TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 15 OIL
AND GAS
PART 17 PITS,
CLOSED-LOOP SYSTEMS, BELOW-GRADE TANKS AND SUMPS
19.15.17.1 ISSUING
AGENCY: Energy, Minerals and Natural Resources
Department, Oil Conservation Division.
[19.15.17.1 NMAC -
N, 6/16/08]
19.15.17.2 SCOPE:
19.15.17 NMAC applies to persons engaged in oil and gas development and
production within New Mexico.
[19.15.17.2 NMAC -
N, 6/16/08]
19.15.17.3 STATUTORY
AUTHORITY: 19.15.17 NMAC is adopted pursuant to the Oil
and Gas Act, NMSA 1978, Section 70-2-6, Section 70-2-11 and Section 70-2-12.
[19.15.17.3 NMAC -
N, 6/16/08]
19.15.17.4 DURATION:
Permanent.
[19.15.17.4 NMAC -
N, 6/16/08]
19.15.17.5 EFFECTIVE
DATE: June 16, 2008, unless a later date is cited
at the end of a section.
[19.15.17.5 NMAC -
N, 6/16/08]
19.15.17.6 OBJECTIVE: To
regulate pits, closed-loop systems, below-grade tanks and sumps used in
connection with oil and gas operations for the protection of public health,
welfare and the environment.
[19.15.17.6 NMAC -
N, 6/16/08]
19.15.17.7 DEFINITIONS:
A. “Alluvium” means detrital material that water or other erosional forces have transported and deposited at points along a watercourse’s flood plain. It typically is composed of sands, silts and gravels; exhibits high porosity and permeability; and generally carries fresh water.
B. “Closed-loop
system” means a system that uses above ground steel tanks for the management of
drilling or workover fluids without using below-grade tanks or pits.
C. “Division-approved facility” means a division-permitted surface waste management or injection facility, a facility permitted pursuant to 20.6.2 NMAC, a facility approved pursuant to 19.15.35.8 NMAC or other facility that the division specifically approves for the particular purpose. The division shall not approve any facility not otherwise permitted unless it finds that the facility’s use for the specified purpose will protect fresh water, public health and the environment and comply with other applicable federal or state statutes, federal regulations, state rules and local ordinances.
D. “Emergency pit”
means a pit that is constructed as a precautionary matter to contain a spill in
the event of a release.
E. “Permanent pit”
means a pit, including a pit used for collection, retention or storage of produced water or brine that is
constructed with the conditions and for the duration provided in its permit,
and is not a temporary pit.
F. “Restore” means to return a site to its former condition, in the manner and to the extent required by applicable provisions of 19.15.17 NMAC.
G. “Significant
watercourse” means a watercourse with a defined bed and bank either named on a
USGS 7.5 minute quadrangle map or a first order tributary of such watercourse.
H. “Sump” means an impermeable vessel, or a collection device incorporated within a secondary containment system, with a capacity less than 500 gallons, which remains predominantly empty, serves as a drain or receptacle for de minimis releases on an intermittent basis and is not used to store, treat, dispose of or evaporate products or wastes.
I. “Temporary pit” means a pit, including a drilling or workover pit, which is constructed with the intent that the pit will hold liquids for less than six months and will be closed in less than one year.
[19.15.17.7 NMAC -
N, 6/16/08; A, 12/1/08]
19.15.17.8 PERMIT
REQUIRED:
A. A person shall
not construct or use a pit or below-grade tank except in accordance with a
division-issued permit. Only an operator
may apply for a division-issued permit.
Facilities permitted pursuant to 19.15.36 NMAC or WQCC rules are exempt
from 19.15.17 NMAC. After June 16, 2008,
an unlined permanent pit is prohibited and the division shall not issue a
permit for an unlined permanent pit.
B. In lieu of using
a pit or below-grade tank in accordance with 19.15.17 NMAC, an operator may use
a closed-loop system or other division-approved alternative method. However, an operator may not conduct
operations using a closed-loop system or proposed alternative method except in accordance
with a division-issued permit. An
operator requesting a permit for a closed-loop system that uses a temporary pit
shall comply with the requirements for temporary pits specified in 19.15.17
NMAC.
C. The division may
issue a single permit for all pits, below-grade tanks, closed-loop systems or division-approved
alternative methods associated with a single application for permit to drill.
[19.15.17.8 NMAC - Rn,
19.15.2.50 NMAC & A, 6/16/08]
19.15.17.9 PERMIT
APPLICATION:
A. An operator
shall use form C-144 to apply to the division for a permit to construct or use
a pit, closed-loop system, below-grade tank or proposed alternative method to
which 19.15.17 NMAC applies. The
operator shall submit the form C-144 either separately or as an attachment to a
permit application for a facility with which the pit, closed-loop system,
below-grade tank or proposed alternative method will be associated. For upstream facilities, the operator may
submit form C-144 separately or as an attachment to an application for a well
permit (form C-101 or C-103).
B. The permit
application shall include a detailed plan as follows.
(1) Permanent pits. A registered professional engineer shall
certify engineering, design and construction specifications as contained in the
plan for permanent pits. The plan shall
include:
(a)
a quality control/quality assurance construction and installation plan;
(b)
operating and maintenance procedures;
(c)
a closure plan;
(d)
a hydrogeologic report that provides sufficient information and detail
on the site’s topography, soils, geology, surface hydrology and ground water
hydrology to enable the environmental bureau in the division’s Santa Fe office
to evaluate the actual and potential effects on soils, surface water and ground
water;
(e)
detailed information on dike protection and structural integrity; and
leak detection, including an adequate fluid collection and removal system;
(f)
liner specifications and compatibility;
(g)
freeboard and overtopping prevention;
(h) prevention of nuisance or hazardous odors,
including H2S;
(i)
an emergency response plan, unless the permanent pit is part of a
facility that has an integrated contingency plan;
(j)
type of oil field waste stream;
(k)
climatological factors, including freeze-thaw cycles;
(l)
a monitoring and inspection plan;
(m)
erosion control; and
(n)
other pertinent information the environmental bureau in the division’s
Santa Fe office requests.
(2) Temporary pits. The plan for a temporary pit shall use
appropriate engineering principles and practices and follow applicable liner manufacturers’
requirements. The plan shall include
operating and maintenance procedures, a closure plan and hydrogeologic data
that provides sufficient information and detail on the site’s topography,
soils, geology, surface hydrology and ground water hydrology to enable the appropriate
division district office to evaluate the actual and potential effects on soils,
surface water and ground water and compliance with the siting criteria of
19.15.17.10 NMAC. The plan for a
temporary pit may incorporate by reference a standard design for multiple
temporary pits that the operator files with the application or has previously
filed with the appropriate division district office.
(3) Closed-loop
systems. The plan for a closed-loop
system shall use appropriate engineering principles and practices and follow
applicable manufacturers’ requirements.
The plan shall include operating and maintenance procedures and a closure
plan. The plan for a closed-loop system
may incorporate by reference a standard design for multiple projects that the
operator files with the application or has previously filed with the
appropriate division district office. If
the operator proposes to bury the contents of a drying pad associated with a
closed-loop system in an on-site trench, the operator shall provide sufficient information
and detail on the site’s topography, soils, geology, surface hydrology and
ground water hydrology to enable the appropriate division district office to
evaluate the actual and potential effects on soils, surface water and ground
water and compliance with the siting criteria of 19.15.17.10 NMAC.
(4) Below-grade
tanks. The plan for a below-grade tank
shall use appropriate engineering principles and practices and follow applicable
manufacturers’ requirements. The plan
shall include operating and maintenance procedures, a closure plan and a
hydrogeologic report that provides sufficient information and detail on the
site’s topography, soils, geology, surface hydrology and ground water hydrology
to enable the appropriate division district office to evaluate the actual and
potential effects on soils, surface water and ground water and compliance with
the siting criteria of 19.15.17.10 NMAC.
The plan for a below-grade tank may incorporate by reference a standard
design for multiple below-grade tanks that the operator files with the
application or has previously filed with the appropriate division district
office.
C. Closure plans. A closure plan that an operator submits in a
plan required in Subsection B of 19.15.17.9 NMAC, or any other closure plan
required pursuant to 19.15.17 NMAC, shall describe the proposed closure method
and the proposed procedures and protocols to implement and complete the
closure.
(1) If the operator
proposes an on-site closure method, the operator shall also propose other
methods to be used if the initial method does not satisfy the on-site closure
standards specified in Subsection F of 19.15.17.13 NMAC or, if applicable,
other on-site closure standards that the environmental bureau in the division’s
Santa Fe office approves.
(2) An operator of an
existing unlined permanent pit that is permitted by or registered with the
division, or an existing, lined or unlined, permanent pit not permitted by or
registered with the division, identified under Paragraphs (1) or (2) of
Subsection A of 19.15.17.13 NMAC, shall submit the respective closure plan
required under the transitional provisions of Subsection B of 19.15.17.17 NMAC
to the environmental bureau in the division’s Santa Fe office.
(3) An operator of an
existing unlined, temporary pit or an existing below-grade tank, identified
under Paragraphs (3) or (4) of Subsection A of 19.15.17.13 NMAC, shall submit
the respective closure plan required under the transitional provisions of
Subsection B of 19.15.17.17 NMAC to the appropriate division district office.
D. Filing of permit
application.
(1) Permanent pits and
exceptions requested pursuant to 19.15.17.15 NMAC. An operator shall file an application, form
C-144, and all required attachments with the environmental bureau in the
division’s Santa Fe office to request approval to use or construct a permanent
pit or request an exception pursuant to 19.15.17.15 NMAC and shall provide a
copy to the appropriate division district office.
(2) Temporary pits,
closed-loop systems and below-grade tanks. To request approval to use or construct a
temporary pit, closed-loop system or below-grade tank, an operator shall file
an application, form C-144, and all required attachments with the appropriate
division district office. If the
operator plans to use a temporary pit, the operator shall provide the proposed
pit location on form C-102.
[19.15.17.9 NMAC - Rn,
19.15.2.50 NMAC & A, 6/16/08]
19.15.17.10 SITING
REQUIREMENTS:
A. Except as
otherwise provided in 19.15.17 NMAC.
(1) An operator shall not
locate a temporary pit or below-grade tank:
(a)
where ground water is less than 50 feet below the bottom of the
temporary pit or below-grade tank, unless the operator is using a pit solely to
cavitate a coal bed methane well and the appropriate division district office
finds based upon the operator’s demonstration that the operator’s proposed
operation will protect ground water during the temporary pit’s use;
(b)
within 300 feet of a continuously flowing watercourse, or 200 feet of
any other significant watercourse or lakebed, sinkhole or playa lake (measured
from the ordinary high-water mark), unless the appropriate division district
office approves an alternative distance based upon the operator’s demonstration
that surface and ground water will be protected;
(c)
within 300 feet from a permanent residence, school, hospital,
institution or church in existence at the time of initial application;
(d)
within 500 feet of a private, domestic fresh water well or spring used
by less than five households for domestic or stock watering purposes, or within
1000 feet of any other fresh water well or spring, in existence at the time of
initial application;
(e)
within incorporated municipal boundaries or within a defined municipal
fresh water well field covered under a municipal ordinance adopted pursuant to
NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically
approves;
(f)
within 500 feet of a wetland;
(g)
within the area overlying a subsurface mine, unless the appropriate
division district office specifically approves the proposed location based upon
the operator’s demonstration that the temporary pit’s or below-grade tank’s
construction and use will not compromise the subsurface integrity;
(h)
within an unstable area, unless the operator demonstrates that it has
incorporated engineering measures into the design to ensure that the temporary
pit's or below-grade tank's integrity is not compromised; or
(i)
within a 100-year floodplain.
(2) An operator shall not
locate a permanent pit:
(a)
where ground water is less than 50 feet below the bottom of the
permanent pit;
(b)
within 300 feet of a continuously flowing watercourse, or 200 feet of
any other significant watercourse or lakebed, sinkhole or playa lake (measured
from the ordinary high-water mark), unless the environmental bureau in the
division's Santa Fe office approves an alternative distance based upon the
operator’s demonstration that surface and ground water will be protected;
(c)
within 1000 feet from a permanent residence, school, hospital,
institution or church in existence at the time of initial application;
(d)
within 500 feet of a private, domestic fresh water well or spring used
by less than five households for domestic or stock watering purposes, or within
1000 feet of any other fresh water well or spring, in existence at the time of
initial application;
(e)
within incorporated municipal boundaries or within a defined municipal
fresh water well field covered under a municipal ordinance adopted pursuant to
NMSA 1978, Section 3-27-3, as amended, unless the municipality specifically
approves;
(f)
within 500 feet of a wetland;
(g)
within the area overlying a subsurface mine, unless the environmental
bureau in the division’s Santa Fe office specifically approves the proposed
location based upon the operator’s demonstration that the permanent pit’s
construction and use will not compromise subsurface integrity;
(h)
within an unstable area, unless the operator demonstrates that it has
incorporated engineering measures into the design to ensure that the permanent pit's
integrity is not compromised; or
(i)
within a 100-year floodplain.
(3) An operator shall not
locate material excavated from the pit’s construction:
(a)
within 300 feet of a continuously flowing watercourse, or 200 feet of
any other significant watercourse or lakebed, sinkhole or playa lake (measured
from the ordinary high-water mark), unless the division approves an alternative
distance based upon the operator’s demonstration that surface and ground water
will be protected;
(b)
within 500 feet of a wetland; or
(c)
within a 100-year floodplain.
B. An emergency pit
is exempt from the siting criteria of 19.15.17 NMAC.
C. An operator
shall not implement an on-site closure method:
(1) where ground water is
less than 50 feet below the bottom of the buried waste;
(2) where ground water is
between 50 and 100 feet below the bottom of the buried waste, unless the operator
buries the waste in-place and the treated or stabilized waste, which shall not
be combined with soil or other material at a mixing ratio of more than 3:1 soil
or other material to waste, does not exceed the criteria in Subparagraph (c) of
Paragraph (2) of Subsection F of 19.15.17.13 NMAC;
(3) where ground water is
more than 100 feet below the bottom of the buried waste, unless the operator
buries the waste in-place and the treated or stabilized waste, which shall not
be combined with soil or other material at a mixing ratio of more than 3:1 soil
or other material to waste, does not exceed the criteria in Subparagraph (d) of
Paragraph (2) of Subsection F of 19.15.17.13 NMAC;
(4) where ground water is more than 100 feet below
the bottom of the buried waste, unless the operator buries the waste in a
trench and the treated or stabilized waste, which shall not be combined with
soil or other material at a mixing ratio of more than 3:1 soil or other
material to waste, does not exceed the criteria listed in Subparagraph (c) of
Paragraph (3) of Subsection F of 19.15.17.13 NMAC;
(5) within 300 feet of a continuously flowing
watercourse, or 200 feet of any other significant watercourse or lakebed,
sinkhole or playa lake (measured from the ordinary high-water mark), unless the
division approves an alternative distance based upon the operator’s
demonstration that surface and ground water will be protected;
(6) within 300 feet from a permanent
residence, school, hospital, institution or church in existence at the time of
initial application;
(7) within 500 feet of a
private, domestic fresh water well or spring used by less than five households
for domestic or stock watering purposes or within 1000 feet of any other fresh
water well or spring, existing at the time the operator files the application
for exception;
(8) within incorporated municipal boundaries
or within a defined municipal fresh water well field covered under a municipal
ordinance adopted pursuant to NMSA 1978, Section 3-27-3, as amended, unless the
municipality specifically approves;
(9) within 500 feet of a wetland;
(10) within the area overlying a subsurface
mine, unless the division specifically approves the proposed location based
upon the operator’s demonstration that subsurface integrity will not be
compromised;
(11) within an unstable area, unless the
operator demonstrates that it has incorporated engineering measures into the
design to ensure that the on-site closure method will prevent contamination of
fresh water and protect public health and the environment; or
(12) within a 100-year floodplain.
[19.15.17.10 NMAC - Rn,
19.15.2.50 NMAC & A, 6/16/08]
19.15.17.11 DESIGN
AND CONSTRUCTION SPECIFICATIONS:
A. General specifications. An operator shall design and construct a pit, closed-loop system, below-grade tank or sump to contain liquids and solids and prevent contamination of fresh water and protect public health and the environment.
B. Stockpiling of topsoil. Prior to constructing a pit or closed-looped system, except a pit constructed in an emergency, the operator shall strip and stockpile the topsoil for use as the final cover or fill at the time of closure.
C. Signs. The operator shall post an upright sign not
less than 12 inches by 24 inches with lettering not less than two inches in
height in a conspicuous place on the fence surrounding the pit, closed-loop
system or below-grade tank, unless the pit, closed-loop system or below-grade tank is located on a site where there
is an existing well, signed in compliance with 19.15.16.8 NMAC, that is
operated by the same operator. The
operator shall post the sign in a manner and location such that a person
can easily read the legend. The sign shall provide the following
information: the operator’s name; the
location of the site by quarter-quarter or unit letter, section, township and
range; and emergency telephone numbers.
D. Fencing.
(1)
The operator shall fence or enclose a pit or below-grade tank in a
manner that prevents unauthorized access and shall maintain the fences in good
repair. Fences are not required if there
is an adequate surrounding perimeter fence that prevents unauthorized
access to the well site or facility,
including the pit or below-grade tank.
During drilling or workover operations, the operator is not required to
fence the edge of the pit adjacent to the drilling or workover rig.
(2) The operator shall fence or
enclose a pit or below-grade tank located within 1000 feet of a permanent
residence, school, hospital, institution or church with a chain link security
fence, at least six feet in height with at least two strands of barbed
wire at the top. The operator shall
ensure that all gates associated with the fence are closed and locked when
responsible personnel are not on-site.
During drilling or workover
operations, the operator is not required to fence the edge of the temporary
pit adjacent to the drilling or
workover rig.
(3) The operator shall
fence any other pit or below-grade tank to exclude livestock with a four foot
fence that has at least four strands of barbed wire evenly spaced in the interval
between one foot and four feet above
ground level. The appropriate division
district office may approve an alternative to this requirement if the operator
demonstrates that an alternative provides equivalent or better protection. The appropriate division district
office may impose additional fencing
requirements for protection of wildlife in particular areas.
E. Netting. The operator shall ensure that a permanent pit or a permanent open top tank is screened, netted or otherwise rendered non-hazardous to wildlife, including migratory birds. Where netting or screening is not feasible, the operator shall on a monthly basis inspect for, and within 30 days of discovery, report discovery of dead migratory birds or other wildlife to the appropriate wildlife agency and to the appropriate division district office in order to facilitate assessment and implementation of measures to prevent incidents from reoccurring.
F. Temporary pits. The operator shall design and construct a temporary pit in accordance with the following requirements.
(1) The operator shall
design and construct a temporary pit to ensure the confinement of liquids to
prevent unauthorized releases.
(2) A temporary pit shall
have a properly constructed foundation and interior slopes consisting of
a firm, unyielding base, smooth and free of rocks, debris, sharp edges or
irregularities to prevent the liner’s rupture or tear. The operator shall construct a temporary pit
so that the slopes are no steeper than two horizontal feet to one vertical foot
(2H:1V). The appropriate division
district office may approve an alternative to the slope requirement if the
operator demonstrates that it can construct and operate the temporary pit in a safe manner to prevent contamination
of fresh water and protect public health and the environment.
(3) The operator shall design and construct a temporary pit with a geomembrane liner. The geomembrane liner shall consist of 20-mil string reinforced LLDPE or equivalent liner material that the appropriate division district office approves. The geomembrane liner shall be composed of an impervious, synthetic material that is resistant to petroleum hydrocarbons, salts and acidic and alkaline solutions. The liner material shall be resistant to ultraviolet light. Liner compatibility shall comply with EPA SW-846 method 9090A.
(4) The operator shall
minimize liner seams and orient them up and down, not across a slope. The operator shall use factory welded seams where possible. Prior to field seaming, the operator shall
overlap liners four to six inches and orient seams parallel to the line of
maximum slope, i.e., oriented along,
not across, the slope. The operator
shall minimize the number of field seams in corners and irregularly
shaped areas. Qualified personnel shall
perform field seaming. The operator shall weld field liner seams.
(5) Construction shall
avoid excessive stress-strain on the liner.
(6)
Geotextile is required under the liner where needed to reduce localized
stress-strain or protuberances that may otherwise compromise the liner’s
integrity.
(7) The operator shall
anchor the edges of all liners in the bottom of a compacted earth-filled
trench. The anchor trench shall be at
least 18 inches deep.
(8) The operator shall
ensure that the liner is protected from any fluid force or mechanical damage at
any point of discharge into or suction from the lined temporary pit.
(9) The operator shall
design and construct a temporary pit to prevent run-on of surface water. A berm, ditch, proper sloping or other
diversion shall surround a temporary pit to prevent run-on of surface
water. During drilling operations, the
edge of the temporary pit adjacent to
the drilling or workover rig is not required to have run-on protection if the
operator is using the temporary pit to collect liquids escaping from the drilling
or workover rig and run-on will
not result in a breach of the temporary pit.
(10) The volume of a
temporary pit shall not exceed 10 acre-feet, including freeboard.
(11) The part of a
temporary pit used to vent or flare gas during a drilling or workover
operation that is designed to allow liquids to drain to a separate temporary pit does not require a liner,
unless the appropriate division district office requires an alternative design
in order to protect surface water,
ground water and the environment. The
operator shall not allow freestanding liquids to remain on the unlined portion
of a temporary pit used to vent or flare gas.
G. Permanent pits. The operator shall design and construct a permanent pit in accordance with the following requirements.
(1) Each permanent pit shall have a properly constructed foundation consisting of a firm, unyielding base, smooth and free of rocks, debris, sharp edges or irregularities to prevent the liner’s rupture or tear. The operator shall construct a permanent pit so that the inside grade of the levee is no steeper than two horizontal feet to one vertical foot (2H:1V). The levee shall have an outside grade no steeper than three horizontal feet to one vertical foot (3H:1V). The levee’s top shall be wide enough to install an anchor trench and provide adequate room for inspection and maintenance.
(2) Each permanent pit shall contain, at a minimum, a primary (upper) liner and a secondary (lower) liner with a leak detection system appropriate to the site’s conditions. The edges of all liners shall be anchored in the bottom of a compacted earth-filled trench. The anchor trench shall be at least 18 inches deep.
(3) The primary (upper) liner and secondary (lower) liner shall be geomembrane liners. The geomembrane liner shall consist of 30-mil flexible PVC or 60-mil HDPE liner, or an equivalent liner material the environmental bureau in the division’s Santa Fe office approves. The geomembrane liner shall have a hydraulic conductivity no greater than 1 x 10-9 cm/sec. The geomembrane liner shall be composed of an impervious, synthetic material that is resistant to petroleum hydrocarbons, salts and acidic and alkaline solutions. The liner material shall be resistant to ultraviolet light. Liner compatibility shall comply with EPA SW-846 method 9090A.
(4) The environmental
bureau in the division’s Santa Fe office may approve other liner media
if the operator demonstrates to the satisfaction of the environmental bureau in the division’s Santa Fe office that the
alternative liner protects fresh water, public health, safety and the
environment as effectively as the specified media.
(5) The operator shall minimize liner seams and orient them up and down, not across a slope. The operator shall use factory welded seams where possible. The operator shall ensure field seams in geosynthetic material are thermally seamed (hot wedge) with a double track weld to create an air pocket for non-destructive air channel testing. The operator shall test a seam by establishing an air pressure between 33 and 37 psi in the pocket and monitoring that the pressure does not change by more than one percent during five minutes after the pressure source is shut off from the pocket. Prior to field seaming, the operator shall overlap liners four to six inches and orient seams parallel to the line of maximum slope, i.e., oriented along, not across, the slope. The operator shall minimize the number of field seams in corners and irregularly shaped areas. There shall be no horizontal seams within five feet of the slope’s toe. Qualified personnel shall perform field seaming.
(6)
At a point of discharge into
or suction from the lined permanent
pit, the operator shall ensure that the liner is protected from excessive
hydrostatic force or mechanical damage.
External discharge or suction lines shall not penetrate the liner.
(7) The operator shall place a leak detection system between the upper and lower geomembrane liners that consists of two feet of compacted soil with a saturated hydraulic conductivity of 1 x 10-5 cm/sec or greater to facilitate drainage. The leak detection system shall consist of a properly designed drainage and collection and removal system placed above the lower geomembrane liner in depressions and sloped to facilitate the earliest possible leak detection. Piping used shall be designed to withstand chemical attack from oil field waste or leachate; structural loading from stresses and disturbances from overlying oil field waste, cover materials, equipment operation or expansion or contraction; and to facilitate clean-out maintenance. The material the operator places between the pipes and laterals shall be sufficiently permeable to allow the transport of fluids to the drainage pipe. The slope of the interior sub-grade and of drainage lines and laterals shall be at least a two percent grade, i.e., two feet vertical drop per 100 horizontal feet. The piping collection system shall be comprised of solid and perforated pipe having a minimum diameter of four inches and a minimum wall thickness of schedule 80. The operator shall seal a solid sidewall riser pipe to convey collected fluids to a collection, observation and disposal system located outside the permanent pit’s perimeter. The operator may install alternative methods that the environmental bureau in the division’s Santa Fe office approves.
(8) The operator shall
notify the environmental bureau in the division’s Santa Fe office at least 72
hours prior to the primary liner’s installation so that a representative of the
environmental bureau in the division’s Santa Fe office may inspect the leak detection system before
it is covered.
(9) The operator shall construct a permanent pit in a manner that prevents overtopping due to wave action or rainfall and maintain a three foot freeboard at all times.
(10) The volume of a
permanent pit shall not exceed 10 acre-feet, including freeboard.
(11) The operator shall maintain a permanent pit to prevent run-on of surface water. A permanent pit shall be surrounded by a berm, ditch or other diversion to prevent run-on of surface water.
H. Closed-loop
systems.
(1) The operator shall design and construct a closed-loop system to ensure the confinement of oil, gas or water to prevent uncontrolled releases.
(2) An operator of a
closed-loop system that uses temporary pits for solids management shall comply
with the requirements for temporary pits specified in 19.15.17 NMAC.
(3) An operator of a
closed-loop system with drying pads shall design and construct the drying pads to include the following:
(a)
appropriate liners that prevent the contamination of fresh water and
protect public health and the environment;
(b)
sumps to facilitate the collection of liquids derived from drill
cuttings; and
(c)
berms that prevent run-on of surface water or fluids.
I. Below-grade
tanks. The operator shall design
and construct a below-grade tank in accordance with the following requirements, as applicable.
(1) The operator shall ensure that a below-grade tank is constructed of materials resistant to the below-grade tank’s particular contents and resistant to damage from sunlight.
(2) A below-grade tank system shall have a properly constructed foundation consisting of a level base free of rocks, debris, sharp edges or irregularities to prevent punctures, cracks or indentations of the liner or tank bottom.
(3) The operator shall
construct a below-grade tank to prevent overflow and the collection of surface
water run-on.
(4) An operator shall
construct a below-grade tank in accordance with one of the following designs.
(a)
An operator may construct and use a below-grade tank that does not have
double walls provided that the below-grade tank’s side walls are open for
visual inspection for leaks, the below-grade tank’s bottom is elevated a
minimum of six inches above the underlying ground surface and the below-grade
tank is underlain with a geomembrane liner, which may be covered with gravel,
to divert leaked liquid to a location that can be visually inspected. The
operator shall equip below-grade tanks designed in this manner with a properly
operating automatic high-level shut-off control device and manual controls to
prevent overflows. The geomembrane liner
shall consist of 30-mil flexible PVC or 60-mil HDPE liner, or an
equivalent liner material that the appropriate division district office
approves. The geomembrane liner shall
have a hydraulic conductivity no greater than 1 x 10-9 cm/sec. The geomembrane liner
shall be composed of an impervious, synthetic material that is resistant
to petroleum hydrocarbons, salts and acidic and alkaline solutions. The liner material shall be resistant to
ultraviolet light. Liner compatibility
shall comply with EPA SW-846 method 9090A.
(b) All other below-grade tanks, in which the
side walls are not open for visible inspection for leaks shall be double walled
with leak detection capability.
(c)
An operator may construct a below-grade tank according to an
alternative system that the appropriate district office approves based upon the
operator’s demonstration that the alternative provides equivalent or better
protection.
(5) The operator of a
below-grade tank constructed and installed prior to June 16, 2008 that does not
meet all the requirements in Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC and is not included in Paragraph (6) of Subsection I of
19.15.17.11 NMAC is not required to equip or retrofit the below-grade
tank to comply with Paragraphs (1) through (4) of Subsection I of 19.15.17.11
NMAC so long as it demonstrates integrity. If the existing below-grade tank does not
demonstrate integrity, the operator shall promptly remove that below-grade
tank and install a below-grade tank
that complies with Paragraphs (1) through (4) of Subsection I of 19.15.17.11
NMAC. The operator shall comply with the
operational requirements of 19.15.17.12 NMAC.
(6) The operator of a below-grade
tank constructed and installed prior to June 16, 2008 that is single walled and
where any portion of the tank sidewall is below the ground surface and not
visible shall equip or retrofit the below-grade tank to comply with Paragraphs
(1) through (4) of Subsection I of 19.15.17.11 NMAC, or close it, within five years after June
16, 2008. If the existing below-grade
tank does not demonstrate integrity, the operator shall promptly remove that
below-grade tank and install a below-grade tank that complies with Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC. The operator shall
comply with the operational requirements of 19.15.17.12 NMAC.
J. On-site trenches for closure. The operator shall design and construct an on-site trench for closure, specified in Paragraph (2) of Subsection B of 19.15.17.13 NMAC or Paragraph (2) of Subsection D of 19.15.17.13 NMAC, in accordance with the following requirements.
(1) The operator shall
locate the trench to satisfy the siting criteria specified in Subsection C of
19.15.17.10 NMAC and Subparagraph (d) of Paragraph (3) of Subsection F of 19.15.17.13 NMAC and excavate to an
appropriate depth that allows for the installation of the geomembrane bottom
liner, geomembrane liner cover and the division-prescribed soil cover required
pursuant to Subsection H of 19.15.17.13 NMAC.
(2) An
on-site trench shall have a properly constructed foundation and side walls
consisting of a firm, unyielding base, smooth and free of rocks, debris, sharp
edges or irregularities to prevent the liner’s rupture or tear.
(3) Geotextile is required under
the liner where needed to reduce localized stress-strain or protuberances that
may otherwise compromise the liner’s integrity.
(4) An on-site trench shall be constructed with a geomembrane liner. The geomembrane shall consist of a 20-mil string reinforced LLDPE liner or equivalent liner that the appropriate division district office approves. The geomembrane liner shall be composed of an impervious, synthetic material that is resistant to petroleum hydrocarbons, salts and acidic and alkaline solutions. The liner material shall be resistant to ultraviolet light. Liner compatibility shall comply with EPA SW-846 method 9090A.
(5) The operator shall
minimize liner seams and orient them up and down, not across a
slope. The operator shall use factory welded seams where possible. Prior to field seaming, the operator shall
overlap liners four to six inches and orient liner seams parallel to the line
of maximum slope, i.e., oriented
along, not across, the slope. The
operator shall minimize the number of field seams in corners and irregularly
shaped areas. Qualified personnel shall
perform field seaming. The operator
shall weld field liner seams.
(6) The operator shall
install sufficient liner material to reduce stress-strain on the liner.
(7) The operator shall ensure that the outer edges of all liners are secured for the placement of the excavated waste material into the trench.
(8) The operator shall
fold the outer edges of the trench liner to overlap the waste material in the
trench prior to the installation of the geomembrane cover.
(9) The operator shall
install a geomembrane cover over the waste material in the lined trench.
The operator shall install the geomembrane cover in a manner that
prevents the collection of infiltration water in the lined trench and on the
geomembrane cover after the soil cover is in place.
(10) The geomembrane cover shall consist of a 20-mil string reinforced LLDPE liner or equivalent cover that the appropriate division district office approves. The geomembrane cover shall be composed of an impervious, synthetic material that is resistant to petroleum hydrocarbons, salts and acidic and alkaline solutions. Cover compatibility shall comply with EPA SW-846 method 9090A.
[19.15.17.11 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 12/1/08; A, 7/16/09]
19.15.17.12 OPERATIONAL
REQUIREMENTS:
A. General
specifications. An operator shall
maintain and operate a pit, closed-loop system, below-grade tank or sump in
accordance with the following requirements.
(1) The operator shall
operate and maintain a pit, closed-loop system, below-grade tank or sump to
contain liquids and solids and maintain the integrity of the liner, liner
system or secondary containment system, prevent contamination of fresh water
and protect public health and the environment.
(2) The operator shall
recycle, reuse or reclaim or dispose of all drilling fluids in a manner,
approved by division rules, that prevents the contamination of fresh water and
protects public health and the environment.
(3) The operator shall
not discharge into or store any hazardous waste in a pit, closed-loop system,
below-grade tank or sump.
(4) If any pit liner’s
integrity is compromised, or if any penetration of the liner occurs above the
liquid’s surface, then the operator shall notify the appropriate division
district office within 48 hours of the discovery and repair the damage or
replace the liner.
(5) If a pit, below-grade
tank, closed-loop system or sump develops a leak, or if any penetration of the
pit liner, below-grade tank, closed-loop system or sump occurs below the
liquid’s surface, then the operator shall remove all liquid above the damage or
leak line within 48 hours, notify the appropriate division district office
within 48 hours of the discovery and repair the damage or replace the pit
liner, below-grade tank, closed-loop system or sump.
(6) The injection or
withdrawal of liquids from a pit shall be accomplished through a header,
diverter or other hardware that prevents damage to the liner by erosion, fluid
jets or impact from installation and removal of hoses or pipes.
(7) The operator shall operate and install a
pit, below-grade tank or sump to prevent the collection of surface water
run-on.
(8) The operator shall
install, or maintain on site, an oil absorbent boom or other device to contain
and remove oil from a pit’s surface.
B. Temporary
pits. An operator shall maintain and
operate a temporary pit in accordance with the following additional
requirements.
(1) Only fluids used or
generated during the drilling or workover process may be discharged into a
temporary pit. The operator shall
maintain a temporary pit free of miscellaneous solid waste or debris. The operator shall use a tank made of steel
or other material, which the appropriate division district office approves, to
contain hydrocarbon-based drilling fluids.
Immediately after cessation of a drilling or workover operation, the
operator shall remove any visible or measurable layer of oil from the surface
of a drilling or workover pit.
(2) The operator shall
maintain at least two feet of freeboard for a temporary pit.
(3) The operator shall
inspect a temporary pit containing drilling fluids at least daily while the
drilling or workover rig is on-site.
Thereafter, the operator shall inspect the temporary pit weekly so long
as liquids remain in the temporary pit.
The operator shall maintain a log of such inspections and make the log
available for the appropriate division district office’s review upon
request. The operator shall file a copy
of the log with the appropriate division district office when the operator
closes the temporary pit.
(4) The operator shall
remove all free liquids from a temporary pit within 30 days from the date that
the operator releases the drilling or workover rig. The operator shall note the date of the
drilling or workover rig’s release on form C-105 or C-103 upon well or workover
completion. The appropriate division
district office may grant an extension of up to three months.
(5) The operator shall
remove any liquids from the temporary pit used for cavitation within 48 hours
after completing cavitation. The
operator may request and receive additional time to remove the liquids from the
temporary pit used for cavitation if the operator demonstrates to the
appropriate division district office’s satisfaction that it is not feasible to
access the location with 48 hours.
C. Permanent
pits. An operator shall maintain and
operate a permanent pit in accordance with the following additional
requirements.
(1) The operator shall
maintain at least three feet of freeboard for a permanent pit; the operator
shall permanently mark such level on the permanent pit.
(2) No oil or floating hydrocarbon shall be
present in a permanent pit.
D. Below-grade
tanks. An operator shall maintain and
operate a below-grade tank in accordance with the following additional
requirements.
(1) The operator shall
not allow a below-grade tank to overflow or allow surface water run-on to enter
the below-grade tank.
(2) The operator shall
remove any visible or measurable layer of oil from the fluid surface of a
below-grade tank.
(3) The operator shall
inspect the below-grade tank at least monthly and maintain a written record of
each inspection for five years.
(4) The operator shall
maintain adequate freeboard to prevent overtopping of the below-grade tank.
(5) The operator of a
below-grade tank constructed and installed prior to June 16, 2008 that does not
meet the requirements of Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC who discovers that the below-grade tank does not demonstrate
integrity or that the below-grade tank develops any of the conditions
identified in Paragraph (5) of Subsection A of 19.15.17.12 NMAC shall close the
existing below-grade tank pursuant to the closure requirements of 19.15.17.13
NMAC and install a below-grade tank that complies with the requirements of
Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC.
(6) The operator of a
below-grade tank constructed and installed prior to June 16, 2008 that does not
comply with Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC who
equips or retrofits the existing tank to comply with Paragraphs (1) through (4)
of Subsection I of 19.15.17.11 NMAC shall visually inspect the area beneath the
below-grade tank during the retrofit and document any areas that are wet,
discolored or showing other evidence of a release on form C-141. The operator shall demonstrate to the
division whether the evidence of contamination indicates that an imminent
threat to fresh water, public health, safety or the environment exists. If the division determines that the
contamination does not pose an imminent threat to fresh water, public health,
safety or the environment, the operator shall complete the retrofit or the
replacement of the below-grade tank. If
the operator or division determines that the contamination poses an imminent
threat to fresh water, public health, safety or the environment, then the
operator shall close the existing below-grade tank pursuant to the closure
requirements of 19.15.17.13 NMAC prior to initiating the retrofit or
replacement.
E. Sumps. The operator shall maintain and operate a
sump in accordance with the following additional requirements.
(1) The operator shall
visually inspect a sump’s integrity annually and promptly repair or replace a
sump that fails the inspection.
(2) The operator shall
maintain records of sump inspection and make the records available for the
appropriate division district office’s review upon request.
[19.15.17.12 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 7/16/09]
19.15.17.13 CLOSURE
REQUIREMENTS:
A. Time requirements for closure. An operator shall close a pit, closed-loop system or below-grade tank within the time periods provided in 19.15.17.13 NMAC, or by an earlier date that the division requires because of imminent danger to fresh water, public health or the environment.
(1) An operator shall
cease discharging into an existing
unlined permanent pit that is permitted by or registered with the division
within two years after June 16, 2008. An
operator shall close an existing unlined permanent pit that is permitted by or
registered with the division within
three years after June 16, 2008.
(2) An operator shall
cease discharging into an existing, lined or unlined, permanent pit that is not
permitted by or registered with the division on or by June 16, 2008. An operator shall close an existing,
lined or unlined, permanent pit that is not permitted by or registered with the
division within six months after June
16, 2008.
(3) An operator shall
close an existing unlined temporary pit within three months after June
16, 2008.
(4) An operator shall close an existing
below-grade tank that does not meet the requirements of Paragraphs (1) through
(4) of Subsection I of 19.15.17.11 NMAC or is not included in Paragraph (5) of
Subsection I of 19.15.17.11 NMAC within
five years after June 16, 2008, if not retrofitted to comply with Paragraphs
(1) through (4) of Subsection I of 19.15.17.11 NMAC.
(5) An operator shall
close an existing below-grade tank that does not meet the requirements of
Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC, if not
retrofitted to comply with Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC, prior to any sale or change of operator pursuant to 19.15.9.9
NMAC.
(6) An operator shall
close any other permitted permanent pit within 60 days of cessation of
operation of the permanent pit in accordance
with a closure plan that the environmental bureau in the division’s Santa Fe
office approves.
(7) An operator shall
close any other permitted temporary pit within six months from the date that the operator releases the drilling or
workover rig. The appropriate division
district office may grant an extension not to exceed three months.
(8) An operator shall
close a drying pad used for a closed-loop system permitted under
19.15.17 NMAC or in operation on June
16, 2008, within six months from the date that the operator releases the
drilling or workover rig. The operator
shall note the date of the drilling or workover rig’s release on form C-105 or
C-103, filed with the division,
upon the well’s or workover’s completion.
The appropriate division district office may grant an extension not to
exceed six months.
(9) An operator shall
close a permitted below-grade tank within 60 days of cessation of the
below-grade tank’s operation or as required by the transitional provisions of
Subsection B of 19.15.17.17 NMAC in
accordance with a closure plan that the appropriate division district office
approves.
B. Closure methods
for temporary pits. The operator
of a temporary pit shall remove all liquids from the temporary pit prior to
closure and dispose of the liquids in a division-approved facility or recycle,
reuse or reclaim the liquids in a manner that the appropriate division district
office approves. The operator shall
close the temporary pit by one of the
following methods.
(1) Waste excavation and
removal.
(a) The operator shall close the temporary pit by excavating all contents and, if applicable, synthetic pit liners and transferring those materials to a division-approved facility.
(b)
The operator shall test the soils beneath the temporary pit to determine
whether a release has occurred.
(i) For temporary pits where ground water is between 50 and 100 feet below the bottom of the temporary pit or for cavitation pits allowed pursuant to Subparagraph (a) of Paragraph (1) of Subsection A of 19.15.17.10 NMAC, the operator shall collect, at a minimum, a five point, composite sample; collect individual grab samples from any area that is wet, discolored or showing other evidence of a release; and analyze for benzene, total BTEX, TPH, the GRO and DRO combined fraction and chlorides to demonstrate that benzene, as determined by EPA SW-846 method 8021B or 8260B or other EPA method that the division approves, does not exceed 0.2 mg/kg; total BTEX, as determined by EPA SW-846 method 8021B or 8260B or other EPA method that the division approves, does not exceed 50 mg/kg; TPH, as determined by EPA SW-846 method 418.1 or other EPA method that the division approves, does not exceed 2500 mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846 method 8015M, does not exceed 500 mg/kg; and chlorides, as determined by EPA method 300.1, do not exceed 500 mg/kg or the background concentration, whichever is greater. The operator shall notify the division of its results on form C-141. The division may require additional delineation upon review of the results.
(ii)
For temporary pits where ground water is more than 100 feet below the
bottom of the temporary pit, the operator shall collect, at a minimum, a five
point, composite sample; collect individual grab samples from any area
that is wet, discolored or showing other evidence of a release; and analyze for
benzene, total BTEX, TPH, the GRO and
DRO combined fraction and chlorides to demonstrate that benzene, as determined
by EPA SW-846 method 8021B or 8260B or other EPA method that the division
approves, does not exceed 0.2 mg/kg; total BTEX, as determined by EPA SW-846
method 8021B or 8260B or other method that the division approves, does not
exceed 50 mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846
method 8015M, does not exceed 500
mg/kg; the TPH, as determined by EPA method 418.1 or other EPA method that the
division approves, does not exceed 2500 mg/kg; and chlorides, as determined by
EPA method 300.1, do not exceed 1000 mg/kg or the background concentration, whichever is greater. The operator shall notify the division of its
results on form C-141. The division may
require additional delineation upon review of the results.
(c) If the operator or the
division determines that a release has occurred, then the operator shall comply
with 19.15.29 NMAC and 19.15.30 NMAC, as appropriate.
(d) If the sampling program demonstrates that
a release has not occurred or that any
release does not exceed the concentrations specified in Subparagraph (b) of
Paragraph (1) of Subsection B of 19.15.17.13 NMAC, then the operator shall
backfill the temporary pit excavation with compacted, non-waste containing,
earthen material; construct a division-prescribed
soil cover; recontour and re-vegetate the site.
The division-prescribed soil cover, recontouring and re-vegetation
requirements shall comply with Subsections G, H and I of 19.15.17.13 NMAC.
(2)
On-site burial. The operator
shall demonstrate and comply with the siting requirements in Subsection C of
19.15.17.10 NMAC and the closure requirements and standards of Subsection F of
19.15.17.13 NMAC if the proposed closure method of a temporary pit involves on-site burial.
(3) Alternative closure
methods. If the environmental bureau in
the division’s Santa Fe office grants an exception approving a closure method
for a specific temporary pit other than as specified in Paragraphs (1)
or (2) of Subsection B of 19.15.17.13 NMAC, then the operator shall close that temporary pit by the method
that the environmental bureau in the division’s Santa Fe office approves.
C. Closure method
for permanent pits.
(1)
The operator shall remove all liquids and BS&W from the permanent
pit prior to implementing a closure method and shall dispose of the liquids and
BS&W in a division-approved facility.
(2) The operator shall
remove the pit liner system, if applicable, and dispose of it in a
division-approved facility. If there is
on-site equipment associated with permanent
pit, the operator shall remove the equipment, unless the equipment is required
for some other purpose.
(3) The operator shall test the soils beneath the permanent pit to determine whether a release has occurred. The operator shall collect, at a minimum, a five point, composite sample; collect individual grab samples from any area that is wet, discolored or showing other evidence of a release; and analyze for BTEX, TPH and chlorides to demonstrate that the benzene concentration, as determined by EPA SW-846 methods 8021B or 8260B or other EPA method that the division approves, does not exceed 0.2 mg/kg; total BTEX concentration, as determined by EPA SW-846 methods 8021B or 8260B or other EPA method that the division approves, does not exceed 50 mg/kg; the TPH concentration, as determined by EPA method 418.1 or other EPA method that the division approves, does not exceed 100 mg/kg; and the chloride concentration, as determined by EPA method 300.1 or other EPA method that the division approves, does not exceed 250 mg/kg, or the background concentration, whichever is greater. The operator shall notify the division of its results on form C-141. The division may require additional delineation upon review of the results.
(4) If the operator or the division determines that a release has occurred, then the operator shall comply with 19.15.29 NMAC and 19.15.30 NMAC, as appropriate.
(5) If the sampling
program demonstrates that a release has not occurred or that any release does
not exceed the concentrations specified in Paragraph (3) of Subsection C
of 19.15.17.13 NMAC, then the operator
shall backfill the excavation with compacted, non-waste containing, earthen
material; construct a division-prescribed soil cover; recontour and re-vegetate
the site. The division-prescribed soil
cover, recontouring and re-vegetation requirements shall comply with Subsections G, H and I of 19.15.17.13 NMAC.
D. Closure methods
for closed-loop systems. An operator of
a closed-loop system that uses a temporary pit, in lieu of a drying pad, shall
comply with the closure requirements for temporary pits specified in
Subsection B of 19.15.17.13 NMAC. The
operator of a closed-loop system that
uses a drying pad shall close the system by one of the following methods.
(1) Waste removal.
(a)
The operator shall transfer the waste and the drying pad liner to a
division-approved facility.
(b)
The operator shall substantially restore and re-vegetate the impacted
area’s surface in accordance with Subsections G, H and I of 19.15.17.13
NMAC.
(2) On-site burial. The operator shall demonstrate and comply
with the siting requirements of Subsection C of 19.15.17.10 NMAC and the
closure requirements and standards of Subsection F of 19.15.17.13 NMAC
if the proposed closure method of a drying pad associated with a closed-loop
system involves on-site burial.
(3) Alternative closure
methods. If the environmental bureau in
the division’s Santa Fe office grants an exception approving a closure
method for a specific closed-loop system other than as specified in Paragraphs
(1) or (2) of Subsection D of 19.15.17.13 NMAC, then the operator shall close that drying pad associated with a
closed-loop system by the method the environmental bureau in the division’s Santa Fe office approves.
E. Closure method
for below-grade tanks.
(1) The operator shall
remove liquids and sludge from a below-grade tank prior to implementing a
closure method and shall dispose
of the liquids and sludge in a division-approved facility.
(2) The operator shall remove the below-grade tank and dispose of it in a division-approved facility or recycle, reuse, or reclaim it in a manner that the appropriate division district office approves.
(3) If there is any
on-site equipment associated with a below-grade tank, then the operator shall
remove the equipment, unless the equipment is required for some other purpose.
(4) The operator shall test the soils beneath the below-grade tank to determine whether a release has occurred. The operator shall collect, at a minimum, a five point, composite sample; collect individual grab samples from any area that is wet, discolored or showing other evidence of a release; and analyze for BTEX, TPH and chlorides to demonstrate that the benzene concentration, as determined by EPA SW-846 methods 8021B or 8260B or other EPA method that the division approves, does not exceed 0.2 mg/kg; total BTEX concentration, as determined by EPA SW-846 methods 8021B or 8260B or other EPA method that the division approves, does not exceed 50 mg/kg; the TPH concentration, as determined by EPA method 418.1 or other EPA method that the division approves, does not exceed 100 mg/kg; and the chloride concentration, as determined by EPA method 300.1 or other EPA method that the division approves, does not exceed 250 mg/kg, or the background concentration, whichever is greater. The operator shall notify the division of its results on form C-141. The division may require additional delineation upon review of the results.
(5) If the operator or the division determines that a release has occurred, then the operator shall comply with 19.15.29 NMAC and 19.15.30 NMAC, as appropriate.
(6) If the sampling
program demonstrates that a release has not occurred or that any release does
not exceed the concentrations specified in Paragraph (4) of Subsection E of 19.15.17.13
NMAC, then the operator shall backfill
the excavation with compacted, non-waste containing, earthen material;
construct a division-prescribed soil cover; recontour and re-vegetate the
site. The division-prescribed soil
cover, recontouring and re-vegetation requirements shall comply with Subsections G, H and I of 19.15.17.13 NMAC.
F. On-site closure
methods. The following closure
requirements and standards apply if the operator proposes a closure method for
a drying pad associated with a closed-loop system or a temporary pit pursuant to Paragraph (2) of Subsection D of
19.15.17.13 NMAC or Paragraph (2) of Subsection B of 19.15.17.13 NMAC that
involves on-site burial, or an alternative closure method pursuant to Paragraph
(3) of Subsection D of 19.15.17.13 NMAC or Paragraph (3) of Subsection B of 19.15.17.13 NMAC and Subsection B of
19.15.17.15 NMAC.
(1) General requirements.
(a) Any proposed on-site closure method shall comply with the siting criteria specified in Subsection C of 19.15.17.10 NMAC.
(b)
The operator shall provide the surface owner notice of the operator’s
proposal of an on-site closure method.
The operator shall attach the proof of notice to the permit
application.
(c)
The operator shall comply with the closure requirements and standards of
Paragraphs (2) and (3), as applicable, of Subsection F of 19.15.17.13 NMAC if
the proposed closure method for a drying pad associated with a
closed-loop system or for a temporary
pit involves on-site burial pursuant to Paragraph (2) of Subsection D of
19.15.17.13 NMAC or Paragraph (2) of Subsection B of 19.15.17.13 NMAC, or
involves an alternative closure method pursuant to Paragraph (3) of
Subsection D of 19.15.17.13 NMAC or
Paragraph (3) of Subsection B of 19.15.17.13 NMAC and Subsection B of
19.15.17.15 NMAC.
(d)
The operator shall place a steel marker at the center of an on-site
burial. The steel marker shall be
not less than four inches in diameter and shall be cemented in a three-foot
deep hole at a minimum. The steel marker shall extend at least four
feet above mean ground level and at least three feet below ground level. The operator name, lease name and well
number and location, including unit letter, section, township and range, and that the marker designates an on-site
burial location shall be welded, stamped or otherwise permanently engraved into
the metal of the steel marker. A person
shall not build permanent structures over an on-site burial without the
appropriate division district office’s written approval. A person shall not remove an on-site burial
marker without the division’s written permission.
(e) The operator shall report
the exact location of the on-site burial on form C-105 filed with the division.
(f)
The operator shall file a deed notice identifying the exact location of
the on-site burial with the county clerk in the county where the on-site burial occurs.
(2) In-place burial.
(a)
Where the operator meets the siting criteria specified in Paragraphs (2)
or (3) of Subsection C of 19.15.17.10 NMAC and the applicable waste criteria specified in
Subparagraphs (c) or (d) of Paragraph (2) of Subsection F of 19.15.17.13 NMAC,
an operator may use in-place burial (burial in the existing temporary pit) for
closure of a temporary pit or bury the contents of a drying pad
associated with a closed-loop system in
a temporary pit that the operator constructs in accordance with Paragraphs (1)
through (6) and (10) of Subsection F of 19.15.17.11 NMAC for closure of a drying
pad associated with a closed loop system.
(b)
Prior to closing an existing temporary pit or to placing the contents
from a drying pad associated with a closed-loop system into a temporary pit
that the operator constructs for disposal, the operator shall stabilize
or solidify the contents to a bearing capacity sufficient to support the temporary pit’s final cover. The operator shall not mix the contents with
soil or other material at a mixing ratio of greater than 3:1, soil or other
material to contents.
(c) Where ground water will be
between 50 and 100 feet below the bottom of the buried waste, the operator
shall collect at a minimum, a five point, composite sample of the contents of
the drying pad associated with a closed-loop system or the contents of a
temporary pit after treatment or
stabilization, if treatment or stabilization is required, to demonstrate that
benzene, as determined by EPA SW-846 method 8021 B or 8260B, does not exceed
0.2 mg/kg; total BTEX, as determined by EPA SW-846 method 8021 B or
8260B, does not exceed 50 mg/kg; TPH, as determined by EPA SW-846 method 418.1
or other EPA method approved that the division approves, does not exceed 2500
mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846 method
8015M, does not exceed 500 mg/kg; and chlorides, as determined by EPA method
300.1, do not exceed 500 mg/kg or the
background concentration, whichever is greater.
The operator may collect the composite sample prior to treatment or
stabilization to demonstrate that the contents do not exceed these
concentrations. However, if the contents
collected prior to treatment or stabilization exceed the specified concentrations the operator shall collect a second five
point, composite sample of the contents after treatment or stabilization
to demonstrate that the contents do not exceed these concentrations.
(d)
Where the ground water will be more than 100 feet below the bottom of the
buried waste, the operator shall collect at a minimum, a five point,
composite sample of the contents of the drying pad associated with a
closed-loop system or the contents of a temporary pit after treatment or stabilization, if treatment or
stabilization is required, to demonstrate that benzene, as determined by
EPA SW-846 method 8021B or 8260B, does not exceed 0.2 mg/kg; total BTEX, as determined by EPA SW-846
method 8021B or 8260B, does not exceed 50 mg/kg; the GRO and DRO combined
fraction, as determined by EPA SW-846 method 8015M, does not exceed 500 mg/kg; TPH, as determined by EPA
method 418.1 or other EPA method that the division approves, does not exceed
2500 mg/kg; and chlorides, as determined by EPA method 300.1, do not exceed
1000 mg/kg or the background concentration, whichever is greater. The
operator may collect the composite sample prior to treatment or stabilization
to demonstrate that the contents do not exceed these concentrations. However, if the contents collected prior to
treatment or stabilization exceed the specified concentrations the operator shall collect a second five
point, composite sample of the contents after treatment or stabilization to
demonstrate that the contents do not exceed these concentrations.
(e) Upon closure of a temporary pit, or closure of a temporary pit that the
operator constructs for burial of the contents of a drying pad associated with
a closed-loop system, the operator shall cover the geomembrane lined, filled,
temporary pit with compacted, non-waste containing, earthen material;
construct a division-prescribed soil cover; recontour and re-vegetate the
site. The division-prescribed soil
cover, recontouring and re-vegetation shall comply with Subsections G, H and I of 19.15.17.13 NMAC.
(f)
For burial of the contents from a drying pad associated with a
closed-loop system, the operator shall construct a temporary pit, in accordance
with Paragraphs (1) through (6) and (10) of Subsection F of 19.15.17.11 NMAC,
within 100 feet of the drying pad associated with a closed-loop system,
unless the appropriate division district office approves an alternative
distance and location. The operator shall use a separate temporary
pit for closure of each drying pad associated with a closed-loop system.
(3) On-site trench
burial.
(a)
Where the operator meets the siting criteria in Paragraph (4) of
Subsection C of 19.15.17.10 NMAC, an operator may use on-site trench burial for
closure of a drying pad associated with a closed loop system or for closure of a temporary pit when the waste
meets the criteria in Subparagraph (c) of Paragraph (3) of Subsection F of
19.15.17.13 NMAC, provided that the operator certifies to the division that it
has given written notice to the surface owner that it intends to do so. The operator shall use a separate on-site
trench for closure of each drying pad associated with a closed-loop
system or each temporary pit.
(b) Prior to placing the
contents from a drying pad associated with a closed-loop system or from a
temporary pit into the trench, the operator shall stabilize or solidify
the contents to a bearing capacity sufficient to support the final cover of the trench burial. The operator shall not mix the contents with
soil or other material at a mixing ratio of greater than 3:1, soil or other
material to contents.
(c)
The operator shall collect at a minimum, a five point, composite sample
of the contents of the drying pad associated with a closed-loop system or of
the temporary pit to demonstrate that the TPH concentration, as determined by
EPA method 418.1 or other EPA method that
the division approves, does not exceed 2500 mg/kg. Using EPA SW-846 method 1312 or other EPA
leaching procedure that the division approves, the operator shall demonstrate
that (i) the chloride concentration, as determined by EPA method 300.1
or other EPA method that the division
approves, does not exceed 3000 mg/l or the background concentration, whichever
is greater, (ii) the concentrations of the inorganic water contaminants
specified in Subsection A of 20.6.2.3103 NMAC as determined by appropriate EPA
methods do not exceed the standards specified in Subsection A of 20.6.2.3103 NMAC or the background concentration,
whichever is greater, and (iii) the concentrations of the organic water
contaminants specified in Subsection A of 20.6.2.3103 NMAC as determined by
appropriate EPA methods do not exceed the standards specified in Subsection A
of 20.6.2.3103 NMAC, unless otherwise specified above. The operator may collect the composite sample
prior to treatment or stabilization to demonstrate that the contents do not
exceed these concentrations. However,
if the contents collected prior to
treatment or stabilization exceed the specified concentrations the operator
shall collect a second five point, composite sample of the contents after
treatment or stabilization to demonstrate that the contents do not exceed
these concentrations.
(d)
If the contents from a drying pad associated with a closed-loop system
or from a temporary pit do not exceed the criteria in Subparagraph (c) of
Paragraph (3) of Subsection F of 19.15.17.13 NMAC, the operator shall construct a trench lined
with a geomembrane liner located within 100 feet of the drying pad associated
with a closed-loop system or temporary pit, unless the appropriate division
district office approves an alternative distance and location. The operator shall design and construct the
lined trench in accordance with the design and construction requirements
specified in Paragraphs (1) through (8)
of Subsection J of 19.15.17.11 NMAC.
(e)
The operator shall close
each drying pad associated with a closed-loop system or temporary pit by excavating and transferring all contents and
synthetic pit liners or liner material associated with a closed-loop system or
temporary pit to a lined trench. The
excavated materials shall pass the paint filter liquids test (EPA
SW-846, method 9095) and the closure standards specified in Subparagraph (c) of Paragraph (3) of Subsection F of
19.15.17.13 NMAC.
(f)
The operator shall test the soils beneath the temporary pit after
excavation to determine whether a
release has occurred.
(i)
Where ground water is between 50 and 100 feet below the bottom of the
temporary pit, the operator shall collect, at a minimum, a five point,
composite sample; collect individual grab samples from any area that is wet,
discolored or showing other evidence of a release; and analyze for BTEX, TPH,
benzene, GRO and DRO combined fraction and chlorides to demonstrate that
benzene, as determined by EPA SW-846
method 8021B or 8260B, does not exceed 0.2 mg/kg; total BTEX, as determined by
EPA SW-846 method 8021B or 8260B, does not exceed 50 mg/kg; TPH, as determined
by EPA SW-846 method 418.1 or other EPA method approved that the
division approves, does not exceed 2500 mg/kg; the GRO and DRO combined
fraction, as determined by EPA SW-846 method 8015M, does not exceed 500 mg/kg;
and chlorides, as determined by EPA method 300.1, do not exceed 500 mg/kg or the background concentration,
whichever is greater. The operator shall notify the division of its
results on form C-141. The division may
require additional delineation upon review of the results. The operator shall notify the division of its
results on form C-141.
(ii) Where ground water is more than 100 feet below the bottom of the temporary pit, the operator shall collect at a minimum, a five point, composite sample; collect individual grab samples from any area that is wet, discolored or showing other evidence of a release; and analyze for BTEX, TPH, benzene, GRO and DRO combined fraction and chlorides to demonstrate that benzene, as determined by EPA SW-846 method 8021B or 8260B, does not exceed 0.2 mg/kg; total BTEX, as determined by EPA SW-846 method 8021B or 8260B, does not exceed 50 mg/kg; the GRO and DRO combined fraction, as determined by EPA SW-846 method 8015M, does not exceed 500 mg/kg; TPH, as determined by EPA method 418.1 or other EPA method that the division approves, does not exceed 2500 mg/kg; and chlorides, as determined by EPA method 300.1, do not exceed 1000 mg/kg or the background concentration, whichever is greater. The operator shall notify the division of its results on form C-141. The division may require additional delineation upon review of the results.
(g)
If the sampling program demonstrates that a release has not occurred or
that any release does not exceed the concentrations specified in Subparagraph
(c) of Paragraph (3) of Subsection F of 19.15.17.13 NMAC, then the
operator shall backfill the excavation with compacted, non-waste containing
earthen material; construct a division-prescribed soil cover; recontour and
re-vegetate the site. The
division-prescribed soil cover, recontouring and re-vegetation shall comply
with Subsections G, H and I of
19.15.17.13 NMAC.
(h)
If the operator or the division determines that a release has occurred,
then the operator shall comply with 19.15.29 NMAC and 19.15.30 NMAC, as
appropriate. The operator may propose to transfer the
excavated, contaminated soil into the lined trench.
(i)
The operator shall install a geomembrane cover over the excavated
material in the lined trench. The
operator shall design and construct the geomembrane cover in accordance with
the requirements specified in
Paragraphs (9) and (10) of Subsection J of 19.15.17.11 NMAC.
(j)
The operator shall cover the geomembrane lined and covered, filled, trench with compacted, non-waste
containing, earthen material; construct a division-prescribed soil cover;
recontour and re-vegetate the site. The
division-prescribed soil cover, recontouring and re-vegetation shall comply with
Subsections G, H and I of 19.15.17.13
NMAC.
G. Reclamation of
pit locations, on-site burial locations and drying pad locations.
(1) Once the operator has
closed a pit or trench or is no longer using a drying pad, below-grade tank
or an area associated with a closed-loop system, pit, trench or below-grade tank, the operator shall reclaim the pit
location, drying pad location, below-grade tank location or trench location and
all areas associated with the closed-loop system, pit, trench or below-grade tank including associated
access roads to a safe and stable condition that blends with the surrounding
undisturbed area. The operator shall
substantially restore the impacted surface area to the condition that existed
prior to oil and gas operations
by placement of the soil cover as provided in Subsection H of 19.15.17.13 NMAC,
recontour the location and associated areas to a contour that approximates the
original contour and blends with the surrounding topography and re-vegetate
according to Subsection I of
19.15.17.13 NMAC.
(2) The operator may
propose an alternative to the re-vegetation requirement if the operator
demonstrates that the proposed alternative effectively prevents erosion, and
protects fresh water, human health and the environment. The proposed alternative shall be agreed upon
by the surface owner. The operator shall
submit the proposed alternative, with written documentation that the surface
owner agrees to the alternative, to the
division for approval.
H. Soil cover
designs.
(1) The soil cover for
closures where the operator has removed the pit contents or remediated the
contaminated soil to the division’s satisfaction shall consist of the
background thickness of topsoil or one foot of suitable material to establish vegetation at the site, whichever is
greater.
(2) The soil cover for
burial-in-place or trench burial shall consist of a minimum of four feet of
compacted, non-waste containing, earthen material. The soil cover shall include
either the background thickness of topsoil or one foot of suitable material to
establish vegetation at the site, whichever is greater.
(3) The operator shall construct the soil cover to the site’s existing grade and prevent ponding of water and erosion of the cover material.
I. Re-vegetation.
(1) The first growing season after the operator closes a pit or trench or is no longer using a drying pad, below-grade tank or an area associated with a closed-loop system, pit or below-grade tank including access roads, the operator shall seed or plant the disturbed areas.
(2) The operator shall
accomplish seeding by drilling on the contour whenever practical or by
other division-approved methods. The operator shall obtain vegetative cover
that equals 70% of the native perennial vegetative cover (un-impacted by
overgrazing, fire or other intrusion damaging to native vegetation) consisting
of at least three native plant species, including at least one grass,
but not including noxious weeds, and maintain that cover through two successive growing seasons. During the two growing seasons that prove
viability, there shall be no artificial irrigation of the vegetation.
(3) The operator shall
repeat seeding or planting until it successfully achieves the required
vegetative cover.
(4) When conditions are not favorable for the establishment of vegetation, such as periods of drought, the division may allow the operator to delay seeding or planting until soil moisture conditions become favorable or may require the operator to use additional cultural techniques such as mulching, fertilizing, irrigating, fencing or other practices.
(5) The operator shall
notify the division when it has seeded or planted and when it successfully
achieves re-vegetation.
J. Closure notice.
(1) The operator shall
notify the surface owner by certified mail, return receipt requested, that the operator plans to close a
temporary pit, a permanent pit, a below-grade tank or where the operator has
approval for on-site closure. Evidence
of mailing of the notice to the address of the surface owner shown in
the county tax records is sufficient to
demonstrate compliance with this requirement.
(2) The operator of a temporary pit or below-grade tank or an operator who is approved for on-site closure shall notify the appropriate division district office verbally or by other means at least 72 hours, but not more than one week, prior to any closure operation. The notice shall include the operator’s name and the location to be closed by unit letter, section, township and range. If the closure is associated with a particular well, then the notice shall also include the well’s name, number and API number.
(3) An operator of a
permanent pit shall notify the environmental bureau in the division’s Santa Fe
office at least 60 days prior to cessation of operations and provide a
proposed schedule for closure. If there
is no closure plan on file with the
environmental bureau in the division’s Santa Fe office applicable to the
permanent pit, the operator shall provide a closure plan with this
notice. Upon receipt of the notice and
proposed schedule, the environmental
bureau in the division’s Santa Fe office shall review the current closure plan
for adequacy and inspect the site.
K. Closure
report. Within 60 days of closure completion,
the operator shall submit a closure report on form C-144, with necessary
attachments to document all closure activities including sampling results;
information required by 19.15.17 NMAC; a plot plan; and details on
back-filling, capping and covering, where applicable. In the closure report, the operator shall
certify that all information in the report and attachments is correct and that
the operator has complied with all applicable closure requirements and
conditions specified in the approved closure plan. If the operator used a
temporary pit, the operator shall provide a plat of the pit location on form
C-105 within 60 days of closing the temporary pit.
[19.15.17.13 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 12/1/08; A, 7/16/09]
19.15.17.14 EMERGENCY
ACTIONS:
A. Permit not
required. In an emergency an operator
may construct a pit without a permit to contain fluids, solids or wastes, if an
immediate danger to fresh water, public health or the environment exists.
B. Construction
standards. The operator shall construct a
pit during an emergency, to the extent possible given the emergency, in a
manner that is consistent with the requirements for a temporary pit specified
in 19.15.17 NMAC and that prevents the contamination of fresh water and protect
public health and the environment.
C. Notice. The operator shall notify the appropriate
division district office as soon as possible (if possible before construction
begins) of the need for such pit’s construction.
D. Use and
duration. A pit constructed in an
emergency may be used only for the emergency’s duration. If the emergency lasts more than 48 hours,
then the operator shall seek the appropriate division district office’s approval
for the pit’s continued use. The
operator shall remove all fluids, solids or wastes within 48 hours after
cessation of use unless the appropriate division district office extends that
time period.
E. Emergency
pits. 19.15.17.14 NMAC does not
authorize construction or use of an emergency pit as defined in Subsection D of
19.15.17.7 NMAC. Construction or use of
any such pit requires a permit issued pursuant to 19.15.17 NMAC, unless the pit
is described in a spill prevention, control and countermeasure plan the EPA
requires, the operator removes all fluids from the pit within 48 hours and the
operator has filed a notice of the pit’s location with the appropriate division
district office.
[19.15.17.14 NMAC - Rn,
19.15.2.50 NMAC & A, 6/16/08]
19.15.17.15 EXCEPTIONS:
A. General
exceptions.
(1) The operator may apply to the environmental bureau in the division’s Santa Fe office for an exception to a requirement or provision of 19.15.17 NMAC other than the permit requirements of 19.15.17.8 NMAC; the exception requirements of 19.15.17.15 NMAC; or the permit approval, condition, denial, revocation, suspension, modification or transfer requirements of 19.15.17.16 NMAC. The environmental bureau in the division’s Santa Fe office may grant an exception from a requirement or provision of 19.15.17 NMAC, if the operator demonstrates to the satisfaction of the environmental bureau in the division’s Santa Fe office that the granting of the exception provides equivalent or better protection of fresh water, public health and the environment. The environmental bureau in the division’s Santa Fe office may revoke an exception after notice to the operator of the pit, closed-loop system, below-grade tank or proposed alternative and to the surface owner, and opportunity for a hearing, or without notice and hearing in event of an emergency involving imminent danger to fresh water, public health or the environment, subject to the provisions of NMSA 1978, Section 70-2-23, if the environmental bureau in the division’s Santa Fe office determines that such action is necessary to prevent the contamination of fresh water, or to protect public health or the environment.
(2) The operator shall
give written notice by certified mail, return receipt requested, to the surface
owner of record where the pit, closed-loop system, below-grade tank or proposed alternative is, or will be, located;
to surface owners of record within one-half mile of such location; to the
county commission of the county where the pit, closed-loop system, below-grade
tank or proposed alternative is, or will be, located; to the appropriate
city officials if the pit, closed-loop system,
below-grade tank or proposed alternative is, or will be, located within city
limits, within one-half mile of the city limits or within the city’s zoning and
planning jurisdiction; to affected federal or tribal or pueblo governmental agencies; and to such
other persons as the environmental bureau in the division’s Santa Fe office may
direct. Additionally, the operator shall
issue public notice by publication one time in a newspaper of general
circulation in the county where the pit, closed-loop system, below-grade tank or proposed alternative, is, or will be
located. Required written and public
notices require the environmental bureau in the division’s Santa Fe office’s
approval. The division shall
distribute notice of the application to persons who have requested notification
and shall post notice of the application on the division’s website.
(3) Any person wishing to comment on an application for an exception may file comments or request a hearing within 30 days after the later of the date when the applicant mails the notice required by Paragraph (2) of Subsection A of 19.15.17.15 NMAC or when the division distributes or posts the notice provided in Paragraph (2) of Subsection A of 19.15.17.15 NMAC. In a request for hearing, the person shall set forth the reasons why the division should hold a hearing.
(4) The environmental
bureau in the division’s Santa Fe office may grant the exception administratively
if the environmental bureau in the
division’s Santa Fe office receives no comments or requests for hearing within
the time for commenting established in Paragraph (3) of Subsection A of
19.15.17.15 NMAC. If the environmental
bureau in the division’s Santa Fe office receives a request for hearing and the director determines that the
request presents issues that have technical merit or that there is significant
public interest then the director may set the application for hearing. The director, however, may set any
application for hearing. If the environmental bureau in the division’s Santa
Fe office schedules a hearing on an application, the hearing shall be conducted
according to the procedures in 19.15.4 NMAC.
(5) If
the director does not determine that a hearing is necessary due to technical
merit, significant public interest or otherwise then the environmental bureau
in the division’s Santa Fe office may grant the exception without a hearing
notwithstanding the filing of a request
for hearing. If, however, the
environmental bureau in the division’s Santa Fe office determines to deny the
exception, then it shall notify the operator of its determination by certified
mail, return receipt requested,
and if the operator requests a hearing within 10 days after receipt of such
notice shall set the matter for hearing, with notice to the operator and to any
party who has filed a comment or requested a hearing.
B. Alternative
closure methods. The operator of
a temporary pit or a closed-loop system may apply to the environmental bureau
in the division’s Santa Fe office for an exception to the closure methods
specified in Paragraphs (1) and (2) of Subsection B of 19.15.17.13 NMAC or Paragraphs
(1) and (2) of Subsection D of 19.15.17.13 NMAC. The environmental
bureau in the division’s Santa Fe office may grant the proposed exception if
all of the following requirements are met.
(1) The operator
demonstrates that the proposed alternative method protects fresh water, public health and the
environment.
(2) The operator shall remove liquids prior to implementing a closure method and dispose of the liquids in a division-approved facility or recycle or reuse the liquids in a manner that the environmental bureau in the division’s Santa Fe office approves.
(3) The operator
demonstrates to the satisfaction of the environmental bureau in the division’s
Santa Fe office that any proposed alternative closure method will
implement one or more of the following
practices: waste minimization; treatment
using best demonstrated available technology; reclamation; reuse; recycling; or
reduction in available contaminant concentration; and subject to such conditions
as the environmental bureau in the
division’s Santa Fe office deems necessary in order to protect fresh water,
public health and the environment.
(4) The provisions of Subsection A of 19.15.17.15 NMAC shall apply to applications for exceptions pursuant to Subsection B of 19.15.17.15 NMAC.
[19.15.17.15 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 12/1/08]
19.15.17.16 PERMIT
APPROVALS, CONDITIONS, DENIALS, REVOCATIONS, SUSPENSIONS, MODIFICATIONS OR
TRANSFERS:
A. The division
shall review all applications to permit facilities subject to 19.15.17 NMAC,
and may approve, deny or approve an application with conditions. If the division denies an application or
approves the application subject to conditions not expressly provided by the
Oil and Gas Act or in 19.15 NMAC, then the division shall notify the applicant
by certified mail, return receipt requested, and shall set the matter for
hearing if the applicant so requests within 10 days after receipt of such notification.
B. Granting of
permit. The division shall issue a
permit upon finding that an operator has filed an acceptable application and
that the proposed construction, operation and closure of a pit, closed-loop
system, below-grade tank or proposed alternative will comply with applicable
statutes and rules and will not endanger fresh water, public health, safety or
the environment.
C. Conditions. The division may impose conditions or
requirements that it determines are necessary and proper for the protection of
fresh water, public health, safety or the environment. The division shall incorporate such
additional conditions or requirements into the permit.
D. Denial of
application. The division may deny an
application for a permit if it finds that the application and materials that
the operator submitted for consideration with the application do not
sufficiently demonstrate that the operator can construct, operate and close the
proposed pit, closed-loop system, below-grade tank or proposed alternative without
detriment to fresh water, public health, safety or the environment.
E. Revocation,
suspension or modification of a permit.
The operator may apply to the division for a modification of the permit
pursuant 19.15.17 NMAC. The operator
shall demonstrate that the proposed modification complies with the applicable
provisions of 19.15.17 NMAC. Any
modification that is equivalent to an exception of any paragraph of 19.15.17
NMAC shall be subject to the notice and approval procedures required for an
exception. The division may revoke,
suspend or impose additional operating conditions or limitations on a permit at
any time, after notice and opportunity for a hearing, if the division
determines that the operator or the permitted facility is in material breach of
any applicable statutes or rules, or that such action is necessary for the
protection of fresh water, public health or the environment. The division shall notify the operator by
certified mail, return receipt requested, of any intended revocation, suspension
or imposition of addition conditions, and the operator shall have 10 days after
receipt of notification to request a hearing.
The division may suspend a permit or impose additional conditions or
limitations without hearing in an emergency to forestall an imminent threat to
fresh water, public health, safety or the environment, subject to the
provisions of NMSA 1978, Section 70-2-23, as amended.
F. Transfer of a
permit. The operator shall not transfer
a permit without the division’s prior written approval. Except for existing below-grade tanks that do
not meet the requirements of Paragraphs (1) through (4) of Subsection I of
19.15.17.11 NMAC, the division's approval of an application to transfer a well
or other facility with which a permitted pit, below-grade tank or closed-loop
system is associated shall constitute approval of the transfer of the permit
for the pit, below-grade tank or closed-loop system. The operator of a below-grade tank
constructed and installed prior to June 16, 2008 shall close the existing
below-grade tank pursuant to the closure requirements of 19.15.17.13 NMAC or
complete the retrofit of the existing below-grade tank to comply with the
Paragraphs (1) through (4) of Subsection I of 19.15.17.11 NMAC prior to any
sale or change of operator pursuant to 19.15.9.9 NMAC. In all other cases, the operator and the
transferee shall apply for approval to transfer the permit to the division
office to which permit applications for the type of facility involved are
directed.
G. Division approvals. The division shall grant or confirm any
division approval authorized by a provision of 19.15.17 NMAC by written
statement. Written statements include
e-mail.
H. If the division
schedules a hearing on an application, the hearing shall be conducted according
to 19.15.14.1206 through 19.15.14.1215 NMAC.
[19.15.17.16 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 7/16/09]
19.15.17.17 TRANSITIONAL
PROVISIONS:
A. After June 16,
2008, the division shall not accept applications for permits for unlined temporary
pits.
B. An operator of
an existing operation that is required to close pursuant to Paragraphs (2) or
(3) of Subsection A of 19.15.17.13 NMAC shall submit a closure plan pursuant to
Subsection C of 19.15.17.9 NMAC to the division not later than 30 days after
June 16, 2008. An operator of an
existing operation that is required to close pursuant to Paragraphs (1) or (4)
of Subsection A of 19.15.17.13 NMAC shall submit a closure plan pursuant to
Subsection C of 19.15.17.9 NMAC to the division not later than six months after
June 16, 2008. An operator of an
existing operation that is required to close pursuant to Paragraph (5) of
Subsection A of 19.15.17.13 NMAC shall submit a closure plan pursuant to
Subsection C of 19.15.17.9 NMAC to the division prior to the time of requesting
a permit transfer. The division must
approve the closure plan and the operator must complete closure activities
pursuant to the closure requirements of 19.15.17.13 NMAC prior to any sale or
change of operator pursuant to 19.15.9.9 NMAC, unless otherwise approved by the
division.
C. By no later than
October 31, 2009, an operator of an existing lined permitted permanent pit
shall submit to the division a list of the lined permitted permanent pit or
pits of which it is the operator for registration purposes. The registration list shall include the
operator’s name, the name of the well or facility with which the lined
permitted permanent pit is associated, the API number or facility name, a legal
description, global positioning coordinates to the sixth decimal point, the
number of lined permitted permanent pits associated with the site and an
evaluation if a permit or permit modification is required. Within two years after June 16, 2008, an
operator of an existing lined permitted permanent pit shall request a
modification pursuant to Subsection E of 19.15.17.16 NMAC. Within two years after June 16, 2008, an
operator of an existing lined registered permanent pit shall apply to the
division for a permit pursuant to 19.15.17 NMAC. An operator of an existing lined, permitted
or registered, permanent pit shall comply with the construction requirements of
19.15.17.11 NMAC within 18 months after permit modification or issuance.
D. By no later than
October 31, 2009, an operator of an existing below-grade tank shall submit to
the division a list of the below-grade tank or tanks of which it is the
operator for registration purposes. The
registration list shall include the operator’s name, the name of the well or
facility with which the below-grade tank is associated, the API number or
facility name, a legal description, global positioning coordinates to the sixth
decimal point, the number of below-grade tanks associated with the site and an
evaluation if a permit or permit modification is required. An operator of an existing below-grade tank
shall apply for a permit or permit modification pursuant to 19.15.17 NMAC
within two years after June 16, 2008. An
operator of an existing below-grade tank shall comply with the construction
requirements of 19.15.17.11 NMAC or prior to any sale or change of operator
pursuant to 19.15.9.9 NMAC.
E. An operator of
an existing pit or below-grade tank permitted prior to June 16, 2008, may
continue to operate in accordance with such permits or orders, subject to the
following provisions.
(1) An operator of an
existing lined, permitted or registered, permanent pit shall comply with the
operational and closure requirements of 19.15.17.12 NMAC and 19.15.17.13 NMAC.
(2) An operator of an
existing, permitted or registered, temporary pit shall comply with the
operational and closure requirements of 19.15.17.12 NMAC and 19.15.17.13 NMAC.
(3) An operator of an
existing below-grade tank shall comply with the operational and closure
requirements of 19.15.17.12 NMAC and 19.15.17.13 NMAC.
(4) The operator shall
bring an existing below-grade tank that does not comply with the design and
construction requirements of 19.15.17.11 NMAC into compliance with those
requirements or close it within five years after June 16, 2008.
F. The operator
may continue to operate an existing closed-loop system without applying for a
permit, but the operator shall close such system in accordance with the closure
requirements of 19.15.17.13 NMAC.
G. An operator of
an existing sump shall comply with the operational requirements of 19.15.17.12
NMAC.
[19.15.17.17 NMAC -
Rn, 19.15.2.50 NMAC & A, 6/16/08; A, 7/16/09]
HISTORY OF
19.15.17 NMAC:
History of Repealed Material:
[RESERVED]
NMAC History:
That portion of
19.15.2 NMAC (19.15.2.50 NMAC) was renumbered, amended and replaced by 19.15.17
NMAC, Pits, Closed-Loop Systems, Below-Grade Tanks and Sumps, effective
6/16/2008.