As Tom Darin details on the previous page, the U.S. Environmental Protection Agency (EPA) gave the Bureau of Land Management's draft Environmental Impact Study on Powder River Basin coalbed methane development its worst possible grade: Environmentally Unsatisfactory (EU), and a ranking of "3" (inadequate information).
The EPA's primary concerns echo those expressed by WOC in its comments to the BLM. Many were water-quality related and include:
- The range of CBM development alternatives did not include one that would meet state water-quality standards.
- Impacts to the Tongue River may not meet Clean Water Act requirements, particularly in that discharging untreated water into the Tongue River can create water quality unsuitable for irrigation.
- Impacts to the Powder River and Little Powder River are not well understood, particularly how changes in flow would affect irrigation practices.
- Impacts to the Belle Fourche River and Cheyenne River must be better understood given EPA's analysis showing potential changes to the Sodium Adsorption Ratio, which measures the ability of saline-laden CBM discharge water to penetrate soils.
We were pleased that the EPA recognized the serious water-quality issues raised by massive proposed CBM development in the basin.
EPA Pollution Guidelines
More than a year ago, WOC asked the EPA to select the CBM industry for the agency's next round of regulatory studies for Effluent Limitation Guidelines (ELG). ELGs, which are based on studies of technology and the economics of possible effluent limits, set discharge limits for typical pollutants on an industry-wide basis.
But the EPA has chosen a different process. The agency plans to determine pollution limits on a case-by-case basis, using its Best Professional Judgment (BPJ). BPJ sets guidelines that each industry case must follow in determining effluent limits for a specific discharge. Although such guidelines also provide greater discretion in establishing those limits, they are a step forward in providing sound regulation.
The EPA's current studies to determine BPJ guidelines include a number of new options for setting pollution limits, including new treatment technologies such as reinjecting CBM-produced water into aquifers rather than discharging it onto the surface.
With a more thorough understanding of available and economically feasible technology, we will all be closer to achieving sound management of CBM wastewater. And yet, just this April, the Department of Interior sought to slow down this process (see sidebar).
Rewriting State Water Rules
The Wyoming Department of Environmental Quality (DEQ) is rewriting four chapters of the state's water-quality rules and regulations, for the first time since 1975. These relate to the National Pollutant Discharge Elimination System (NPDES) program, as well as pollution discharges into groundwater supplies.
DEQ's Water and Waste Advisory Board must approve the proposed wording for a new Chapter 2, which will incorporate several old chapters. This was set to occur on June 17, but the DEQ postponed the meeting, giving it more time to respond to the EPA's extensive review of the new regulation. The EPA found many instances where the proposed new Chapter 2 did not comply with the Clean Water Act and federal clean water regulations. The Wyoming Environmental Quality Council, which is DEQ's rulemaking body, will eventually consider whether to adopt the new Chapter.
Green River Dam Proposal
There is movement afoot to establish another dam somewhere in the Green River Basin. Former legislator and rancher Dan Budd has been pushing for additional water-storage capacity, and meetings are being held to plan a new dam. Information is vague right now, but there is talk of an off-channel reservoir to be built on the East Fork River, a major tributary of the Green River.
WOC opposes any further damming or diversion of the main stem of the Green River. We will carefully monitor any action on this matter and keep you fully informed. |
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