WMGR123 

GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BUREAU OF WASTE MANAGEMENT 

DIVISION OF MUNICIPAL AND RESIDUAL WASTE 

Amended March 14, 2012 

Expires October 4, 2020 

Page 1 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE 

A. Description and Definitions. 

Rev. 3/2012 

1. This general permit authorizes the processing, transfer and beneficial use of oil and 

gas liquid waste to develop or hydraulically fracture an oil or gas well. 

2. Definitions. For purposes of this general permit, the following words and terms have 

the following meanings: 

De-waste - A determination made by the Department of Environmental Protection 

that a material is no longer a waste. 

Facility- As defined in 25 Pa. Code§ 287.1. The term includes processing facilities 

and transfer facilities. 

Oil and gas liquid waste- The term includes liquid wastes from the drilling, 

development and operation of oil and gas wells and transmission facilities. The term 

includes contaminated water from well sites, the development of transmission 

pipelines and the facility operating under this general permit, provided the generating 

facility has satisfied all other permitting requirements that may apply to contaminated 

water. The term does not include condensate from oil and gas transmission pipeline 

compressor stations that exhibits a characteristic of hazardous waste under 40 CFR 

Part 261, Subpart C, as incorporated by reference at 25 Pa. Code § 261 a.1. 

B. Registration Requirements. 

A person or municipality that proposes to operate under the terms and conditions of this 

general permit after the date of permit issuance must obtain a registration from the 

appropriate Department Regional Office (see attached list) prior to commencing 

authorized activities under this general permit. A registration shall include the following: 

(i) General Information Form (Authorization Application for a Residual or Municipal 

Waste General Permit Application), 

(ii) Form B (Professional Certification), 

(iii) Form 20 (Application For A Municipal or Residual Waste General Permit), 

(iv) Form 27R (Acceptance of General Permit Conditions), 

(v) Bonding Worksheets, 

(vi) Form X (Radiation Protection Action Plan) 

(vii) A application fee in the amount identified in Section A (General Information) of 

Form 20 payable to the "Commonwealth of Pennsylvania." 

No activities shall commence unless and until approved, in writing, by the Department. 

Page 2 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE 

C. Operating Conditions. 

Rev. 3/2012 

1. Nothing in this general permit shall be construed to supersede, amend, or authorize 

a violation of any of the provisions of any valid and applicable law, ordinance, or 

regulations, providing that said local law, ordinance, or regulation is not preempted 

by the Solid Waste Management Act, 35 P.S. §§ 6018.101 - 6018.1003; Municipal 

Waste Planning, Recycling and Waste Reduction Act, 53 P.S. §§ 4000.101-

4000.1904; Air Pollution Control Act, 35 P.S. §§ 4001 - 4005; Waste Transportation 

Safety Act, 27 Pa. C.S. §§ 6201- 6209; Oil and Gas Act,§§ 58 P.S. 601.101-

601.605; Radiation Protection Act, 35 P.S. §§ 7110.101 - 7110.703 and the Clean 

Streams Law, 35 PS. §§ 691.1 - 691.1001. 

2. The processing and beneficial use activities authorized by this general permit shall 

not harm or present a threat of harm to the health, safety, or welfare of the people 

or environment of this Commonwealth. The Department may: 

a. Modify, suspend, revoke, or reissue the authorization granted in this general 

permit if the permittee cannot comply with the conditions of this general permit 

or if the authorized processing and beneficial use activities cannot be 

adequately regulated under the conditions of this general permit. 

b. Require a person or municipality authorized by a general permit to apply for, 

and obtain, an individual permit when the person or municipality is not in 

compliance with the conditions of the general permit or is conducting an activity 

that harms or presents a threat of harm to the health, safety or welfare of the 

people or the environment of this Commonwealth. 

3. Failure of measures herein approved to perform as intended, or as designed, or in 

compliance with the applicable laws, rules, and regulations and terms and 

conditions of this general permit, for any reason, shall be grounds for the revocation 

or suspension of the permittee's approval to operate under this general permit. 

4. A copy of the Department approved Radiation Protection Action Plan (RPAP), for 

the facility must be maintained by the permittee at the facility at all times. The 

RPAP must address the management of oil and gas liquid waste and solids 

generated that contain technologically enhanced naturally occurring radioactive 

material (TENORM), and be implemented during all phases of operations at the 

facility. 

5. The permittee shall not cause or allow a point or non-point source discharge of 

any of the following: residual wastes; liquid waste; combined stormwater runoff 

and leachate, if generated; or runoff from the staging, processing, and storage 

areas where solid waste management activities are conducted; to the surface 

waters of the Commonwealth, unless permitted by the Department. 

Page 3 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

6. The oil and gas liquid waste that is processed and beneficially used under this 

general permit shall not be mixed with other types of waste materials, including 

hazardous waste, municipal waste, special handling waste, or other residual waste, 

unless otherwise approved by the Department in writing. 

7. At a minimum, weekly inspections of all processing and storage areas are to be 

conducted to determine compliance with the terms and conditions of this general 

permit, and for evidence of failure. 

8. The processing, storage and transportation of the oil and gas liquid waste and any 

other wastes that are generated shall be conducted in a manner that will not create 

a nuisance or be harmful to the public health, safety or the environment of this 

Commonwealth. 

9. Except as provided for in Condition C.21.b, the oil and gas liquid waste, before and 

after processing, and all other wastes generated by the operation shall be stored 

and transported in accordance with 25 Pa. Code Chapter 299 (relating to storage 

and transportation) and the Waste Transportation Safety Act, 27 Pa. C.S. §§ 6201 -

6209. 

10. Best Management Practices (BMPs) shall be implemented to divert stormwater runon away from the facility. Stormwater runoff shall be managed in accordance with 

The Clean Streams Law and regulations promulgated thereunder. Prior to 

commencing operations at the facility, the permittee must comply with regulations 

and obtain all the necessary erosion and sediment control and stormwater 

management permits. 

11. The permittee shall comply with the applicable provisions of 25 Pa. Code, Chapter 

123 (Standards for Contaminants) issued under the Air Pollution Control Act, 35 

P.S. §§ 4001-4005 and shall comply with all applicable provisions of the Fugitive 

Emissions Sections 123.1, 123.2, and 123.31. 

12. A financial bond, which guarantees the removal and proper management of the 

maximum volume of oil and gas liquid waste (before, during and after processing) 

and other wastes at the facility at any one time, is required. The amount of the 

bond shall be based upon the total estimated cost (i.e., off-site disposal, 

transportation cost, decontamination cost) to the Commonwealth for removal and 

proper management of the wastes. The Department may require additional 

bonding for any other necessary measures to prevent adverse impacts upon public 

health, safety, welfare, and environment. 

Page 4 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

13. As a condition of this permit and of the permittee's authority to conduct the activities 

authorized by this permit, the permittee hereby authorizes and consents to allow 

authorized employees or agents of the Department, without advance notice or 

search warrant, upon presentation of appropriate credentials and without delay, to 

have access to and to inspect all areas on which solid waste management activities 

required of the permittee are being, will be, or have been conducted. This 

authorization and consent shall include consent to collect samples of waste, soils, 

water, or gases; take photographs; to perform measurements, surveys, and other 

tests; inspect any monitoring equipment; to inspect the methods of operation; and 

to inspect and/or copy documents, books, and papers required by the Department 

to be maintained. This permit condition is referenced in accordance with §§608 

and 610(7) of the Solid Waste Management Act, 35 P.S. §§ 6018.608 and 

6018.61 0(7). This condition in no way limits any other powers granted under the 

Solid Waste Management Act. 

14. Any waste generated from the processing activity authorized by this general permit 

or processed oil and gas liquid waste that is not beneficially used shall be managed 

in accordance with the Solid Waste Management Act, 35 P.S. §§ 6018.101 -

6018.1003 and the regulations promulgated thereunder. 

15. All activities conducted under the authorization granted in this permit shall be 

conducted in accordance with the permittee's application, except to the extent that 

there is a conflict with the regulations or governing statutes. 

16. Any independent contractors or agents retained by the permittee in the completion 

of processing and beneficial use activity authorized under this permit shall be 

subject to a compliance history review by the Department prior to performance of 

activities under this general permit, as specified by the Solid Waste Management 

Act, 35 P.S. §§ 6018.101-6018.1003. 

17. A Preparedness, Prevention and Contingency (PPC) plan that is consistent with the 

most recent edition of the Department's "Guidelines for the Development and 

Implementation of Environmental Emergency Response Plans" shall be developed 

and maintained at the facility. The PPC plan shall be updated as needed or at least 

every five years. The permittee shall immediately implement the applicable 

provisions of the Department-approved PPC plan for any emergency that affects or 

threatens public health, safety, welfare, or the environment. 

18. Upon cessation of operations at the facilities operating under the authorization 

granted in this permit, the permittee shall clean and/or remove any residual waste, 

storage tanks and structures or other materials that contain or have been 

contaminated with residual waste and shall provide for the processing and disposal 

of the waste or material in accordance with the Solid Waste Management Act, 35 

P.S. §§ 6018.101 - 6018.1003, other environmental protection acts and the 

regulations promulgated thereunder. 

Page 5 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

19. A person or municipality that plans to continue the operations authorized under this 

general permit, after the expiration date indicated on the approval for coverage · 

page, shall file a complete application for permit renewal at least 180 days before 

the expiration date of this general permit unless permission has been granted by 

the Department for submission at a later date. The renewal application shall be 

made using the "Form 20 (Application for a Municipal or Residual Waste General 

Permit)". 

In the event that a timely and complete application for renewal has been submitted 

and the Department is unable, through no fault of the permittee, to reissue the 

general permit or approval for coverage before its current coverage expiration date, 

the terms and conditions of the approved coverage will automatically continue and 

will remain fully effective and enforceable pending the issuance or denial of the 

renewal for permit coverage provided the permittee is, and has been, operating in 

compliance with the terms and conditions of the general permit. 

20. The facility shall not be located: 

a. In the 1 00-year floodplain of waters of this Commonwealth, unless the 

Department approves in the permit a method for protecting the facility from a 

100-year flood consistent with the Flood Plain Management Act (32 P.S. §§ 

679.101- 679.601) and the Dam Safety and Encroachment Act (32 P.S. §§ 

693.1 - 693.27). 

b. In or within 300 feet of an exceptional value wetland. 

c. Within 300 feet measured horizontally from an occupied dwelling unless one of 

the following conditions are satisfied: 

i. The owner of the dwelling has provided a written waiver consenting to the 

facility being closer than 300 feet. The waiver shall be knowingly made and 

separate from a lease or deed unless the lease or deed contains an explicit 

waiver from the owner, or 

ii. The operations take place in an enclosed facility, the applicant demonstrates 

that the location and operation of the facility do not conflict with local land 

use or local zoning and the applicant has provided written notice to owners 

of all occupied dwellings within 300 feet measured horizontally from the facility. 

d. Within 50 feet of a property line unless the owner demonstrates one of the 

following: 

i. That actual processing of waste is not occurring within 50 feet of a property 

line. 

ii. That storage and processing take place in an enclosed facility. 

Page 6 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

iii. That the owner of the adjacent property has provided a written waiver 

consenting to the facility being closer than 50 feet. The waiver shall be 

knowingly made and separate from a lease or deed unless the lease or 

deed contains an explicit waiver from the owner. 

e. Within 1 00 feet of a perennial stream unless the storage and processing will not 

occur within that distance and no adverse hydrologic or water quality impacts 

will result. 

f. Within 150 feet of high quality or exceptional value waters, as defined in 25 Pa. 

Code§ 93.1. 

g. Within 300 feet of a water source unless the owner has provided a written 

waiver consenting to the facility being closer than 300 feet. 

h. Within 900 feet measured horizontally from the property line, unless a written 

waiver is obtained from the current property owner of: 

i. A building owned by a school district or parochial school and used for 

instructional purposes; 

ii. A park; 

iii. A playground. 

i. In an area where the facility would adversely affect a habitat of a known 

endangered or threatened species. 

21. Oil and gas liquid waste that has been processed under the authority of this general 

permit is not considered a waste as defined in 25 Pa. Code§ 287.1 (i.e. de-wasted) 

after one of the following occurs: 

a. The processed oil and gas liquid waste has been transported to a Departmentpermitted well site, as defined in § 603a of the Oil and Gas Act 

(58 P.S. § 601.603a), the owner or operator of the well site meets the conditions of 

§603a, and the processed oil and gas liquid waste is beneficially used to 

develop or hydraulically fracture an oil or gas well. Processed oil and gas liquid 

waste shall be managed as a residual waste at the well site pursuant to 25 Pa. 

Code Chapter 78 until it is used to develop or hydraulically fracture an oil or gas 

a well; or 

Page 7 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

b. The processed oil and gas liquid waste meets the concentration limits in Appendix 

A of this general permit and, will be stored in an impoundment or other 

facility designed to hold water to develop or hydraulically fracture an oil or gas welL 

The impoundment or other facility must be owned or operated by the permittee 

or the owner or operator of an oil or gas welL Transportation shall be done in 

accordance with the following: 

i. Processed oil and gas liquid waste meeting the requirements of 

Condition C.21.b is not a residual waste when transported to the 

impoundment or other facility. 

ii. If processed oil and gas liquid waste meeting the requirements of 

Condition C.21.b will be transported in a vehicle that previously 

contained residual waste, the vehicle must be decontaminated prior to 

transporting the processed oil and gas liquid waste to the impoundment 

or other facility. 

22. Prior to the initial storage and dewasting of processed oil and gas liquid waste in 

accordance with Condition C.21.b, the permittee shall demonstrate that the 

processed oil and gas liquid waste meets the limits in Appendix A by submitting 

analytical data to the DEP Regional Office serving the county in which the facility is 

located for approvaL The analytical data shall consist of the following: 

a. A minimum of 14 consecutive daily flow proportional composite samples 

analyzed for strontium. barium and total dissolved solids (TDS). 

b. A minimum of 2 weekly flow proportional composite samples which are taken a 

minimum of 7 days apart analyzed for all constituents listed in Appendix A 

except ammonia, benzene, methanol and toluene. 

c. A minimum of 2 grab samples taken a minimum of 7 days apart analyzed for 

ammonia, benzene, methanol and toluene. 

23. To continue storing processed oil and gas well liquid waste in accordance with 

Condition C.21.b, the permittee shall demonstrate that the oil and gas liquid waste 

continues to meet the limits in Appendix A by: 

a. Collecting daily flow proportional composite samples and analyzing them for 

strontium, barium and TDS. 

b. Collecting weekly flow proportional composite samples and analyzing them for 

all constituents listed in Appendix A except ammonia, benzene, methanol and 

toluene. 

c. Collecting weekly grab samples and analyzing them for ammonia, benzene, 

methanol and toluene. 

Page 8 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

d. If the results of any future sampling taken to satisfy this condition fail to meet 

the concentration limits in Appendix A, the permittee must immediately notify 

the DEP and manage the processed oil and gas liquid waste as a residual 

waste. The processed oil and gas liquid waste is not de-wasted under 

Condition C.21.b until the permittee demo"nstrates to the Department's 

satisfaction that the limits in Appendix A are met. 

24. The analytical methodologies used to meet the requirements in this general permit 

shall be those in the most recent edition of the EPA's "Test Methods for Evaluating 

Solid Waste, Physical/Chemical Methods" (EPA SW-846), "Methods for Chemical 

Analysis of Water and Wastes" (EPA 600/4-79-020), "Standard Methods for 

Examination of Water and Liquid waste" (prepared and published jointly by the 

American Public Health Association, American Water Works Association, and 

Water Pollution Control Federation), the Department's "Sampling Manual for 

Pollutant Limits, Pathogens and Vector Attraction Reductions in Sewage Sludge" or 

a comparable method subsequently approved by the EPA or the Department. 

25. The analyses shall be performed by a laboratory accredited or registered for 

accreditation under the Environmental Laboratory Accreditation Act, 27 Pa. C. S.A. 

§§ 4101-4113. 

D. Recordkeeping. 

1. The permittee shall maintain records of the processing and beneficial use of oil and 

gas liquid waste as follows: 

a. The volumes of the fresh surface water and other water sources withdrawn for 

use by the facility. 

b. Names of the generators and locations where the oil and gas liquid waste is 

generated. 

c. The dates and volumes of oil and gas liquid waste received by the facility. 

d. The dates and volumes of processed oil and gas liquid waste and wastes 

produced by the operation of the facility as follows: 

i. for continuous processes, the volumes should be recorded on a daily basis. 

ii. for batch processes, the volumes should be recorded on a per batch basis. 

e. The dates, volumes, and locations, including the names of the facilities to which 

the processed oil and gas liquid waste is transported for beneficial use, 

disposal, storage, transfer or processing. 

Page 9 of 12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

f. The maximum volume of all unprocessed and processed oil and gas liquid 

waste and other wastes that are managed at the facility each day to 

demonstrate that the volumes used to calculate the bond are not exceeded. 

This includes all materials generated, received, processed and stored at the 

facility. 

g. All sampling and analytical results required by Conditions C.22 - C.23. 

2. All records required in this general permit shall be maintained on-site for a minimum 

of five years and shall be made ayailable to the Department upon request. Should 

a facility be no longer located at the site where the processing occurred, the 

records shall be maintained by the permittee for a minimum of five years and shall 

be made available to the Department upon request. 

E. Reporting Requirements. 

1. Any person who operates under the provisions of this permit shall immediately 

notify, in writing, within 15 days the Solid Waste Manager of the appropriate 

regional office of the Department (address in attached list) of any changes in: the 

name, address, owners, permittees, and/or responsible officials of the company; the 

location of processing facilities; compliance status; land ownership and the right to 

enter and operate sites operated by the permittee; the bonding status of the 

facilities authorized by this permit; and the status of any permit issued by the 

Department or federal government under the environmental protection acts. 

2. Any person currently operating under the provisions of this general permit must 

notify the Department's Regional Office having jurisdiction over the new processing 

facility, in writing, if the existing processing facility will be relocated to a new 

location, or if an additional processing facility, owned and/or operated by the 

permittee, will be added for coverage under this general permit. 

a. In addition to the notice, the following must be submitted for the Department's 

approval: 

i. A completed Form 20 (Application for a Municipal or Residual Waste 

General Permit); 

ii. An application fee in the amount identified in Section A (General 

Information) of Form 20 made payable to the "Commonwealth of 

Pennsylvania"; and completed bonding worksheets. 

b. The new or relocated facility shall not operate until adequate bonding has been 

approved by the Department. When an existing facility is relocated, the existing 

bond may be used to cover the new facility, provided the bond amount 

adequately covers the operations at the new or relocated facility. 

Page 10of12 
GENERAL PERMIT WMGR123 

PROCESSING AND BENEFICIAL USE 

OF OIL AND GAS LIQUID WASTE Rev. 3/2012 

3. The permittee shall immediately notify the Department's Emergency Hotline by 

telephone at 800-541-2050 and the appropriate DEP regional office waste 

management program in the event of a discharge or any spill of oil and gas liquid 

waste generated or processed in a quantity capable of reaching surface water, and 

shall take appropriate immediate action to protect the health and safety of the public 

and the environment. 

Page 11 of 12 
APPENDIX A: 

The following maximum concentrations were derived from drinking water standards, water 

quality standards for rivers and streams, and typical values observed in fresh water rivers 

and streams. 

Constituent 

Aluminum 

Ammonia 

Arsenic 

Barium 

Benzene 

Beryllium 

Boron 

Bromide 

Butoxyethanol 

Cadmium 

Chloride 

COD 

Chromium 

Copper 

Ethylene Glycol 

Gross Alpha 

Gross Beta 

Iron 

Lead 

Magnesium 

Manganese 

MBAS (Surfactants) 

Methanol 

Molybdenum 

Nickel 

Nitrite-Nitrate Nitrogen 

Oil & Grease 

pH 

Radium-226 + Radium-228 

Selenium 

Silver 

Sodium 

Strontium 

Sulfate 

Toluene 

TDS 

TSS 

Uranium 

Zinc 

Limit 

0.2 mg/L 

2 mg/L 

10 J.lg/L 

2 mg/L 

0.12 J.lg/L 

4 J.lg/L 

1.6 mg/L 

0.1 mg/L 

0.7 mg/L 

0.16 J.lg/L 

25 mg/L 

15 mg/L 

10 J.lg/L 

5 J.lg/L 

13 J.lg/L 

15 pCi/L 

1,000 pCi/L 

0.3 mg/L 

1.3 J.lg/L 

10 mg/L 

0.2 mg/L 

0.5 mg/L 

3.5 mg/L 

0.21 mg/L 

30 J.lg/L 

2 mg/L 

ND 

6.5-8.5 su 

5 pCi/L (combined) 

4.6 J.lg/L 

1.2 J.lg/L 

25 mg/L 

4.2 mg/L 

25 mg/L 

0.33 mg/L 

500 mg/L 

45 mg/L 

30 J.lg/L 

65 J.lg/L 

Page 12 of 12 
Department of Environmental Protection Regional Offices 

(and Counties Served) 

I. Bucks, Chester, Delaware, Montgomery, Philadelphia. 

Southeast Regional Office 

2 East Main Street 

Norristown, PA 19401 

Phone: (484) 250-5960 

II. Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, 

Susquehanna, Wayne, Wyoming. 

Northeast Regional Office 

2 Public Square 

Wilkes-Barre, PA 18701-1915 

Phone: (570) 826- 2511 

Ill. Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, 

Juniata, Lancaster, Lebanon, Mifflin, Perry, York. 

Southcentral Regional Office 

909 Elmerton Avenue 

Harrisburg, PA 17110-8200 

Phone: (717) 705- 4706 

IV. Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, 

Northumberland, Potter, Snyder, Sullivan, Tioga, Union. 

Northcentral Regional Office 

208 West 3'd Street - Suite 101 

Williamsport, PA 17701 

Phone: (570) 327- 3653 

V. Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, 

Washington, Westmoreland. 

Southwest Regional Office 

400 Waterfront Drive 

Pittsburgh, PA 15222-4745 

Phone: ( 412) 442 - 4000 

VI. Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, 

Venango, Warren. 

Northwest Regional Office 

230 Chestnut Street 

Meadville, PA 16335-3481 

Phone: 814-332-6848