On September 1, the Department of Environmental Protection said any waste generated by the new conventional oil and gas well plugging program will NOT be exempt from hazardous waste requirements, unlike the same or similar wastes generated from active oil and gas production wells and facilities.

Federal regulations-- 40 CFR 261.4(b)(5)-- which are followed by the state regulations, say any drilling fluids, produced waters or other waste from exploration, development or production of oil, natural gas or geothermal energy are exempt from hazardous waste regulations.

[Exact language: 40 CFR 261.4(b)(5) - "Solid wastes which are not hazardous wastes.  The following solid wastes are not hazardous wastes: (5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy."]

DEP determined the waste from plugging operations does not fall within this exemption.

Because of the exemption, conventional oil and gas well drillers have little experience managing, transporting and properly disposing of hazardous wastes.

This exemption for waste generated from active conventional and unconventional shale oil and gas facilities has been very controversial with citizen and environmental groups as many state legislators.  Read more here.

Waste Handling Process

DEP said waste from plugging operations must be analyzed to determine if it is a hazardous waste and handled on a case-by-case basis.  If it is, then it must be stored, transported and disposed of as required by the state’s hazardous waste regulations.

Only certain treatment and disposal facilities are approved to accept hazardous waste in Pennsylvania and other states.

If it is determined not to be a hazardous waste, it is a residual waste, and existing regulations must be followed for the proper treatment and disposal of that waste at an approved facility. 

Prior approval is needed for each waste stream going to these facilities and waste loads need to be analyzed to determine they meet applicable regulations.

Waste Disposal Requirements

Joe Kelly, DEP Bureau Of Oil and Gas Planning and Program Management, made the comments about how DEP’s waste regulations apply in a September 1 presentation to a workgroup meeting on the new conventional oil and gas well plugging program

“Prior to disposal, all waste [will] have to be analyzed to determine the proper method of disposal and landfills in Pennsylvania can only accept non-hazardous, municipal and residual waste.

“These landfills will require each waste to be analyzed, to ensure that they are allowed to accept the waste. It also dictates who can transport the waste, as there are additional requirements for hauling hazardous waste.”

“Waste that is determined to be hazardous must be transported to a hazardous waste treatment storage or disposal facility.

“Waste that is determined to be residual must be transported to a processing or disposal facility that is authorized to accept residual waste and the law prohibits processing and disposal facilities from accepting waste from waste transportation vehicles that do not have a valid authorization.”

“Brine [drilling wastewater] and hydrocarbons could be present in the soil and groundwater surrounding the abandoned well, so site remediation may be necessary after the well is plugged. So here we're anticipating that there may be a need for site remediation due to any contaminants at the site after the well is plugged.

“Additionally, abandoned equipment also needs to be removed.”

Kelly said contractors will also have to meet existing spill notification and cleanup requirements and prepare a Pollution Prevention Contingency to implement spill and leak prevention measures.

“A radiation protection action plan needs to be developed for processing plugging waste in order to protect the environment [and] public workers from unnecessary exposure to radiation,” said Kelly.  “The Waste Management Program recently updated their guidance document for developing radiation protection action plans.”

The workgroup discussed a variety of issues around the management and disposal of waste and how to effectively contract for site characterization, restoration and waste management and disposal services.  Read more here.

Related Articles:

-- Only 15 Out Of 256 Conventional Oil & Gas Operators Who Abandoned Wells Without Plugging Them Were Fined By DEP; Small Penalties No Deterrent To Future Abandonments  [PaEN]

-- Conventional Oil & Gas Drillers Reported Spreading 977,671 Gallons Of Untreated Drilling Wastewater On PA Roads In 2021  [PaEN]

-- New Penn State Study Finds Runoff From Conventional Oil & Gas Wastewater Dumped On Unpaved Roads Contains Pollutants That Exceed Human-Health, Environmental Standards  [5.27.22]

-- Senate Budget Hearings: PA’s Experience With New Pipeline Construction Shows State Laws Not Strong Enough To Prevent Environmental Damage, Protect Public Safety [2.2.22]

-- Environmental Health Project: PA’s Natural Gas Boom - What Went Wrong? Why Does It Matter?  What Can We Do Better To Protect Public Health?  [7.25.22]

-- Environmental Health Project Profile: Dr. John Stolz, Duquesne University - Monitoring Impact Of Shale Gas Extraction On Private Water Wells, Groundwater In SW PA  [7.25.22]

[Posted: September 1, 2022]

9/5/2022