Current through Register Vol. 39, No. 6, September 16, 2024
(a) All
pits, series of pits, tanks, and tank batteries shall be constructed and
maintained to contain all Exploration and Production (E & P) wastes from
the drilling, completing, recompleting, producing, servicing, and plugging of
an oil or gas well and shall be constructed, operated and maintained to protect
public health, safety, and the environment.
(b) The pit, series of pits, tanks, and tank
batteries shall be installed and maintained in accordance with the following
requirements:
(1) the location of pit(s) and
tanks(s) shall be in accordance with the minimum setbacks as required in Rules
.1601 and .1602 of this Subchapter, or in an approved variance pursuant to Rule
.1603 of this Subchapter;
(2) pits
shall be located in cut material to the fullest extent possible. Pits shall be
constructed adjacent to the high wall for sloping well sites. If the pit cannot
be constructed in cut material, at least 50 percent of the pit shall be
constructed below original ground level to prevent failure of the pit dike. Pit
dikes constructed of fill material shall be compacted according to soil texture
and moisture content pursuant to
15A NCAC
02K .0208, which is incorporated by
reference, including subsequent amendments and editions;
(3) all pits and open tanks shall maintain a
minimum of three feet of freeboard at all times and be sized so as to contain
the projected volume of E&P waste along with the volume of precipitation
that would fall within a 25-year 24-hour storm event;
(4) if Subparagraph (b)(3) of this Rule is
violated, the permittee shall notify the Department within two hours of
discovery and take the necessary actions to ensure the structural stability of
the pit or open tank, prevent spills, and restore the three feet of freeboard;
and
(5) tank design, installation,
and use shall comply with API Specifications 12B "Specification for Bolted
Tanks for Storage of Production Liquids," Specification 12D "Specification for
Field Welded Tanks for Storage of Production Liquids," Specification 12F
"Specification for Shop Welded Tanks for Storage of Production Liquids," or
Specification 12P "Specification for Fiberglass Reinforced Plastic Tanks,"
which are incorporated by reference, including subsequent amendments and
editions. These documents, published by API, may be viewed online for no charge
at
http://publications.api.org/.
(c) Any pit that contains E &
P waste shall comply with the following standards:
(1) pits shall have a primary and secondary
synthetic liner;
(2) each synthetic
liner shall have a coefficient of permeability no greater than 1 x
10-10 centimeters per second and shall be at least
30 millimeters in thickness for polyvinyl chloride or at least 40 millimeters
in thickness for high-density polyethylene;
(3) each synthetic liner shall be designed,
constructed and maintained so that the physical and chemical characteristics of
the liner are not adversely affected by the E & P waste or by ultraviolet
light pursuant to ASTM D5747/D5747M-08 (2013) e1 "Standard Practice for Tests
to Evaluate the Chemical Resistance of Geomembranes to Liquids";
(4) the synthetic liner shall be resistant to
failures or damage during transportation, handling, installation, and
use;
(5) adjoining sections of
synthetic liners shall be sealed together to prevent leakage and tested in
accordance with the manufacturer's directions. Testing results shall be
maintained by the permittee and provided to the Department upon request in
accordance with Rule .0202 of this Subchapter;
(6) the synthetic liner shall be trenched and
anchored into the top of the berm;
(7) the pit shall be constructed with a
leak-detection zone between the upper and lower synthetic liners designed to:
(A) reduce the maximum predicted head acting
on the lower membrane liner to less than one inch and to detect a leak within
24 hours;
(B) function without
damaging the liners; and
(C) allow
permittee to monitor, record, remove, or repair any leakage within the
zone;
(8) the liner
sub-base shall be smooth, uniform, and free from debris, rock, and other
materials that may puncture, tear, cut, or otherwise cause the liner to fail.
The liner sub-base and subgrade shall be capable of bearing the weight of the
material above the liner without causing settling that may affect the integrity
of the liner;
(9) the pit shall
have a perimeter berm that is a minimum of two feet in width along the crest of
the berm, to prevent stormwater runoff from entering the pit;
(10) the bottom of the pit shall be at least
four feet above the seasonal high groundwater table and bedrock;
(11) fencing in accordance with Rule .2006(a)
of this Subchapter; and
(12)
netting, screening, or otherwise render nonhazardous to wildlife in accordance
with Rule .2006(b) of this Subchapter.
(d) Monitoring and alarm technology shall be
used to continuously verify the integrity of the primary pit liner. If the
primary liner failure is discovered at any time, the pit shall be emptied and
the liner repaired prior to placing the pit back in service.
(e) The leak detection systems shall be
monitored on a monthly basis to determine if the primary liner has failed. The
primary liner has failed if the volume of water passing through the primary
liner exceeds the action leakage rate, as calculated using accepted procedures,
or 1,000 gallons per acre per day, whichever is larger.
(f) If a liner becomes torn or otherwise
loses integrity, the pit shall be managed to prevent the pit contents from
leaking out of the pit, the pit contents shall be removed, and the liner
repaired prior to placing the pit back in service. Pit contents shall be
disposed of in accordance with the Waste Management Plan in accordance with
Rule .2002 of this Subchapter.
(g)
If the liner drops below the three feet of freeboard, the pit shall be managed
to prevent the pit contents from leaking from the pit and the three feet of
lined freeboard shall be restored.
(h) The permittee shall provide and maintain
secondary containment for all tanks and production equipment of sufficient
capacity to contain 110 percent of the volume of either the largest tank within
the containment system or the total volume of all interconnected tanks,
whichever is greater. Secondary containment structures shall be constructed of
a material compatible with the fluids being stored and maintained to prevent
loss of fluids.
(i) Tanks for the
storage of produced hydrocarbons shall not be buried and shall contain the
following components:
(1) activated charcoal
filters installed on vent stacks. Activated charcoal filters shall be
maintained and replaced according to manufacturer's specifications;
(2) low-pressure relief valves installed on
vent stacks. Relief valves shall remain functioning at all times;
(3) hatch lids shall have a functioning seal
and shall be secured at all times unless the permittee is on-site;
(4) lightning arrestors installed on each
tank to comply with API Recommended Practice 2003, "Protection Against
Ignitions Arising out of Static, Lightning, and Stray Currents," which is
incorporated by reference, including subsequent amendments and editions. This
document, published by API, may be viewed online for no charge at
http://publications.api.org/;
(5) tanks shall be elevated such that leaks
on their sides or bottoms are readily discernible; and
(6) tanks shall be installed above a surface
impermeable to materials that the tank will contain.
(j) The Commission may grant or deny a
variance from any construction standard of this Rule. The applicant or
permittee shall submit a request for a variance in accordance with Rule .0301
of this Subchapter. In granting or denying the request the Commission shall
determine that the applicant or permittee has met the following two factors:
(1) the requested variance to deviate from
the standards and rule will provide equal or greater protection of public
health, welfare, and the environment; and
(2) construction in accordance with the
standards of this Rule is not technically or economically feasible.
Authority
113-391(a)(5)c; 113-391(a)(5)d;
Eff. March 17,
2015.
