Summary Of Statewide Rule 8
|Fresh water condensate||Any except discharge||Landfarming, evaporation pit, etc.|
|Inert wastes||Any except discharge||May be buried in reserve pit. Does not include drilling fluid, lube oil, basic sediment, etc.|
|Low chloride water base drilling fluid(3000 mg/l or less chlorides)||Landfarming||On lease where generated with written permission of landowner|
|Burial||Must be dewatered|
|Other drilling fluid||Burial||Must be dewatered. Only cuttings from oil base drilling fluid may be buried.|
|Completion/workover pit wastes||Burial||Must be dewatered|
|Non-commercial fluid recycling pit contents||Burial||Must be dewatered|
|8(d)(4)||Authorized pits: The rule authorizes the use of several types of pits without a permit. Use of these pits is authorized without a permit only so long as they are operator and backfilled according to the requirements in the rule and only so long as use of the pit does not cause pollution.|
|AUTHORIZED PITS||AUTHORIZED WASTES||BACKFILLING|
|Reserve and mud circulation pits||Drilling fluids, cuttings, rig wash, drill stem test fluids, blowout preventer test fluids||Chlorides 6100 mg/l or less - one year to dewater & backfill. Chlorides greater than 6100 mg/l - 30 days to dewater, one year to backfill.
|Completion/ workover pits||Spent completion fluids, workover fluids, material cleaned out of wellbore||Dewater in 30 days, backfill 120 days of well completion or completion of workover.
|Basic sediment pits||Basic sediment from production vessels or oil storage tanks. No free saltwater or oil.||50 bbl maximum, 250 sq. ft. surface area. Backfill within 120 days of final use.
|Flare pits||Liquid hydrocarbons sent to flare or vent, but not burned.||Use only during upset conditions, fluid may remain in the pit no more than 48 hours. Backfill 120 days from final use.
|Fresh makeup water pits||No waste in pit.||Backfill within one year from cessation of drilling
|Fresh mining water pits||No waste in pit.||Backfill within 120 days of cessation of use.
|Water condensate pits||Condensed water vapor from natural gas.||If at gas plant, must be permitted. Backfill within 120 days from final use.|
|Non-commercial fluid recycling (NCFR) pits*||Fluid for storage for NCFR, or the treated recyclable fluid||Backfill within 120 days of cessation of use.|
|8(d)(4)(G)||* Additional requirements for NCFR pits
Pit Design: Pits must be:
Monitoring Procedures: Pits must be:
- Location of the pit with lease name and number or drilling permit number, and latitude and longitude;
- Dimensions of the pit and maximum capacity of the pit; or
- A signed statement that the operator has permission from the surface owner for construction and use of the pit.
All authorized pits must be constructed and operated outside of the 100-year flood plain.
An operator may take any measures necessary to stop or control an unauthorized discharge, and report to the District Office as soon as possible.
|Check for permit:||Rule 8 prohibits a person from using an unpermitted carrier or receiver to transport, store, handle, treat, or dispose of oil and gas wastes if the carrier or receiver is required to have a permit.
|In other words, it is the waste generator's responsibility to determine if the carrier or receiver he/she uses has a valid oil and gas division permit.
|Permits to store, handle, treat and dispose of oil and gas wastes are issued under Statewide Rules 8(drilling fluid disposal, landfarm/landtreatment), 9, 46 (disposal/injection well), and 57 (reclamation plant).
|It is in the interest of the generator to document the call when checking on permits.|
|Cannot cause or allow pollution: No person may cause or allow the improper disposal of oil and gas wastes.|
|A waste generator causes or allows the improper disposal of waste if he/she uses a carrier or receiver who improperly disposes of the waste, and he/she knew or should have known the improper disposal was likely to occur but failed to take reasonable steps to prevent the disposal|
|8(d)(6)(A)||Standards for the issuance of a permit: Permit for pit or disposal issued only if no waste and no pollution (even if minor or emergency permit)|
|All permits will contain operating conditions including backfilling requirements.|
|Permits may contain design and construction criteria including:
- Pit construction materials
- Dike design
- Liner material, thickness, installation procedures and inspection schedules
- Overflow warning devices
- Leak detection systems
- Fences (if commercial)
|8(d)(6)(B)||Application: File a permit application with the Commission in Austin.|
|Use correct form, if available:
- H-11 for pit permit
- Letter request for landfarming, produced water discharge, gas plant discharge, hydrostatic test discharge, etc.
|File original application with Austin and a copy with appropriate district office.|
|8(d)(6)(C)||Notice: Notice of application must be given as required by Rule 8 or permit application instructions.|
|8(d)(6)(D)||Protests and Hearings: If an application is protested by an affected person, no permit may be issued unless a hearing is held.|
|A hearing may also be held on an application if the Director of Environmental Services determines that a hearing is in the public interest.|
|8(d)(6)(E)||Permit may be modified, suspended and terminated: A permit issued by the Commission may be modified, suspended, and terminated after notice and opportunity for hearing and for good cause. The following constitute good cause:
- Water pollution is occurring or is likely to occur;
- Waste is occurring or is likely to occur;
- Permit or rule violation;
- Factual misrepresentation in application;
- Failure to give notice; and/or
- Material change of conditions.
|8(d)(6)(F)||Emergency permits: (not to be confused with permits for emergency saltwater storage pits):
- Speed necessary to prevent waste or pollution (catastrophic events such as blowouts or flooding).
- Application to the appropriate district office.
- Verbal application possible. Verbal approval possible, with written followup.
- No notice required.
- Valid for up to 30 days.
|8(d)(6)(G)||Minor permits: Permits to store or dispose of a minor amount of waste.
- Application to district office for routine requests; to Austin for disposal of asbestos, PCB - containing material, hydrostatic test waters, and unusual requests.
- Written application necessary.
- Notice as required by RRC.
- Valid for 60 days.
Minor permit examples:
- Extension of backfilling time for authorized pits;
- One-time, annular disposal of drilling fluid;
- One-time, off-lease landfarming of low chloride drilling fluid
(written permission of landowner required); and
- Discharge of hydrostatic test waters used in pipes or storage tanks.
|8(d)(7)(A)||Prohibited recycling: Any recycling of oil and gas waste not authorized by the rule or permitted.|
|8(d)(7)(B)||Authorized recycling. 8(a)(41) Non-commercial fluid recycling (NCFR) is:
- Treatment and reuse of fluid produced from an oil or gas well
- For any use except discharge to surface waters pursuant to a permit issued by another state or federal agency.
- For any use except discharge to surface waters if the treatment results in distilled water.
|8(d)(7)(C)||Permitted recycling: Any method of recycling not authorized by rule must be permitted. Any commercial recycling must be permitted in accordance with Chapter 4, Subchapter B.|