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IRRC Approves Tougher Drilling Wastewater, Erosion & Sedimentation Rules
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Gov. Rendell this week praised two votes by members of the Independent Regulatory Review Commission he said will protect Pennsylvania's streams and drinking water supplies against total dissolved solids pollution from Marcellus Shade drilling wells and other sources from stormwater runoff.
The new total dissolved solids, or TDS, rules the Commission approved will ensure rivers and streams in Pennsylvania do not exceed the safe drinking water standard of 500 milligrams per liter, the Governor said. The rules also will protect businesses by grandfathering all existing discharges and allowing businesses to use a stream's ability to absorb those discharges while not exceeding drinking water standards.
"Today's IRRC vote is a great step forward in our efforts to protect one of the state's greatest natural and economic assets-our waterways," said Gov. Rendell. "Millions of Pennsylvanians rely on the state's rivers and streams for drinking water; countless numbers of our residents and visitors from out-of-state come here to fish these waters or use them for recreation; and some of our largest industrial employers wouldn't be able to operate here if not for the clean, reliable supply of water they offer. So, we cannot allow new, heavily polluted sources of wastewater to contaminate them.
"That's why these regulations are so important," added the Governor, who noted the approved regulations now await review from the environmental resources and energy committees in the state House and Senate."
Both regulations were approved by a vote of 4 to 1.
Drilling Wastewater
"As the natural gas industry expands to access the Marcellus Shale reserves in Pennsylvania, the volume of wastewater returned to our streams could increase exponentially, and the only way to protect our water resources is to implement new wastewater treatment standards for the drilling industry," said Department of Environmental Protection Secretary John Hanger. "The National Association of Water Companies and many other individuals and groups across the state strongly support the adoption of this rule and I commend the Independent Regulatory Review Commission for taking this action. All other industries are responsible for the waste they generate and the drilling industry should be no exception."
Secretary Hanger noted that drilling wastewater contains very high levels of total dissolved solids - chlorides and sulfides - that must be removed before discharging into surface waters. High TDS levels have damaged industrial equipment, caused drinking water companies to issue drinking water advisories and even led to a massive fish kill on Dunkard Creek. Some of Pennsylvania's rivers are near their capacity to absorb and dilute additional levels of TDS.
The regulations will require drillers to treat drilling wastewater to 500 mg/l or to drinking water quality at the discharge pipe if they choose to return drilling wastewater to rivers and streams. Drillers have several options to dispose of wastewater in Pennsylvania, including: reuse or recycling; disposal in deep caverns when permitted by the U.S. Environmental Protection Agency; or full treatment to the 500 mg/l for TDS standard.
The last option will only work if polluted water is properly treated to reduce high TDS levels. Several states, including Texas, Oklahoma, New York, Iowa, Virginia, Arkansas and Tennessee, prohibit returning any drilling wastewater to streams.
Natural Gas Industry Reaction
Kathryn Klaber, president and executive director of the Marcellus Shale Coalition, issued this statement about the new rules, which have been sought by DEP:
“There is not a single water treatment facility in Pennsylvania that could meet this unreasonable benchmark, which will not provide any additional environmental benefit.
“Our industry is working aggressively and constantly to improve our water management practices, as one of our top priorities has been and remains the protection of our rivers, lakes, streams and tributaries. In fact, MSC members are now recycling nearly 60 percent of the water from this process. Many are recycling almost 100 percent of their water, thanks to new technologies and the unwavering commitment to environmental protection.
“There is a need for commonsense regulations that encourage the production job-creating natural gas throughout the Commonwealth and aim to keep our water clean. Unfortunately, these rules will make responsible shale gas development more difficult, and the jobs and economic benefits created throughout this process less likely, without positively impacting Pennsylvania’s water quality.”
Erosion & Sedimentation
The panel also approved new regulations to enhance existing rules governing erosion, sediment control and stormwater to protect streams from the effects of new development, reduce localized flooding during heavy storms, and cut sediment and nutrient pollution.
The new rules, which also include an updated permit fee structure, bring Pennsylvania into compliance with federal requirements for:
-- Erosion and sedimentation controls and post-construction stormwater runoff;
-- Creating mandatory requirements for establishing and protecting existing streamside and riverside buffers in high quality and exceptional value watersheds; and
-- Enhancing agricultural stormwater management provisions beyond plowing and tilling to include animal-heavy use areas.
The regulations also contain $5 million in permit fees increases designed to help offset, in part, the 26 percent cut in the General Fund appropriation to DEP in this year's budget and continued in FY 2010-11.
Environmental Reaction
“We applaud today’s vote in favor of adopting these important new standards. DEP based the regulations on sound science and the result will be better protection for our streams and drinking water.," said Matthew Ehrhart, PA Executive Director of the Chesapeake Bay Foundation.
“This proposal places tight limits on the total dissolved solids (TDS) allowable in treating hydraulic fracturing wastewater and will protect Pennsylvania’s streams, our communities, and our industries that depend on clean water. It will additionally provide protection for sewage treatment facilities that were not designed to treat the high TDS concentrations components that exist in this type of wastewater.
“The high TDS and other chemicals found in hydraulic fracturing wastewater can be damaging to the biological systems employed at many wastewater treatment facilities. These systems are critical to meeting nitrogen and phosphorus limits as required through the Chesapeake Bay Water Quality Standards. Additionally, the proposal protects drinking water plants and other industries that rely on fresh water.
“The IRRC also approved improvements to Pennsylvania's regulations on preventing pollution from construction sites. The new regulations require that when a new development is proposed, our most pristine streams will be protected by a 150-foot streamside forest on both sides of the stream.
"Scientific research has shown that these forests, called buffers, provide critical benefits to water quality while often increasing neighboring property values. The new regulations also strengthen requirements for controlling stormwater pollution from new development and clarify requirements for agricultural operations that have livestock heavy use areas.
“Streamside forests and better stormwater pollution controls protect our streams from polluted runoff. CBF fully endorses these new requirements.
“These votes are a major victory for water quality in Pennsylvania.”
Next Steps
The Senate Environmental Resources and Energy Committee last week and the House Environmental Resources and Energy Committee this week requested a 14 day extension of their opportunity to comment on these regulations. Both committees expressed interest in seeing the results of the IRRC meeting.
Copies of the regulations are available on the May 17 Environmental Quality Board meeting webpage.
NewsClips: Wastewater Rule Wins Key Vote In Harrisburg
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6/21/2010 |
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