Today the U.S. Environmental Protection Agency (EPA) published a proposed rule under the Clean Water Act that would prohibit the discharge of unconventional oil and gas extraction wastewaters to publicly owned treatment works (POTWs). The rule would apply to wastewater associated with production, field exploration, drilling, well completion and well treatment for unconventional operations, but would not apply to wastewater produced by conventional operations. According to EPA, the industry does not currently discharge unconventional wastewater to POTWs and this rule “will ensure that such current industry best practice is maintained over time.” The rule would be immediately effective on the date of publication of the final rule. Comments on the proposed rule must be received on or before June 8, 2015.
As reported by the Wilkes Barre Times-Leader, the Pennsylvania Department of Environmental Protection (“DEP”) recently approved a solid waste disposal permit modification to allow Keystone Sanitary Landfill (“Keystone”), located in Lackawanna County, to process water-based drilling fluid waste. Keystone will separate the solids from the incoming fluid waste. According to DEP’s approval letter, the separated liquid will be returned to oil and gas industry operators for reuse, while the solid waste will be processed on site and deposited in the landfill. The approved permit modification does not increase Keystone’s 2,000-ton daily limit on the disposal of drilling-related materials.
Ohio legislation enacted earlier this year imposes new requirements on facilities that store, recycle, treat, process or dispose of brine or other waste substances associated with the exploration, development and operations of oil and gas wells. Under the new requirements, the Chief of the Division of Oil and Gas Resources Management must adopt rules establishing the procedures and requirements for applications to obtain permits for the installation and operation of these waste facilities. The Division has established a two-step process for waste facility operators to comply with the new requirements:
- Beginning on January 1, 2014, operators of these facilities must apply for a temporary authorization, known as a Chief’s Order, to install new facilities or continue to operate existing facilities.
- After the Chief promulgates the new rules, all facilities operating under a Chief’s Order and new facilities will be required to obtain a permit in conformance with the new rules.
The Division of Oil and Gas Resource Management intends to propose the new rules in early 2014. Guidelines for applying for Chief’s Orders for interim authority to install or operate facilities have been posted on ODNR’s website and are available here.
The United States Coast Guard is accepting public comments on a proposal that would allow wastewater from hydraulic fracturing to be transported on barges using the Ohio River. According to the Coast Guard there is commercial interest in transporting shale gas extraction wastewater from northern Appalachia to storage and reprocessing centers in Ohio, Texas and Louisiana via inland waterways, rather than by truck or rail service.
Chem.info reports that GreenHunter Water has obtained all of the permits necessary to begin removing old structures at a former oil service site in Warwood, West Virginia. Development of the site for its frack water recycling plant could be finished as soon as February of 2014. John Jack, vice president of business development of GreenHunter Water, indicated that the site will contain 19 storage tanks, and that GreenHunter Water is expecting approximately 30 trucks per day to arrive at the site, with each truck carrying 100 barrels of fracking brine water. Eventually, GreenHunter Water would like to implement a barging aspect to the plant, which would help alleviate road traffic. GreenHunter Water hopes to hire 12 to 20 employees to work at the site.
The Wheeling Planning Commission has approved plans of GreenHunter Resources, Inc. for a water recycling and barging facility to be constructed in Wheeling, WV. The $1.7 million construction project, as reported by the Pittsburgh Business Times, is GreenHunter’s latest solution for dealing with production water resulting from hydraulic fracturing activities in West Virginia. The facility will treat production water to be re-used by companies, with any remaining water transported by barge to disposal wells. GreenHunter estimates that every 10,000 barrel barge load can remove 100 trucks from the water transportation process.
The U.S. Geological Survey (USGS) noted in a recent article published in Science magazine that over the last few years earthquakes have become more frequent in the central and eastern United States, which in some instances appear to coincide with the injection of industrial wastewater in deep disposal wells. To better understand the relationship between earthquakes and injection disposal activities, USGS recommends improvements in the collection and reporting of injection data to regulatory agencies, with a focus on daily reporting of injection volumes, peak and average injection pressures.
A bill was recently introduced in the Pennsylvania House of Representatives that would require use of closed containment or loop systems for all non-freshwater associated with drilling and hydraulic fracturing. Introduced by Representative Karen Boback, who represents parts of Luzerne, Wyoming, and Columbia counties, House Bill 1546 would prohibit the use of open impoundments to store “any produced liquids, treated water, hydraulic fracturing fluid or industrial wastes,” and would mandate the use of “closed containment system” or “closed loop system,” as defined in the bill. “Closed containment system” is defined as “closed noncorrosive tanks or containers” for storing the fluids described above, while “closed loop system” means “a series of interconnected, enclosed noncorrosive storage tanks or containers” that can help maximize the amount of drilling fluid that can be reused and recycled in the hydraulic fracturing process. Rep. Boback acknowledged that the bill is aimed at a minority of operators who still use open impoundments to store the described fluids.
The U.S. Coast Guard recently indicated that GreenHunter Water’s plan to transport brine from hydraulic fracturing via barges may undergo heightened scrutiny, with more federal agencies expected to weigh in on the matter. In addition to the Coast Guard, the federal agencies reportedly involved in the project discussions are the U.S. EPA, U.S. Department of Transportation, U.S. Department of Energy, and White House Office of Management and Budget. Although EPA’s involvement was foreseeable, the involvement of these additional agencies comes as a surprise. The project review process could involve public hearings, if they are deemed necessary by the agencies. Additional layers of review will likely delay project approval. Nevertheless, GreenHunter Water hopes to operate the new processing facility associated with the barge transport project later this year.
Ohio House Democrats introduced a bill on Wednesday that would make it illegal to dispose of oilfield waste, also known as brine, in any of Ohio’s 179 active Class II injection wells. Under current state law, brine must be either reused at another well site or disposed of underground. Should the bill pass, the use of brine on roads, used as a pre-treatment for ice in the winter and to suppress dust on dirt roads in the summer, would also be prohibited. However, given the track record of other similar and unsuccessful attempts at legislation, the possibility of such a ban passing the Republican-controlled legislature is remote.
The West Virginia Department of Environmental Protection will present an Oil & Gas Workshop at the Charleston Civic Center on May 16th beginning at 8:00 a.m. Speakers will address a wide variety of topics of interest to operators, contractors, consultants and attorneys- including waste water issues, permitting, compliance, pipeline safety, and horizontal well issues. To attend the workshop, contact B. J. Chestnut at B.J.Chestnut@wv.gov by May 10, 2013.
On April 3, 2013, the PADEP issued a press release informing the public that it had released additional information and details regarding its ongoing comprehensive radiation study of oil and gas development in Pennsylvania, which was originally announced by PADEP on January 24, 2013. The additional information includes PADEP’s:
According to the press release, PADEP “will sample and analyze radioactivity levels of flowback waters, treatment solids, drill cuttings and drilling equipment, along with the transportation, storage and disposal of drilling wastes.” PADEP noted that it plans to begin sampling this month.
Reflecting the development of barge transport for moving fluids from natural gas exploration and production activities, GreenHunter Water, LLC recently bought a 10.8 acre barging terminal facility in Wheeling, West Virginia. The terminal facility was previously used as a gasoline storage facility and will be converted into a water treatment, recycling, and condensate-handling logistics terminal. The facility is scheduled to begin operation in the third quarter of this year. The price for the barge facility was $750,000, and is touted as being the first of its kind in the country. GreenHunter Water is a subsidiary of GreenHunter Energy, Inc., a water resource, waste management and environmental services company.
A recent study by the Proceedings of the National Academies of Sciences concluded that Pennsylvania’s waterways show little evidence of damage from chemical spills from oil and gas operations. The Associated Press reports that the study covered almost 5,000 gas drilling sites around the state. The study noted a 5 percent increase in suspended solids downstream of drilling operations, but the study did not determine the source of the increased suspected solids, which are often associated with runoff from development. The study also noted a 10 percent increase in chloride levels downstream from plants accepting wastewater.
WJAC-TV reports that Aspen Fluid Logistics plans to continue its development of a wastewater treatment pilot system in Johnstown, Pennsylvania, despite weather and permitting challenges. The pilot project, which was announced last April, will treat up to 50,000 gallons per day of wastewater from oil and gas drilling operations. It is estimated that the project will bring more than 100 jobs to Cambria County and surrounding areas. If the pilot program is successful, company officials indicate that they hope to complete construction of a full water treatment facility, which would take at least two years.