Company
to Upgrade Treatment and Pay Penalties after Discharge Violations at
Western Pa. Oil and Gas Wastewater Treatment Facilities
(PHILADELPHIA – May 22, 2013)
U.S. Environmental Protection Agency today announced a Clean Water Act
settlement with Fluid Recovery Services, LLC (FRS), which operates three
wastewater treatment plants in western Pennsylvania. The settlement
resolves discharge permit violations associated with the treatment of
wastewater generated from oil and gas extraction activities.
Under
the settlement, FRS must seek renewal of their Clean Water Act
discharge permits from Pennsylvania Department of Environmental
Protection (PADEP) and request that PADEP include the more stringent
discharge limits in Pennsylvania’s wastewater treatment standards. This
includes a new standard of 500 milligrams per liter for total dissolved
solids in their renewed permits.
In
addition, the company will pay an $83,000 penalty for violations that
occurred at facilities located in Franklin, Creekside, and Josephine,
Pa.
FRS
will invest as much as $30 million to upgrade the facilities to comply
with the new more stringent discharge limits. Meeting the more
stringent discharge limits will enable the facilities to be eligible to
treat wastewater from unconventional oil and gas extraction activities,
such as hydrofracking.
The
agreement prohibits FRS from discharging wastewater from hydrofracking
or other unconventional oil and gas extraction activities until after
the facilities have achieved full compliance with the more stringent
discharge permit limits.
The
facilities, which discharge to the Allegheny River watershed, have not
been discharging such wastewater since September 2011 following the
issuance of an order to each facility by EPA and a request from PADEP in
April of 2011 that asked oil and gas producers not to send their
wastewater to treatment facilities that could not meet the more
stringent discharge limits.
The
former operators of the facilities, Hart Resources Technology, Inc.
(Hart) and Pennsylvania Brine Treatment, Inc. (PBT), recently merged to
form FRS. As part of the proposed penalty settlements, Hart and PBT
neither admitted nor denied responsibility for the violations.
The public has 40 days to comment on the proposed penalty settlements, which can be found at:
http://www.epa.gov/reg3wapd/public_notices.htm#hartpabrine