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 request that Marcellus Shale natural gas

drillers voluntarily cease delivering their wastewater to 15 wastewater treatment plants which

currently accept it and have "grandfathered" status with respect to 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 Treatment Works

(POTW) or Centralized Wastewater Treatment (CWT) within the Commonwealth by

May 19,2011. EPA was informed that PADEP will be contacting these POTW and CWT after

that date to confirm that the oil and gas wastewater is no longer being disposed at those facilities.

We also understand that PADEP 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

of disposal methods since it may affect which POTWs are subject to the federal pretreatment

regulations, which EPA Region III administers directly. We also must ensure that such

wastewater is properly disposed of after May 19,2011. Please specify whether PADEP will

require the gas drillers to submit modified disposal plans pursuant to the Pennsylvania Code Title

52 Section 78.55. While we appreciate PADEP's effort to 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 extent possible. 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.

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EPA, as the pretreatment authority, would like to clarify its position regarding

pretreatment requirements for POTWs accepting new sources of waste for treatment. PADEP

should notify EPA whenever PADEP becomes aware, whether through notice from POTW

operators or by other means, ofthe introduction of all new pollutants into POTWs from indirect

discharges. The POTWs also have an independent responsibility to provide such notice directly

to EPA as the Approval Authority. EPA may, subsequent to such notice, determine that

additional permit requirements are needed to protect water quality and prevent pass-through or

interference. PADEP should include language in permits to assist permittees in understanding

these notification requirements. 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 of new pollutants to determine whether POTWs that do not have approved

pretreatment programs must develop such programs and whether POTWs with approved

pretreatment programs must modify those programs, including a revision oflocal limits, before

or as a condition of acceptance 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 of any 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 in the 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, but not later than May 31,2012. EPA will work with

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 pretreatment requirements 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 of potentially affected public water supplies. EPA will be providing

guidance to assist permitting authorities in developing such permit conditions for facilities that

accept shale gas extraction wastewater.

My staff will also be sharing separate correspondence with PADEP on the current

triennial review ofstate water quality standards to ensure that pollutants of concern from gas

drilling are fully considered in the Commonwealth's standards for the protection of public health

and the aquatic environment. We encourage you to move quickly to adopt water quality

standards for the protection of drinking 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 or modified to protect drinking water and other designated uses downstream of oil and

gas wastewater discharges.

We appreciate your recent request for supplemental monitoring and data from drinking

water facilities and will have follow-up discussions with your staff on the need for additional,

representative samples where drinking water facilities are downstream ofPOTWs or CWTs still

accepting Marcellus Shale wastewater. Also, on the matter of drinking water protection,

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Mr. Jon Capacasa, EPA Region ill s Water Protection Director sent a May 9 2011 letter to

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

Tunnelton Liquids Company to cease the unauthorized injection of wastes at its Saltsburg

facility. We look forward to working with you on this matt r statewide in the near future.

Ifyou have any que tion please do not hesitate to contact me or have your staff contact

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.

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Customer Service Hotline: 1-800-438-2474