Landfarming Oil & Gas Waste
And
Spill Cleanups using RiskBased Corrective Action
(RBCA)
_____________________
Best Practices
State & Federal Environmental
Compliance Seminar
2014 Alliance Expo and Annual Meeting
Byron Ellington
Terracon Consultants
April 22, 2014
Landfarming Oil & Gas Waste
 Landfarming (and other allowed waste
disposal options) oil and gas waste are
generally controlled by 16TAC3.8 (SWR8).
 Also consistent with
SWR 91 and the RCRA
Exemption.
Surface Waste Disposal Allowed
Without a Permit
 On lease disposal of low chloride drilling fluid,
including cuttings from oil based drilling mud
(§3.8(d)(3) Authorized disposal methods).
 Best Practice:
– Use pit/site only once, or for
one well.
– Remove free liquids and free
oil before placement.
– Backfill pits on, or ahead, of
schedule.
Surface Waste Disposal Allowed
Without a Permit (cont.)
 Basic sediment pits for lease generation of tank
bottoms (§3.8(d)(4) Authorized pits).
 Best Practice:
– Avoid.
– Use pit only once. Do not exceed
rule volumes or footprint requirements.
– Remove free liquids and free oil before
placement.
– Backfill pits on, or ahead, of schedule.
Surface Waste Disposal Allowed
Without a Permit (cont.)
 Flare pits for upset conditions (§3.8(d)(4) Authorized
pits.).
 Best Practice:
– Line pit to not allow fluid migration.
– Lining material must be able to
withstand flare and maintenance.
– Remove fluids/replace cover material
on schedule.
Surface Waste Disposal Allowed
Without a Permit (cont.)
 Water condensate pits for fresh water (§3.8(d)(4)
Authorized pits).
 Best Practice:
– Avoid.
– Instead design a lined sump system
routed to separator and/or send to SWD.
Surface Waste Disposal Allowed
With a Minor Permit
 Off Lease Landfarming – Water Based Drilling,
including cuttings from oil based drilling mud,
(§3.8(d)(6)(G).
 Permit Requirements
– Remove free water and oil; after mix/till chlorides <3,000 ppm;
EC<4mmhos/cm; pH 6 to 10; TPH<5% initial, <1%final. Submit
analytical.
– 100 feet from surface water.
– Slope <5%, unless district ok.
– Tillable soil 20 inches +.
– Not in 100 year flood plain.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Off Lease Landfarming – Water Based Drilling,
including cuttings from oil based drilling mud,
(§3.8(d)(6)(G).
 Permit Requirements
–
–
–
–
–
–
Distance to sensitive receptors (SWR 91) case-by-case.
Written permission of landowner.
Application thickness <3 inches and <2000 bbls/acre.
Other requirements/secondary containment: case-by-case.
<5 wells or 30,000 bbls, which ever occurs first.
One permit per site per single surface owner. Site >1/2 mile
distance can be considered separate site. Site <1/2 mile
considered on case-by-case.
– No repeat applications.
– Record keeping for each load for three years.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Off Lease Landfarming – Water Based Drilling,
including cuttings from oil based drilling mud,
(§3.8(d)(6)(G))
 Best Practices:
–
–
–
–
Clean operation.
Keep good records.
Landowner relations.
Avoid hot buttons, even where
allowed by rule.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Oily Waste - RCRA Exempt(§3.8(d)(6)(G)).
 Permit Requirements:
– Landfarm - Same technical and administrative requirements
as those for landfarming for drilling mud except application
rate is allowed to be 8 inches rather than 3 inches.
– Firewall application – Same technical and administrative
requirements as those for landfarming except application rate
not specified and final TPH of < 5%. Assumes no mix/till.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Oily Waste - RCRA Exempt(§3.8(d)(6)(G)).
 Permit Requirements:
– Lease or County Road – Same technical and administrative
requirements as for firewall except requires landowner or
county commissioner written concurrence.
– Burial – Same technical and administrative requirements as
for landfarm application with the addition that benzene cannot
exceed 0.05 mg/kg and the location >150 feet from a water
well.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Oily Waste - RCRA Non-Exempt (§3.8(d)(6)(G)).
 Permit Requirements:
– Landfarm, firewall, lease/county road, and burial
applications have the same technical and administrative
requirements as exempt waste except for the need to
determine if the waste is characteristic hazardous.
Surface Waste Disposal Allowed
With a Minor Permit (cont.)
 Oily Waste - RCRA Non-Exempt (gas plants,
compressor stations, transmission line spills, etc.
(§3.8(d)(6)(G)).
 Best Practice:
–
–
–
–
Clean operation.
Keep good records.
Landowner relations.
Avoid hot buttons, even where allowed by rule.
Commercial Surface Waste
Landfarm/Landtreatment Permits
 Landfarm – Water based drilling mud with chlorides
not to exceed 3,000 mg/kg.
 Landtreatment – Other oil and gas waste such tank
bottoms, HC impacted soil, discarded oil based drilling
mud.
Commercial Surface Waste
Landfarm/Landtreatment Permits
 Permits - generally controlled by SWR8 and
consistent with SWR 91 and the RCRA Exemption.
 Technical Requirements - similar to disposal under
minor permit process. However much more science,
engineering, and financial sophistication involved:
–
–
–
–
–
Groundwater monitoring almost always required.
Wetlands, surface water, sensitive receptors, set backs.
Storm water plans.
Application rates.
Native soil characteristics, including natural EC and
SAR value.
Commercial Surface Waste
Landfarm/Landtreatment Permits (cont.)
 Technical Requirements (cont.)
–
–
–
–
–
–
–
Operations schedule such as mix/till frequency.
Source of waste (RCRA exempt, NORM, pit bottoms.
Plans for testing of incoming waste.
Record keeping.
Analytical monitoring plan.
Plans fro routine inspection, maintenance, and monitoring.
Duration of landfarm (permits usually issued for 5 years
increments w/ procedures to renew).
– Access control.
Commercial Surface Waste
Landfarm/Landtreatment Permits (cont.)
 Technical Requirements
–
–
–
–
–
–
Engineering Specification of Liner, if used
Landowner concurrence.
Notice to offset surface owners.
General public notice.
Target remediation levels.
Accurate plats and maps with the footprint of the cells, facility
boundary, and all set back features accurately depicted.
– Detailed closure plan and demonstrated financial assurance
(SWR 78).
– Separate permit required for use of remediated material
(e.g. road base).
Commercial Surface Waste
Landfarm/Landtreatment Permits (cont.)
 Best practices while seeking a permit:
– Start early.
– Budget adequately for the process.
– Know your footprint (size). Your footprint drives the
permitting process.
– Know your financial assurance to the RRC and secure it.
– Clear up any outstanding NOVs, P5 issues, state tax issues.
– Know that the agency and its staff are on your side.
– Make the permit reviewer’s job easy.
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RBCA Defined:
Risk-based corrective action (RBCA) is a generic term for
corrective action strategies that categorize sites according to risk
and move all sites toward completion using appropriate levels of
action and oversight. The ASTM standard is a good example of a
framework for implementing a RBCA strategy. With this process,
regulators can make sound, quick, consistent management
decisions for a variety of sites using a three-tiered approach to
data collection and site review contained in ASTM's E1739
standard guide for "Risk-Based Corrective Action applied at
Petroleum Release Sites." - Michigan DEQ
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RBCA Defined:
RBCA is an outgrowth of the risk assessment methodologies
developed under CERCLA and have been used to calculate
generic, yet defensible cleanup values that can be widely applied.
RBCA programs have also developed methodologies to develop
site specific cleanup values where and when appropriate.
“In Texas RBCA embraces the concepts of eliminating exposure
pathways, removing sources of contamination, and protecting
further impacts to resources” - Byron Ellington, CPG
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
Initial Response
Site Assessment(s)
Closure Option Selection/Remedy
Standard Selection
Tiered PCL Evaluation When
Required
Response Action
No Further
Action / VCP
Certificates
Post-Response Action Care
Release
Notification
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
“Yikes, what a mess. Get the backhoe and start
digging.”
“Be sure to put the dirty soil on plastic.”
“How clean is clean anyway????”
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RRC Cleanup Standards in Soil
– Crude Oil, Non-Sensitive: TPH<10,000 mg/kg (SWR 91)
– Gas Condensate, Web Guidance: RRC Field Guide for the
Assessment and Cleanup of Soil and Groundwater
Contaminated with Condensate From a Spill Incident
Table 2 - Groundwater Protection Values:
TPH
10,000 mg/kg
Benzene
0.026 mg/kg
Toluene
8.2 mg/kg
Ethylbenzene 7.6 mg/kg
Xylenes
120 mg/kg
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RRC Cleanup Standards in Soil
– NORM Waste (16TAC, Chapter 4, Subchapter F)
• Radium-226
30 pCi/g
• Radium-228
30 pCi/g
• Other radionuclide 150 pCi/g
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RRC Cleanup Standards in Soil
– Produced Water
• Salinity (EC) 4 mmhos/cm soil (SWR 8)
• Chlorides
3,000 mg/kg (SWR 8)
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 RRC Cleanup Standards in Soil
– A few Chemicals of Concern outside of SWR 91 or any other
RRC standard of guidance:
• SVOCs
?
• Pesticides
?
• Lube Oil
?
• Metals (barium, chromium)
?
• Glycols
?
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
“Wow, this stuff goes deep. It must have been leaking
a long time…. “
“Bring out the trackhoe…..”
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
“What!!!!! 40 feet of excavation and we still have not
hit clean????”
“By the way, has anyone made a spill report?”
“If the landowner comes by say you are doing routine
maintenance”
“Better call the lawyers.”
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Managing Risks:
– Receptors
– Regulatory
– Operationally
– Civil Liability
– Financial Liability
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Time to reassess where you are and develop risk
management strategies:
–
–
–
–
Stopped/removed source
Managed disposition of the soil
Collect/analyze bottom hole and sidewall samples
Decision has been made to not excavate further.
• Place marker plastic at base of excavation.
• Backfill excavation with clean soil.
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Receptor strategy
–
–
–
–
Conduct a water well survey, usually ¼ mile is adequate
Sample all domestic, livestock, or irrigation well
Sample all springs/surface waters that could be a receptor.
Sample any other data point (abandoned wells)
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
Initial Response
Site Assessment(s)
Closure Option Selection/Remedy
Standard Selection
Tiered PCL Evaluation When
Required
Response Action
No Further
Action / VCP
Certificates
Post-Response Action Care
Release
Notification
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Regulatory Strategy
– Probably time to follow up with the regulator and sharing your
initial thoughts.
– If appropriate, ask that the cleanup oversight be transferred to
the program than can best handle the complex issues.
– Time to know your closure options and develop a collaborative
team approach - moving the site toward closure.
– Design the first phase of your intrusive site assessment
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Regulatory Strategy
– As the conceptual site model converges with the closure options
you next steps may include:
• Development of your second phase
of field work.
• Ability to further refine your
path toward closure.
• Establishment of long-term
monitoring wells and points.
• Sharing of your ideas with your
regulatory cleanup coordinator.
Part II - Spill Cleanups using Risk
Based Corrective Action (RBCA)
 Take Aways:
– RBCA approaches can guide you to a more thoughtful path
toward regulatory closure and help reduce uncertainty with
regards to civil and financial liability.
– Need to educate our operations personnel of when to call for help.
– When a release seems large, it probably is.
– Deal with possible exposure issues first.
– Know that the default/low cleanup values will probably not
get you to closure on long-term (or unknown) spills.
Byron Ellington
Terracon Consulting
512-891-2688
bjellington@terrracon.com