can have avoice inshapingtheproposed changes. ofthecurrent standards,history andthereasons for theproposed changes. alsoindicates It how thepublic , , , water. andpublicdrinking This publication provides abasicdescriptionof TDS, the Changes are treatment being proposed to thetotal standards dissolved to solids(TDS) protect Pennsylvania’s to Pennsylvania’s ProposedChanges Shaping TOTAL DISSOLVED SOLIDS STANDARD SOLIDS DISSOLVED TOTAL A Guideto theProposalandCommentingProcess

Agricultural ResearchAgricultural andCooperative Extension College Sciences ofAgricultural Proposed Regulations? Proposed Should IComment onthe • • • • •

(February 12,2010). public comment periodends comment onthembefore the the proposed regulations and Now isthetimeto learnabout have astake inthisdecision! of thesequestions, thenyou youIf answered “yes” to any community? oflifethe quality inyour Are you concerned about wastewater regulations? be affected by new high-TDS or pharmaceuticals that will such asoilandgas, coal mining, economic ofindustries viability Are you concerned about the rivers, andlakes? or nearPennsylvania’s streams, Do you ,boat,camp on or business? supplies for your homeor andaffordablequality water Are you concerned about high- management. water for policies sound public a stake in We allhave

▲ INTRODUCTION Table 1. Constituents of TDS. Pennsylvania’s waters necessary to protect their designated uses, such Common Less common What Is TDS and Why Does It Matter? as aquatic life and Total dissolved solids (TDS) is a strontium supply. The proposed amendments measure of dissolved matter (salts, carbonate barium will set new effluent standards organic matter, minerals, etc.) for discharges of chlorides. A thallium in water. Inorganic constituents forthcoming publication, expected comprise most of the total arsenic early in 2010, will address the of TDS. TDS can be lead proposed changes to Chapter 93, naturally present in water or the which will set new ambient water result of mining, oil and gas drilling, quality standards for chlorides to or some industrial or municipal sulfate protect aquatic life. treatment of water (Table 1). chloride Provided that both proposed Under the Federal Safe Drinking iron amendments become regulation, Water Act, the U.S. Environmental the stricter of the two standards will Protection Agency (US EPA) manganese apply, although DEP says that the classifies TDS as a secondary magnesium Chapter 95 standard will usually maximum contaminant level aluminum suffice to protect aquatic life. (sMCL). This means that there is a recommended maximum level of 500 milligrams per liter (mg/L), but • how to obtain a copy of the WHY IS THE TDS STANDARD no requirement that public water proposed regulations; CHANGING? systems meet this level. Under the • how to submit comments; Pennsylvania Safe Drinking Water Limited Ability of Some Waterways to Act and associated regulations, • key proposed changes; Effectively Dilute TDS however, secondary standards are • the timetable for regulation Several factors influenced DEP’s enforceable. TDS is not expected development; decision to pursue amendments to to harm human health at the the state’s TDS standard. The agency sMCL, although it may negatively • tips for preparing comments; has determined that some of the affect water’s taste. But elevated • communicating and working state’s waterways, including the West TDS levels may damage water with others. Branch of the Susquehanna , treatment equipment or reduce have limited capacity to assimilate the effectiveness of treatment (i.e., dilute to acceptable levels) for other contaminants. TDS can DEP PROPOSES A TWO-TIERED additional TDS and sulfates. In some be toxic to aquatic life through APPROACH cases this is because of existing increases in or changes in the sources of pollution such as acidic The Pennsylvania Department of composition of the water, or it may mine drainage. Agency staff obtained Environmental Protection (PA DEP) include substances that are toxic to similar results for several other rivers proposes a two-tiered approach to people or aquatic life. and creeks in western Pennsylvania address TDS and related issues: Note that some constituents (Table 2). For example, in the Beaver of TDS, such as arsenic, lead, and • Amendments to Chapter 95 River during low-flow conditions, nitrate, can have health effects of the Pennsylvania Code, TDS is already 90 percent of the if they exceed drinking water which describes standards for 500 mg/L EPA–recommended standards. wastewaters to be discharged drinking water standard. The river to Pennsylvania waters. The can accept only another 75 tons Goals of This Publication proposed revisions will establish per day of TDS. DEP has calculated In this publication we highlight new standards for high-TDS that the entire West Branch of the the major changes proposed in wastewaters. In this publication Susquehanna could assimilate up to Pennsylvania in we address the proposed changes about 500 tons of TDS per day. regulations at this time (November to Chapter 95—effluent standards 2009) and explain how you can to protect public drinking water Marcellus Shale Gas Extraction: A make effective comments. It is supplies. (Effluent is wastewater Significant New Source of TDS Loadings important that you become familiar discharged to surface water.) Since 2008, Pennsylvania has with the proposed regulations experienced dramatic growth before commenting. Included here is • Amendments to Chapter 93 of in drilling for natural gas in the information about: the Pennsylvania Code, which Marcellus shale, which underlies sets water quality standards for about two-thirds of the state. Water

2 is a critical component in the process for removing gas from this underground shale rock formation. Water that has been used in this process may contain many of concern and is typically high in TDS (about 800–300,000 mg/L). (For comparison, ocean water typically has a TDS of about 35,000 mg/L, and typically ranges between about 100 and 500 mg/L TDS.) Many of the areas where Marcellus drilling is prevalent also are affected by acidic mine drainage from coal mines, which itself can elevate dissolved solids in waterways. Furthermore, as the industry expands, the demand for is expected to increase rapidly (see “Extensive New Treatment Capacity Needs Are Expected,” below). effluent limit for TDS in wastewater. highest recorded levels (up to This would negate the potential about 925 mg/L). Thirteen public Leveling the Playing Field advantage of siting treatment plants water system intakes from West Owing to the difficulty of downriver, where is greater, Virginia to Pittsburgh exceeded pinpointing pollution sources in the and would level the playing field for sMCLs established by the US EPA. face of water quality problems and all industries in the state. Violations of water quality standards the many industrial sectors whose for TDS and sulfates persisted wastewaters can include high TDS High TDS in the Monongahela River through November and December (e.g., public In fall 2008, with reduced late 2008. Elevated chloride levels were facilities, pharmaceutical and summer-early fall flows in the also observed in the Monongahela chemical manufacturers, and the oil Monongahela River in western and on at least one major tributary— and gas and coal industries), DEP Pennsylvania, South Fork Tenmile Creek. wanted to level the playing field of TDS (mainly chlorides and Since the occurrence of elevated by establishing an across-the-board sulfates) in the river reached their TDS in the Monongahela in late 2008, monitoring of the river’s water quality has increased in the area, and Table 2: Public water system (PWS) intakes and population served for selected much work has been done to isolate Pennsylvania watersheds with limited capacity to assimilate additional TDS the source(s) of the high TDS in the (August 2009). Monongahela. DEP believes there were multiple contributing factors, Watershed PWS intakes in watershed Population served but mining has long been and will continue to be a major water quality Youghiogheny/Monongahela 26 1,057,405 issue in that watershed. Known Beaver River 7 147,258 sources of high-TDS wastewater Mahoning Creek 2 9,271 include mines (active, inactive, and Moshannon Creek 3 29,871 abandoned), landfills, food processing, road salt, wastewater treatment Connoquenessing Creek 4 49,985 plants, water softeners, oil and gas Slippery Rock Creek 3 18,202 extraction, and others. Redbank Creek 5 12,153 West Branch Susquehanna 33 216,844 Meeting the Interstate Challenge of Water Quality Management Total 83 1,540,989 The Monongahela River incidents Credit: PA DEP. 2009. Chapter 95—Wastewater Treatment Requirements, PowerPoint revealed the interstate challenges presentation by John H. Hines. www.depweb.state.pa.us/pubpartcenter/lib/pubpartcenter/ in managing water quality. The eqb/2009/081809/chapter95proposedrulemakingtoeqb_da.pdf Accessed 9/3/09. “Mon” originates in West Virginia,

3 which currently has stricter water managed in Pennsylvania is under quality standards than Pennsylvania History of the TDS Standard the secondary MCL. New state does. The Susquehanna River, in Pennsylvania discharge requirements for total which drains much of Pennsylvania, dissolved solids are proposed to be originates in New York and flows Pennsylvania’s current TDS effective January 1, 2011. Effluent from Pennsylvania into Maryland standard (500 mg/L) dates back standards apply to wastewater after and the Chesapeake Bay. Interstate to 1967. The U.S. Environmental it has been treated and before it river basin commissions regulate Protection Agency’s (US is disposed of in a waterway. The water supply in central and eastern EPA) secondary Maximum proposed regulations do not specify Pennsylvania, but not in western Contaminant Level for TDS under the type of technology needed to Pennsylvania. Industrial wastewater the Federal Safe Drinking Water meet these standards. By 2011, is sometimes transferred across state Act, which became effective in new wastewater sources (those not lines for disposal. Situations such as existing on April 1, 2009) with high 1979, is set at the same level. these complicate effective systemic TDS (TDS concentration of more management of water quality and than 2,000 mg/L or TDS loading of quantity. more than 100,000 pounds per day) chloride to protect drinking water will be prohibited from discharge Extensive New Treatment Capacity uses of Pennsylvania’s surface waters. to Pennsylvania waters if they do Needs Are Expected not meet these effluent standards. Initial industry estimates forecast the Interim Strategy The Pennsylvania Clean Streams demand for disposal of high-TDS DEP currently has in place an Law allows the development of wastewaters in the state to increase interim “Permitting Strategy a treatment-based management from about 9 million gallons per day for High Total Dissolved Solids approach to address TDS. (MGD) in 2009 to nearly 20 MGD (TDS) Wastewater Discharges” The proposed effluent standards by 2011. Other TDS disposal means to address new sources of high- (daily maximums) to protect the are needed because that amount of TDS wastewater with the greatest quality of public drinking water salt in this additional wastewater potential to harm Pennsylvania supply sources are: cannot be diluted in the state’s waterways. Effective April 15, 2009, • 500 mg/L for TDS waterways. to December 31, 2010, new permits Despite any regulatory may be issued for discharges on • 250 mg/L for sulfate requirements, it is unclear whether streams and rivers where assimilative • 250 mg/L for chloride any TDS treatment facilities will be capacity exists. Under the interim available to treat these wastewaters strategy, permitted discharges will In addition, for wastewaters from at the start of 2011. TerrAqua be allocated using mass loads of the oil and gas industry, DEP Resource Management, LLC, the the water quality constituents in also proposes the following daily treatment company that is farthest question. Where waterways have maximum effluent standards: along in the permitting process, insufficient assimilative capacity, does not expect its plant (proposed new sources will be allowed only if • 10 mg/L for total barium for Williamsport) to be operational permit limits protect downstream • 10 mg/L for total strontium until at least 2013, and that plant water supply intakes. New high-TDS is expected to treat only 400,000 sources will not be permitted unless The regulations would also cover gallons of wastewater per day. The the applicant will install satisfactory existing treatment plants that accept state would need about 50 facilities TDS treatment facilities before high-TDS wastewater. Generators of that size to treat all the high-TDS the start of 2011. Beginning in of new or increased high-TDS wastewater expected by 2011. 2011, all new sources of high-TDS wastewaters will incur new wastewater will be subject to the treatment costs. DEP estimates that WHY ARE NEW EFFLUENT DISCHARGE new regulations. it will cost about $0.25 per gallon to REQUIREMENTS NECESSARY? “construct and profitably operate”1 PROPOSED CHANGES TO a high-TDS treatment facility. The Monongahela River’s water PENNSYLVANIA’S WATER QUALITY Additional costs for existing facilities quality issues, the inadequacy of are expected to be minimal—for current water quality measures, REGULATIONS monitoring and record-keeping. and the expected large increases in Provided they are not located Chapter 95 demand for disposal of high-TDS in areas with water quality There are no existing effluent wastewater led DEP to conclude that problems (e.g., the Monongahela standards in Chapter 95. The there was a need to establish effluent watershed), existing sources of only way that TDS is currently standards for TDS, sulfate, and high-TDS wastewater and existing

4 pretreatment facilities may continue to operate as they have been, until “they propose to expand or increase How To Obtain a Copy of the Proposed Regulations and their existing daily discharge load.”2 Submit Comments From that point, they will have two years to come into compliance with The proposed revised Pennsylvania TDS regulations are available the new requirements. online:

Pretreatment • The Pennsylvania Bulletin (November 7, 2009) at www.pabulletin. Public treatment plants com/secure/data/vol39/39-45/2065.html that accept oil and gas wastewater • Sign up for e-alerts at www.ahs2.dep.state.pa.us/eNOTICEWeb/ will be required to have a US EPA–approved pretreatment • Penn State’s and Water Policy Update: program. DEP has no authority www.nutrientwaterpolicy.aers.psu.edu/ over pretreatment of these • The proposed regulations would amend several sections of wastewaters. Pretreatment Pennsylvania Environmental Regulations. To view the existing occurs at a facility other than a publicly owned treatment works. regulations on the Web, go to: www.pacode.com/secure/data/025/ Pretreatment, possibly in the chapter95/chap95toc.html form of a desalinization process, readies the wastewater to be The public comment period is open from November 7, 2009, adequately treated by a publicly to February 12, 2010. You may send your comments, suggestions, owned treatment works. or objections regarding the proposed regulations by the following methods: Chapter 93 In related rulemaking, DEP has also • Postal mail: Environmental Quality Board, P.O. Box 8477, proposed new instream water quality Harrisburg, PA 17105-8477 (express mail: Environmental Quality standards (resulting in water-quality- Board, Rachel Carson State Office Bldg., 16th Floor, 400 Market St., based effluent limitations) through Harrisburg, PA 17105-2301) revision to regulations in Chapter E-mail: Send comments to [email protected]. You 93 for chlorides. These limitations • will be specific to each wastewater must include the subject heading and your name and address. treatment facility and depend on • Public hearings: the amount of dilution available in the wastewater receiving . —December 14, 2009, 5 p.m., Cranberry Twp. Municipal Bldg., 2525 DEP expects that in most cases the Rochester Rd., Cranberry Twp., PA 16066-6499 Chapter 95 effluent standard of 500 —December 15, 2009, 5 p.m., Department of Environmental mg/L TDS will suffice to protect Protection, Cambria District Office, 286 Industrial Park Rd., instream aquatic life. Ebensburg, PA 15931 The Process —December 16, 2009, 5 p.m., Department of Environmental The state’s Environmental Quality Protection, Northcentral Regional Office, Goddard Conference Rm., Board approved the Chapter 208 West Third St., Suite 101, Williamsport, PA 17701-6448 —December 17, 2009, 5 p.m., Lehigh County Government Center, 17 1 PA DEP. 2009. Chapter 95—Wastewater Treatment Requirements, PowerPoint S. 7th St., Allentown, PA 18101 presentation by John H. Hines. www. depweb.state.pa.us/pubpartcenter/ If you or a representative wish to testify at one of the above hearings, lib/pubpartcenter/eqb/2009/081809/ notify the Environmental Hearing Board at least one week in advance. chapter95proposedrulemakingtoeqb_da.pdf Details on the procedures to present oral or written testimony are in the Accessed 9/3/09. Pennsylvania Bulletin at www.pabulletin.com/secure/data/vol39/39- 2 PA DEP. 2009. Permitting Strategy for High 45/2065.html. DEP will make arrangements for people with disabilities in Total Dissolved Solids (TDS) Wastewater the public hearings. Discharges. April 11, 2009. www.depweb. state.pa.us/watersupply/cwp/view.asp?a= 1260&Q=545730&watersupplyNav= |30160| Accessed 9/3/09.

5 95 changes in August 2009 as a straightforward as possible. Use a to take this opportunity to shape proposed rule to be published separate paragraph for each issue public policy. Consider writing a for public comment. They were discussed. letter to the editor of your local published in the Pennsylvania newspaper, initiating a discussion • Cite references. Where possible, Bulletin (www.pabulletin.com/) on in an existing local organization, or focus comments on areas where November 7, 2009 (www.pabulletin. holding a public issues forum. data can be cited. Be sure to com/secure/data/vol39/39-45/2065. include a full, accurate citation html). The public comment period when available. EXPECTED TIMELINE FOR POLICY will end on February 12, 2010. DEVELOPMENT Chapter 93 revisions will follow • Include your personal experience. the same process. Those proposed Help DEP understand the Chapter 95 changes have not yet gone to the practical implications of the August 2009—Draft rules to board for approval. After each public proposed changes. Comments Environmental Quality Board comment period, DEP will finalize based on field experience are the regulations based on public and relevant and important. September 2009—Review by legislative comments and submit the Attorney General’s Office • Include comments about final rule to the board. It’s possible language. If the language is November 2009—Publication in PA that only one, both, or neither of confusing for you, it is confusing Bulletin; public comment period the two proposed amendments for others. Be sure to comment begins (90 days) to Pennsylvania’s water quality on areas where the language is regulations will become law. December 2009—Public hearings at unclear. four regional locations COMMENTING ON THE PROPOSED In addition to making individual February 12, 2010—Public comment REGULATIONS: TIPS AND ADVICE comments, you might want to work period ends through existing organizations PA DEP is inviting comments on the and groups to prepare and submit Throughout 2010—Additional proposed revisions to the Chapter comments. A number of diverse review and regulatory steps 95 regulations until February 12, industrial, environmental, and civic January 2011—New rules take 2010. DEP will consider all input, organizations may be commenting effect will develop a comment response on the proposed regulations. document, and is expected to release Examples include industrial trade Chapter 93 final regulations in July 2010.Now associations, public water suppliers, Chapter 93 revisions will follow is the time to express your views and local governments, Unlimited, the same process as outlined above. shape state policy on water quality Chesapeake Bay Foundation, Sierra They should be presented to the and the environment. Whether you Club, Citizens for Pennsylvania’s Environmental Quality Board in comment to oppose or to support Future, and the League of Women November 2009. one or more of the many proposed Voters of Pennsylvania. changes, remember to: DEP’s Water Resources FOR MORE INFORMATION • Be specific. Cite the Pennsylvania Advisory Committee has convened Bulletin document section and stakeholder subcommittees “Wastewater Management page number or regulation representing the various major for High TDS Wastewater in reference to which each comment affected industries to study Pennsylvania” (slide presentation) refers. For example, you might technology and economic 4/16/09 by Dana Aunkst, Director, write, “This comment pertains to impacts of the proposed changes. PA DEP Bureau of Water Standards Section 95.5(c).” Check the DEP Web site for the and Facility Regulation. subcommittees’ reports. www.depweb.state.pa.us/ • Focus on requirements. It is The proposed rules will change watersupply/lib/watersupply/high_ more effective to comment on the way total dissolved solids are tds_wastewater/high_tds_permitting. proposed changes and existing managed in Pennsylvania waters. pdf requirements that DEP is They will affect important sectors of recommending than to make the state’s industrial economy and Penn State College of Agricultural broad comments about the water will have important implications for Sciences publications: quality program or resource water quality in the Commonwealth pubs.cas.psu.edu/ extraction. and for our downstream neighbors. Penn State Cooperative Extension. • Be clear and concise. Be sure Tell your coworkers, neighbors, and Natural Gas Impacts. that comments are as clear and community members about the naturalgas.extension.psu.edu/ proposed rules and encourage them

6 Penn State Dickinson School of REFERENCES AUTHORS Law, Agricultural Law Resources and Reference Center, Natural Gas 1. Pennsylvania Department of En- Prepared by Charles Abdalla, Exploration vironmental Protection, (PA DEP). professor of agricultural and law.psu.edu/academics/research_ 2009. Chapter 95—Wastewater environmental economics, and Joy centers/agricultural_law_center/ Treatment Requirements, Power- Drohan, freelance writer/editor. resource_areas/natural_gas_ Point presentation by John H. Hines. exploration www.depweb.state.pa.us/pub- ACKNOWLEDGMENTS partcenter/lib/pubpartcenter/ Water Withdrawals for Development eqb/2009/081809/chapter95pro- The helpful review comments of Marcellus Shale Gas in posedrulemakingtoeqb_da.pdf. of Dana Aunkst, director, Pennsylvania. 2009. C. Abdalla and Accessed 9/3/09. Bureau of Water Standards and J. Drohan. Marcellus Education Facility Regulation, Pennsylvania Fact Sheet 9. Penn State College of 2. PA DEP. 2009. Permitting Department of Environmental Agricultural Sciences. Strategy for High Total Dissolved Protection, and Bryan Swistock, pubs.cas.psu.edu/PubAuthor.asp?var Solids (TDS) Wastewater senior extension associate, School Author=Abdalla&Submit2=Go Discharges. April 11, 2009. of Forest Resources, Penn State www.depweb.state.pa.us/ Cooperative Extension, are Water Resources and Natural Gas watersupply/cwp/view.asp?a=1260& gratefully acknowledged. Production from the Marcellus Q=545730&watersupplyNav Shale. 2009. D. J. Soeder and W. M. =|30160| Kappel. U.S. Geological Survey Fact Accessed 9/3/09. Sheet 2009-3032. pubs.usgs.gov/fs/2009/3032/ 3. PA DEP 2009. Wastewater Accessed 9/15/09. Management for High-TDS Wastewaters in Pennsylvania. PowerPoint presentation by Dana Aunkst, 2009. www.depweb.state.pa.us/ watersupply/lib/watersupply/ high_tds_wastewater/high_tds_ permitting_bw.pdf. Accessed 9/3/09. 4. United States Environmental Protection Agency (US EPA). National Primary Drinking Water Regulations. www.epa.gov/safewater/ contaminants/index.html Accessed 9/15/09.

5. West Virginia Department of Environmental Protection, (WV DEP). 2009. TDS—Total Dissolved Solids. PowerPoint presentation by Patrick Campbell, May 18, 2009.

7 Visit Penn State’s College of Agricultural Sciences on the Web: agsci.psu.edu

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