§ 95.10. Treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS).
(a) The following are not considered new and expanding mass loadings of TDS and are exempt from the treatment requirements in this section:
(1) Maximum daily discharge loads of TDS or specific conductivity levels that were authorized by the Department prior to August 21, 2010. These discharge loads will be considered existing mass loadings by the Department.
(i) Relocation or combination of existing discharge points of existing mass loadings of TDS do not constitute a new or expanding mass loading unless total mass loadings are increased.
(ii) Existing publicly owned treatment works (POTW) as defined in § 92.1 (relating to definitions) and industrial waste treatment facilities authorized prior to August 21, 2010, under permits authorizing the acceptance, treatment and discharge of TDS do not constitute a new or expanding mass loading unless total mass loadings accepted, treated and discharged are to be increased. Only the net increase in TDS mass loadings from these facilities will be considered a new and expanding mass loading of TDS.
(2) Facilities treating postmining pollutional discharges from abandoned mine sites. For purposes of this section, abandoned mine sites include all lands and water eligible for reclamation or drainage abatement or treatment expenditures under section 402(g)(4) or section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. § § 1232(g)(4) and 1234).
(3) Surface mining activities with preexisting discharges subject to Chapter 87, Subchapter F or Chapter 88, Subchapter G (relating to surface coal mines: minimum requirements for remining areas with pollutional discharges; and anthracite surface mining activities and anthracite bank removal and reclamation activities: minimum requirements for remining areas with pollutional discharges) and preexisting discharges subject to Chapter 90, Subchapter F (relating to coal refuse disposal activities on areas with preexisting pollutional discharges).
(4) Discharges from active surface coal mining operations with an open pit dimension of less than 450,000 square feet exposed at any time.
(5) Discharges from erosion and sediment control facilities used at surface mining activities as defined in § 86.1 (relating to definitions).
(6) Existing mine drainage directed to a mine pool where the mine pool is being treated in accordance with applicable requirements in Chapters 91—96.
(7) New and expanding discharge loadings of TDS equal to or less than 5,000 pounds per day, measured as an average daily discharge over the course of a calendar year, otherwise known as the annual average daily load.
(8) Discharges of wastewater produced from industrial subcategories with applicable effluent limit guidelines for TDS, chlorides or sulfates established as best available technology economically achievable (BAT), best conventional pollutant control technology (BCT) or new source standards of performance, by the administrator of the EPA under sections 303(b) and 306 of the Federal Act (33 U.S.C.A. § § 1314(b) and 1316).
(b) Operations with wastewater resulting from fracturing, production, field exploration, drilling or completion of natural gas wells shall comply with the following requirements:
(1) Except as provided in paragraph (3), there may be no discharge of wastewater into waters of this Commonwealth from any source associated with fracturing, production, field exploration, drilling or well completion of natural gas wells.
(2) A wastewater source reduction strategy shall be developed by the well operator by August 22, 2011, and submitted to the Department upon request. The source reduction strategy must identify the methods and procedures the operator shall use to maximize the recycling and reuse of flow back or production fluid either to fracture other natural gas wells, or for other beneficial uses approved under Chapter 287 (relating to residual waste management—general provisions). The strategy shall be updated annually and include, at a minimum, the following information:
(i) A complete characterization of the operator’s wastewater stream including chemical analyses, TDS concentrations and monthly generation rate of flowback and production fluid at each natural gas well.
(ii) A description and evaluation of potential wastewater source reduction options through recycling, reuse or other beneficial uses.
(iii) The rationale for selecting the source reduction methods to be employed by the operator.
(iv) Quantification of the flowback and production fluid generated by each well which is recycled or reused either to fracture other natural gas wells or for other approved beneficial uses.
(3) New and expanding treated discharges of wastewater resulting from fracturing, production, field exploration, drilling or well completion of natural gas wells may be authorized by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) provided that the following requirements are met:
(i) Discharges may be authorized only from centralized waste treatment facilities (CWT), as defined in 40 CFR 437.2(c) (relating to general definitions).
(ii) Discharges may not be authorized from a POTW, as defined in § 92.1, unless treatment at a CWT meeting all of the requirements of this chapter precedes treatment by the POTW.
(iii) The discharge may not contain more than 500 mg/L of TDS as a monthly average.
(iv) The discharge may not contain more than 250 mg/L of total chlorides as a monthly average.
(v) The discharge may not contain more than 10 mg/L of total barium as a monthly average.
(vi) The discharge may not contain more than 10 mg/L of total strontium as a monthly average.
(vii) The discharge complies with the performance standards in 40 CFR 437.45(b) (relating to new source performance standards (NSPS)).
(4) Deep well injection of wastewater resulting from fracturing, production, field exploration, drilling or well completion of natural gas wells shall comply with § 78.18 (relating to disposal and enhanced recovery well permits).
(c) New and expanding mass loadings of TDS not addressed in subsections (a) and (b) may not contain more than 2,000 mg/L of TDS as a monthly average, unless a variance is approved by the Department under this section. For purposes of this subsection, any net increase in existing TDS loadings authorized after August 21, 2010, will be considered a new and expanding mass loading of TDS.
(d) A request for a variance to subsection (c) shall be submitted to the Department and be accompanied by the following information:
(1) An analysis of the applicant’s existing discharge loads of TDS, and the projected new discharge loads associated with the proposed new and expanding mass loadings of TDS.
(2) An analysis of the applicant’s existing treatment facilities and the ability of those facilities to meet the requirement in subsection (c).
(3) An analysis of upgrades necessary to bring the applicant’s existing facility into compliance with subsection (c) and the estimated costs associated with the upgrades.
(4) An analysis of the receiving stream’s water quality for TDS at, or upstream from, the proposed point of discharge.
(e) A request for a variance to subsection (c) will be subject to the public notice requirements for permit applications in § 92.61 (relating to public notice of permit application and public hearing).
(f) A variance to subsection (c) may be approved by the Department only under the following conditions:
(1) A watershed analysis conducted by the Department determines that a variance will not result in a reduction of available assimilative capacity for TDS to less than 25% of the total available assimilative capacity at the next downstream point of water quality standards compliance. Available assimilative capacity will be calculated using design flow conditions under § 96.4(g) (relating to TMDLs and WQBELs).
(2) The resulting instream concentration of TDS at the point of discharge from the new or expanding loading will not violate water quality standards in Chapter 93 (relating to water quality standards).
(g) Coal-fired electric steam generating units subject to effluent limitations in 40 CFR Part 423 (relating to steam electric power generating point source category), including TDS effluent limitations created by the EPA rulemaking on effluent limitations scheduled for completion by March 2014 (Docket No. EPA-HQ-OW-2009-0819), must comply with subsection (c) by December 31, 2018, unless exempted by subsection (a).
Authority The provisions of this § 95.10 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20), unless otherwise noted.
Source The provisions of this § 95.10 adopted August 20, 2010, effective August 21, 2010, 40 Pa.B. 4835.
Cross References This section cited in 25 Pa. Code § 78a.69 (relating to water management plans).
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