Oil & Gas Regulations Involving Pits and Impoundments

     The West Virginia Department of Environmental Protection (DEP), Division of Oil & Gas has provided the DEP Advisory Council with possible changes to their Title 35 CSR 4 regulations for oil and gas wells and other wells (i.e. UIC wells). Proposed regulation changes must be filed with the Advisory Council before proposing the regulations for comment by the general public/industry, which could occur as early as June of this year. 

Highlights of the proposed changes are provided below: 

Section 2.10 – Adds “Impoundment” to the definitions.

Comment - The new definition provides that wastes are not to be placed in an impoundment. 

Section 2.14 – Adds “Pit” to the definitions.

Comment – Specifically designates the pit to receive drilling wastes. 

Section 5.2.a.5 – Increases fee for well work and the special reclamation fee. 

Section 16.4.c. – Requires all pits and impoundments to have adequate freeboard; however in no case shall the freeboard be less than 2 feet. 

Section 16.4.d. – Requires all pits and impoundments to have a synthetic liner to prevent seepage or leakage. 

Section 21 – Adds a new section for construction of wastewater pits and freshwater impoundments with capacity greater than five thousand (5,000) barrels. 

Section 21.1 – Requires notice of construction of all pits and impoundments to be provided to Oil & Gas personnel prior to construction. 

Section 21.2.a. – Requires all pits and impoundments to be constructed in accordance with plans designed and certified by a West Virginia professional engineer. 

Section 21.2.c. - Requires all pits and impoundments to have a stable foundation during all phases of construction and be designed based on adequate and accurate information on the foundation conditions. 

Section 21.5. – States that no pits may be left permanent. Provides provisions for possibly leaving impoundments.  

Section 21.6.a. – Requires inspection and certification by the professional engineer that the pit has been constructed in accordance with the plan, prior to placement of fluid in the pit. 

Section 21.6.b. – Requires all pits containing fluid to be inspected every three days for the life of the pit by a company representative experienced in pit construction. The fact that the inspections have been performed must be certified by a company official on a monthly basis to Oil & Gas personnel.

     Many of these regulations are intended to codify the Oil & Gas Industry Guidance document dated March 13, 2009. These regulations, in their entirety, should be reviewed by anyone potentially affected by these changes. A copy of the draft regulations can be obtained by contacting bchambers@acaciaenvironmental.com.  

 

     This article was authored by William Chambers, Acacia Environmental Group LLC. For more information on the author see here.