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PA Bulletin, Doc. No. 20-1781

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Residual Waste General Permit WMGR123; Base Permit Renewal with Revisions

[50 Pa.B. 7249]
[Saturday, December 19, 2020]

 Under the authority of the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003) and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4000.101—4000.1904), the Department of Environmental Protection (Department) is providing notice of the renewal of General Permit No. WMGR123 with revisions. This revised general permit will take effect Monday, January 4, 2021. This general permit authorizes permittees to process, transfer and beneficially use oil and gas liquid waste to develop or hydraulically fracture an oil or gas well. The revisions to WMGR123 consist of the following:

 • Clarification to the proposed definitions for ''processing,'' ''transfer'' and ''oil and gas liquid waste.''

 • Minor updates to clarify the difference between a ''unit'' which pertains to structures used to contain de-wasted oil and gas liquid waste, and a ''facility'' which pertains to an operation that processes or transfers oil and gas liquid waste.

 • Minor updates to terminology referencing de-wasted material and oil and gas liquid waste.

 • Removal of proposed conditions that allowed for WMGR123 permittees processing oil and gas liquid waste to meet Appendix A limits for de-wasting to request a reduced sampling and analysis frequency and reduced parameter list.

 • Addition of standard language that would allow for clearances provided by the Pennsylvania Natural Heritage Program to be considered during a Pennsylvania Natural Diversity Inventory (PNDI) review.

 • Addition of language that would allow Radiation Protection Actions Plans to be maintained in an electronic format on sites where an office or building is not located onsite, provided the plan is available at the facility at all times, and to allow for electronic copies of the plan to be provided to the Department upon request.

 • Addition of language to allow all records that are required to be maintained by permittees to be maintained in either hard copy or an electronic format.

 • Inclusion of minor updates to references to the Oil and Gas Act (58 Pa.C.S. 2301—3504 (relating to oil and gas).

 • Inclusion of a minor clarification to Condition C.22., relating to inspection requirements for WMGR123 operations located on a well pad that are not actively processing or transferring (storing) oil and gas liquid waste.

 • Addition of two conditions that would require Department notification of the beginning of construction activities and certification of equipment installation at WMGR123 operations prior to processing or transfer, as requested by regional office staff.

 • Addition of Condition C.27 that states permittees are not authorized to use open-top storage tanks or any other air contamination sources under the terms of WMGR123 unless the facility demonstrates that the open top tanks or sources are in compliance with 25 Pa. Code Subpart C, Article III (relating to air resources), pertaining to air emissions.

 • Addition of Condition E.3. that would require permittees to immediately notify the Department in the event that the maximum volume of processed and unprocessed oil and gas liquid waste utilized in approved bonding calculations are exceeded.

 Persons interested in reviewing the general permit may contact Chris Solloway at csolloway@pa.gov, (717) 787-7381 or Environmental Group Manager, Permits Section, Division of Municipal and Residual Waste, Bureau of Waste Management, P.O. Box 69170, Harrisburg, PA 17106-9170.

 Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Chris Solloway 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.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 20-1781. Filed for public inspection December 18, 2020, 9:00 a.m.]


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