PRIOR PRINTER'S NO. 3244 PRINTER'S NO. 3290
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2384
Session of
2024
INTRODUCED BY VITALI, HILL-EVANS, RABB, HOHENSTEIN, KHAN,
SAPPEY, FREEMAN, WEBSTER, STEELE, OTTEN, D. WILLIAMS, CEPEDA-
FREYTIZ, HOWARD, PROBST AND DALEY, JUNE 5, 2024
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 2024
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Protection to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," in general
18 provisions, further providing for definitions; and, in
19 residual waste, providing for prohibition on road spreading
20 and land application of oil and gas wastewater.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The definition of "residual waste" in section 103
24 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid
25 Waste Management Act, is amended to read:
26 Section 103. Definitions.
1 The following words and phrases when used in this act shall
2 have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 * * *
5 "Residual waste."
6 (1) The term includes any of the following:
7 (i) Any garbage, refuse, other discarded material or
8 other waste including solid, liquid, semisolid, or
9 contained gaseous materials resulting from industrial,
10 mining and agricultural operations.
11 (ii) Any sludge from an industrial, mining or
12 agricultural water supply treatment facility, waste water
13 treatment facility or air pollution control facility,
14 provided that it is not hazardous.
15 (iii) Oil-related and gas-related wastewater,
16 tophole water, production water of any type, brine or
17 wastewater sludge from conventional or unconventional oil
18 and gas wells.
19 (2) The term does not include:
20 (i) Coal refuse as defined in the "Coal Refuse
21 Disposal Control Act."
22 (ii) Treatment sludges from coal mine drainage
23 treatment plants, disposal of which is being carried on
24 pursuant to and in compliance with a valid permit issued
25 pursuant to "The Clean Streams Law."
26 (iii) Current generation blast furnace, iron and
27 steel slag if:
28 (A) used onsite as a waste processing liming
29 agent in acid neutralization or onsite in place of
30 aggregate or sold and distributed in the stream of
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1 commerce for consumption, use or further processing
2 into another desired commodity; and
3 (B) managed as an item of commercial value in
4 accordance with industry practices to ensure
5 commercial value.
6 * * *
7 Section 2. The act is amended by adding a section to read:
8 Section 304. Prohibition on road spreading and land application
9 of oil and gas wastewater.
10 (a) It shall be unlawful for a person or municipality to
11 dispose, process, beneficially use or reuse oil-related and gas-
12 related wastewater, tophole water, production water of any type,
13 brine or wastewater sludge from conventional or unconventional
14 oil and gas wells:
15 (1) by application, dumping or spreading on any dirt,
16 gravel or paved road for any purpose; or
17 (2) by land application, except for the land application
18 of tophole water at a well site as specified under 25 Pa.
19 Code ยง 78.60 (relating to discharge requirements) or 78a.60
20 (relating to discharge requirements).
21 (b) It shall be unlawful for a vehicle used to transport
22 oil-related and gas-related wastewater, tophole water,
23 production water of any type, brine or wastewater sludge to be
24 equipped with a mechanism that could be used to dispose,
25 process, beneficially use or reuse the oil-related and gas-
26 related wastewater, tophole water, production water of any type,
27 brine or wastewater sludge from conventional or unconventional
28 oil and gas wells in a manner prohibited by subsection (b) (A). <--
29 (c) Oil-related and gas-related wastewater, tophole water,
30 production water of any type, brine or wastewater sludge from
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1 conventional or unconventional oil and gas wells proposed to be
2 used or being used for dust suppression, road deicing or road
3 bed stabilization shall not be considered a coproduct under the
4 regulations promulgated by the department.
5 Section 3. This act shall take effect in 60 days.
20240HB2384PN3290 - 4 -
Statutes/Laws affected: Printer's No. 3244: P.L.380, No.97
Printer's No. 3290: P.L.380, No.97