Current through Register Vol. 50, No. 9, September 20, 2024
A. Reserve pit
fluids, as well as drilling muds, cuttings, etc. from holding tanks, may be
disposed of onsite provided the technical criteria of
§313 C, D, E, F, or G below are met, as
applicable. All E and P waste must be either disposed of on-site, used in
downhole well operations in accordance with the requirements of LAC
43:XIX:313.J or transported to an approved commercial facility or transfer
station in accordance with the requirements of LAC 43:XIX.Chapter 5 or under
the direction of the commissioner.
B. Prior to conducting onsite pit closure
activities, an operator must make a determination that the requirements of this
Subparagraph are attainable.
C.
Unless specifically stated otherwise, all pit closure techniques in this
Subparagraph, except solidification, waste/soil mixtures must not exceed the
following criteria:
1. range of pH: 6-9 for
land treatment and burial and trenching, 6-12 for onsite land
development;
2. total metals
content (ppm):
|
Parameter
|
Limitation
|
|
Arsenic
|
10
|
|
Barium
|
|
Submerged Wetland Area
|
20,000
|
|
Elevated Wetland Area
|
20,000
|
|
Upland Area
|
40,000
|
|
Cadmium
|
10
|
|
Chromium
|
500
|
|
Lead
|
500
|
|
Mercury
|
10
|
|
Selenium
|
10
|
|
Silver
|
200
|
|
Zinc
|
500
|
D. Land Treatment. Pits containing E and P
Waste may be closed onsite by mixing wastes with soil from pit levees or walls
and adjacent areas provided waste/soil mixtures at completion of closure
operations do not exceed the following criteria, as applicable, unless the
operator can show that higher limits for EC, SAR, and ESP can be justified for
future land use or that background analyses indicate that native soil
conditions exceed the criteria.
1. In addition
to the pH and metals criteria listed in
§313. C above, land
treatment of E and P Waste in submerged wetland, elevated wetland, and upland
areas is permitted if the oil and grease content of the waste/soil mixture
after closure is < 1 percent (dry weight).
2. Additional parameters for land treatment E
and P Waste in elevated, freshwater wetland areas where the disposal site is
not normally inundated:
a. electrical
conductivity (EC-solution phase): < 8 mmhos/cm;
b. sodium adsorption ratio (SAR-solution
phase): < 14;
c. exchangeable
sodium percentage (ESP-solid phase): 25 percent.
3. Additional parameters for land treatment
of E and P Waste in upland areas:
a.
electrical conductivity (EC-solution phase): < 4 mmhos/cm;
b. sodium adsorption ratio (SAR-solution
phase): < 12;
c. exchangeable
sodium percentage (ESP-solid phase): < 15 percent.
E. Burial or Trenching. Pits
containing E and P Waste may be closed by mixing the waste with soil and
burying the mixture onsite, provided the material to be buried meets the
following criteria:
1. the pH and metals
criteria in
§313. C above;
2. moisture content: < 50 percent by
weight;
3. electrical conductivity
(EC): < 12 mmhos/cm;
4. oil and
grease content: < 3 percent by weight;
5. top of buried mixture must be at least 5
feet below ground level and then covered with 5 feet of native soil;
6. bottom of burial cell must be at least 5
feet above the seasonal high water table.
F. Solidification. Pits containing E and P
Waste may be closed by solidifying wastes and burying it onsite provided the
material to be buried meets the following criteria:
1. pH range: 6 - 12;
2. Leachate testing* for oil and grease: <
10.0 mg/1 and chlorides < 500.0 mg/1
*NOTE: The leachate testing method for oil and grease is
included in the manual titled "Laboratory Procedures for Analysis of
Exploration and Production Waste" (Department of Natural Resources, August 9,
1988, or latest revision).
3. Leachate testing* for the following
metals:
a. arsenic < 0.5 mg/1;
b. barium < 10.0 mg/l;
c. cadmium < 0.1 mg/1;
d. chromium < 0.5 mg/1;
e. lead < 0.5 mg/1;
f. mercury < 0.02 mg/1;
g. selenium < 0.1 mg/1;
h. silver < 0.5 mg/1;
i. zinc < 5.0 mg/1;
*NOTE: The leachate testing method for metals is included
in the manual titled "Laboratory Procedures for Analysis of Exploration and
Production Waste" (Department of Natural Resources, August 9, 1988, or latest
revision).
4.
top of buried mixture must be at least 5 feet below ground level and covered
with 5 feet of native soil;
5.
bottom of burial cell must be at least 5 feet above the seasonal high water
table;
6. solidified material must
meet the following criteria*:
a. unconfined
compressive strength (Qu): > 20 lbs/in2
(psi);
b. permeability: <1 x
10-6 cm/sec;
c. wet/dry durability: > 10 cycles to
failure.
*NOTE: Testing must be conducted according to ASTM or other
approved methods prior to pit closure by solidification processes.
G. Onsite
Land Development. Reserve pits containing E and P Waste may be closed by
processing the waste material with Department of Environmental Quality approved
stabilizing additives and using the mixture onsite to develop lease roads,
drilling and production locations, etc. provided the following conditions have
been met:
1. at least 72 hours prior to
commencement of waste processing operations, written notification has been made
to the Office of Conservation of the operator's intent to utilize this method
of reserve pit closure. This notification shall include a detailed explanation
of the methods used to generate the processed waste material, including but not
limited to the types and volumes of additives to be used, amounts of processed
waste material to be generated, the applications and locations onsite for which
the processed waste material will be used, written approval from the surface
owner of the property on which the processed waste material is to be applied;
and any other pertinent information required by the commissioner;
2. E and P Waste shall not be processed in an
unlined reserve pit with a bottom that extends to a depth deeper than 5 feet
above the seasonal high water table;
3. the processed waste material meets the
following analytical criteria:
a. pH range of
the mixture: 6-12;
b. electrical
conductivity (EC): < 8 mmhos/cm;
c. oil and grease content: < 1 percent by
weight;
d. total metals content
meeting the criteria of
§313. C.2
above;
e. leachate testing** for
chloride concentration: < 500 mg/L; and,
f. NORM concentrations do not exceed
applicable DEQ criteria or limits;
*NOTE: The testing method for pH, EC, and metals shall
conform to the requirments of
§311. D and is included
in the manual titled "Laboratory Procedures for Analysis of Exploration and
Production Waste" (Department of Natural Resources, August 9, 1988, or latest
revision).
**NOTE: The leachate testing method for metals is included
in the manual titled "Laboratory Procedures for Analysis of Exploration and
Production Waste" (Department of Natural Resources, August 9, 1988, or latest
revision).
4. any pit remaining after
the generation and application of the processed waste material shall be closed
in conformance with the criteria of
§313. D above;
and
5. the Commissioner of
Conservation, the Secretary of the Department of Natural Resources, and the
State of Louisiana shall be held harmless from and indemnified for any and all
liabilities arising from onsite land development using processed E and P Waste,
and the operator of record and the surface owner shall execute agreements as
the commissioner requires for this purpose.
H. Passive Closure
1. The Office of Conservation will consider
requests for passive pit closure provided one of the following conditions
exists:
a. where pit closure would create a
greater adverse environmental impact than if the pit were allowed to remain
unreclaimed;
b. where pit usage can
be justified for agricultural purposes or wildlife/ecological
management.
2. Operators
requesting passive pit closure shall submit the following:
a. an affidavit requesting passive pit
closure for one of the reasons contained in
§313. H 1;
b. a copy of ENG-15 or ENG-15-CP with pit
identification number shown thereon;
c. an affidavit of no objection from the
Louisiana Department of Wildlife and Fisheries obtainable by contacting:
La. Department of Wildlife & Fisheries
P.O. Box 98000
Baton Rouge, LA 70898
Telephone: (225) 765- 2819
d. where applicable, an affidavit of no
objection from the Department of Natural Resources, Coastal Management
Division, obtainable by contacting:
Department of Natural Resources
Coastal Management Division
P.O. Box 44487
Baton Rouge, LA 70804-4487
Telephone: (225) 342-7591
e. an affidavit of no objection from the
landowner endorsing operator's request for passive pit closure;
f. a photograph of the pit in
question;
g. an inspection of the
pit signed by a conservation enforcement agent and a representative of the
operator. The operator shall contact the applicable conservation district
office to arrange date and time for inspection;
h. analytical laboratory reports of the pit
bottoms and pit levees indicating conformance with applicable land treatment
criteria set forth in
§313. C and D;
i. an analytical laboratory report of the
fluid contents of the pit indicating conformance with applicable state and
federal effluent guidelines for oil and gas exploration and production. Contact
the Department of Environmental Quality, Office of Environmental Services,
(225) 219-3181 for information regarding effluent limitations.
3. The Commissioner of
Conservation retains the right to grant exceptions to the requirements of
§313. H.2 as he deems
appropriate.
I. Offsite
Disposal of E and P Waste
1. Except for
produced water, drilling, workover, completion, and stimulation fluids, and
rainwater which may be transported by an oil and gas operator to a community
well or an operators permitted Class II disposal well, discharged to surface
waters where authorized, or otherwise authorized in LAC 43:XIX.313.J,
exploration and production waste shall not be moved offsite for storage,
treatment, or disposal unless transported to an approved commercial facility or
transfer station in accordance with the requirements of LAC 43:XIX.Chapter 5 or
under the direction of the commissioner.
2. The criteria for land treatment, burial,
solidification, or onsite generation of reuse material listed above will apply,
as appropriate, to the onsite disposal of any exploration and production waste
remaining onsite.
3. E and P Waste
that fails to meet the criteria of this Paragraph for onsite disposal shall be
moved offsite by the operator to a permitted commercial facility or transfer
station in accordance with the requirements of LAC 43:XIX, Chapter
5.
J. Use of E and P
Waste (Produced Water, Rainwater, Drilling, Workover, Completion and
Stimulation Fluids) for Downhole Well Operations
1. Produced water, rainwater, drilling,
workover, completion and stimulation fluids generated at a wellsite
(originating wellsite) that are classified as E and P Waste as defined in LAC
43:XIX.501 may be transported offsite for use in downhole well operations at
another wellsite (receiving wellsite) in accordance with the following
provisions.
a. Nothing in this rule is
intended to authorize interstate transfer of E and P Waste between different
operators or the intrastate transportation, storage, treatment, use, or
disposal of such E and P Waste.
b.
All residual waste generated in the treatment or processing of E and P Waste
prior to its use in downhole well operations must be properly disposed of in
accordance with the following:
i. All residual
waste generated as a result of treatment or processing conducted at the
originating wellsite must be either disposed of onsite at the originating
wellsite in accordance with all the requirements of LAC 43:XIX.311 and 313,
except and not including Subsection 313 J, or offsite in accordance with the
requirements of LAC 43:XIX.Chapter 5.
ii. All residual waste generated as a result
of treatment or processing conducted at the receiving wellsite meeting the
definition of E and P waste in LAC 43:XIX.501 must be disposed of offsite in
accordance with the requirements of LAC 43:XIX.Chapter 5.
c. The types and volumes of E and P waste
generated for use along with the well name and well serial number of the
receiving wellsite, and the receiving operator (if different) must be reported
on either Form ENG-16 (oilfield waste disposition) for the originating well
and/or Form ENG-17 (reclaimed oilfield waste fluid tracking ticket) and/or
maintained in a substantively similar manifest system depending on the waste
types involved. Waste tracking records documenting transfers between operators
must be maintained for at least three years and must be submitted in a timely
and legible manner to the Office of Conservation upon request.
d. Operators must have authority from surface
owners to store and use E and P Waste from an offsite location at the receiving
wellsite or staging location.
e. E
and P waste intended for use must be stored at the receiving wellsite or at a
staging location operated by the same operator of record as the receiving
wellsite in an above ground storage tank or a lined production pit which
conforms to the liner requirements and operational provisions of LAC
43:XIX.307.A.
f. The receiving
operator assumes responsibility for ROW fluid once it is off-loaded from a
transport or exits a transfer line at the receiving operator's staging location
or wellsite.
2. The
commissioner of Conservation, the secretary of the Department of Natural
Resources, and the state of Louisiana shall be held harmless from and
indemnified for any and all liabilities arising from use of E and P waste
pursuant to this Subsection, and the operator of record and the surface owner
shall execute agreements as the commissioner requires for this
purpose.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
30:4 et seq.
