New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 17 - PITS, CLOSED-LOOP SYSTEMS, BELOW-GRADE TANKS AND SUMPS
Section 19.15.17.13 - CLOSURE AND SITE RECLAMATION REQUIREMENTS
Universal Citation: 19 NM Admin Code 19.15.17.13
Current through Register Vol. 35, No. 6, March 26, 2024
A. Closure plans. A closure plan that an operator submits in an application or registration pursuant to Subsection B of 19.15.17.9 NMAC, or any other closure plan required pursuant to 19.15.17 NMAC, shall describe the proposed closure method and the proposed procedures and protocols to implement and complete the closure.
B. Closure plans for a multi-well fluid management pit shall be filed with the appropriate division district office and shall describe the proposed procedures and protocols for the removal of all unused stimulation liquids and the disposition of liner materials and other pit contents.
C. Closure where wastes are destined for disposal at division approved off-site facilities. This subsection applies to permanent pits, temporary pits, multi-well fluid management pits, drying pads and tanks associated with closed-loop systems and below-grade tanks.
(1) Notwithstanding the
following, the operator of any pit or below-grade tank shall not commence
closure without first obtaining approval of the closure plan submitted with the
permit application or registration pursuant to 19.15.17.9 NMAC.
(2) The operator shall close the pit, drying
pad or below-grade tank by first removing all contents and, if applicable,
synthetic liners and transferring those materials to a division approved
facility.
(3) The operator shall
test the soils beneath the pit, drying pad for closed-loop system or
below-grade tank as follows.
(a) At a
minimum, a five point composite sample to include any obvious stained or wet
soils, or other evidence of contamination shall be taken under the liner or the
below-grade tank and that sample shall be analyzed for the constituents listed
in Table I of 19.15.17.13 NMAC.
(b)
If any contaminant concentration is higher than the parameters listed in Table
I of 19.15.17.13 NMAC, the division may require additional delineation upon
review of the results and the operator must receive approval before proceeding
with closure.
(c) If all
contaminant concentrations are less than or equal to the parameters listed in
Table I of 19.15.17.13 NMAC, then the operator can proceed to backfill the pit,
pad, or excavation with non-waste containing, uncontaminated, earthen
material.
D. Closure where wastes are destined for burial in place or into nearby division approved pits or trenches. This subsection applies to waste from temporary pits and closed-loop systems, when such waste may be disposed of in place in the existing temporary pit or disposed of at a nearby temporary pit or burial trench that is not a permitted commercial facility regulated under 19.15.36 NMAC. A nearby temporary pit or burial trench that receives waste from another temporary pit must be onsite within the same lease.
(1) The operator shall not commence closure
without first obtaining approval of the closure plan submitted with the permit
application.
(2) The operator shall
demonstrate and comply with the siting criteria set forth in Subsection C of
19.15.17.10 NMAC.
(3) Prior to
closure the operator shall remove all free liquids reasonably achievable from
the pit or drying pad and tank associated with a closed-loop system and dispose
of such liquids at a division approved facility.
(4) When closing a temporary pit the operator
shall stabilize or solidify the remaining temporary pit contents to a capacity
sufficient to support the final cover of the temporary pit. When transferring
the waste contents from a drying pad and tank associated with a closed-loop
system into a temporary pit or burial trench, the operator shall stabilize or
solidify the waste contents to a capacity sufficient to support the final cover
of the temporary pit or burial trench. The operator shall not mix the contents
with soil or other material at a mixing ratio of greater than 3:1, soil or
other material to contents. The waste mixture must pass the paint filter
liquids test (EPA SW-846, Method 9095 or other test methods approved by the
division).
(5) The operator shall
collect, at a minimum, a five point composite of the contents of the temporary
pit or drying pad/tank associated with a closed-loop system to demonstrate
that, after the waste is solidified or stabilized with soil or other non-waste
material at a ratio of no more than 3:1 soil or other non-waste material to
waste, the concentration of any contaminant in the stabilized waste is not
higher than the parameters listed in Table II of 19.15.17.13 NMAC.
(6) If, after appropriate stabilization, the
concentrations of all contaminants in the contents from a temporary pit or
drying pad and tank associated with a closed-loop system are less than or equal
to the parameters of listed in Table II of 19.15.17.13 NMAC, the operator may
either proceed to dispose of wastes in an existing temporary pit or construct a
burial trench for disposal of these wastes.
(7) If the concentration of any contaminant
in the contents, after mixing with soil or non-waste material to a maximum
ratio of 3:1, from a temporary pit or drying pad/tank associated with a
closed-loop system is higher than constituent concentrations shown in Table II
of 19.15.17.13 NMAC, then closure must proceed in accordance with Subsection C
of 19.15.17.13 NMAC.
(8) Upon
achieving all applicable waste stabilization in the temporary pit or transfer
of stabilized wastes to the temporary pit or burial trench, the operator shall:
(a) fold the outer edges of the trench liner
to overlap the waste material in the trench prior to the installation of the
geomembrane cover;
(b) install a
geomembrane cover over the waste material in the lined trench or temporary pit;
the operator shall install the geomembrane cover in a manner that prevents the
collection of infiltration water in the lined trench or temporary pit and on
the geomembrane cover after the soil cover is in place; the geomembrane cover
shall consist of a 20-mil string reinforced LLDPE liner or equivalent cover
that the appropriate division district office approves; the geomembrane cover
shall be composed of an impervious, synthetic material that is resistant to
petroleum hydrocarbons, salts and acidic and alkaline solutions; cover
compatibility shall comply with EPA SW-846 Method 9090A;
(c) cover the pit/trench with non-waste
containing, uncontaminated, earthen materials and construct a soil cover
prescribed by the division in Paragraph (3) of Subsection H of 19.15.17.13
NMAC.
(9) If the
operator has removed the wastes and the liner to a burial trench pursuant to
this subsection, the operator shall test the soils beneath the temporary pit as
follows.
(a) At a minimum, a five point
composite sample to include any obvious stained or wet soils, or other evidence
of contamination shall be taken under the liner or the below-grade tank and
that sample shall be analyzed for the constituents listed in Table I of
19.15.17.13 NMAC.
(b) If any
contaminant concentration is higher than the parameters listed in Table I of
19.15.17.13 NMAC, the division may require additional delineation upon review
of the results and the operator must receive approval before proceeding with
closure.
(c) If all contaminant
concentration are less than or equal to the parameters listed in Table I of
19.15.17.13 NMAC, then the operator can proceed to backfill the pit, pad, or
excavation with non-waste containing, uncontaminated, earthen
material.
E. Closure notice.
(1) The operator shall notify
the surface owner by certified mail, return receipt requested that the operator
plans closure operations at least 72 hours, but not more than one week, prior
to any closure operation. Notice shall include well name, API number and
location. Evidence of mailing of the notice to the address of the surface owner
shown in the county tax records is sufficient to demonstrate compliance with
this requirement.
(2) The operator
of a temporary pit, multi-well fluid management pit, below-grade tank or an
operator who is approved for onsite closure shall notify the appropriate
division district office verbally and in writing at least 72 hours, but not
more than one week, prior to any closure operation. The notice shall include
the operator's name and the location to be closed by unit letter, section,
township and range. If the closure is associated with a particular well, then
the notice shall also include the well's name, number and API number.
(3) An operator of a permanent pit shall
notify the Santa Fe office at least 60 days prior to cessation of operations
and provide a proposed schedule for closure. If there is no closure plan on
file with the Santa Fe office applicable to the permanent pit, the operator
shall provide a closure plan with this notice. Upon receipt of the notice and
proposed schedule, the Santa Fe office shall review the current closure plan
for adequacy and inspect the site.
(4) When onsite burial occurs on private
land, the operator shall file a deed notice identifying the exact location of
the onsite burial with the county clerk in the county where the onsite burial
occurs.
F. Closure report and burial identification.
(1) Within
60 days of closure completion, the operator shall submit a closure report on
form C-144, with necessary attachments to document all closure activities
including sampling results; information required by 19.15.17 NMAC; and details
on back-filling, capping and covering, where applicable. In the closure report,
the operator shall certify that all information in the report and attachments
is correct and that the operator has complied with all applicable closure
requirements and conditions specified in the approved closure plan. If the
operator used a temporary pit, the operator shall provide a plat of the pit
location on form C-l 05 within 60 days of closing the temporary pit.
(2) If the operator elects to conduct onsite
burial under Subsection D of 19.15.17.13 NMAC, the operator shall report the
exact location of the onsite burial on form C-105 filed with the
division.
(3) The operator shall
place a steel marker at the center of an onsite burial. The steel marker shall
be not less than four inches in diameter and shall be cemented in a three-foot
deep hole at a minimum. The steel marker shall extend at least four feet above
mean ground level and at least three feet below ground level. The operator
name, lease name and well number and location, including unit letter, section,
township and range, and that the marker designates an onsite burial location
shall be welded, stamped or otherwise permanently engraved into the metal of
the steel marker. A person shall not build permanent structures over an onsite
burial without the appropriate division district office's written approval. A
person shall not remove an onsite burial marker without the division's written
permission.
G. Timing requirements for closure. An operator shall close a pit, drying pad associated with a closed-loop system or below-grade tank within the following time periods.
(1) An operator shall close a
permitted permanent pit within 60 days of cessation of operation of the pit in
accordance with a closure plan approved by the appropriate office.
(2) An operator shall close a permitted
temporary pit within six months from the date that the operator releases the
drilling or workover rig. The operator shall note the date of the drilling or
workover rig's release on form C-105 or C-103, filed with the division, upon
the well's or work-over's completion. The appropriate division district office
may grant an extension not to exceed three months.
(3) An operator shall close a drying pad used
for a closed-loop system within six months from the date that the operator
releases the drilling or workover rig. The operator shall note the date of the
drilling or workover rig's release on form C-105 or C-103, filed with the
division, upon the well's or work-over's completion. The appropriate division
district office may grant an extension not to exceed six months.
(4) Closure methods for below-grade tanks.
(a) Within 60 days of cessation of
operations, the operator shall remove liquids and sludge from a below-grade
tank prior to implementing a closure method and shall dispose of the liquids
and sludge in a division-approved facility.
(b) Within six months of cessation of
operations, the operator shall remove the below-grade tank and dispose of it in
a division-approved facility or recycle, reuse, or reclaim it in a manner that
the appropriate division district office approves. If there is any equipment
associated with a below-grade tank, then the operator shall remove the
equipment, unless the equipment is required for some other purpose.
(5) An operator shall close a
multi-well fluid management pit within six months from the date that the
operator ceases all stimulation operations on all wells identified in the
permit. The operator shall note the date of the cessation of drilling and
stimulation operations on form C-105 or C-103 filed with the division. The
appropriate division district office may grant an extension for closure not to
exceed six months.
H. Reclamation of pit locations, onsite burial locations and drying pad locations.
(1) Site contouring.
(a) Once the operator has closed a pit or
trench or is no longer using a drying pad, below-grade tank or an area
associated with a closed-loop system, pit, trench or below-grade tank, the
operator shall reclaim the pit location, drying pad location, below-grade tank
location or trench location and all areas associated with the closed-loop
system, pit, trench or below-grade tank including associated access roads to a
safe and stable condition that blends with the surrounding undisturbed area.
The operator shall substantially restore the impacted surface area to the
condition that existed prior to oil and gas operations by placement of the soil
cover as provided in Paragraph (2) of Subsection H of 19.15.17.13 NMAC,
recontour the location and associated areas to a contour that approximates the
original contour and blends with the surrounding topography and re-vegetate
according to Paragraph (5) in Subsection H of 19.15.17.13 NMAC.
(b) The operator may propose an alternative
to the re-vegetation or recontouring requirement if the operator demonstrates
to the appropriate district office that the proposed alternative provides equal
or better prevention of erosion, and protection of fresh water, public health
and the environment. The proposed alternative shall be agreed upon by the
surface owner. The operator shall submit the proposed alternative, with written
documentation that the surface owner agrees to the alternative, to the division
for approval.
(c) Areas reasonably
needed for production operations or for subsequent drilling operations shall be
compacted, covered, paved, or otherwise stabilized and maintained in such a way
as to minimize dust and erosion to the extent practicable.
(2) Soil cover designs for drying pads
associated with closed-loop systems and below-grade tanks. The soil cover for
closures after site contouring, where the operator has removed the below-grade
tank or drying pad contents and liner, and if necessary remediated the soil
beneath the below-grade tank or drying pad liner to chloride concentrations
less than 600 mg/kg as analyzed by EPA Method 300.0, shall consist of the
background thickness of topsoil or one foot of suitable material, whichever is
greater.
(3) Soil cover designs
for reclamation of pit locations and onsite burial locations. The soil cover
for burial in-place or trench burial shall consist of a minimum of four feet of
non-waste containing, uncontaminated, earthen material with chloride
concentrations less than 600 mg/kg as analyzed by EPA Method 300.0. The soil
cover shall include either the background thickness of topsoil or one foot of
suitable material to establish vegetation at the site, whichever is greater.
(4) The operator shall construct
the soil cover to the site's existing grade and prevent ponding of water and
erosion of the cover material.
(5)
Reclamation and re-vegetation.
(a)
Reclamation of areas no longer in use. All areas disturbed by the closure of
pits and below-grade tanks, except areas reasonably needed for production
operations or for subsequent drilling operations, shall be reclaimed as early
and as nearly as practicable to their original condition or their final land
use and shall be maintained to control dust and minimize erosion to the extent
practicable.
(b) Topsoils and
subsoils shall be replaced to their original relative positions and contoured
so as to achieve erosion control, long-term stability and preservation of
surface water flow patterns. The disturbed area then shall be reseeded in the
first favorable growing season following closure of a pit, drying pad
associated with a closed-loop system or below-grade tank.
(c) Reclamation of all disturbed areas no
longer in use shall be considered complete when all ground surface disturbing
activities at the site have been completed, and a uniform vegetative cover has
been established that reflects a life-form ratio of plus or minus fifty percent
(50%) of pre-disturbance levels and a total percent plant cover of at least
seventy percent (70%) of pre-disturbance levels, excluding noxious
weeds.
(d) Other regulatory
requirements. The re-vegetation and reclamation obligations imposed by other
applicable federal or tribal agencies on lands managed by those agencies shall
supersede these provisions and govern the obligations of any operator subject
to those provisions, provided that the other requirements provide equal or
better protection of fresh water, human health and the environment.
(e) The operator shall notify the division
when reclamation and re-vegetation are complete.
|
Table I Closure Criteria for Soils Beneath Below-Grade Tanks, Drying Pads Associated with Closed-Loop Systems and Pits where Contents are Removed |
|||
|
Depth below bottom of pit to groundwater less than 10,000 mg/l TDS |
Constituent |
Method* |
Limit** |
|
[LESS THAN EQUAL TO]50 feet |
Chloride |
EPA 300.0 |
600 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
100 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
|
51 feet-100 feet |
Chloride |
EPA 300.0 |
10,000 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846 Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
|
100 feet |
Chloride |
EPA 300.0 |
20,000 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846 Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
*Or other test methods approved by the division
**Numerical limits or natural background level, whichever is greater
|
Table II Closure Criteria for Burial Trenches and Waste Left in Place in Temporary Pits |
|||
|
Depth below bottom of pit to groundwater less than 10,000 mg/l TDS |
Constituent |
Method* |
Limit** |
|
25-50 feet |
Chloride |
EPA Method 300.0 |
20,000 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
100 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
|
51-100 feet |
Chloride |
EPA Method 300.0 |
40,000 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846 Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
|
100 feet |
Chloride |
EPA Method 300.0 |
80,000 mg/kg |
|
TPH |
EPA SW-846 Method 418.1 |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846 Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846 Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846 Method 8021B or 8015M |
10 mg/kg |
|
*Or other test methods approved by the division
**Numerical limits or natural background level, whichever is greater
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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