Management of Oil and Gas Waste in 

Pennsylvania

Air and Waste Management Association 

Stephen Socash

Bureau of Waste Management

PADEP
• Pennsylvania Solid Waste Management Act 

comprehensively regulates solid wastes – 35 P.S. 

§§6018.101 – 6018.1003

– Hazardous wastes

– Residual wastes 

– Municipal wastes

• SWMA was adopted in 1980

• SWMA requires permits for processing, treating or 

disposing of wastes

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Overview of Solid Waste Management Act (SWMA)
• Drill cuttings (rock cuttings and related mineral residues) from drilling 

oil and gas wells are not wastes under the SWMA if they are disposed 

at the well site and pursuant to applicable requirements of the oil and 

gas program

• Oil and gas regulations (25 Pa. Code Chapter 78) contain various 

requirements relating to pits, disposal of drill cuttings, disposal of 

liquids and disposal of residual waste at the well site

• 25 Pa. Code § 287.2(g) – exclusions from residual waste regulations 

consistent with oil and gas act for pits, impoundments, methods or 

facilities on the well site

• Residual waste program applies to materials from development and 

production of oil and gas wells off the well sites

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Interplay between Oil and Gas and Residual Waste Programs
• Materials used or reused as ingredients in an industrial 

process to make a product without reclamation (sizing, 

shaping and sorting is permissible)

• Materials employed as effective substitutes for commercial 

products without reclamation (sizing, shaping and sorting is 

permissible)

• Materials returned to the original process from which they 

are generated as a substitute for feedstock materials 

without reclamation

• A material is “reclaimed” if it is processed to recover a 

useable product, or if it is regenerated

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Exclusions from Definition of Waste
• Co-products only encompass materials that are applied to 

the land, used to produce products that are applied to the 

land or are burned for energy recovery (minimum BTU 

value of 5,000/lb)

– Generated by manufacturing or production process or spent 

material

– Physically and chemically equivalent to intentionally 

manufactured product or produced raw material

– Cannot be processed prior to use other than sizing, shaping, 

sorting or other than processing required for material it is 

substituting for

– Cannot be accumulated speculatively

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Definitions – Coproduct 
• Coproduct Requirements

– The use of the material can present no greater threat of harm to 

human health and the environment than the use of the product or 

produced raw material that is being replaced

– The material must be used by the generator of the material or 

transferred in good faith as a commodity in trade

• Burden is on those producing, selling, transferring, 

processing or using a material that it meets definition

• Industry-wide coproduct determinations (25 Pa. Code 

§287.9) do require approval from DEP

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Definitions - Coproduct
(25 Pa. Code §§ 287.51 – 287.56)

• Biennial Report

• Source Reduction Strategy

• Chemical Analysis

• Record Keeping

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Duties of Residual Waste Generators
• All generators of residual wastes must maintain records 

(five year retention requirement) documenting:

• Types and amounts of wastes generated

• Dates of generation

• Identity of transporters of wastes to offsite locations

• Identity of receiving facilities

• Large quantity residual waste generators are subject to 

additional requirements

• Transportation requirements 

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Residual Waste Generator Requirements
• Entities that generate more than an average of 2,200 pounds 

of residual waste per month during the previous year are 

subject to -

• Biennial reporting requirements (Forms 330 and 330-GM) 

• Source reduction strategy requirements (Form 25R) 

• Entities that generate more than 2,200 pounds of residual 

waste in any single month during the previous year must 

characterize the physical properties and chemical 

composition of their waste streams (Form 26R)

• Includes wastewater

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Large Quantity Residual Waste Generator Requirements
• Requirements relating to biennial reports, source 

reduction strategies and chemical analysis of waste do not 

apply to:

– Residual waste generated as a result of collecting the 

waste from the repair or replacement of parts, 

machinery, vehicles and appliances

– Waste generated from a spill, release, fire, accident or 

other unplanned event

– Oil used as lubricant in internal combustion engines or 

for transmissions, gears or axles

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Large Quantity Generator Requirements -Exclusions
• Extensive information about chemical and physical 

characteristics of each waste stream must be 

assembled

• Form 26R must be submitted to DEP annually for 

each waste stream (default deadline - March 1)

– Can recertify for up to five years if no changes to waste 

stream or process generating waste stream

– Must reanalyze waste streams at least every five years

• Example - Form 26R used to characterize oil and 

gas waste streams

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Chemical Analysis of Residual Waste – Form 26R
• Analysis that characterizes physical and chemical 

composition of waste

• Hazardous waste determination

• Update when waste changes, manufacturing 

process changes or every five years

• Not required for generators of a total of < 2,200 

lbs of residual waste in any single month

• For small waste streams (<2200 lbs/month), 

hazardous waste determination is sufficient

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Chemical Analysis of Residual Waste – Form 26R
• Facility waste acceptance plan (WAP) - types and 

chemical concentration limits

• Facility makes determination that waste from a 

generator falls within WAP and requests approval 

from DEP via Form U to receive waste 

• Form U deemed approved after 15 days unless 

notified by DEP to the contrary

• Includes TENORM Information

• Ideal for wastes with consistent physical and 

chemical characteristics

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Request to Process of Residual Waste – Form U
• Permits required for processing or disposing 

of residual waste

• Permits available in three forms

– Permits-by-Rule

– General Permits (recycling activities)

– Individual Permits

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Permit Requirements
• Comprehensive study examining radioactivity in by 

products associated with oil and gas development

• Ensure public health and then environment 

continue to be protected

• Collect and analyze drill cutting, flowback fluids, 

storage tanks, trucks, drill rigs and wastewater 

treatment 

• Final Report due Fall of 2014

• Information at www.dep.state.pa.us

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Oil and Gas Development Radiation Study
STAY TUNED!

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What does the future hold?
Steve Socash

Department of Environmental Protection

Bureau of Waste Management

717-787-7381

ssocash@state.pa.us