Section R. 324.705 - Disposition of brineRule 705.
(1) A permittee of a well is responsible for the proper disposal of all brines produced in association with oil or gas production, or both, or brines accumulated in drilling mud pits or tanks and shall ensure that waste, as defined in section 61501(q) of the act, will not occur. A permittee may convey or transfer brines for other purposes if the brines are in compliance with the conditions provided in subrule (3) of this rule. A permittee shall be required to maintain records on the disposition of all brines pursuant to subrule (4) of this rule, and a permittee shall not have continuing liability relative to the transport or application of the brines after the brines are properly conveyed or transferred.(2) Upon the effective date of these rules, a permittee of a well shall not use brines produced in association with drilling for oil and gas, or both, and accumulated in drilling mud pits for ice or dust control purposes.(3) Twelve months after the effective date of these rules, a permittee shall dispose of all brines as provided in R 324.703 or shall use the brines in a manner approved by the supervisor; however, some brines may be conveyed or transferred and used for ice and dust control and road stabilization if all of the following conditions are satisfied: (a) Brines shall not be used for ice and dust control and road stabilization if the brines are obtained from wells containing more than 20 ppm hydrogen sulfide in the gas stream, unless it can be shown that there is less than a 500-ppm-hydrogen sulfide concentration present in the brine.(b) The brines shall contain a 20, 000-milligrams-per-liter or more concentration of calcium.(c) The brines shall contain less than a 1, 000-micrograms-per-liter concentration of each of the following aromatic hydrocarbons:(d) Only brines that have been approved by the supervisor or authorized representative of the supervisor may be exempt from the disposal requirements of R 324.703. For a permittee to obtain approval to exempt brine from the disposal requirements of R 324.703, all of the following conditions shall be satisfied: (i) The brine shall be tested annually within 90 days of January 1 of each year by the person seeking authorization to utilize the brine for other purposes. The brine shall be tested using any of the following procedures: (A) Method 200.7 ICP-AES, entitled "Method for Trace Element Analysis of Water and Wastes, Methods for Chemical Analysis of Water and Wastes," March 1983 edition.(B) Method 6010A, entitled "Inductively Coupled Plasma, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," 1984 edition 3.(C) Method 602, entitled "Purgeable Aromatics, Guidelines Establishing Test Procedures for the Analysis of Pollutants," 40 C.F.R. part 136, appendix A, revised July 1990.(D) Method 8020A, "Aromatic Volatile Organics by Gas Chromatography, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," 1984 edition 3.(E) Method 8240A, entitled "Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry: Packed Column Technique, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," 1984 edition 3.(F) Method 8260A, entitled "Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry: Capillary Column Technique," 1984 edition 3.(G) Method 325.3, entitled "Chloride (Colorimetric, Automated Ferricyanide), Guidelines Establishing Test Procedures for the Analysis of Pollutants," 40 C.F.R. part 136, appendix A, revised July 1990.(H) Method 4500-CLE, entitled "Chloride, Methods for the Determination of Organic Compounds in Drinking Water" and supplement I, December 1988 and July 1990 editions. The testing methods are adopted by reference in these rules and copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained without charge from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, or from the United States Environmental Protection Agency, Office of Research and Development, 26 West Martin Luther King Boulevard, Cincinnati, Ohio 45268.
(ii) The sample of brine used for analysis shall be obtained from the point of loading of the storage tank where the brine is first separated from the production stream.(iii) A chemical analysis of each brine source showing the concentrations of all of the following shall be submitted to the supervisor or authorized representative of the supervisor within 30 days of the completion of the analysis: (iv) The chemical analysis shall include all of the following information:(D) Location of the individual well.(E) If the brine is obtained from a tank battery or central production facility, the name, number, permittee, and location of the tank battery or central production facility.(4) A permittee of a well shall maintain records for 2 years on the disposition of all brines produced in association with oil or gas production, or both. The records shall indicate dates, volumes, recipient, transporter, destination, and proof of delivery. If the person authorized to utilize the brine for other purposes receives the brine at an unattended loading site, then the person shall provide the permittee with a signed record describing the date, volume, time, destination, and proof of delivery. A permittee of a well shall make the records available for inspection by the supervisor or authorized representative of the supervisor at all times. A permittee of a well shall protect the records from damage or destruction due to preventable cause.(5) A permittee of a well shall ensure that brine that is in compliance with the conditions listed in subrule (3) of this rule is also in compliance with all applicable state and federal laws and regulations.Mich. Admin. Code R. 324.705
An obvious error in R 324.705 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2015. The memorandum requesting the correction was published in Michigan Register, 2018 MR 10