Title: Rule 53
1Rule 53 Surface Waste Management Facilities
Rule 53 Surface Waste Management Facilities
2- Rule 53 revamp WHY?????
- criticism for lack of controls
- opposition to regulation by guidelines
- improper use of landfarms
- landfills and pits are not Best Demonstrated
Available Technology (BDAT)
3- Implement state-of-the art rules for
Environmental Protection - Normalize our regulations with other state and
federal agencies - Maintain Good Best Management Practices
- Consider Environmental Justice and Sound Science
Together
4Quick overview of New Rule 53
- Expanded definitions-
- Oilfield Waste-
- Soils- using standard ASTM definition
- Surface Waste Management Facilities-
- defined the exemptions up front
- exempted drilling and workover pits
- Made it clear that remediations/abatement is
exempt
5Oil Field Waste
Shall mean waste generated in conjunction with
the exploration for, production of, refining of,
processing of, gathering of or transportation of,
crude oil natural gas or carbon dioxide waste
generated during oil field service company
operations and waste generated from any oil
field remediation or abatement activity
regardless of the date of the release. Oil
field waste does not include certain waste not
generally associated with oil and gas industry
operations such as tires, appliances or ordinary
garbage or refuse unless generated at a
division-regulated facility, and does not include
sewage, regardless of source.
6Exempt Waste shall mean oil field waste exempted
from regulation as hazardous waste pursuant to
Subtitle C of the federal Resource Conservations
and Recovery Act (RCRA) and applicable
regulations. Non-Exempt Waste shall mean oil
field waste not exempted from regulation as
hazardous waste pursuant to Subtitle C of RCRA
and applicable regulations, Non-Hazardous Waste
means non-exempt oil field waste that is not
hazardous waste. Hazardous Waste shall mean
non-exempt waste that exceeds the minimum
standards for waste hazardous by characteristics
established in RCRA regulations, 40 CFR
261.21-261.24, or listed hazardous waste as
defined in 40 CFR part 261, subpart D, as
amended. Special Note OCD does not have a
special CESQG exemption.
7- Rule 51-Transportation of Produced Water
- Maintains C-133s for transporting
- Produced water
- Drilling fluids
- Liquid oilfield waste
- Dropped proposal for including C-133s for solid
waste - Would be more appropriate in a waste tracking
rule.
8- Rule 52-Waste Disposition
- Spells out prohibited and authorized
- disposal and re-use of
- produced water
- drilling fluids
- oilfield waste
9- Rule 53-Surface Waste Management Facility
- Subsection A Definitions
- Added several key definitions upfront
- e.g., landfarm, landfill, liners, lift, cell,
major modifications
10- Subsection B Permit Required
- Permit required for Landfarms and Landfills
- Special exemption for small landfarms lt1400 yd3
- Same 711 exemption for small liquid facilities
lt500 bbls - Subsection C Permitting requirements,
application, public notice and financial
assurance - All New Facilities Covered
- Existing facilities that have Major Modifications
Covered - Applications will be made on form C-137
- engineering designs, certified by a registered
professional engineer - Closure plan required
11- Subsection C Permitting requirements,
application, public notice and financial
assurance - Public Notice required for New, Major
Modifications - And Renewals.
- notify landowners within one mile.
- publish in statewide newspaper
- interested parties
- administrative approvals possible
- Approvals by hearing process
- Financial Assurance Required
- Existing Commercial Facilities 250,000 (max)
- New Commercial Facilities Actual Closure
Cost - Major Modifications Actual
Closure Cost
12- Financial Assurance Continued
- Centralized facilities 25,000 or 50,000 Blanket
- Small landfarms Exempt
- Types of Financial Assurance Allowed
- surety bonds
- letters of credit
- cash accounts
- Financial Assurance may be reviewed 5 years
- Forfeiture of financial assurance allowed with
proper notice and hearing.
13- Subsection D Permit approval, denial,
revocation, suspension, modification and transfer - 10 year terms
- Division may revoke, suspend or impose additional
operating conditions or limitations on a permit
at any time, for good cause - Operator shall not transfer a permit without the
divisions prior written approval
14- Subsection E Siting and operational requirements
applicable to all permitted facilities - Siting Restrictions
- Where ground water is less than 50 feet
- within 200 feet of any watercourse, lakebed,
sinkhole or playa lake - within a wellhead protection area or 100-year
floodplain - within, or within 500 feet of, any wetland
- within the area overlying any subsurface mine
- within 500 feet from the nearest permanent
residence, school, hospital, institution or
church in existence at the time of initial
application
15- Operational requirements
- 500 acres maximum size
- No free liquids in Landfarm/Landfills
- No RCRA Hazardous Waste allowed
- C-138s are not signed by division anymore
- Records maintained by operator
- Non-oilfield waste not allowed except in
emergency - Protects migratory birds
- Stormwater controls
- Comprehensive Contingency Plan required
16- Operational requirements continued
- Signs
- Maintenance and Inspection plan
- Spill plan
- Gas Plan
- Training Program
17- Subsection F Landfills
- Fences required
- Fire safety, control odors and litter
- Active cover
- Ground Water Plan required, if applicable
- Prescriptive design for landfills
- Triple liner system when groundwater gt50lt100 feet
- Double liner system when groundwater gt100 feet
- Leachate collection and detection required
18- Subsection F Landfills cont.
- Top cover design may be either prescriptive or
performance based - Liner specifications - 30 mil PVC or 60 mil
HDPE - Installation requirements
- Seam requirements
- Soil base requirements
19- Subsection G Landfarms
- Only soils and drill cuttings predominantly
contaminated by petroleum hydrocarbon - No tank bottoms (exceptions permitted if
justified) - No liquids
- Chlorides lt 1000 mg/kg
- Setback requirements
- Stormwater controls
- Operating requirements
- Treatment and Vadose Zone Monitoring Required
- New relaxed additional lift standards (100 to
2500 mg/kg)
20- Subsection G Landfarms cont.
- No size limit for cells
- New Numerical Closure Standards (Section 3103)
- Benzene 0.2 mg/kg
- BTEX 50 mg/kg
- TPH 1000 mg/kg
- GRO-DRO 500 mg/kg
- TEPH (418.1) 1000 mg/kg
- Metal standards
- Other Section 3103 organics standards
21New Environmentally Acceptable Bioremediation
Endpoint Allowed
- for TPH only- special note typo in rule.
- 80 reduction in TPH required
- detail operation plan required
- bioremediation is not appropriate for all
oilfield waste - statistical demonstration required
22- Subsection H. Ponds
- Engineering design by registered professional
engineer - Double liners with leak detection required
- Liner specifications
- 30 mil PVC or 60 mil HDPE
- Construction standards
- Seam standards
- 10 acre-ft maximum size
- RCRA non-hazardous waste
- Fencing and netting required
- Closure required within 6 months of cessation of
operations
23Small Landfarm Special Requirements
- Centralized landfarm facilities that
- 1400 cubic yards or less, and remain active for a
maximum of 3 years and - provide certain information required in
19.15.2.53.C(1) NMAC and - receive only hydrocarbon contaminated soils that
are exempt from RCRA subtitle C and - operate only one active facility per operator per
lease and - meet the siting requirements of 19.15.2.53.E.(1)
and (2) and
24Small Landfarm Special Requirements Cont.
- provide written notice of the application, by
certified mail, return receipt requested, to the
surface owners of record within one mile of the
facility, the appropriate city officials if the
facility site is within city limits or within one
mile of the city limits and provide proof of
landowner approval and - sign required
- meet the certain requirements for landfarms of
19.15.2.53. G, and, - obtain written division approval.
25- Subsection J. Closure and post closure
- Operator notifies division within 60 days of
closure - Division has 90 days to inspect and approve
closure - Operator may request hearing for closure
- Re-vegetation required
- Part of financial assurance can be held for post
closure - Facility closure may be initiated by the
division - Closure standards for
- Treating plants - remove equipment, can re-use
if cleaned - Landfill - Post closure up to 30 years
- Landfarms Ponds - Post closure time 3 years
26- Subsection K. Exceptions and waivers.
- Subsection L. Transitional provisions
- Grandfathers existing facilities, except for
- operational, waste acceptance and closure
requirements provided in 19.15.2.53 NMAC, except
as otherwise specifically provided in the
applicable permit or order, or in any specific
waiver, exception or agreement that the division
has granted in writing to the particular
facility. - Any major modification of an existing facility,
and any new landfarm cells constructed at an
existing facility, shall conform to the design
and construction specifications provided in
19.15.2.53 NMAC.
27Questions?
28Study to determine allowed "Salt" content in
Permitted Landfarms
29- Salt Risk Assessment Review
- Human Health Impacts- Low Threat
- Groundwater Impacts- Medium Threat
- Ecological Impacts- Highest Threat
30Proposed Rule 53 for surface waste management
facilities (old rule 711) is presently being
re-evaluated to determine the effects of salt
contaminated soils placed in these type of
facilities. Landfarms are facilities designed
to remediate hydrocarbon contaminated soils. All
oilfield waste has some residual salt content, in
particularly drilling cuttings can have extremely
high salt contents I.e. 100,000 ppm which would
basically sterilize the soil and prevent any
bio-activity. In addition, these salts may
present a future threat to the surface and
underlying water.
OCD's environmental staff has been given the task
to determine what salt levels would be protective
of the environment when placed in these type of
facilities. OCD has researched other states such
as Michigan, Kansas, and Texas to compare
regulations and values.
31OCD has researched the issue of salts allowed to
remain in the ground and still be protective of
the environment. OCD approached the problem
utilizing the following criteria 1. Modeling
the chloride ion of salts since they are
generally considered non-adsorbing, highly
soluble, and very mobile. 2. Using EPA's and
ASTM "best thinking to date" soil screening
guidance for the nation for the protection of
groundwater. 3. Utilizing API Vadsat modeling
program to compare with EPA's guidance and use
New Mexico's site specific data. 4. Focusing on
groundwater protection by comparing steady state
infinite source models considered to be very
conservative to an inter-active transient finite
source model. 5. Included information submitted
by the Chloride Working Group "Draft Proposal"
6. Other state programs
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33Chloride Model Study
See spreadsheet
34- Chloride Soil Screening Levels in Other Areas
-
- Michigan 500-2500-5000 ppm
- Texas(oily waste) lt3000 ppm and EC lt 4
mmhos/cm - Kansas 1000 ppm
35- Chloride Test vs EC /SAR Test
- Chloride Extraction vs Saturated Paste
- Extractions are more accurate when different
types of soil are involved. (as much as 101) - Saturated Paste is easy and quick and produces
good results when used with similar soils. - Chloride Extraction field kits produces results
very similar to Laboratory methods. - SARs are generally run in Lab
36Ecological Receptors Soil Invertebrates Plants Aqu
atic Species- NA
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43Blue grama grasses
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45Questions?