Purpose

Public concern as to the possible toxicity of E&P waste and the possible impact on the public and environment warranted a new look at E&P waste generation, transportation and disposal in the State of Louisiana. Hence, the E&P waste testing emergency rules, in aggregate, were implemented as required for protection of the public and environment and to provide the basis for best E&P waste management practices to be incorporated into a revised permanent rule.

Effective Dates

(Full Text of the Rules)

The initial (first) Emergency Rule became effective on May 1, 1998 and remained in effect for a period of 120 days until August 28, 1998.

Commissioner Philip N. Asprodites signed a second emergency rule dated August 24, 1998 which went into effect August 29, 1998 and extended the first waste testing rule through September 30, 1998.

Commissioner Philip N. Asprodites adopted a third E&P emergency rule, which went into effect October 1, 1998.

Commissioner Philip N. Asprodites adopted a fourth E&P emergency rule, which went into effect January 29, 1999.

Commissioner Philip N. Asprodites adopted a fifth E&P emergency rule, which went into effect May 29, 1999.

Commissioner Philip N. Asprodites adopted a sixth E&P emergency rule, which went into effect September 26, 1999.

Commissioner Philip N. Asprodites adopted a seventh E&P emergency rule, which went into effect January 24, 2000.

Commissioner Philip N. Asprodites adopted an eighth E&P emergency rule, which went into effect May 23, 2000.

Commissioner Philip N. Asprodites adopted an ninth E&P emergency rule, which went into effect September 20, 2000.

Commissioner Philip N. Asprodites adopted an tenth E&P emergency rule, which went into effect January 18, 2001.

Commissioner Philip N. Asprodites adopted an eleventh E&P emergency rule, which went into effect May 18, 2001.

Commissioner Philip N. Asprodites adopted an twelfth E&P emergency rule, which went into effect September 14, 2001.

All documents described above are in Adobe Acrobat 3.0 (PDF) format

Summary of Rules

General

The initial (first) emergency rule was issued by the Louisiana Office of Conservation to require comprehensive analytical testing (waste characterization) of E&P wastes transported offsite to a Louisiana commercial transfer, storage, treatment, or disposal facility. Sampling of waste was to be performed at the site of generation. The rule also required verification testing at the receiving commercial facility. The second emergency rule continued the testing requirements for an additional 30 days.

Upon expiration of the second emergency rule, it was determined that an adequate quantity of waste characterization data had been generated, therefore waste characterization analytical testing was no longer required. However, the requirement to test waste shipments received by Louisiana commercial facilities continued in subsequent emergency rules to assure consistency with evolving E&P waste profiles.

In order to maintain public confidence in the ongoing testing program, when the Second Emergency Rule expired, the Office of Conservation determined that it was necessary to continue the verification testing of each waste load received by commercial facilities. Therefore, a third Emergency Rule was issued in September 1998 (effective through January 1999), that required continued verification tests (or "sniffer testing") to detect levels of benzene and/or hydrogen sulfide in each load of E&P waste taken into a commercial disposal facility. Profiling of waste types using TCLP protocols was no longer required.

With the issuance of the fourth Emergency Rule in January 1999, OC determined that it was appropriate to set requirements on handling of produced salt water and pipeline test water by requiring that these fluids be contained in a closed system and then be injected into a Class II injection well(s) at the commercial disposal facility. Such handling and disposal should minimize exposure to the public with respect to benzene levels in E&P waste.

Statewide Order No. 29-B was not amended by the time the fourth emergency rule ended. Therefore, a fifth Emergency Rule was issued on May 29, 1999, effective through September 1999 or until a permanent rule is promulgated. This rule continues the requirements of the fourth Emergency Rule on the handling of produced saltwater and pipeline test water. The rule discontinued the requirement for commercial facilities to identify the color, turbidity and viscosity of incoming waste.

Testing Batch

* A testing batch was an accumulation or mixture of E&P wastes generated in association with E&P operations and temporarily stored in a container at the site of generation.

* A testing batch could have been stored in one or more containers. Each container of a testing batch transported offsite was a shipping unit.

* Before a testing batch or initial shipping unit was transported offsite to a commercial facility, the waste was required to be sampled for tests at an independent laboratory not owned by the operator.

Exception: The operator could perform Procedure A instead of an independent laboratory.

* Once sampled, if an E&P waste was added to a container, the waste was required to be resampled and tested.

Exception: Each drilling mud system was only required to be tested once when a depth below the surface casing was reached. If the mud system materially changed, resampling and testing was required.

Exception: Waste could continue to be added to production tanks and process vessels after a sample was taken.

* Each testing batch required testing using the procedures for each waste listed in the Table type shown in B.2.n.iii.

Exception: If the waste was generated and transported from out-of-state to a commercial facility, except offshore Louisiana (state and federal waters), all testing procedures (A-D) were required to be performed.

Exception: Though defined as an E&P waste, salvageable crude oil being transported to an oil reclaimer was exempt from testing. If transported to a disposer, testing was required.

* Special Provision: If a testing batch was composed of more than one E&P waste type, the testing procedure applicable to all types of wastes in the batch was required.

* Each procedure required a test for certain constituents as shown in B.2.n.ii.

* All tests were required to conform with specific Laboratory Procedures under B.6.d.

Testing Locations and Reporting

* A sample of the testing batch was required to be taken at the site of generation and shipped to the laboratory.

* The Operator was required to fill out the top portion (general information) of Form UIC-35 for each testing batch and to indicate the waste type/description.

* The testing batch number was the number of the initial UIC-28 manifest form and was required to be placed on each manifested waste shipping unit.

* Procedure A in B.2.n.iii was required to be performed by the operator with results recorded in Form UIC-35.

* The operator was required to sign the UIC-35 in the appropriate location.

* When completed by the operator, Form UIC-35 was required to accompany the initial shipping unit to the commercial facility.

* When a shipment (shipping unit) of E&P waste originated from the same testing batch, the testing batch number was required to be placed on the upper left hand corner of Form UIC-28 (under the form number) using a sequential numbering system. For the last shipment of a testing batch, the word "end" must be entered after the last shipping unit number (e.g., "5 END")

Example: A single testing batch requires 3 truckloads for shipment. The initial UIC-28 manifest number (upper right side) is 7654321. The testing batch number for UIC-35 is 7654321. On the upper left of the first UIC-28, 7654321-1 would have been entered. On the second UIC-28, 7654321-2 would be entered. On the third and final shipment, 7654321-3 END would have been entered.

* The lab test data was required to be received from the lab by both the generator and the commercial facility within 30 days of the first shipment.

* The generator, commercial facility operator, or laboratory was required to submit the test results to the Office of Conservation within 30 days of the first shipment. (Note: the operator must reach an agreement on which of these three parties will submit the information.) The information was required to be transmitted in ASCII comma delimited format by either e-mail or on a 3 ½-inch disk. If the report could not be submitted in electronic format, the generator was required to contact the Office of Conservation.

Exemptions/Alternatives

* The Office of Conservation could authorize alternative sampling and testing protocols. The generator was required to request an alternative in writing and receipt of written authorization was required before initiating the alternative.

* A generator could elect to sample a waste stream at a shore base in lieu of a platform.

* A testing batch containing no more than 5 barrels was exempt from the Procedure B, C, and D tests. Note: Procedure A was still required to be completed.

* All drilling wastes generated during the drilling of the surface hole were exempt from the generator testing requirements.

* Produced water, produced formation fresh water, and other E&P waste fluids were exempt from the generator testing requirements under the following conditions:

1. If stored and transported in enclosed tank trucks, barges, or other enclosed containers; and,
2. If stored in an enclosed container at a commercial facility: and,
3. If disposed by deep well injection.

* E&P wastes that were shipped out of state without first going to a "commercial facility" in Louisiana were exempt from the testing requirements.

Form UIC-35

Form UIC-35 is available on this Web site as follows:

• Download a copy of Form UIC-35 in WordPerfect 6/7/8 format
• Download a copy of Form UIC-35 in Adobe Acrobat 3.0 (PDF) format

UIC-35 Sample, Comma-Delimited Electronic Format

A sample format used in electronic submission of Form UIC-35 data to DNR is available in WordPerfect 6/7/8 format. Download sample Form UIC-35 electronic layout (in WordPerfect format) - Temporarily unavailable.

UIC-35 Analytical Results (E&P Waste Testing)

The following information represents raw data for E&P wastes tested under the first and second emergency rules as sent to the DNR database via electronic submission. DNR does not represent, warrant or endorse the accuracy or reliability of any information displayed herein or by any information provider or any other person or entity. Subscriber acknowledges that any reliance upon any such information shall be at Subscriber's sole risk and DNR will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the following:

• UIC-35 data in Adobe Acrobat 3.0 (PDF) format (10/22/98)
• UIC-35 data in Microsoft Excel spreadsheet format (10/22/98)

Most Frequently Asked Questions

The following questions were frequently asked during the effective dates of the first and second emergency rules (May 1, 1998 - September 30, 1998):

1. Q - When does the 120-day period begin? February 27, 1998 or May 1, 1998?

A - The 120-day period begins on May 1, 1998.

2. Q - Does the definition of "drilling waste" include wastes such as rig wash water?

A - Yes, the definition includes all those RCRA exempt E&P waste streams that are generated during the drilling of wells.

3. Q - The E&P waste definition includes "salvageable crude oil" (code 50) but it does not appear in the table in 129.B.2.n.iii. Does this mean that "salvageable crude oil" does not have to be tested?

A - Salvageable crude oil destined for a salvageable crude oil facility does not have to be tested.

4. Q - In subsection 129.B.2.n.vi., the term "drilling fluids and cuttings" is used instead of the defined term "drilling waste". Does the Office of Conservation intend a difference between these two terms as they apply to this subsection?

A - No. The two terms are intended to be synonymous.

5. Q - There appears to be a conflict in Subsection 129.M.5.ii.(e). How can a commercial site submit the completed UIC-35 within 7 days of receipt of the last testing batch if it has not received the test results yet from the generator (30 days)? For a single shipment testing batch, the 7-day requirement would expire before the 30-day submittal period.

A - This is a discrepancy in the rule at present. The Office of Conservation plans to interpret this as "within 7 days of receipt of the last testing batch or from receipt from the generator of the lab report, whichever is later."

6. Q - Can an offshore operator sample their waste stream at their shorebase and not at the platform of generation? Is there a need to receive prior approval from the Office of Conservation?

A - Yes. A generator may elect to sample the waste at the shorebase in lieu of the platform. The generator should specifically request and receive approval from the Office of Conservation.

7. Q - If an offshore operator generates an E&P waste stream, transports it to their own shorebase, and then ships it directly to an out of state facility, does the waste have to be tested?

A - No. Since the waste is never sent to a "commercial facility" in LA, it does not have to be tested. If the waste is sent to a commercial transfer facility in LA, however, the waste stream will have to be tested according to the rule.

8. Q - Does E&P Waste contaminated with NORM have to be tested?

A - Yes, the requirements to test E&P waste containing NORM is no different than any other E&P waste stream. Since E&P NORM waste is often sent to "cleaning" facilities to remove the waste from the equipment, the point of generation is the cleaning facility. If the cleaning facility is considered the "waste generator", the cleaning facility is responsible for the testing and completion of UIC-35. If the waste is returned to the originating company, the company is considered the "waste generator" and is responsible for the testing and completion of UIC-35. The DEQ requirements for NORM wastes are not altered by this emergency rule.

9. Q - Does rainwater in ring levees, pit water on top of reserve pits, and flow-back water stored in a flare pit have to be tested prior to hauling to a commercial facility?

A - Not if transported in enclosed containers, stored in enclosed containers at the commercial facility, and deep well injected.

10. Q - Are solids required to be tested for specific gravity?

A - No. Only E&P waste liquids (can be poured) will be required to be tested for specific gravity?

11. Q - Can operators continue to use the old Form UIC-28 (Nonhazardous Oilfield Waste Shipping Control Ticket)?

A - Yes. Except for the name and a few minor changes, the new Form UIC-28 (Exploration and Production Waste Shipping Control Ticket) is the same as the old form and may be used to document transportation of E&P waste to a commercial facility.

Questions or More Information

If you have other questions about the Emergency Rule, please contact Mr. Carroll Wascom, Director, Injection and Mining Division at 225/342-5527 or Mr. Gary Snellgrove, head of the IMD E&P Waste Management Section, at 225/219-4548.

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