Current through Register Vol. 47, No. 17, September 10, 2024
a.
Applicability. This Rule 913 applies to the investigation,
Remediation, and reporting required for Spills and Releases, Remediation
projects, and decommissioning of Oil and Gas Facilities. All site
investigation, Remediation, and closure operations will be conducted in
accordance with the Commission's Rules, including the Commission's 1000 Series
Rules.
b.
General Site
Investigation and Remediation Requirements.
(1)
Site Investigation and Remediation
Workplan. Operators will submit and obtain the Director's approval of a
Form 27 whenever it is required by the Commission's Rules, prior to commencing
the operations addressed by the Form 27.
(2)
Sampling and Analyses.
Operators will conduct sampling and analysis of soil and Groundwater pursuant
to Rule 915 to determine the horizontal and vertical extent of any
contamination in excess of the cleanup concentrations in Table 915-1 or in WQCC
Regulation 41 numeric and narrative Groundwater quality standards and
classifications, as incorporated by reference in Rule 901.b.
A. Sampling and analyses will be required to
profile E&P Waste, delineate extent of contamination, and confirm
compliance with applicable standards upon completion of Remediation.
B. Laboratory method detection limits must be
less than or equal to Table 915-1 or WQCC Regulation 41 standards, as
incorporated by reference in Rule 901.b.
C. Composite sample results may be submitted
for preliminary analysis and waste profiling. Discrete sample results will be
required for confirmation sampling.
(3)
Management of Investigation-Derived
Waste. Investigation-Derived Waste will be managed pursuant to Rules 905
or 906.
(4)
Pit
Evacuation. Prior to site investigation and Remediation, E&P Waste
will be treated or disposed pursuant to Rule 905.
(5)
Remediation.
A. Remediation will be performed in a manner
that reduces or removes contamination that exceeds the cleanup concentrations
in Table 915-1 or in WQCC Regulation 41 numeric and narrative Groundwater
quality standards and classifications, as incorporated by reference in Rule
901.b, and that protects and minimizes adverse impacts to public health,
safety, welfare, the environment, and wildlife resources.
B. When conducting Remediation activities,
Operators will conform to the following standards:
i. Operators will fence or cover open
excavations to prevent access when sites are not attended.
ii. Operators will protect topsoil,
consistent with the Commission's 1000 Series Rules.
iii. Operators will minimize surface
disturbance.
iv. Operators will
properly store, handle, and manage all E&P Waste to prevent contamination
of stormwater, surface water, Groundwater, and soil.
v. If Remediation occurs within High Priority
Habitat, the Operator will incorporate Best Management Practices protective of
the relevant wildlife species or habitat in the Operator's Form 27.
C. Groundwater that does not meet
the cleanup concentrations in Table 915-1 or WQCC Regulation 41 numeric and
narrative Groundwater quality standards and classifications, as incorporated by
reference in Rule 901.b, will be remediated pursuant to a Form 27.
(6)
Surface
Reclamation. If the Director approves the closure of a Remediation
project, the Operator will reclaim the site(s) pursuant to the Commission's
1000 Series Rules.
c.
Form 27, Site Investigation and Remediation Workplan. Operators
will prepare and obtain the Director's approval of a Form 27 prior to
conducting the following operations and Remediation activities:
(1) Pit or Cuttings Trench closure;
(2) Buried or partially buried vessel
closure, which will be by removal;
(3) Remediation of Spills and Releases
pursuant to Rule 912;
(4) Land
Treatment of Oily Waste pursuant to Rule 905.e;
(5) Closure of Centralized E&P Waste
Management Facilities pursuant to Rule 907.h;
(6) Remediation of impacted Groundwater
pursuant to Rule 915.e.(3).D, and the contaminant concentrations in Table
915-1;
(7) Investigation and
Remediation of natural gas in soil or Groundwater;
(8) When requested by the Director due to any
potential risk to soil, Groundwater, or surface water; and
(9) Decommissioning of Oil and Gas
Facilities.
d.
Implementation Schedule. Each Form 27 will include a specific
implementation schedule to complete investigation and Remediation.
(1) Operators will investigate impacts to
soil, Groundwater, and surface water as soon as the impacts are
discovered.
(2) Any change from the
approved implementation schedule will be requested at least 14 days in advance,
and the Operator may not make the change without the Director's
approval.
e.
Reporting Schedule. After initial approval of a Form 27, the
Operator will provide quarterly update reports in a Supplemental Form 27 to
document progress of site investigation and Remediation, unless an alternative
reporting schedule has been requested by the Operator and approved by the
Director. The Director may request a more frequent reporting schedule based on
site-specific conditions.
(1) Operators may
not change the reporting schedule without the Director's approval.
(2) By April 15, 2021, Operators of existing
Remediation projects approved prior to January 15, 2021 will submit a
Supplemental Form 27 with a detailed project summary and status.
(3) For existing Remediation projects
approved prior to January 15, 2021, the Operator will adopt a quarterly
reporting schedule unless a more frequent or specific reporting schedule was
already approved by the Director.
(4) At least one of the Operator's quarterly
reports each calendar year will address the adequacy of general liability
insurance held by the Operator pursuant to Rule 705, or Financial Assurance
otherwise provided by the Operator, to fully address the anticipated costs of
Remediation.
f.
Discovery of a Spill or Release During Closure. If a Spill or
Release is discovered during facility closure operations, the Operator will
report it to the Director on a Form 19 pursuant to Rule 912.
g.
Changes of Operator. Within
60 days of the Director's approval of a Form 9 - Subsequent pursuant to Rule
218.e, the Buying Operator will submit a supplemental Form 27 designating the
responsible Operator for all open Remediation projects.
h.
Closure.
(1) Remediation will be considered complete
when the Operator has demonstrated compliance with:
A. The cleanup concentrations in Table
915-1;
B. WQCC Regulation 41
numeric and narrative Groundwater quality standards and classifications, as
incorporated by reference in Rule 901.b, if applicable; and
C. Any condition of approval of a Form
27.
(2) An Operator may
request a variance pursuant to Rule 502 to comply with an alternative standard
in lieu of one or more of the standards in Rules 913.h.(1).A & C. In
addition to applying for a variance, the Operator will also submit a Form 27
demonstrating that their alternative clean-up process protects and minimizes
adverse impacts to public health, safety, welfare, the environment, and
wildlife resources.
(3) For
contaminated groundwater where periodic monitoring has been required, closure
may not occur until after 4 consecutive quarters of sampling and analysis
demonstrating compliance with Table 915-1 and WQCC Regulation 41 numeric and
narrative Groundwater quality standards and classifications, as incorporated by
reference in Rule 901.b, if applicable.
(4) Notification of Completion. Within 30
days after conclusion of site Remediation activities:
A. Operators conducting Remediation
operations pursuant to an approved Form 27 will submit to the Director a
Supplemental Form 27 containing documentation sufficient to demonstrate
compliance with the Commission's Rules.
B. Operators will coordinate with the
Director through a Form 4 regarding additional surface Reclamation required by
the Commission's 1000 Series Rules, if applicable.
i.
Release of Financial
Assurance. Financial Assurance required by Rule 706 may be held by the
Director until the required Remediation of soil and/or Groundwater impacts is
completed in accordance with the approved workplan, or until cleanup goals are
met.
