SECTION 165:10-7-19. Land application of water-based fluids from earthen pits, tanks and pipeline construction

(a)   Authority for land application. No person shall land apply fluids except as provided by 165:10-9-2, 165:10-7-17, or this Section. Any operator failing to obtain a permit may be fined up to $2,000. 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 water-based drilling fluids and cuttings from earthen pits, tanks, or other containment structures; however, this Section shall not be exclusive of other authorities for land application listed in (a) of this Section. Any land application made under this Section shall be done from a single well, single pad (containing multiple wells), or pipeline construction location. Permits shall not be granted for lands that have been previously permitted and used for these practices or similar practices such as soil remediation within the last three (3) years.

(c)   Site suitability restrictions. Land application shall only occur on land having all of the following 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 (f)(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 must be at least 20 inches.

(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 shown 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 and pipeline construction location and the receiving site. At the well site or pad generating the waste or pipeline construction location 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 within the permitted area and the areas used for this practice must be lined and bermed. The stockpile of cuttings, whether at the well or pipeline construction 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 Inspector shall be contacted at least two business days prior to sampling of the receiving soil and sampling of the drilling fluids and/or cuttings to be land applied from an earthen pit. 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 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)   Drilling fluids and/or cuttings.

(A)   Earthen pits. Drilling fluids and/or cuttings to be land applied shall be sampled using the following procedure:

(i)   Prior to sampling, fresh water (except natural precipitation) shall not be added to any pit for dilution or any other purpose.

(ii)   A minimum of four samples, each from different quadrants of the pit and representative of the materials to be land applied, must be taken if the volume to be land applied is 25,000 bbls. or less. If more than 25,000 bbls. are to be land applied, a minimum of four quadrant samples plus one sample for each 5,000 bbls. over 25,000 bbls. will be required. The samples shall be combined and thoroughly mixed, then a minimum two quart composite sample 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.

(iii)   After samples have been taken for analysis from a pit, the operator shall not allow the addition of fluids or other materials, except natural precipitation or fresh water to decrease the viscosity of the fluid.

(B)   Tanks. Sampling of the drilling fluids and/or cuttings shall occur after the application has been approved. A minimum of one representative sample must be taken from each tank, the contents of which are to be land applied.

(e)   Analysis requirements.

(1)   Testing.

(A)   The composite sample(s) of soil shall be tested by a laboratory operated by the State of Oklahoma or certified by the Oklahoma Department of Environmental Quality or in the North American Proficiency Testing System. Either a 1:1 extract or saturated paste extract shall be used for sample preparation.

(B)   Methods of analysis.

(i)   Earthen pits. The composite sample(s) of drilling fluids and/or cuttings shall be analyzed by a laboratory operated by the State of Oklahoma or certified by the Oklahoma Department of Environmental Quality or in the North American Proficiency Testing System.

(ii)   Tanks. Samples of the drilling fluids and/or cuttings may be tested on-site. A filter press shall be used for preparation of samples. Tests must be performed by a person who is knowledgeable and experienced in the chemical testing of fluids. Acceptable on-site testing protocol may be obtained from the appropriate Conservation Division District Office.

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

(3)   Parameters for drilling fluids and/or cuttings.

(A)   Earthen pits. Parameters for analysis of the drilling fluids and/or cuttings shall include at a minimum EC and Oil and Grease (O&G). Dry Weight shall also be determined if a significant amount of solids will be land applied.

(B)   Tanks. EC shall be a required parameter for analysis of drilling fluids and/or cuttings. Dry weight shall also be determined if a significant amount of solids will be land applied.

(f)   Application for permit.

(1)   Who may apply. Only the operator of a well or pipeline or the operator's designated agent may apply for a land application permit under this Section, except that a commercial pit operator may also apply in case of emergency or for the purpose of facilitating repair or closure.

(2)   Required form and attachments. Each application for land application of drilling fluids and/or cuttings 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 drilling fluids and/or cuttings. 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 1,320 feet of the boundary of the land application area.

(C)   A 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)   Analysis of drilling fluids and/or cuttings (for earthen pits only).

(E)   Analyses of soil samples.

(F)   Loading calculations.

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

(H)   Manufacturer, model number, and specifications of testing equipment to be used (for tanks only).

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

(J)   Identification of any soil farming permit that has been issued in the same quarter section within the last three years. This information is available in the OCC Soil Farming Database on the web at www.occeweb.com.

(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.

(g)   Calculating maximum application rate.

(1)   Earthen pits.

(A)   The maximum application rate shall be calculated by the applicant or the applicant's designated agent based on the analyses of the pit materials and the soil of the application area. The averaging of TDS or TSS values of soil sampling areas shall not be permitted. If the entire application area is larger than ten acres, requiring separate soil sampling areas, the applicant or the applicant's designated agent shall use the highest soil TDS or TSS value of any sampling area in calculating the maximum application rate for the entire application area, and shall also calculate the maximum application rate of each ten acre (or less) application area using the respective TDS or TSS values of each soil sampling area. The applicant or the applicant's designated agent shall decide which of the two loading rates to use and notify the appropriate Conservation Division District Office when notification of commencement of land application is given, pursuant to (h)(1) of this Section.

(B)   Soil loading formulas contained in Appendix I shall be used.

(C)   The maximum application rate shall be restricted by the most limiting parameter. The Pollution Abatement Department shall indicate on the permit the maximum application rate and the minimum acreage that must be used.

(2)   Tanks.

(A)   The applicant shall calculate the maximum application rate based on the analysis of each tank or other containment vessel to be land applied and the soil of the application area. The averaging of TDS or TSS values of soil sampling areas shall not be permitted. If the entire application area is larger than ten acres, requiring separate soil sampling areas, the applicant shall have the option of using the highest soil TDS or TSS value of any sampling area in calculating the maximum application rate for the entire application area, or calculating the maximum application rate of each ten-acre (or less) application area using the respective TDS or TSS value of each soil sampling area.

(B)   Soil loading formulas contained in Appendix I shall be used.

(C)   Based on the maximum application rate, the applicant or its designated agent shall determine where the fluids will be applied and supervise the land application process.

(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 fluids and/or cuttings 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 shall be limited to water-based drilling fluids and/or cuttings.

(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 drilling fluids.

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

(D)   By spray irrigation when the wind velocity is such that even distribution of materials cannot be accomplished or the buffer zones, pursuant to (6) of this subsection, cannot be maintained.

(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 drilling fluids and/or cuttings shall not be exceeded. It may require more than one pass to achieve the maximum application rate while avoiding runoff or ponding, pursuant to (9) of this subsection. Application of drilling fluids and/or cuttings outside the approved plot shall be prohibited.

(8)   Land application method.

(A)   Application of drilling fluids and/or cuttings shall be uniform over the approved land application plot, shall not be applied at a rate to cause permanent vegetation damage, and shall be made by a 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.

(B)   For earthen pits, if more than 500 lbs/acre of Oil and Grease or 50,000 lbs/acre of Dry Weight materials are applied, the materials shall be incorporated into the soil by use of the injection method, or by disking or some other method approved by the Commission.

(C)   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 mud/fluids in a fan pattern. Spreader bars shall not be used. The mud/fluids 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.

(D)   Drill cuttings 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 drill cuttings or drill solids during land application at any time.

(9)   Runoff or ponding prohibited. No runoff of land applied materials shall be allowed during application. Ponding is prohibited, except where the flood irrigation method is approved. In order to comply with this rule, some applications will require the use of more than the minimum calculated acreage and/or a drying period between applications.

(10)   Vegetative cover. If the vegetative cover is destroyed or significantly damaged by disking, injection, or other practice associated with land application, 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)   Earthen pits. Land application shall be completed within 90 days from the date of the permit. At the end of the 90-day period, the permit shall expire by its own terms.

(B)   Tanks. 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 the permit 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 test results of materials applied and loading rate calculations (for tanks only), 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 the Pollution Abatement Department's approval. If the permit is revoked, the operator may make application for a hearing to reinstate it.

(14)   Requirements to close pit. Neither filing an application nor receiving a permit under this Section shall extend the time limit for closing a reserve pit pursuant to 165:10-7-16, or a commercial pit pursuant to 165:10-9-1.

(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.

[Source: 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 27 Ok Reg 2128, eff 7-11-10; Amended at 29 Ok Reg 950, eff 7-1-12; Amended at 30 Ok Reg 1041, eff 7-1-13; Amended at 32 Ok Reg 768, eff 8-27-15; Amended at 34 Ok Reg 921, eff 9-11-17; Amended at 35 Ok Reg 973, eff 9-14-18; Amended at 36 Ok Reg 534, eff 8-1-19; Amended at 37 Ok Reg 1121, eff 1-1-20]