Okla. Admin. Code § 165:10-7-17

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-7-17 - Surface discharge of fluids

(a)Scope. This Section shall cover the surface discharge of hydrostatic test water, storm water from diked areas, and produced water from tanks or other containment vessels.

(b)Discharge of hydrostatic test water.

(1) Hydrostatic test water used in the testing of new pipeline segments, new casing, new tubing, new tanks and new vessels, may be discharged as necessary without a permit, notification to the Commission, or adherence to any other provisions of this Section, provided the following conditions are met:

(A)Low chlorides. Chloride concentration does not exceed 1000 mg/l.

(B)Sheen. There shall be no visible sheen or discoloration as a result of testing; however, certain dyes used to establish mechanical integrity may be approved.

(C)Notice to appropriate Conservation Division District Office. Any discharges exceeding 1,000 barrels shall require notification to the appropriate Conservation Division District Office.

(2) Hydrostatic test water used in the testing of existing tanks, vessel lines and transmission pipelines may be discharged upon notification to the Oklahoma Corporation Commission appropriate Conservation Division District Office on Form 1014HD provided that the following conditions are met:

(A)Oil and grease. The oil and grease content of the discharge water shall not exceed 15 mg/l.

(B)Sheen. There shall be no visible sheen or discoloration as a result of testing; however, certain dyes used to establish mechanical integrity may be approved.

(C)Total Suspended Solids. The Total Suspended Solids shall not exceed 45 mg/l.

(D)pH. The pH shall not be less than 6.5 nor exceed 9 s.u.

(E)Foreign material. The discharge must be free from foreign material such as welding scrap tank sediments or sand blasting waste material.

(F)Soil erosion. Standard soil erosion prevention procedures shall be required.

(3) Hydrostatic test water that meets the requirements listed in (b) (2) of this Section may be discharged in volumes less than 15 bbls without filing Form 1014HD.

(4) Hydrostatic test water that will be discharged to land and not directly into waters of the state and which may exceed the discharge parameters specified in (b)(2), shall be discharged only upon submission and approval by the Pollution Abatement Department of a plan for one-time discharge.

(5) Hydrostatic test water not covered under (b)(1) from transmission lines and tanks that contain waste products that are listed as hazardous waste under the Resource Conservation and Recovery Act and have not been cleaned or pigged must meet the following discharge requirements in addition to (b)(2) of this Section:

(A) The following parameters may not be exceeded: Benzene, .028 MG/L; toluene, .3 MG/L; phenol, .250 MG/L.

(B) EPA analytical method 8020 shall be used unless approved by the Manager of Pollution Abatement.

(c)Discharge of storm water. Storm water accumulations in any diked area built for the containment of tank battery spills may be discharged as necessary without a permit, notification to the Commission, or adherence to any other provisions of this Section, provided the following conditions are met:

(1)No hydrocarbons. A visual inspection of the storm water is made and there is no sheen or other visible evidence of hydrocarbons being present.

(2)Low chlorides. Chloride concentration does not exceed 1000 mg/l.

(3)Conditions recorded. The operator records the conditions required by (1) and (2) in this subsection for each discharge, maintains those records for a period of three (3) years, and makes them available upon request to any representative of the Field Operations Department.

(d)Discharge of produced water.

(1)Site restrictions. Discharge of produced water shall only occur on land having an Exchangeable Sodium Percentage (ESP) no greater than 15, pursuant to (f)(3) of this Section, and all of the following characteristics as determined by the appropriate Soil Conservation District or by a qualified soils expert:

(A) A maximum slope of five percent.

(B) Depth to bedrock at least 20 inches.

(C) Slight salinity (defined as electrical conductivity less than 4,000 micromhos/cm) in the topsoil or upper six inches of the soil.

(D) A water table deeper than six feet from the soil surface, except a perched water table.

(E) A minimum distance of 100 feet from any stream designated by Oklahoma Water Quality Standards (available for viewing at the Commission's Oklahoma City Office and appropriate Conservation Division District Offices) or any fresh water pond, lake, or wetland (designated by the National Wetlands Inventory Map Series, prepared by the U.S. Fish and Wildlife Service and available for viewing at the Commission's Oklahoma City Office).

(2)Water quality limitations. A surface discharge permit shall not be issued if the produced water to be discharged exceeds either of the following concentrations:

(A) Total Dissolved Solids (TDS) or Total Soluble Salts (TSS) - 5000 mg/l.

(B) Oil and Grease - 1000 mg/l.

(e)Sampling requirements.

(1)Contact with appropriate Conservation Division District Office. The appropriate Conservation Division District Office shall be contacted at least two business days prior to sampling to allow a Commission representative an opportunity to witness the sampling of the receiving soil and produced water to be discharged. A variance from this provision may be granted by the appropriate Conservation Division District Office for justifiable cause. A written request and supporting documentation shall be required. The appropriate Conservation Division District Office shall respond in writing within five working days after receipt, either approving or disapproving the request.

(2)Produced water. Produced water to be discharged shall be sampled using the following procedure, unless exempt pursuant to (f)(4) of this Section.

(A) Prior to sampling, fresh water shall not be added to any tank or other containment vessel for dilution or any other purpose.

(B) A sample of the produced water to be discharged shall be taken from the bottom of the tank or other containment vessel. A minimum two quart sample shall be placed into a foil or teflon covered, glass container. The container shall be filled completely to exclude air and delivered to the laboratory within seven days. No samples shall be altered in any way.

(C) Another sample of the produced water to be discharged (approximately one pint) shall be properly labeled and delivered or otherwise provided to the appropriate Conservation Division District Office or Field Inspector, unless exempt by the District Manager.

(3)Receiving soil. Soil samples shall be taken from the proposed discharge area and analyzed, unless exempt pursuant to (f)(4) of this Section. A minimum of 20 representative surface core samples (0-6 inches) must be taken from each sample area, combined and thoroughly mixed, then a minimum one pint composite sample taken and placed in a clean container for delivery to the lab. No sample area shall exceed 40 acres.

(f)Analysis requirements.

(1)Certified laboratory. The samples of soil and produced water shall be analyzed by a laboratory operated by the State of Oklahoma or certified by the Department of Environmental Quality or in the North American Proficiency Testing System, unless exempt pursuant to (4) of this subsection.

(2)Parameters for produced water. Parameters for analysis of the produced water shall include, but not be limited to, Total Dissolved Solids (TDS) or Total Soluble Salts (TSS) and Oil and Grease.

(3)Parameters for soil. Parameters for analysis of the receiving soil shall include, but not be limited to, Electrical Conductivity or Total Soluble Salts (TSS) and Exchangeable Sodium Percentage (ESP).

(4)Exemptions. The appropriate Conservation Division District Office may exempt the analysis of produced water if an analysis of the produced water from a well located within one mile and producing from the same formation has been previously submitted. Analysis of the receiving soil may be exempt if an analysis of the same soil type(s) within one mile of the proposed discharge site has been previously submitted.

(g)Application for permit.

(1)Permit required. No person shall discharge produced water from a tank or other containment vessel without applying for and obtaining a permit issued under this subsection. An operator discharging produced water without a permit may be fined up to $1,000.00.

(2)Who may apply. Only the operator of the well associated with the tank or other containment vessel, the contents of which are sought to be discharged, may apply for a surface discharge permit.

(3)Required form and attachments. Each application for surface discharge of produced water shall be submitted to the appropriate Conservation Division District Office on Form 1014D in quadruplicate. The forms shall be properly completed and signed. Attached to at least one of the forms shall be the following:

(A) A copy of written notice to the surface owner that the applicant intends to discharge produced water as per 165:10-7-17 to a specific portion of real property as designated by legal description.

(B) If the operator has an agent, a contractual agreement between the parties or an affidavit designating the contractor or agent (Form 1014LA).

(C) A well prepared map or diagram, drawn to scale, showing the proposed and potential discharge areas.

(D) Site suitability report, pursuant to (d)(1) of this Section, provided by a qualified soils expert (include qualifications).

(E) Analysis of produced water, unless exempt pursuant to (f)(4) of this Section.

(F) Soil analysis, unless exempt pursuant to (f)(4) of this Section.

(G) Other information as required by this Section or requested by the appropriate Conservation Division District Office.

(4)Review period. The appropriate Conservation Division District Office shall review the application, either approve or disapprove it, and return a copy of Form 1014D within five business days of submission of all required or requested information. If approved, a permit number shall be assigned to Form 1014D; if disapproved, the reason(s) shall be given. The applicant may make application for a hearing if it is not approved.

(h)Maximum application rate.

(1)Soil loading standards. The maximum application rate shall be calculated by the appropriate Conservation Division District Office using the following soil loading standards. (Soil loading standards are based upon standards set forth in "Diagnosis and Improvement of Saline and Alkaline Soils," U.S. Agriculture Handbook 60. Pub. U.S. Salinity Laboratory, Riverdale, California, 1954. "Critical Concentrations for Irrigation Water Supplies," Water Quality Criteria, 1972 Ecological Research Series, EPA R2-73033, March, 1973).

(A) Total Soluble Salts - 6,000 lbs/acre (less TSS in soil).

(B) Oil and Grease - 500 lbs/acre.

(2)Determination of most limiting parameter. The maximum application rate shall be restricted by the most limiting parameter. It may require more than one application to achieve the maximum application rate while avoiding runoff. The appropriate Conservation Division District Office shall indicate on the permit what the maximum application rate shall be after making the following calculations:

PROCEDURE FOR CALCULATING APPLICATION RATE OF TOTAL SOLUBLE SALTS (TSS)
	_____ppm TSS in soil1 × 2 = _____lbs/ac TSS in soil 6000 lbs/ac TSS - _______lbs/ac TSS in soil = Maximum TSS (lbs/ac) to applied Maximum TSS (lbs/ac_____÷(_____ppm TSS in water1×.000001) = Maximum lbs/ac of water to be applied_____ Maximum lbs/ac_____÷_____lbs/bbl2 = Maximum bbls/ac_______
PROCEDURE FOR CALCULATING APPLICATION RATE OF OIL AND GREASE
	500 lbs/ac÷(_____ppm in water×.000001) = Maximum lbs/ac of water to be applied______ Maximum lbs/ac_____÷_____lbs/bbl2 = Maximum bbls/ac_______.
1 Electrical Conductivity (EC expressed in micromhos/cm) may be used to estimate TSS: EC × 0.64 - ppm TSS.
2 Based on documented weight of composite sample.

(i)Conditions of permit. Any discharge of produced water that is done under this Section shall be subject to the following conditions or stipulations of the permit.

(1)Presence of representative. A representative of the operator shall be on the discharge site at all times that water is being applied. A variance from this provision may be granted by the appropriate Conservation Division District Office for justifiable cause. A written request and supporting documentation shall be required. The appropriate Conservation Division District Office shall respond in writing within five business days after receipt, either approving or disapproving the request.

(2)Weather restrictions. Surface discharge shall not be done:

(A) During precipitation events or when precipitation is imminent.

(B) When the soil moisture content is at a level such that the soil would not readily take the addition of water.

(C) When the ground is frozen.

(D) By spray irrigation when the wind velocity is such that even distribution of water cannot be accomplished or the buffer zones, pursuant to (3) of this subsection, cannot be maintained.

(3)Buffer zones. Surface discharge shall not be done within the following buffer zones:

(A) Fifty feet of a property line boundary.

(B) Fifty feet of any stream not designated by Oklahoma Water Quality Standards.

(C) Three hundred feet of any actively-producing water well used for domestic or irrigation purposes.

(D) Eight hundred feet of any public water well.

(4)Application rate. The maximum application rate of produced water stipulated by the permit shall not be exceeded. Application of produced water outside the approved plot shall be prohibited. Accurate records shall be kept as to the quantities discharged and the dates of each discharge.

(5)Discharge method. Discharge of produced water shall be uniform over the approved discharge plot and shall be made by spray irrigation or other method approved by the Commission prior to use. The flood irrigation method shall be limited to those fields that normally are irrigated in that manner.

(6)Runoff or ponding prohibited. No runoff or ponding of discharged water shall be allowed during application.

(7)Annual report. An annual report shall be submitted by April 1 of each year and shall be made on Form 1014P. Attached to the annual report shall be current (within three months) analyses of the produced water and soil from the discharge plot, pursuant to (8) of this subsection.

(8)Additional testing. The produced water shall be analyzed annually and the receiving soils shall be sampled and analyzed a minimum of every five (5) years, pursuant to (e)(1) through (e)(3) and (f)(1) through (f)(3) of this Section. When 75 percent of the maximum permitted application volume of TSS or Oil and Grease [(h) of this Section] has been applied or when the ESP exceeds 11, water and soil sampling shall be done quarterly or semiannually as determined by the appropriate Conservation Division District Office.

(9)Expiration of permit. The permit shall expire by its own terms when testing, pursuant to (8) of this subsection, indicates that the concentration of TSS or Oil and Grease in the water exceeds the limitations of (d)(2) of this Section, or more than 98 percent of the maximum application rate of TSS or Oil and Grease [(h) of this Section] has been applied or the ESP exceeds 15.

(10)Violations. If the applicant violates the conditions of the permit or this Section, the surface discharge shall be discontinued and the appropriate Conservation Division District Office shall be contacted immediately. The appropriate Conservation Division District Office may revoke the permit and/or require the operator to do remedial work. If the permit is not revoked, surface discharge may resume with Field Operations' approval. If the permit is revoked, the operator may make application for a hearing to reinstate it.

(j)Discharge from reserve pits. Water accumulation in any reserve pit used for the containment of air drilling cuttings or water-based drilling fluids may be discharged to land provided a permit is obtained from the Commission. Any operator discharging without a permit may be fined $5,000.00.

(1)Who may apply. Only the operator of the well or the operator's designated agent may apply for the permit.

(2)Required form and attachments. Application for discharge of water to land shall be submitted to the appropriate Conservation Division District Office on Form 1014X. Attached to the application shall be the following:

(A) Written permission of the surface owner.

(B) A topographic map(s) with the location of the discharge area.

(C) Analysis of the water.

(D) Copies of all chain of custody forms.

(E) If there is an agent, a notarized affidavit designating the agent, signed by the operator (Form 1014LA).

(3)Conditions of permit.

(A)Notice to field inspector. The applicant shall notify the appropriate Conservation Division District Office at least 24 hours prior to discharge to allow a Commission representative an opportunity to be present.

(B)Presence of representative. A representative of the operator shall be on the discharge site at all times during discharge.

(C)Condition of water.

(i) Chloride content must not exceed 1,000 mg/l and TDS must not exceed 1,500 mg/l.

(ii)Sheen. There must be no visible sheen or discoloration as a result of drilling operations.

(iii)pH. The pH shall not be less than 6.5 nor exceed 9 standard units.

(D)Foreign material. The discharge shall be free of foreign material such as debris, sediments, and drilling mud solids.

(E)Maximum slope. A maximum slope of 5% if vehicles with a diffusion system are to be used; a maximum slope of 8% if a spray irrigation system is used.

(F) All discharge must be a minimum of 100 feet from any perennial stream, pond, lake or wetland and 50 feet from any intermittent stream. All land applications shall be a minimum of 50 feet from any property line.

(G)Land application method. The land application equipment must be approved by the Commission prior to use. The application method must not allow soil erosion to occur. If the irrigation method is to be used, the area must be terraced or appropriate erosion control methods shall be used. The integrity of the pit wall shall be maintained at all times to avoid the discharge of drilling mud solids.

(H)Runoff prohibited. No runoff shall be allowed. Ponding may be allowed as long as practices are in place that will not allow the water to run into creeks or drainage ways.

Okla. Admin. Code § 165:10-7-17

Amended at 9 Ok Reg 2295, eff 6-25-92 ; Amended at 13 Ok Reg 2381, eff 7-1-96 ; Amended at 14 Ok Reg 2198, eff 7-1-97 ; Amended at 23 Ok Reg 2229, eff 7-1-06 ; Amended at 24 Ok Reg 1784, eff 7-1-07 ; Amended at 25 Ok Reg 2187, eff 7-11-08 ; Amended at 27 Ok Reg 2128, eff 7-11-10 ; Amended at 30 Ok Reg 1041, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018