WV0023124

CITY OF

MORGANTOWN

LETTER ACCEPTING OIL

& GAS WASTEWATER

DATE D: 8/11/09
dep

westvirginladepartment ofenvlronmentalprotection

Division of Water and Waste Management

601 57th Street, S.E.

Charleston, WV 25304

Phone 304-926-0495

Fax 304-926-0496

Joe Manchin III, Govemor

Randy C. Huffman, Cabinet Secretary

www.wvdep.org

August 11, 2009

Mr. Terry Hough

City of Morgantown

389 Spruce Street

Morgantown, WV 26505

9z 7 .08 39_362, 7S 2 4

CERTIFIED RETURN RECEIPT REQUESTED

Re: WV/NPIDES Permit No, WV0023124

Accepting Oil and Gas Wastewater

Dear Mr. Hough:

Recently, the WVDEP has become aware that some POTWs are receiving nondomestic

wastewaters associated with oil and gas operations. In addition, the agency has also received

numerous inquiries from POTWs with approved pretreatment programs regarding these

wastewaters. As such, the agency is providing this correspondence to remind the permit-tee of its

responsibilities and obligations as an approved pretreatment program, provide information

related to these wastewaters, identify the agency's minimum expectations for assessing and

permitting the acceptance of these wastewaters, and to identify the minimum requirements to be

imposed upon the POTW by the agency if the permittee decides to accept these wastewaters.

The USEPA and WVDEP discourage POTWs from accepting wastewater from oil and

gas operations such as coal bed methane gas and marcellus shale wastewaters because these

wastewaters essentially pass through sewage treatment plants and can cause inhibition and

interference with treatment plant operations. The wastewaters from these types of operations

contain high levels of chloride, dissolved solids, sulfate, and other pollutants. POTWs provide

little to no treatment of these pollutants and could potentially lead to water quality issues in the

receiving stream. The permittee discharges to the Monongahela River basin which flows into the

State of Pennsylvania. Pennsylvania has recently experienced exceedances of water quality

standards with respect to total dissolved solids_aiid Sulfate in the Monongahela River. Therefore,

prior to accepting these types ofwastewaters, the permittee must evaluate and establish local

limits accordingly. The agency strongly encourages the permittee to ensure that appropriate

local limits be established to prevent inhibition, pass-through, and interference with all POTW

operations. Prior to the permittee issuing a permit for the acceptance of these wastewaters, the

permit-tee must establish appropriate local limits through a permit modification and adopt them

into its sewer use ordinance. The following bullets list the agency's expectations and

Promoting a healthy environment.
Accepting Oil and Gas Wastewater

August 11, 2009

Page 2 of 4

requirements that would be imposed, at a minimum, if the permittee decides to pursue accepting

oil and gas related wastewaters.

® The agency has determined that the following pollutants are pollutants of concern

associated with oil and gas related wastewaters and may have a potential for inhibition,

interference, and pass-through: total dissolved solids (TDS), sulfate, chloride, arsenic,

titanium, cobalt, nickel, silver, zinc, vanadium, tin, cadmium, lead, chromium, hexavalent

chromium, copper, fluoranthene, cyanide, mercury, selenium, antimony, beryllium,

barium, ammonia nitrogen, fluoride, nitrite nitrogen, nitrate nitrogen, oil and grease, total

suspended solids, iron, aluminum, chloroform, benzene, phthalate esters, strontium,

strontium-90, boron, lithium, gross alpha radiation, gross beta radiation, and radium 226

+ radium 228.

®

The permittee must conduct a head-works analysis and establish a Maximum Allowable

Headworks Loading (MAHL) for the pollutants of concern listed above. If the actual

loading of any of the pollutants is more than 20% of the MAHL, a local limit must be

developed for the pollutant and adopted. Regardless, the permittee must develop local

limits for all pollutants that may cause interference, inhibition, or pass through at the

POTW including sludge disposal and to protect POTW workers.

Wastewater shall not be introduced or connected into a combined sewer at a point where

there are combined sewer overflows (CSOs) between the introduction/connection point

and the head-works. Additionally, if the permittee is not a combined sewer system and

contains sanitary sewer overflows (SSOs), wastewater shall not be introduced or

connected into the sewer ata point where there are SSOs between the

introduction/connection point and the head-works.

No pollutants can be introduced into a POTW (including the collection system) that can

create a fire or explosion hazard. Wastewaters with a closed cup flashpoint of less than

140 degrees Fahrenheit using test methods specified in 40 CFR 261.21 of the code of

federal regulations are prohibited from being introduced into POTWs. Due to the nature

of the organic pollutants present in this nondomestic wastewater, the permittee must

conduct thorough testing on this nondomestic wastewater to determine if it is permissible.

Additionally, this should also be imposed as a limit in any permit issued by the City for

this type of wastewater.

® No pollutants can be introduced into a POTW (including the collection system) which

result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that

may cause acute worker health and safety problems. Due to the nature of the organic

pollutants present in this nondomestic wastewater, the permittee must evaluate the

necessity of limitations to be protective of POTW workers. Information on this type of

evaluation is available in an EPA guidance document entitled Guidance to Protect POTW

Workers from Toxic and Reactive Gases and Vapors (EPA Document No. 812-B-92-001

issued June 1992).

The acceptance of this wastewater during wet weather events shall not lead to increased

wet weather discharges from CSOs or SSOs.
Accepting Oil and Gas Wastewater

August 11, 2009

Page 3 of 4

• The agency will impose monitoring at the discharge from the permittee's outfall for the

pollutants listed above.

Due to issues with TDS and sulfate in the Monongahela River in Pennsylvania, the

agency will impose limits for TDS and sulfate without the benefit of a mixing zone on the

permittee's discharge outfall in order to be protective of Pennsylvania's water quality

criteria."

• The agency will also impose effluent limitations for chronic toxicity, chloride, and

possibly other pollutants.

If a POTW accepts wastewater at the POTW treatment facility via truck, train, or

dedicated pipeline, including oil & gas extraction wastewater, the POTW must evaluate

whether or not the wastewater is a hazardous waste (for instance a characteristic waste

under 40 CFR 261.24). If the Wastewater is a hazardous waste, the POTW must evaluate

whether it qualifies as a permit by rule facility under 40 CFR 270.60(e) and meet

notification, manifest, and reporting requirements including any more stringent state

hazardous waste and corrective action requirements. If the POTW accepts hazardous

waste at the treatment plant and does not qualify as a permit by rule facility, it must check

with the state hazardous waste agency to determine its requirements. For further

information regarding hazardous waste requirements, please contact Carroll Cather of the

WVDEP at 304-926-0499 extension 1317. USEPA and WVDEP recommend that

POTWs not accept hazardous waste at the treatment plant.

I

Technologically Enhanced, Naturally Occurring Radioactive Materials (TENORM) are

regulated by the Nuclear Regulatory Commission (NRC) and/or the West Virginia

Department of Health and Human Resources (WVDHI-IR) per 60 CSR 23 of the West

Virginia Legislative Rules. This regulation requires facilities accepting TENORM to be

certified by either the WVDHHR or the NRC prior to acceptance. Further, TENORM

includes requirements with respect to radioactive exposure levels that may need imposed

as local limits and/or effluent limits to be protective of POTW workers and water quality

standards. The permit-tee must coordinate with the NRC and/or WVDHHR to obtain any

necessary approvals and provide its findings to the WVDEP.

While some of the requirements noted above are specific to oil and gas related

wastewaters; the permit-tee must consider the pollutants of concern, pass through and

interference, the impacts on CSO or SSO discharges, the impacts on the permittee's Long-Term

Control Plan and meeting water quality, and the need for new/modified local limits and revisions

to its sewer use ordinance when evaluating new or expanded discharges of any nondomestic

wastewaters.
Accepting Oil and Gas Wastewater

August 11, 2009

Page 4 of 4

If you have any comments or questions, feel free to contact Netar (Nate) Wadhwa of our

office at 304-926-0499 extension 1013.

Sincerely,

Scott G. Mandirola

Acting Director

SGM:mls

cc: Environmental Enforcement Inspector

Environmental Enforcement Inspector Supervisor

US EPA Region 3
ST4TES

POST4L SER E.

Date: 08/24/2009

Iori derrick:

The following is in response to your 08/24/2009 request for delivery information on your

Certified MaiI(TM) item number 7108 2133 3936 2975 0214. The delivery record shows that

this item was delivered on 08/17/2009 at 12:02 PM in MORGANTOWN, WV 26505. The

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