Current through Register Vol. 47, No. 17, September 10, 2024
a.
Operators will ensure that the Pits they operate are:
(1) Properly permitted through a Form 15
approved by the Director, or registered in their names with an active Pit
Facility ID;
(2) Accurately mapped;
and
(3) Listed according to current
facility records in the Commission's database. Operators may update facility
records using a Form 15.
b. Operators will construct, maintain, and
operate Pits used for exploration and production of oil and gas in a manner
that protects and minimizes adverse impacts to public health, safety, welfare,
the environment, and wildlife resources. Operators will operate and maintain
Pits and Pit liners to prevent Spills and Releases.
c. Operators will construct, monitor, and
operate Pits to provide for a minimum of 2 feet of freeboard at all times
between the top of the Pit wall at its point of lowest elevation and the Fluid
level of the Pit. Operators will employ a method of monitoring and maintaining
the freeboard. Operators will report any unauthorized Release of Fluids from a
Pit pursuant to Rule 912.
d.
Operators will not store oil or any other produced liquid hydrocarbon substance
in earthen Pits or reservoirs, except in emergencies where such substances
cannot be otherwise contained. Operators will remove the oil or produced
hydrocarbons as soon as the emergency is controlled. Operators will submit a
Form 15 for the Director's approval within 30 days of the emergency, pursuant
to Rule 908.c.
e. No liquid
hydrocarbons may be present in a Pit unless the Pit is specifically permitted
as a Skimming/Settling ("Skim") Pit.
(1)
Immediately upon discovery or notification, Operators will remove any
accumulation of oil or condensate, including free product or hydrocarbon sheen,
from a Pit. If the Operator is unable to immediately remove the accumulation,
the accumulation will be removed within 24 hours of discovery.
(2) Operators will use skimming, steam
cleaning of exposed liners, or other safe and legal methods as necessary to
maintain Pits in clean condition and to control hydrocarbon odors.
(3) If an Operator allows oil or condensate
(free product or sheen) to accumulate in a Pit, then the Director may revoke
the Operator's Form 15 and require the Operator to close and remediate the
Pit.
f. Operators will
fence and net or install CPW-approved exclusion devices on all new Pits
pursuant to Rule 1202.a.(4).
g.
Operators may use Multi-Well Pits for a period of no more than 3 years, unless:
(1) The Operator obtains a permit to operate
the Multi-Well Pit pursuant to Rule 907 at a Centralized E&P Waste
Management Facility;
(2) The
Multi-Well Pit is located in Huerfano or Las Animas Counties and was
constructed prior to May 1, 2011; or
(3) The Multi-Well Pit is located in Logan,
Morgan, Washington, and Yuma Counties and was constructed prior to May 1,
2013.
(4) Based on evidence of
risks to public health, safety, welfare, the environment, or wildlife
resources, the Director may require an Operator to line, net, cover, fence, or
close an existing Multi-Well Pit that is subject to Rules 909.g.(2) & (3),
or submit a Form 28 for such a Multi-Well Pit.
h. Operators will treat produced water
pursuant to Rule 905.c.(1) before placing it in a Production Pit.
i. Operators will utilize appropriate biocide
treatments to control bacterial growth and related odors.
j.
Produced Water Quality
Analyses. Beginning January 15, 2021, Operators will submit an initial
water quality analysis for produced water for each Well from which produced
water is placed into a permitted or registered Pit, including Pits that were
constructed prior to January 15, 2021.
(1)
The water sample will be analyzed for the following:
A. pH;
B. Specific conductance;
C. Total dissolved and suspended solids (TDS
and TSS);
D. Alkalinity (total,
bicarbonate, and carbonate as CaCO3);
E. Major anions (bromide, chloride, fluoride,
sulfate, nitrate and nitrite as N, and phosphorus);
F. Major cations (calcium, iron, magnesium,
manganese, potassium, and sodium);
G. Other elements (barium, boron, selenium,
and strontium);
H.
Naphthalene;
I. Total petroleum
hydrocarbons ("TPH") as total volatile hydrocarbons (C6 to C10) and total
extractable hydrocarbons (C10 to C36);
J. BTEX compounds (benzene, toluene,
ethylbenzene, and xylenes); and
K.
Radium (226Ra and
228Ra).
(2) Subsequent Sampling and Analysis. After
initial sampling, Operators will collect and analyze subsequent samples at the
following frequencies:
A. For lined Pits,
Operators will collect and analyze a second confirmation sample during the
period between 33 and 39 months after the initial sampling and
analysis;
B. For unlined Pits:
i. Operators will collect and analyze samples
on an annual basis after the initial sampling and analysis;
ii. If subsequent sampling and analysis
indicates stable water quality over time, the Operator may request relief from
further subsequent sampling and analysis by submitting a Form 4, which the
Director will review and approve or deny;
C. For all Pits, Operators will collect and
analyze a subsequent sample for any new Well that contributes water to the
Pit;
D. For all Pits, Operators
will collect and analyze a subsequent sample any time the Operator or Director
has reason to believe the water quality in the Pit has changed; and
E. For all Pits, if subsequent sampling and
analysis indicates variable water quality, the Director may require more
frequent or additional sampling.
(3) Operators will submit all water quality
analysis data using a Form 43, Analytical Sample Submittal, and will include
suitable electronic data deliverable generated by the laboratory and PDF of lab
reports within 3 months of sample collection. Results for the initial samples
collected pursuant to Rule 909.j.(1) will be submitted no later than July 15,
2022, or prior to Pit closure, whichever is earlier.
(4) Operators will collect samples according
to standard environmental procedures.
(5) Operators will analyze samples in an
accredited laboratory using established methodologies. For those analytes with
Groundwater threshold concentrations listed in WQCC Regulation 41, as
incorporated by reference in Rule 901.b, the analytical technique will be
capable of achieving, and will achieve, reporting limits at concentrations less
than the WQCC Regulation 41 thresholds in the matrix submitted. The Director
may review the analytical standard used for each analyte and may request the
analysis be run by a different method.
(6) As an alternative to the sampling
required by Rules 909.j.(1)-(5) the Operator transporting produced water
produced from the same formation(s) in the same Field or unit to the same Pit
may submit a Form 4 to request the Director's approval for an alternative
sampling program to consolidate the number of samples required from the same
formation(s).
