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Section 3−Background promulgated pretreatment standards for the Oil and Gas Extraction Category (see 81 FR 88126) which prohibits discharge of pollutants from unconventional wells to POTWs. Another option for management of produced waters is transfer off-site for management. Options include transfer to another industry or municipality for use (for example, for cooling water) or transfer to off-site CWT facilities. While transfer off-site for other uses is currently not widespread, the practice of transferring produced waters off- site to a CWT facility does commonly occur in the Marcellus Shale producing areas including Pennsylvania, Ohio and West Virginia. CWT facilities that discharge to surface water are subject to EPA’s CWT ELGs in 40 CFR part 437. 3.3 The EPA’s Clean Water Act Regulations for Produced Water The CWA establishes the basic structure for regulating discharges into surface waters. Under the CWA, it is unlawful to discharge any pollutant from a point source into surface waters except as authorized by a NPDES permit (see CWA sections 301 and 402) or by certain other specified statutory provisions. The NPDES program aims to protect and restore the quality of water bodies (e.g., rivers, lakes and coastal waters) through permit requirements by monitoring and controlling pollutants discharged from point sources. The EPA’s NPDES permit regulations require permittees to report compliance with NPDES permit limits via periodic Discharge Monitoring Reports (DMR) submitted to the permitting authority. A NPDES permit must include any applicable technology-based effluent limitations (TBELS) and, if there is a reasonable potential to cause or contribute to an instream excursion above applicable water quality standards, additional water quality- based effluent limitations (WQBELS). Currently forty-seven states are authorized to issue NPDES permits; however as of December 2018, the EPA issues NPDES permits for onshore oil and gas extraction activities in six states (Idaho, Massachusetts, New Hampshire, New Mexico, Oklahoma and Texas) as well as certain territories and tribal lands. 3.3.1 Technology-Based Effluent Limitations Effluent limitations guidelines and standards (ELGs) are generally the source of technology-based effluent limitations. ELGs are national wastewater discharge standards that are developed by the EPA on an industry-by-industry basis. These are technology-based regulations and are intended to represent the greatest pollutant reductions that are economically achievable for an industry. The standards for direct dischargers are incorporated into NPDES permits issued by states and the EPA regional offices, and standards for indirect dischargers directly apply and may be incorporated into permits or other control mechanisms issued by pretreatment authorities. Where the EPA has not established ELGs for direct dischargers in a particular industry, permitting authorities develop permit-specific technology-based requirements according to their best professional judgement (BPJ). Study of Oil and Gas Extraction Wastewater Management 9 A point source that discharges pollutants to waters of the United States. Direct Discharger A facility that discharges pollutants to a publicly- owned treatment works (municipal sewage treatment plant). Indirect DischargerPDF Image | Study of Oil and Gas Extraction Wastewater
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