La. Admin. Code tit. 43 § XIX-313

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIX-313 - Pit Closure Techniques and Onsite Disposal of E and P Waste

A. Reserve pit fluids, as well as drilling muds, cuttings, etc. from holding tanks, may be disposed of onsite provided the technical criteria of §313 C, D, E, F, or G below are met, as applicable. All E and P waste must be either disposed of on-site, used in downhole well operations in accordance with the requirements of LAC 43:XIX:313.J or transported to an approved commercial facility or transfer station in accordance with the requirements of LAC 43:XIX.Chapter 5 or under the direction of the commissioner.

B. Prior to conducting onsite pit closure activities, an operator must make a determination that the requirements of this Subparagraph are attainable.

C. Unless specifically stated otherwise, all pit closure techniques in this Subparagraph, except solidification, waste/soil mixtures must not exceed the following criteria:

1. range of pH: 6-9 for land treatment and burial and trenching, 6-12 for onsite land development;

2. total metals content (ppm):

Parameter	Limitation
Arsenic	10
Barium
Submerged Wetland Area	20,000
Elevated Wetland Area	20,000
Upland Area	40,000
Cadmium	10
Chromium	500
Lead	500
Mercury	10
Selenium	10
Silver	200
Zinc	500

D. Land Treatment. Pits containing E and P Waste may be closed onsite by mixing wastes with soil from pit levees or walls and adjacent areas provided waste/soil mixtures at completion of closure operations do not exceed the following criteria, as applicable, unless the operator can show that higher limits for EC, SAR, and ESP can be justified for future land use or that background analyses indicate that native soil conditions exceed the criteria.

1. In addition to the pH and metals criteria listed in §313. C above, land treatment of E and P Waste in submerged wetland, elevated wetland, and upland areas is permitted if the oil and grease content of the waste/soil mixture after closure is < 1 percent (dry weight).

2. Additional parameters for land treatment E and P Waste in elevated, freshwater wetland areas where the disposal site is not normally inundated:

a. electrical conductivity (EC-solution phase): < 8 mmhos/cm;

b. sodium adsorption ratio (SAR-solution phase): < 14;

c. exchangeable sodium percentage (ESP-solid phase): 25 percent.

3. Additional parameters for land treatment of E and P Waste in upland areas:

a. electrical conductivity (EC-solution phase): < 4 mmhos/cm;

b. sodium adsorption ratio (SAR-solution phase): < 12;

c. exchangeable sodium percentage (ESP-solid phase): < 15 percent.

E. Burial or Trenching. Pits containing E and P Waste may be closed by mixing the waste with soil and burying the mixture onsite, provided the material to be buried meets the following criteria:

1. the pH and metals criteria in §313. C above;

2. moisture content: < 50 percent by weight;

3. electrical conductivity (EC): < 12 mmhos/cm;

4. oil and grease content: < 3 percent by weight;

5. top of buried mixture must be at least 5 feet below ground level and then covered with 5 feet of native soil;

6. bottom of burial cell must be at least 5 feet above the seasonal high water table.

F. Solidification. Pits containing E and P Waste may be closed by solidifying wastes and burying it onsite provided the material to be buried meets the following criteria:

1. pH range: 6 - 12;

2. Leachate testing* for oil and grease: < 10.0 mg/1 and chlorides < 500.0 mg/1

*NOTE: The leachate testing method for oil and grease is included in the manual titled "Laboratory Procedures for Analysis of Exploration and Production Waste" (Department of Natural Resources, August 9, 1988, or latest revision).

3. Leachate testing* for the following metals:

a. arsenic < 0.5 mg/1;

b. barium < 10.0 mg/l;

c. cadmium < 0.1 mg/1;

d. chromium < 0.5 mg/1;

e. lead < 0.5 mg/1;

f. mercury < 0.02 mg/1;

g. selenium < 0.1 mg/1;

h. silver < 0.5 mg/1;

i. zinc < 5.0 mg/1;

*NOTE: The leachate testing method for metals is included in the manual titled "Laboratory Procedures for Analysis of Exploration and Production Waste" (Department of Natural Resources, August 9, 1988, or latest revision).

4. top of buried mixture must be at least 5 feet below ground level and covered with 5 feet of native soil;

5. bottom of burial cell must be at least 5 feet above the seasonal high water table;

6. solidified material must meet the following criteria*:

a. unconfined compressive strength (Qu): > 20 lbs/in² (psi);

b. permeability: <1 x 10^-6 cm/sec;

c. wet/dry durability: > 10 cycles to failure.

*NOTE: Testing must be conducted according to ASTM or other approved methods prior to pit closure by solidification processes.

G. Onsite Land Development. Reserve pits containing E and P Waste may be closed by processing the waste material with Department of Environmental Quality approved stabilizing additives and using the mixture onsite to develop lease roads, drilling and production locations, etc. provided the following conditions have been met:

1. at least 72 hours prior to commencement of waste processing operations, written notification has been made to the Office of Conservation of the operator's intent to utilize this method of reserve pit closure. This notification shall include a detailed explanation of the methods used to generate the processed waste material, including but not limited to the types and volumes of additives to be used, amounts of processed waste material to be generated, the applications and locations onsite for which the processed waste material will be used, written approval from the surface owner of the property on which the processed waste material is to be applied; and any other pertinent information required by the commissioner;

2. E and P Waste shall not be processed in an unlined reserve pit with a bottom that extends to a depth deeper than 5 feet above the seasonal high water table;

3. the processed waste material meets the following analytical criteria:

a. pH range of the mixture: 6-12;

b. electrical conductivity (EC): < 8 mmhos/cm;

c. oil and grease content: < 1 percent by weight;

d. total metals content meeting the criteria of §313. C.2 above;

e. leachate testing** for chloride concentration: < 500 mg/L; and,

f. NORM concentrations do not exceed applicable DEQ criteria or limits;

*NOTE: The testing method for pH, EC, and metals shall conform to the requirments of §311. D and is included in the manual titled "Laboratory Procedures for Analysis of Exploration and Production Waste" (Department of Natural Resources, August 9, 1988, or latest revision).

**NOTE: The leachate testing method for metals is included in the manual titled "Laboratory Procedures for Analysis of Exploration and Production Waste" (Department of Natural Resources, August 9, 1988, or latest revision).

4. any pit remaining after the generation and application of the processed waste material shall be closed in conformance with the criteria of §313. D above; and

5. the Commissioner of Conservation, the Secretary of the Department of Natural Resources, and the State of Louisiana shall be held harmless from and indemnified for any and all liabilities arising from onsite land development using processed E and P Waste, and the operator of record and the surface owner shall execute agreements as the commissioner requires for this purpose.

H. Passive Closure

1. The Office of Conservation will consider requests for passive pit closure provided one of the following conditions exists:

a. where pit closure would create a greater adverse environmental impact than if the pit were allowed to remain unreclaimed;

b. where pit usage can be justified for agricultural purposes or wildlife/ecological management.

2. Operators requesting passive pit closure shall submit the following:

a. an affidavit requesting passive pit closure for one of the reasons contained in §313. H 1;

b. a copy of ENG-15 or ENG-15-CP with pit identification number shown thereon;

c. an affidavit of no objection from the Louisiana Department of Wildlife and Fisheries obtainable by contacting:

La. Department of Wildlife & Fisheries

P.O. Box 98000

Baton Rouge, LA 70898

Telephone: (225) 765- 2819

d. where applicable, an affidavit of no objection from the Department of Natural Resources, Coastal Management Division, obtainable by contacting:

Department of Natural Resources

Coastal Management Division

P.O. Box 44487

Baton Rouge, LA 70804-4487

Telephone: (225) 342-7591

e. an affidavit of no objection from the landowner endorsing operator's request for passive pit closure;

f. a photograph of the pit in question;

g. an inspection of the pit signed by a conservation enforcement agent and a representative of the operator. The operator shall contact the applicable conservation district office to arrange date and time for inspection;

h. analytical laboratory reports of the pit bottoms and pit levees indicating conformance with applicable land treatment criteria set forth in §313. C and D;

i. an analytical laboratory report of the fluid contents of the pit indicating conformance with applicable state and federal effluent guidelines for oil and gas exploration and production. Contact the Department of Environmental Quality, Office of Environmental Services, (225) 219-3181 for information regarding effluent limitations.

3. The Commissioner of Conservation retains the right to grant exceptions to the requirements of §313. H.2 as he deems appropriate.

I. Offsite Disposal of E and P Waste

1. Except for produced water, drilling, workover, completion, and stimulation fluids, and rainwater which may be transported by an oil and gas operator to a community well or an operators permitted Class II disposal well, discharged to surface waters where authorized, or otherwise authorized in LAC 43:XIX.313.J, exploration and production waste shall not be moved offsite for storage, treatment, or disposal unless transported to an approved commercial facility or transfer station in accordance with the requirements of LAC 43:XIX.Chapter 5 or under the direction of the commissioner.

2. The criteria for land treatment, burial, solidification, or onsite generation of reuse material listed above will apply, as appropriate, to the onsite disposal of any exploration and production waste remaining onsite.

3. E and P Waste that fails to meet the criteria of this Paragraph for onsite disposal shall be moved offsite by the operator to a permitted commercial facility or transfer station in accordance with the requirements of LAC 43:XIX, Chapter 5.

J. Use of E and P Waste (Produced Water, Rainwater, Drilling, Workover, Completion and Stimulation Fluids) for Downhole Well Operations

1. Produced water, rainwater, drilling, workover, completion and stimulation fluids generated at a wellsite (originating wellsite) that are classified as E and P Waste as defined in LAC 43:XIX.501 may be transported offsite for use in downhole well operations at another wellsite (receiving wellsite) in accordance with the following provisions.

a. Nothing in this rule is intended to authorize interstate transfer of E and P Waste between different operators or the intrastate transportation, storage, treatment, use, or disposal of such E and P Waste.

b. All residual waste generated in the treatment or processing of E and P Waste prior to its use in downhole well operations must be properly disposed of in accordance with the following:

i. All residual waste generated as a result of treatment or processing conducted at the originating wellsite must be either disposed of onsite at the originating wellsite in accordance with all the requirements of LAC 43:XIX.311 and 313, except and not including Subsection 313 J, or offsite in accordance with the requirements of LAC 43:XIX.Chapter 5.

ii. All residual waste generated as a result of treatment or processing conducted at the receiving wellsite meeting the definition of E and P waste in LAC 43:XIX.501 must be disposed of offsite in accordance with the requirements of LAC 43:XIX.Chapter 5.

c. The types and volumes of E and P waste generated for use along with the well name and well serial number of the receiving wellsite, and the receiving operator (if different) must be reported on either Form ENG-16 (oilfield waste disposition) for the originating well and/or Form ENG-17 (reclaimed oilfield waste fluid tracking ticket) and/or maintained in a substantively similar manifest system depending on the waste types involved. Waste tracking records documenting transfers between operators must be maintained for at least three years and must be submitted in a timely and legible manner to the Office of Conservation upon request.

d. Operators must have authority from surface owners to store and use E and P Waste from an offsite location at the receiving wellsite or staging location.

e. E and P waste intended for use must be stored at the receiving wellsite or at a staging location operated by the same operator of record as the receiving wellsite in an above ground storage tank or a lined production pit which conforms to the liner requirements and operational provisions of LAC 43:XIX.307.A.

f. The receiving operator assumes responsibility for ROW fluid once it is off-loaded from a transport or exits a transfer line at the receiving operator's staging location or wellsite.

2. The commissioner of Conservation, the secretary of the Department of Natural Resources, and the state of Louisiana shall be held harmless from and indemnified for any and all liabilities arising from use of E and P waste pursuant to this Subsection, and the operator of record and the surface owner shall execute agreements as the commissioner requires for this purpose.

La. Admin. Code tit. 43, § XIX-313

Promulgated by the Department of Natural Resources, Office of Conservation, LR 26:2804 (December 2000), amended LR 33:1659 (August 2007), LR 35:2464 (November 2009), LR 36:1265 (June 2010), Amended LR 33:1659 (August 2007), LR 35:2464 (November 2009), LR 36:1265 (June 2010), LR 40:2596 (12/1/2014), Amended LR 49911 (5/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.