Rule 53

1
Rule 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

4
Quick 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

5
Oil 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.
6
Exempt 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

21
New 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

23
Small 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

24
Small 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.

27
Questions?
28
Study 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

30
Proposed 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.
31
OCD 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
32
(No Transcript)
33
Chloride 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

36
Ecological Receptors Soil Invertebrates Plants Aqu
atic Species- NA
37
(No Transcript)
38
(No Transcript)
39
(No Transcript)
40
(No Transcript)
41
(No Transcript)
42
(No Transcript)
43
Blue grama grasses
44
(No Transcript)
45
Questions?