Current through Register Vol. 35, No. 18, September 24, 2024
A. An operator shall use the appropriate form
C-144 to apply to the division for a permit to construct or use a pit or
proposed alternative method, or to register a below-grade tank. The operator
shall submit the form C-144 either separately or as an attachment to a permit
application for a facility with which the pit, below-grade tank or proposed
alternative method will be associated. An operator shall use a C-101, C-103 or
applicable bureau of land management form to notify the appropriate division
district office of construction or use of a closed-loop system.
B. The permit application shall include a
detailed plan as follows.
(1) Permanent pits.
A registered professional engineer shall certify engineering, design and
construction specifications as contained in the plan for permanent pits. The
plan shall include:
(a) a quality
control/quality assurance construction and installation plan;
(b) operating and maintenance
procedures;
(c) a closure
plan;
(d) a hydrogeologic report
that provides sufficient information and detail on the site's topography,
soils, geology, surface hydrology and ground water hydrology to enable the
division's Santa Fe office to evaluate the actual and potential effects on
soils, surface water and ground water;
(e) detailed information on dike protection
and structural integrity; and leak detection, including an adequate fluid
collection and removal system;
(f)
liner specifications and compatibility;
(g) freeboard and overtopping
prevention;
(h) prevention of
nuisance or hazardous odors, including H2S;
(i) an emergency response plan, unless the
permanent pit is part of a facility that has an integrated contingency
plan;
(j) type of oil field waste
stream;
(k) climatological factors,
including freeze-thaw cycles;
(l) a
monitoring and inspection plan;
(m)
erosion control; and
(n) other
pertinent information the environmental bureau in the division's Santa Fe
office requests.
(2)
Temporary pits. The plan for design and construction of a temporary pit shall
follow applicable liner manufacturers' requirements. The permit application
also shall include operating and maintenance procedures, a closure plan and
hydrogeologic data that provides sufficient information and detail on the
site's topography, soils, geology, surface hydrology and ground water hydrology
to enable the appropriate division district office to evaluate compliance with
the siting criteria of 19.15.17.10 NMAC. In the absence of site-specific ground
water data, the operator can provide a reasonable determination of probable
ground water depth using data generated by models, cathodic well lithology,
published information or other tools as approved by the appropriate division
district office. The plan for a temporary pit may incorporate by reference a
standard design for multiple temporary pits that the operator files with the
application or has previously filed with the appropriate division district
office. The operator may utilize, with approval by the appropriate division
district office, standardized plans for pit construction, pit closure, and
other plans which will remain approved until a subsequent plan is either
required by the appropriate division district office or is submitted by the
operator and approved by the appropriate division district office. A copy of
the approved standardized plan shall be included in the division's electronic
well file for each associated well.
(3) Below-grade tanks. The registration of a
below-grade tank shall include operating and maintenance procedures, a closure
plan and a hydrogeologic report that demonstrates compliance with the siting
criteria of 19.15.17.10 NMAC. In the absence of site-specific ground water
data, the operator can provide a reasonable determination of probable ground
water depth using data generated by models, cathodic well lithology, published
information or other tools as approved by the appropriate division district
office. The registration of a below-grade tank may incorporate by reference a
standard design for multiple below-grade tanks that the operator files with the
application or has previously filed with the appropriate division district
office. The operator may utilize, with approval by the appropriate division
district office, standardized plans for below-grade tank construction, and
other plans which will remain approved until a subsequent plan is either
required by the appropriate division district office or is submitted by the
operator and approved by the appropriate division district office. A copy of
the approved standardized plan shall be included in the division's electronic
well file for each associated well.
(4) Multi-well fluid management pits. The
design and construction plan for a multi-well fluid management pit shall follow
applicable liner manufacturers' requirements. The permit application also shall
include operating and maintenance procedures, a list of wells with approved
application for permit to drill associated with the pit, a closure plan and
hydrogeologic data that provides sufficient information and detail on the
site's topography, soils, geology, surface hydrology and ground water hydrology
to enable the appropriate division district office to evaluate compliance with
the siting criteria of 19.15.17.10 NMAC. In the absence of site-specific ground
water data, the operator can provide a reasonable determination of probable
ground water depth using data generated by models, cathodic well lithology,
published information or other tools as approved by the appropriate division
district office. The plan for a multi-well fluid management pit may incorporate
by reference a standard design for multiple fluid management pits that the
operator files with the application or has previously filed with the
appropriate division district office. The operator may utilize, with approval
by the appropriate division district office, standardized plans for pit
construction, pit closure, and other plans which will remain approved until a
subsequent plan is either required by the appropriate division district office
or is submitted by the operator and approved by the appropriate division
district office.
C.
Filing of permit application.
(1) Permanent
pits: An operator shall file an application on form C-144, including required
attachments, with the division's Santa Fe office to request approval to use or
construct a permanent pit and shall provide a copy to the appropriate division
district office.
(2) Temporary
pits, and multi-well fluid management pits. An operator shall file an
application on form C-144, including required attachments, with the appropriate
division district office. If the operator plans to use a temporary pit, or
multi-well fluid management pit, the operator shall provide the proposed pit
location on form C-102.