(c) 2009, Sterling Environmental Engineering, P.C.1 New York State Regulatory/Permitting Process and Practical Considerations for Publicly Owned Treatment

(c) 2009, Sterling Environmental (c) 2009, Sterling Environmental Engineering, P.C.Engineering, P.C. 11

New York State Regulatory/Permitting New York State Regulatory/Permitting Process and Practical Considerations forProcess and Practical Considerations for

Publicly Owned Treatment Works (POTWs) Publicly Owned Treatment Works (POTWs) to Treat Flowback Waterto Treat Flowback Water

Presented by:Presented by:Elizabeth M. DavisElizabeth M. Davis

Rodney L. Aldrich, P.E.Rodney L. Aldrich, P.E.

Sterling Environmental Engineering, P.CSterling Environmental Engineering, P.C..

Cornell University Cooperative ExtensionCornell University Cooperative ExtensionNew York Marcellus Shale Natural Gas Summit: Challenges and OpportunitiesNew York Marcellus Shale Natural Gas Summit: Challenges and Opportunities

November 30, 2009November 30, 2009


Flowback Water/ Produced WaterFlowback Water/ Produced Water

Fluid that returns to surface through Fluid that returns to surface through the well bore after hydraulic the well bore after hydraulic fracturing procedure is completed fracturing procedure is completed and pressure is released.and pressure is released.

Some water continues to flow out of Some water continues to flow out of producing gas wells and is referred producing gas wells and is referred to as produced water.to as produced water.


Data from Pennsylvania wells drilled Data from Pennsylvania wells drilled in the Marcellus shale indicate in the Marcellus shale indicate flowback recoveries range from 9-flowback recoveries range from 9-35% of the total fracturing fluid 35% of the total fracturing fluid injected into each well.injected into each well.

The Draft SGEIS estimates 2.4-7.8 The Draft SGEIS estimates 2.4-7.8 million gallons of hydrofracturing million gallons of hydrofracturing fluid may be used for one well with fluid may be used for one well with multi-staged hydrofracturing, with a multi-staged hydrofracturing, with a potential flowback fluid return of potential flowback fluid return of 216,000 to 2.7 million gallons per 216,000 to 2.7 million gallons per well.well.


Typical Chemical Makeup of Flowback Water from Typical Chemical Makeup of Flowback Water from Marcellus Shale Gas Wells (based on data from wells Marcellus Shale Gas Wells (based on data from wells drilled in PA and WV)drilled in PA and WV)

From Section 5.11.3 of the Draft SDEIS:From Section 5.11.3 of the Draft SDEIS:

Metals (calcium, barium, strontium)Metals (calcium, barium, strontium) Dissolved Solids (chlorides, sulfates, calcium)Dissolved Solids (chlorides, sulfates, calcium) Suspended SolidsSuspended Solids Mineral scales (calcium carbonate and barium sulfate)Mineral scales (calcium carbonate and barium sulfate) Bacteria-acid producing and sulfate reducingBacteria-acid producing and sulfate reducing Friction ReducersFriction Reducers Iron solids (iron oxide and iron sulfide)Iron solids (iron oxide and iron sulfide) Dispersed clay fines, colloids and siltsDispersed clay fines, colloids and silts Acid gases (carbon dioxide, hydrogen sulfide)Acid gases (carbon dioxide, hydrogen sulfide) Naturally Occurring Radioactive Materials (NORM)-RadiumNaturally Occurring Radioactive Materials (NORM)-Radium


Flowback Water Composition can change during the hydrofracturing process. Limited data from Marcellus Shale flowback water sampled at different times indicate increasing concentration trends for:

Total Dissolved Solids (TDS)Radioactivity levelIron (unless iron-controlling additives are used)Metals

The following concentrations tend to decrease for:SulfateAlkalinity


Deep Disposal Wells

• Site specific review and permitting process required.

• Injection zone strata must be evaluated for ability to accept and retain injected fluid.

• Injection fluid/strata water quality must be fully characterized.

• Regulated by NYSDEC Division of Mineral Resources and USEPA (Underground Injection Control Permit)

On-site treatment systems can reduce sodium chloride and TDS levels. These will be operated by gas development company.


Draft Regulatory / Permitting Process for Draft Regulatory / Permitting Process for POTWs to Treat Flowback WaterPOTWs to Treat Flowback Water

As required by 6 NYCRR Part 554.1, prior to As required by 6 NYCRR Part 554.1, prior to issuance of a well-drilling permit, the operator issuance of a well-drilling permit, the operator must submit and receive approval from the must submit and receive approval from the NYSDEC for a plan for the ultimate disposal of NYSDEC for a plan for the ultimate disposal of flowback fluid. The applicant may be required to flowback fluid. The applicant may be required to submit an acceptable contingency plan.submit an acceptable contingency plan.


Only POTWs in New York State that have an Only POTWs in New York State that have an approved Pretreatment Program are eligible to approved Pretreatment Program are eligible to treat flowback watertreat flowback water

Pretreatment programs are a component of the National Pretreatment programs are a component of the National Pollutant Discharge Elimination System (NPDES) permit.Pollutant Discharge Elimination System (NPDES) permit.

Pretreatment reduces, eliminates or alters toxic pollutants Pretreatment reduces, eliminates or alters toxic pollutants (metals & organics) in wastewater prior to introducing the (metals & organics) in wastewater prior to introducing the pollutants into a POTW.pollutants into a POTW.

NYSDEC Division of Water shares pretreatment oversight NYSDEC Division of Water shares pretreatment oversight with the USEPA with the USEPA


New York State Pollutant Discharge Elimination New York State Pollutant Discharge Elimination System (SPDES)System (SPDES)

Permit issued to POTWs specifies effluent Permit issued to POTWs specifies effluent discharge concentration limits to control point discharge concentration limits to control point source discharges to surface water.source discharges to surface water.

POTWs with industrial pretreatment or mini-POTWs with industrial pretreatment or mini-pretreatment programs must notify the NYSDEC pretreatment programs must notify the NYSDEC of new discharges or substantial changes in of new discharges or substantial changes in volume or character of pollutant discharges to the volume or character of pollutant discharges to the permitted POTW.permitted POTW.

NYSDEC reviews notification package to NYSDEC reviews notification package to determine if SPDES permit requires modification.determine if SPDES permit requires modification.


Naturally Occurring Radioactive Material (NORM) Naturally Occurring Radioactive Material (NORM) contained in flowback fluid or produced water may contained in flowback fluid or produced water may be subject to discharge limitations. be subject to discharge limitations.

Regulations are found in 6 NYCRR Title 6, Chapter 4, Part Regulations are found in 6 NYCRR Title 6, Chapter 4, Part 380380

Licensed radioactive material may be disposed of by Licensed radioactive material may be disposed of by release into public sanitary sewer systems if the conditions release into public sanitary sewer systems if the conditions specified in Section 380-4.2 are met.specified in Section 380-4.2 are met.


Regulatory Process:Regulatory Process:

POTW Notification to NYSDEC Division of Water POTW Notification to NYSDEC Division of Water includesincludes

• POTW letter of intent to treat new discharges and/or POTW letter of intent to treat new discharges and/or substantial change in volumesubstantial change in volume

• Headworks Analysis- NYSDEC TOGS 1.3.8Headworks Analysis- NYSDEC TOGS 1.3.8

• HFC Evaluation Form for Each Hydrofracturing ChemicalHFC Evaluation Form for Each Hydrofracturing Chemical

• Chemical and Whole Effluent Toxicity (WET) Test ReportsChemical and Whole Effluent Toxicity (WET) Test Reports


Headworks Analysis- TOGS 1.3.8Headworks Analysis- TOGS 1.3.8 40 CFR Part 403 Requires Every 5 Years40 CFR Part 403 Requires Every 5 Years Given: Given:

Effluent Limits on ChemicalsEffluent Limits on Chemicals Both Presently in Permit and DesiredBoth Presently in Permit and Desired

Treatment Operations at POTWTreatment Operations at POTW Each Unit Operation has a Removal Each Unit Operation has a Removal

Efficiency for each Particular ChemicalEfficiency for each Particular Chemical Determine Allowable Influent Concentration Determine Allowable Influent Concentration

for each Chemicalfor each Chemical


Regulatory Process:Regulatory Process:

POTW Notification to NYSDEC Division of Water POTW Notification to NYSDEC Division of Water includesincludes

HFC Evaluation Form for Each Hydrofracturing Chemical HFC Evaluation Form for Each Hydrofracturing Chemical

Chemical Manufacturer or Supplier Completes #3 through #10, and Chemical Manufacturer or Supplier Completes #3 through #10, and #18 for Each Chemical on Form#18 for Each Chemical on Form

Flowback Water Chemical Analysis Results and Whole Effluent Toxicity Flowback Water Chemical Analysis Results and Whole Effluent Toxicity (WET) Testing of Most Sensitive Species – Gas Development Company (WET) Testing of Most Sensitive Species – Gas Development Company Reports ResultsReports Results

Flowback Loading Rates – Gas Development Company and POTW Flowback Loading Rates – Gas Development Company and POTW Complete Balance of FormComplete Balance of Form

Submit Chemical and WET Test Results with Headworks AnalysisSubmit Chemical and WET Test Results with Headworks Analysis


NYSDEC Issuance of Modified SPDES Permit will NYSDEC Issuance of Modified SPDES Permit will include Effluent Limitations for:include Effluent Limitations for:

Review of the Application could take 6 months or Review of the Application could take 6 months or more.more.

Total Dissolved Solids Total Dissolved Solids Always will be < or = 500 mg/lAlways will be < or = 500 mg/l

Other Parameters Identified in Flowback Water Other Parameters Identified in Flowback Water AnalysisAnalysis Likely will include Radium due to Naturally Occurring Likely will include Radium due to Naturally Occurring

Radioactive Material (NORM) ConcernsRadioactive Material (NORM) Concerns


Susquehanna Basin Commission Susquehanna Basin Commission Discharge RegulationsDischarge Regulations 18 CFR 801.7 requires the Commission to 18 CFR 801.7 requires the Commission to

promote and encourage State and local promote and encourage State and local governments and industry to plan for governments and industry to plan for regional wastewater treatment and regional wastewater treatment and managementmanagement

Gas development companies have to Gas development companies have to report flow back water volume in gallons report flow back water volume in gallons and transfer/disposal location, and submit and transfer/disposal location, and submit manifest documentsmanifest documents


Delaware River Basin Commission Delaware River Basin Commission Discharge RegulationsDischarge Regulations

Requires Written Notification of Disposal Requires Written Notification of Disposal LocationsLocations

Minimum Discharge Standards:Minimum Discharge Standards: Suspended SolidsSuspended Solids Toxic Substances but no specific limits (see Toxic Substances but no specific limits (see

Stream Limits)Stream Limits) Oil and Grease to 15 mg/lOil and Grease to 15 mg/l Industrial Discharges to USEPA Categorical Industrial Discharges to USEPA Categorical

StandardsStandards Total Dissolved Solids (TDS) to 1,000 mg/lTotal Dissolved Solids (TDS) to 1,000 mg/l


Delaware River Basin Commission Delaware River Basin Commission Discharge RegulationsDischarge Regulations

Stream Standards (affect POTW SPDES Permit Limits):Stream Standards (affect POTW SPDES Permit Limits): Dissolved Oxygen, Temp., pH, Phenols, Odor, Dissolved Oxygen, Temp., pH, Phenols, Odor,

Synthetic Detergents, Fecal Coliform, Toxics, and:Synthetic Detergents, Fecal Coliform, Toxics, and: TDS TDS

133% of Background133% of Background 500 mg/l500 mg/l

RadioactivityRadioactivity Alpha emitters max 3 picocuries per liter (pc/l)Alpha emitters max 3 picocuries per liter (pc/l) Beta emitters max 1,000 pc/lBeta emitters max 1,000 pc/l


Practical ConsiderationsPractical Considerations

Assuming radioactive contaminants allow, Assuming radioactive contaminants allow, management at a POTWmanagement at a POTW

Modifications to POTWModifications to POTW Primary TreatmentPrimary Treatment Secondary TreatmentSecondary Treatment Tertiary TreatmentTertiary Treatment


Practical Considerations - Modifications to POTWPractical Considerations - Modifications to POTW

Primary TreatmentPrimary Treatment Equalization TankEqualization Tank

Tankers Can Offload at Fast RateTankers Can Offload at Fast Rate

Constant or Near Constant Flow to POTWConstant or Near Constant Flow to POTW

Smoothes Flow Variations DownstreamSmoothes Flow Variations Downstream

Buffers Variability in Chemical ConstituentsBuffers Variability in Chemical Constituents

Could take 6 months to a year to undergo contract Could take 6 months to a year to undergo contract procedures and constructprocedures and construct



Secondary TreatmentSecondary Treatment Bio ReactorsBio Reactors

Pretreat Benzene, Toluene, Xylene (BTX) and Other Pretreat Benzene, Toluene, Xylene (BTX) and Other Petroleum ChemicalsPetroleum Chemicals

Potentially Vulnerable to UpsetPotentially Vulnerable to Upset Flowback Water May Require Improved Monitoring and Flowback Water May Require Improved Monitoring and

Control of Bio ReactorsControl of Bio Reactors

Sludge – Excessive radium or other NORM could Sludge – Excessive radium or other NORM could interfere with disposal, especially by land application interfere with disposal, especially by land application or incinerationor incineration



Tertiary TreatmentTertiary Treatment Reverse Osmosis (Membranes)Reverse Osmosis (Membranes) DistillationDistillation Brine Brine

LandfilledLandfilled IncineratedIncinerated

Most POTWs do not have and will not want to Most POTWs do not have and will not want to addadd

Acceptance Rate must ensure TDS Limit is metAcceptance Rate must ensure TDS Limit is met


Potential Funding Sources to Modify Potential Funding Sources to Modify Treatment SystemsTreatment Systems

New York State-Clean Water Act State Revolving Fund New York State-Clean Water Act State Revolving Fund http://www.nysefc.org/home/index.asp?page=14

USDA Rural Development Fund USDA Rural Development Fund http://www.rurdev.usda.gov/

New York State- Office of Community Renewal New York State- Office of Community Renewal http://www.nysocr.org/ProgramInformation/overview.asp

NYSERDANYSERDAhttp://www.nyserda.org/

Appalachian Regional Commission Appalachian Regional Commission http://www.arc.gov/index.do?nodeId=101

http://www.nysefc.org/home/index.asp?page=14

http://www.rurdev.usda.gov/

http://www.nysocr.org/ProgramInformation/overview.asp

http://www.nyserda.org/

http://www.arc.gov/index.do?nodeId=101


Nominal Cost Estimates to Treat Flowback WaterNominal Cost Estimates to Treat Flowback Water

Off-site treatment is estimated to cost between Off-site treatment is estimated to cost between $0.03 and $0.05 per gallon$0.03 and $0.05 per gallon

An estimated 50-60% total savings can be realized An estimated 50-60% total savings can be realized by treating and reusing flowback and produced by treating and reusing flowback and produced water on-site water on-site

(Reference: Venture Engineering Blog, September (Reference: Venture Engineering Blog, September 2008)2008)


Elizabeth DavisElizabeth [email protected]

Rodney L. Aldrich, P.E.Rodney L. Aldrich, [email protected]

24 Wade Road24 Wade RoadLatham, New York 12110Latham, New York 12110(518) 456-4900(518) 456-4900www.sterlingenvironmental.com

mailto:[email protected]

mailto:[email protected]

http://www.sterlingenvironmental.com/


ReferencesReferences

Mr. Brian Baker, P.E., Environmental Engineer III, Western Section, Bureau of Water Permits, New York State Department Mr. Brian Baker, P.E., Environmental Engineer III, Western Section, Bureau of Water Permits, New York State Department of Environmental Conservation (NYSDEC)of Environmental Conservation (NYSDEC)

Mr. Tim Rice, Section Chief, Division of Solid & Hazardous Waste, Bureau of Hazardous Sites and Radiation Mitigation, Mr. Tim Rice, Section Chief, Division of Solid & Hazardous Waste, Bureau of Hazardous Sites and Radiation Mitigation, Radiological Sites Section, NYSDECRadiological Sites Section, NYSDEC

Application Guidelines for Radiation Control Permits for Discharges of Radioactive Material in Effluents to Ground or Application Guidelines for Radiation Control Permits for Discharges of Radioactive Material in Effluents to Ground or Surface Water, May 2002, NYSDEC, Division of Solid and Hazardous Materials, Radiation SectionSurface Water, May 2002, NYSDEC, Division of Solid and Hazardous Materials, Radiation Section

Delaware River Basin Commission Administrative Manual – Part III Water Quality Regulations with Amendments Through Delaware River Basin Commission Administrative Manual – Part III Water Quality Regulations with Amendments Through

July 16, 2008July 16, 2008 Division of Water Technical and Operational Guidance Series, New Discharges to Publicly Owned Treatment Works Division of Water Technical and Operational Guidance Series, New Discharges to Publicly Owned Treatment Works

(Originator: Mr. DiMura) (1.3.8) Memorandum, October 26, 1994(Originator: Mr. DiMura) (1.3.8) Memorandum, October 26, 1994

Draft Supplemental Generic Environmental Impact Statement of the Oil, Gas, and Solution Mining Regulatory Program, Draft Supplemental Generic Environmental Impact Statement of the Oil, Gas, and Solution Mining Regulatory Program, September 2009, NYSDEC Bureau of Oil & Gas Regulation, NYSDEC Division of Mineral ResourcesSeptember 2009, NYSDEC Bureau of Oil & Gas Regulation, NYSDEC Division of Mineral Resources

Marcellus Shale Play-Water Treatment Options Worth Considering- Venture Engineering BlogMarcellus Shale Play-Water Treatment Options Worth Considering- Venture Engineering Blog

Susquehanna River Basin Commission, Regulation of Projects, 18 CFR Parts 801, 806, 807, and 808, Reflecting final Susquehanna River Basin Commission, Regulation of Projects, 18 CFR Parts 801, 806, 807, and 808, Reflecting final rulemaking actions through December 4, 2008, effective January 15, 2009.rulemaking actions through December 4, 2008, effective January 15, 2009.

Susquehanna River Basin Commission, Post-Hydrofracture Stimulation Report And Certification of Fluid Disposal, Susquehanna River Basin Commission, Post-Hydrofracture Stimulation Report And Certification of Fluid Disposal,

57862.157862.1

Documents

(c) 2009, Sterling Environmental Engineering, P.C.1 New York State Regulatory/Permitting Process and Practical Considerations for Publicly Owned Treatment