CCLME.ORG - 40 CFR PART 435—OIL AND GAS EXTRACTION POINT SOURCE CATEGORY

(continued)

5.3 At any time, if the BMP Plan proves to be ineffective in achieving the general objective of preventing and minimizing the generation of NAF-wastes and their release and potential release to the receiving waters and/or the specific requirements in this addendum, the permit and/or the BMP Plan shall be subject to modification to incorporate revised BMP requirements.

6.0 Specific Pollution Prevention Requirements for NAF Discharges Associated with Cuttings

6.1 The following specific pollution prevention activities are required in a BMP Plan when operators elect to control NAF discharges associated with cuttings by a set of BMPs.

6.2 Establishing programs for identifying, documenting, and repairing malfunctioning NAF equipment, tracking NAF equipment repairs, and training personnel to report and evaluate malfunctioning NAF equipment.

6.3 Establishing operating and maintenance procedures for each component in the solids control system in a manner consistent with the manufacturer's design criteria.

6.4 Using the most applicable spacers, flushes, pills, and displacement techniques in order to minimize contamination of drilling fluids when changing from water-based drilling fluids to NAF and vice versa.

6.5 A daily retort analysis shall be performed (in accordance with Appendix 7 to subpart A of Part 435) during the first 0.33 X feet drilled with NAF where X is the anticipated total feet to be drilled with NAF for that particular well. The retort analyses shall be documented in the well retort log. The operators shall use the calculation procedures detailed in Appendix 7 to subpart A of part 435 (see Equations 1 through 8) to determine the arithmetic average (%BFwell) of the retort analyses taken during the first 0.33 X feet drilled with NAF.

6.5.1 When the arithmetic average (%BFwell) of the retort analyses taken during the first 0.33 X feet drilled with NAF is less than or equal to the base fluid retained on cuttings limitation or standard (see งง435.13 and 435.15), retort monitoring of cuttings may cease for that particular well. The same BMPs and drilling fluid used during the first 0.33 X feet shall be used for all remaining NAF sections for that particular well.

6.5.2 When the arithmetic average (%BFwell) of the retort analyses taken during the first 0.33 X feet drilled with NAF is greater the base fluid retained on cuttings limitation or standard (see งง435.13 and 435.15), retort monitoring shall continue for the following (second) 0.33 X feet drilled with NAF where X is the anticipated total feet to be drilled with NAF for that particular well. The retort analyses for the first and second 0.33 X feet shall be documented in the well retort log.

6.5.2.1 When the arithmetic average (%BFwell) of the retort analyses taken during the first 0.66 X feet (i.e., retort analyses taken from first and second 0.33 X feet) drilled with NAF is less than or equal to the base fluid retained on cuttings limitation or standard (see งง435.13 and 435.15), retort monitoring of cuttings may cease for that particular well. The same BMPs and drilling fluid used during the first 0.66 X feet shall be used for all remaining NAF sections for that particular well.

6.5.2.2 When the arithmetic average (%BFwell) of the retort analyses taken during the first 0.66 X feet (i.e., retort analyses taken from first and second 0.33 X feet) drilled with NAF is greater than the base fluid retained on cuttings limitation or standard (see งง435.13 and 435.15), retort monitoring shall continue for all remaining NAF sections for that particular well. The retort analyses for all NAF sections shall be documented in the well retort log.

6.5.3 When the arithmetic average (%BFwell) of the retort analyses taken over all NAF sections for the entire well is greater that the base fluid retained on cuttings limitation or standard (see งง435.13 and 435.15), the operator is in violation of the base fluid retained on cuttings limitation or standard and shall submit notification of these monitoring values in accordance with NPDES permit requirements. Additionally, the operator shall, as part of the BMP Plan, initiate a reevaluation and modification to the BMP Plan in conjunction with equipment vendors and/or industry specialists.

6.5.4 The operator shall include retort monitoring data and dates of retort-monitored and non-retort-monitored NAF-cuttings discharges managed by BMPs in their NPDES permit reports.

6.6 Establishing mud pit and equipment cleaning methods in such a way as to minimize the potential for building-up drill cuttings (including accumulated solids) in the active mud system and solids control equipment system. These cleaning methods shall include but are not limited to the following procedures.

6.6.1 Ensuring proper operation and efficiency of mud pit agitation equipment.

6.6.2 Using mud gun lines during mixing operations to provide agitation in dead spaces.

6.6.3 Pumping drilling fluids off of drill cuttings (including accumulated solids) for use, recycle, or disposal before using wash water to dislodge solids.

[66 FR 6901, Jan. 22, 2001; 66 FR 30811, June 8, 2001]

Appendix 8 to Subpart A of Part 435—Reference C16–C18 Internal Olefin Drilling Fluid Formulation
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The reference C16–C18 internal olefin drilling fluid used to determine the drilling fluid sediment toxicity ratio and compliance with the BAT sediment toxicity discharge limitation (see ง435.13) and NSPS (see ง435.15) shall be formulated to meet the specifications in Table 1 of this appendix.

Drilling fluid sediment toxicity ratio = 4-day LC5. of C16–C18 internal olefin drilling fluid/4-day LC5. of drilling fluid removed from cuttings at the solids control equipment as determined by ASTM E1367–92 [incorporated by reference and specified at ง435.11(ee)] and supplemented with the sediment preparation procedure (Appendix 3 of subpart A of this part).

Table 1_Properties for Reference C16-C18 IOs SBF Used in Discharge Sediment Toxicity Testing
----------------------------------------------------------------------------------------------------------------
Reference C16-C18 IOs
Mud weight of SBF discharged with cuttings (pounds per gallon) Reference C16-C18 IOs SBF synthetic to water
SBF (pounds per gallon) ratio (%)
----------------------------------------------------------------------------------------------------------------
8.5-11........................................................ 9.0 75/25
11-14......................................................... 11.5 80/20
>14........................................................ 14.5 85/15
================================================================================================================
Plastic Viscosity (PV), centipoise (cP)....................... 12-30
Yield Point (YP), pounds/100 sq. ft........................... 10-20
10-second gel, pounds/100 sq. ft.............................. 8-15
10-minute gel, pounds/100 sq. ft.............................. 12-30
Electrical stability, V....................................... >300
----------------------------------------------------------------------------------------------------------------

[66 FR 6901, Jan. 22, 2001]

Subpart B [Reserved]
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Subpart C—Onshore Subcategory
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ง 435.30 Applicability; description of the onshore subcategory.
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The provisions of this subpart are applicable to those facilities engaged in the production, field exploration, drilling, well completion and well treatment in the oil and gas extraction industry which are located landward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg) and which are not included within subpart D, E, or F, Provided, however, That the applicability of this subpart to (a) facilities in existence on April 13, 1979 or thereafter engaged in the production, field exploration, drilling, well completion and well treatment in the oil and gas extraction industry which are located on land and which would have been considered “coastal” as defined under the interim final regulations for this industry (40 CFR 435.41, 41 FR 44942, October 13, 1976) or which are (b) located in the Santa Maria Basin of California is suspended.

(Secs. 301, 304(b) and 501 of the Clean Water Act as amended, 33 U.S.C. 1251 et seq.)

[44 FR 22075, Apr. 13, 1979, as amended at 47 FR 31555, July 21, 1982]

ง 435.31 Specialized definitions.
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For the purpose of this subpart:

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

ง 435.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
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Except as provided in งง125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of waste water pollutants into navigable waters from any source associated with production, field exploration, drilling, well completion, or well treatment (i.e., produced water, drilling muds, drill cuttings, and produced sand).

[60 FR 33966, June 29, 1995]

Subpart D—Coastal Subcategory
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Source: 61 FR 66125, Dec. 16, 1996, unless otherwise noted.

ง 435.40 Applicability; description of the coastal 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 in areas defined as “coastal.” The term “coastal” shall mean:

(a) Any location in or on a water of the United States landward of the inner boundary of the territorial seas; or

(b)(1) Any location landward from the inner boundary of the territorial seas and bounded on the inland side by the line defined by the inner boundary of the territorial seas eastward of the point defined by 89ฐ45' West Longitude and 29ฐ46' North Latitude and continuing as follows west of that point:

------------------------------------------------------------------------
Direction to west longitude Direction to north latitude
------------------------------------------------------------------------
West, 89ฐ48[min]...................... North, 29ฐ50[min].
West, 90ฐ12[min]...................... North, 30ฐ06[min].
West, 90ฐ20[min]...................... South, 29ฐ35[min].
West, 90ฐ35[min]...................... South, 29ฐ30[min].
West, 90ฐ43[min]...................... South, 29ฐ25[min].
West, 90ฐ57[min]...................... North, 29ฐ32[min].
West, 91ฐ02[min]...................... North, 29ฐ40[min].
West, 91ฐ14[min]...................... South, 29ฐ32[min].
West, 91ฐ27[min]...................... North, 29ฐ37[min].
West, 91ฐ33[min]...................... North, 29ฐ46[min].
West, 91ฐ46[min]...................... North, 29ฐ50[min].
West, 91ฐ50[min]...................... North, 29ฐ55[min].
West, 91ฐ56[min]...................... South, 29ฐ50[min].
West, 92ฐ10[min]...................... South, 29ฐ44[min].
West, 92ฐ55[min]...................... North, 29ฐ46[min].
West, 93ฐ15[min]...................... North, 30ฐ14[min].
West, 93ฐ49[min]...................... South, 30ฐ07[min].
West, 94ฐ03[min]...................... South, 30ฐ03[min].
West, 94ฐ10[min]...................... South, 30ฐ00[min].
West, 94ฐ20[min]...................... South, 29ฐ53[min].
West, 95ฐ00[min]...................... South, 29ฐ35[min].
West, 95ฐ13[min]...................... South, 29ฐ28[min].
East, 95ฐ08[min]...................... South, 29ฐ15[min].
West, 95ฐ11[min]...................... South, 29ฐ08[min].
West, 95ฐ22[min]...................... South, 28ฐ56[min].
West, 95ฐ30[min]...................... South, 28ฐ55[min].
West, 95ฐ33[min]...................... South, 28ฐ49[min].
West, 95ฐ40[min]...................... South, 28ฐ47[min].
West, 96ฐ42[min]...................... South, 28ฐ41[min].
East, 96ฐ40[min]...................... South, 28ฐ28[min].
West, 96ฐ54[min]...................... South, 28ฐ20[min].
West, 97ฐ03[min]...................... South, 28ฐ13[min].
West, 97ฐ15[min]...................... South, 27ฐ58[min].
West, 97ฐ40[min]...................... South, 27ฐ45[min].
West, 97ฐ46[min]...................... South, 27ฐ28[min].
West, 97ฐ51[min]...................... South, 27ฐ22[min].
East, 97ฐ46[min]...................... South, 27ฐ14[min].
East, 97ฐ30[min]...................... South, 26ฐ30[min].
East, 97ฐ26[min]...................... South, 26ฐ11[min].
------------------------------------------------------------------------

(2) East to 97ฐ19' West Longitude and Southward to the U.S.-Mexican border.

ง 435.41 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)” (Available from the American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036) supplemented with modifications in Appendix 4 of subpart A of this part.

(f) Cook Inlet refers to coastal locations north of the line between Cape Douglas on the West and Port Chatham on the east.

(g) 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.

(h) 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.

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

(j) Dewatering effluent means wastewater from drilling fluids and drill cuttings dewatering activities (including but not limited to reserve pits or other tanks or vessels, and chemical or mechanical treatment occurring during the drilling solids separation/recycle/disposal process).

(k) 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, 1916 Race Street, Philadelphia, PA 19103. 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.

(l) Domestic waste means the 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.

(m) 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.

(n) 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.

(o) 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.

(p) 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.

(q) 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.

(r) Garbage means all kinds of victual, domestic, and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of coastal oil and gas facility and liable to be disposed of continuously or periodically, except dishwater, graywater, and those substances that are defined or listed in other Annexes to MARPOL 73/78. A copy of MARPOL may be inspected at EPA's Water Docket; 1200 Pennsylvania Ave., NW., Washington, DC 20460.

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

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

(u) 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.

(v) 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.

(w) 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.

(x)(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.

(y) 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.

(z) 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.

(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. It includes facilities that are engaged in hydrocarbon fluids separation even if located separately from wellheads.

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

(ee) 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.

(ff) 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.

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

(hh) 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.

(ii) 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.

(jj) 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.

(kk) 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.

(ll) 96-hour LC50 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.

[61 FR 66125, Dec. 16, 1996; 62 FR 1681, Jan. 13, 1997, as amended at 66 FR 6914, Jan. 22, 2001; 69 FR 18803, Apr. 9, 2004]

ง 435.42 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 125.30–125.32, 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]
----------------------------------------------------------------------------------------------------------------
Residual
Average of values for 30 chlorine
Pollutant parameter waste source Maximum for any 1 day consecutive days shall not minimum for
exceed any 1 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 discharge................. No discharge................ NA
Drill Cuttings.................... (\1\)........................ (\1\)....................... NA
Well treatment, workover, and (\1\)........................ (\1\)....................... NA
completion fluids.
Sanitary:
M10............................... NA........................... NA.......................... \2\ 1
M9IM \3\.......................... NA........................... NA.......................... NA
Domestic \3\...................... NA........................... NA.......................... NA
Produced sand..................... Zero discharge............... Zero discharge.............. 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.

[61 FR 66125, Dec. 16, 1996, as amended at 66 FR 6916, Jan. 22, 2001]

ง 435.43 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 125.30–125.32, 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
----------------------------------------------------------------------------------------------------------------
Stream Pollutant parameter BAT effluent limitations
----------------------------------------------------------------------------------------------------------------
Produced Water:
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet...................... Oil & Grease..................... The maximum for any one day
shall not exceed 42 mg/l, and
the 30-day average shall not
exceed 29 mg/l.
Drilling Fluids, Drill Cuttings, and
Dewatering Effluent: \1\
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet:.....................
Water-based drilling fluids, drill SPP Toxicity......................... Minimum 96-hour LC5. of the SPP
cuttings, and dewatering effluent. Toxicity Test \4\ shall be 3%
by volume.
Free oil............................. No discharge. \2\
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 and ..................................... No discharge.
dewatering effluent.
Drill cuttings associated with non- ..................................... No discharge. \5\
aqueous drilling fluids.
Well Treatment, Workover and Completion
Fluids:
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet...................... Oil & Grease..................... The maximum for any one day
shall not exceed 42 mg/l, and
the 30-day average shall not
exceed 29 mg/l.
Produced Sand........................... ..................................... No discharge.
Deck Drainage........................... Free Oil \3\......................... No discharge.
Domestic Waste.......................... Foam................................. No discharge.
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\1\ BAT limitations for dewatering effluent are applicable prospectively, BAT limitations in this rule are not
applicable to discharges of dewatering effluent from reserve pits which as of the effective date of this rule
no longer receive drilling fluids and drill cuttings. Limitations on such discharges shall be determined by
the NPDES permit issuing authority.
\2\ As determined by the static sheen test (see appendix 1 to 40 CFR Part 435, subpart A).
\3\ As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving
water (visual sheen).
\4\ As determined by the suspended particulate phase (SPP) toxicity test (see Appendix 2 of Subpart A of this
part).
\5\ When Cook Inlet operators cannot comply with this no discharge requirement due to technical limitations (see
Appendix 1 of Subpart D of this part), Cook Inlet operators shall meet the same stock limitations (C16-C18
internal olefin) and discharge limitations for drill cuttings associated with non-aqueous drilling fluids for
operators in Offshore waters (see ง 435.13) in order to discharge drill cuttings associated with non-
aqueous drilling fluids.

[61 FR 66125, Dec. 16, 1996; 62 FR 1681, Jan. 13, 1997, as amended at 66 FR 6917, Jan. 22, 2001]

ง 435.44 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
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Except as provided in 40 CFR 125.30–125.32, 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
Stream parameter limitations
------------------------------------------------------------------------
Produced Water (all facilities). Oil & Grease.. The maximum for
any one day shall
not exceed 72 mg/
l and the 30-day
average shall not
exceed 48 mg/l.
Drilling Fluids and Drill
Cuttings and Dewatering
Effluent: \1\
All facilities except Cook .................. No discharge.
Inlet.
Cook Inlet:.................
Water-based drilling Free Oil.......... No discharge. \2\
fluids, drill cuttings,
and dewatering effluent.
Non-aqueous drilling .................. No discharge.
fluids and dewatering
effluent.
Drill cuttings associated Free Oil.......... No discharge. \2\
with non-aqueous drilling
fluids.
Well Treatment, Workover and Free Oil.......... No discharge. \2\
Completion Fluids.
Produced Sand................... .................. No discharge.
Deck Drainage................... Free Oil.......... No discharge. \3\
Sanitary Waste:
Sanitary M10................ Residual Chlorine. Minimum of 1 mg/l
maintained as
close to this
concentration as
possible.
Sanitary M91M............... Floating Solids... No discharge.
Domestic Waste.................. Floating Solids No discharge of
and garbage. Floating Solids
or garbage.
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\1\ BCT limitations for dewatering effluent are applicable
prospectively. BCT limitations in this rule are not applicable to
discharges of dewatering effluent from reserve pits which as of the
effective date of this rule no longer receive drilling fluids and
drill cuttings. Limitations on such discharges shall be determined by
the NPDES permit issuing authority.
\2\ As determined by the static sheen test (see appendix 1 to 40 CFR
part 435, subpart A).
\3\ As determined by the presence of a film or sheen upon or a
discoloration of the surface of the receiving water (visual sheen).

[61 FR 66125, Dec. 16, 1996; 62 FR 1682, Jan. 13, 1997, as amended at 66 FR 6917, Jan. 22, 2001]

ง 435.45 Standards of performance for new sources (NSPS).
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Any new source subject to this subpart must achieve the following new source performance standards (NSPS):

NSPS Effluent Limitations
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Stream Pollutant parameter NSPS effluent limitations
----------------------------------------------------------------------------------------------------------------
Produced Water:
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet...................... Oil & Grease..................... The maximum for any one day
shall not exceed 42 mg/l, and
the 30-day average shall not
exceed 29 mg/l.
Drilling Fluids, Drill Cuttings, and
Dewatering Effluent: \1\
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet:.....................
Water-based drilling fluids, drill SPP Toxicity......................... Minimum 96-hour LC5. of the SPP
cuttings, and dewatering effluent. Toxicity Test \4\ shall be 3%
by volume.
Free oil............................. No discharge. \2\
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 and ..................................... No discharge.
dewatering effluent.
Drill cuttings associated with non- ..................................... No discharge. \5\
aqueous drilling fluids.
Well Treatment, Workover and Completion
Fluids:
(A) All coastal areas except Cook ..................................... No discharge.
Inlet.
(B) Cook Inlet...................... Oil & Grease..................... The maximum for any one day
shall not exceed 42 mg/l, and
the 30-day average shall not
exceed 29 mg/l.
Produced Sand........................... ..................................... No discharge.
Deck Drainage........................... Free Oil \3\......................... No discharge.
Sanitary Waste
Sanitary M10........................ Residual Chlorine.................... Minimum of 1 mg/l and
maintained as close to this
concentration as possible.
Sanitary M9IM....................... Floating Solids...................... No discharge.
Domestic Waste.......................... Floating Solids, Garbage and Foam.... No discharge of floating solids
or garbage or foam.
----------------------------------------------------------------------------------------------------------------
\1\ NSPS limitations for dewatering effluent are applicable prospectively. NSPS limitations in this rule are not
applicable to discharges of dewatering effluent from reserve pits which as of the effective date of this rule
no longer receive drilling fluids and drill cuttings. Limitations on such discharges shall be determined by
the NPDES permit issuing authority.
\2\ As determined by the static sheen test (see appendix 1 to 40 CFR Part 435, subpart A).
\3\ As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving
water (visual sheen).
\4\ As determined by the suspended particulate phase (SPP) toxicity test (see Appendix 2 of subpart A of this
part).
\5\ When Cook Inlet operators cannot comply with this no discharge requirement due to technical limitations (see
Appendix 1 of subpart D of this part), Cook Inlet operators shall meet the same stock limitations (C16-C18
internal olefin) and discharge limitations for drill cuttings associated with non-aqueous drilling fluids for
operators in Offshore waters (see ง 435.15) in order to discharge drill cuttings associated with non-
aqueous drilling fluids.

[61 FR 66125, Dec. 16, 1996; 62 FR 1682, Jan. 13, 1997, as amended at 66 FR 6918, Jan. 22, 2001]

ง 435.46 Pretreatment standards of performance for existing sources (PSES).
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Except as provided in 40 CFR 403.7 and 403.13, any existing source with discharges subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES).

PSES Effluent Limitations
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Pollutant PSES effluent
Stream parameter limitations
------------------------------------------------------------------------
Produced Water.................. ............... No discharge.
Drilling Fluids and Drill
Cuttings Well Treatment.
Workover and Completion Fluids.. ............... No discharge.
Produced Sand................... ............... No discharge.
Deck Drainage................... ............... No discharge.
------------------------------------------------------------------------

ง 435.47 Pretreatment standards of performance for new sources (PSNS).
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Except as provided in 40 CFR 403.7 and 403.13, any new source with discharges subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS).

PSNS Effluent Limitations
------------------------------------------------------------------------
Pollutant PSNS effluent
Stream parameter limitations
------------------------------------------------------------------------
Produced Water (all facilities). .................. No discharge.
Drilling fluids and Drill .................. No discharge.
Cuttings.
Well Treatment, Workover and .................. No discharge.
Completion Fluids.
Produced Sand................... .................. No discharge.
Deck Drainage................... .................. No discharge.
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Appendix 1 to Subpart D of Part 435—Procedure for Determining When Coastal Cook Inlet Operators Qualify for an Exemption from the Zero Discharge Requirement for EMO-Cuttings and SBF-Cuttings in Coastal Cook Inlet, Alaska
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1.0 Scope and Application

This appendix is to be used to determine whether a Cook Inlet, Alaska, operator in Coastal waters (Coastal Cook Inlet operator) qualifies for the exemption to the zero discharge requirement established by 40 CFR 435.43 and 435.45 for drill cuttings associated with the following non-aqueous drilling fluids: enhanced mineral oil based drilling fluids (EMO-cuttings) and synthetic-based drilling fluids (SBF-cuttings). Coastal Cook Inlet operators are prohibited from discharging oil-based drilling fluids. This appendix is intended to define those situations under which technical limitations preclude Coastal Cook Inlet operators from complying with the zero discharge requirement for EMO-cuttings and SBF-cuttings. Coastal Cook Inlet operators that qualify for this exemption may be authorized to discharge EMO-cuttings and SBF-cuttings subject to the limitations applicable to operators in Offshore waters (see subpart A of this part).

2.0 Method

2.1 Any Coastal Cook Inlet operator must achieve the zero discharge limit for EMO-cuttings and SBF-cuttings unless it successfully demonstrates that technical limitations prevent it from being able to dispose of its EMO-cuttings or SBF-cuttings through on-site annular disposal, injection into a Class II underground injection control (UIC) well, or onshore land application.

2.2 To successfully demonstrate that technical limitations prevent it from being able to dispose of its EMO-cuttings or SBF-cuttings through on-site annular disposal, a Coastal Cook Inlet operator must show that it has been unable to establish formation injection in nearby wells that were initially considered for annular or dedicated disposal of EMO-cuttings or SBF-cuttings or prove to the satisfaction of the Alaska Oil and Gas Conservation Commission (AOGCC) that the EMO-cuttings or SBF-cuttings will be confined to the formation disposal interval. This demonstration must include:

a. Documentation, including engineering analysis, that shows (1) an inability to establish formation injection (e.g., formation is too tight), (2) an inability to confine EMO-cuttings or SBF-cuttings in disposal formation (e.g., no confining zone or adequate barrier to confine wastes in formation), or (3) the occurrence of high risk emergency (e.g., mechanical failure of well, loss of ability to inject that risks loss of well which would cause significant economic harm or create a substantial risk to safety); and

b. A risk analysis of alternative disposal options, including environmental assessment, human health and safety, and economic impact, that shows discharge as the lowest risk option.

2.3 To successfully demonstrate that technical limitations prevent it from being able to dispose of its EMO-cuttings or SBF-cuttings through injection into a Class II UIC well, a Coastal Cook Inlet operator must show that it has been unable to establish injection into a Class II UIC well or prove to the satisfaction of the Alaska Oil and Gas Conservation Commission (AOGCC) that the EMO-cuttings or SBF-cuttings will be confined to the formation disposal interval. This demonstration must include: (continued)