Okla. Admin. Code § 165:10-7-2

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-7-2 - Administration and enforcement of rules

(a) The Manager of Pollution Abatement and/or the Manager of the Underground Injection Control Department shall supervise and coordinate the administration and enforcement of the rules of this Subchapter under the direction of the Director of Conservation and the Commission.

(b) Site assessments and remediation projects for petroleum and produced water pollution should adhere to the general practices appearing in the Oil and Gas Conservation Division's Guardian Guidance document including the Guidelines and Numerical Criteria for New or Historic Produced Water/Brine Spills Appendix. Any alternative plan shall be approved by the Manager of Pollution Abatement prior to implementation.

(c)Specific areas of Conservation Division jurisdiction to which Pollution Abatement and/or Underground Injection Control rules apply:

(1) Field operations for geologic and geophysical exploration for oil, gas and/or brine, including seismic shot holes, stratigraphic test holes or other test wells.

(2) Exploration, drilling, development, production or processing of oil, gas and/or mineral brine at the lease site.

(3) The exploration, drilling development and operation of wells used in connection with the recovery, injection, or disposal of mineral brines including construction, operation, maintenance, closure and abandonment of the facilities and activities.

(4) Reclaiming and/or recycling facilities associated with the exploration, drilling, development, production or transportation of oil and/or gas (including the processing of saltwater, crude oil, natural gas condensate, tank bottoms or basic sediment from crude oil tanks, pipelines, pits and equipment).

(5) Underground injection control pursuant to the federal Safe Drinking Water Act and 40 CFR parts 144 through 148 for Class II injection wells, Class V wells used for the recovery, injection or disposal or mineral brines as defined in the Oklahoma Brine Development Act.

(6) Tank farms for storage of crude oil and petroleum products located outside the boundaries of refineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities that are not subject to the jurisdiction of the Oklahoma Department of Environmental Quality.

(7) Construction and operation of pipelines and associated rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum projects, anhydrous ammonia or mineral brine, or in the treatment of oil, gas or mineral brine during the course of transportation [not including pipelines in natural gas liquids extraction plants, refineries, or reclaiming facilities other than those specified in OAC 165:10-7-2(c)(6).

(8) The handling, transportation, storage and disposition of saltwater, drilling fluids, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, production, and operation of oil and gas wells at any facility or activity specifically subject to Commission jurisdiction or other oil and gas extraction facilities and activities.

(9) Spills of deleterious substances associated with facilities and activities specified in OAC 165:10-7-2(c)(8) or otherwise associated with oil and gas extraction and transportation activities.

(10) Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Commission.

(d)Monitoring of sites. Before consideration for closure by the Conservation Division or the Commission, the responsible party shall monitor a remediation project subject to implementation of the water quality standards for a period of one (1) year, unless:

(1) Otherwise provided by Commission order, or

(2) As directed by the Manager of Pollution Abatement or designated Conservation Division staff.

(e)Public participation; Resolution of complaint or disagreement with Conservation Division staff.

(1) In any case where the Conservation Division determines the need for public participation in the resolution of a pollution complaint involving the implementation of the water quality standards or other issues relating to pollution, the Conservation Division may file an application and notice of hearing to request resolution of the complaint by adjudicative hearing and Commission order.

(2) In any case where a pollution complaint involving the implementation of the water quality standards or other issues relating to pollution cannot be resolved administratively between the responsible party and the complainant or because of a disagreement with the Conservation Division's Manager of Pollution Abatement, Manager of Field Operations, or other Conservation Division staff, regarding the complaint, the responsible party or the complainant may file an application and notice of hearing to request resolution of the complaint by adjudicative hearing and Commission order.

Okla. Admin. Code § 165:10-7-2

Amended at 26 Ok Reg 2498, eff 7-11-09

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020