California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 4 - Development, Regulation, and Conservation of Oil and Gas Resources › Subchapter 2 - Environmental Protection › Article 4 - Well Stimulation Treatments › Section 1786 - Storage and Handling of Well Stimulation Treatment Fluids and Wastes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Operators shall
					 adhere to the following requirements for the storage and handling of well
					 stimulation treatment fluid, additives, and produced water from a well that has
					 had a well stimulation treatment:
(1) Fluids
					 shall be stored in compliance with the secondary containment requirements of
					 Section 1773.1, except that secondary
					 containment is not required under this section for production facilities that
					 are in one location for less than 30 days. The operator's Spill Contingency
					 Plan shall account for all production facilities outside of secondary
					 containment and include specific steps to be taken and equipment available to
					 address a spill outside of secondary containment.
(2) Operators shall be in compliance with all
					 applicable testing, inspection, and maintenance requirements for production
					 facilities containing well stimulation treatment fluids.
(3) Fluids shall be accounted for in the
					 operator's Spill Contingency Plan.
(4) Fluids shall be stored in containers and
					 shall not be stored in sumps or pits.
(5) In the event of an unauthorized release,
					 the operator shall immediately implement the Spill Contingency Plan; notify the
					 Regional Water Board and any other appropriate response entities for the
					 location and the type of fluids involved, as required by all applicable
					 federal, state, and local laws and regulations; and shall perform clean up and
					 remediation of the area, and dispose of any cleanup or remediation waste, as
					 required by all applicable federal, state, and local laws and
					 regulations.
(6) Within 5 days of
					 the occurrence of an unauthorized release, the operator shall provide the
					 Division a written report that includes:
(A) A
					 description of the activities leading up to the release;
(B) The type and volumes of fluid
					 released;
(C) The cause(s) of
					 release;
(D) Action taken to stop,
					 control, and respond to the release; and
(E) Steps taken and any changes in
					 operational procedures implemented by the operator to prevent future
					 releases.
(7) Operators
					 shall conduct all activities that relate to storage and management of fluids in
					 compliance with all applicable requirements of the Regional Water Board, the
					 Department of Toxic Substances Control, the Air Resources Board, the Air
					 Quality Management District or Air Pollution Control District, the Certified
					 Unified Program Agency, and any other state or local agencies with jurisdiction
					 over the location of the well stimulation activities.
(8) An operator who generates a waste, as
					 defined in Health and Safety Code section
					 25124
					 and California Code of Regulations, title 22, section
					 66261.2, in the course of
					 conducting well stimulation activities, including but not limited to well
					 stimulation treatment fluid, additives, produced water from a well, solids
					 separated from well stimulation treatment fluid, remediation wastes, or any
					 other wastes generated from the processing, treatment or management of these
					 wastes, shall determine if the waste is a hazardous waste by sampling and
					 testing the waste according to the methods set forth in California Code of
					 Regulations, title 22, division 4.5, chapter 11, article 3 (section
					 66261.20 et seq.), or according to
					 an equivalent method approved by the Department of Toxic Substances Control
					 pursuant to California Code of Regulations, title 22, section
					 66260.21, except where the
					 operator has determined that the waste is excluded from regulation under
					 California Code of Regulations, title 22, section
					 66261.4 or Health and Safety Code
					 section
					 25143.2.
					 Notwithstanding any other section in this article, wastes that are determined
					 by the operator to be hazardous wastes shall be managed in compliance with all
					 hazardous waste management requirements of the Department of Toxic Substances
					 Control.