Wyo DEQ Permits Pollution from CBM Reservoirs

by Steve Jones

When I took on the job of Watershed Protection Program Attorney for WOC, I took a look at the way the Wyoming Department of Environmental Quality (WDEQ) does business. I discovered some strange things. The agency was (and is) authorizing the construction of coalbed methane produced water "reservoirs" under its water discharge permit system. But it is not requiring construction permits for these reservoirs.

A discharge is the addition of pollution to rivers, lakes or any "waters of the state." It might surprise you to know that pollution is allowed under our state and federal laws. But it must be within limits, usually known as effluent limitations.

Besides permitting discharges, WDEQ must also issue permits for the

Lower Prairie Dog Reservoir, showing Leakage. Powder River Basin Resource Council

construction of such things as sewage systems, waste disposal systems, treatment works and "other facilities capable of causing or contributing to pollution."

But certain reservoirs were (and are) being built without construction permits. Only discharge permits were being issued. At that point I said, "Wait a minute, something's wrong here." Aren't these reservoirs "treatment works" or "disposal systems?" Aren't they "facilities capable of causing or contributing to pollution?" Isn't WDEQ required to issue permits to construct these reservoirs?

Instead, WDEQ is allowing water produced from coalbed methane wells to be discharged to these reservoirs without first requiring construction permits. Seems like there's a step missing here, wouldn't you say?

WDEQ rationalizes its approach by comparing these reservoirs to stock-watering ponds, for which construction permits are not required. Even though the reservoirs contain CBM discharge water, WDEQ does not consider them "facilities capable of causing or contributing to pollution." This is rather amazing when you consider that the only water flowing into the reservoirs is polluted CBM discharge water.

And, since there are no construction permits required, the operators of these reservoirs are not required to demonstrate that their holding ponds won't pollute the groundwater. While CBM-produced water is not good enough for our rivers, lakes and streams (hence the required reservoir), it apparently, under WDEQ's current practices, is just fine for our groundwater.

These reservoirs are unlined, they leak like sieves and they may well pollute the groundwater.

If WDEQ was doing its job, it would require a construction permit for each of these reservoirs. Permit applicants would have to submit engineering design plans and specifications demonstrating that proposed reservoirs would be constructed properly, of the proper materials and of the proper proportions, so that they would not pose a pollution threat to either surface or groundwater. In most cases, reservoirs would have to be lined to prevent groundwater infiltration.

In March, WOC issued a 60-day notice letter to the WDEQ demanding that the agency issue construction permits for CBM reservoirs. If it does not, we will file a citizens' suit under the Wyoming Environmental Quality Act asking a judge to order WDEQ to do what we have been urging the agency to do for months.