Summary of Public Comments on Initial Draft Permit WY0002062 and WDEQ Response: Summary of Public Comments WDEQ Response Water quality model inadequate, inaccurate: The revised draft permit caps the load for Total Multiple concerns were cited regarding the applicant’s Dissolved Solids (TDS) at the existing permitted level of GEMSS mixing model predictions for water quality in 908 tons per month. Because the load and flow from the Boysen Reservoir and the Wind River Canyon, along facility will not be expanded with this revised permit with WDEQ’s review of the model. The model was renewal, WDEQ is not relying on the applicant’s GEMSS used because the applicant was proposing to model. significantly increase flow volumes and loads from this project, and WDEQ required the applicant to demonstrate that no adverse impacts would occur in waters within Boysen Reservoir or the Wind River Canyon. Public concerns included WDEQ’s use of a baseline water quality period in the Wind River (2010- 2016) that occurred during peak discharge years under Aethon’s predecessor Encana Oil and Gas, rather than pre-discharge; along with various other concerns raised about input and algorithm issues which could impact the accuracy of the model and make its results difficult to reproduce independently. Recreational, fish and aquatic life uses in Boysen The revised draft permit includes conditions to protect Reservoir and Wind River Canyon: water quality in Boysen Reservoir and the Wind River Many comments mentioned personal and commercial Canyon. All effluent limits established in this draft use of Boysen Reservoir and Wind River Canyon for permit are set to protect the existing and designated uses fishing, swimming, boating and guiding, as well as the within these water bodies, including primary contact need to protect fish and aquatic life habitat there. recreation, along with fish and aquatic life habitat. The These comments ranged from general tourism on those Moneta Divide facility originated in the mid-1960’s. The water bodies and its economic benefit to nearby revised draft permit renewal does not allow an expansion communities, to specific concerns about impacts to of the discharge. The discharge requirements include new lake bottom habitat for fish in Badwater Bay. Concerns routine sampling within Boysen Reservoir and Wind were presented that these uses might become impaired River; new effluent limits for temperature, sulfides, or adversely affected from an expanded Moneta Divide radium, barium, chloride; new routine screening of the discharge. discharge for frac chemicals and well additives; and new requirements for whole effluent toxicity (WET) testing. Drinking Water Uses at Boysen Reservoir and WDEQ expects no impact to drinking water supplies Thermopolis: with this permit renewal. Salt load output from the Comments identified Town of Thermopolis and Moneta Divide gas field will remain unchanged from the Boysen State Park Marina as current users of these previous permit. In addition, no other pollutants will water bodies for drinking water supplies. Concern was increase as a result of this permit renewal. that expanded discharges might increase treatment costs for drinking water supplies, or otherwise impair the use. Summary of Public Comments WDEQ Response Tribal concerns relating to water quality and Protection of the Class 1 water in the Wind River allocation of pollutant loads in Wind River Canyon: Canyon, at its existing quality, is a requirement of Both the Shoshone and Northern Arapaho tribes asked WDEQ’s Chapter 1 Regulations. The revised draft that the Class 1 water in the Wind River Canyon below permit renewal does not authorize any new or expanded Boysen Dam be maintained at its present high quality discharges. The output load from the facility will be condition. Additionally both tribes, along with Merit capped at existing levels, which pre-date the designation Energy, which operates oil and gas wells on the of the Wind River below Boysen Reservoir as a Class 1 reservation and holds discharge permits there, raised water (designation occurred in 1979. Moneta Divide concerns of potential adverse economic impacts to discharges began in mid-1960’s.). Because EPA-issued other mineral lease holders in the Boysen Basin if all of permits for oil and gas facilities on the reservation do not the assimilative capacity in Boysen Reservoir is given establish salt load limits, WDEQ will continue to to a single company in a single permit (Aethon – coordinate with EPA on projected loads into the Boysen Moneta Divide). Both the tribes and Merit Energy Reservoir system. In addition, capping the TDS load asked WDEQ to reserve an allocation for other entities from this facility at existing levels eliminates the issue of with oil and gas development plans in the Boysen using up all of the available dilution within Boysen Basin. Reservoir and the Wind River. Because the Moneta Divide discharges will not be expanding, all dischargers in the basin can operate as-is, without adverse impact to those receiving water bodies. Irrigation Water Quality: The revised draft permit does not allow for any increase Comments were received from individual irrigators, as in salt load from the Moneta Divide facility. Irrigation well as irrigation districts and conservation districts in water quality is expected to remain unchanged as a result the Bighorn Basin. Concerns were related to long-term of this permit renewal. water quality, particularly with regard to salt levels in water that would be stored in Boysen Reservoir and released for crop irrigation. Concerns were raised that the proposed increase in salt load from the facility could result in economic losses in agricultural production, and possibly permanent damage to irrigated soils. Risk of Contamination From Hydraulic Fracturing In general, all oil and gas discharge permits in Wyoming Fluids and Well Additives: prohibit the inclusion of frac chemicals, drilling fluids, or Concerns were cited from multiple parties regarding any well maintenance or stimulation chemicals in the risk of frac fluids or well chemicals entering the waste produced water discharge. WDEQ agrees that this stream of the produced water. Commenters noted that particular facility is unique in that the operator has the initial draft permit renewal had a general narrative submitted plans to BLM for significant future drilling requirement that such fluids are not allowed in the and water production in the area. The revised draft discharge, but had no way of ensuring this requirement permit now includes semi-annual screening for specific was actually being met. Specific concerns were chemicals that the permittee has reported using. Based related to human health, fish and aquatic life habitat, on information WDEQ has obtained from the Wyoming and livestock and wildlife consumption. Oil and Gas Conservation Commission, the permit now requires screening for a list of chemical compounds that have been used in fracking and maintenance activities at this facility. These are chemicals not found naturally in formation waters. Any detection of them in the produced water would be a violation of permit conditions. Page 2 Summary of Public Comments WDEQ Response Water Quality risks to Livestock and Wildlife: All surface waters in Wyoming are protected for General concerns were submitted relating to future livestock and wildlife uses. At a minimum, WYPDES health of livestock and wildlife below this project area, permits must ensure that animals drinking the discharged if pollutant loads are allowed to increase. These water are not harmed. All effluent limits in this permit comments were focused primarily on Alkali Creek and are written to ensure that livestock and wildlife uses are Badwater Creek, which are the immediate receiving maintained in the downstream waters. In addition, the streams below the project area. landowner situated in and immediately downstream of the project area does rely on, and has requested, the discharge water for livestock and wildlife watering. Impacts to Badwater Creek and Alkali Creek: The revised draft permit includes additional protections Comments were submitted, citing general concerns on for Badwater Creek and Alkali Creek. These include water quality impacts to Badwater Creek and Alkali new effluent limits for Chloride, Temperature, Sulfides, Creek below the discharge facility. Badwater Creek is Radium and Barium. Additionally, the permit a class 2AB water, protected for fish and drinking establishes a whole effluent toxicity testing requirement water uses. at each outfall, along with instream monitoring locations in Badwater Creek and Alkali Creek to ensure that standards within those streams are being met. WDEQ is confident that Badwater Creek and Alkali Creek will be adequately protected under the renewed permit. Erosion: Because the discharge facility will be held to its historic Several comments noted that an increased discharge flow rate of around 2 million gallons per day, WDEQ volume (up to 8 million gallons per day originally does not expect any added erosion risk from the proposed) could result in significant erosion below the discharge, or from issuance of the revised draft permit. discharge facility if precautions were not taken to In addition, the permit retains its requirement for the stabilize the stream channels. Erosion would then operator to monitor and mitigate any erosion that might result in damage to both the eroded/scoured area as take place. The permittee has been complying with this well as