Current through Register Vol. 35, No. 18, September 24, 2024
A. General specifications. An operator shall
design and construct a pit, closed-loop system, below-grade tank or sump to
contain liquids and solids; prevent contamination of fresh water; and protect
public health and the environment.
B. Stockpiling of topsoil. Prior to
constructing a pit, except a pit constructed in an emergency, the operator
shall strip and stockpile the topsoil for use as the final cover or fill at the
time of closure.
C. Signs. The
operator shall post an upright sign not less than 12 inches by 24 inches with
lettering not less than two inches in height in a conspicuous place on the
fence surrounding the pit or below-grade tank, unless the pit or below-grade
tank is located on a site where there is an existing well, signed in compliance
with 19.15.16.8 NMAC, that is operated by the same operator. The operator shall
post the sign in a manner and location such that a person can easily read the
legend. The sign shall provide the following information: the operator's name;
the location of the site by quarter-quarter or unit letter, section, township
and range; and emergency telephone numbers.
D. Fencing.
(1) The operator shall fence or enclose a pit
or below-grade tank in a manner that deters unauthorized access and shall
maintain the fences in good repair. Fences are not required if there is an
adequate surrounding perimeter fence that prevents unauthorized access to the
well site or facility, including the pit or below-grade tank. During drilling
or workover operations, the operator is not required to fence the edge of the
pit adjacent to the drilling or workover rig.
(2) The operator shall fence or enclose a pit
located within 1000 feet of an occupied permanent residence, school, hospital,
institution or church with a chain link security fence, at least six feet in
height with at least two strands of barbed wire at the top. The operator shall
ensure that all gates associated with the fence are closed and locked when
responsible personnel are not onsite. During drilling or workover operations,
the operator is not required to fence the edge of the temporary pit adjacent to
the drilling or workover rig.
(3)
The operator shall fence any other pit or below-grade tank to exclude livestock
with a four foot fence that has at least four strands of barbed wire evenly
spaced in the interval between one foot and four feet above ground
level.
E. Netting. The
operator shall ensure that a permanent pit, a multi-well fluid management pit,
or an open top tank is screened, netted or otherwise rendered non-hazardous to
wildlife, including migratory birds. Where netting or screening is not
feasible, the operator shall on a monthly basis inspect for, and within 30 days
of discovery, report discovery of dead migratory birds or other wildlife to the
appropriate wildlife agency and to the appropriate division district office in
order to facilitate assessment and implementation of measures to prevent
incidents from reoccurring.
F.
Temporary pits. The operator shall design and construct a temporary pit in
accordance with the following requirements.
(1) The operator shall design and construct a
temporary pit to ensure the confinement of liquids to prevent
releases.
(2) A temporary pit shall
have a properly constructed foundation and interior slopes consisting of a
firm, unyielding base, smooth and free of rocks, debris, sharp edges or
irregularities to prevent the liner's rupture or tear. The operator shall
construct a temporary pit so that the slopes are no steeper than two horizontal
feet to one vertical foot (2H:1V). The appropriate division district office may
approve an alternative to the slope requirement if the operator demonstrates
that it can construct and operate the temporary pit in a safe manner to prevent
contamination of fresh water and protect public health and the
environment.
(3) The operator shall
design and construct a temporary pit with a geomembrane liner. The geomembrane
liner shall consist of 20- mil string reinforced LLDPE or equivalent liner
material that the appropriate division district office approves. The
geomembrane liner shall be composed of an impervious, synthetic material that
is resistant to petroleum hydrocarbons, salts and acidic and alkaline
solutions. The liner material shall be resistant to ultraviolet light. Liner
compatibility shall comply with EPA SW-846 Method 9090A.
(4) The operator shall minimize liner seams
and orient them up and down, not across, a slope. The operator shall use
factory welded seams where possible. Prior to field seaming, the operator shall
overlap liners four to six inches. The operator shall minimize the number of
field seams in corners and irregularly shaped areas. Qualified personnel shall
field weld and test liner seams.
(5) Construction shall avoid excessive
stress-strain on the liner.
(6)
Geotextile is required under the liner where needed to reduce localized
stress-strain or protuberances that may otherwise compromise the liner's
integrity.
(7) The operator shall
anchor the edges of all liners in the bottom of a compacted earth-filled
trench. The anchor trench shall be at least 18 inches deep, unless anchoring to
encountered bedrock provides equivalent anchoring.
(8) The operator shall ensure that the liner
is protected from any fluid force or mechanical damage at any point of
discharge into or suction from the lined temporary pit.
(9) The operator shall design and construct a
temporary pit to prevent run-on of surface water. A berm, ditch, proper sloping
or other diversion shall surround a temporary pit to prevent run-on of surface
water. During drilling operations, the edge of the temporary pit adjacent to
the drilling or workover rig is not required to have run-on protection if the
operator is using the temporary pit to collect liquids escaping from the
drilling or workover rig and run-on will not result in a breach of the
temporary pit.
(10) The volume of a
temporary pit shall not exceed 10 acre feet, including freeboard.
(11) The part of a temporary pit used to vent
or flare gas during a drilling or workover operation that is designed to allow
liquids to drain to a separate temporary pit does not require a liner, unless
the appropriate division district office requires an alternative design in
order to protect surface water, ground water and the environment. The operator
shall not allow freestanding liquids to remain on the unlined portion of a
temporary pit used to vent or flare gas.
G. Permanent pits. The operator shall design
and construct a permanent pit in accordance with the following requirements.
(1) Each permanent pit shall have a properly
constructed foundation consisting of a firm, unyielding base, smooth and free
of rocks, debris, sharp edges or irregularities to prevent the liner's rupture
or tear. The operator shall construct a permanent pit so that the inside grade
of the levee is no steeper than two horizontal feet to one vertical foot
(2H:1V). The levee shall have an outside grade no steeper than three horizontal
feet to one vertical foot (3H:1V). The levee's top shall be wide enough to
install an anchor trench and provide adequate room for inspection and
maintenance.
(2) Each permanent pit
shall contain, at a minimum, a primary (upper) liner and a secondary (lower)
liner with a leak detection system appropriate to the site's conditions. The
edges of all liners shall be anchored in the bottom of a compacted earth-filled
trench. The anchor trench shall be at least 18 inches deep.
(3) The primary (upper) liner and secondary
(lower) liner shall be geomembrane liners. The geomembrane liner shall consist
of 30-mil flexible PVC or 60-mil HDPE liner, or an equivalent liner material
the division's Santa Fe office approves. The geomembrane liner shall have a
hydraulic conductivity no greater than 1 x 10-9 cm/sec. The geomembrane liner
shall be composed of an impervious, synthetic material that is resistant to
ultraviolet light, petroleum hydrocarbons, salts and acidic and alkaline
solutions. Liner compatibility shall comply with EPA SW-846 Method 9090A, or
subsequent relevant publication.
(4) The division's Santa Fe office may
approve other liner media if the operator demonstrates to the satisfaction of
the division's Santa Fe office that the alternative liner protects fresh water,
public health, and the environment as effectively as the specified
media.
(5) The operator shall
minimize liner seams and orient them up and down, not across, a slope. The
operator shall use factory welded seams where possible. The operator shall
ensure field seams in geosynthetic material are thermally seamed (hot wedge)
with a double track weld to create an air pocket for non-destructive air
channel testing. The operator shall test a seam by establishing an air pressure
between 33 and 37 psi in the pocket and monitoring that the pressure does not
change by more than one percent during five minute after the pressure source is
shut off from the pocket. Prior to field seaming, the operator shall overlap
liners four to six inches and orient seams, up and down, not across, the slope.
The operator shall minimize the number of field seams in corners and
irregularly shaped areas. There shall be no horizontal seams within five feet
of the slope's toe. Qualified personnel shall perform field welding and
testing.
(6) At a point of
discharge into or suction from the lined permanent pit, the operator shall
ensure that the liner is protected from excessive hydrostatic force or
mechanical damage. External discharge or suction lines shall not penetrate the
liner.
(7) The operator shall place
a leak detection system between the upper and lower geomembrane liners that
consists of two feet of compacted soil with a saturated hydraulic conductivity
of 1 x 10-5 cm/sec or greater to facilitate drainage. The leak detection system
shall consist of a properly designed drainage and collection and removal system
placed above the lower geomembrane liner in depressions and sloped to
facilitate the earliest possible leak detection. Piping used shall be designed
to withstand chemical attack from oil field waste or leachate; structural
loading from stresses and disturbances from overlying oil field waste, cover
materials, equipment operation or expansion or contraction; and to facilitate
clean-out maintenance. The material the operator places between the pipes and
laterals shall be sufficiently permeable to allow the transport of fluids to
the drainage pipe. The slope of the interior sub-grade and of drainage lines
and laterals shall be at least a two percent grade, i.e., two feet vertical
drop per 100 horizontal feet. The piping collection system shall be comprised
of solid and perforated pipe having a minimum diameter of four inches and a
minimum wall thickness of schedule 80. The operator shall seal a solid sidewall
riser pipe to convey collected fluids to a collection, observation and disposal
system located outside the permanent pit's perimeter. The operator may install
alternative methods that the division's Santa Fe office approves.
(8) The operator shall notify the division's
Santa Fe office at least 72 hours prior to the primary liner's installation so
that a representative of the environmental bureau in the division's Santa Fe
office may inspect the leak detection system before it is covered.
(9) The operator shall construct a permanent
pit in a manner that prevents overtopping due to wave action or rainfall and
maintain a three foot freeboard at all times.
(10) The volume of a permanent pit shall not
exceed 10 acre-feet, including freeboard.
(11) The operator shall maintain a permanent
pit to prevent run-on of surface water. A permanent pit shall be surrounded by
a berm, ditch or other diversion to prevent run-on of surface
water.
H. Drying pads
associated with closed-loop systems.
(1) An
operator of a closed-loop system with drying pads shall design and construct
the drying pads to include the following:
(a)
appropriate liners that prevent the contamination of fresh water and protect
public health and the environment;
(b) sumps to facilitate the collection of
liquids derived from drill cuttings; and
(c) berms that prevent run-on of surface
water or fluids.
I. Below-grade tanks. The operator shall
design and construct a below-grade tank in accordance with the following
requirements, as applicable.
(1) The operator
shall ensure that a below-grade tank is constructed of materials resistant to
the below-grade tank's particular contents and resistant to damage from
sunlight.
(2) A below-grade tank
shall have a properly constructed foundation consisting of a level base free of
rocks, debris, sharp edges or irregularities to prevent punctures, cracks or
indentations of the liner or tank bottom.
(3) The operator shall construct a
below-grade tank to prevent overflow and the collection of surface water
run-on.
(4) An operator shall
construct a below-grade tank in accordance with one of the following designs.
(a) An operator may construct and use a
below-grade tank that does not have double walls provided that the below-grade
tank's side walls are open for visual inspection for leaks, the below-grade
tank's bottom is elevated a minimum of six inches above the underlying ground
surface and the below-grade tank is underlain with a geomembrane liner, which
may be covered with gravel, to divert leaked liquid to a location that can be
visually inspected. The operator shall equip below-grade tanks designed in this
manner with a properly operating automatic high-level shut-off control device
and manual controls to prevent overflows. The geomembrane liner shall consist
of 30-mil flexible PVC or 60-mil HDPE liner, or an equivalent liner material
that the appropriate division district office approves. The geomembrane liner
shall have a hydraulic conductivity no greater than 1 x 10-9 cm/sec. The
geomembrane liner shall be composed of an impervious, synthetic material that
is resistant to ultraviolet light, petroleum hydrocarbons, salts and acidic and
alkaline solutions. Liner compatibility shall comply with EPA SW-846 Method
9090A, or subsequent relevant EPA publication.
(b) All below-grade tanks, in which the side
walls are not open for visible inspection for leaks shall be double walled with
leak detection capability.
(c) An
operator may construct a below-grade tank according to an alternative system
that the appropriate division district office approves based upon the
operator's demonstration that the alternative provides equivalent or better
protection.
(5) The
operator of a single walled below-grade tank constructed and installed prior to
June 16, 2008 that has the side walls open for visual inspection and that does
not meet all the requirements in Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC is not required to equip or retrofit the below-grade tank to
comply with Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC so
long as it demonstrates integrity. If the existing below-grade tank does not
demonstrate integrity, the operator shall promptly drain the below-grade tank
and remove it from service and comply with the closure requirements of
19.15.17.13 NMAC.
(6) The operator
of a single walled below-grade tank constructed and installed prior to June 16,
2008 and where any portion of the tank sidewall is below the ground surface and
not visible shall equip or retrofit the below-grade tank to comply with
Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC, or close it, by
June 16, 2013. If the existing below-grade tank does not demonstrate integrity,
the operator shall promptly drain the below-grade tank, remove it from service
and comply with the closure requirements of 19.15.17.13 NMAC.
(7) The operator of a double walled
below-grade tank constructed and installed prior to June 16, 2008 and which
does not meet all the requirements in Paragraphs (1) through (4) of Subsection
I of 19.15.17.11 NMAC is not required to equip or retrofit the below-grade tank
to comply with Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC
so long as it demonstrates integrity. If the existing below-grade tank does not
demonstrate integrity, the operator shall promptly drain the below-grade tank,
remove it from service and comply with the closure requirements of 19.15.17.13
NMAC.
J. Multi-well fluid
management pits. The operator shall design and construct a multi-well fluid
management pit in accordance with the following requirements.
(1) The operator shall design and construct
the pit to ensure the confinement of liquids to prevent releases and to prevent
overtopping due to wave action or rainfall.
(2) The pit shall have a properly constructed
foundation and interior slopes consisting of a firm, unyielding base, smooth
and free of rocks, debris, sharp edges or irregularities to prevent the liner's
rupture or tear. Geotextile is required under the liner where needed to reduce
localized stress-strain or protuberances that may otherwise compromise the
liner's integrity. The operator shall construct a multi-well fluid management
pit so that the slopes are no steeper than two horizontal feet to one vertical
foot (2H:1V). The levee shall have an outside grade no steeper than three
horizontal feet to one vertical foot (3H:1V). The levee's top shall be wide
enough to install an anchor trench and provide adequate room for inspection and
maintenance. The appropriate division district office may approve an
alternative to the slope requirement if the operator demonstrates that it can
construct and operate the pit in a manner that provides equivalent or better
protection to fresh water, public health and the environment.
(3) Each multi-well fluid management pit
shall contain, at a minimum, a primary (upper) liner and a secondary (lower)
liner with a leak detection system appropriate to the site's conditions. The
edges of all liners shall be anchored in the bottom of a compacted earth-filled
trench. The anchor trench shall be at least 18 inches deep.
(4) The primary (upper) liner and secondary
(lower) liner shall be geomembrane liners. The geomembrane liner shall consist
of 30-mil flexible PVC or 60-mil HDPE liner, or an equivalent liner material
that the division's district office approves. The geomembrane liner shall have
a hydraulic conductivity no greater than 1 x 10-9 cm/sec. The geomembrane liner
shall be composed of an impervious, synthetic material that is resistant to
ultraviolet light, petroleum hydrocarbons, salts and acidic and alkaline
solutions. Liner compatibility shall comply with EPA SW-846 Method 9090A or
subsequent relevant publication.
(5) The appropriate division's district
office may approve other liner media if the operator demonstrates to the
satisfaction of the appropriate division's district office that the alternative
liner protects fresh water, public health, and the environment as effectively
as the specified media.
(6) The
operator shall minimize liner seams and orient them up and down, not across, a
slope. The operator shall use factory welded seams where possible. The operator
shall ensure field seams in geosynthetic material are thermally seamed. Prior
to field seaming, the operator shall overlap liners four to six inches. The
operator shall minimize the number of field seams in corners and irregularly
shaped areas. There shall be no horizontal seams within five feet of the
slope's toe. Qualified personnel shall perform field welding and
testing.
(7) At a point of
discharge into or suction from the lined multi-well fluid management pit, the
operator shall ensure that the liner is protected from excessive hydrostatic
force or mechanical damage. External discharge or suction lines shall not
penetrate the liner.
(8) The
operator shall place a leak detection system between the upper and lower
geomembrane liners that consists of two feet of compacted soil with a saturated
hydraulic conductivity of 1 x 10-5 cm/sec or greater to facilitate drainage.
The leak detection system shall consist of a properly designed drainage and
collection and removal system placed above the lower geomembrane liner in
depressions and sloped to facilitate the earliest possible leak detection. The
operator may install alternative methods that the appropriate division's
district office approves.
(9) The
operator shall maintain a multi-well fluid management pit to prevent run-on of
surface water. A multi-well fluid management pit shall be surrounded by a berm,
ditch or other diversion to prevent run-on of surface water.
K. Burial trenches for closure.
The operator shall design and construct a burial trench in accordance with the
following requirements.
(1) A trench shall
have a properly constructed foundation and side walls consisting of a firm,
unyielding base, smooth and free of rocks, debris, sharp edges or
irregularities to prevent the liner's rupture or tear.
(2) Geotextile is required under the liner
where needed to reduce localized stress-strain or protuberances that may
otherwise compromise the liner's integrity.
(3) A trench shall be constructed with a
geomembrane liner. The geomembrane shall consist of a 20-mil string reinforced
LLDPE liner or equivalent liner that the appropriate division district office
approves. The geomembrane liner shall be composed of an impervious, synthetic
material that is resistant to petroleum hydrocarbons, salts and acidic and
alkaline solutions. Liner compatibility shall comply with EPA SW-846 Method
9090A.
(4) The operator shall
minimize liner seams and orient them up and down, not across, a slope. The
operator shall use factory welded seams where possible. Prior to field seaming,
the operator shall overlap liners four to six inches and orient liner seams
parallel to the line of maximum slope, i.e., oriented along, not across, the
slope. The operator shall minimize the number of field seams in corners and
irregularly shaped areas. Qualified personnel shall perform field welding and
testing.
(5) The operator shall
install sufficient liner material to reduce stress-strain on the
liner.
(6) The operator shall
ensure that the outer edges of all liners are secured for the deposit of the
excavated waste material into the trench.