2 Colo. Code Regs. § 404-1-909

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-909 - PITS - CONSTRUCTION AND OPERATION

a. Operators will ensure that the Pits they operate are:

(1) Properly permitted through a Form 15 approved by the Director, or registered in their names with an active Pit Facility ID;

(2) Accurately mapped; and

(3) Listed according to current facility records in the Commission's database. Operators may update facility records using a Form 15.

b. Operators will construct, maintain, and operate Pits used for exploration and production of oil and gas in a manner that protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. Operators will operate and maintain Pits and Pit liners to prevent Spills and Releases.

c. Operators will construct, monitor, and operate Pits to provide for a minimum of 2 feet of freeboard at all times between the top of the Pit wall at its point of lowest elevation and the Fluid level of the Pit. Operators will employ a method of monitoring and maintaining the freeboard. Operators will report any unauthorized Release of Fluids from a Pit pursuant to Rule 912.

d. Operators will not store oil or any other produced liquid hydrocarbon substance in earthen Pits or reservoirs, except in emergencies where such substances cannot be otherwise contained. Operators will remove the oil or produced hydrocarbons as soon as the emergency is controlled. Operators will submit a Form 15 for the Director's approval within 30 days of the emergency, pursuant to Rule 908.c.

e. No liquid hydrocarbons may be present in a Pit unless the Pit is specifically permitted as a Skimming/Settling ("Skim") Pit.

(1) Immediately upon discovery or notification, Operators will remove any accumulation of oil or condensate, including free product or hydrocarbon sheen, from a Pit. If the Operator is unable to immediately remove the accumulation, the accumulation will be removed within 24 hours of discovery.

(2) Operators will use skimming, steam cleaning of exposed liners, or other safe and legal methods as necessary to maintain Pits in clean condition and to control hydrocarbon odors.

(3) If an Operator allows oil or condensate (free product or sheen) to accumulate in a Pit, then the Director may revoke the Operator's Form 15 and require the Operator to close and remediate the Pit.

f. Operators will fence and net or install CPW-approved exclusion devices on all new Pits pursuant to Rule 1202.a.(4).

g. Operators may use Multi-Well Pits for a period of no more than 3 years, unless:

(1) The Operator obtains a permit to operate the Multi-Well Pit pursuant to Rule 907 at a Centralized E&P Waste Management Facility;

(2) The Multi-Well Pit is located in Huerfano or Las Animas Counties and was constructed prior to May 1, 2011; or

(3) The Multi-Well Pit is located in Logan, Morgan, Washington, and Yuma Counties and was constructed prior to May 1, 2013.

(4) Based on evidence of risks to public health, safety, welfare, the environment, or wildlife resources, the Director may require an Operator to line, net, cover, fence, or close an existing Multi-Well Pit that is subject to Rules 909.g.(2) & (3), or submit a Form 28 for such a Multi-Well Pit.

h. Operators will treat produced water pursuant to Rule 905.c.(1) before placing it in a Production Pit.

i. Operators will utilize appropriate biocide treatments to control bacterial growth and related odors.

j.Produced Water Quality Analyses. Beginning January 15, 2021, Operators will submit an initial water quality analysis for produced water for each Well from which produced water is placed into a permitted or registered Pit, including Pits that were constructed prior to January 15, 2021.

(1) The water sample will be analyzed for the following:

A. pH;

B. Specific conductance;

C. Total dissolved and suspended solids (TDS and TSS);

D. Alkalinity (total, bicarbonate, and carbonate as CaCO3);

E. Major anions (bromide, chloride, fluoride, sulfate, nitrate and nitrite as N, and phosphorus);

F. Major cations (calcium, iron, magnesium, manganese, potassium, and sodium);

G. Other elements (barium, boron, selenium, and strontium);

H. Naphthalene;

I. Total petroleum hydrocarbons ("TPH") as total volatile hydrocarbons (C6 to C10) and total extractable hydrocarbons (C10 to C36);

J. BTEX compounds (benzene, toluene, ethylbenzene, and xylenes); and

K. Radium (²²⁶Ra and ²²⁸Ra).

(2) Subsequent Sampling and Analysis. After initial sampling, Operators will collect and analyze subsequent samples at the following frequencies:

A. For lined Pits, Operators will collect and analyze a second confirmation sample during the period between 33 and 39 months after the initial sampling and analysis;

B. For unlined Pits:

i. Operators will collect and analyze samples on an annual basis after the initial sampling and analysis;

ii. If subsequent sampling and analysis indicates stable water quality over time, the Operator may request relief from further subsequent sampling and analysis by submitting a Form 4, which the Director will review and approve or deny;

C. For all Pits, Operators will collect and analyze a subsequent sample for any new Well that contributes water to the Pit;

D. For all Pits, Operators will collect and analyze a subsequent sample any time the Operator or Director has reason to believe the water quality in the Pit has changed; and

E. For all Pits, if subsequent sampling and analysis indicates variable water quality, the Director may require more frequent or additional sampling.

(3) Operators will submit all water quality analysis data using a Form 43, Analytical Sample Submittal, and will include suitable electronic data deliverable generated by the laboratory and PDF of lab reports within 3 months of sample collection. Results for the initial samples collected pursuant to Rule 909.j.(1) will be submitted no later than July 15, 2022, or prior to Pit closure, whichever is earlier.

(4) Operators will collect samples according to standard environmental procedures.

(5) Operators will analyze samples in an accredited laboratory using established methodologies. For those analytes with Groundwater threshold concentrations listed in WQCC Regulation 41, as incorporated by reference in Rule 901.b, the analytical technique will be capable of achieving, and will achieve, reporting limits at concentrations less than the WQCC Regulation 41 thresholds in the matrix submitted. The Director may review the analytical standard used for each analyte and may request the analysis be run by a different method.

(6) As an alternative to the sampling required by Rules 909.j.(1)-(5) the Operator transporting produced water produced from the same formation(s) in the same Field or unit to the same Pit may submit a Form 4 to request the Director's approval for an alternative sampling program to consolidate the number of samples required from the same formation(s).

2 CCR 404-1-909

37 CR 16, August 25, 2014, effective 9/30/2014

38 CR 01, January 10, 2015, effective 2/14/2015

38 CR 03, February 10, 2015, effective 3/2/2015

38 CR 07, April 10, 2015, effective 4/30/2015

38 CR 16, August 25, 2015, effective 9/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 06, March 25, 2018, effective 5/1/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 17, September 10, 2019, effective 9/30/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 13, July 10, 2020, effective 11/2/2020

43 CR 24, December 25, 2020, effective 1/15/2021

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 09, May 10, 2022, effective 5/30/2022

45 CR 13, July 10, 2022, effective 7/30/2022