The ongoing effort by the Pennsylvania Department of Environmental Protection to develop new rules for oil and gas activities – Chapter 78 for conventional and unconventional oil and gas operations – continues to make slow progress towards eventual promulgation in 2016. As a “reward” for the voluminous comments submitted by industry in 2014 on the first round of the proposed rules, the industry received a new version of proposed rules in February of this year. This package was dubbed an Advance Notice of Final Rulemaking (ANFR) by the DEP. These new proposed rules represented DEP’s effort to abide by the legislature’s 2014 mandate to separate conventional and unconventional operations in the rules. It was hoped that the new proposal would also reflect positive changes made by DEP in response to the comments submitted by industry and others on the previous package. Those hopes were soon dashed upon reading the ANFR.