WWAB Update
EQC WILL REVISIT AG USE POLICY
Due to the extremely significant impact landowners and livestock producers had on this Ag Use Policy process, the Wyoming Department of Environmental Quality (WDEQ) told the Water and Waste Advisory Board (WWAB) that they agreed to keep in place the current livestock water quality standards for produced water from oil and gas operations.

WDEQ’s decision comes as a direct result of the ag community’s participation, including written comments and testimony to WWAB as well as in prior meetings of WDEQ and the Environmental Quality Council (EQC).

At the WWAB meeting on Friday, March 28, 2008, the following decisions were made on the proposed Chapter 1, Appendix H rules:

For the Ag Use Drafts click here.

A. Chapter 1, Appendix H rule:
The WWAB decided to recommend that WDEQ's proposed Chapter 1, Appendix H be adopted by the EQC as a rule:

Section (a) Purpose: The WWAB amended the second sentence in the last paragraph on page H-1, to read as follows: "Where discharges have been occurring prior to that date, it will be assumed that the discharge has had no adverse effect on agricultural production."

Section (b) Livestock Watering: The WWAB amended this section as follows:

(i) The existing livestock watering limits in Chapter 2 were incorporated into this subsection of Ch 1, Appendix H:

• 5,000 mg/L TDS
• 3,000 mg/L Sulfate
• 2,000 mg/L Chloride
• Sodium was deleted from the livestock effluent limits.
• The second paragraph was deleted. The WWAB decided it should be amended and adopted as a policy (see below).

(ii) Not amended
(iii) Not amended

Section (c) Irrigation: Not amended

B. Chapter 1, Section 20 Policy:
The WWAB recommended that WDEQ adopt the second paragraph of subsection (b) (i) as a policy under the Ch 1, Section 20 rule, amended as follows:

The WWAB amended WDEQ's list (in the proposed Chapter 1, Appendix H rule) to delete arsenic and molybdenum, and to change selenium from 50 Total Recoverable to 100 ug/L Dissolved.

ccording to Bill DiRienzo with the WDEQ, the agency compiled this list of constituents and the concentrations from various ag extension bulletins after CBNG development began. These limits may, but need not be, included in WYPDES permits where livestock protection is a concern.

NEXT STEPS FOR CHAPTER 1 RULEMAKING:
WDEQ will amend the Chapter 1, Appendix H rules as directed by the WWAB and submit them to the EQC. The EQC will schedule a rulemaking hearing and publish notice for 45 days in advance. The hearing will likely happen in June or July—but could be scheduled as early as the end of May. There are three new EQC members and the administrative record from the WWAB is lengthy, making it difficult for even the veteran members to review. Therefore, we will need to present the same evidence and testimony to the EQC that we previously submitted on both the irrigation and livestock water quality standards. Also, we will contact you in the near future regarding the collection and presentation of additional data.

The above information is the most recent update as of March 28, 2008. For more detailed information please contact the CBNGA at info@cbnga.com.