La. Admin. Code tit. 43 § XIX-565

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

Section XIX-565 - Resource Conservation and Recovery of Exploration and Production Waste

A. In order to encourage the conservation and recovery of resources in the oilfield industry, the processing of E and P waste into reusable materials or ROW fluid, in addition to or beyond extraction and separation methods which reclaim raw materials such as crude oil, diesel oil, etc., is recognized as a viable alternative to other methods of disposal.

B. Commercial facilities may function for the purpose of generating reusable material or ROW fluid only, or they may generate reusable material or ROW fluid in conjunction with other storage, treatment or disposal operations.

C. Commercial facilities that generate reusable material or ROW fluid are subject to all of the permitting requirements imposed on other commercial facilities. They are also subject to the same operational requirements without regard to the distinction between E and P waste and reusable material or ROW fluid. Existing permits may be amended to allow re-use or ROW fluid operations at commercial facilities which acquire the capability to engage in processing for reuse or ROW fluid operations. Commercial facilities which utilize extraction or separation methods to reclaim raw materials such as crude oil, diesel oil, etc. may do so without amendment of existing permits.

D. The onsite generation of reusable material by oil and gas operators, pit treating companies or other companies which do not hold a legal commercial facility permit is prohibited unless the company desiring to perform such activities complies with the requirements of this Subparagraph and submits the following information to the commissioner for approval:

1. the names, addresses, and telephone numbers of the principal officers of the company;

2. a detailed description of the process by which the company will treat pit fluids and/or solids (E and P Waste), including the types of chemicals and equipment used in the process, diagrams, test data, or other information;

3. a description of the geographical area in which the company expects to do business (i.e., statewide, north Louisiana, southwest Louisiana, etc.).

E. In addition to other applicable requirements, companies seeking to be permitted for the production of reusable materials from E and P Waste shall have the following obligations.

1. Prior to permit approval or permit amendment approval, applicants must submit the following information:

a. a detailed description of the process to be employed for generation of reusable material;

b. type of treatment system and/or equipment to be constructed (or added);

c. identification of the proposed uses for the reusable material; and

d. a description of the proposed monitoring plan to be utilized.

2. All proposed uses of reusable material must be approved by the commissioner in writing.

3. The production of reusable material must be conducted in accordance with a monitoring plan approved by the commissioner with issue of the permit for each facility or process.

4. For purposes of regulatory authority only by the Office of Conservation and the establishment of reusable material, compliance with the testing criteria of §565. F below allows permitted companies to offer the material for the following uses:

a. daily cover in sanitary landfills which are properly permitted by state and/or local authorities. The use of reusable material in a sanitary landfill will require written approval of the Department of Environmental Quality; and

b. various types of construction material (fill) on a case-by-case basis. The commissioner may approve such use only after submission and review of an application for the intended use. Approval will be dependent upon the composition of the material and the proposed location of use. Reusable material may not be used as fill for construction purposes unless the specific use has been approved in writing by the Commissioner of Conservation.

F. Testing Criteria for Reusable Material

Parameter	Limitation
Moisture Content	< 50% (by weight) or zero free moisture
pH*	6.5 - 9.0
Electrical Conductivity (EC)	8 mmhos/cm
Sodium Adsorption Ratio (SAR)	12
Exchangeable Sodium Percentage (ESP)	15%
Total Barium: Reuse at Location other than Commercial facility	40,000 ppm
Leachate Testing** for: TPH Chlorides	10.0 mg/l 500.0 mg/l
TCLP Benzene	0.5 mg/l
Leachate Testing**: Arsenic Barium Cadmium Chromium Copper Lead Mercury Molybdenum Nickel Selenium Silver Zinc	0.5 mg/l 10.0 mg/l 0.1 mg/l 0.5 mg/l 0.5 mg/l 0.5 mg/l 0.02 mg/l 0.5 mg/l 0.5 mg/l 0.1 mg/l 0.5 mg/l 5.0 mg/l
NORM	Not to exceed Applicable DEQ Criteria/Limits

*E and P Waste when chemically treated (fixated) shall, in addition to the criteria set forth be acceptable as reusable material with a pH range of 6.5 to 12 and an electrical conductivity of up to 50 mmhos/cm, provided such reusable material passes leachate testing requirements for chlorides in §565. F above and leachate tests for metals in §565. F above.

**The leachate testing method for TPH, chlorides and metals is included in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest version).

G. A reuse stockpile management plan shall be included in the E and P Waste management and operations plan and as a minimum, shall include the following:

1. dust emissions controls for loading, transporting and offloading operations;

2. erosion control techniques; and

3. optimum pile height and slope.

H. The Commissioner of Conservation, the Secretary of the Department of Natural Resources, and the State of Louisiana upon issuance of a permit to a company or commercial facility under this Section shall be held harmless from and indemnified for any and all liabilities arising from the operation of such facilities and use of their products, and the company shall execute such agreements as the commissioner requires for this purpose.

I. Reporting. Each company which generates reusable material must furnish the commissioner a monthly report showing the disposition of all such material.

J. Onsite use of E and P waste for downhole well operations is permissible only as authorized by the Office of Conservation and in accordance with the requirements of LAC 43:XIX.313.J.

K. Existing commercial facilities who desire to commence ROW fluid operations must comply with the notification, application and permitting requirements of LAC 43:XIX.519.

L. The Commissioner of Conservation, the Secretary of the Department of Natural Resources, and the State of Louisiana upon issuance of a permit to a commercial facility operator for ROW fluid operations shall be held harmless from and indemnified for any and all liabilities arising from such operations and use of ROW fluid, and the commercial facility operator shall execute such agreements as the commissioner requires for this purpose.

M. Reporting. Each commercial facility which generates ROW fluid must furnish the commissioner a monthly report showing the disposition of all such material.

La. Admin. Code tit. 43, § XIX-565

Promulgated by the Department of Natural Resources, Office of Conservation, LR 27:1916 (November 2001), amended LR 29:939 (June 2003), LR 34:1422 (July 2008), LR 36:2571 (November 2010), Amended LR 49912 (5/1/2023).

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