Produced Water Treatment and Beneficial Use Information Center

Beneficial Use Matrix — Surface Water Discharge/Instream Flow Augmentation

CBM produced water can be discharged to streams or other water bodies by pipelines or natural surface drainage features. Surface discharge is a water management option that involves stream flow augmentation with CBM water . The Clean Water Act (CWA) (Federal Water Pollution Control Act amendments of 1972) requires that all point source discharges of pollutants to surface waters be permitted under the National Pollutant Discharge Elimination System (NPDES) program. The EPA’s Office of Wastewater Management manages the NPDES permit program in partnership with EPA Regional Offices, states, and tribes. NPDES permitting requirements for CBM produced water vary from state to state, but in general, largely depend on the quality of the produced water, the quality of the receiving water, and the ultimate use of the water.

EPA is in the process of developing effluent limitations guidelines (ELGs) for CBM produced water.

Colorado

Colorado receiving waters are categorized based on downstream irrigation, wildlife, domestic water, and recreational use. The standards for each receiving water can be found on the Colorado state website, and are listed below:

Surface Water Quality Classifications and Standards

Colorado Department of Public Health and Environment, Water Quality Control Commission has set Regulation No. 31 - the Basic Standards and Methodologies for Surface Water (5 CCR 1002-31). Surface discharge permits are regulated on a case-by-case basis. If discharges are made to particularly sensitive streams, permit limits may be much stricter and include more constituents designated to the streams.

The Water Quality Control Commission recognizes that excessive salinity and suspended solids levels can be detrimental to the water end users. The Commission has established salinity standards for the Colorado River Basin ("Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation of Salinity Control", Commission Regulation No. 39) but has not established or assigned other standards for salinity or suspended solids control practices to be developed through 208 plans, coordination with agricultural agencies, and further studies of existing water quality.

Regulation 31 also includes a comprehensive list of standards for organic chemicals. All surface waters of the state are subject to these basic standards; however, discharge of substances regulated by permits that are within those permit limitations shall not be a basis for enforcement proceedings under these basic standards.

Montana

The State of Montana has developed Circular DEQ-7 [PDF], numeric water quality standards for surface and ground waters. The standards were developed in compliance with Section 75-5-301, MCA of the Montana Water Quality Act and Section 303(c) of the Federal Clean Water Act (CWA). Together, those provisions of state and federal law require the adoption of standards that will protect the designated beneficial uses of state waters, such as the support of aquatic life, public water supplies, recreation, or agriculture.

The Montana Board of Oil and Gas Conservation (MBOGC) regulates surface discharge of produced water under Annotated Rules of Montana (ARM) 36.22.1226 DISPOSAL OF WATER: "produced water containing 15,000 parts per million (ppm) or less total dissolved solids (TDS) may be retained and disposed of in any manner allowed by law that does not degrade surface waters or groundwater or cause harm to soils". Discharges of produced water must be in compliance with all applicable local, state, and federal water quality laws and regulations.

In 2006, the Montana Board of Environmental Review (MBER) adopted new regulations on CBM produced water discharge under Coalbed Methane Rule and Produced Water Discharge (Amendment of ARM Rule 17.30.670 [PDF] and ARM Rule 17.30.1202 [PDF]). Current numeric water quality standards of a general CBM discharge permit, surface water standards in Circular DEQ-7, and the numeric standards for electrical conductivity (EC) and sodium adsorption ratio (SAR) are summarized in a downloadable Excel spreadsheet.

New Mexico

The State of New Mexico is required under the New Mexico Water Quality Act (Subsection C of Section 74-6-4 NMSA 1978) and the federal Clean Water Act, as amended (33 U.S.C. Section 1251 et seq.) to adopt water quality standards that protect the public health or welfare, enhance the quality of water and are consistent with and serve the purposes of the New Mexico Water Quality Act and the federal Clean Water Act. The Water Quality Control Commission in New Mexico issued two documents under Chapter 6 (Water Quality) of Title 20 (Environmental Protection). These include Part 2: Ground and Surface Water Protection that covers discharges and disposals; and Part 4 - Standards for Interstate and Intrastate Surface Waters. These regulations cover water standards for domestic water supply, irrigation, livestock watering, wildlife habitat, and human health. Water quality standards in Part 2 and Part 4 of Chapter 6/Title 20 are summarized in the downloadable Excel spreadsheet.

Utah

The Utah Department of Environmental Quality (UDEQ) safeguards human health and quality of life by protecting and enhancing the environment. Discharging wastewater to surface waters, including storm drains, requires a permit prior to beginning operations. Utah Pollutant Discharge Elimination System (UPDES) Permits are required for all industrial, municipal, and federal facilities, except for those on Indian lands. Water quality standards for waters of the state are published on the web. Water quality standards for most protected waters are summarized in the downloadable Excel spreadsheet. For specific receiving water classification and associated standards, please refer to the state website.

Wyoming

The Wyoming Department of Environmental Quality, Water Quality Division (WDEQ/WQD) regulates discharge of wastes into the waters of the state under the Wyoming Pollutant Discharge Elimination System (WYPDES) Point Source Program. The WDEQ has issued individual WYPDES permits and general WYPDES permits that cover many similar discharges in the same geographic area. Chapter 2 of WQD’s Rules and Regulations [PDF] requires the operator to file a WYPDES permit application and obtain a WYPDES permit. Before a WYPDES permit can be issued, the proposed permit must be published as a 30 day public notice to allow for public comment. Discharges of pollutants, including CBM produced water, to areas such as fields or roads, which are not considered to be waters of the state, are not regulated under the WYPDES program, but are deferred to the Wyoming Oil and Gas Conservation Commission (WOGCC).

The WYPDES permit authorizes discharge to the surface, as long as the effluent quality is in compliance with Wyoming’s produced water criteria (Chapter 7, Rules and Regulations, incorporated into Chapter 2) and Water Quality Standards. A wildlife or agricultural beneficial use must be stated or a WYPDES permit will not be issued because individual permits rely on US EPA’s agricultural and wildlife use subcategory ELGs as the technology basis. The individual permit is site-specific and is determined by CBM water quality and proximity of downstream irrigation use. The recently issued WYPDES permits can be found on the WDEQ website.

The WDEQ is developing a watershed-based permitting approach for discharges from CBM wells. A watershed-based approach will improve the permitting process as well as improve environmental protection and provide for more informed decisions by the Department.

Three general permits or watershed plans were completed and issued on September 11, 2006: Pumpkin Creek (General Permit), Fourmile Creek (Watershed Plan), Willow Creek (General Permit). As of February 2009, there are six other watersheds with watershed-based permitting in progress.

The water quality standards for general permits and watershed-based permits are often more stringent, and acute and chronic whole effluent toxicity (WET) testing is now being required for CBM produced water from the Big George coal seam.

In general, the development of the watershed-based permitting approach has moved at a pace slower than the WDEQ anticipated. As the current discharge permitting approach is believed to be protective of the state’s surface water quality standards, the WDEQ has determined that it would be appropriate and reasonable to continue issuing WYPDES permits under existing permitting rules and policies while a watershed-based permit or plan is being developed. The WDEQ will determine on a case-by-case basis the need for operators to submit a watershed management plan for WQD approval prior to issuance of any new CBM produced water WYPDES permits in any Hydrologic Unit Code (HUC) 10 level drainages that currently do not have CBM WYPDES permits.

The water quality criteria compiled in the Excel Spreadsheet have been excerpted from the WQD’s Rules and Regulations Chapter 1 [PDF]; and Chapter 2 [PDF] Appendix H: Additional Requirements Applicable to Produced Water Discharges from Oil and Gas Production Facilities.