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due to the potential for unknown market factors. Producers indicated that they would prefer to have the ability to bring mobile treatment systems to the well sites when needed, which would be less costly than trucking or piping wastewater to centralized treatment facilities. Industry representatives also indicated that discharging treated produced water could be a potential revenue source, as downstream users may pay for the water. However, this would depend on water rights and ownership of the water. Industry indicated that ownership of the treated produced water is something that lacks clear definition in some states. Industry also noted that there is the potential to recover valuable co-products from treating produced water. As with water rights, ownership of the minerals that might be extracted from produced waters is something that industry noted lacks clarification in some states. There is the potential that royalties may need to be paid to the landowners for any co-products extracted from treated produced water, but this is an issue that would be settled under state law. Industry representatives are concerned that the ability to economically manage produced water may affect the economics of extracting oil and gas resources in some areas. If the costs and regulatory burden for managing produced water are too high, certain areas may not be developed. In addition, areas that are currently producing resources may need to be prematurely shut-in if produced water management costs significantly increase. Expanding the option for surface discharge could help the economics of such projects. Like states, industry representatives identified the time required to obtain NPDES permits as a potential impediment to broader surface water discharge. The timeline for deciding whether or not to proceed with a given oil and gas extraction project, they pointed out, is typically much shorter than the time it historically takes to develop, propose and finalize an NPDES permit. Industry indicated that some states have experience writing NPDES permits for oil and gas extraction facilities under 40 CFR 435 Subpart E, while other states have not written permits for oil and gas extraction wastewater discharges. Also, some states do not have delegation of all or part of the NPDES program. Industry indicated that they would like to have the option to treat and discharge produced water at or near the well site as the need arises and obtain authorization to discharge on a prompt timeline. Given that NPDES permits may contain both technology-based and water quality-based effluent limitations, there was concern over the ability to meet water quality standards in certain areas where surface waters are of high quality. In addition, there was concern that permits would not be obtained in a timely manner given that the need to discharge may be periodic and of short duration. Industry indicated that a general permit would be a potential solution as this was viewed as being more flexible and perhaps could be obtained Study of Oil and Gas Extraction Wastewater Management 25 Section 4−The EPA’s Outreach to Stakeholders Industry representatives noted that treatment for discharge has benefits for addressing water scarcity. Much oil and gas E&P activity occurs in arid or semi-arid areas of the country. In these areas, surface water supplies can be sparse and treated produced water could help augment these supplies. This water would also be available for subsequent downstream uses, including by the oil and gas industry. Using receiving streams as conveyance for treated produced water could reduce trucking or piping costs.PDF Image | Study of Oil and Gas Extraction Wastewater
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