HB 84 — An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions; and, in residual waste, providing for prohibition on road spreading and land application of oil and gas wastewater.

PRINTER'S NO.   38

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 84
                                               Session of
                                                 2025

     INTRODUCED BY VITALI, HILL-EVANS, PIELLI, HOWARD, HOHENSTEIN,
        SAPPEY, RABB, GUENST, KHAN, HADDOCK, KENYATTA, FREEMAN, OTTEN
        AND WEBSTER, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, JANUARY 10, 2025


                                    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 § 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 allows the road spreading of oil-
25   related and gas-related wastewater, tophole water, production
26   water of any type, brine or wastewater sludge from conventional
27   or unconventional oil and gas wells in a manner prohibited by
28   subsection (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.




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