[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR435.13]

[Page 303-304]
 
                   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. 435.13  Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology 
          economically achievable (BAT).

    Except as provided in 40 CFR 125.30-32, any existing point source 
subject to this subpart must achieve the following effluent limitations 
representing the degree of effluent reduction attainable by the 
application of the best available technology economically achievable 
(BAT):

                        BAT Effluent Limitations
------------------------------------------------------------------------
                                       Pollutant         BAT effluent
           Waste source                parameter          limitation
------------------------------------------------------------------------
Produced water...................  Oil & grease....  The maximum for any
                                                      one day shall not
                                                      exceed 42 mg/l;
                                                      the average of
                                                      daily values for
                                                      30 consecutive
                                                      days shall not
                                                      exceed 29 mg/l.
Drilling fluids and drill
 cuttings:
(A) For facilities located within  ................  No discharge.\1\
 3 miles from shore.
(B) For facilities located beyond
 3 miles from shore:.
    Water-based drilling fluids    SPP Toxicity....  Minimum 96-hour
     and associated drill                             LC50 of the SPP
     cuttings.                                        Toxicity Test \2\
                                                      shall be 3% by
                                                      volume.
                                   Free oil........  No discharge.\3\
                                   Diesel oil......  No discharge.
                                   Mercury.........  1 mg/kg dry weight
                                                      maximum in the
                                                      stock barite.
                                   Cadmium.........  3 mg/kg dry weight
                                                      maximum in the
                                                      stock barite.
    Non-aqueous drilling fluids    ................  No discharge.
     (NAFs).
Drill cuttings associated with
 non-aqueous drilling fluids:
    Stock Limitations (C16-C18     Mercury.........  1 mg/kg dry weight
     internal olefin).                                maximum in the
                                                      stock barite.
                                   Cadmium.........  3 mg/kg dry weight
                                                      maximum in the
                                                      stock barite.
                                   Polynuclear       PAH mass ratio \5\
                                    Aromatic          shall not exceed
                                    Hydrocarbons      1x10-5.
                                    (PAH).
                                   Sediment          Base fluid sediment
                                    toxicity.         toxicity ratio \6\
                                                      shall not exceed
                                                      1.0.
                                   Biodegradation    Biodegradation rate
                                    rate.             ratio \7\ shall
                                                      not exceed 1.0.
    Discharge Limitations........  Diesel oil......  No discharge.
                                   SPP Toxicity....  Minimum 96-hour
                                                      LC50 of the SPP
                                                      Toxicity Test \2\
                                                      shall be 3% by
                                                      volume.
                                   Sediment          Drilling fluid
                                    toxicity.         sediment toxicity
                                                      ratio \8\ shall
                                                      not exceed 1.0.
                                   Formation Oil...  No discharge.\9\
                                   Base fluid        For NAFs that meet
                                    retained on       the stock
                                    cuttings.         limitations (C16-
                                                      C18 internal
                                                      olefin) in this
                                                      table, the maximum
                                                      weighted mass
                                                      ratio averaged
                                                      over all NAF well
                                                      sections shall be
                                                      6.9 g-NAF base
                                                      fluid/100 g-wet
                                                      drill
                                                      cuttings.\10\
                                                     For NAFs that meet
                                                      the C12-C14 ester
                                                      or C8 ester stock
                                                      limitations in
                                                      footnote 11 of
                                                      this table, the
                                                      maximum weighted
                                                      mass ratio
                                                      averaged over all
                                                      NAF well sections
                                                      shall be 9.4 g-NAF
                                                      base fluid/100 g-
                                                      wet drill
                                                      cuttings.
Well treatment, completion, and    Oil and grease..  The maximum for any
 workover fluids.                                     one day shall not
                                                      exceed 42 mg/l;
                                                      the average of
                                                      daily values for
                                                      30 consecutive
                                                      days shall not
                                                      exceed 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 and drill
  cuttings discharge limitations for facilities located beyond 3 miles
  offshore.
\2\ As determined by the suspended particulate phase (SPP) toxicity test
  (Appendix 2 of subpart A of this part).
\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 (visual sheen).

[[Page 304]]


\5\ PAH mass ratio = Mass (g) of PAH (as phenanthrene)/Mass (g) of stock
  base fluid as determined by EPA Method 1654, Revision A, (specified at
  Sec.  435.11(u)) 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.
\6\ Base fluid sediment toxicity ratio = 10-day LC50 of C16-C18 internal
  olefin/10-day LC50 of stock base fluid as determined by ASTM E 1367-92
  [specified at Sec.  435.11(ee)] method: ``Standard Guide for
  Conducting 10-day Static Sediment Toxicity Tests with Marine and
  Estuarine Amphipods,'' 1992, after preparing the sediment according to
  the method specified in Appendix 3 of subpart A of this part. 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.
\7\ Biodegradation rate ratio = Cumulative gas production (ml) of C16-
  C18 internal olefin/Cumulative gas production (ml) of stock base
  fluid, both at 275 days as determined by ISO 11734:1995 [specified at
  Sec.  435.11(e)] method: ``Water quality--Evaluation of the `ultimate'
  anaerobic biodegradability of organic compounds in digested sludge--
  Method by measurement of the biogas production (1995 edition)'' as
  modified for the marine environment (Appendix 4 of subpart A of this
  part). 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, 1200 Pennsylvania Ave., NW.,
  Washington, DC 20460.
\8\ Drilling fluid sediment toxicity ratio = 4-day LC50 of C16-C18
  internal olefin drilling fluid/4-day LC50 of drilling fluid removed
  from drill cuttings at the solids control equipment as determined by
  ASTM E 1367-92 (specified at Sec.  435.11(ee)) method: ``Standard
  Guide for Conducting 10-day Static Sediment Toxicity Tests with Marine
  and Estuarine Amphipods,'' 1992, after preparing the sediment
  according to the method specified in Appendix 3 of subpart A of this
  part. 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.
\9\ As determined before drilling fluids are shipped offshore by the GC/
  MS compliance assurance method (Appendix 5 of subpart A of this part),
  and as determined prior to discharge by the RPE method (Appendix 6 of
  subpart A of this part) applied to drilling fluid removed from drill
  cuttings. If the operator wishes to confirm the results of the RPE
  method (Appendix 6 of subpart A of this part), the operator may use
  the GC/MS compliance assurance method (Appendix 5 of subpart A of this
  part). Results from the GC/MS compliance assurance method (Appendix 5
  of subpart A of this part) shall supercede the results of the RPE
  method (Appendix 6 of subpart A of this part).
\10\ Maximum permissible retention of non-aqueous drilling fluid (NAF)
  base fluid on wet drill cuttings averaged over drilling intervals
  using NAFs as determined by the API retort method (Appendix 7 of
  subpart A of this part). This limitation is applicable for NAF base
  fluids that meet the base fluid sediment toxicity ratio (Footnote 6),
  biodegradation rate ratio (Footnote 7), PAH, mercury, and cadmium
  stock limitations (C16-C18 internal olefin) defined above in this
  table.
\11\ Maximum permissible retention of non-aqueous drilling fluid (NAF)
  base fluid on wet drill cuttings average over drilling intervals using
  NAFs as determined by the API retort method (Appendix 7 of subpart A
  of this part). This limitation is applicable for NAF base fluids that
  meet the ester base fluid sediment toxicity ratio and ester
  biodegradation rate ratio stock limitations defined as: (a) ester base
  fluid sediment toxicity ratio = 10-day LC50 of C12-C14 ester or C8
  ester /10-day LC50 of stock base fluid as determined by ASTM E 1367-92
  (specified at Sec.  435.11(ee)) method: ``Standard Guide for
  Conducting 10-day Static Sediment Toxicity Tests with Marine and
  Estuarine Amphipods,'' 1992, after preparing the sediment according to
  the method specified in Appendix 3 of subpart A of this part. 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. (b) ester biodegradation rate ratio = Cumulative gas production
  (ml) of C12-C14 ester or C8 ester/Cumulative gas production (ml) of
  stock base fluid, both at 275 days as determined by ISO 11734:1995
  (specified at Sec.  435.11(e)) method: ``Water quality--Evaluation of
  the `ultimate' anaerobic biodegradability of organic compounds in
  digested sludge--Method by measurement of the biogas production (1995
  edition)'' as modified for the marine environment (Appendix 4 of
  subpart A of this part). 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, 1200 Pennsylvania
  Ave., NW., Washington, DC 20460. (c) PAH mass ratio (Footnote 5),
  mercury, and cadmium stock limitations (C16-C18 internal olefin)
  defined above in this table.


[58 FR 12504, Apr. 13, 1979, as amended at 66 FR 6898, Jan. 22, 2001]