Section 1611-E. Well plugging.
(a) Cement plug at attainable bottom.--In order to comply with 58 Pa.C.S. § 3220(a) (relating to plugging requirements), the department shall require, at a minimum, that a cement plug of at least 50 feet be set at the attainable bottom of the well bore, the depth and efficacy of the plug be confirmed and the remaining well bore be plugged to the surface with a solid column of cement.
(b) Requirements for each well plugged to attainable bottom.--For each well plugged to attainable bottom with reasonable effort, the operator shall:
(1) Within 90 days of plugging the well, submit a report to the department that includes a summary of the specific technical reasons why further cleanout was not possible and what cleanout methods were attempted.
(2) Complete a minimum of one post-plugging monitoring event to assess for the vertical flow of fluids or gas within the well bore prior to final site restoration. The event shall be planned to maximize the amount of time elapsed between the completion of plugging the well and final restoration of the site. Any evidence of vertical flow of fluids or gas within the well bore must be reported immediately to the department.
(c) Regulations.--The Environmental Quality Board shall promulgate regulations specific to reasonable effort for all other plugging scenarios not addressed in this section within 18 months of the effective date of this subsection. The regulations shall specify methods of determining the appropriate equipment, tools and prudent industry practices for the purpose of demonstrating attainable bottom.
(d) Reasonable effort required for certain wells.--An operator shall make a reasonable effort to achieve an attainable bottom for each of the following types of wells:
(1) Orphan wells, so long as the orphan well is not drilled into or through a gas storage reservoir or reservoir protective area.
(2) Abandoned wells, so long as the department has determined that no viable responsible party has stipulated that the abandoned well is not drilled into or through a gas storage reservoir or reservoir protective area.
(3) Orphan and abandoned wells, so long as the orphan and abandoned well is the subject of a plugging order under section 13(c) of the act of December 18, 1984 (P.L.1069, No.214), known as the Coal and Gas Resource Coordination Act.
(e) Evaluation every three years.--To evaluate the effectiveness of using reasonable effort to plug certain wells under this section, every three years following the effective date of this subsection, the department shall submit to the General Assembly a report that includes:
(1) The occurrence of plug failures at wells plugged to attainable bottom with reasonable effort.
(2) Environmental, health or safety incidents associated with wells plugged to attainable bottom with reasonable effort.
(3) Financial liabilities incurred by the department that are a direct result of wells plugged to attainable bottom with reasonable effort.
(f) Waivers.--The activities conducted within 300 feet (91.44 meters) of occupied dwellings that consist of the plugging, abandonment, remediation or securing of an oil or gas well, including associated access, site preparation and related work, conducted pursuant to the Oil and Gas Act, the Coal and Gas Resource Coordination Act or other applicable laws or orders of the department shall not be considered surface mining operations, regardless of whether the activities occur on lands subject to a mining permit, are undertaken in advance of or concurrent with mining, or facilitate the future extraction of coal.
(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Abandoned well." As defined under 58 Pa.C.S. § 3203 (relating to definitions).
"Attainable bottom." The depth, approved by the department, that can be achieved after a reasonable effort made in good faith is expended to clean out to the total depth.
"Department." The Department of Environmental Protection of the Commonwealth.
"Operator." As defined under 58 Pa.C.S. § 3203.
"Orphan well." As defined under 58 Pa.C.S. § 3203.
"Reasonable effort." In relation to an operator's action to achieve an attainable bottom, an action that cleans out a well to at least 200 feet below the coal protective casing or, if no coal protective casing is present, the coal seam or surface casing, whichever is deeper, and continues to clean out the well until an additional 100 feet of well bore cannot be cleaned out within two eight-hour work shifts or the total depth of the well is reached.
"Total depth." The depth to which a well was originally drilled or subsequently drilled or the depth to which it was plugged previously in a manner approved by the department.
(1611-E added July 12, 2026, P.L.265, No.21)