PHILADELPHIA – The U.S. Environmental Protection Agency (EPA), Region III, announced on July 30 the issuance of a final permit under the authority of the federal Underground Injection Control (UIC) regulations to Windfall Oil and Gas of Falls Creek.
According to a public notice on the EPA Web site, the permit authorizes the construction and operation of a UIC Class II-D commercial brine disposal injection well, the Zelman No. 1, located in Brady Township, Clearfield County.
EPA Region III previously issued a final permit for this well Oct. 31, 2014, after holding a public hearing on this proposed permit Dec. 10, 2012, at the Brady Township Community Center in Luthersburg, and receiving written comments on the permit during two comment periods.
After Region III issued the permit, several petitioners appealed the permit to the EPA Environmental Appeals Board (EAB). At the request of Region III, the EAB remanded the permit to the region June 10, 2014.
Following the remand, the EPA Region III evaluated oral testimony presented at the hearing, as well as written comments received during the public comment period.
Because this evaluation did not reveal substantial new questions, which were not already subject to public comment during the two comment periods, the region did not announce a third comment period for the draft permit.
According to the EPA, the final permit was appealed to the EAB, and the EAB denied the petitioners appeal June 12. There was a motion for reconsideration by the EAB by several petitioners but that was denied by the EAB on July 16.
EPA Region III would like to announce the final permit issuance for the UIC permit, which was effective July 30. The issuance of this permit constitutes final agency action for the purpose of judicial review, states the EPA’s public notice.
“All administrative appeals have been exhausted, and any further challenges to the permit decision must be made in federal appellate court,” states the EPA in the public notice.
EPA Region III is issuing the same final permit to Windfall Oil & Gas as the permit issued on Oct. 31, 2014. The final permit is available for review at the EPA Region III Web site.