PA Environment Digest Blog: DEP Solid Waste Advisory Committee Meets Oct. 7 To Review Draft Changes To Co-Product Determination Process For Reclassifying Materials As Not Waste; It Became Controversial In Debate Over Road Dumping Contaminated Water From Conventional Oil & Gas Wells

The DEP Solid Waste Advisory Committee is scheduled to meet October 7 to review draft changes DEP is proposing to the Co-Product Determination Process that allows companies to reclassify materials as not waste.

The agenda for this joint meeting with the Recycling Fund Advisory Committee also includes presentations on--

-- Permits-by-rule for small scale, source-separated food scraps collection, composting and anaerobic digestion facilities;

-- Update on Solid Waste Infrastructure for Recycling Study

-- Updated Recycling Economic Impact Study by the PA Recycling Markets Center

-- Results of 2025 Battery Recycling Campaign

-- Review of FY 2025-26 Recycling Fund Expenditures

-- Proposed FY 2027-28 Recycling Fund Spending Plan

Co-Product Determination Changes

Current law and regulations allow conventional oil and gas well owners to indiscriminately dispose of the wastewater continuously produced by their wells by dumping it on public dirt and paved roads, if they can meet the co-product provisions in the Residual Waste Regulations.

DEP told the Solid Waste Advisory Committee in March it wanted to tighten the co-product provisions that conventional oil and gas well owners attempted to use as justification for the unrestricted disposal of their wastewater.

The co-product Determination rule provides an avenue for beneficial reuse of certain materials generated during a manufacturing process as a substitute for an intentionally manufactured product or produced raw material through land application or energy recovery. [See 25 PA Code Chapter 287.1 and 287.8]

DEP said the purpose of the changes is to bolster the existing regulations to ensure legitimacy as companies go through the co-product process.

But they also wanted to be able to garner additional information regarding co-product usage in the Commonwealth moving forward, while still maintaining the integrity of the existing co-product avenue.

These regulations have not been changed since they were adopted in 2001.

Click Here for an overview of DEP’s presentation to SWAC in March.

Proposed Co-Product Changes

Among the draft changes DEP is proposing are--

-- Notice to DEP: A company must notify DEP that it has made a co-product determination before distribution of the material along with background information on the material and the determination. DEP can then request a copy of the determination. There was no notice requirement in the original regulations.

-- Notice to Users: A company must provide users of the material with the co-product determination and supporting documentation.

-- Material Is The Same Over Time: The material must be produced by a process that results in a material that is constant over time, producing the same physical and chemical characteristics.

-- Material Cannot Be Compared To Another Material That Was Determined To Be Not A Waste

-- Disposal Is Not A Legitimate Reuse Of A Material

-- Evaluation of the efficacy of the material must show it “will not have detrimental impacts, including damage to infrastructure, risk to public health or safety, harm to livestock or fauna, and risk to waters of the Commonwealth.”

Click Here for a copy of the draft changes.

Public Comment Period

Individuals who wish to provide comments during the public comment period are requested to register at least 24 hours in advance of the meeting by contacting Laura Henry at 717-772-5713 or lahenry@pa.gov.

Joining The Meeting

The meeting will be held October 7 in the Delaware Room, 16th Floor of the Rachel Carson Building in Harrisburg starting at 10:00 a.m.

Click Here for procedures on the Agenda to join the meeting online or by telephone.

Visit DEP’s Solid Waste Advisory Committee webpage for available handouts and more information. Questions should be directed to Laura Henry at 717-772-5713 or lahenry@pa.gov.

Resource Links - Co-Product:

-- DEP To Tighten Residual Waste Coproduct Regulations That Allow Unrestricted Disposal Of Conventional Oil & Gas Wastewater By Dumping It On Public Roads [PaEN]

-- House Hearing: Shapiro Administration Supports Bill Banning Road Dumping Oil & Gas Wastewater, Prohibiting Its Use As Coproduct Under Residual Waste Regulations [PaEN]

-- Millions Of Gallons Of Conventional Oil & Gas Wastewater Spread Illegally On Dirt Roads, Companies Fail To Comply With DEP Waste Regulations [PaEN]

-- DEP Advises 18 Municipalities Where Road Dumping Of Conventional Oil & Gas Drilling Wastewater Is Occurring The Practice Is Illegal And Considered Waste Disposal [PaEN]

-- DEP Lists 84 Townships As ‘Waste Facilities’ Where Conventional Oil & Gas Wastewater Has Been Disposed Of By Road Spreading; Municipalities Need To Do Their Due Diligence [PaEN]

PA Oil & Gas Industry, Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Snapshot - September 26 to October 2 [PaEN]

-- FracTracker Alliance/DEP Report Owners Of Over 81,000 Conventional Oil & Gas Wells Did Not Report How Much Waste They Produced In 2025; DEP Proposes Changes To Eliminate Failure To Report Waste information [PaEN]

-- DEP Issues 21 More Violations For Abandoning, Not Plugging Conventional Oil & Gas Wells To 17 Companies In 11 Counties; Total Of 46 Abandoned Well Violations In September [PaEN]

-- DEP: Equipment Failure At Catalyst Energy Injection Well Results In Contaminated Water Discharges In Keating Twp., McKean County [PaEN]

-- DEP - Day 202: Ows Acquisition Co Conventional Well Site Still Discharging Contaminated Water In the City Of Hermitage, Mercer County [PaEN]