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National
United States Regulations
40 CFR PART 435—OIL AND GAS EXTRACTION POINT SOURCE CATEGORY




PART 435—OIL AND GAS EXTRACTION POINT SOURCE CATEGORY


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Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342 and 1361.

Source: 44 FR 22075, Apr. 13, 1979, unless otherwise noted.

Subpart A—Offshore Subcategory
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Source: 58 FR 12504, Mar. 4, 1993, unless otherwise noted.

§ 435.10 Applicability; description of the offshore subcategory.
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The provisions of this subpart are applicable to those facilities engaged in field exploration, drilling, well production, and well treatment in the oil and gas industry which are located in waters that are seaward of the inner boundary of the territorial seas (“offshore”) as defined in section 502(g) of the Clean Water Act.

[61 FR 66123, Dec. 16, 1996]

§ 435.11 Specialized definitions.
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For the purpose of this subpart:

(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.

(b) Average of daily values for 30 consecutive days means the average of the daily values obtained during any 30 consecutive day period.

(c) Base fluid means the continuous phase or suspending medium of a drilling fluid formulation.

(d) Base fluid retained on cuttings as applied to BAT effluent limitations and NSPS refers to the American Petroleum Institute Recommended Practice 13B–2 supplemented with the specifications, sampling methods, and averaging method for retention values provided in Appendix 7 of Subpart A of this part.

(e) Biodegradation rate as applied to BAT effluent limitations and NSPS for drilling fluids and drill cuttings refers to the ISO 11734:1995 method: “Water quality—Evaluation of the ‘ultimate’ anaerobic biodegradability of organic compounds in digested sludge—Method by measurement of the biogas production (1995 edition)” supplemented with modifications in Appendix 4 of 40 CFR part 435, subpart A. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. A copy may also be inspected at EPA's Water Docket, 401 M Street SW., Washington, DC 20460.

(f) Daily values as applied to produced water effluent limitations and NSPS means the daily measurements used to assess compliance with the maximum for any one day.

(g) Deck drainage means any waste resulting from deck washings, spillage, rainwater, and runoff from gutters and drains including drip pans and work areas within facilities subject to this Subpart.

(h) Development facility means any fixed or mobile structure subject to this subpart that is engaged in the drilling of productive wells.

(i) Diesel oil refers to the grade of distillate fuel oil, as specified in the American Society for Testing and Materials Standard Specification for Diesel Fuel Oils D975–91, that is typically used as the continuous phase in conventional oil-based drilling fluids. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. A copy may also be inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(j) Domestic waste means materials discharged from sinks, showers, laundries, safety showers, eye-wash stations, hand-wash stations, fish cleaning stations, and galleys located within facilities subject to this Subpart.

(k) Drill cuttings means the particles generated by drilling into subsurface geologic formations and carried out from the wellbore with the drilling fluid. Examples of drill cuttings include small pieces of rock varying in size and texture from fine silt to gravel. Drill cuttings are generally generated from solids control equipment and settle out and accumulate in quiescent areas in the solids control equipment or other equipment processing drilling fluid (i.e., accumulated solids).

(1) Wet drill cuttings means the unaltered drill cuttings and adhering drilling fluid and formation oil carried out from the wellbore with the drilling fluid.

(2) Dry drill cuttings means the residue remaining in the retort vessel after completing the retort procedure specified in appendix 7 of subpart A of this part.

(l) Drilling fluid means the circulating fluid (mud) used in the rotary drilling of wells to clean and condition the hole and to counterbalance formation pressure. Classes of drilling fluids are:

(1) Water-based drilling fluid means the continuous phase and suspending medium for solids is a water-miscible fluid, regardless of the presence of oil.

(2) Non-aqueous drilling fluid means the continuous phase and suspending medium for solids is a water-immiscible fluid, such as oleaginous materials (e.g., mineral oil, enhanced mineral oil, paraffinic oil, C16–C18 internal olefins, and C8–C16 fatty acid/2-ethylhexyl esters).

(i) Oil-based means the continuous phase of the drilling fluid consists of diesel oil, mineral oil, or some other oil, but contains no synthetic material or enhanced mineral oil.

(ii) Enhanced mineral oil-based means the continuous phase of the drilling fluid is enhanced mineral oil.

(iii) Synthetic-based means the continuous phase of the drilling fluid is a synthetic material or a combination of synthetic materials.

(m) Enhanced mineral oil as applied to enhanced mineral oil-based drilling fluid means a petroleum distillate which has been highly purified and is distinguished from diesel oil and conventional mineral oil in having a lower polycyclic aromatic hydrocarbon (PAH) content. Typically, conventional mineral oils have a PAH content on the order of 0.35 weight percent expressed as phenanthrene, whereas enhanced mineral oils typically have a PAH content of 0.001 or lower weight percent PAH expressed as phenanthrene.

(n) Exploratory facility means any fixed or mobile structure subject to this Subpart that is engaged in the drilling of wells to determine the nature of potential hydrocarbon reservoirs.

(o) Formation oil means the oil from a producing formation which is detected in the drilling fluid, as determined by the GC/MS compliance assurance method specified in appendix 5 of subpart A of this part when the drilling fluid is analyzed before being shipped offshore, and as determined by the RPE method specified in appendix 6 of subpart A of this part when the drilling fluid is analyzed at the offshore point of discharge. Detection of formation oil by the RPE method may be confirmed by the GC/MS compliance assurance method, and the results of the GC/MS compliance assurance method shall supercede those of the RPE method.

(p) M9IM means those offshore facilities continuously manned by nine (9) or fewer persons or only intermittently manned by any number of persons.

(q) M10 means those offshore facilities continuously manned by ten (10) or more persons.

(r) Maximum as applied to BAT effluent limitations and NSPS for drilling fluids and drill cuttings means the maximum concentration allowed as measured in any single sample of the barite for determination of cadmium and mercury content.

(s) Maximum for any one day as applied to BPT, BCT and BAT effluent limitations and NSPS for oil and grease in produced water means the maximum concentration allowed as measured by the average of four grab samples collected over a 24-hour period that are analyzed separately. Alternatively, for BAT and NSPS the maximum concentration allowed may be determined on the basis of physical composition of the four grab samples prior to a single analysis.

(t) Maximum weighted mass ratio averaged over all NAF well sections for BAT effluent limitations and NSPS for base fluid retained on cuttings means the weighted average base fluid retention for all NAF well sections as determined by the API Recommended Practice 13B–2, using the methods and averaging calculations presented in Appendix 7 of subpart A of this part.

(u) Method 1654A refers to Method 1654, Revision A, entitled “PAH Content of Oil by HPLC/UV,” December 1992, which is published in Methods for the Determination of Diesel, Mineral, and Crude Oils in Offshore Oil and Gas Industry Discharges, EPA–821–R–92–008. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the National Technical Information Service, Springfield, VA 22161, 703–605–6000. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. A copy may also be inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(v) Minimum as applied to BAT effluent limitations and NSPS for drilling fluids and drill cuttings means the minimum 96-hour LC5. value allowed as measured in any single sample of the discharged waste stream. Minimum as applied to BPT and BCT effluent limitations and NSPS for sanitary wastes means the minimum concentration value allowed as measured in any single sample of the discharged waste stream.

(w)(1) New source means any facility or activity of this subcategory that meets the definition of “new source” under 40 CFR 122.2 and meets the criteria for determination of new sources under 40 CFR 122.29(b) applied consistently with all of the following definitions:

(i) Water area as used in “site” in 40 CFR 122.29 and 122.2 means the water area and water body floor beneath any exploratory, development, or production facility where such facility is conducting its exploratory, development or production activities.

(ii) Significant site preparation work as used in 40 CFR 122.29 means the process of surveying, clearing or preparing an area of the water body floor for the purpose of constructing or placing a development or production facility on or over the site.

(2) “New Source” does not include facilities covered by an existing NPDES permit immediately prior to the effective date of these guidelines pending EPA issuance of a new source NPDES permit.

(x) No discharge of free oil means that waste streams may not be discharged that contain free oil as evidenced by the monitoring method specified for that particular stream, e.g., deck drainage or miscellaneous discharges cannot be discharged when they would cause a film or sheen upon or discoloration of the surface of the receiving water; drilling fluids or cuttings may not be discharged when they fail the static sheen test defined in Appendix 1 of subpart A of this part.

(y) Parameters that are regulated in this Subpart and listed with approved methods of analysis in Table 1B at 40 CFR 136.3 are defined as follows:

(1) Cadmium means total cadmium.

(2) Chlorine means total residual chlorine.

(3) Mercury means total mercury.

(4) Oil and Grease means total recoverable oil and grease.

(z) PAH (as phenanthrene) means polynuclear aromatic hydrocarbons reported as phenanthrene.

(aa) Produced sand means the slurried particles used in hydraulic fracturing, the accumulated formation sands and scales particles generated during production. Produced sand also includes desander discharge from the produced water waste stream, and blowdown of the water phase from the produced water treating system.

(bb) Produced water means the water (brine) brought up from the hydrocarbon-bearing strata during the extraction of oil and gas, and can include formation water, injection water, and any chemicals added downhole or during the oil/water separation process.

(cc) Production facility means any fixed or mobile structure subject to this Subpart that is either engaged in well completion or used for active recovery of hydrocarbons from producing formations.

(dd) Sanitary waste means the human body waste discharged from toilets and urinals located within facilities subject to this Subpart.

(ee) Sediment toxicity as applied to BAT effluent limitations and NSPS for drilling fluids and drill cuttings refers to the ASTM E 1367–92 method: “Standard Guide for Conducting 10-day Static Sediment Toxicity Tests with Marine and Estuarine Amphipods,” 1992, with Leptocheirus plumulosus as the test organism and sediment preparation procedures specified in Appendix 3 of 40 CFR part 435, subpart A. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. A copy may also be inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(ff) Solids control equipment means shale shakers, centrifuges, mud cleaners, and other equipment used to separate drill cuttings and/or stock barite solids from drilling fluid recovered from the wellbore.

(gg) SPP toxicity as applied to BAT effluent limitations and NSPS for drilling fluids and drill cuttings refers to the bioassay test procedure presented in Appendix 2 of subpart A of this part.

(hh) Static sheen test means the standard test procedure that has been developed for this industrial subcategory for the purpose of demonstrating compliance with the requirement of no discharge of free oil. The methodology for performing the static sheen test is presented in Appendix 1 of subpart A of this part.

(ii) Stock barite means the barite that was used to formulate a drilling fluid.

(jj) Stock base fluid means the base fluid that was used to formulate a drilling fluid.

(kk) Synthetic material as applied to synthetic-based drilling fluid means material produced by the reaction of specific purified chemical feedstock, as opposed to the traditional base fluids such as diesel and mineral oil which are derived from crude oil solely through physical separation processes. Physical separation processes include fractionation and distillation and/or minor chemical reactions such as cracking and hydro processing. Since they are synthesized by the reaction of purified compounds, synthetic materials suitable for use in drilling fluids are typically free of polycyclic aromatic hydrocarbons (PAH's) but are sometimes found to contain levels of PAH up to 0.001 weight percent PAH expressed as phenanthrene. Internal olefins and vegetable esters are two examples of synthetic materials suitable for use by the oil and gas extraction industry in formulating drilling fluids. Internal olefins are synthesized from the isomerization of purified straight-chain (linear) hydrocarbons such as C16–C18 linear alpha olefins. C16–C18 linear alpha olefins are unsaturated hydrocarbons with the carbon to carbon double bond in the terminal position. Internal olefins are typically formed from heating linear alpha olefins with a catalyst. The feed material for synthetic linear alpha olefins is typically purified ethylene. Vegetable esters are synthesized from the acid-catalyzed esterification of vegetable fatty acids with various alcohols. EPA listed these two branches of synthetic fluid base materials to provide examples, and EPA does not mean to exclude other synthetic materials that are either in current use or may be used in the future. A synthetic-based drilling fluid may include a combination of synthetic materials.

(ll) Well completion fluids means salt solutions, weighted brines, polymers, and various additives used to prevent damage to the well bore during operations which prepare the drilled well for hydrocarbon production.

(mm) Well treatment fluids means any fluid used to restore or improve productivity by chemically or physically altering hydrocarbon-bearing strata after a well has been drilled.

(nn) Workover fluids means salt solutions, weighted brines, polymers, or other specialty additives used in a producing well to allow for maintenance, repair or abandonment procedures.

(oo) 4-day LC5. as applied to the sediment toxicity BAT effluent limitations and NSPS means the concentration (milligrams/kilogram dry sediment) of the drilling fluid in sediment that is lethal to 50 percent of the Leptocheirus plumulosus test organisms exposed to that concentration of the drilling fluids after four days of constant exposure.

(pp) 10-day LC5. as applied to the sediment toxicity BAT effluent limitations and NSPS means the concentration (milligrams/kilogram dry sediment) of the base fluid in sediment that is lethal to 50 percent of the Leptocheirus plumulosus test organisms exposed to that concentration of the base fluids after ten days of constant exposure.

(qq) 96-hour LC5. means the concentration (parts per million) or percent of the suspended particulate phase (SPP) from a sample that is lethal to 50 percent of the test organisms exposed to that concentration of the SPP after 96 hours of constant exposure.

(rr) C16–C18 internal olefin means a 65/35 blend, proportioned by mass, of hexadecene and octadecene, respectively. Hexadecene is an unsaturated hydrocarbon with a carbon chain length of 16, an internal double carbon bond, and is represented by the Chemical Abstracts Service (CAS) No. 26952–14–7. Octadecene is an unsaturated hydrocarbon with a carbon chain length of 18, an internal double carbon bond, and is represented by the Chemical Abstracts Service (CAS) No. 27070–58–2. (Properties available from the Chemical Abstracts Service, 2540 Olentangy River Road, PO Box 3012, Columbus, OH, 43210).

(ss) C16–C18 internal olefin drilling fluid means a C16–C18 internal olefin drilling fluid formulated as specified in Appendix 8 of subpart A of this part.

(tt) C12–C14 ester and C8 ester means the fatty acid/2-ethylhexyl esters with carbon chain lengths ranging from 8 to 16 and represented by the Chemical Abstracts Service (CAS) No. 135800–37–2. (Properties available from the Chemical Abstracts Service, 2540 Olentangy River Road, PO Box 3012, Columbus, OH, 43210)

[61 FR 66124, Dec. 16, 1996, as amended at 66 FR 6895, Jan. 22, 2001; 69 FR 18803, Apr. 9, 2004]

§ 435.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).
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Except as provided in 40 CFR 125.30–32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:


BPT Effluent Limitations_Oil and Grease
[In milligrams per liter]
------------------------------------------------------------------------
Average of
values for Residual
Maximum 30 chlorine
Pollutant parameter waste source for any 1 consecutive minimum
day days shall for any 1
not exceed day
------------------------------------------------------------------------
Produced water....................... 72 48 NA
Deck drainage........................ (\1\) (\1\) NA
Water-based:
Drilling fluids.................... (\1\) (\1\) NA
Drill Cuttings..................... (\1\) (\1\) NA
Non-aqueous:
Drilling fluids.................... No No NA
discharge discharge
Drill Cuttings..................... (\1\) (\1\) NA
Well treatment fluids................ (\1\) (\1\) NA
Sanitary:
M10................................ NA NA \2\ 1
M9IM \3\........................... NA NA NA
Domestic............................. NA NA NA
------------------------------------------------------------------------
\1\ No discharge of free oil.
\2\ Minimum of 1 mg/l and maintained as close to this concentration as
possible.
\3\ There shall be no floating solids as a result of the discharge of
these wastes.


[58 FR 12504, Apr. 13, 1979, as amended at 66 FR 6897, Jan. 22, 2001]

§ 435.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
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Except as provided in 40 CFR 125.30–32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):


BAT Effluent Limitations
------------------------------------------------------------------------
Pollutant BAT effluent
Waste source parameter limitation
------------------------------------------------------------------------
Produced water................... Oil & grease The maximum for any
one day shall not
exceed 42 mg/l;
the average of
daily values for
30 consecutive
days shall not
exceed 29 mg/l.
Drilling fluids and drill
cuttings:
(A) For facilities located within ................ No discharge. \1\
3 miles from shore.
(B) For facilities located beyond
3 miles from shore:.
Water-based drilling fluids SPP Toxicity.... Minimum 96-hour
and associated drill LC5. of the SPP
cuttings. Toxicity Test \2\
shall be 3% by
volume.
Free oil........ No discharge. \3\
Diesel oil...... No discharge.
Mercury......... 1 mg/kg dry weight
maximum in the
stock barite.
Cadmium......... 3 mg/kg dry weight
maximum in the
stock barite.
Non-aqueous drilling fluids ................ No discharge.
(NAFs).
Drill cuttings associated with
non-aqueous drilling fluids:
Stock Limitations (C16-C18 Mercury......... 1 mg/kg dry weight
internal olefin). maximum in the
stock barite.
Cadmium......... 3 mg/kg dry weight
maximum in the
stock barite.
Polynuclear PAH mass ratio \5\
Aromatic shall not exceed
Hydrocarbons 1x10-5.
(PAH).
Sediment Base fluid sediment
toxicity. toxicity ratio \6\
shall not exceed
1.0.
Biodegradation Biodegradation rate
rate. ratio \7\ shall
not exceed 1.0.
Discharge Limitations........ Diesel oil...... No discharge.
SPP Toxicity.... Minimum 96-hour
LC5. of the SPP
Toxicity Test \2\
shall be 3% by
volume.
Sediment Drilling fluid
toxicity. sediment toxicity
ratio \8\ shall
not exceed 1.0.
Formation Oil... No discharge. \9\
Base fluid For NAFs that meet
retained on the stock
cuttings. limitations (C16-
C18 internal
olefin) in this
table, the maximum
weighted mass
ratio averaged
over all NAF well
sections shall be
6.9 g-NAF base
fluid/100 g-wet
drill cuttings.
\10\
For NAFs that meet
the C12-C14 ester
or C8 ester stock
limitations in
footnote 11 of
this table, the
maximum weighted
mass ratio
averaged over all
NAF well sections
shall be 9.4 g-NAF
base fluid/100 g-
wet drill
cuttings.
Well treatment, completion, and Oil and grease.. The maximum for any
workover fluids. one day shall not
exceed 42 mg/l;
the average of
daily values for
30 consecutive
days shall not
exceed 29 mg/l.
Deck drainage.................... Free oil........ No discharge. \4\
Produced sand.................... ................ No discharge.
Domestic Waste................... Foam............ No discharge.
------------------------------------------------------------------------
\1\ All Alaskan facilities are subject to the drilling fluids and drill
cuttings discharge limitations for facilities located beyond 3 miles
offshore.
\2\ As determined by the suspended particulate phase (SPP) toxicity test
(Appendix 2 of subpart A of this part).
\3\ As determined by the static sheen test (appendix 1).
\4\ As determined by the presence of a film or sheen upon or a
discoloration of the surface of the receiving water (visual sheen).
\5\ PAH mass ratio = Mass (g) of PAH (as phenanthrene)/Mass (g) of stock
base fluid as determined by EPA Method 1654, Revision A, (specified at
§ 435.11(u)) entitled ``PAH Content of Oil by HPLC/UV,'' December
1992, which is published in Methods for the Determination of Diesel,
Mineral, and Crude Oils in Offshore Oil and Gas Industry Discharges,
EPA-821-R-92-008. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from the National Technical
Information Service, Springfield, VA 22161, 703-605-6000. Copies may
be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
\6\ Base fluid sediment toxicity ratio = 10-day LC5. of C16-C18 internal
olefin/10-day LC5. of stock base fluid as determined by ASTM E 1367-92
[specified at § 435.11(ee)] method: ``Standard Guide for
Conducting 10-day Static Sediment Toxicity Tests with Marine and
Estuarine Amphipods,'' 1992, after preparing the sediment according to
the method specified in Appendix 3 of subpart A of this part. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the American Society for Testing and Materials,
100 Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be
inspected at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
\7\ Biodegradation rate ratio = Cumulative gas production (ml) of C16-
C18 internal olefin/Cumulative gas production (ml) of stock base
fluid, both at 275 days as determined by ISO 11734:1995 [specified at
§ 435.11(e)] method: ``Water quality_Evaluation of the `ultimate'
anaerobic biodegradability of organic compounds in digested
sludge_Method by measurement of the biogas production (1995 edition)''
as modified for the marine environment (Appendix 4 of subpart A of
this part). This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from the American National
Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY
10036. Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. A
copy may also be inspected at EPA's Water Docket, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
\8\ Drilling fluid sediment toxicity ratio = 4-day LC5. of C16-C18
internal olefin drilling fluid/4-day LC5. of drilling fluid removed
from drill cuttings at the solids control equipment as determined by
ASTM E 1367-92 (specified at § 435.11(ee)) method: ``Standard
Guide for Conducting 10-day Static Sediment Toxicity Tests with Marine
and Estuarine Amphipods,'' 1992, after preparing the sediment
according to the method specified in Appendix 3 of subpart A of this
part. This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, PA, 19428. Copies
may be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
\9\ As determined before drilling fluids are shipped offshore by the GC/
MS compliance assurance method (Appendix 5 of subpart A of this part),
and as determined prior to discharge by the RPE method (Appendix 6 of
subpart A of this part) applied to drilling fluid removed from drill
cuttings. If the operator wishes to confirm the results of the RPE
method (Appendix 6 of subpart A of this part), the operator may use
the GC/MS compliance assurance method (Appendix 5 of subpart A of this
part). Results from the GC/MS compliance assurance method (Appendix 5
of subpart A of this part) shall supercede the results of the RPE
method (Appendix 6 of subpart A of this part).
\10\ Maximum permissible retention of non-aqueous drilling fluid (NAF)
base fluid on wet drill cuttings averaged over drilling intervals
using NAFs as determined by the API retort method (Appendix 7 of
subpart A of this part). This limitation is applicable for NAF base
fluids that meet the base fluid sediment toxicity ratio (Footnote 6),
biodegradation rate ratio (Footnote 7), PAH, mercury, and cadmium
stock limitations (C16-C18 internal olefin) defined above in this
table.
\11\ Maximum permissible retention of non-aqueous drilling fluid (NAF)
base fluid on wet drill cuttings average over drilling intervals using
NAFs as determined by the API retort method (Appendix 7 of subpart A
of this part). This limitation is applicable for NAF base fluids that
meet the ester base fluid sediment toxicity ratio and ester
biodegradation rate ratio stock limitations defined as: (a) ester base
fluid sediment toxicity ratio = 10-day LC5. of C12-C14 ester or C8
ester /10-day LC5. of stock base fluid as determined by ASTM E 1367-92
(specified at § 435.11(ee)) method: ``Standard Guide for
Conducting 10-day Static Sediment Toxicity Tests with Marine and
Estuarine Amphipods,'' 1992, after preparing the sediment according to
the method specified in Appendix 3 of subpart A of this part. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the American Society for Testing and Materials,
100 Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be
inspected at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. (b) ester biodegradation rate ratio = Cumulative
gas production (ml) of C12-C14 ester or C8 ester/Cumulative gas
production (ml) of stock base fluid, both at 275 days as determined by
ISO 11734:1995 (specified at § 435.11(e)) method: ``Water
quality_Evaluation of the `ultimate' anaerobic biodegradability of
organic compounds in digested sludge_Method by measurement of the
biogas production (1995 edition)'' as modified for the marine
environment (Appendix 4 of subpart A of this part). This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from the American National Standards Institute, 11 West 42nd
Street, 13th Floor, New York, NY 10036. Copies may be inspected at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. (c) PAH mass ratio (Footnote 5), mercury, and
cadmium stock limitations (C16-C18 internal olefin) defined above in
this table.


[58 FR 12504, Apr. 13, 1979, as amended at 66 FR 6898, Jan. 22, 2001; 69 FR 18803, Apr. 9, 2004]

§ 435.14 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
top
Except as provided in 40 CFR 125.30–32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT):


BCT Effluent Limitations
------------------------------------------------------------------------
Pollutant BCT effluent
Waste source parameter limitation
------------------------------------------------------------------------
Produced water................... Oil & grease The maximum for any
one day shall not
exceed 72 mg/l;
the average of
values for 30
consecutive days
shall not exceed
48 mg/l.
Drilling fluids and drill
cuttings:
(A) For facilities located within ................ No discharge. \1\
3 miles from shore.
(B) For facilities located beyond
3 miles from shore:.
Water-based drilling fluids Free Oil........ No discharge. \2\
and associated drill
cuttings.
Non-aqueous drilling fluids.. ................ No discharge.
Drill cuttings associated Free Oil........ No discharge. \2\
with non-aqueous drilling
fluids.
Well treatment, completion and Free oil........ No discharge. \2\
workover fluids.
Deck drainage.................... Free oil........ No discharge. \3\
Produced sand.................... ................ No discharge.
Sanitary M10..................... Residual Minimum of 1 mg/l
chlorine. and maintained as
close to this
concentration as
possible.
Sanitary M91M.................... Floating solids. No discharge.
Domestic Waste................... Floating solids. No discharge.
All other See 33 CFR part
domestic waste. 151.
------------------------------------------------------------------------
\1\ All Alaskan facilities are subject to the drilling fluids and drill
cuttings discharge limitations for facilities located more than 3
miles offshore.
\2\ As determined by the static sheen test (appendix 1).
\3\ As determined by the presence of a film or sheen upon or a
discoloration of the surface of the receiving water (visual sheen).


[58 FR 12504, Apr. 13, 1979, as amended at 66 FR 6899, Jan. 22, 2001]

§ 435.15 Standards of performance for new sources (NSPS).
top
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):


New Source Performance Standards
------------------------------------------------------------------------
Pollutant
Waste source parameter NSPS
------------------------------------------------------------------------
Produced water................... Oil and grease.. The maximum for any
one day shall not
exceed 42 mg/l;
the average of
daily values for
30 consecutive
days shall not
exceed 29 mg/l.
Drilling fluids and drill
cuttings:
(A) For facilities located within ................ No discharge. \1\
3 miles from shore.
(B) For facilities located beyond
3 miles from shore:
Water-based drilling fluids SPP Toxicity.... Minimum 96-hour
and associated drill LC5. of the SPP
cuttings. Toxicity Test \2\
shall be 3% by
volume.
Free oil........ No discharge. \3\
Diesel oil...... No discharge.
Mercury......... 1mg/kg dry weight
maximum in the
stock barite.
Cadmium......... 3 mg/kg dry weight
maximum in the
stock barite.
Non-aqueous drilling fluids.. ................ No charge.
Drill cuttings associated with
non-aqueous drilling fluids:
Stock Limitations (C16-C18 Mercury......... 1mg/kg dry weight
internal olefin. maximum in the
stock barite.
Cadmium......... 3 mg/kg dry weight
maximum in the
stock barite.
Polynuclear PAH mass ratio \5\
Aromatic shall not exceed
Hydrocarbons 1x10-5.
(PAH).
Sediment Base fluid sediment
toxicity. toxicity ratio \6\
shall not exceed
1.0.
Biodegradation Biodegradation rate
rate. ratio \7\ shall
not exceed 1.0.
Discharge Limitations........ Diesel oil...... No discharge.
SPP Toxicity.... Minimum 96-hour
LC5. of the SPP
Toxicity Test \2\
shall be 3% by
volume.
Sediment Drilling fluid
toxicity. sediment toxicity
ratio \8\ shall
not exceed 1.0.
Formation Oil... No discharge. \9\
Base fluid For NAFs that meet
retained on the stock
cuttings. limitations (C16-
C18 internal
olefin) in this
table, the maximum
weighted mass
ratio averaged
over all NAF well
sections shall be
6.9 g-NAF base
fluid/100 g-wet
drill cuttings.
\10\
For NAFs that meet
the C12-C14 ester
or C8 ester stock
limitations in
footnote 11 of
this table, the
maximum weighted
mass ratio
averaged over all
NAF well sections
shall be 9.4 g-NAF
base fluid/100 g-
wet drill
cuttings.
Well treatment, completion, and Oil and grease.. The maximum for any
workover fluids. one day shall not
exceed 42 mg/l;
the average of
daily values for
30 consecutive
days shall not
exceed 29 mg/l.
Deck drainage.................... Free oil........ No discharge. \4\
Produced sand.................... ................ No discharge.
Sanitary M10..................... Residual Minimum of 1 mg/l
chlorine. and maintained as
close to this as
possible.
Sanitary M9IM.................... Floating solids. No discharge.
Domestic Waste................... Floating solids. No discharge.
Foam............ No discharge.
All other See 33 CFR part
domestic wastes. 151.
------------------------------------------------------------------------
\1\ All Alaskan facilities are subject to the drilling fluids and drill
cuttings discharge standards for facilities located more than three
miles offshore.
\2\ As determined by the suspended particulate phase (SPP) toxicity test
(Appendix 2 of subpart A of this part).
\3\ As determined by the static sheen test (appendix 1).
\4\ As determined by the presence of a film or sheen upon or a
discoloration of the surface of the receiving water (visual sheen).
\5\ PAH mass ratio = Mass (g) of PAH (as phenanthrene)/Mass (g) of stock
base fluid as determined by EPA Method 1654, Revision A, (specified at
§ 435.11(u)) entitled ``PAH Content of Oil by HPLC/UV,'' December
1992, which is published in Methods for the Determination of Diesel,
Mineral, and Crude Oils in Offshore Oil and Gas Industry Discharges,
EPA-821-R-92-008. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from the National Technical
Information Service, Springfield, VA 22161, 703-605-6000. Copies may
be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. A copy may also be
inspected at EPA's Water Docket, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
\6\ Base fluid sediment toxicity ratio = 10-day LC5. of C16-C18 internal
olefin/10-day LC5. of stock base fluid as determined by ASTM E 1367-92 (continued)