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PA Bulletin, Doc. No. 20-545



Residual Waste General Permit WMGR123; Proposed Modifications and Renewal

[50 Pa.B. 2137]
[Saturday, April 18, 2020]

 The Department of Environmental Protection (Department) is proposing modifications to, and renewal of, Residual Waste General Permit WMGR123, under the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4000.101—4000.1904). This base 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.

 The proposed modifications include the following:

 • Defining the terms ''processing,'' ''transfer'' and ''storage'' as the terms pertain to the general permit.

 • Changing the application requirement for coverage under WMGR123 from a registration to a determination of applicability. This change is consistent with the application requirements for most general permits issued by the Department's Bureau of Waste Management and provides the general public with an opportunity to comment on WMGR123 operations that may be sited in their municipality. The change from a registration to a determination of applicability does not impact the information that is required to be submitted to the Department as part of an application for coverage under WMGR123, or impact operations that have been previously permitted based upon a registration application.

 • Clarifying the sampling and analysis requirements based upon the type of WMGR123 operation (facilities actively processing oil and gas liquid waste prior to beneficial use as opposed to facilities that are only utilizing temporary storage without additional processing before beneficial use).

 • Revising sampling and analysis requirements to allow WMGR123 operations that are processing oil and gas liquid waste to demonstrate, with a statistical demonstration, that a reduced sampling frequency and reduced parameter list are justified.

 • Revising conditions pertaining to frequency of inspections and cessation of operations for WMGR123 operations located on permitted oil and gas well pads.

 • Revising conditions pertaining to processing or transfer of oil and gas liquid waste to include ''storage'' for clarity.

 • Reorganizing the general permit for clarity and ease of use, such as utilizing the standard format seen in other general permits for consistency purposes and incorporating standard permit conditions, like a requirement for the submission of an annual operating report.

 To access General Permit WMGR123, visit (select ''Permit and Authorization Packages,'' then ''Waste Management,'' then ''Processing and Beneficial Use of Oil and Gas Liquid Waste—Draft General Permit WMGR123'').

Written Comments

 Interested persons may submit written comments on the proposed modifications and renewal of General Permit WMGR123 through Tuesday, June 16, 2020. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are strongly encouraged to submit comments using the Department's online eComment tool at or by e-mail to Written comments can be mailed to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''General Permit WMGR123'' as the subject line in written communication.

 Questions regarding General Permit WMGR123 can be directed to Chris Solloway, Division of Municipal and Residual Waste, Bureau of Waste Management, at or (717) 787-7381.

 Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact the Department at (717) 787-7381 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users), to discuss how the Department may accommodate their needs.


[Pa.B. Doc. No. 20-545. Filed for public inspection April 17, 2020, 9:00 a.m.]

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