subpart a—offshore subcategorylegismex.mty.itesm.mx/secc_inter/40cfr/40cfrpart435.pdf ·...

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40 CFR Ch. I (7–1–97 Edition)§ 435.10

PART 435—OIL AND GAS EXTRAC-TION POINT SOURCE CATEGORY

Subpart A—Offshore Subcategory

Sec.435.10 Applicability; description of the off-

shore subcategory.435.11 Specialized definitions.435.12 Effluent limitations guidelines rep-

resenting the degree of effluent reductionattainable by the application of the bestpracticable control technology currentlyavailable (BPT).

435.13 Effluent limitations guidelines rep-resenting the degree of effluent reductionattainable by the application of the bestavailable technology economicallyachievable (BAT).

435.14 Effluent limitations guidelines rep-resenting the degree of effluent reductionattainable by the application of the bestconventional pollutant control tech-nology (BCT).

435.15 Standards of performance for newsources (NSPS).

APPENDIX 1 TO SUBPART A OF PART 435—STATIC SHEEN TEST

APPENDIX 2 TO SUBPART A OF PART 435—DRILLING FLUIDS TOXICITY TEST

Subpart B [Reserved]

Subpart C—Onshore Subcategory

435.30 Applicability; description of the on-shore subcategory.

435.31 Specialized definitions.435.32 Effluent limitations guidelines rep-

resenting the degree of effluent reductionattainable by the application of the bestpraticable control technology currentlyavailable.

Subpart D—Coastal Subcategory

435.40 Applicability; description of thecoastal subcategory.


resenting the degree of effluent reductionattainable by the application of the bestpracticable control technology currentlyavailable (BPT).

435.43 Effluent limitations guidelines rep-resenting the degree of effluent reductionattainable by the application of the bestavailable technology economicallyachievable (BAT).

435.44 Effluent limitations guidelines rep-resenting the degree of effluent reductionattainable by the application of the bestconventional pollutant control tech-nology (BCT).

435.45 Standards of performance for newsources (NSPS).

435.46 Pretreatment standards of perform-ance for existing sources (PSES).

435.47 Pretreatment standards of perform-ance for new sources (PSNS).

Subpart E—Agricultural and Wildlife WaterUse Subcategory

435.50 Applicability; description of the bene-ficial use subcategory.


resenting the degree of effluent reductionattainable by the application of the bestpracticable control technology currentlyavailable.

Subpart F—Stripper Subcategory

435.60 Applicability; description of thestripper subcategory.

435.61 Specialized definitions.

Subpart G—General Provisions

435.70 Applicability.

AUTHORITY: 33 U.S.C. 1311, 1314, 1316, 1317,1318 and 1361.

SOURCE: 44 FR 22075, Apr. 13, 1979, unlessotherwise noted.

Subpart A—Offshore Subcategory

SOURCE: 58 FR 12504, Mar. 4, 1993, unlessotherwise noted.

§ 435.10 Applicability; description ofthe offshore subcategory.

The provisions of this subpart are ap-plicable to those facilities engaged infield exploration, drilling, well produc-tion, and well treatment in the oil andgas industry which are located in wa-ters that are seaward of the innerboundary of the territorial seas (‘‘off-shore’’) as defined in section 502(g) ofthe Clean Water Act.

[61 FR 66123, Dec. 16, 1996]

§ 435.11 Specialized definitions.For the purpose of this subpart:(a) Except as provided below, the gen-

eral definitions, abbreviations andmethods of analysis set forth in 40 CFRpart 401 shall apply to this subpart.

(b) The term average of daily valuesfor 30 consecutive days shall be the aver-age of the daily values obtained duringany 30 consecutive day period.

(c) The term daily values as applied toproduced water effluent limitations

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Environmental Protection Agency § 435.11

and NSPS shall refer to the daily meas-urements used to assess compliancewith the maximum for any one day.

(d) The term deck drainage shall referto any waste resulting from deckwashings, spillage, rainwater, and run-off from gutters and drains includingdrip pans and work areas within facili-ties subject to this subpart. Within thedefinition of deck drainage for the pur-pose of this subpart, the term rain-water for those facilities located onland is limited to that precipitationrunoff that reasonably has the poten-tial to come into contact with processwastewater. Runoff not included in thedeck drainage definition would be sub-ject to control as storm water under 40CFR 122.26. For structures located overwater, all runoff is included in the deckdrainage definition.

(e) The term development facility shallmean any fixed or mobile structuresubject to this subpart that is engagedin the drilling of productive wells.

(f) The term diesel oil shall refer tothe grade of distillate fuel oil, as speci-fied in the American Society for Test-ing and Materials Standard Specifica-tion for Diesel Fuel Oils D975–91, thatis typically used as the continuousphase in conventional oil-based drillingfluids. This incorporation by referencewas approved by the Director of theFederal Register in accordance with 5U.S.C. 552(a) and 1 CFR part 51. Copiesmay be obtained from the AmericanSociety for Testing and Materials, 1916Race Street, Philadelphia, PA 19103.Copies may be inspected at the Officeof the Federal Register, 800 North Cap-itol Street, NW., Suite 700, Washing-ton, DC. A copy may also be inspectedat EPA’s Water Docket; Room M2616,401 M Street SW., Washington, DC20460.

(g) The term domestic waste shallrefer to materials discharged fromsinks, showers, laundries, safety show-ers, eye-wash stations, hand-wash sta-tions, fish cleaning stations, and gal-leys located within facilities subject tothis subpart.

(h) The term drill cuttings shall referto the particles generated by drillinginto subsurface geologic formationsand carried to the surface with thedrilling fluid.

(i) The term drilling fluid refers to thecirculating fluid (mud) used in the ro-tary drilling of wells to clean and con-dition the hole and to counterbalanceformation pressure. The four classes ofdrilling fluids are:

(1) A water-based drilling fluid haswater as the continuous phase and thesuspending medium for solids, whetheror not oil is present.

(2) An oil-based drilling fluid has die-sel oil, mineral oil, or some other oil,but neither a synthetic material norenhanced mineral oil, as its continuousphase with water as the dispersedphase.

(3) An enhanced mineral oil-baseddrilling fluid has an enhanced mineraloil as its continuous phase with wateras the dispersed phase.

(4) A synthetic-based drilling fluidhas a synthetic material as its continu-ous phase with water as the dispersedphase.

(j) The term enhanced mineral oil asapplied to enhanced mineral oil-baseddrilling fluid means a petroleum dis-tillate which has been highly purifiedand is distinguished from diesel oil andconventional mineral oil in having alower polycyclic aromatic hydrocarbon(PAH) content. Typically, conventionalmineral oils have a PAH content on theorder of 0.35 weight percent expressedas phenanthrene, whereas enhancedmineral oils typically have a PAH con-tent of 0.001 or lower weight percentPAH expressed as phenanthrene.

(k) The term exploratory facility shallmean any fixed or mobile structuresubject to this subpart that is engagedin the drilling of wells to determine thenature of potential hydrocarbon res-ervoirs.

(l) The term maximum as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallmean the maximum concentration al-lowed as measured in any single sampleof the barite.

(m) The term maximum for any oneday as applied to BPT, BCT and BATeffluent limitations and NSPS for oiland grease in produced water shallmean the maximum concentration al-lowed as measured by the average offour grab samples collected over a 24-hour period that are analyzed sepa-rately. Alternatively, for BAT and


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40 CFR Ch. I (7–1–97 Edition)§ 435.11

NSPS the maximum concentration al-lowed may be determined on the basisof physical composition of the fourgrab samples prior to a single analysis.

(n) The term minimum as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallmean the minimum 96-hour LC50 valueallowed as measured in any single sam-ple of the discharged waste stream. Theterm minimum as applied to BPT andBCT effluent limitations and NSPS forsanitary wastes shall mean the mini-mum concentration value allowed asmeasured in any single sample of thedischarged waste stream.

(o) The term M9IM shall mean thoseoffshore facilities continuouslymanned by nine (9) or fewer persons oronly intermittently manned by anynumber of persons.

(p) The term M10 shall mean thoseoffshore facilities continuouslymanned by ten (10) or more persons.

(q) The term new source means anyfacility or activity of this subcategorythat meets the definition of ‘‘newsource’’ under 40 CFR 122.2 and meetsthe criteria for determination of newsources under 40 CFR 122.29(b) appliedconsistently with all of the followingdefinitions:

(1) The term water area as used in theterm ‘‘site’’ in 40 CFR 122.29 and 122.2shall mean the water area and oceanfloor beneath any exploratory, develop-ment, or production facility wheresuch facility is conducting its explor-atory, development or production ac-tivities.

(2) The term significant site prepara-tion work as used in 40 CFR 122.29 shallmean the process of surveying, clearingor preparing an area of the ocean floorfor the purpose of constructing or plac-ing a development or production facil-ity on or over the site. ‘‘New Source’’does not include facilities covered byan existing NPDES permit imme-diately prior to the effective date ofthese guidelines pending EPA issuanceof a new source NPDES permit.

(r) The term no discharge of free oilshall mean that waste streams may notbe discharged when they would cause afilm or sheen upon or a discoloration ofthe surface of the receiving water orfail the static sheen test defined in Ap-pendix 1 to 40 CFR part 435, subpart A.

(s) The term produced sand shall referto slurried particles used in hydraulicfracturing, the accumulated formationsands and scales particles generatedduring production.

Produced sand also includes desanderdischarge from the produced waterwaste stream, and blowdown of thewater phase from the produced watertreating system.

(t) The term produced water shallrefer to the water (brine) brought upfrom the hydrocarbon-bearing strataduring the extraction of oil and gas,and can include formation water, injec-tion water, and any chemicals addeddownhole or during the oil/water sepa-ration process.

(u) The term production facility shallmean any fixed or mobile structuresubject to this subpart that is eitherengaged in well completion or used foractive recovery of hydrocarbons fromproducing formations.

(v) The term sanitary waste shall referto human body waste discharged fromtoilets and urinals located within fa-cilities subject to this subpart.

(w) The term static sheen test shallrefer to the standard test procedurethat has been developed for this indus-trial subcategory for the purpose ofdemonstrating compliance with the re-quirement of no discharge of free oil.The methodology for performing thestatic sheen test is presented in appen-dix 1 to 40 CFR part 435, subpart A.

(x) The term synthetic material as ap-plied to synthetic-based drilling fluidmeans material produced by the reac-tion of specific purified chemical feed-stock, as opposed to the traditionalbase fluids such as diesel and mineraloil which are derived from crude oilsolely through physical separationprocesses. Physical separation proc-esses include fractionation and distilla-tion and/or minor chemical reactionssuch as cracking and hydro processing.Since they are synthesized by the reac-tion of purified compounds, syntheticmaterials suitable for use in drillingfluids are typically free of polycyclicaromatic hydrocarbons (PAH’s) but aresometimes found to contain levels ofPAH up to 0.001 weight percent PAHexpressed as phenanthrene. Poly(alphaolefins) and vegetable esters are twoexamples of synthetic materials used


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by the oil and gas extraction industryin formulating drilling fluids.Poly(alpha olefins) are synthesizedfrom the polymerization (dimerization,trimerization, tetramerization, andhigher oligomerization) of purifiedstraight-chain hydrocarbons such asC6–C14 alpha olefins. Vegetable estersare synthesized from the acid-cata-lyzed esterification of vegetable fattyacids with various alcohols. The men-tion of these two branches of syntheticfluid base materials is to provide exam-ples, and is not meant to exclude othersynthetic materials that are either incurrent use or may be used in the fu-ture. A synthetic-based drilling fluidmay include a combination of syn-thetic materials.

(y) The term toxicity as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallrefer to the bioassay test procedurepresented in Appendix 2 of 40 CFR part435, subpart A.

(z) The term well completion fluidsshall refer to salt solutions, weightedbrines, polymers, and various additivesused to prevent damage to the wellbore during operations which preparethe drilled well for hydrocarbon pro-duction.

(aa) The term well treatment fluidsshall refer to any fluid used to restoreor improve productivity by chemicallyor physically altering hydrocarbon-bearing strata after a well has beendrilled.

(bb) The term workover fluids shallrefer to salt solutions, weighted brines,polymers, or other specialty additivesused in a producing well to allow formaintenance, repair or abandonmentprocedures.

(cc) The term 96-hour LC50 shall referto the concentration (parts per million)or percent of the suspended particulatephase (SPP) from a sample that is le-thal to 50 percent of the test organismsexposed to that concentration of theSPP after 96 hours of constant expo-sure.

[61 FR 66124, Dec. 16, 1996]

§ 435.12 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available(BPT).

Except as provided in 40 CFR 125.30–32, any existing point source subject tothis subpart must achieve the follow-ing effluent limitations representingthe degree of effluent reduction attain-able by the application of the bestpracticable control technology cur-rently available:

BPT EFFLUENT LIMITATIONS—OIL AND GREASE

[In milligrams per liter]

Pollutant parameterwaste source

Maximumfor any 1

day

Averageof values

for 30consecu-tive daysshall notexceed

Residualchlorineminimumfor any 1

day

Produced water ...... 72 48 NADeck drainage ........ (1) (1) NADrilling muds .......... (1) (1) NADrill cuttings ........... (1) (1) NAWell treatment

fluids ................... (1) (1) NASanitary:

M10 ..................... NA NA 2 1M9IM 3 ................ NA NA NA

Domestic ................ NA NA NA

1 No discharge of free oil.2 Minimum of 1 mg/l and maintained as close to

this concentration as possible.3 There shall be no floating solids as a result of the

discharge of these wastes.

§ 435.13 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available tech-nology economically achievable(BAT).

Except as provided in 40 CFR 125.30–32, any existing point source subject tothis subpart must achieve the follow-ing effluent limitations representingthe degree of effluent reduction attain-able by the application of the bestavailable technology economicallyachievable (BAT):


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40 CFR Ch. I (7–1–97 Edition)§ 435.14

BAT EFFLUENT LIMITATIONS

Waste source Pollutant pa-rameter

BAT effluent limita-tion

Produced water .......... Oil & grease The maximum forany one day shallnot exceed 42mg/l; the averageof daily values for30 consecutivedays shall not ex-ceed 29 mg/l.

Drilling fluids and drillcuttings:

(A) For facilities lo-cated within 3 milesfrom shore.

...................... No discharge.1

(B) For facilities lo-cated beyond 3miles from shore.

Toxicity ......... Minimum 96-hourLC50 of the SPPshall be 3% byvolume.2

Free oil ......... No discharge.3

Diesel oil ...... No discharge.Mercury ........ 1 mg/kg dry weight

maximum in thestock barite.

Cadmium ...... 3 mg/kg dry weightmaximum in thestock barite.

Well treatment, com-pletion, and work-over fluids.

Oil andgrease.

The maximum forany one day shallnot exceed 42mg/l; the averageof daily values for30 consecutivedays shall not ex-ceed 29 mg/l.

Deck drainage ............ Free oil ......... No discharge.4

Produced sand ........... ...................... No discharge.Domestic Waste ......... Foam ............ No discharge.

1 All Alaskan facilities are subject to the drilling fluids anddrill cuttings discharge limitations for facilities located beyond3 miles offshore.

2 As determined by the toxicity test (appendix 2).3 As determined by the static sheen test (appendix 1).4 As determined by the presence of a film or sheen upon or

a discoloration of the surface of the receiving water (visualsheen).

§ 435.14 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best conventional pollut-ant control technology (BCT).

Except as provided in 40 CFR 125.30–32, any existing point source subject tothis subpart must achieve the follow-ing effluent limitations representingthe degree of effluent reduction attain-able by the application of the best con-ventional pollutant control technology(BCT):

BCT Effluent Limitations

Waste source Pollutant pa-rameter

BCT effluent limita-tion

Produced water .......... Oil & grease The maximum forany one day shallnot exceed 72mg/l; the averageof values for 30consecutive daysshall not exceed48 mg/l.


(A) For facilities lo-cated within 3 milesfrom shore.

...................... No discharge.1

(B) For facilities lo-cated beyond 3miles from shore.


Well treatment, com-pletion and work-over fluids.


Deck drainage ............ Free oil ......... No discharge .3Produced sand ........... ...................... No discharge.Sanitary M10 .............. Residual

chlorine.Minimum of 1 mg/l

and maintainedas close to thisconcentration aspossible.

Sanitary M91M ........... Floating sol-ids.

No discharge.

Domestic Waste ......... Floating sol-ids.

No discharge.

All other do-mesticwaste.

See 33 CFR part151.

1 All Alaskan facilities are subject to the drilling fluids anddrill cuttings discharge limitations for facilities located morethan 3 miles offshore.

2 As determined by the static sheen test (appendix 1).3 As determined by the presence of a film or sheen upon or


§ 435.15 Standards of performance fornew sources (NSPS).

Any new source subject to this sub-part must achieve the following newsource performance standards (NSPS):

NEW SOURCE PERFORMANCE STANDARDS

Waste source Pollutant pa-rameter NSPS

Produced water ........ Oil andgrease.

The maximum forany one day shallnot exceed 42 mg/l; the average ofdaily values for 30consecutive daysshall not exceed29 mg/l.


(A) For facilities lo-cated within 3miles from shore.

...................... No discharge.1

(B) For facilities lo-cated more than 3miles from shore.

Toxicity ......... Minimum 96-hourLC50 of the SPPshall be 3 percentby volume.2


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Environmental Protection Agency Pt. 435, Subpt. A, App. 1

NEW SOURCE PERFORMANCE STANDARDS—Continued

Waste source Pollutant pa-rameter NSPS

Free oil ......... No discharge.3Diesel oil ...... No discharge.Mercury ........ 1 mg/kg dry weight

maximum in thestock barite.

Cadmium ...... 3 mg/kg dry weightmaximum in thestock barite.

Well treatment, com-pletion, and work-over fluids.

Oil andgrease.

The maximum forany one day shallnot exceed 42 mg/l; the average ofdaily values for 30consecutive daysshall not exceed29 mg/l.

Deck drainage .......... Free oil ......... No discharge.4Produced sand ......... ...................... No discharge.Sanitary M10 ............ Residual

chlorine.Minimum of 1 mg/l

and maintained asclose to this aspossible.

Sanitary M9IM .......... Floating sol-ids.

No discharge.

Domestic Waste ....... Floating sol-ids.

No discharge.

Foam ............ No discharge.All other do-

mesticwastes.

See 33 CFR part151.

1 All Alaskan facilities are subject to the drilling fluids anddrill cuttings discharge standards for facilities located morethan three miles offshore.

2 As determined by the toxicity test (appendix 2).3 As determined by the static sheen test (appendix 1).4 As determined by the presence of a film or sheen upon or


APPENDIX 1 TO SUBPART A OF PART435—STATIC SHEEN TEST

1. Scope and Application

This method is to be used as a compliancetest for the ‘‘no discharge of free oil’’ re-quirement for discharges of drilling fluids,drill cuttings, produced sand, and well treat-ment, completion and workover fluids. ‘‘Freeoil’’ refers to any oil contained in a wastestream that when discharged will cause afilm or sheen upon or a discoloration of thesurface of the receiving water.

2. Summary of Method

15-mL samples of drilling fluids or welltreatment, completion, and workover fluids,and 15-g samples (wet weight basis) of drillcuttings or produced sand are introducedinto ambient seawater in a container havingan air-to-liquid interface area of 1000 cm2

(155.5 in2). Samples are dispersed within thecontainer and observations made no morethan one hour later to ascertain if these ma-terials cause a sheen, iridescence, gloss, orincreased reflectance on the surface of thetest seawater. The occurrence of any of these

visual observations will constitute a dem-onstration that the tested material contains‘‘free oil,’’ and therefore results in a prohibi-tion of its discharge into receiving waters.

3. Interferences

Residual ‘‘free oil’’ adhering to samplingcontainers, the magnetic stirring bar used tomix the sample, and the stainless steel spat-ula used to mix the sample will be the prin-cipal sources of contamination problems.These problems should only occur if improp-erly washed and cleaned equipment are usedfor the test. The use of disposable equipmentminimizes the potential for similar contami-nation from pipettes and the test container.

4. Apparatus, Materials, and Reagents

4.1 Apparatus4.1.1 Sampling Containers: 1-liter poly-

ethylene beakers and 1-liter glass beak-ers.

4.1.2 Graduated cylinder: 100-mL grad-uated cylinder required only for oper-ations where predilution of mud dis-charges is required.

4.1.3 Plastic disposable weighing boats.4.1.4 Triple-beam scale.4.1.5 Disposable pipettes: 25-mL disposable

pipettes.4.1.6 Magnetic stirrer and stirring bar.4.1.7 Stainless steel spatula.4.1.8 Test container: Open plastic con-

tainer whose internal cross-section par-allel to its opening has an area of 1000cm2±50 cm2 (155.5 ±7.75 in2), and a depth ofat least 13 cm (5 inches) and no morethan 30 cm (11.8 inches).

4.2 Materials and Reagents.4.2.1 Plastic liners for the test container:

Oil-free, heavy-duty plastic trash can lin-ers that do not inhibit the spreading ofan oil film. Liners must be of sufficientsize to completely cover the interior sur-face of the test container. Permitteesmust determine an appropriate localsource of liners that do not inhibit thespreading of 0.05 mL of diesel fuel addedto the lined test container under the testconditions and protocol described below.

4.2.2 Ambient receiving water.

5. Calibration

None currently specified.

6. Quality Control Procedures

None currently specified.

7. Sample Collection and Handling

7.1 Sampling containers must be thor-oughly washed with detergent, rinsed a mini-mum of three times with fresh water, and al-lowed to air dry before samples are collected.

7.2 Samples of drilling fluid to be testedshall be taken at the shale shaker after


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40 CFR Ch. I (7–1–97 Edition)Pt. 435, Subpt. A, App. 1

cuttings have been removed. The sample vol-ume should range between 200 mL and 500mL.

7.3 Samples of drill cuttings will be takenfrom the shale shaker screens with a cleanspatula or similar instrument and placed ina glass beaker. Cuttings samples shall be col-lected prior to the addition of any washdownwater and should range between 200 g and 500g.

7.4 Samples of produced sand must be ob-tained from the solids control equipmentfrom which the discharge occurs on anygiven day and shall be collected prior to theaddition of any washdown water; samplesshould range between 200 g and 500 g.

7.5 Samples of well treatment, comple-tion, and workover fluids must be obtainedfrom the holding facility prior to discharge;the sample volume should range between 200mL and 500 mL.

7.6 Samples must be tested no later than1 hour after collection.

7.7 Drilling fluid samples must be mixedin their sampling containers for 5 minutesprior to the test using a magnetic bar stir-rer. If predilution is imposed as a permitcondition, the sample must be mixed at thesame ratio with the same prediluting wateras the discharged muds and stirred for 5 min-utes.

7.8 Drill cuttings must be stirred and wellmixed by hand in their sampling containersprior to testing, using a stainless steel spat-ula.

8. Procedure

8.1 Ambient receiving water must be usedas the ‘‘receiving water’’ in the test. Thetemperature of the test water shall be asclose as practicable to the ambient condi-tions in the receiving water, not the roomtemperature of the observation facility. Thetest container must have an air-to-liquidinterface area of 1000 ±50 cm2. The surface ofthe water should be no more than 1.27 cm (.5inch) below the top of the test container.

8.2 Plastic liners shall be used, one pertest container, and discarded afterwards.Some liners may inhibit spreading of addedoil; operators shall determine an appropriatelocal source of liners that do not inhibit thespreading of the oil film.

8.3 A 15-mL sample of drilling fluid orwell treatment, completion, and workoverfluids must be introduced by pipette into thetest container 1 cm below the water surface.Pipettes must be filled and discharged withtest material prior to the transfer of testmaterial and its introduction into test con-tainers. The test water/test material mixturemust be stirred using the pipette to distrib-ute the test material homogeneouslythroughout the test water. The pipette mustbe used only once for a test and then dis-carded.

8.4 Drill cuttings or produced sand shouldbe weighed on plastic weighing boats; 15-gsamples must be transferred by scraping testmaterial into the test water with a stainlesssteel spatula. Drill cuttings shall not beprediluted prior to testing. Also, drillingfluids and cuttings will be tested separately.The weighing boat must be immersed in thetest water and scraped with the spatula totransfer any residual material to the testcontainer. The drill cuttings or producedsand must be stirred with the spatula to aneven distribution of solids on the bottom ofthe test container.

8.5 Observations must be made no laterthan 1 hour after the test material is trans-ferred to the test container. Viewing pointsabove the test container should be madefrom at least three sides of the test con-tainer, at viewing angles of approximately60° and 30° from the horizontal. Illuminationof the test container must be representativeof adequate lighting for a working environ-ment to conduct routine laboratory proce-dures. It is recommended that the water sur-face of the test container be observed undera fluorescent light source such as a dissect-ing microscope light. The light source shallbe positioned above and directed over the en-tire surface of the pan.

8.6 Detection of a ‘‘silvery’’ or ‘‘metallic’’sheen or gloss, increased reflectivity, visualcolor, iridescence, or an oil slick on thewater surface of the test container surfaceshall constitute a demonstration of ‘‘freeoil.’’ These visual observations includepatches, streaks, or sheets of such alteredsurface characteristics. If the free oil con-tent of the sample approaches or exceeds10%, the water surface of the test containermay lack color, a sheen, or iridescence, dueto the increased thickness of the film; thus,the observation for an oil slick is required.The surface of the test container shall not bedisturbed in any manner that reduces thesize of any sheen or slick that may bepresent.

If an oil sheen or slick occurs on less thanone-half of the surface area after the sampleis introduced to the test container, observa-tions will continue for up to 1 hour. If thesheen or slick increases in size and coversgreater than one-half of the surface area ofthe test container during the observation pe-riod, the discharge of the material shallcease. If the sheen or slick does not increasein size to cover greater than one-half of thetest container surface area after one hour ofobservation, discharge may continue and ad-ditional sampling is not required.

If a sheen or slick occurs on greater thanone-half of the surface area of the test con-tainer after the test material is introduced,discharge of the tested material shall cease.The permittee may retest the material caus-ing the sheen or slick. If subsequent tests do


237


not result in a sheen or slick covering great-er than one-half of the surface area of thetest container, discharge may continue.

APPENDIX 2 TO SUBPART A OF PART435—DRILLING FLUIDS TOXICITY TEST

I. Sample Collection

The collection and preservation methodsfor drilling fluids (muds) and water samplespresented here are designed to minimizesample contamination and alteration of thephysical or chemical properties of the sam-ples due to freezing, air oxidation, or drying.

I–A Apparatus

(1) The following items are required forwater and drilling mud sampling and stor-age:

a. Acid-rinsed linear-polyethylene bottlesor other appropriate noncontaminating drill-ing mud sampler.

b. Acid-rinsed linear-polyethylene bottlesor other appropriate noncontaminatingwater sampler.

c. Acid-rinsed linear-polyethylene bottlesor other appropriate noncontaminated ves-sels for water and mud samples.

d. Ice chests for preservation and shippingof mud and water samples.

I–B. Water Sampling

(1) Collection of water samples shall bemade with appropriate acid-rinsed linear-polyethylene bottles or other appropriatenon-contaminating water sampling devices.Special care shall be taken to avoid the in-troduction of contaminants from the sam-pling devices and containers. Prior to use,the sampling devices and containers shouldbe thoroughly cleaned with a detergent solu-tion, rinsed with tap water, soaked in 10 per-cent hydrochloric acid (HCl) for 4 hours, andthen thoroughly rinsed with glass-distilledwater.

I–C. Drilling Mud Sampling

(1) Drilling mud formulations to be testedshall be collected from active field systems.Obtain a well-mixed sample from beneaththe shale shaker after the mud has passedthrough the screens. Samples shall be storedin polyethylene containers or in other appro-priate uncontaminated vessels. Prior to seal-ing the sample containers on the platform,flush as much air out of the container by fill-ing it with drilling fluid sample, leaving aone inch space at the top.

(2) Mud samples shall be immediatelyshipped to the testing facility on blue or wetice (do not use dry ice) and continuouslymaintained at 0–4° C until the time of test-ing.

(3) Bulk mud samples shall be thoroughlymixed in the laboratory using a 1000 rpmhigh shear mixer and then subdivided into

individual, small wide-mouthed (e.g., one ortwo liter) non-contaminating containers forstorage.

(4) The drilling muds stored in the labora-tory shall have any excess air removed byflushing the storage containers with nitro-gen under pressure anytime the containersare opened. Moreover, the sample in any con-tainer opened for testing must be thoroughlystirred using a 1000 rpm high shear mixerprior to use.

(5) Most drilling mud samples may bestored for periods of time longer than 2weeks prior to toxicity testing provided thatproper containers are used and proper condi-tion are maintained.

II. Suspended Particulate Phase SamplePreparation

(1) Mud samples that have been storedunder specified conditions in this protocolshall be prepared for tests within threemonths after collection. The SPP shall beprepared as detailed below.

II–-A Apparatus

(1) The following items are required:a. Magnetic stir plates and bars.b. Several graduated cylinders, ranging in

volume from 10 mL to 1 Lc. Large (15 cm) powder funnels.d. Several 2-liter graduated cylinders.e. Several 2-liter large mouth graduated

Erlenmeyer flasks.(2) Prior to use, all glassware shall be thor-

oughly cleaned. Wash all glassware with de-tergent, rinse five times with tap water,rinse once with acetone, rinse several timeswith distilled or deionized water, place in aclean 10-percent (or stronger) HCl acid bathfor a minimum of 4 hours, rinse five timeswith tap water, and then rinse five timeswith distilled or deionized water. For testsamples containing mineral oil or diesel oil,glassware should be washed with petroleumether to assure removal of all residual oil.

NOTE: If the glassware with nytex cupssoaks in the acid solution longer than 24hours, then an equally long deionized watersoak should be performed.

II–B Test Seawater Sample Preparation

(1) Diluent seawater and exposure seawatersamples are prepared by filtration through a1.0 micrometer filter prior to analysis.

(2) Artificial seawater may be used as longas the seawater has been prepared by stand-ard methods or ASTM methods, has beenproperly ‘‘seasoned,’’ filtered, and has beendiluted with distilled water to the same spec-ified 20±2 ppt salinity and 20±2° C tempera-ture as the ‘‘natural’’ seawater.

II–C Sample Preparation

(1) The pH of the mud shall be tested priorto its use. If the pH is less than 9, if black


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spots have appeared on the walls of the sam-ple container, or if the mud sample has afoul odor, that sample shall be discarded.Subsample a manageable aliquot of mudfrom the well-mixed original sample. Mix themud and filtered test seawater in a volu-metric mud-to-water ratio of 1 to 9. This isbest done by the method of volumetric dis-placement in a 2–L, large mouth, graduatedErlenmeyer flask. Place 1000 mL of seawaterinto the graduated Erlenmeyer flask. Themud subsample is then carefully added via apowder funnel to obtain a total volume of1200 mL. (A 200 mL volume of the mud willnow be in the flask).

The 2–L, large mouth, graduated Erlen-meyer flask is then filled to the 2000 mLmark with 800 mL of seawater, which pro-duces a slurry with a final ratio of one vol-ume drilling mud to nine volumes water. Ifthe volume of SPP required for testing oranalysis exceeds 1500 to 1600 mL, the initialvolumes should be proportionately in-creased. Alternatively, several 2–L drill mud/water slurries may be prepared as outlinedabove and combined to provide sufficientSPP.

(2) Mix this mud/water slurry with mag-netic stirrers for 5 minutes. Measure the pHand, if necessary, adjust (decrease) the pH ofthe slurry to within 0.2 units of the seawaterby adding 6N HCl while stirring the slurry.Then, allow the slurry to settle for 1 hour.Record the amount of HCl added.

(3) At the end of the settling period, care-fully decant (do not siphon) the SuspendedParticulate Phase (SPP) into an appropriatecontainer. Decanting the SPP is one contin-uous action. In some cases no clear interfacewill be present; that is, there will be no solidphase that has settled to the bottom. Forthose samples the entire SPP solutionshould be used when preparing test con-centrations. However, in those cases when noclear interface is present, the sample mustbe remixed for five minutes. This insures thehomogeneity of the mixture prior to thepreparation of the test concentrations. Inother cases, there will be samples with twoor more phases, including a solid phase. Forthose samples, carefully and continuouslydecant the supernatant until the solid phaseon the bottom of the flask is reached. Thedecanted solution is defined to be 100 percentSPP. Any other concentration of SPP refersto a percentage of SPP that is obtained byvolumetrically mixing 100 percent SPP withseawater.

(4) SPP samples to be used in toxicity testsshall be mixed for 5 minutes and must not bepreserved or stored.

(5) Measure the filterable and unfilterableresidue of each SPP prepared for testing.Measure the dissolved oxygen (DO) and pH ofthe SPP. If the DO is less than 4.9 ppm, aer-ate the SPP to at least 4.9 ppm which is 65percent of saturation. Maximum allowable

aeration time is 5 minutes using a genericcommercial air pump and air stone. Neutral-ize the pH of the SPP to a pH 7.8±.1 using adilute HCl solution. If too much acid is addedto lower the pH saturated NaOH may be usedto raise the pH to 7.8±.1 units. Record theamount of acid or NaOH needed to lower/raise to the appropriate pH. Three repeatedDO and pH measurements are needed to in-sure homogeneity and stability of the SPP.Preparation of test concentrations maybegin after this step is complete.

(6) Add the appropriate volume of 100 per-cent SPP to the appropriate volume of sea-water to obtain the desired SPP concentra-tion. The control is seawater only. Mix allconcentrations and the control for 5 minutesby using magnetic stirrers. Record the time;and, measure DO and pH for Day 0. Then, theanimals shall be randomly selected andplaced in the dishes in order to begin the 96-hour toxicity test.

III. Guidance for Performing Suspended Partic-ulate Phase Toxicity Tests Using Mysidopsisbahia

III–A Apparatus

(1) Items listed by Borthwick [1] are re-quired for each test series, which consists ofone set of control and test containers, withthree replicates of each.

III–B Sample Collection Preservation

(1) Drilling muds and water samples arecollected and stored, and the suspended par-ticulate phase prepared as described in sec-tion 1–C.

III–C Species Selection

(1) The Suspended Particulate Phase (SPP)tests on drilling muds shall utilize the testspecies Mysidopsis bahia. Test animals shallbe 3 to 6 days old on the first day of expo-sure. Whatever the source of the animals,collection and handling should be as gentleas possible. Transportation to the laboratoryshould be in well-aerated water from the ani-mal culture site at the temperature and sa-linity from which they were cultured. Meth-ods for handling, acclimating, and sizing bio-assay organisms given by Borthwick [1] andNimmo [2] shall be followed in matters forwhich no guidance is given here.

III–D Experimental Conditions

(1) Suspended particulate phase (SPP) testsshould be conducted at a salinity of 20±2 ppt.Experimental temperature should be 20±2°C.Dissolved oxygen in the SPP shall be raisedto or maintained above 65 percent of satura-tion prior to preparation of the test con-centrations. Under these conditions of tem-perature and salinity, 65 percent saturationis a DO of 5.3 ppm. Beginning at Day 0-beforethe animals are placed in the test containers


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DO, temperature, salinity, and pH shall bemeasured every 24 hours. DO should be re-ported in milligrams per liter.

(2) Aeration of test media is required dur-ing the entire test with a rate estimated tobe 50–140 cubic centimeters/minute. This airflow to each test dish may be achievedthrough polyethylene tubing (0.045-inchinner diameter and 0.062-inch outer diame-ter) by a small generic aquarium pump. Thedelivery method, surface area of the aerationstone, and flow characteristics shall be docu-mented. All treatments, including control,shall be the same.

(3) Light intensity shall be 1200microwatts/cm 2 using cool white fluorescentbulbs with a 14-hr light and 10-hr dark cycle.This light/dark cycle shall also be main-tained during the acclimation period and thetest.

III–E Experimental Procedure

(1) Wash all glassware with detergent,rinse five times with tap water, rinse oncewith acetone, rinse several times with dis-tilled or deionized water, place in a clean 10percent HCl acid bath for a minimum of 4hours, rinse five times with tap water, andthen rinse five times with distilled water.

(2) Establish the definitive test concentra-tion based on results of a range finding test.A minimum of five test concentrations plusa negative and positive (reference toxicant)control is required for the definitive test. Toestimate the LC–50, two concentrations shallbe chosen that give (other than zero and 100percent) mortality above and below 50 per-cent.

(3) Twenty organisms are exposed in eachtest dish. Nytex cups shall be inserted intoevery test dish prior to adding the animals.These ‘‘nylon mesh screen’’ nytex holdingcups are fabricated by gluing a collar of 363-micrometer mesh nylon screen to a 15-centi-meter wide Petri dish with silicone sealant.The nylon screen collar is approximately 5centimeters high. The animals are thenplaced into the test concentration within theconfines of the Nytex cups.

(4) Individual organisms shall be randomlyassigned to treatment. A randomization pro-cedure is presented in section V of this pro-tocol. Make every attempt to expose animalsof approximately equal size. The techniquedescribed by Borthwick [1], or other suitablesubstitutes, should be used for transferringspecimens. Throughout the test period,mysids shall be fed daily with approximately50 Artemia (brine shrimp) nauplii per mysid.This will reduce stress and decrease can-nibalism.

(5) Cover the dishes, aerate, and incubatethe test containers in an appropriate testchamber. Positioning of the test containersholding various concentrations of test solu-tion should be randomized if incubator ar-rangement indicates potential position dif-

ference. The test medium is not replacedduring the 96-hour test.

(6) Observations may be attempted at 4, 6and 8 hours; they must be attempted at 0, 24,48, and 72 hours and must be made at 96hours. Attempts at observations refers toplacing a test dish on a light table and vis-ually counting the animals. Do not lift the‘‘nylon mesh screen’’ cup out of the test dishto make the observation. No unnecessaryhandling of the animals should occur duringthe 96 hour test period. DO and pH measure-ments must also be made at 0, 24, 48, 72, and96 hours. Take and replace the test mediumnecessary for the DO and pH measurementsoutside of the nytex cups to minimizestresses on the animals.

(7) At the end of 96 hours, all live animalsmust be counted. Death is the end point, sothe number of living organisms is recorded.Death is determined by lack of spontaneousmovement. All crustaceans molt at regularintervals, shedding a complete exoskeleton.Care should be taken not to count anexoskeleton. Dead animals might decomposeor be eaten between observations. Therefore,always count living, not dead animals. Ifdaily observations are made, remove dead or-ganisms and molted exoskeletons with a pi-pette or forceps. Care must be taken not todisturb living organisms and to minimize theamount of liquid withdrawn.

IV. Methods for Positive Control Tests(Reference Toxicant)

(1) Sodium lauryl sulfate (dodecyl sodiumsulfate) is used as a reference toxicant forthe positive control. The chemical usedshould be approximately 95 percent pure. Thesource, lot number, and percent purity shallbe reported.

(2) Test methods are those used for thedrilling fluid tests, except that the test ma-terial was prepared by weighing one gram so-dium lauryl sulfate on an analytical balance,adding the chemical to a 100-milliliter volu-metric flask, and bringing the flask to vol-ume with deionized water. After mixing thisstock solution, the test mixtures are pre-pared by adding 0.1 milliliter of the stock so-lution for each part per million desired toone liter of seawater.

(3) The mixtures are stirred briefly, waterquality is measured, animals are added toholding cups, and the test begins. Incubationand monitoring procedures are the same asthose for the drilling fluids.

V. Randomization Procedure

V–A Purpose and Procedure

(1) The purpose of this procedure is to as-sure that mysids are impartially selectedand randomly assigned to six test treat-ments (five drilling fluid or reference toxi-cant concentrations and a control) and im-partially counted at the end of the 96-hour


240


test. Thus, each test setup, as specified inthe randomization procedure, consists of 3replicates of 20 animals for each of the sixtreatments, i.e., 360 animals per test. Figure1 is a flow diagram that depicts the proce-dure schematically and should be reviewedto understand the over-all operation. Thefollowing tasks shall be performed in theorder listed.

(2) Mysids are cultured in the laboratory inappropriate units. If mysids are purchased,go to Task 3.

(3) Remove mysids from culture tanks (6, 5,4, and 3 days before the test will begin, i.e.Tuesday, Wednesday, Thursday, and Fridayif the test will begin on Monday) and placethem in suitably large maintenance contain-ers so that they can swim about freely andbe fed.

NOTE: Not every detail (the definition ofsuitably large containers, for example) isprovided here. Training and experience inaquatic animal culture and testing will berequired to successfully complete thesetests.


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(4) Remove mysids from maintenance con-tainers and place all animals in a single con-tainer. The intent is to have homogeneoustest population of mysids of a known age (3–6 days old).

(5) For each toxicity test, assign two suit-able containers (500-milliliter (mL) beakersare recommended) for mysid separation/enu-meration. Label each container (A1, A2, B1,B2, and C1, C2, for example, if two drillingfluid tests and a reference toxicant test areto be set up on one day). The purpose of thistask is to allow the investigator to obtain aclose estimate of the number of animalsavailable for testing and to prevent unneces-sary crowding of the mysids while they arebeing counted and assigned to test contain-ers. Transfer the mysids from the large testpopulation container to the labeled separa-tion and enumeration containers but do notplace more than 200 mysids in a 500-mL beak-er. Be impartial in transferring the mysids;place approximately equal numbers of ani-mals (10–15 mysids is convenient) in eachcontainer in a cyclic manner rather thanplacing the maximum number each con-tainer at one time.

NOTE: It is important that the animals notbe unduly stressed during this selection andassignment procedure. Therefore, it willprobably be necessary to place all animals(except the batch immediately being as-signed to test containers) in mesh cups withflowing seawater or in large volume contain-ers with aeration. The idea is to provide theanimals with near optimal conditions toavoid additional stress.

(6) Place the mysids from the two labeledenumeration containers assigned to a spe-cific test into one or more suitable contain-ers to be used as counting dishes (2-literCarolina dishes are suggested). Because ofthe time required to separate, count, and as-sign mysids, two or more people may be in-volved in completing this task. If this isdone, two or more counting dishes may beused, but the investigator must make surethat approximately equal numbers of mysidsfrom each labeled container are placed ineach counting dish.

(7) By using a large-bore, smooth-tip glasspipette, select mysids from the countingdish(es) and place them in the 36 individuallynumbered distribution containers (10-mlbeakers are suggested). The mysids are as-signed two at a time to the 36 containers byusing a randomization schedule similar tothe one presented below. At the end of selec-tion/assignment round 1, each container willcontain two mysids; at the end of round 2,they will contain four mysids; and so onuntil each contains ten mysids.

EXAMPLE OF A RANDOMIZATION SCHEDULE

Selection/assignment round (2mysids each)

Place mysid in the num-bered distribution contain-ers in the random order

shown

1 ................................................. 8, 21, 6, 28, 33, 32, 1, 3,10, 9, 4, 14, 23, 2, 34,22, 36, 27, 5, 30, 35,24, 12, 25, 11, 17, 19,26, 31, 7, 20, 15, 18,13, 16, 29.

2 ................................................. 35, 18, 5, 12, 32, 34, 22,3, 9, 16, 26, 13, 20, 28,6, 21, 24, 30, 8, 31, 7,23, 2, 15, 25, 17, 1, 11,27, 4, 19, 36, 10, 33,14, 29.

3 ................................................. 7, 19, 14, 11, 34, 21, 25,27, 17, 18, 6, 16, 29, 2,32, 10, 4, 20, 3, 9, 1, 5,28, 24, 31, 15, 22, 13,33, 26, 36, 12, 8, 30,35, 23.

4 ................................................. 30, 2, 18, 5, 8, 27, 10, 25,4, 20, 26, 15, 31, 36,35, 23, 11, 29, 16, 17,28, 1, 33, 14, 9, 34, 7,3, 12, 22, 21, 6, 19, 24,32, 13.

5 ................................................. 34, 28, 16, 17, 10, 12, 1,36, 20, 18, 15, 22, 2, 4,19, 23, 27, 29, 25, 21,30, 3, 9, 33, 32, 6, 14,11, 35, 24, 26, 7, 31, 5,13, 8.

(8) Transfer mysids from the 36 distribu-tion containers to 18 labeled test containersin random order. A label is assigned to eachof the three replicates (A, B, C) of the sixtest concentrations. Count and record the 96hour response in an impartial order.

(9) Repeat tasks 5–7 for each toxicity test.A new random schedule should be followed inTasks 6 and 7 for each test.

NOTE: If a partial toxicity test is con-ducted, the procedures described above areappropriate and should be used to preparethe single test concentration and control,along with the reference toxicant test.

V–B. Data Analysis and Interpretation

(1) Complete survival data in all test con-tainers at each observation time shall bepresented in tabular form. If greater than 10percent mortality occurs in the controls, alldata shall be discarded and the experimentrepeated. Unacceptably high control mortal-ity indicates the presence of importantstresses on the organisms other than the ma-terial being tested, such as injury or disease,stressful physical or chemical conditions inthe containers, or improper handling, accli-mation, or feeding. If 10 percent mortality orless occurs in the controls, the data may beevaluated and reported.


243


(2) A definitive, full bioassay conducted ac-cording to the EPA protocol is used to esti-mate the concentration that is lethal to 50percent of the test organisms that do not dienaturally. This toxicity measure is known asthe median lethal concentration, or LC–50.The LC–50 is adjusted for natural mortalityor natural responsiveness. The maximumlikelihood estimation procedure with the ad-justments for natural responsiveness asgiven by D.J. Finney, in Probit Analysis 3rdedition, 1971, Cambridge University Press,chapter 7, can be used to obtain the probitmodel estimate of the LC–50 and the 95 per-cent fiducial (confidence) limits for the LC–50. These estimates are obtained using thelogarithmic transform of the concentration.The heterogeneity factor (Finney 1971, pages70–72) is not used. For a test material to passthe toxicity test, according to the require-ments stated in the offshore oil and gas ex-traction industry BAT effluent limitationsand NSPS, the LC–50, adjusted for naturalresponsiveness, must be greater than 3 per-cent suspended particulate phase (SPP) con-centration by volume unadjusted for the 1 to9 dilution. Other toxicity test models may beused to obtain toxicity estimates providedthe modeled mathematical expression for thelethality rate must increase continuouslywith concentration. The lethality rate ismodeled to increase with concentration toreflect an assumed increase in toxicity withconcentration even though the observedlethality may not increase uniformly be-cause of the unpredictable animal responsefluctuations.

(3) The range finding test is used to estab-lish a reasonable set of test concentrationsin order to run the definitive test. However,if the lethality rate changes rapidly over anarrow range of concentrations, the rangefinding assay may be too coarse to establishan adequate set of test concentrations for adefinitive test.

(4) The EPA Environmental Research Lab-oratory in Gulf Breeze, Florida prepared aResearch and Development Report entitledAcute Toxicity of Eight Drilling Fluids toMysid Shrimp (Mysidopsis bahia), May 1984EPA–600/3–84–067. The Gulf Breeze data fordrilling fluid number 1 are displayed in Table1 for purposes of an example of the probitanalysis described above. The SAS ProbitProcedure (SAS Institute, Statistical Analy-sis System, Cary, North Carolina, 1982) wasused to analyze these data. The 96-hour LC50adjusted for the estimated spontaneous mor-tality rate is 3.3 percent SPP with 95 percentlimits of 3.0 and 3.5 percent SPP with the 1to 9 dilution. The estimated spontaneousmortality rate based on all of the data is 9.6percent.

TABLE 1.—LISTING OF ACUTE TOXICITY TESTDATA (AUGUST 1983 TO SEPTEMBER 1983)WITH EIGHT GENERIC DRILLING FLUIDS ANDMYSID SHRIMP

[fluid N2=1]

Percent concentration Numberexposed

Numberdead(96

hours)

Numberalive (96hours)

0 ........................................... 60 3 571 ........................................... 60 11 492 ........................................... 60 11 493 ........................................... 60 25 354 ........................................... 60 48 125 ........................................... 60 60 0

V–C. The Partial Toxicity Test for Evaluation ofTest Material

(1) A partial test conducted according toEPA protocol can be used economically todemonstrate that a test material passes thetoxicity test. The partial test cannot be usedto estimate the LC–50 adjusted for naturalresponse.

(2) To conduct a partial test follow the testprotocol for preparation of the test materialand organisms. Prepare the control (zeroconcentration), one test concentration (3percent suspended particulate phase) and thereference toxicant according to the methodsof the full test. A range finding test is notused for the partial test.

(3) Sixty test organisms are used for eachtest concentration. Find the number of testorganisms killed in the control (zero percentSPP) concentration in the column labeled X0

of Table 2. If the number of organisms in thecontrol (zero percent SPP) exceeds the tablevalues, then the test is unacceptable andmust be repeated. If the number of orga-nisms killed in the 3 percent test concentra-tion is less than or equal to correspondingnumber in the column labeled X1 then thetest material passes the partial toxicity test.Otherwise the test material fails the toxicitytest.

(4) Data shall be reported as percent sus-pended particulate phase.

TABLE 2

X0 X1

0 ......................................................................... 221 ......................................................................... 222 ......................................................................... 233 ......................................................................... 234 ......................................................................... 245 ......................................................................... 246 ......................................................................... 25

VI. References

1. Borthwick, Patrick W. 1978. Methods foracute static toxicity tests with mysid


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40 CFR Ch. I (7–1–97 Edition)§ 435.30

shrimp (Mysidopsis bahia). Bioassay Proce-dures for the Ocean Disposal Permit Pro-gram, [EPA–600/9–78–010:] March.

2. Nimmo, D.R., T.L. Hamaker, and C.A.Somers. 1978. Culturing the mysid(Mysidopsis bahia) in flowing seawater or astatic system. Bioassay Procedures for theOcean Disposal Permit Program, [EPA–600/9–78–010]: March.

3. American Public Health Association etal. 1980. Standard Methods for the Examina-tion of Water and Wastewater. Washington,DC, 15th Edition: 90–99.

4. U.S. Environmental Protection Agency,September 1991. Methods for Measuring theAcute Toxicity of Effluents and ReceivingWaters to Freshwater and Marine Orga-nisms. EPA/600/4–90/027. Washington, DC, 4thEdition.

5. Finney, D.J. Probit Analysis. CambridgeUniversity Press; 1971.

6. U.S. Environmental Protection Agency,May 1984. Acute Toxicity of Eight DrillingFluids to Mysid Shrimp (Mysidopsis bahia).EPA–600/3–84–067.

Subpart B—[Reserved]

Subpart C—Onshore Subcategory

§ 435.30 Applicability; description ofthe onshore subcategory.

The provisions of this subpart are ap-plicable to those facilities engaged inthe production, field exploration, drill-ing, well completion and well treat-ment in the oil and gas extraction in-dustry which are located landward ofthe inner boundary of the territorialseas as defined in 40 CFR 125.1(gg) andwhich are not included within subpartD, E, or F, Provided, however, That theapplicability of this subpart to (a) fa-cilities in existence on April 13, 1979 orthereafter engaged in the production,field exploration, drilling, well comple-tion and well treatment in the oil andgas extraction industry which are lo-cated on land and which would havebeen considered ‘‘coastal’’ as definedunder the interim final regulations forthis industry (40 CFR 435.41, 41 FR44942, October 13, 1976) or which are (b)located in the Santa Maria Basin ofCalifornia is suspended.

(Secs. 301, 304(b) and 501 of the Clean WaterAct as amended, 33 U.S.C. 1251 et seq.)

[44 FR 22075, Apr. 13, 1979, as amended at 47FR 31555, July 21, 1982]

§ 435.31 Specialized definitions.For the purpose of this subpart:(a) The general definitions, abbrevia-

tions, and methods of analysis set forthin 40 CFR part 401 shall apply to thissubpart.

§ 435.32 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

Except as provided in §§ 125.30through 125.32, any existing pointsource subject to this subpart shallachieve the following effluent limita-tions representing the degree of efflu-ent reduction attainable by the appli-cation of the best practicable controltechnology currently available (BPT):there shall be no discharge of wastewater pollutants into navigable watersfrom any source associated with pro-duction, field exploration, drilling, wellcompletion, or well treatment (i.e.,produced water, drilling muds, drillcuttings, and produced sand).

[60 FR 33966, June 29, 1995]

Subpart D—Coastal Subcategory

SOURCE: 61 FR 66125, Dec. 16, 1996, unlessotherwise noted.

§ 435.40 Applicability; description ofthe coastal subcategory.

The provisions of this subpart are ap-plicable to those facilities engaged infield exploration, drilling, well produc-tion, and well treatment in the oil andgas industry in areas defined as ‘‘coast-al.’’ The term ‘‘coastal’’ shall mean:

(a) Any location in or on a water ofthe United States landward of theinner boundary of the territorial seas;or

(b)(1) Any location landward from theinner boundary of the territorial seasand bounded on the inland side by theline defined by the inner boundary ofthe territorial seas eastward of thepoint defined by 89°45′ West Longitudeand 29°46′ North Latitude and continu-ing as follows west of that point:

Direction to westlongitude

Direction to northlatitude

West, 89°48′ .......................... North, 29°50′.


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Direction to westlongitude

Direction to northlatitude

West, 90°12′ .......................... North, 30°06′.West, 90°20′ .......................... South, 29°35′.West, 90°35′ .......................... South, 29°30′.West, 90°43′ .......................... South, 29°25′.West, 90°57′ .......................... North, 29°32′.West, 91°02′ .......................... North, 29°40′.West, 91°14′ .......................... South, 29°32′.West, 91°27′ .......................... North, 29°37′.West, 91°33′ .......................... North, 29°46′.West, 91°46′ .......................... North, 29°50′.West, 91°50′ .......................... North, 29°55′.West, 91°56′ .......................... South, 29°50′.West, 92°10′ .......................... South, 29°44′.West, 92°55′ .......................... North, 29°46′.West, 93°15′ .......................... North, 30°14′.West, 93°49′ .......................... South, 30°07′.West, 94°03′ .......................... South, 30°03′.West, 94°10′ .......................... South, 30°00′.West, 94°20′ .......................... South, 29°53′.West, 95°00′ .......................... South, 29°35′.West, 95°13′ .......................... South, 29°28′.East, 95°08′ ........................... South, 29°15′.West, 95°11′ .......................... South, 29°08′.West, 95°22′ .......................... South, 28°56′.West, 95°30′ .......................... South, 28°55′.West, 95°33′ .......................... South, 28°49′.West, 95°40′ .......................... South, 28°47′.West, 96°42′ .......................... South, 28°41′.East, 96°40′ ........................... South, 28°28′.West, 96°54′ .......................... South, 28°20′.West, 97°03′ .......................... South, 28°13′.West, 97°15′ .......................... South, 27°58′.West, 97°40′ .......................... South, 27°45′.West, 97°46′ .......................... South, 27°28′.West, 97°51′ .......................... South, 27°22′.East, 97°46′ ........................... South, 27°14′.East, 97°30′ ........................... South, 26°30′.East, 97°26′ ........................... South, 26°11′.

(2) East to 97°19′ West Longitude andSouthward to the U.S.-Mexican border.


eral definitions, abbreviations andmethods of analysis set forth in 40 CFRpart 401 shall apply to this subpart.

(b) The term average of daily valuesfor 30 consecutive days shall be the aver-age of the daily values obtained duringany 30 consecutive day period.

(c) The term Cook Inlet refers tocoastal locations north of the line be-tween Cape Douglas on the West andPort Chatham on the east.

(d) The term daily values as applied toproduced water effluent limitationsand NSPS shall refer to the daily meas-urements used to assess compliancewith the maximum for any one day.

(e) The term deck drainage shall referto any waste resulting from deckwashings, spillage, rainwater, and run-off from gutters and drains including

drip pans and work areas within facili-ties subject to this subpart.

(f) The term development facility shallmean any fixed or mobile structuresubject to this subpart that is engagedin the drilling of productive wells.

(g) The term dewatering effluentmeans wastewater from drilling fluidsand drill cuttings dewatering activities(including but not limited to reservepits or other tanks or vessels, andchemical or mechanical treatment oc-curring during the drilling solids sepa-ration/recycle/disposal process).

(h) The term diesel oil shall refer tothe grade of distillate fuel oil, as speci-fied in the American Society for Test-ing and Materials Standard Specifica-tion for Diesel Fuel Oils D975–91, thatis typically used as the continuousphase in conventional oil-based drillingfluids. This incorporation by referencewas approved by the Director of theFederal Register in accordance with 5U.S.C. 552(a) and 1 CFR part 51. Copiesmay be obtained from the AmericanSociety for Testing and Materials, 1916Race Street, Philadelphia, PA 19103.Copies may be inspected at the Officeof the Federal Register, 800 North Cap-itol Street, NW., Suite 700, Washing-ton, DC. A copy may also be inspectedat EPA’s Water Docket; Room M2616,401 M Street SW., Washington, DC20460.

(i) The term domestic waste shall referto materials discharged from sinks,showers, laundries, safety showers,eye-wash stations, hand-wash stations,fish cleaning stations, and galleys lo-cated within facilities subject to thissubpart.

(j) The term drill cuttings shall referto the particles generated by drillinginto subsurface geologic formationsand carried to the surface with thedrilling fluid.

(k) The term drilling fluid refers tothe circulating fluid (mud) used in therotary drilling of wells to clean andcondition the hole and to counter-balance formation pressure. The fourclasses of drilling fluids are:

(1) A water-based drilling fluid haswater as the continuous phase and thesuspending medium for solids, whetheror not oil is present.

(2) An oil-based drilling fluid has die-sel oil, mineral oil, or some other oil,


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40 CFR Ch. I (7–1–97 Edition)§ 435.41

but neither a synthetic material norenhanced mineral oil, as its continuousphase with water as the dispersedphase.

(3) An enhanced mineral oil-baseddrilling fluid has an enhanced mineraloil as its continuous phase with wateras the dispersed phase.

(4) A synthetic-based drilling fluidhas a synthetic material as its continu-ous phase with water as the dispersedphase.

(l) The term enhanced mineral oil asapplied to enhanced mineral oil-baseddrilling fluid means a petroleum dis-tillate which has been highly purifiedand is distinguished from diesel oil andconventional mineral oil in having alower polycyclic aromatic hydrocarbon(PAH) content. Typically, conventionalmineral oils have a PAH content on theorder of 0.35 weight percent expressedas phenanthrene, whereas enhancedmineral oils typically have a PAH con-tent of 0.001 or lower weight percentPAH expressed as phenanthrene.

(m) The term exploratory facility shallmean any fixed or mobile structuresubject to this subpart that is engagedin the drilling of wells to determine thenature of potential hydrocarbon res-ervoirs.

(n) The term garbage means all kindsof victual, domestic, and operationalwaste, excluding fresh fish and partsthereof, generated during the normaloperation of coastal oil and gas facilityand liable to be disposed of continu-ously or periodically, except dishwater,graywater, and those substances thatare defined or listed in other Annexesto MARPOL 73/78. A copy of MARPOLmay be inspected at EPA’s WaterDocket; Room M2616, 401 M Street SW,Washington, DC 20460.

(o) The term maximum as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallmean the maximum concentration al-lowed as measured in any single sampleof the barite.

(p) The term maximum for any one dayas applied to BPT, BCT and BAT efflu-ent limitations and NSPS for oil andgrease in produced water shall meanthe maximum concentration allowed asmeasured by the average of four grabsamples collected over a 24-hour periodthat are analyzed separately. Alter-

natively, for BAT and NSPS, the maxi-mum concentration allowed may be de-termined on the basis of physical com-position of the four grab samples priorto a single analysis.

(q) The term minimum as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallmean the minimum 96-hour LC50 valueallowed as measured in any single sam-ple of the discharged waste stream. Theterm minimum as applied to BPT andBCT effluent limitations and NSPS forsanitary wastes shall mean the mini-mum concentration value allowed asmeasured in any single sample of thedischarged waste stream.

(r) The term M9IM shall mean thosecoastal facilities continuously mannedby nine (9) or fewer persons or onlyintermittently manned by any numberof persons.

(s) The term M10 shall mean thosecoastal facilities continuously mannedby ten (10) or more persons.

(t)(1) The term new source means anyfacility or activity of this subcategorythat meets the definition of ‘‘newsource’’ under 40 CFR 122.2 and meetsthe criteria for determination of newsources under 40 CFR 122.29(b) appliedconsistently with all of the followingdefinitions:

(i) The term water area as used in theterm ‘‘site’’ in 40 CFR 122.29 and 122.2shall mean the water area and waterbody floor beneath any exploratory, de-velopment, or production facilitywhere such facility is conducting itsexploratory, development or produc-tion activities.

(ii) The term significant site prepara-tion work as used in 40 CFR 122.29 shallmean the process of surveying, clearingor preparing an area of the water bodyfloor for the purpose of constructing orplacing a development or productionfacility on or over the site.

(2) ‘‘New Source’’ does not include fa-cilities covered by an existing NPDESpermit immediately prior to the effec-tive date of these guidelines pendingEPA issuance of a new source NPDESpermit.

(u) The term no discharge of free oilshall mean that waste streams may notbe discharged when they would cause afilm or sheen upon or a discoloration ofthe surface of the receiving water or


247


fail the static sheen test defined in ap-pendix 1 to 40 CFR part 435, subpart A.

(v) The term produced sand shall referto slurried particles used in hydraulicfracturing, the accumulated formationsands and scales particles generatedduring production. Produced sand alsoincludes desander discharge from theproduced water waste stream, andblowdown of the water phase from theproduced water treating system.

(w) The term produced water shallrefer to the water (brine) brought upfrom the hydrocarbon-bearing strataduring the extraction of oil and gas,and can include formation water, injec-tion water, and any chemicals addeddownhole or during the oil/water sepa-ration process.

(x) The term production facility shallmean any fixed or mobile structuresubject to this subpart that is eitherengaged in well completion or used foractive recovery of hydrocarbons fromproducing formations. It includes fa-cilities that are engaged in hydro-carbon fluids separation even if locatedseparately from wellheads.

(y) The term sanitary waste shallrefer to human body waste dischargedfrom toilets and urinals located withinfacilities subject to this subpart.

(z) The term static sheen test shallrefer to the standard test procedurethat has been developed for this indus-trial subcategory for the purpose ofdemonstrating compliance with the re-quirement of no discharge of free oil.The methodology for performing thestatic sheen test is presented in appen-dix 1 to 40 CFR part 435, subpart A.

(aa) The term synthetic material as ap-plied to synthetic-based drilling fluidmeans material produced by the reac-tion of specific purified chemical feed-stock, as opposed to the traditionalbase fluids such as diesel and mineraloil which are derived from crude oilsolely through physical separationprocesses. Physical separation proc-esses include fractionation and distilla-tion and/or minor chemical reactionssuch as cracking and hydro processing.Since they are synthesized by the reac-tion of purified compounds, syntheticmaterials suitable for use in drillingfluids are typically free of polycyclicaromatic hydrocarbons (PAH’s) but aresometimes found to contain levels of

PAH up to 0.001 weight percent PAHexpressed as phenanthrene. Poly(alphaolefins) and vegetable esters are twoexamples of synthetic used by the oiland gas extraction industry in formu-lating drilling fluids. Poly(alphaolefins) are synthesized from the po-lymerization (dimerization,trimerization, tetramerization, andhigher oligomerization) of purifiedstraight-chain hydrocarbons such asC6–C14 alpha olefins. Vegetable estersare synthesized from the acid-cata-lyzed esterification of vegetable fattyacids with various alcohols. The men-tion of these two branches of syntheticfluid base materials is to provide exam-ples, and is not meant to exclude othersynthetic materials that are either incurrent use or may be used in the fu-ture. A synthetic-based drilling fluidmay include a combination of syn-thetic materials.

(bb) The term toxicity as applied toBAT effluent limitations and NSPS fordrilling fluids and drill cuttings shallrefer to the bioassay test procedurepresented in appendix 2 of 40 CFR part435, subpart A.

(cc) The term well completion fluidsshall refer to salt solutions, weightedbrines, polymers, and various additivesused to prevent damage to the wellbore during operations which preparethe drilled well for hydrocarbon pro-duction.

(dd) The term well treatment fluidsshall refer to any fluid used to restoreor improve productivity by chemicallyor physically altering hydrocarbon-bearing strata after a well has beendrilled.

(ee) The term workover fluids shallrefer to salt solutions, weighted brines,polymers, or other specialty additivesused in a producing well to allow formaintenance, repair or abandonmentprocedures.

(ff) The term 96-hour LC50 shall referto the concentration (parts per million)or percent of the suspended particulatephase (SPP) from a sample that is le-thal to 50 percent of the test organismsexposed to that concentration of theSPP after 96 hours of constant expo-sure.

[61 FR 66125, Dec. 16, 1996; 62 FR 1681, Jan. 13,1997]


248

40 CFR Ch. I (7–1–97 Edition)§ 435.42

§ 435.42 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available(BPT).

Except as provided in 40 CFR 125.30–125.32, any existing point source sub-

ject to this Subpart must achieve thefollowing effluent limitations rep-resenting the degree of effluent reduc-tion attainable by the application ofthe best practicable control technologycurrently available.

BPT EFFLUENT LIMITATIONS—OIL AND GREASE[In milligrams per liter]

Pollutant parameter waste source Maximum for any 1 dayAverage of values for30 consecutive days

shall not exceed

Residualchlorine

minimum forany 1 day

Produced water ....................................................................... 72 ................................. 48 ................................. NADeck drainage ......................................................................... (1) ................................. (1) ................................. NADrilling fluid .............................................................................. (1) ................................. (1) ................................. NADrill cuttings ............................................................................. (1) ................................. (1) ................................. NAWell treatment, workover, and completion fluids .................... (1) ................................. (1) ................................. NASanitary:

M10 ................................................................................... NA ................................ NA ................................ 2 1M9IM 3 .............................................................................. NA ................................ NA ................................ NADomestic 3 ........................................................................ NA ................................ NA ................................ NAProduced sand ................................................................. Zero discharge ............. Zero discharge ............. NA

1 No discharge of free oil.2 Minimum of 1 mg/l and maintained as close to this concentration as possible.3 There shall be no floating solids as a result of the discharge of these wastes.

§ 435.43 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available tech-nology economically achievable(BAT).


ject to this Subpart must achieve thefollowing effluent limitations rep-resenting the degree of effluent reduc-tion attainable by the application ofthe best available technology economi-cally achievable (BAT):

BAT EFFLUENT LIMITATIONS

Stream Pollutant parameter BAT effluent limitations

Produced Water:(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Oil & Grease ......................... The maximum for any one day shall not ex-

ceed 42 mg/l, and the 30-day average shallnot exceed 29 mg/l.

Drilling Fluids, Drill Cuttings, and DewateringEffluent: 1

(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Free Oil 2 ............................... No discharge.

Diesel Oil ............................... No discharge.Mercury ................................. 1 mg/kg dry weight maximum in the stock bar-

ite.Cadmium ............................... 3 mg/kg dry weight maximum in the stock bar-

ite.Toxicity .................................. Minimum 96-hour LC50 of the SPP shall be 3

percent by volume.4

Well Treatment, Workover and CompletionFluids:

(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Oil & Grease ......................... The maximum for any one day shall not ex-


Produced Sand .................................................. ................................................ No discharge.Deck Drainage ................................................... Free Oil 3 ............................... No discharge.


249


BAT EFFLUENT LIMITATIONS—Continued

Stream Pollutant parameter BAT effluent limitations

Domestic Waste ................................................. Foam ..................................... No discharge.

1 BAT limitations for dewatering effluent are applicable prospectively, BAT limitations in this rule are not applicable to dis-charges of dewatering effluent from reserve pits which as of the effective date of this rule no longer receive drilling fluids and drillcuttings. Limitations on such discharges shall be determined by the NPDES permit issuing authority.

2 As determined by the static sheen test (see appendix 1 to 40 CFR Part 435, subpart A).3 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen).4 As determined by the toxicity test (see appendix 2 of 40 CFR Part 435, subpart A).

[61 FR 66125, Dec. 16, 1996; 62 FR 1681, Jan. 13, 1997]

§ 435.44 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best conventional pollut-ant control technology (BCT).


ject to this Subpart must achieve thefollowing effluent limitations rep-resenting the degree of effluent reduc-tion attainable by the application ofthe best conventional pollutant controltechnology (BCT):

BCT EFFLUENT LIMITATIONS

Stream Pollutant parameter BCT effluent limitations

Produced Water (all facilities) .................. Oil & Grease ............................................ The maximum for any one day shall notexceed 72 mg/l and the 30-day aver-age shall not exceed 48 mg/l.

Drilling Fluids and Drill Cuttings andDewatering Effluent:1

All facilities except Cook Inlet ........... .................................................................. No discharge.Cook Inlet .......................................... Free Oil .................................................... No discharge.2

Well Treatment, Workover and Comple-tion Fluids.

Free Oil .................................................... No discharge.2

Produced Sand ......................................... .................................................................. No discharge.Deck Drainage .......................................... Free Oil .................................................... No discharge.3Sanitary Waste:

Sanitary M10 ..................................... Residual Chlorine .................................... Minimum of 1 mg/l maintained as closeto this concentration as possible.

Sanitary M91M .................................. Floating Solids ......................................... No discharge.Domestic Waste ....................................... Floating Solids and garbage ................... No discharge of Floating Solids or gar-

bage.

1 BCT limitations for dewatering effluent are applicable prospectively. BCT limitations in this rule are not applicable to dis-charges of dewatering effluent from reserve pits which as of the effective date of this rule no longer receive drilling fluids and drillcuttings. Limitations on such discharges shall be determined by the NPDES permit issuing authority.

2 As determined by the static sheen test (see appendix 1 to 40 CFR part 435, subpart A).3 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen).

[61 FR 66125, Dec. 16, 1996; 62 FR 1682, Jan. 13, 1997]

§ 435.45 Standards of performance fornew sources (NSPS).

Any new source subject to this sub-part must achieve the following newsource performance standards (NSPS):

NSPS EFFLUENT LIMITATIONS

Stream Pollutant parameter NSPS effluent limitations

Produced Water:(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Oil & Grease ......................... The maximum for any one day shall not ex-


Drilling Fluids, Drill Cuttings, and DewateringEffluent: 1

(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Free Oil 2 ............................... No discharge.


250

40 CFR Ch. I (7–1–97 Edition)§ 435.46

NSPS EFFLUENT LIMITATIONS—Continued

Stream Pollutant parameter NSPS effluent limitations

Diesel Oil ............................... No discharge.Mercury ................................. 1 mg/kg dry weight maximum in the stock bar-

ite.Cadmium ............................... 3 mg/kg dry weight maximum in the stock bar-

ite.Toxicity .................................. Minimum 96-hour LC50 of the SPP shall be 3

percent by volume.4Well Treatment, Workover and Completion

Fluids:(A) All coastal areas except Cook Inlet ...... ................................................ No discharge.(B) Cook Inlet .............................................. Oil & Grease ......................... The maximum for any one day shall not ex-


Produced Sand .................................................. ................................................ No discharge.Deck Drainage ................................................... Free Oil 3 ............................... No discharge.Sanitary Waste

Sanitary M10 ............................................... Residual Chlorine .................. Minimum of 1 mg/l and maintained as close tothis concentration as possible.

Sanitary M9IM ............................................. Floating Solids ....................... No discharge.Domestic Waste ................................................. Floating Solids, Garbage and

Foam.No discharge of floating solids or garbage or

foam.

1 NSPS limitations for dewatering effluent are applicable prospectively. NSPS limitations in this rule are not applicable to dis-charges of dewatering effluent from reserve pits which as of the effective date of this rule no longer receive drilling fluids and drillcuttings. Limitations on such discharges shall be determined by the NPDES permit issuing authority.

2 As determined by the static sheen test (see appendix 1 to 40 CFR Part 435, subpart A).3 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen).4 As determined by the toxicity test (see appendix 2 of 40 CFR Part 435, subpart A).

[61 FR 66125, Dec. 16, 1996; 62 FR 1682, Jan. 13, 1997]

§ 435.46 Pretreatment standards ofperformance for existing sources(PSES).

Except as provided in 40 CFR 403.7and 403.13, any existing source with dis-charges subject to this subpart that in-troduces pollutants into a publiclyowned treatment works must complywith 40 CFR part 403 and achieve thefollowing pretreatment standards forexisting sources (PSES).

PSES EFFLUENT LIMITATIONS

Stream Pollutant pa-rameter

PSES effluent limi-tations

Produced Water ........... ..................... No discharge.Drilling Fluids and Drill

Cuttings Well Treat-ment.

Workover and Comple-tion Fluids.

..................... No discharge.

Produced Sand ............ ..................... No discharge.Deck Drainage ............. ..................... No discharge.

§ 435.47 Pretreatment standards ofperformance for new sources(PSNS).

Except as provided in 40 CFR 403.7and 403.13, any new source with dis-charges subject to this subpart that in-troduces pollutants into a publiclyowned treatment works must comply

with 40 CFR part 403 and achieve thefollowing pretreatment standards fornew sources (PSNS).

PSNS EFFLUENT LIMITATIONS

Stream Pollutantparameter

PSNS effluent limi-tations

Produced Water(all facilities).

.............................. No discharge.

Drilling fluids andDrill Cuttings.

.............................. No discharge.

Well Treatment,Workover andCompletionFluids.

.............................. No discharge.

Produced Sand ..... .............................. No discharge.Deck Drainage ...... .............................. No discharge.

Subpart E—Agricultural andWildlife Water Use Subcategory

§ 435.50 Applicability; description ofthe beneficial use subcategory.

The provisions of this subpart are ap-plicable to those onshore facilities lo-cated in the continental United Statesand west of the 98th meridian for whichthe produced water has a use in agri-culture or wildlife propagation whendischarged into navigable waters.These facilities are engaged in the pro-duction, drilling, well completion, and


251


well treatment in the oil and gas ex-traction industry.


eral definitions, abbreviations, andmethods of analysis set forth in 40 CFRpart 401 shall apply to this subpart.

(b) The term ‘‘onshore’’ shall meanall land areas landward of the terri-torial seas as defined in 40 CFR125.1(gg).

(c) The term ‘‘use in agricultural orwildlife propagation’’ means that theproduced water is of good enough qual-ity to be used for wildlife or livestockwatering or other agricultural uses andthat the produced water is actually putto such use during periods of discharge.

§ 435.52 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

Except as provided in §§ 125.30through 125.32, any existing pointsource subject to this subpart shallachieve the following effluent limita-tions representing the degree of efflu-ent reduction attainable by the appli-cation of the best practicable controltechnology currently available (BPT):

(a) There shall be no discharge ofwaste pollutants into navigable watersfrom any source (other than producedwater) associated with production,field exploration, drilling, well comple-tion, or well treatment (i.e., drillingmuds, drill cuttings, and producedsands).

(b) Produced water discharges shallnot exceed the following daily maxi-mum limitation:

Effluent characteristics: Effluent limita-tion (mg/l).

Oil and Grease: 35.

[44 FR 22075, Apr. 13, 1979, as amended at 60FR 33967, June 29, 1995]

Subpart F—Stripper Subcategory§ 435.60 Applicability; description of

the stripper subcategory.The provisions of this subpart are ap-

plicable to those onshore facilitieswhich produce 10 barrels per well per

calendar day or less of crude oil andwhich are operating at the maximumfeasible rate of production and in ac-cordance with recognized conservationpractices. These facilities are engagedin production, and well treatment inthe oil and gas extraction industry.

§ 435.61 Specialized definitions.

For the purpose of this subpart:(a) Except as provided below, the gen-

eral definitions, abbreviations, andmethods of analysis set forth in 40 CFRpart 401 shall apply to this subpart.

(b) The term ‘‘onshore’’ shall meanall land areas landward of the innerboundary of the territorial seas as de-fined in 40 CFR 125.1(gg).

(c) The term ‘‘well’’ shall meanscrude oil producing wells and shall notinclude gas wells or wells injectingwater for disposal or for enchanced re-covery of oil or gas.

(d) The term ‘‘gas well’’ shall meanany well which produces natural gas ina ratio to the petroleum liquids pro-duced greater than 15,000 cubic feet ofgas per 1 barrel (42 gallons) of petro-leum liquids.

Subpart G—General Provisions

SOURCE: 61 FR 66129, Dec. 16, 1996, unlessotherwise noted.

§ 435.70 Applicability.(a) Purpose. This subpart is intended

to prevent oil and gas facilities, forwhich effluent limitations guidelinesand standards, new source performancestandards, or pretreatment standardshave been promulgated under this part,from circumventing the effluent limi-tations guidelines and standards appli-cable to those facilities by moving ef-fluent produced in one subcategory toanother subcategory for disposal underless stringent requirements than in-tended by this part.

(b) Applicability. The effluent limita-tions and standards applicable to an oiland gas facility shall be determined asfollows:

(1) An Oil and Gas facility, operator,or its agent or contractor may moveits wastewaters from a facility locatedin one subcategory to another sub-category for treatment and return it to


252

40 CFR Ch. I (7–1–97 Edition)Pt. 436

a location covered by the original sub-category for disposal. In such case, theeffluent limitations guidelines, newsource performance standards, orpretreatment standards for the originalsubcategory apply.

(2) An Oil and Gas facility, operator,or its agent or contractor may moveits wastewaters from a facility locatedin one subcategory to another sub-category for disposal or treatment anddisposal, provided:

(i) If an Oil and Gas facility, operatoror its agent or contractor moveswastewaters from a wellhead located inone subcategory to another sub-category where oil and gas facilitiesare governed by less stringent effluentlimitations guidelines, new source per-formance standards, or pretreatmentstandards, the more stringent effluentlimitations guidelines, new source per-formance standards, or pretreatmentstandards applicable to the sub-category where the wellhead is locatedshall apply.

(ii) If an Oil and Gas facility, opera-tor or its agent moves effluent from awellhead located in one subcategory toanother subcategory where oil and gasfacilities are governed by more strin-gent effluent limitations guidelines,new source performance standards, orpretreatment standards, the morestringent effluent limitations guide-lines, new source performance stand-ards, or pretreatment standards appli-cable at the point of discharge shallapply.

PART 436—MINERAL MINING ANDPROCESSING POINT SOURCECATEGORY

Subpart A—Dimension Stone Subcategory[Reserved]

Subpart B—Crushed Stone Subcategory

Sec.436.20 Applicability; description of the

crushed stone subcategory.436.21 Specialized definitions.436.22 Effluent limitations guidelines rep-


Subpart C—Construction Sand and GravelSubcategory

436.30 Applicability; description of the con-struction sand and gravel subcategory.



Subpart D—Industrial Sand Subcategory

436.40 Applicability; description of the in-dustrial sand subcategory.



Subpart E—Gypsum Subcategory

436.50 Applicability; description of the gyp-sum subcategory.



Subpart F—Asphaltic Mineral Subcategory

436.60 Applicability; description of the as-phaltic mineral subcategory.



Subpart G—Asbestos and WollastoniteSubcategory

436.70 Applicability; description of the as-bestos and wollastonite subcategory.



Subpart H—Lightweight AggregatesSubcategory [Reserved]

Subpart I—Mica and Sericite Subcategory[Reserved]

Subpart J—Barite Subcategory

436.100 Applicability; description of the bar-ite subcategory.


subpart a—offshore subcategorylegismex.mty.itesm.mx/secc_inter/40cfr/40cfrpart435.pdf ·...

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