Current through Register Vol. 47, No. 17, September 10, 2024
a. Operators will
submit a dust mitigation plan for all Oil and Gas Operations on Oil and Gas
Locations and lease access roads, that demonstrates one or more methods of
meeting the requirements of this Rule 427 as an attachment to their Form 2As,
as required by Rule 304.c.(5). An Operator may submit substantially equivalent
information or plans developed through a Local Government land use process or
federal process in lieu of the information required by this Rule 427.a unless
the Director or Commission determines that the information or plan developed
through the Local Government land use process or federal process is not
equivalent. Such plans will include at least the following information:
(1) Soil type;
(2) Proposed vehicle speed limit to minimize
dust;
(3) Total area of soil
disturbance (in acres);
(4) Whether
access roads are paved;
(5) Number
of anticipated truck trips during each stage of wellpad construction, drilling,
completion, and production;
(6) A
plan for suppressing fugitive dust caused solely by wind; and
(7) A list of Best Management Practices that
will be used. Such practices may include, but are not limited to:
A. The use of speed restrictions;
B. Regular road maintenance; and
C. Restricting construction activity during
high wind days.
b. Operators will minimize fugitive dust
caused by their operations, or dust originating from areas disturbed by their
Oil and Gas Operations that becomes windborne.
(1) If at any time, an Operator is not in
compliance with this Rule 427.b, the Operator will cease ongoing truck traffic
or other operations causing fugitive dust, until the Operator has performed
dust suppression activities that the Director determines substantially and
adequately control dust. If an Operator disagrees with the Director's
determination, it may appeal to the Commission pursuant to Rule
901.a.(3).
(2) Compliance with a
dust minimization plan submitted pursuant to Rule 427.a does not relieve an
Operator of complying with this Rule 427.b.
c.
Applying Dust Suppressant.
(1) Operators will not use any of the
following fluids for dust suppression:
A.
Produced water;
B. E&P Waste or
hazardous waste;
C. Crude oil or
any oil not specifically designed for road maintenance;
D. Solvents; and
E. Any process Fluids.
(2) Operators will use only fresh water
(potable or non-potable) to conduct dust suppression activities within 300 feet
of the ordinary high-water mark of any water body.
(3) Operators will maintain safety data
sheets ("SDS") for any chemical-based dust suppressant, and make the SDS
available immediately upon request to the Director and to the Local Government.
Operators will maintain SDS for any chemical-based dust suppressant until the
site passes final site Reclamation, and transfer the records upon transfer of
property ownership.
d.
Within 2,000 feet of Building Units, or High Priority Habitat, the Commission
may require additional dust control measures as a condition of approval,
including, but not limited to:
(1)
Constructing wind breaks and barriers;
(2) Automation of Wells to reduce truck
traffic;
(3) Road or facility
surfacing; and
(4) Soil stockpile
stabilization measures.
e.
Cumulative Dust Impacts.
Based on review of dust mitigation plans submitted pursuant to Rule 427.a, the
Commission may require Operators to adopt additional dust mitigation
requirements to reduce cumulative dust impacts, based on the following
considerations:
(1) The number of anticipated
truck trips for the Oil and Gas Facility seeking Commission approval combined
with the number of anticipated truck trips at any other Oil and Gas Locations
within a 1-mile radius during the same time period;
(2) Whether the truck traffic for the Oil and
Gas Facility seeking Commission approval will use any of the same unpaved roads
as truck traffic for any other Oil and Gas Facility; and
(3) Whether there are other major sources of
dust in the area, which may or may not be Oil and Gas Facilities, which will
result in the area bearing a cumulative dust risk that could harm public
health, safety, welfare, the environment, or wildlife resources, including
impacts to plants, such as burial or significant damage to photosynthetic
processes.
