WMGR123 

## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OILAND GAS LIQUID WASTE

DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WASTE MANAGEMENT DIVISION OF MUNICIPALAND RESIDUALWASTE



### Amended March 14, 2012

Expires October4, 2020

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## GENERAL PERMITWMGR123 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 ofoil and gas liquid wasteto develop or hydraulicallyfracture an oil or gas well. 2. Definitions. For purposes ofthis general permit, thefollowing words and terms have thefollowing meanings: De-waste - A determination made bythe Department of Environmental Protection that a material is no longera waste. Facility- As defined in 25 Pa. Code§ 287.1. Theterm includes processing facilities and transferfacilities. Oil and gas liquid waste- The term includes liquid wastesfrom the drilling, development and operation ofoil and gaswells and transmission facilities. The term includes contaminated waterfrom well sites, the development oftransmission pipelines andthe facility operating underthis general permit, provided the generating facility has satisfied all other permitting requirements that may applyto contaminated water. The term does not include condensate from oil and gas transmission pipeline compressor stations that exhibits a characteristic of hazardouswaste under40 CFR Part 261, Subpart C, as incorporated by reference at 25 Pa. Code § 261a.1. B. Registration Requirements. A person or municipalitythat proposesto operate underthe terms and conditions ofthis general permit afterthe date of permit issuance mustobtain a registration from the appropriate Department Regional Office (see attached list) priorto commencing authorized activities underthis general permit. A registration shall include the following: (i) General Information Form (Authorization Application for a Residual or Municipal Waste General PermitApplication), (ii) Form B (Professional Certification), (iii) Form 20 (Application ForA Municipal or Residual Waste General Permit), (iv) Form 27R (Acceptance ofGeneral 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 payabletothe "Commonwealth of Pennsylvania." No activities shall commence unless and until approved, in writing, by the Department.

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## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUIDWASTE

C. Operating Conditions. Rev. 3/2012

1. Nothing in this general permit shall be construed to supersede, amend, or authorize a violation ofany ofthe provisions of anyvalid and applicable law, ordinance, or regulations, providing that said local law, ordinance, or regulation is not preempted by the Solid Waste ManagementAct, 

### 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 SafetyAct, 

### 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, orwelfare ofthe people orenvironment ofthis Commonwealth. The Department may:
a. Modify, suspend, revoke, or reissue the authorization granted in this general permit ifthe permittee cannot comply with the conditions ofthis general permit or ifthe authorized processing and beneficial use activities cannot be adequately regulated underthe conditions ofthis 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 ofthe general permit or is conducting an activity that harms or presents athreat of harm to the health, safety orwelfare ofthe people orthe environment ofthis Commonwealth. 3. Failure of measures herein approved to perform as intended, oras designed, or in compliance with the applicable laws, rules, and regulations and terms and conditions ofthis general permit, forany reason, shall be grounds forthe revocation or suspension ofthe permittee's approval to operate underthis general permit. 4. A copy ofthe 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 ofoil 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 ofthe following: residual wastes; liquidwaste; combined stormwater runoff and leachate, ifgenerated; or runofffrom the staging, processing, and storage areas where solid waste management activities are conducted; to the surface waters ofthe Commonwealth, unless permitted bythe Department.
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### 12

## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUIDWASTE Rev. 3/2012

6. The oil and gas liquid waste that is processed and beneficially used underthis general permit shall not be mixed with othertypes ofwaste materials, including hazardouswaste, municipal waste, special handling waste, orother residual waste, unless otherwise approved by the Department in writing. 7. At a minimum, weekly inspections ofall processing and storage areas are to be conducted to determine compliance with the terms and conditions ofthis general permit, and for evidence offailure. 8. The processing, storage and transportation ofthe oil and gas liquid waste and any otherwastes that are generated shall be conducted in a mannerthat will not create a nuisance or be harmful to the public health, safety orthe environment ofthis Commonwealth. 9. Except as provided for in Condition C.21.b, the oil and gas liquid waste, before and after processing, and all otherwastes generated by the operation shall be stored and transported in accordance with 25 Pa. Code Chapter 299 (relating to storage and transportation) and the WasteTransportation SafetyAct, 27 Pa. C.S. 

### §§ 6201 - 6209. 10. Best Management Practices (BMPs) shall be implementedto divert stormwater runon awayfrom the facility. Stormwater runoffshall be managed in accordance with The Clean Streams Law and regulations promulgated thereunder. Priorto commencing operations atthe 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 of25 Pa. Code, Chapter 123 (Standards for Contaminants) issued underthe Air Pollution Control Act, 35 P.S. 

### §§4001-4005 and shall complywith all applicable provisions ofthe Fugitive Emissions Sections 123.1, 123.2, and 123.31. 12. A financial bond, which guarantees the removal and proper management ofthe maximum volume ofoil and gas liquid waste (before, during and after processing) and otherwastes at the facility at any one time, is required. The amount ofthe 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 ofthe wastes. The Department may require additional bonding for any other necessary measuresto prevent adverse impacts upon public health, safety, welfare, and environment.

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## GENERAL PERMIT WMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUID WASTE Rev. 3/2012



### 13. As a condition ofthis permit and ofthe permittee's authority to conductthe activities authorized by this permit, the permittee hereby authorizes and consents to allow authorized employees oragents ofthe Department, without advance notice or search warrant, upon presentation ofappropriate credentials and without delay, to have access to and to inspect all areas on which solid waste management activities required ofthe permittee are being, will be, or have been conducted. This authorization and consent shall include consent to collect samples ofwaste, soils, water, or gases; take photographs; to perform measurements, surveys, and other tests; inspect any monitoring equipment; to inspectthe methods ofoperation; and to inspect and/or copy documents, books, and papers required by the Department to be maintained. This permit condition is referenced in accordancewith 

### §§608 and 

### 610(7) ofthe Solid Waste ManagementAct, 

### 35 P.S. 

### §§6018.608 and 

### 6018.610(7). This condition in noway limits any other powers granted underthe Solid Waste ManagementAct. 14. Any waste generated from the processing activity authorized by this general permit orprocessed oil and gas liquidwaste that is not beneficially used shall be managed in accordance with the Solid Waste ManagementAct, 

### 35 P.S. 

### §§6018.101

- 6018.1003 and the regulations promulgated thereunder. 

### 15. All activities conducted underthe authorization granted in this permit shall be conducted in accordance with the permittee's application, excepttothe extentthat there is a conflictwith the regulations orgoverning statutes. 

### 16. Any independent contractors or agents retained by the permittee in the completion ofprocessing and beneficial use activity authorized underthis permit shall be subjectto a compliance history review by the Department prior to performance of activities underthis 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 consistentwith the most recent edition ofthe Department's "Guidelines forthe Development and Implementation of Environmental Emergency Response Plans" shall be developed and maintained at the facility. The PPC plan shall be updated as needed orat least everyfive years. The permittee shall immediately implementthe applicable provisions ofthe Department-approved PPC plan for any emergencythat affects or threatens public health, safety, welfare, orthe environment. 

### 18. Upon cessation ofoperations at the facilities operating underthe authorization granted in this permit, the permittee shall clean and/or remove any residual waste, storagetanks and structures orother materialsthat contain or have been contaminated with residual waste and shall provide forthe processing and disposal ofthe waste or material in accordance with the Solid Waste ManagementAct, 

### 35 P.S. 

### §§6018.101

- 6018.1003, other environmental protection acts and the regulations promulgated thereunder. Page 5 of 12

## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUIDWASTE Rev. 3/2012

19. A person or municipalitythat plans to continue the operations authorized underthis general permit, afterthe 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 ofthis general permit unless permission has been granted by the Departmentfor submission at a laterdate. The renewal application shall be made using the "Form 20 (Application for a Municipal or Residual Waste General Permit)". In the eventthat a timely and complete application for renewal has been submitted and the Department is unable, through nofault ofthe permittee, to reissue the general permit or approval for coverage before its current coverage expiration date, the terms and conditions ofthe approved coverage will automatically continue and will remain fully effective and enforceable pending the issuance ordenial ofthe renewal for permit coverage provided the permittee is, and has been, operating in compliance with the terms and conditions ofthe general permit. 20. The facility shall not be located:

a. Inthe 100-yearfloodplain ofwaters ofthis Commonwealth, unlessthe Department approves in the permit a method for protecting thefacility from a 100-yearflood consistent with the Flood Plain ManagementAct (32 P.S. 

### §§ 679.101- 679.601) and the Dam Safety and EncroachmentAct (32 P.S. 

### §§ 693.1 - 693.27). b. In orwithin 300 feet ofan exceptional value wetland.

c. Within 300feet measured horizontallyfrom an occupied dwelling unless one of the following conditions are satisfied: i. The owner ofthe dwelling has provided a written waiver consenting tothe facility being closerthan 300feet. The waiver shall be knowingly made and separate from a lease or deed unlessthe lease ordeed contains an explicit waiverfrom the owner, or ii. The operations take place in an enclosed facility, the applicant demonstrates thatthe location and operation ofthe facility do notconflict with local land use or local zoning and the applicant has provided written noticeto owners ofall occupied dwellingswithin 300 feet measured horizontallyfrom thefacility.
d. Within 50 feet ofa property line unlessthe owner demonstrates one ofthe following: i. Thatactual processing ofwaste is not occurring within 50 feet ofa 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 OILAND GAS LIQUID WASTE Rev. 3/2012

iii. Thatthe owner ofthe adjacent property has provided awritten waiver consenting to the facility being closerthan 50 feet. The waiver shall be knowingly made and separate from a lease or deed unlessthe lease or deed contains an explicitwaiverfrom the owner.

e. Within 1 00 feet ofa perennial stream unless the storage and processing will not occurwithin that distance and no adverse hydrologic or water quality impacts will result. f. Within 150 feet ofhigh quality orexceptional value waters, as defined in 25 Pa. Code§ 93.1. g. Within 300 feet ofawater source unlessthe owner has provided awritten waiver consenting to the facility being closer than 300 feet. h. Within 900 feet measured horizontallyfrom the property line, unless awritten 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 orthreatened species. 21. Oil and gas liquid waste that has been processed underthe authority ofthis general permit is not considered awaste as defined in 25 Pa. Code§ 287.1 (i.e. de-wasted) after one ofthe following occurs:
a. The processed oil and gas liquid waste has been transported to a Departmentpermitted well site, as defined in § 603a ofthe Oil and Gas Act (58 P.S. § 601.603a), the owner oroperator ofthe well site meetsthe conditions of §603a, and the processed oil and gas liquid waste is beneficially used to develop or hydraulically fracture an oil orgaswell. Processed oil and gas liquid waste shall be managed as a residual waste at the well site pursuantto 25 Pa. Code Chapter 78 until it is used to develop or hydraulically fracture an oil orgas awell; or

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## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OILAND GAS LIQUID WASTE Rev. 3/2012

b. The processed oil and gas liquid waste meets the concentration limits in Appendix A ofthis general permit and, will be stored in an impoundment or other facility designed to hold waterto develop or hydraulicallyfracture an oil orgaswelL The impoundment orotherfacility must be owned oroperated bythe permittee orthe owner or operator of an oil orgaswelL Transportation shall be done in accordancewith 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 otherfacility. ii. Ifprocessed 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 priorto transporting the processed oil and gas liquid waste to the impoundment orotherfacility. 22. Priorto the initial storage and dewasting of processed oil and gas liquid waste in accordance with Condition C.21.b, the permittee shall demonstratethatthe processed oil and gas liquid waste meets the limits in AppendixA by submitting analytical data to the DEP Regional Office serving the county in which the facility is locatedforapprovaL The analytical data shall consist ofthe following:

a. A minimum of 14 consecutive dailyflow proportional composite samples analyzed for strontium. barium and total dissolved solids (TDS). b. A minimum of2 weekly flow proportional composite samples which are taken a minimum of7 days apart analyzed for all constituents listed in Appendix A except ammonia, benzene, methanol and toluene.

c. A minimum of2 grab samplestaken a minimum of7 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 demonstratethatthe oil and gas liquid waste continues to meetthe limits in AppendixA by:

a. Collecting dailyflow 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 AppendixA 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 PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUID WASTE Rev. 3/2012

d. Ifthe results ofany future sampling taken to satisfythis 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 meetthe requirements in this general permit shall be those in the most recent edition ofthe EPA's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA SW-846), "Methods for Chemical Analysis ofWaterand Wastes" (EPA 600/4-79-020), "Standard Methods for Examination ofWaterand Liquid waste" (prepared and publishedjointly by the American Public HealthAssociation, American WaterWorks Association, and Water Pollution Control Federation), the Department's "Sampling Manual for Pollutant Limits, Pathogens and VectorAttraction 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 underthe Environmental Laboratory Accreditation Act, 27 Pa.C.S.A. 

### §§ 4101-4113. 

### D. Recordkeeping. 1. The permittee shall maintain records ofthe processing and beneficial use ofoil and gas liquid waste as follows:

a. The volumes ofthe fresh surface water and otherwater sources withdrawn for use by the facility. b. Names ofthe 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 ofthe 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 ofthe facilities to which the processed oil and gas liquid waste is transported for beneficial use, disposal, storage, transfer or processing.
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## GENERAL PERMIT WMGR123 PROCESSING AND BENEFICIAL USE OF OIL AND GAS LIQUIDWASTE Rev. 3/2012

f. The maximum volume ofall unprocessed and processed oil and gas liquid waste and otherwastes that are managed at the facility each dayto demonstratethat the volumes used to calculate the bond are not exceeded. This includes all materials generated, received, processed and stored atthe 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 offive years and shall be made ayailable to the Department upon request. Should afacility be no longer located atthe site where the processing occurred, the records shall be maintained by the permittee for a minimum offive years and shall be made available to the Department upon request. 

### E. Reporting Requirements. 1. Any person who operates underthe provisions ofthis permit shall immediately notify, in writing, within 15 days the Solid Waste Manager ofthe appropriate regional office ofthe Department (address in attached list) ofany changes in: the name, address, owners, permittees, and/or responsible officials ofthe company; the location of processing facilities; compliance status; land ownership and the rightto enter and operate sites operated by the permittee; the bonding status ofthe facilities authorized bythis permit; and the status ofany permit issued by the Department orfederal government underthe environmental protection acts. 2. Any person currently operating underthe provisions ofthis general permit must notifythe Department's Regional Office havingjurisdiction overthe new processing facility, in writing, ifthe existing processing facility will be relocated to a new location, or ifan additional processing facility, owned and/or operated by the permittee, will be added for coverage underthis general permit.

a. In addition to the notice, the following must be submitted forthe 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 tothe "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 coverthe newfacility, provided the bond amount adequately covers the operations atthe new or relocated facility. Page 10of12

## GENERAL PERMITWMGR123 PROCESSING AND BENEFICIAL USE OF OILAND GAS LIQUID WASTE Rev. 3/2012

3. The permittee shall immediately notifythe Department's Emergency Hotline by telephone at 800-541-2050 and the appropriate DEP regional office waste management program in the event ofa discharge orany spill ofoil and gas liquid waste generated or processed in a quantity capable of reaching surface water, and shall take appropriate immediate action to protectthe health and safety ofthe public and the environment.

Page 11 of 12APPENDIX A: The following maximum concentrations were derived from drinking waterstandards, water quality standardsfor 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 GrossAlpha 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 12Departmentof 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