Today, the Environmental Quality Board (EQB) met to consider several rulemaking matters, including a petition from the Clean Air Council and Environmental Integrity Project to increase setbacks for unconventional gas wells, which is of high importance to you:

  • V. Consideration of Rulemaking Petition:

Unconventional Well Setbacks  

(25 Pa. Code Chapter 78a)

      • Kurt Klapkowski, Deputy Secretary for Oil and Gas Management, stated that the Department of Environmental Protection (DEP) has received a rulemaking petition from Clean Air Council and Environmental Integrity Project proposing amendments to 25 Pa. Code Chapter 78a. The petition seeks to increase setback distances between unconventional gas well operations and buildings, water sources, and certain environmental features. Key proposed setbacks include 1 kilometer (3,281 feet) from buildings and drinking water sources, and 1 mile (5,280 feet) from buildings serving vulnerable populations.

Further, Klapkowski explained the petition review process, clarifying that DEP initially checks for completeness and compliance but does not conduct a substantive review until the Environmental Quality Board (EQB) votes to accept a petition for further study. On November 22, 2024, DEP determined the petition met the criteria to be presented to the EQB and recommended it be accepted for further study. He emphasized that this recommendation does not indicate support for or against the proposed rulemaking itself.

Following a short debate which ensued after the remarks of Deputy Secretary Klapkowski, Commissioner Kathryn Zerfuss – standing in for Commissioner Stephen DeFrank – made a motion to table the matter until further notice for the purpose of reviewing additional information that was submitted to the EQB this morning. The motion was seconded by Matt Osenbach – standing in for Senator Gene Yaw (R – Lycoming) -and subsequently approved by a vote of 16/3.  Part of the three votes opposing the motion included the remaining legislative members on the EQB, Senator Comitta (D – Chester) and Representative Vitali (D – Delaware).

The matter is now laid on the table until the EQB votes to un-table it and may be considered as soon as the EQB meets next, in July, according to Acting Secretary Jessica Shirley.

Link to EQB’s April 8, 2025 Agenda: April 8, 2025_EQB_Agenda.pdf