By Fax
April 7, 2011
Honorable Andrew M. Cuomo
Governor of New York State
New York State Capitol
Albany, NY 12224
Greetings:
I write to ask you to direct the New York State Department of Environmental Conservation (DEC) to request the assistance of the U. S. Environmental Protection Agency (EPA) to investigate potential environmental and public health impacts associated with approximately 20 million gallons of natural gas drilling wastewater reportedly accepted by the Auburn, Canandaigua and Cayuga Heights Publicly Owned Treatment Works (POTWs). As you know, DEC and EPA share responsibility for safeguarding New York's environment and public health.
This matter warrants your immediate attention because those facilities are neither designed, constructed nor maintained to be able to remove the Total Dissolved Solids, toxic chemicals and radionuclides documented to be present in gas drilling wastewater. Given that inadequate treatment capacity, I request you to bar further disposal of all types of gas drilling wastewater at those and other conventional wastewater treatment facilities in New York pending adoption of "categorical standards" for gas drilling wastewater and implementation of the following recommendations formulated by EPA:
"EPA recommends against approving disposal of flowback water through conventional wastewater treatment until a review of chemical makeup of flowback and New York State ambient water quality standards demonstrates the establishment of water quality criteria necessary to developing protective numeric SPDES [State Pollutant Discharge Elimination System, not in the original] permit limits for all pollutants of concern not substantially removed by conventional treatment." and
"The discussion regarding public and private treatment facilities... should note that such facilities may need to install tertiary treatment (e.g. reverse osmosis or evaporation/crystallization) that generates a separate waste stream which must be disposed."
"For approved pretreatment programs, EPA Region 2 is the Approval Authority under the definition at 40 CFR, § 403.3(c). As such, EPA Region 2 must provide approval of local discharge limits, including any such limits for additional pollutants which may need regulation due to acceptance of flowback water and production brine (including barium, benzene, cadmium, chloride, silver, tetrachloroethylene, and total dissolved solids)."
(Source: EPA Region 3 Redline suggestions for Technical Comments Section, See Attachment C at: http://www.toxicstargeting.com/sites/default/files/pdfs/docs_110303.pdf)
Auburn
The City of Auburn Water Pollution Control Facility reportedly received more than 16 million gallons of "gas well drilling process wastewater" from 7/1/09 to 6/30/10. Over the course of multiple years, the facility reportedly accepted gas drilling wastewater from a number of firms, including Fortuna Energy, Inc., Range Resources, Inc., Lenape Resources, Inc., Epsilon Energy USA, Inc., Southwest Energy Company, Strategic Environmental, LLC, Norse Energy Corp. USA and Chesapeake Appalachia LLC.
The attached documents reveal gas drilling wastewater accepted by the facility was not characterized on a comprehensive basis. Dozens of pollutant parameters were "Not Sampled," including Total Dissolved Solids subject to pretreatment restrictions. See: http://toxicstargeting.com/sites/default/files/pdfs/AubDEC_Jan09letter-N...
The facility discharges into Owasco Outlet. According to one document, "Estimated Chloride concentration in Owasco Outlet downstream of Auburn WPCP outfall" was "386 mg/l." It should be determined if the Auburn plant's discharges altered the ecology of the receiving body of water with regard to "salt-loving diatoms" and other impacts reported in Pennsylvania tributaries receiving wastewater discharges with elevated Total Dissolved Solids, notably chlorides. See Cause and Effect Survey, South Fork Tenmile Creek, Marcellus Shale Natural Gas Drilling Waste Water Treatment, Waynesburg, Pennsylvania, Greene County, Stream Code 40293 (South Fork Tenmile Creek) SWP 19 B at: http://www.toxicstargeting.com/sites/default/files/pdfs/docs_110303.pdf
On 3/31/11, the City of Auburn reportedly cited six natural gas firms for "Significant Non-Compliance With City of Auburn Sewer Use Law." I request DEC and EPA to provide regulatory oversight regarding this concern. See below a section of the public notice in the Auburn Citizen on that day.
Canandaigua
Without knowing it, the Canandaigua Wastewater Treatment Facility reportedly received 177,000 gallons of gas drilling wastewater generated in Pennsylvania by EOG Resources, Inc.. See:http://toxicstargeting.com/sites/default/files/pdfs/EOG-26R-part-1-1-2-3...
The facility reportedly stopped accepting all gas drilling wastewater in September 2009. Prior to that time, it had reportedly accepted gas drilling wastewater for up to nine years.
Cayuga Heights
The Cayuga Heights Wastewater Treatment Facility reportedly accepted approximately three million gallons of natural gas drilling wastewater without an approved pretreatment program, the requisite "headworks analysis" or strict enforcement of local pretreatment requirements. That practice was reportedly halted circa 4/09 after I brought the matter to DEC's attention.
This facility discharges into Southern Cayuga Lake upgradient of the drinking water intake for the Bolton Point system that supplies approximately 30,000 local residents. That receiving body of water is listed on the national 303(d) registry of impaired waterbodies and required a Total Maximum Daily Load (TMDL) comprehensive clean up plan by 3/31/06 due to its status as "High Priority Waters." To date, no TMDL has been proposed or adopted.
Conclusion
In conclusion, natural gas drilling wastewater has been discharged to POTWs in New York's Finger Lakes Region without approved pretreatment programs or in contravention of pretreatment and other regulatory requirements. This illustrates the fundamental inadequacy of New York's enforcement efforts regarding treatment of gas drilling wastewater.
Given the regulatory failures documented herein as well as extensive scientific and technical horizontal hydrofracturing data that have become available since the SGEIS proceeding began more than two and a half years ago, I reiterate my request for you to direct DEC to require a public comment period of no less than 30 days regarding how the agency should go about revising the Draft Supplemental Generic Environmental Impact Statement with regard to Executive Order No. 41.
That request is consistent with your promise that any decision to permit horizontal hydrofracturing in New York State would be based on "good science."
Please do not hesitate to contact me if you have any questions regarding my request. Thank you for your consideration.
Best regards,
Walter Hang
Violation 40 CFR 403.8(f)(2)(vii)(A): Type "A" violations are defined by the CFR as "Chronic violations" of wastewater discharge limits..." in which sixty-six percent or more of all of the measurements taken during a six-month period equal or exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
Violation 40 CFR 403.8(f)(2)(vii)(B): Type "B" violations are defined by the CFR as "Technical Review Criteria" (TRC) violations, those in which thirty-three percent of more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
Violation 40 CFR 403.8(f)(2)(vii)(F): Type "F" violations are defined by the CFR as "Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;"
3.Industry Name: Anschutz Exploration (emphasis added) Address: 555 Seventeenth Street Suite 2400 Denver, Colorado Type "F" Violations: 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Anschutz Exploration was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled in February 2011 by the City in accordance with EPA-approved pretreatment program protocol. Compliance Anschutz is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Anschutz submitted first quarter sample results in lieu of the fourth quarter 2010 results, and required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.
4.Industry Name: Chesapeak Energy (emphasis added) Address: Chesapeak Appalachia, LLC Eastern Division 6100 N. Western Avenue Oklahoma City, Ok. 73118 Type "F" Violations: 90-Day self-monitoring report was not submitted for the fourth quarter of 2010. Actions Taken: Chesapeak Energy was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Compliance Chesapeak is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Chesapeak submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Chesapeak has elected not to make deliveries until further notice. Penalties: No penalties were assessed.
5. Industry Name: Empire Energy (emphasis added) Address: PO Box 100 Mayville, N.Y. 14757 Type "F" Violations: 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Empire Energy was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled by the City in February 2011 in accordance with EPA-approved pretreatment program protocol. Compliance Empire is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Empire submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.
6. Industry Name: Epsilon Energy USA, Inc. (emphasis added) Address: 3343 PA State Route 3004 Meshoppen, Pa. 18630 Type F Violations: 90-Day self-monitoring report was not submitted for the second quarter of 2010. Epsilon only discharged waste water on June 14 and 15, 2010. Actions Taken: Epsilon was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Compliance Epsilon submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. No additional deliveries were made in 2010 and none are planned for 2011. Penalties: No penalties were assessed.
7. Industry Name: Norse Energy (emphasis added) Address: 3556 Lakeshore Road Suite 700 Buffalo, N.Y. 14219 Type F Violations: Norse delivered waste water to the City treatment plant only in the fourth quarter of 2010.The 90-Day self-monitoring report was not submitted for the fourth quarters of 2010. Actions Taken: Norse was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water sampling is planned in the first quarter 2011 by the City in accordance with EPA-approved pretreatment program protocol. Compliance Norse is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Norse submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010. Penalties: No penalties were assessed.
8. Industry Name: Talisman Energy (emphasis added) Address: 337 Daniel Zenker Drive Horseheads, N.Y. 14845 Type F Violations: Talisman delivered waste water to the City treatment plant in all four quarters of 2010. 90-Day self-monitoring reports were not submitted for the second, third or fourth quarters of 2010. Actions Taken: Talisman was notified of reporting requirements on January 26, 2011 that the City of Auburn would no longer accept water without quarterly reports. Waste water was sampled by the City in in February 2011 in accordance with EPA-approved pretreatment program protocol. Compliance Talisman is scheduled to submit samples in the second quarter 2011 in accordance with their discharge permit requirements. Talisman submitted required certification verifying that no water from horizontal Marcellus Shale formation was discharged to the Auburn Wastewater Facility in 2010.
Penalties: No penalties were assessed. ___________________ Vicky L. Murphy Director of Municipal Utilities Mar 31, 2011