§ 78a.58. Onsite processing.
(a) The operator may request approval by the Department to process fluids generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells or mine influenced water at the well site where the fluids were generated or at the well site where all of the fluid is intended to be beneficially used to develop, drill or stimulate a well. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(b) Approval from the Department is not required for the following activities conducted at a well site:
(1) Mixing fluids with freshwater.
(2) Aerating fluids.
(3) Filtering solids from fluids.
(c) Activities described in subsection (b) shall be conducted within secondary containment.
(d) An operator processing fluids or drill cuttings generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells shall develop an action plan specifying procedures for monitoring for and responding to radioactive material produced by the treatment processes, as well as related procedures for training, notification, recordkeeping and reporting. The action plan shall be prepared in accordance with the Department’s Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 250-3100-001, as amended and updated, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(e) The operator may request to process drill cuttings only at the well site where those drill cuttings were generated by submitting a request to the Department for approval. The request shall be submitted on forms provided by the Department and demonstrate that the processing operation will not result in pollution of land or waters of the Commonwealth.
(f) Processing residual waste generated by the development, drilling, stimulation, alteration, operation or plugging of oil or gas wells other than as provided for in subsections (a) and (b) shall comply with the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003).
(g) Processing of fluids in a manner approved under subsection (a) will be deemed to be approved at subsequent well sites provided the operator notifies the Department of location of the well site where the processing will occur at least 3 business days prior to the beginning of processing operations. The notice shall be submitted electronically to the Department through its web site and include the date activities will begin.
(h) Sludges, filter cake or other solid waste remaining after the processing or handling of fluids under subsection (a) or (b), including solid waste mixed with drill cuttings, shall be characterized under § 287.54 (relating to chemical analysis of waste) before the solid waste leaves the well site.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
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