Current through Register Vol. 35, No. 18, September 24, 2024
Small landfarms as defined in Paragraph (5) of Subsection A
of
19.15.36.7
NMAC are exempt from 19.15.36 NMAC except for the requirements specified in
19.15.36.16 NMAC.
A. General
requirements.
(1) Registration. Prior to
establishment of a new small landfarm, the operator shall file a form C-137 EZ,
small landfarm registration, with the environmental bureau in the division's
Santa Fe office. If the operator is not the surface estate owner at the
proposed site, the operator shall furnish with its form C-137 EZ its
certification it has a written agreement with the surface estate owner
authorizing the site's use for the proposed small landfarm. The division shall
issue the operator a registration number no more than 30 days from receipt of
the properly completed form.
(2)
Limitation. The operator shall operate only one active small landfarm per
governmental section at any time. No small landfarm shall be located more than
one mile from the operator's nearest oil or gas well or other production
facility.
B. General
operating procedures. The operator shall:
(1)
comply with the siting requirements of Subsections A and B of 19.15.36.13
NMAC;
(2) accept only exempt or
non-hazardous wastes consisting of soils (excluding drill cuttings) generated
as a result of accidental releases from production operations, that are
predominantly contaminated by petroleum hydrocarbons, do not contain free
liquids, would pass the paint filter test and where testing shows chloride
concentrations are 500 mg/kg or below;
(3) berm the landfarm to prevent rainwater
run-on and run-off; and
(4) post a
sign at the site readable from a distance of 50 feet and listing the operator's
name; small landfarm registration number; location by unit letter, section,
township and range; expiration date; and an emergency contact telephone
number.
C. Oil field
waste management standards. The operator shall spread and disk contaminated
soils in a single eight inch or less lift within 72 hours of receipt. The
operator shall conduct treatment zone monitoring to ensure that the TPH
concentration, as determined by EPA SW-846 method 8015M or EPA method 418.1 or
other EPA method approved by the division, does not exceed 2500 mg/kg and that
the chloride concentration, as determined by EPA method 300.1, does not exceed
500 mg/kg. The operator shall treat soils by disking at least once a month and
by watering and adding bioremediation enhancing materials when
needed.
D. Record-keeping
requirements. The operator shall maintain records reflecting the generator, the
location of origin, the volume and type of oil field waste, the date of
acceptance and the hauling company for each load of oil field waste received.
The division shall post on its website each small landfarm's location, operator
and registration date. In addition, the operator shall maintain records of the
small landfarm's remediation activities in a form readily accessible for
division inspection. The operator shall maintain all records for five years
following the small landfarm's closure.
E. Small landfarm closure.
(1) Closure performance standards and
disposition of soils. If the operator achieves the closure performance
standards specified below, then the operator may return the soil to the
original generation site, leave the treated soil in place at the small landfarm
or, with prior division approval, dispose or reuse the treated soil in an
alternative manner. If the operator cannot achieve the closure performance
standards within three years from the registration date, then the operator
shall remove contaminated soil from the landfarm and properly dispose of it at
a permitted landfill, unless the division authorizes a specific alternative
disposition. The following standards shall apply:
(a) benzene, as determined by EPA SW-846
method 8021 B or 8260B, shall not exceed 0.2 mg/kg;
(b) Total BTEX, as determined by EPA SW-846
method 8021 B or 8260B, shall not exceed 50 mg/kg;
(c) TPH, as determined by EPA SW-846 method
418.1 or other EPA method approved by the division, shall not exceed 2500
mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846 method
8015M, shall not exceed 500 mg/kg; and
(d) chlorides, as determined by EPA method
300.1, shall not exceed 500 mg/kg.
(2) Closure requirements. The operator shall:
(a) re-vegetate soils remediated to the
closure performance standards if left in place in accordance with Paragraph (6)
of Subsection A of 19.15.36.18 NMAC;
(b) remove landfarmed soils that have not or
cannot be remediated to the closure performance standards within three years to
a division-approved surface waste management facility, and re-vegetate the cell
filled in with native soil to the standards in Paragraph (6) of Subsection A of
19.15.36.18 NMAC;
(c) if the
operator returns remediated soils to the original site, or with division
permission, recycles them, re-vegetate the cell filled in with native soil to
the standards in Paragraph (6) of Subsection A of 19.15.36.18 NMAC;
(d) remove berms on the small landfarm and
buildings, fences, roads and equipment; and
(e) clean up the site and collect one vadose
zone soil sample from three to five feet below the middle of the treatment
zone, or in an area where liquids may have collected due to rainfall events;
the vadose zone soil sample shall be collected and analyzed using the methods
specified above for TPH, BTEX and chlorides.
F. Final report. The operator shall submit a
final closure report on a form C-137 EZ, together with photographs of the
closed site, to the environmental bureau in the division's Santa Fe office. The
division, after notice to the operator and an opportunity for a hearing if
requested, may require additional information, investigation or clean up
activities.
