The Department of Environmental Protection published notice in the December 19 PA Bulletin of a final, revised Waste General Permit covering the beneficial use of liquid waste from fracking oil or gas wells (WMGR123).

DEP said the “purpose of this general permit is to encourage the reuse of oil and gas liquid waste generated on oil and gas well sites and associated activities (such as compressor stations) through a closed loop process that allows the return of oil and gas liquid waste to well sites for reuse, minimizing freshwater withdrawals and reducing impacts to Pennsylvania’s water resources.

“As a result, the reuse of oil and gas liquid waste in hydraulic fracturing operations provides a legitimate beneficial use and has been demonstrated to do so since WMGR123 was established in 2012.”

DEP said the changes to the General Permit include--

-- Clarification to the proposed definitions for ''processing,'' ''transfer'' and ''oil and gas liquid waste.''

-- Minor updates to clarify the difference between a ''unit'' which pertains to structures used to contain de-wasted oil and gas liquid waste, and a ''facility'' which pertains to an operation that processes or transfers oil and gas liquid waste.

-- Minor updates to terminology referencing de-wasted material and oil and gas liquid waste.

-- Removal of proposed conditions that allowed for WMGR123 permittees processing oil and gas liquid waste to meet Appendix A limits for de-wasting to request a reduced sampling and analysis frequency and reduced parameter list.

-- Addition of standard language that would allow for clearances provided by the Pennsylvania Natural Heritage Program to be considered during a Pennsylvania Natural Diversity Inventory (PNDI) review.

-- Addition of language that would allow Radiation Protection Actions Plans to be maintained in an electronic format on sites where an office or building is not located onsite, provided the plan is available at the facility at all times, and to allow for electronic copies of the plan to be provided to the Department upon request.

-- Addition of language to allow all records that are required to be maintained by permittees to be maintained in either hard copy or an electronic format.

-- Inclusion of minor updates to references to the Oil and Gas Act (58 Pa.C.S. 2301—3504 (relating to oil and gas).

-- Inclusion of a minor clarification to Condition C.22., relating to inspection requirements for WMGR123 operations located on a well pad that are not actively processing or transferring (storing) oil and gas liquid waste.

-- Addition of two conditions that would require Department notification of the beginning of construction activities and certification of equipment installation at WMGR123 operations prior to processing or transfer, as requested by regional office staff.

-- Addition of Condition C.27 that states permittees are not authorized to use open-top storage tanks or any other air contamination sources under the terms of WMGR123 unless the facility demonstrates that the open top tanks or sources are in compliance with 25 Pa. Code Subpart C, Article III (relating to air resources), pertaining to air emissions.

-- Addition of Condition E.3. that would require permittees to immediately notify the Department in the event that the maximum volume of processed and unprocessed oil and gas liquid waste utilized in approved bonding calculations are exceeded.

Click Here for a copy of the revised General Permit.

Click Here for the Comment/Response Document.

Questions about this General Permit should be directed to Chris Solloway by sending email to: csolloway@pa.gov  or calling 717-787-7381.

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[Posted: December 18, 2020]

12/21/2020