La. Admin. Code tit. 33 § IX-708

Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-708 - Exploration for and Production of Oil and Natural Gas
A. Applicability. The provisions of this Section are applicable to discharges of wastewater associated with oil and natural gas exploration and production activities.
B. Definitions. The following definitions apply to terms used in this Section. Definitions of other terms and meanings of abbreviations are set forth in LAC 33:IX.107 and 1105.

Average Monthly Discharge Limitation- the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Ballast Water- uncontaminated surface water used to maintain proper draft or to stabilize drilling or workover vessels.

Bilge Water-water that accumulates in the bilge areas of drilling or workover vessels.

Blow-Out Preventer (BOP) Control Fluid- fluid used to actuate the hydraulic equipment on the blow-out preventer.

Boiler Blowdown- discharge from boilers necessary to minimize solids build-up in the boilers, including vents from boilers and other heating systems.

Brackish Marshes- those areas that are inundated or saturated by surface water or groundwater of moderate salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, emergent vegetation characterized by a prevalence of species typically adapted for life in these soil and contiguous surface water conditions. Typical vegetation includes wiregrass (Spartina patens), three-cornered grass (Scirpus olneyi), coco (Scirpus robustus), and widgeongrass (Ruppia maritima). Interstitial water salinity normally ranges between 7 and 15 parts per thousand.

Cement- portland cement, either dry or in slurry form, including additives. Additives include such materials as accelerators (e.g., calcium chloride), retarders (e.g., lignosulfonates), weighting materials (e.g., barium sulfate), extenders (e.g., bentonite), and lost circulation materials (e.g., walnut shells).

Composite Sample- a sample consisting of a minimum of eight grab samples of effluent collected at regular intervals over a normal operating day and combined in proportion to flow, or a sample continuously collected in proportion to flow over a 24-hour period.

Daily Discharge- the discharge of a pollutant measured during a calendar day or within any specified 24-hour period that reasonably represents the calendar day for the purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day.

Daily Maximum Concentration- the daily determination of concentration for any calendar day or specified 24-hour period that reasonably represents the calendar day for purposes of sampling.

Deck Drainage- all waste resulting from platform washing, deck washing, equipment washing, rainwater and runoff from curbs, gutters, and drains, including drip pans and wash areas.

Desalinization Unit Discharge- wastewater associated with the process of creating fresh water from salt water.

Domestic Wastes- wastewater generated from galleys, sinks, showers, and laundries.

Drill Cuttings- particles generated by drilling into subsurface geological formations.

Drilling Fluids- any fluid sent down the hole, including drilling muds and any specialty products, from the time a well is begun until final cessation of drilling in that hole.

Drilling Mud- a heavy suspension used in drilling a well, introduced down the drill pipe and through the drill bit.

Effluent Limitation- any applicable state or federal quality or quantity limitation that imposes any restriction or prohibition on quantities, discharge rates, and concentrations of pollutants discharged into the waters of the state.

Facility- a pollution source or any public or private property or site and all contiguous land and structures, and other appurtenances and improvements, where any activity is conducted that discharges or may result in the discharge of pollutants into waters of the state.

Fire Control System Test Water- surface water and fire fighting agents discharged during periodic testing of fire control systems.

Freshwater Swamps and Marshes- those areas that are inundated or saturated by surface water or groundwater of negligible to very low salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, emergent vegetation characterized by a prevalence of species typically adapted for life in these soil and contiguous surface water conditions. Typical vegetation includes maiden cane (Panicum hemitomon), Hydrocotyl sp., water hyacinth (Eichhornia crassipes), pickerelweed (Pontederia cordata), alligatorweed (Alternanthera philoxeroides), and bulltongue (Sagittaria sp.). Interstitial water salinity is normally less than two parts per thousand.

Intermediate Marshes- those areas that are inundated or saturated by surface water or groundwater of low salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, emergent vegetation characterized by a prevalence of species typically adapted for life in these soil and contiguous surface water conditions. Typical vegetation includes wiregrass (Spartina patens), deer pea (Vigna repens), bulltongue (Sagittaria sp.), wild millet (Echinochloa walteri), bullwhip (Scirpus californicus), and sawgrass (Cladium jamaicense). Interstitial water salinity normally ranges between three and six parts per thousand.

Native Mud Drilling Fluids- those drilling fluids that do not contain heavy-metal-based additives such as chrome lignosulfonate or weighting agents such as barite or hematite.

Noncontact Cooling Water- water that is used to remove heat and which does not come into direct contact with any raw material, intermediate, or finished product.

Pollutant- any substance introduced into the waters of the state by any means that would tend to degrade the chemical, physical, biological, or radiological integrity of the environment.

Pollution Source- the immediate site or location of a discharge or potential discharge, including such surrounding property as is necessary to secure or quarantine the area from access by the general public.

Produced Sand- sand and other solids removed from produced water, oil, or gas.

Produced Water- liquid and suspended particulate waste material generated by the processing of fluids brought to the surface in conjunction with recovery of oil or natural gas from underground geologic formations or with underground storage of hydrocarbons.

Saline Marshes- those wetland areas that are inundated or saturated by surface water or groundwater of salinity characteristic of near Gulf of Mexico ambient water at a frequency and duration sufficient to support, and that under normal circumstances do support, emergent vegetation characterized by a prevalence of species typically adapted for life in these soil and contiguous surface water conditions. Typical vegetation includes oystergrass (Spartina alterniflora), glasswort (Salicornia sp.), black rush (Juncus roemerianus), Batis maritima, black mangrove (Avicennia nitida), and saltgrass (Distichlis spicata). Interstitial water salinity normally exceeds 16 parts per thousand.

Sanitary Waste- treated or untreated wastewaters that contain human metabolic wastes.

Source Water and Sand- water, including the entrained solids, from non-hydrocarbon-bearing formations used for the purpose of pressure maintenance or secondary recovery.

Stormwater Runoff- aqueous surface runoff including any soluble or suspended material mobilized by naturally occurring precipitation events.

Territorial Seas- the belt of the seas measured from the line of ordinary low water along that portion of the coast in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles (as defined at 33 U.S.C. 1362.8 ).

Toxicity Unit (TU)- a numerical value defined as the quotient of the discharged effluent concentration divided by the effluent concentration producing lethality (TUa Toxicity Units, acute toxicity) or the effluent concentration producing no observable effect (TUc Toxicity Units, chronic toxicity).

Upland- any land area that is not normally inundated with water and that would not, under normal circumstances, be characterized as swamp or fresh, intermediate, brackish, or saline marsh. The term shall have both a regional and site-specific connotation; for example, naturally occurring and man-made topographic highs that are partially or totally surrounded by swamp, marsh, or open water will be considered upland on a local basis, but will not necessitate characterization of the surrounding area as upland. The land and water bottoms of all parishes north of the nine parishes contiguous with the Gulf of Mexico will be considered in toto as upland regions. The designation of upland in those parishes bordering the Gulf of Mexico shall be determined on a case-by-case basis with reference to the presence of a regional expanse of emergent aquatic vegetation or open water.

Visible Sheen- a silvery or metallic sheen, gloss, or increased reflectivity; visual color; or iridescence on the water surface.

Well Completion Fluid- salt solutions, sometimes containing various additives, which are used to prevent damage to the wellbore during operations which prepare the drilled well for hydrocarbon production. Drilling fluids remaining in the wellbore during logging, casing and cementing operations or during temporary abandonment of the well are not considered completion fluids.

Well Treatment Fluid- fluids used to restore or improve productivity by chemically or physically altering hydrocarbon-bearing strata after a well has been drilled. These fluids include substances such as acids, solvents, and propping agents.

Workover Fluid- salt solutions, sometimes containing specialty additives, which are used in a producing well to allow safe repair and maintenance procedures. High solids drilling fluids used during workover operations are not considered workover fluids by definition and therefore must meet drilling fluid effluent limitations before discharge may occur. Packer fluids, low solid fluids between the packer, production string and well casing, are considered to be workover fluids.

C. Effluent Guidelines. The following effluent guidelines establish general and discharge-specific guidelines for discharges associated with oil and natural gas exploration and production activities.
1. General Guidelines
a. There shall be no unpermitted discharge of waste oil, produced water, drilling fluids, drill cuttings, or other wastes, nor any uncontrolled discharges of wastewater, including stormwater runoff, from exploration and production sites.
b. A Spill Prevention and Control Plan shall be prepared and implemented in accordance with the provisions specified in LAC 33:IX.901-907. This plan shall establish a program for regular inspection of all storage tanks, separators, and related production and transfer equipment. The plan shall also include provisions for, at a minimum, annual monitoring of flow line integrity through a combination of visual inspection and pressure testing or through the use of an approved alternate methodology. Inspection and test records shall be maintained for a minimum of three years. The plan shall also establish provisions for ready access to, and rapid deployment of, containment booms and ancillary spill containment and cleanup equipment. Discharges shall be controlled through the following measures.
i. All workover and drilling barges, and production facilities shall be equipped with pollution containment devices that under normal operating conditions prevent unauthorized discharges.
ii. All storage tanks, separators, and related production and transfer equipment to be located in open water or wetland areas, where building dikes is impossible or impracticable, shall be installed on impervious decking provided with a system of curbs, gutters, and/or sumps capable of retaining spills of oil, produced water, or any other product or waste material. Storage and processing facilities located in open water or wetland areas that lack appropriate spill prevention and control appurtenances shall be modified to achieve compliance within four years after promulgation of these regulations.
iii. All drains from diked areas shall be equipped with valves that are kept in the closed position except during periods of supervised discharge.
iv. In the event of an unauthorized discharge of oil, produced water, or any other product or waste material, a remedial response must be immediately initiated and the Office of Environmental Compliance shall be notified in accordance with LAC 33:I.3901 et seq. The remedial response shall include immediate removal of discharged materials and, to the extent practicable, decontamination of any water, soil, sediment, or vegetation adversely impacted by the unauthorized discharge. If immediate cleanup is not considered to be an appropriate remedial measure, the responsible party shall notify the Office of Environmental Compliance of the alternative remedial plan and shall promptly implement said plan upon approval by the department. Submission of an alternate plan shall in no way relieve the responsible party of its duty to contain and mitigate the effects of the discharge.
v. Use of detergents, emulsifiers, or dispersants to clean up spilled oil is prohibited unless the use has been specifically approved by the department or is necessary to maintain a safe work environment (i.e., minimization of the potential for personnel injury due to slipping hazards). In all such cases, initial cleanup shall be done by physical removal. Detergents, emulsifiers, or dispersants shall not be employed to sink, obscure, or camouflage spilled materials or to in any way hinder observation of a spill event.
vi. At least 2 feet of freeboard shall be maintained in all earthen pits at any time. Any discharge of wastewater from earthen pits directed to waters of the state must be conducted in accordance with the provisions of a valid Louisiana Water Discharge Permit System (LWDPS) permit.
2. Produced Water
a. Freshwater Areas
i. All produced water discharges must be specifically identified in a valid LWDPS permit.
ii. The discharge of produced water directly onto any vegetated area, soil, or intermittently exposed sediment surface is prohibited.
iii. There shall be no discharge of produced water to lakes, rivers, streams, bayous, canals, or other surface waters of the state in areas regionally characterized as upland.
iv. There shall be no discharge of produced water to freshwater swamp or freshwater marsh areas or to natural or manmade water bodies bounded by freshwater swamp or freshwater marsh vegetation unless the discharge has been specifically identified in an approved schedule for discharge termination, and the discharge complies with all applicable portions of LAC 33:IX.708.C.2.e.
v. A schedule for discharge termination shall not be approved for a surface discharge initiated after the promulgation of this regulation. The operator of a facility having a produced water discharge in existence on the date of promulgation of these regulations shall be subject to the prohibition against surface discharge of produced water unless the operator establishes that surface discharge is the only immediately available alternative and that the produced water discharge termination schedule is limited in term to the period necessary to provide an alternate waste-handling method. A compliance schedule that would delay compliance beyond July 1, 1992, will not be approved.
b. Intermediate, Brackish, and Saline Water Areas Inland of the Territorial Seas
i. All produced water discharges must be specifically identified in a valid individual or general permit or order and must comply with all applicable portions of LAC 33:IX.708.C.2.f.
ii. The discharge of produced water directly onto any vegetated area, soil, or intermittently exposed sediment surface is prohibited.
iii. There shall be no discharge of produced water to natural or man-made water bodies located in intermediate, brackish, or saline marsh areas after January 1, 1995, unless the discharge or discharges have been authorized in an approved schedule for elimination or effluent limitation compliance.
iv. Each operator of a facility with a produced water discharge in existence on the date of promulgation of these regulations shall submit a schedule within six months after promulgation detailing a time frame for achieving compliance with the restrictions imposed by Subparagraph b.i-x. The compliance schedule shall be prepared in conformance with the following guidelines.
(a). An operator conducting three or more produced water discharges shall submit for approval a schedule of compliance that will result in phased elimination or compliance with applicable effluent limitations for all produced water discharges by January 1, 1995. The schedule is expected to call for termination of discharge or compliance with applicable effluent limitations for approximately one-third of the discharges existing on the date of promulgation by January 1, 1993; for two-thirds of the discharges by January 1, 1994; and for full compliance by January 1, 1995.
(b). An operator conducting no more than two produced water discharges shall submit for approval a schedule of compliance that will result in phased elimination or compliance with applicable effluent limitations for all produced water discharges by January 1, 1995. One discharge is expected to be eliminated or conducted in compliance with applicable effluent limitations by January 1, 1994.
(c). An operator conducting a single produced water discharge shall eliminate surface discharge or conduct the discharge in compliance with applicable effluent limitations by January 1, 1994.
(d). Facilities with a total produced water discharge of 250 barrels/day or less and a maximum oil production of 100 barrels/day or the monetary equivalent in natural gas, as of the effective date of this regulation, will be provided an additional year to comply with the requirements of LAC 33:IX.708.C.2.b.i-x.
(e). Operators discharging to the open waters and at least 1 mile from any shoreline in Chandeleur Sound, Breton Sound, Barataria Bay, Caminada Bay, Timbalier Bay, Terrebonne Bay, East Cote Blanche Bay, West Cote Blanche Bay, or Vermilion Bay from production originating in these areas will have two years after the effective date of these regulations or one year after completion of the U.S. Department of Energy's (DOE) study concerning Louisiana coastal bays, whichever comes first, to show on a case-by-case basis that their particular discharge should be exempt from these regulations, if the DOE study, after scientific peer review, shows minimal acceptable environmental impacts.
v. Requests for an extension of the compliance period beyond the January 1, 1995, deadline will be considered if submitted with the original compliance schedule and if the following conditions are met.
(a). The operator establishes that surface discharge is the only immediately available and economically feasible alternative, that continued discharge does not represent gross potential for unacceptable environmental degradation, and that the produced water discharge termination schedule is limited in term to the period necessary to provide an alternate waste-handling method.
(b). The proposed extension would not extend the date of discharge termination or effluent limitation compliance beyond January 1, 1997.
vi. A compliance schedule will not be required for a surface discharge initiated after the promulgation of these regulations; however, produced water discharges authorized after the date of promulgation but before December 31, 1992, must be eliminated or conducted in compliance with applicable effluent limitations by January 1, 1995. Produced water discharges authorized after December 31, 1992, must achieve compliance with applicable effluent limitations on the date of discharge initiation.
vii. The following effluent limitations establish the quantity or quality of pollutants or pollutant properties that may be discharged by a facility subject to this Section:

Pollutant or Pollutant Property

Discharge Limitation

Benzene

0.0125 mg/L daily maximum

Ethylbenzene

4.380 mg/L daily maximum

Toluene

0.475 mg/L daily maximum

Oil and Grease

15 mg/L daily maximum

Total Organic Carbon

50 mg/L daily maximum

pH

6-9 standard units

Temperature

(as per LAC 33:IX.1113.C.4)

Total Suspended Solids

45 mg/L daily maximum

Chlorides

Dilution required at a ratio of 10:1 (ambient water: produced water). All other prescribed parameters must be within acceptable limits prior to dilution.

Dissolved Oxygen

4.0 mg/L daily minimum

Toxicity (Acute and Chronic)

1 Toxicity Unit

Soluble Radium

60 picocuries/L (2.2 becquerels/L)

Visible Sheen

No Presence

NOTE: The numerical limitations listed above are to be construed as minimum effluent standards and should in no way be considered authorization to induce a violation of ambient water quality standards.

viii. Surface disposal of de minimis quantities (less than 1 barrel per day) of produced water may be authorized on a case-by-case basis. Effluent limitations for de minimis discharges will be established on a case-by-case basis in accordance with the provisions of the LWDPS permit authorizing the discharge, but will at a minimum require that the effluent be treated to a point at which the discharge does not generate a persistent visible sheen.
ix. There shall be no discharge of produced water within the boundaries of any state or federal wildlife management area, refuge, park, or scenic stream or into any water body determined by the department to be of special ecological significance.
x. Produced water shall not be discharged within 1,300 feet (via water) of an active oyster lease, live natural oyster or other molluscan reef, designated oyster seed bed, or sea grass bed. No produced water shall be discharged in a manner that, at any time, facilitates the incorporation of significant quantities of hydrocarbons or radionuclides into sediment or biota.
c. Territorial Seas
i. All produced water discharges must be specifically identified in a valid LWDPS permit.
ii. Surface disposal of produced water into open waters of the Gulf of Mexico within the area defined as the territorial seas may be authorized on a case-by-case basis in accordance with the provisions of the LWDPS permit authorizing the discharge.
iii. The discharge of produced water directly onto any intermittently exposed sediment surface is prohibited.
iv. Produced water shall not be discharged within the boundaries of any state or federal wildlife management area, refuge, or park or into any water body determined by the department to be of special ecological significance.
v. Produced water shall not be discharged within 1,300 feet (via water) of an active oyster lease, live natural oyster or other molluscan reef, designated oyster seed bed, or sea grass bed. No produced water shall be discharged in a manner that, at any time, facilitates the incorporation of significant quantities of hydrocarbons or radionuclides into sediment or biota.
d. Radioactivity and Toxicity Analyses. A radioactivity measurement, acute toxicity test, and chronic toxicity test shall be conducted using test methods approved by the administrative authority on representative samples of all existing produced water discharges that flow to the surface waters of the state. The results of the radioactivity analysis and the average daily discharge rate (barrels per day) shall be submitted to the department by August 20, 1989. The results of the toxicity analyses and the average daily discharge rate (barrels per day) shall be submitted to the department by February 20, 1990.
e. Discharge of Produced Water into Freshwater Areas after January 1, 1997
i. In light of LPDES general permit LAG290000 and the "Final Effluent Limitations Guidelines and Standards for the Coastal Subcategory of the Oil and Gas Extraction Point Source Category," published December 16, 1996, and effective January 14, 1997 (the federal guidelines), facilities that discharge produced water as authorized in a valid LWDPS permit as of July 1, 1996, shall cease the discharge of produced water by July 1, 1997, unless the continued discharge is specifically identified in an order.
ii. Each facility desiring to continue to discharge produced water after July 1, 1997, shall submit to the department, no later than May 1, 1997, a schedule to:
(a). accomplish reinjection of the produced water as expeditiously as possible; or
(b). return their produced water which originated seaward of the coastal areas identified in LAC 33:IX.708.C.2.e.iv.(a) to those areas of origin.
iii. In addition to the schedule required in LAC 33:IX.708.C.2.e.ii, the submittal shall include, at a minimum, a certification by the facility operator of all of the following:
(a). surface discharge of produced water is the only immediately available alternative;
(b). the produced water discharge elimination schedule is limited in term to the period necessary to provide an alternate waste-handling method;
(c). the discharge of produced water has not been eliminated pending the installation of injection systems or returning it to its area of origin (seaward of the coastal areas identified in LAC 33:IX.708.C.2.e.iv.(a));
(d). the discharge will not cause a violation of water quality standards in the receiving waters; and
(e). the discharge was previously permitted.
iv. Discharges of produced water pursuant to this rule shall not extend beyond the date upon which the produced water discharge can reasonably be eliminated. In no event shall a discharge of produced water to a major deltaic pass of the Mississippi River or to the Atchafalaya River, including Wax Lake Outlet, below Morgan City, continue:
(a). beyond January 1, 1999, for produced water generated in coastal areas as defined in 40 CFR Part 435.41(e);
(b). beyond January 1, 2000, for produced water generated seaward of coastal areas identified in LAC 33:IX.708.C.2.e.iv.(a); or
(c). beyond January 1, 2000, for facilities that discharge produced water generated in any combination of areas described in LAC 33:IX.708.C.2.e.iv.(a) and (b).
v. There shall be no discharge of produced water to a major deltaic pass of the Mississippi River or to the Atchafalaya River, including Wax Lake Outlet, below Morgan City, after January 1, 2000.
f. Discharge of Produced Water into Intermediate, Brackish, and Saline Water Areas Inland of the Territorial Seas after January 1, 1997
i. Notwithstanding the absolute deadline of LAC 33:IX.708.C.2.b.v.(b) and in light of the federal guidelines, facilities previously authorized by valid LWDPS permits as of July 1, 1996, to discharge produced water under LAC 33:IX.708.C.2.b.iv, pursuant to an approved compliance schedule shall:
(a). cease the discharge of produced water by February 14, 1997; or
(b). submit a revised schedule to accomplish injection of the produced water as expeditiously as possible. This schedule shall be received by the department on or before February 14, 1997. Submission of a schedule is not a defense to an enforcement action for a facility's failure to adhere to the terms and conditions of its permit or prior compliance schedule. In addition to the schedule submission, a certification must be submitted by the facility operator which includes the requirements of LAC 33:IX.708.C.2.e.iii. No compliance schedules in an enforcement order shall extend beyond the minimum time demonstrated necessary for elimination of the discharge and in no case beyond January 1, 1999.
ii. All terms, conditions, limitations, and requirements of the most recent LPDES permit or compliance schedule or order identifying a produced water discharge shall continue in full force and effect unless the department provides otherwise in writing. A schedule to discharge produced water after July 1, 1997, is solely within the department's enforcement discretion and shall be granted only through a compliance order.
iii. There shall be no discharge of produced water to natural or man-made water bodies located in intermediate, brackish, or saline marsh areas after January 1, 1999.
3. Drill Cuttings and Drilling Fluids
a. The discharge of drill cuttings or drilling fluids, including stormwater runoff contaminated by drill cuttings or drilling fluids, must be conducted in accordance with a valid LWDPS permit.
b. There shall be no discharge of oil-based drilling fluids.
c. There shall be no batch or bulk discharge of drilling fluids into water bodies inland of the territorial seas.
d. Drilling fluids or drill cuttings shall not be discharged within the boundaries of state or federal wildlife management areas, refuges, parks, or scenic streams or into any water body determined by the department to be of special ecological significance.
e. The discharge of drill cuttings or bulk drilling fluids (if allowed) must not occur within 1,300 feet (via water) of an active oyster lease, live natural oyster or other molluscan reef, designated oyster seed bed, or sea grass bed. No discharge shall be made in such a manner as to allow deposition of drill cuttings or drilling fluids in or upon any active oyster lease, live natural reef, or seed bed. If the discharge is to take place within 1 mile of an area containing oyster leases, a lease map must be forwarded to the Office of Environmental Services showing the location of the discharge and surrounding leases. If the applicant considers any oyster lease, live natural oyster or other molluscan reef, or designated seed bed within 1,300 feet of a discharge of drilling fluids or drill cuttings to be inactive, written documentation and evidence must be submitted to the Office of Environmental Services for a determination to be made as to the acceptability of such a discharge.
f. In fresh and intermediate marsh areas, only drill cuttings generated on-site and their adhering native mud drilling fluids may be discharged.
g. There shall be no discharge of drill cuttings generated in association with the use of oil-based drilling fluids, invert emulsion drilling fluids, or drilling fluids that contain diesel oil, waste engine oil, cooling oil, gear oil, or other oil-based lubricants.
h. Documentation shall be maintained detailing the nature and volume of all constituents added downhole in conjunction with drilling and workover operations. This documentation shall be available for inspection on site during drilling and workover operations and thereafter in accordance with the provisions of LAC 33:IX.311.J.7.
4. Stormwater Runoff
a. An LWDPS permit may be required for stormwater runoff discharges generated in conjunction with exploration and production activities in upland regions.
b. The discharge of stormwater runoff generated in conjunction with exploration and production activities conducted in any region not designated as upland must be reflected in a valid LWDPS permit unless appropriate prior dispensation has been received from the department.
c. There shall be no discharge of free oil or other oily materials from any facility as evidenced by a visible sheen or residual oil deposits or stains in the drainage area downstream of the discharge point.
d. Stormwater runoff shall not exceed 100 mg/L chemical oxygen demand, 50 mg/L total organic carbon, or 15 mg/L oil and grease.
e. Maximum chloride concentration of the discharge shall not exceed two times the ambient concentration of the receiving water in brackish marsh areas and shall not exceed 500 mg/L in freshwater or intermediate marsh areas and upland areas.
f. The discharge of stormwater runoff from diked areas employed for the purpose of secondary containment shall be permitted provided:
i. the discharge is generated from areas that have not been contaminated by accidental spills or by intentional discharge of waste materials; or
ii. the discharge has been specifically identified in a valid LWDPS permit.
5. Drilling Fluid Reserve Pit and Production Pit Closure. This discharge category includes the discharge of treated wastewater from drilling site reserve pits, ring levee borrow ditches, shale barges, drilling fluid dewatering systems, and abandoned or inactive oil field production pits that contain only nonhazardous oil field wastes. The treatment and discharge of water from off-site oil field waste disposal pits or pits containing waste other than nonhazardous oil field wastes are prohibited.
a. Discharge of treated wastewater must be specifically identified in a valid LWDPS permit.
b. Effluent Limitations

Pollutant or Pollutant Property

Discharge Limitation

Volume

Report (mgd)

Oil and Grease

15 mg/L daily maximum

Total Suspended Solids

50 mg/L daily maximum

Chemical Oxygen Demand

125 mg/L daily maximum

Chlorides

500 mg/L daily maximum*

Total Chromium

0.5 mg/L daily maximum

Zinc

5.0 mg/L daily maximum

* See LAC 33:IX.708.C.5.d.

i. Discharge limitations are instantaneous maxima and apply throughout the duration of the discharge.
ii. Discharge pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
c. Each discharge will require specific prior approval from a representative of the Office of Environmental Compliance. An analysis of the treated water shall be submitted to and approved by a representative of the Office of Environmental Compliance prior to discharge.
i. The initial sample of treated water shall be obtained from the treated water returned to the pit or other containment structure after operation of the treatment equipment.
ii. A copy of the initial and subsequent water analysis shall be available at the site during pit closure or dewatering activities.
iii. The discharge shall be withdrawn at or near the surface of the fluid in the drilling site reserve pit, ring levee borrow ditch, shale barge, or drilling fluid dewatering treatment train compartment.
d. Dilution shall not be used to comply with any of the discharge limitations unless specific written authorization from the Office of Environmental Compliance has been obtained. The only parameter for which dilution will be considered is chloride. Formal written requests for approval to allow dilution of chloride levels should be addressed to the Office of Environmental Compliance. Consideration of written requests to allow dilution of chloride levels in drilling site reserve pits, ring levee borrow ditches, shale barges, drilling fluid dewatering systems, and abandoned or inactive oil field production pits will be made on a case-by-case basis and only if the following conditions can be met.
i. Prior treatment shall have brought all other applicable parameters to levels within permit limits before dilution.
ii. The discharge after dilution will be a short-term, one-time batch-type event.
iii. The discharge will not traverse, pool up within, or in any other way contact agricultural lands.
iv. The discharge is made only to a receiving water body exhibiting sufficient volume and assimilative capacity to preclude elevation of ambient chloride levels above that established by the Louisiana Water Quality Criteria for the basin segment or watershed within which the receiving water body is contained.
v. The Office of Environmental Compliance representative concludes that no adverse environmental effects will result from the discharge of pretreated and diluted wastewater.
e. An on-site inspection by department personnel may be required prior to discharge approval.
f. Additional monitoring, including daily and 24-hour composite sampling, may be required for any specific discharge event or site at the discretion of the department.

La. Admin. Code tit. 33, § IX-708

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 15:261 (April 1989), amended LR 17:263 (March 1991), LR 23:860 (July 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2544 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2506 (October 2005), LR 33:2162 (October 2007).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)