Analysis of Regulatory Framework for Produced Water Management and Reuse in Major Oil- and Gas-Producing Regions in the United States

The rapid development of unconventional oil and gas (O&G) extraction around the world produces a significant amount of wastewater that requires appropriate management and disposal. Produced water (PW) is primarily disposed of through saltwater disposal wells, and other reuse/disposal methods include using PW for hydraulic fracturing, enhanced oil recovery, well drilling, evaporation ponds or seepage pits within the O&G field, and transferring PW offsite for management or reuse. Currently, 1-2% of PW in the U.S. is used outside the O&G field after treatment. With the considerable interest in PW reuse to reduce environmental implications and alleviate regional water scarcity, it is imperative to analyze the current regulatory framework for PW management and reuse. In the U.S., PW is subject to a complex set of federal, state, and sometimes local regulations to address the wide range of PW management, construction, and operation practices. Under the supervision of the U.S. Environment Protection Agency (U.S. EPA), different states have their own regulatory agencies and requirements based on state-specific practices and laws. This study analyzed the regulatory framework in major O&G-producing regions surrounding the management of PW, including relevant laws and jurisdictional illustrations of water rules and responsibilities, water quality standards, and PW disposal and current/potential beneficial reuse up to early 2022. The selected eastern states (based on the 98th meridian designated by the U.S. EPA as a tool to separate discharge permitting) include the Appalachian Basin (Marcellus and Utica shale areas of Pennsylvania, Ohio, and West Virginia), Oklahoma, and Texas; and the western states include California, Colorado, New Mexico, and Wyoming. These regions represent different regulations; climates; water quantities; quality diversities; and geologic, geographic, and hydrologic conditions. This review is particularly focused on the water quality standards, reuse practices and scenarios, risks assessment, knowledge gaps, and research needs for the potential reuse of treated PW outside of O&G fields. Given the complexity surrounding PW regulations and rules, this study is intended as preliminary guidance for PW management, and for identifying the knowledge gaps and research needs to reduce the potential impacts of treated PW reuse on the environment and public health. The regulations and experiences learned from these case studies would significantly benefit other states and countries with O&G sources for the protection of their environment and public health.