UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION '" 1650 Arch Street Philadelphia, Pennsylvania 19103-2029



## MAY 

## 1 2 2011

The Honorable Michael Krancer, Secretary Pennsylvania Department ofEnvironmental Protection Rachel Carson State Office Building P.O. Box 2063 Harrisburg, Pennsylvania 17101

Dear Secretary Krancer:

I am writing regarding the April 19, 2011 Pennsylvania Department ofEnvironmental Protection (PADEP) press announcement and the May 2, 2011 follow-up discussions between the U.S. Environmental Protection Agency (EPA) and PADEP concerning the disposal of Marcellus Shale wastewater.

On April 19, 2011, PADEP announced its requestthat Marcellus Shale natural gas drillers voluntarily cease delivering their wastewaterto 15 wastewater treatmentplants which currently accept it and have "grandfathered" status with respectto PADEP's 2010 Total Dissolved Solids regulations. We understand that PADEP believes oil and gas drillers will likely

cease sending their Marcellus Shale wastewater to these Publically Owned TreatmentWorks (POTW) or Centralized Wastewater Treatment (CWT) within the Commonwealthby May 19,2011. EPA was informed that PADEP will be contacting these POTW and CWT after that date to confirm thatthe oil and gas wastewater is no longer being disposed atthose facilities. We also understand thatPADEP will discuss the results ofthose POTW and CWT inquiries with my staffin early June 2011. We urge PADEP to seek formal written confirmation ofthe change ofdisposal methods since it may affect which POTWs are subjectto the federal pretreatment regulations, which EPA Region III administers directly. We also must ensure that such wastewater is properly disposed ofafter May 19,2011. Please specify whetherPADEP will require the gas drillers to submitmodified disposal plans pursuant to the Pennsylvania Code Title 52 Section 78.55. While we appreciate PADEP's effortto reduce oil and gas wastewater discharges to Pennsylvania's waters, we believe modifications to the prior wastewater disposal practices should be legally enforceable to the greatest extentpossible. We are currently working with oil and gas drillers to obtain information on their waste and waste disposal methods and are providing the drillers with information on EPA's actions regarding Marcellus Shale wastewater.



# o Printedon 100% recycled/recyclablepaper with 100%post-consumer fiber andprocess chlorinefree. CustomerService Hotline: 1-800-438-2474EPA, as the pretreatment authority, would like to clarify its position regarding pretreatmentrequirements for POTWs accepting new sources ofwaste for treatment. PADEP should notify EPA whenever PADEP becomes aware, whether through notice from POTW operators or by other means, ofthe introduction ofall newpollutants into POTWs from indirect discharges. The POTWs also have an independentresponsibility to provide such notice directly to EPA as the Approval Authority. EPA may, subsequent to such notice, determine that additional permitrequirements are needed to protect water quality and preventpass-through or interference. PADEP should include language in permits to assistpermittees in understanding these notificationrequirements. In addition to PADEP's determination whether additional or
more stringent water quality-based effluent limits are needed in light ofthe new information of pollutants being introduced into the POTW or its collection system, EPA will evaluate the introduction ofnew pollutants to determine whether POTWs that do not have approved pretreatmentprograms must develop suchprograms and whether POTWs with approved pretreatmentprograms must modify those programs, including a revision oflocal limits, before

or as a condition ofacceptance ofthe waste. POTWs may not accept, and the National Pollutant Discharge Elimination System (NPDES) permits may not authorize acceptance of, wastewater that will cause pass through or interference, including a violation ofany sludge disposal requirements.

EPA also requests that, by June 19,2011, PADEP prioritize modifying or reissuing NPDES permits for POTWs and CWTs that are still accepting Marcellus Shale wastewater after May 19,2011 to include proper permit conditions and effluent limitations for the pollutants of

concern identified inthe Marcellus Shale wastewater. Permits for facilities that are permitted to accept Marcellus Shale wastewater but are not currently accepting this wastewater should be reopened and modified as soon as possible, butnot laterthan May 31,2012. EPA will workwith PADEP to ensure that any permit issued to a POTW accepting such wastewater after May 19, 2011, either directly or from a CWT, include appropriate pretreatmentrequirements for Marcellus Shale wastewater. Both POTWs and direct discharging CWTs should also be evaluated for compliance with the Commonwealth's Water Quality Standards (numeric and narrative) and for protection ofpotentially affected public water supplies. EPA will be providing guidance to assistpermitting authorities in developing suchpermit conditions for facilities that accept shale gas extraction wastewater.
My staffwill also be sharing separate correspondence with PADEP on the current triennial review ofstate water quality standards to ensure that pollutants ofconcern from gas drilling are fully considered in the Commonwealth's standards for the protection ofpublic health and the aquatic environment. We encourage you to move quickly to adopt water quality standards for the protection ofdrinking**wat~r** and aquatic life uses, and to ensure that water quality criteria are applied throughout designated waterbodies, including at the point of wastewater discharge. We recommend that PADEP determine whether water quality criteria for such parameters as Total Dissolved Solids, chlorides, bromides, and radionuclides need to be adopted ormodified to protect drinking water and other designated uses downstream ofoil and gas wastewater discharges.

We appreciate your recentrequest for supplemental monitoring and datafrom drinking water facilities and will have follow-up discussions with your staffon the need for additional, representative samples where drinking water facilities are downstream ofPOTWs or CWTs still accepting Marcellus Shale wastewater. Also, on the matter ofdrinking water protection,


# o PrintelJon 100% recycled/recyclablepaperwith 100%post-consumer fiber andprocess chlorinefree. CustomerService Hotline: 1-800-438-2474Mr. Jon Capacasa, EPA Region 

### ill s Water Protection Director sent aMay 9 2011 letterto PADEP s . outhwest Regional Office addressing the necessary· authorization from the Underground Injection Control program which EPA administer 

### in Pe.nnsylvania for any placement offluids in injection wells or b re holes. Today we are initiating action to require TunneltonLiquids Company to cease theunauthorized injection ofwastes at its Saltsburg facility. We lookforward to working with you on this matt r statewide in the nearfuture.

Ifyou have any que tion please do not hesitate to contact me or have your staffcontact Dr. Jennie Saxe EPA s P nnsylvania Lial on at 215-814-5806.
Sincerely

# /X1~Nj iJ1.

# )j~

hawn M. Garvin Regional Admini trator



## r.

.... Printedon 100% recycled/recyclablepaperwith 100%post-consumer fiber andprocess chl()rine free. 

### CustomerServiceHotline: 1-800-438-2474