[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR435.11]
[Page 298-302]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY--Table of Contents
Subpart A--Offshore Subcategory
Sec. 435.11 Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations
and methods of analysis set forth in 40 CFR part 401 shall apply to this
subpart.
(b) Average of daily values for 30 consecutive days means the
average of the daily values obtained during any 30 consecutive day
period.
(c) Base fluid means the continuous phase or suspending medium of a
drilling fluid formulation.
(d) Base fluid retained on cuttings as applied to BAT effluent
limitations and NSPS refers to the American Petroleum Institute
Recommended Practice 13B-2 supplemented with the specifications,
sampling methods, and averaging method for retention values provided in
Appendix 7 of Subpart A of this part.
(e) Biodegradation rate as applied to BAT effluent limitations and
NSPS for drilling fluids and drill cuttings refers to the ISO 11734:1995
method: ``Water quality--Evaluation of the `ultimate' anaerobic
biodegradability of organic compounds in digested sludge--Method by
measurement of the biogas production (1995 edition)'' supplemented with
modifications in Appendix 4 of 40 CFR part 435, subpart A. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the American National Standards Institute, 11 West
42nd Street, 13th Floor, New York, NY 10036. Copies may be inspected at
the Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. A copy may also be inspected at EPA's Water Docket,
401 M Street SW., Washington, DC 20460.
(f) Daily values as applied to produced water effluent limitations
and NSPS means the daily measurements used to assess compliance with the
maximum for any one day.
(g) Deck drainage means any waste resulting from deck washings,
spillage, rainwater, and runoff from gutters and drains including drip
pans and work areas within facilities subject to this Subpart.
(h) Development facility means any fixed or mobile structure subject
to this subpart that is engaged in the drilling of productive wells.
(i) Diesel oil refers to the grade of distillate fuel oil, as
specified in the American Society for Testing and Materials Standard
Specification for Diesel Fuel Oils D975-91, that is typically used as
the continuous phase in conventional oil-based drilling fluids. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be inspected
at the
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Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. A copy may also be inspected at EPA's Water Docket,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
(j) Domestic waste means materials discharged from sinks, showers,
laundries, safety showers, eye-wash stations, hand-wash stations, fish
cleaning stations, and galleys located within facilities subject to this
Subpart.
(k) Drill cuttings means the particles generated by drilling into
subsurface geologic formations and carried out from the wellbore with
the drilling fluid. Examples of drill cuttings include small pieces of
rock varying in size and texture from fine silt to gravel. Drill
cuttings are generally generated from solids control equipment and
settle out and accumulate in quiescent areas in the solids control
equipment or other equipment processing drilling fluid (i.e.,
accumulated solids).
(1) Wet drill cuttings means the unaltered drill cuttings and
adhering drilling fluid and formation oil carried out from the wellbore
with the drilling fluid.
(2) Dry drill cuttings means the residue remaining in the retort
vessel after completing the retort procedure specified in appendix 7 of
subpart A of this part.
(l) Drilling fluid means the circulating fluid (mud) used in the
rotary drilling of wells to clean and condition the hole and to
counterbalance formation pressure. Classes of drilling fluids are:
(1) Water-based drilling fluid means the continuous phase and
suspending medium for solids is a water-miscible fluid, regardless of
the presence of oil.
(2) Non-aqueous drilling fluid means the continuous phase and
suspending medium for solids is a water-immiscible fluid, such as
oleaginous materials (e.g., mineral oil, enhanced mineral oil,
paraffinic oil, C16-C18 internal olefins, and
C8-C16 fatty acid/2-ethylhexyl esters).
(i) Oil-based means the continuous phase of the drilling fluid
consists of diesel oil, mineral oil, or some other oil, but contains no
synthetic material or enhanced mineral oil.
(ii) Enhanced mineral oil-based means the continuous phase of the
drilling fluid is enhanced mineral oil.
(iii) Synthetic-based means the continuous phase of the drilling
fluid is a synthetic material or a combination of synthetic materials.
(m) Enhanced mineral oil as applied to enhanced mineral oil-based
drilling fluid means a petroleum distillate which has been highly
purified and is distinguished from diesel oil and conventional mineral
oil in having a lower polycyclic aromatic hydrocarbon (PAH) content.
Typically, conventional mineral oils have a PAH content on the order of
0.35 weight percent expressed as phenanthrene, whereas enhanced mineral
oils typically have a PAH content of 0.001 or lower weight percent PAH
expressed as phenanthrene.
(n) Exploratory facility means any fixed or mobile structure subject
to this Subpart that is engaged in the drilling of wells to determine
the nature of potential hydrocarbon reservoirs.
(o) Formation oil means the oil from a producing formation which is
detected in the drilling fluid, as determined by the GC/MS compliance
assurance method specified in appendix 5 of subpart A of this part when
the drilling fluid is analyzed before being shipped offshore, and as
determined by the RPE method specified in appendix 6 of subpart A of
this part when the drilling fluid is analyzed at the offshore point of
discharge. Detection of formation oil by the RPE method may be confirmed
by the GC/MS compliance assurance method, and the results of the GC/MS
compliance assurance method shall supercede those of the RPE method.
(p) M9IM means those offshore facilities continuously manned by nine
(9) or fewer persons or only intermittently manned by any number of
persons.
(q) M10 means those offshore facilities continuously manned by ten
(10) or more persons.
(r) Maximum as applied to BAT effluent limitations and NSPS for
drilling fluids and drill cuttings means the maximum concentration
allowed as measured in any single sample of the barite for determination
of cadmium and mercury content.
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(s) Maximum for any one day as applied to BPT, BCT and BAT effluent
limitations and NSPS for oil and grease in produced water means the
maximum concentration allowed as measured by the average of four grab
samples collected over a 24-hour period that are analyzed separately.
Alternatively, for BAT and NSPS the maximum concentration allowed may be
determined on the basis of physical composition of the four grab samples
prior to a single analysis.
(t) Maximum weighted mass ratio averaged over all NAF well sections
for BAT effluent limitations and NSPS for base fluid retained on
cuttings means the weighted average base fluid retention for all NAF
well sections as determined by the API Recommended Practice 13B-2, using
the methods and averaging calculations presented in Appendix 7 of
subpart A of this part.
(u) Method 1654A refers to Method 1654, Revision A, entitled ``PAH
Content of Oil by HPLC/UV,'' December 1992, which is published in
Methods for the Determination of Diesel, Mineral, and Crude Oils in
Offshore Oil and Gas Industry Discharges, EPA-821-R-92-008. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the National Technical Information Service,
Springfield, VA 22161, 703-605-6000. Copies may be inspected at the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. A copy may also be inspected at EPA's Water Docket,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
(v) Minimum as applied to BAT effluent limitations and NSPS for
drilling fluids and drill cuttings means the minimum 96-hour
LC50 value allowed as measured in any single sample of the
discharged waste stream. Minimum as applied to BPT and BCT effluent
limitations and NSPS for sanitary wastes means the minimum concentration
value allowed as measured in any single sample of the discharged waste
stream.
(w)(1) New source means any facility or activity of this subcategory
that meets the definition of ``new source'' under 40 CFR 122.2 and meets
the criteria for determination of new sources under 40 CFR 122.29(b)
applied consistently with all of the following definitions:
(i) Water area as used in ``site'' in 40 CFR 122.29 and 122.2 means
the water area and water body floor beneath any exploratory,
development, or production facility where such facility is conducting
its exploratory, development or production activities.
(ii) Significant site preparation work as used in 40 CFR 122.29
means the process of surveying, clearing or preparing an area of the
water body floor for the purpose of constructing or placing a
development or production facility on or over the site.
(2) ``New Source'' does not include facilities covered by an
existing NPDES permit immediately prior to the effective date of these
guidelines pending EPA issuance of a new source NPDES permit.
(x) No discharge of free oil means that waste streams may not be
discharged that contain free oil as evidenced by the monitoring method
specified for that particular stream, e.g., deck drainage or
miscellaneous discharges cannot be discharged when they would cause a
film or sheen upon or discoloration of the surface of the receiving
water; drilling fluids or cuttings may not be discharged when they fail
the static sheen test defined in Appendix 1 of subpart A of this part.
(y) Parameters that are regulated in this Subpart and listed with
approved methods of analysis in Table 1B at 40 CFR 136.3 are defined as
follows:
(1) Cadmium means total cadmium.
(2) Chlorine means total residual chlorine.
(3) Mercury means total mercury.
(4) Oil and Grease means total recoverable oil and grease.
(z) PAH (as phenanthrene) means polynuclear aromatic hydrocarbons
reported as phenanthrene.
(aa) Produced sand means the slurried particles used in hydraulic
fracturing, the accumulated formation sands and scales particles
generated during production. Produced sand also includes desander
discharge from the produced water waste stream, and blowdown of the
water phase from the produced water treating system.
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(bb) Produced water means the water (brine) brought up from the
hydrocarbon-bearing strata during the extraction of oil and gas, and can
include formation water, injection water, and any chemicals added
downhole or during the oil/water separation process.
(cc) Production facility means any fixed or mobile structure subject
to this Subpart that is either engaged in well completion or used for
active recovery of hydrocarbons from producing formations.
(dd) Sanitary waste means the human body waste discharged from
toilets and urinals located within facilities subject to this Subpart.
(ee) Sediment toxicity as applied to BAT effluent limitations and
NSPS for drilling fluids and drill cuttings refers to the ASTM E 1367-92
method: ``Standard Guide for Conducting 10-day Static Sediment Toxicity
Tests with Marine and Estuarine Amphipods,'' 1992, with Leptocheirus
plumulosus as the test organism and sediment preparation procedures
specified in Appendix 3 of 40 CFR part 435, subpart A. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA, 19428. Copies may be inspected
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. A copy may also be inspected at EPA's Water
Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ff) Solids control equipment means shale shakers, centrifuges, mud
cleaners, and other equipment used to separate drill cuttings and/or
stock barite solids from drilling fluid recovered from the wellbore.
(gg) SPP toxicity as applied to BAT effluent limitations and NSPS
for drilling fluids and drill cuttings refers to the bioassay test
procedure presented in Appendix 2 of subpart A of this part.
(hh) Static sheen test means the standard test procedure that has
been developed for this industrial subcategory for the purpose of
demonstrating compliance with the requirement of no discharge of free
oil. The methodology for performing the static sheen test is presented
in Appendix 1 of subpart A of this part.
(ii) Stock barite means the barite that was used to formulate a
drilling fluid.
(jj) Stock base fluid means the base fluid that was used to
formulate a drilling fluid.
(kk) Synthetic material as applied to synthetic-based drilling fluid
means material produced by the reaction of specific purified chemical
feedstock, as opposed to the traditional base fluids such as diesel and
mineral oil which are derived from crude oil solely through physical
separation processes. Physical separation processes include
fractionation and distillation and/or minor chemical reactions such as
cracking and hydro processing. Since they are synthesized by the
reaction of purified compounds, synthetic materials suitable for use in
drilling fluids are typically free of polycyclic aromatic hydrocarbons
(PAH's) but are sometimes found to contain levels of PAH up to 0.001
weight percent PAH expressed as phenanthrene. Internal olefins and
vegetable esters are two examples of synthetic materials suitable for
use by the oil and gas extraction industry in formulating drilling
fluids. Internal olefins are synthesized from the isomerization of
purified straight-chain (linear) hydrocarbons such as C16-
C18 linear alpha olefins. C16-C18
linear alpha olefins are unsaturated hydrocarbons with the carbon to
carbon double bond in the terminal position. Internal olefins are
typically formed from heating linear alpha olefins with a catalyst. The
feed material for synthetic linear alpha olefins is typically purified
ethylene. Vegetable esters are synthesized from the acid-catalyzed
esterification of vegetable fatty acids with various alcohols. EPA
listed these two branches of synthetic fluid base materials to provide
examples, and EPA does not mean to exclude other synthetic materials
that are either in current use or may be used in the future. A
synthetic-based drilling fluid may include a combination of synthetic
materials.
(ll) Well completion fluids means salt solutions, weighted brines,
polymers, and various additives used to prevent
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damage to the well bore during operations which prepare the drilled well
for hydrocarbon production.
(mm) Well treatment fluids means any fluid used to restore or
improve productivity by chemically or physically altering hydrocarbon-
bearing strata after a well has been drilled.
(nn) Workover fluids means salt solutions, weighted brines,
polymers, or other specialty additives used in a producing well to allow
for maintenance, repair or abandonment procedures.
(oo) 4-day LC50 as applied to the sediment toxicity BAT
effluent limitations and NSPS means the concentration (milligrams/
kilogram dry sediment) of the drilling fluid in sediment that is lethal
to 50 percent of the Leptocheirus plumulosus test organisms exposed to
that concentration of the drilling fluids after four days of constant
exposure.
(pp) 10-day LC50 as applied to the sediment toxicity BAT
effluent limitations and NSPS means the concentration (milligrams/
kilogram dry sediment) of the base fluid in sediment that is lethal to
50 percent of the Leptocheirus plumulosus test organisms exposed to that
concentration of the base fluids after ten days of constant exposure.
(qq) 96-hour LC50 means the concentration (parts per
million) or percent of the suspended particulate phase (SPP) from a
sample that is lethal to 50 percent of the test organisms exposed to
that concentration of the SPP after 96 hours of constant exposure.
(rr) C16-C18 internal olefin means a 65/35
blend, proportioned by mass, of hexadecene and octadecene, respectively.
Hexadecene is an unsaturated hydrocarbon with a carbon chain length of
16, an internal double carbon bond, and is represented by the Chemical
Abstracts Service (CAS) No. 26952-14-7. Octadecene is an unsaturated
hydrocarbon with a carbon chain length of 18, an internal double carbon
bond, and is represented by the Chemical Abstracts Service (CAS) No.
27070-58-2. (Properties available from the Chemical Abstracts Service,
2540 Olentangy River Road, PO Box 3012, Columbus, OH, 43210).
(ss) C16-C18 internal olefin drilling fluid
means a C16-C18 internal olefin drilling fluid
formulated as specified in Appendix 8 of subpart A of this part.
(tt) C12-C14 ester and C8 ester
means the fatty acid/2-ethylhexyl esters with carbon chain lengths
ranging from 8 to 16 and represented by the Chemical Abstracts Service
(CAS) No. 135800-37-2. (Properties available from the Chemical Abstracts
Service, 2540 Olentangy River Road, PO Box 3012, Columbus, OH, 43210)
[61 FR 66124, Dec. 16, 1996, as amended at 66 FR 6895, Jan. 22, 2001]