American Oil and Gas Reporter - March 2016 - 105

EPA's Part 437 new source performance
standards to comply with the state's regulation in §95.10(b)(3). Specifically, the
discharge may not contain, as a monthly
average, more than 500 milligrams per
liter of TDS, 250 mg/l of total chlorides,
10 mg/l of total barium, or 10 mg/l of total strontium.
Section 95.10 also prohibits the discharge of oil and natural gas wastewater
from POTWs unless CWT pretreatment
meeting these requirements has occurred.
On Feb. 3, the Pennsylvania Environmental Quality Board approved revisions to the commonwealth's oil and natural gas regulations, which if ultimately
adopted, will impose significant operational consequences for managing flowback and produced fluids (see related story, page 80).
Some significant changes include:
* Prohibiting the use of pits in unconventional operations;
* Registration requirements for new
underground storage tanks;
* Required secondary containment for
certain mixing, aerating, and filtering
operations; and
* Prohibiting the use of centralized
impoundments.
Texas System
The Texas Railroad Commission requires operators transporting, hauling,
storing, discharging, disposing or recycling
oil and natural gas waste to have, at a minimum, an active organizational report on
file with the RRC. Rule 8 authorizes certain fluid recycling activities on commission-designed leases or drilling units associated with a drilling permit. Wastewater
management activities that occur off
lease or on a lease other than the lease
where the wastewater was generated
must be authorized by a permit.
The RRC regulates and categorizes
CWT facilities depending on whether they
are capable of being moved from one location to another (off-lease), or are stationary. A permit under Division 5 authorizes off-lease fluid recycling for a maximum
of two years. A permit under Division 6
authorizes a stationary facility for up to
five years.
The Railroad Commission also issues permits for discharging produced water to inland waters for agricultural and
wildlife use (an additional EPA permit
may be required for discharges east of the
98th meridian). Applications for the permit must include information on wastewater treatment methods and a "produced water analysis" that demonstrates
attainment of general parameters and
toxic pollutant limitations.
❒

KEVIN J.
GARBER

Kevin J. Garber is a shareholder in the
Environmental Services, and Energy &
Natural Resources groups of Babst
Calland, practicing out of its Pittsburgh
and State College, Pa., offices. He concentrates in the areas of natural resources and
water law, advising mining and oil and gas
companies on federal, state and local environmental regulations. Garber earned
a B.S. with distinction in biology from
Pennsylvania State University, an M.S. in
oceanography and limnology from the
University of Wisconsin, a Ph.D. in ecology from the University of Pittsburgh, and
a law degree from the Duquesne University School of Law, where he was a member of the "Duquesne University Law Review." He is a member of the Allegheny
County (Pa.), Pennsylvania and American
Bar associations, and has served on the
Council of the Pennsylvania Bar Association's Environmental, Mineral and Natural Resources Law Section.

MICHAEL K.
REER

Michael K. Reer is an associate in the
Energy & Natural Resources and Environmental Services groups of Babst
Calland. His practice involves counseling clients on federal and state regulatory issues related to Marcellus, Utica,
and other conventional and unconventional shale gas development. Reer
graduated from Boston College with a
B.A. in history and political science, and
received his J.D. from Boston College
Law School in 2013. In 2014, he completed an LL.M. in energy, environmental and natural resources law at the
University of Houston. Prior to joining
Babst Calland, Reer practiced law at an
oil and gas firm in Austin, Tx., where he
drafted field rule proposals for unconventional oil and gas plays.

Colorado Rules Afford Locals
More Input Into Well Locations
By Dan Larson
Special Correspondent
DENVER-After months of hearings
and stakeholder meetings, days of public
comment and a half-dozen drafts, Colorado's oil and gas regulator in late January approved new rules intended to provide a greater role for local governments
in determining locations for new multiwell
sites.
The revisions were seen by industry and
regulators alike as the latest chapter in a
long-running effort by opposition groups
to recast rules covering oil and gas into a
participatory process that affords a range
of stakeholders influence in development
and production decisions (AOGR, April
2015, pg. 44).
"Oil and gas is an industrial activity taking place where people live and play," said
Mike King, former director of the state's
Department of Natural Resources, during

one public hearing. "It is almost inevitable
that conflicts will arise. We are trying to
come up with better ways to engage communities and local governments early in
the process to minimize those conflicts."
King stepped down as DNR director in
January to take a position with Denver Water.
Industry also recognizes the seeming
inevitability of conflicts between operators
considering prospective development and
local interests, many of which are supported by well-funded, organized opposition
groups, according to Energy in Depth, the
education/outreach arm of the Independent Petroleum Association of America.
As one example, a representative of the
Washington-based Food & Water Watch,
"tried to pressure Adams County (Co.)
commissioners into adopting an 'emergency moratorium' on hydraulic fracturing, citing a series of misleading and debunked talking points," notes an EID reMARCH 2016 105

American Oil and Gas Reporter - March 2016

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