Division of Water and Waste Management

601 57 th Street, S.E. Charleston, WV 25304

Phone 304

- 926

- 0495

Fax 304

- 926

- 0496 Randy C. Huffman, Cabinet Secretary www.wvdep.org

Promoting a healthy environment. December 1 5 , 20 10

John Destefano, City Manager City of Follansbee

P.O. Box 606

872 Main Street Follansbee, WV 26037 CERTIFIED RETURN RECEIPT REQUESTED

Re: WV/NPDE S Permit No. WV0 020273 Accepting Oil a nd Gas Wastewater

Dear Mr. Destefano :

The WVDEP is the approval authority for new or expanded discharges of nondomestic wastewaters into POTWs without approved pretreatment progr ams. Therefore, the City of

Follansbee must modify its WV/NPDES permit prior to accepting new or expanded discharges

of nondomestic wastewater. 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 num erous inquiries from POTWs regarding the types of requirements that would be imposed as a result o f accepting these wastewaters

. A s such, this correspondence is being provided to the permittee to pr esent 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 pursue accept ing these wastewaters.

The USEPA and WVDEP discourage POTWs from accepting wastewater from oil and gas operations su ch as coal bed methane gas and M arcellus S hale 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, dissolve d solid s , 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

. Therefore, prior to the agency permitting these types of wastewaters, the

agency must evaluate and establish local limits for the POTW to prevent inhibition, pass

through, and interference with all POTW operations. The following bullets list the agency’s expectations and requirements that would be imposed, at a minimum, if the permitt ee decides to pursue accepting oil and gas related wastewaters.Accepting Oil and Gas Wastewater December 15, 2010 Page 2 of 4

**•** 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: t otal d issolved s ol ids (TDS), sulfate, chloride, arsenic, cobalt, nickel, silver, zinc, cadmium, lead, chromium, hexavalent chromium, copper, cyanide, mercury, selenium, antimony, beryllium, barium, molybdenum, ammonia nitrogen, fluoride, nitrite nitrogen, nitrate nitrogen, oil and grease & total petroleum hydrocarbons (TPH) , total suspended solids, iron, aluminum, chloroform, benzen e, toluene, phthalate esters, bromoform, dichlorobromome th ane, strontium , stronti um

- 90, boron, lithium, gross alpha radiation, gross beta rad iation, nitrated hydrocarbons (4

- nitroquinoline

- 1

- oxide)

, and radium 226 + radium 228

.

**•** The agency will require testing and analysis for the pollutants listed above to be submitted with the permit modification request in order to characterize the pollutant levels in the oil and gas wastewater proposed to be introduced to the POTW.

**•** The agency will require the permittee to conduct a head

- works analysis in order to

establish a Maximum Allowable Headw orks Loading (MAHL) for the pollutants listed

above

. This information must be submitted with the permit modification request.

**•** Wastewater will not be permitted to be introduced or connected into a combined sewer at a point where there are combined sewer o verflows ( 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 will

not be permitted to be introduced or connected into t he sewer at a point where there are SSOs between the introduction/connection point and the head

- works. The permittee must submit information relative to the location of connection point, CSOs, and/or SSOs with the permit modification request.

**•** No pollutan ts 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

federa l regulations are prohibited from being introduced into POTWs. Due to the nature of the organic pollutants present in this nondomestic wastewater, the agency will require

the permittee to conduct thorough testing on this nondomestic wastewater to determin e if it is permissible. Additionally, this will also be imposed as a limit in any permit issued by the agency 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 agency will evaluate the necessity

of limitations to be protective of POTW workers and impose limitations accordingly.Accepting Oil and Gas Wastewater December 15, 2010 Page 3 of 4

**•** The acceptance of this wastewater during wet weather events shall be prohibited by the agency for CSO and/or SSO communities in order to pre vent increased wet weather discharges from CSOs and/or SSOs

.

**•** The agency will impose m onitoring at the discharge from the permittee’s outfall for the pollutants listed above

. The agency will also impose effluent limitations at the discharge from the permittee’s outfall for chronic toxicity, chloride, and possibly other pollutants. No mixing zone will be granted for any pollutant without appropriate background receiving strea m data provided by the permittee with the permit modification request. Due to the proximity of the discharge to the City’s drinki ng water intake, no mixing zone can be granted for pollutants with drinking water requirements and water quality criteria.

**•** The agency will impose influent monitoring and limitations at the POTW for some or all of the pollutants noted above.

**•** The agency wi ll also impose monitoring and limitations on the nondomestic wastewater prior to introduction to the POTW and collection system for some or all of the pollutants

noted above.

**•** 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 C F R 261.24). If the wastewater is a hazardous waste, the POTW must eval uate whether it qualifies as a permit by rule facility under 40 CFR 270.60(c) and meet notification, manifest and reporting requirements including any more stringent state hazardous waste and corrective action requirements. If the POTW accepts hazardous

w aste 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 Yogesh Patel o f the

WVDEP at 304

- 926

- 0499 extension 1 014

. USEPA and WVDEP recommend that POTWs not accept hazardous waste at the treatment plant

.

**•** Technologically Enhanced

, Naturally Occurring Radioactive Materials ( TENORM ) are regulated by the N uclear Regulatory Commission (NRC) and/or the West Virginia Department of Heal th and Human Resources (WVDHHR) per 60 CSR 23 of the West Virginia Legislative Rules. This regulation requires facilities accept ing 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 indirect discharger limits and/or effluent limits to be protective of POTW workers and water quality standards. The permittee must coo rdinate with the NRC and/or WVDHHR to obtain any necessary approvals and pr ovide its findings to the WVDEP along with any permit modification application request to ac cept these types of wastewaters. If any approvals are necessary from the NRC and/or WVDH HR, the approvals must be obtained prior to the agency processing a permit modification request.Accepting Oil and Gas Wastewater December 15, 2010 Page 4 of 4

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

wastewaters ; the agency and the permittee must consider the pollutants of c oncern, pass through and interference, the impacts on CSO or SSO discharges

, and the impacts on the permittee’s Long

- Term Control Plan and meeting water quality when evaluating the introduction of new or expanded discharges of any nondomestic wastewaters.

If you have any comments or questions, feel free to contact John Lockhart of our office at
304

- 926

- 0499 extension 10 28

.

Sincerely,

Scott G. Mandirola

Director

SGM: jl

cc: Environmental Enforcement Inspector Environmental Enforcement Inspector Super visor US EPA Region 3