Regulatory Regimes for Recycling Produced and Frac Flowback Water

Despite promising new water treatment services that can help oil and gas operators conserve freshwater and recycle produced and hydraulic fracturing flowback water, there is little consistency across jurisdictions as to how produced water recycling operations are regulated. Some jurisdictions differentiate between commercial and non-commercial operations. Others treat water recycling like solid waste recycling. The goal of this paper is to present information on the various state regulatory schemes that exist for the recycling of produced water and the permitting issues associated with these regimes. The presentation will cover basic regulatory considerations in recycling oil and gas wastes and will briefly detail how specific high-growth shale field states such as Texas, Colorado, Louisiana, New Mexico, Pennsylvania, and Wyoming manage the permitting process for produced water recycling. A particular focus will be on issues affecting water scarce areas like the Eagle Ford Shale. The presentation highlights potential changes in the near future regarding oil and gas regulatory exemptions that may affect produced water recycling and advocates for states to examine ways to reduce regulatory obstacles to encourage recycling.