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Water Blog

TCEQ Developing New Temperature Screening Procedures for Wastewater Discharge Permitting

Last Thursday, the Texas Commission on Environmental Quality (TCEQ) convened a stakeholder meeting to discuss how it plans to ensure compliance with the temperature criteria in the Texas Surface Water Quality Standards through the wastewater discharge permitting process. The updated “implementation procedures” shared by TCEQ at the meeting, when finalized, could result in TCEQ adding permit conditions to existing wastewater discharge permits.

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  • 31
  • July
  • 2017

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Public Comment Opens on WOTUS Rulemaking

On July 27, the Environmental Protection Agency and the Corps of Engineers jointly proposed to rescind the “waters of the United States” definition in the Code of Federal Regulations and to apply the definition in place both before to the 2015 rulemaking adding the definition and after the Sixth Circuit’s late 2015 stay of the rule. This rulemaking is drawing substantial interest because the definition outlines much of these agencies’ jurisdiction. Public comments are due on August 28, 2017.

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  • 03
  • May
  • 2017

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Oklahoma Report Offers Key Insights on Recycling and Re-Use of Produced Water

The cheapest and most common method for disposal of produced water – the salty water that is co-produced with oil and natural gas – is typically by using disposal wells to inject the water into deep non-potable formations. But that may be changing in Oklahoma, where produced water volumes are rising with the development of the South Central Oklahoma Oil Province (SCOOP), and Sooner Trend Anadarko Basin Canadian and Kingfisher Counties (STACK) plays and where seismicity thought to be induced by deep injection well disposal of produced water has caused public officials to search for disposal alternatives. In December 2015, Governor Mary Fallin tasked a working group called the “Water for 2060 Produced Water Working Group” with assessing produced water recycling or re-use as disposal alternatives. The working group’s April 2017 report includes important insights into the future of water recycling and re-use in Oklahoma and perhaps beyond.

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Federal Court Dismisses RCRA Suit Seeking Limitations on Oklahoma Wastewater Injection Wells

On April 4, 2017, Western District of Oklahoma Judge Stephen Friot dismissed an action brought under the Resource Conservation and Recovery Act (“RCRA”) by the Sierra Club against four deep fluid injection well operators. The plaintiff alleged that the defendants’ use of wastewater injection wells presented an “imminent and substantial endangerment to health or the environment” in violation of RCRA because it supposedly causes “waste-induced earthquakes.” The Sierra Club sought a wide range of injunctive relief, asking the court to order defendants to substantially reduce the volume of wastewater they inject into disposal wells, reinforce vulnerable structures, and establish a seismic activity monitoring center to further analyze (and predict) the potential for seismic effects of underground injection of oilfield wastes. 

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Executive Order Calls for Rescinding or Revising WOTUS Rule

On February 28, President Trump issued an Executive Order (the “Order”) calling on the United States Environmental Protection Agency (“EPA”) and the United States Army Corps of Engineers (“USACE”) to rescind or revise the controversial Waters of the United States (“WOTUS”) rule, which was finalized in June 2015.  Specifically, the Order requires the EPA Administrator and the Assistant Secretary of the USACE to review the WOTUS rule in light of a policy statement set forth in the Order, which states that it is in the national interest to both keep the nation’s water free from pollution, and “promot[e] economic growth, minimiz[e] regulatory uncertainty, and show[] due regard for the roles played by Congress and the States under the Constitution.”

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  • 25
  • January
  • 2017

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Second Circuit Defers to EPA on Water Transfers Rule

On January 18, 2017, the U.S. Court of Appeals for the 2nd Circuit applied the Chevron doctrine of judicial deference to agency interpretations to find that EPA’s Water Transfers Rule exempting the transfer of water from one basin to another from discharge permits is a reasonable interpretation of the law and should be upheld. This decision reversed a March 2014 district court decision which would have required thousands of water transfer projects to obtain NPDES permits—a result that was particularly unpopular with many western states who believed the delays associated with the permitting process would hinder efforts to meet their water needs during droughts.

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