EPA Evaluates Allowing Greater Flexibility for Oil and Gas Companies in Wastewater Disposal

The Trump admin aims to boost 'regulatory flexibility' for oil firms managing toxic wastewater, spurring safety concerns.
An aerial view of a fracking pond in Clearfield County, Pa. Credit: Ted Auch/FracTracker Alliance

The Trump administration is set to enhance “regulatory flexibility” for oil and gas companies in managing toxic wastewater disposal. This wastewater, known as produced water, surfaces during drilling and contains hazardous compounds like arsenic and benzene, a carcinogen. Fracking increases the volume of toxic wastewater, posing management challenges. Earthquakes in the Permian Basin, caused by injecting this water underground, have prompted research into alternative disposal methods.

Currently, the Environmental Protection Agency (EPA) limits produced water discharge more in the Eastern U.S. than in the arid West. The agency plans to revise these regulations to bolster American energy production, potentially expanding areas for treated wastewater discharge into rivers. The EPA is also exploring industrial and agricultural uses for treated wastewater, including cooling for data centers and irrigation, as well as extracting minerals like lithium.

EPA Administrator Lee Zeldin announced a revision of the 1970s wastewater regulations to reflect modern treatment capabilities. States like Texas are already permitting waterway discharges, sometimes post-treatment, and conducting pilot studies on using treated water for irrigation. Despite promises of reduced energy costs, treating produced water remains costlier than underground injection.

“The regulations were subpar before, and now what’s going to happen is the government is allowing the public to be poisoned without any kind of consent or knowledge.”

— Pennsylvania state Sen. Katie Muth

Environmental protection experts expressed concerns over the administration’s rollback of public-health rules related to toxic wastewater. John Quigley from the University of Pennsylvania’s Kleinman Center criticized the move as a relaxation of protections. The EPA’s existing regulations, adopted in 1979, allow produced water discharge for “beneficial use” in the West without requiring treatment, although individual permits may impose numerical standards.

Produced water discharges will still require state regulation in states with “primacy” like Pennsylvania and Texas. These states have the authority to issue discharge permits and determine the treatment standards for produced water.

In Pennsylvania, where produced water is notably radioactive, concerns persist over regulatory challenges and environmental impacts. The state shifted regulations as the hazards became evident, banning practices like using wastewater as a dust suppressant on roads. However, concerns over illegal activities and long-term environmental impacts remain. Research has found elevated radioactive levels in freshwater mussels downstream from wastewater treatment discharge points.

Hightower from the New Mexico Produced Water Consortium believes treatment technologies are advanced enough for broader water reuse. However, he emphasizes that EPA guidelines should create consistency across states. Nichole Saunders from the Environmental Defense Fund in Texas criticized current EPA rules and stressed the need for stronger revisions based on scientific assessments.

Environmental Rights Amendment in Pennsylvania allows for state-level environmental protection beyond federal requirements. State Senator Katie Muth has reintroduced bills to strengthen oil and gas waste regulation, emphasizing Pennsylvania’s responsibility in managing toxic waste since the advent of the fracking boom.

Original Story at insideclimatenews.org