediation methods.
Provide DEP with all sample results, waste disposal manifests and incident report summarizing the event and the measures taken to prevent a reoccurrence of a similar incident.

All Spills and Releases should be reported to the DEP.
If the Waters of the Commonwealth is threatened, the DEP must be notified immediately.
Brine spills must be reported to the DEP within 2 hours.
The DEP must be notified prior to the disposal or processing of the waste that was generated or released as a result of an accident, spill or emergency.

Stephen D. Brokenshire
Mineral Resources Program Specialist
Division of Resource Management & Well Development
Bureau of Oil & Gas Management
Pennsylvania Department of Environmental Protection
Scranton District Office
Samter Building Suite 400
101 Penn Avenue
Scranton, PA 18503
Office (570) 346-5535 sbrokenshi@state.pa.us