Okla. Admin. Code § 165:10-7-26

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

Section 165:10-7-26 - Land application of contaminated soils and petroleum hydrocarbon based drill cuttings

(a)Authority for land application. No person shall land apply soils or drill cuttings contaminated by salt or petroleum hydrocarbons except as provided by this Section. Any operator failing to obtain a permit may be fined up to $2,000.00. The land application permit shall be posted at the well site, pad or pipeline construction location.

(b)Scope. This Section shall cover the land application of soils and drill cuttings contaminated by salt and/or petroleum hydrocarbons. Petroleum hydrocarbon-contaminated soils land applied under this Section shall meet the RCRA criteria for exempt or non-exempt/nonhazardous waste. [Reference 40 CFR Subtitle C and EPA publication EPA530-K-95-003 "Crude Oil and Natural Gas Exploration and Production Wastes: Exemption from RCRA Subtitle C Regulation]." Hazardous waste as defined at 40 CFR 261.3 is regulated by the Oklahoma Department of Environmental Quality. Any land application made under this Section shall be done from a single well or a single pad (containing multiple wells). Permits shall not be granted for lands that have been previously permitted and used for this practice or similar practices such as soil remediation within the last three (3) years.

(c)Receiving site suitability restrictions. Land application shall only occur on land having all of the characteristics below, as field verified by a soil scientist or other qualified person pre-approved by the Commission. Any variance from site suitability restrictions must be approved by the Oil and Gas Conservation Division (see (g)(2)(C) of this Section).

(1)Maximum slope. A maximum slope of eight percent for all application methods.

(2)Depth to bedrock. Depth to bedrock will be at least 20 inches if crude oil contaminated soils or petroleum hydrocarbon-based drill cuttings are to be applied; 20 inches if salt contaminated soils are to be applied.

(3)Soil texture. A soil profile (as defined by USDA soil surveys) containing at least twelve inches (may be cumulative) of one of the following soil textures between the surface and the water table, unless a documented impeding layer of shale is present: loam, silt loam, silt, sandy clay loam, silty clay loam, clay loam, sandy loam, fine sandy loam, sandy clay, silty clay, or clay.

(4)Salinity. Slight salinity [defined as Electrical Conductivity (EC) less than 4,000 micromhos/cm] in the topsoil, or upper six inches of the soil, and a calculated Exchangeable Sodium Percentage (ESP) less than 10.0.

(5)Depth to water table. No evidence of a seasonal water table within six (6) feet of the soil surface as verified by field observation and published data.

(6)Distance from water bodies. A minimum distance of 100 feet from the land application site boundary to any perennial stream and 50 feet to any intermittent stream found on the appropriate United States Geological Survey (U.S.G.S.) topographic map (available for viewing at the Commission's Oklahoma City Office and appropriate Conservation Division District Offices); and a minimum of 100 feet to any freshwater pond, lake, or wetland designated by the National Wetlands Inventory Map Series, prepared by the U.S. Fish and Wildlife Service (available for viewing at the Commission's Oklahoma City Office). Also, see (h)(6) of this Section.

(7)Site specific concerns. Void of slick spots within or adjacent to the land application area, where subsurface lateral movement of water is unlikely, or areas void of concentrated surface flow such as gullies or waterways.

(8)Stockpiling of cuttings. Stockpiling of cuttings may be used during the handling and transportation of the cuttings both at the well location and the receiving site. At the well site or pad generating the waste, the cuttings must be placed in a steel pit or the areas used for this practice must be lined and bermed. A stockpile of cuttings at the receiving site must be located on the permitted area and the areas used for this practice must be lined and bermed. The stockpile of cuttings, whether at the well location or the receiving site, must be closed within 30 days of cessation of drilling operations.

(d)Sampling requirements.

(1)Notice to Field Inspector. The appropriate Field Inspectors shall be contacted at least two business days prior to sampling of the receiving soil and materials to be land applied. This is to allow a Commission representative an opportunity to be present.

(2)Receiving soil. Sampling of the receiving soil shall be performed by, or under the supervision of, a soil scientist or other qualified person pre-approved by the Commission. Soil samples shall be taken from the proposed application area and analyzed. A minimum of four representative surface core samples from the surface (0-6 inches) must be taken from each ten acres, or part thereof. Each group of surface core samples representative of a ten-acre area (or less) shall be combined and thoroughly mixed. A minimum one pint composite sample shall be taken and placed in a clean container for delivery to the laboratory. Alternatively, soil samples may be composited by the laboratory.

(3)Materials to be land applied. Representative samples of the materials to be land applied shall be taken, composited into a minimum one-pint sample, and placed in a clean container for delivery to the laboratory. Alternatively, materials to be land applied may be composited by the laboratory.

(e)Analysis requirements.

(1)Salt contaminated soils or drill cuttings. Analysis requirements will be dependent upon the loading method that is chosen. For most applications, loading based on Total Dissolved Solids (TDS) or Total Soluble Salts (TSS) will be most appropriate. However, applicants proposing to land apply on a site in western Oklahoma, where the soils commonly contain moderate to high levels of gypsum, may benefit from using the loading formula based on Chlorides (Cl).

(A) Samples of soil and materials to be land applied shall be tested by a laboratory proficient in testing soils. Either a 1:1 extract or saturated paste extract shall be used for sample preparation for TDS or TSS or Cl loading. A saturated paste moisture equivalent is necessary where the saturated paste sample preparation method is used.

(B) Parameters for analysis of the receiving soil shall include at a minimum EC, TDS or TSS, and ESP for TDS/TSS loading. For Chloride loading, parameters shall include Chlorides (dry weight basis) and ESP.

(C) Parameters for analysis of soils or drill cuttings contaminated by salt shall include at a minimum EC for TDS/TSS loading and both EC and Cl for Chloride loading.

(2)Soils and drill cuttings contaminated by petroleum hydrocarbons.

(A) Samples of soil and materials to be land applied shall be tested by a laboratory proficient in testing soils.

(B) Parameters for analysis of the receiving soil shall include at a minimum EC and ESP.

(C) Parameters for analysis of soils or drill cuttings contaminated by petroleum hydrocarbons shall include at a minimum a test of the appropriate carbon range(s), which is determined by the nature of the waste material. These include Gasoline Range Organics (GRO) - C6 to C10 (EPA test method 8015/8020 M) and TPH (Oklahoma method 1005 extended C35).

(f)Application rates.

(1)Calculations. The maximum application rate for TDS or TSS, Cl, and GRO, or TPH shall be calculated by the applicant based upon the analyses of the materials to be land applied and the soil of the application area. For salt contaminated soils or drill cuttings, if the application area encompasses more than one soil sampling area, the rate shall be calculated in one of two ways, depending on how the application will be made. The applicant may either calculate the maximum application rate for the entire application area based upon the highest soil TDS or TSS or Cl value of any sampling area (averaging not allowed), or calculate it for each ten acre (or less) application area using the respective soil TDS or TSS or Cl values of each sampling area.

(2)Soil loading formulas. The maximum application rate for any application area shall be restricted by the most limiting parameter. To determine this, the soil loading formulas in Appendix I of this Chapter shall be used as applicable.

(3)Variances. In special situations, a request for a variance relating to soil loading of petroleum hydrocarbons may be administratively approved by the Manager of the Pollution Abatement Department. The applicant shall submit a written request explaining the circumstances or conditions which warrant a variance and shall also submit a management plan for reducing the petroleum hydrocarbon content in the soil to two percent or less.

(g)Application for permit.

(1)Who may apply. Only the operator responsible for generating the waste to be land applied or the operator's designated agent may apply for a land application permit, except that the Oklahoma Energy Resources Board or its designated contractor may make application to land apply materials for which there is no responsible party.

(2)Required form and attachments. Each application for land application of soils contaminated by salt and/or crude oil or petroleum hydrocarbon-containing deleterious substances shall be submitted to the Pollution Abatement Department on Form 1014S. A legible application shall be required. The following shall be attached to the application:

(A) Written permission from the surface owner to allow the applicant to land apply, incorporate, and fertilize materials. For purposes of obtaining such consent, the applicant shall use Form 1014L.

(B) A topographic map and the most recent aerial photograph (minimum scale 1:660) with the proposed and potential land application areas delineated as well as the location of cultural features such as buildings, water wells, etc. Both the topographic map and aerial photograph must show all areas within 1320 feet of the boundary of the land application area.

(C) Receiving site suitability report, pursuant to subsections (c) and (h)(6) of this Section, based on an on-site investigation and signed by a soil scientist or other qualified person. The report shall include detailed information concerning the site and shall discuss how all site characteristics were determined. Any requests for a variance to site suitability restrictions must be accompanied by a written justification that has been developed or approved by a soil scientist or other qualified person. The justification shall provide explanation as to safeguards which will assure that conditions of the permit will be met and there will be no adverse impacts from the land application.

(D) Analyses of receiving soil samples.

(E) Analyses of contaminated soil or petroleum hydrocarbon-based drill cuttings.

(F) For contaminated soils, an investigation report and diagram, drawn to scale, detailing the aerial extent and depth of the contamination; and sampling procedures which were used to assure that representative samples were taken.

(G) Loading calculations.

(H) Copies of all chains-of-custody related to sampling.

(I) If there is an agent, a notarized affidavit designating same, signed by the operator within the last 12 months (Form 1014LA).

(J) Identification of any soil farming permit that has been issued in the same quarter section within the last three (3) years. This information is available in the OCC Soil Farming Database on the Commission's website.

(K) Other information as required by this Section or requested by the Pollution Abatement Department.

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

(h)Conditions of permit. Any land application which is performed under this Section shall be subject to the following conditions or stipulations of the permit:

(1)Notice to Field Inspector. The applicant shall notify the appropriate Field Inspector at least 24 hours prior to the commencement of land application to allow a Commission representative an opportunity to be present.

(2)Compliance agreement. Any person responsible for supervision of land application shall have signed a compliance agreement with the Commission (Form 1014CA).

(3)Presence of representative. A representative of the applicant shall be on the land application site at all times during which materials are being applied. The representative shall be an employee of the applicant, designated agent, contractor, or other person pre-approved by the Commission.

(4)Materials to be land applied. Land application under this Section shall be limited to soils and drill cuttings contaminated by salt and/or petroleum hydrocarbons. Petroleum hydrocarbon-contaminated soils or drill cuttings land applied under this Section shall meet the RCRA criteria for exempt or non-exempt/nonhazardous waste. Hazardous waste as defined at 40 CFR 261.3 is regulated by the Oklahoma Department of Environmental Quality.

(5)Weather restrictions. Land application, including incorporation, shall not be done:

(A) During precipitation events.

(B) When the soil moisture content is at a level such that the soil cannot readily take the addition of materials.

(C) When the ground is frozen to a degree that the soil cannot readily take the addition of fluids.

(6)Buffer zones. Land application shall not be done within the following buffer zones, as identified in the site suitability report:

(A) Fifty feet of a property line boundary.

(B) Three hundred feet of any water well or water supply lake used for domestic or irrigation purposes.

(C) One-quarter (1/4) mile of any public water well or public water supply lake.

(7)Land application rate. The maximum calculated application rate of materials shall not be exceeded. Under no circumstances shall land applied materials exceed a two inch depth. Furthermore, no runoff or ponding of land applied materials shall be allowed. It may require more than one pass or lift to achieve the maximum application rate while avoiding runoff or ponding. For land applications involving petroleum hydrocarbons all free oil shall be removed.

(8)Land application method.

(A) Application of materials shall be uniform over the approved land application area, and shall be made by a method approved by the Commission prior to use. Land applied materials shall be incorporated into the soil by disking or chiseling during or immediately after application to a minimum depth of two times the depth of applied materials; however, if any contaminated sandy soil is applied to any clayey soil, incorporation shall be to a minimum depth of four times the depth of the applied materials. Tillage of grassland may not be necessary. If materials are land applied on grassland a reduced application rate may be necessary.

(B) All land application vehicles shall be either a single or double axle vehicle with a permanently attached tank that shall not exceed 100 barrels, and the vehicle shall be equipped so as to minimize pooling and ruts caused by tire tracks. It shall have a diffuser mechanism to spread the materials in a fan pattern. Spreader bars shall not be used. The materials shall be forced from the tank with air pressure or a mechanical pump. Gravity applications are prohibited. Transport/tanker trucks (18 wheel vehicles) shall not be used for land application at any time. Use of an unauthorized vehicle or equipment may result in the revocation of the land application permit. A fine of up to $2,000.00 may be assessed for each violation of this paragraph.

(C) The materials shall be spread with an industrial mechanical spreader capable of broadcasting and/or fanning out the cuttings. Dozers, backhoes, motor blades or scrapers shall not be used to spread materials during land application at any time.

(9)Fertilizer. For any land application involving petroleum hydrocarbon-contaminated soils and/or drill cuttings, if it is determined that revegetation is needed, fertilizer shall be applied at an appropriate rate as indicated by soil testing for available N-P-K to adjust the average carbon-nitrogen ratio in order to enhance biodegradation of the petroleum hydrocarbons and assist in reestablishing vegetation. Soil tests shall also include at a minimum EC, ESP, N-P-K, C:N ratio and TPH. Soil samples shall be collected from the affected area at a depth of six (6) inches. Background samples shall be collected from an adjacent unaffected area. In the absence of soil testing, Nitrogen, Phosphorus, and Potassium shall be applied at a rate of 160-40-40 lbs. per acre (actual N-P-K). Application of fertilizers shall be done in a manner that minimizes runoff potential (split applications) and so as to increase availability of nutrients to microorganisms for degradation of petroleum hydrocarbons.

(10)Vegetative cover. A bona fide effort shall be made to restore or reestablish the vegetative cover within 180 days after the land application is completed. Additional efforts shall be made until the vegetative cover is fully restored or reestablished.

(11)Time period.

(A) Land application shall be completed within 90 days of the anticipated completion date shown on the approved application form; or

(B) Land application shall be completed within 90 days after drilling ceases. At the end of the 90-day period the permit shall expire by its own terms.

(12)Post-application report. A post-application report (Form 1014R) shall be submitted by the operator or the operator's agent to the Manager of the Pollution Abatement Department within 90 days of the completion of land application. One extension may be granted for a period of up to 90 days by the Manager of the Pollution Abatement Department. If approval is obtained to amend a permit to land apply water-based fluids so as to authorize land application of contaminated soils and petroleum hydrocarbon based cuttings, any extension of time for submission of the post-application report granted by the Manager of the Pollution Abatement Department shall begin on the date the amended permit is approved. The report shall give specific details of the land application, including volumes of materials applied and an aerial photograph (minimum scale 1:660) delineating the actual area where materials were applied. All applicable loading calculations from Appendix I of this Chapter shall be included in the Form 1014R. The report shall contain a statement certifying that the land application was done in accordance with the approved permit. Failure to timely submit a Form 1014R may result in the assessment of a fine of up to $500.00.

(13)Violations. If the applicant violates the conditions of the permit or this Section, the land application shall be discontinued and the Pollution Abatement Department shall be contacted immediately. The Pollution Abatement Department may revoke the permit and/or require the operator to do remedial work. If the permit is not revoked, land application may resume with approval of the Pollution Abatement Department. If the permit is revoked, the operator may make application for a hearing to reinstate it.

(i)Variances. A variance from the time provisions of (d)(1), (h)(1), or (h)(10) of this Section 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.

Okla. Admin. Code § 165:10-7-26

Amended at 9 Ok Reg 2295, eff 6-25-92 ; Amended at 12 Ok Reg 2039, eff 7-1-95 ; Amended at 14 Ok Reg 2198, eff 7-1-97 ; Amended at 23 Ok Reg 2229, eff 7-1-06 ; Amended at 25 Ok Reg 2187, eff 7-11-08 ; Amended at 26 Ok Reg 2498, eff 7-11-09 ; 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 34, Issue 24, September 1, 2017, eff. 9/11/2017

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

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022