Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.57 - Control, storage and disposal of production fluids

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless a permit has been obtained under
						§
												78a.60(a)
						(relating to discharge requirements), the operator shall collect the brine and
						other fluids produced during operation of the well in a tank or a series of
						tanks, or other device approved by the Department for subsequent disposal or
						reuse. Open top structures may not be used to store brine and other fluids
						produced during operation of the well. An operator using a pit for storage of
						production fluids as of October 8, 2016, shall report the use of the pit to the
						Department no later than April 8, 2017, and shall properly close the pit in
						accordance with appropriate restoration standards no later than October 10,
						2017. Any spills or leaks detected shall be reported and remediated in
						accordance with §
												78a.66 (relating to reporting and
						remediating spills and releases) prior to pit closure. Except as allowed in
						this subchapter or otherwise approved by the Department, the operator may not
						discharge the brine and other fluids on or into the ground or into the waters
						of the Commonwealth. Unless separately permitted under the Solid Waste
						Management Act (35 P.S. §§
													6018.101-6018.1003), wastes may not be stored
						at a well site unless the wastes are generated at or will be beneficially
						reused at that well site.
(b) An
						operator may not use a pit for the control, handling or storage of brine and
						other fluids produced during operation of a well.
(c) Secondary containment is required for all
						new, refurbished or replaced aboveground primary containment, including their
						associated manifolds, that contain brine and other fluids produced during
						operation of the well. If one tank in a series of tanks is added, refurbished
						or replaced, secondary containment is required for the entire series of tanks.
						The secondary containment area provided by dikes or other methods of secondary
						containment open to the atmosphere must have containment capacity sufficient to
						hold the volume of the largest single aboveground tank, plus an additional 10%
						of volume for precipitation. Compliance with §
												78a.64 (relating to secondary
						containment around oil and condensate tanks) or using double walled tanks
						capable of detecting a leak in the primary containment fulfills the
						requirements in this subsection.
(d) Primary containment used to store brine
						or other fluids produced during operation of the well shall be designed,
						constructed and maintained to be structurally sound in accordance with sound
						engineering practices adhering to Nationally recognized industry standards and
						the manufacturer's specifications. Tanks that are manifolded together shall be
						designed in a manner to prevent the uncontrolled discharge of multiple
						manifolded tanks.
(e) Underground
						or partially buried storage tanks used to store brine or other fluids produced
						during operation of the well shall be designed, constructed and maintained to
						be structurally sound in accordance with sound engineering practices adhering
						to Nationally recognized industry standards and the manufacturer's
						specifications. A well operator utilizing underground or partially buried
						storage tanks as of October 8, 2016, shall provide electronically to the
						Department a list of the well sites through its web site where the underground
						or partially buried storage tanks are located by April 8, 2017. A well operator
						shall register the location of an additional underground storage tank prior to
						installation. Registration shall utilize forms provided by the Department and
						be submitted electronically to the Department through its web site.
(f) All new, refurbished or replaced
						aboveground storage tanks that store brine or other fluid produced during
						operation of the well must comply with the corrosion control requirements in
						§§
												245.531-245.534 (relating to corrosion and
						deterioration prevention), with the exception of use of Department-certified
						inspectors to inspect interior linings or coatings.
(g) All new, refurbished or replaced
						underground storage tanks that store brine or other fluid produced during
						operation of the well must comply with the corrosion control requirements in
						§
												245.432 (relating to operation and
						maintenance including corrosion protection) with the exception of use of
						Department-certified inspectors to inspect interior linings.
(h) All new, refurbished or replaced tanks
						storing brine or other fluids produced during operation of the well must be
						reasonably protected from unauthorized acts of third parties. Unless the tank
						is surrounded by a fence, tank valves and access lids must utilize locks, open
						end plugs or removable handles and ladders on tanks must be retractable or
						other measures that prevent access by third parties.
(i) Tanks storing brine or other fluids
						produced during operation of the well shall be inspected by the operator at
						least once per calendar month and documented. Deficiencies noted during the
						inspection shall be addressed and remedied. When substantial modifications are
						necessary to correct deficiencies, they shall be made in accordance with
						manufacturer's specifications and applicable engineering design criteria. Any
						deficiencies identified during the inspection shall be reported to the
						Department electronically through its web site within 3 days of the inspection
						and remedied prior to continued use of the tank. Inspection records shall be
						maintained for 1 year and made available to the Department upon
						request.
This section cited in 25 Pa. Code §
														78a.54 (relating to general
							 requirements); 25 Pa. Code §
														78a.55 (relating to control and
							 disposal planning; emergency response for unconventional wells); and 25 Pa.
							 Code §
														78a.63a (relating to alternative
							 waste management).