EPA Plans to Issue Rules Covering Fracking Wastewater

Date: October 20, 2011

Source: U.S. Environmental Protection Agency

The EPA, in response to increasing concerns about potential groundwater contamination, said it would develop standards for disposing of waste water from natural-gas drilling operations, particularly the practice of hydraulic fracturing, or fracking, which involves injecting large amounts of water and chemicals deep underground to free natural gas trapped in shale formations. Much of that water, often laden with salt and chemicals and known as "flowback," returns to the surface and requires disposal. Some waste water is reused or injected into underground wells, while some is sent to waste-water treatment plants. In a statement, the EPA said many treatment plants "are not properly equipped to treat this type of waste water," and said it would consider standards that must be met before water can be sent to a treatment facility. EPA said it would propose rules by 2014. The issue has come under increased public scrutiny recently, especially as fracking operations have moved eastward into more populated states like Pennsylvania. The move comes as the EPA's regulatory agenda faces wide criticism from industry and GOP lawmakers who say the agency's rules are hampering the economic recovery and impeding the development of domestic oil and gas. In announcing its effort, the EPA tried to blunt the criticism by praising natural gas and promising that any new industry requirements would be based on "economically achievable technologies."


PRESS RELEASE
October 20, 2011

EPA Announces Schedule to Develop Natural Gas Wastewater Standards/Announcement is part of administration's priority to ensure natural gas development continues safely and responsibly

WASHINGTON — The U.S. Environmental Protection Agency (EPA) is announcing a schedule to develop standards for wastewater discharges produced by natural gas extraction from underground coalbed and shale formations. No comprehensive set of national standards exists at this time for the disposal of wastewater discharged from natural gas extraction activities, and over the coming months EPA will begin the process of developing a proposed standard with the input of stakeholders – including industry and public health groups. Today's announcement is in line with the priorities identified in the president's Blueprint for a Secure Energy Future, and is consistent with the Secretary of Energy Advisory Board recommendations on steps to support the safe development of natural gas resources.

"The president has made clear that natural gas has a central role to play in our energy economy. That is why we are taking steps -- in coordination with our federal partners and informed by the input of industry experts, states and public health organizations -- to make sure the needs of our energy future are met safely and responsibly," said EPA Administrator Lisa P. Jackson. "We can protect the health of American families and communities at the same time we ensure access to all of the important resources that make up our energy economy. The American people expect and deserve nothing less."

Recent technology and operational improvements in extracting natural gas resources, particularly shale gas, have increased gas drilling activities across the country. Production from shale formations has grown from a negligible amount just a few years ago to almost 15 percent of total U.S. natural gas production and this share is expected to triple in the coming decades. The sharp rise in domestic production has improved U.S. energy security and created jobs, and as with any resource the administration is committed to ensuring that we continue to leverage these resources safely and responsibly, including understanding any potential impact on water resources.

Shale Gas Standards:
Currently, wastewater associated with shale gas extraction is prohibited from being directly discharged to waterways and other waters of the U.S. While some of the wastewater from shale gas extraction is reused or re-injected, a significant amount still requires disposal. As a result, some shale gas wastewater is transported to treatment plants, many of which are not properly equipped to treat this type of wastewater. EPA will consider standards based on demonstrated, economically achievable technologies, for shale gas wastewater that must be met before going to a treatment facility.

Coalbed Methane Standards:
Wastewater associated with coalbed methane extraction is not currently subject to national standards for being directly discharged into waterways and for pre-treatment standards. Its regulation is left to individual states. For coalbed methane, EPA will be considering uniform national standards based on economically achievable technologies.

Information reviewed by EPA, including state supplied wastewater sampling data, have documented elevated levels of pollutants entering surface waters as a result of inadequate treatment at facilities. To ensure that these wastewaters receive proper treatment and can be properly handled by treatment plants, EPA will gather data, consult with stakeholders, including ongoing consultation with industry, and solicit public comment on a proposed rule for coalbed methane in 2013 and a proposed rule for shale gas in 2014.

The schedule for coalbed methane is shorter because EPA has already gathered extensive data and information in this area, EPA will take the additional time to gather comparable data on shale gas. In particular, EPA will be looking at the potential for cost-effective steps for pretreatment of this wastewater based on practices and technologies that are already available and being deployed or tested by industry to reduce pollutants in these discharges.

This announcement is part of the effluent guidelines program, which sets national standards for industrial wastewater discharges based on best available technologies that are economically achievable. EPA is required to publish a biennial outline of all industrial wastewater discharge rulemakings underway. EPA has issued national technology-based regulations for 57 industries since 1972. These regulations have prevented the discharge of more than 1.2 billion pounds of toxic pollutants each year into US waters.

More information: water.epa.gov/lawsregs/lawsguidance/cwa/304m/.

Contact Information: Enesta Jones, jones.enesta@epa.gov, 202-564-7873, 202-564-4355

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