[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR435.41]

[Page 335-338]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 435_OIL AND GAS EXTRACTION POINT SOURCE CATEGORY
--Table of Contents
 
                      Subpart D_Coastal Subcategory
 
Sec. 435.41  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)'' (Available from 
the American National Standards Institute, 11 West 42nd Street, 13th 
Floor, New York, NY 10036) supplemented with modifications in Appendix 4 
of subpart A of this part.
    (f) Cook Inlet refers to coastal locations north of the line between 
Cape Douglas on the West and Port Chatham on the east.
    (g) 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.
    (h) 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.
    (i) Development facility means any fixed or mobile structure subject 
to this Subpart that is engaged in the drilling of productive wells.
    (j) Dewatering effluent means wastewater from drilling fluids and 
drill cuttings dewatering activities (including but not limited to 
reserve pits or other tanks or vessels, and chemical or mechanical 
treatment occurring during the drilling solids separation/recycle/
disposal process).
    (k) 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

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for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 
Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. A 
copy may also be inspected at EPA's Water Docket, 401 M Street SW., 
Washington, DC 20460.
    (l) Domestic waste means the 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.
    (m) 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.
    (n) 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.
    (o) 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.
    (p) 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.
    (q) 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.
    (r) Garbage means all kinds of victual, domestic, and operational 
waste, excluding fresh fish and parts thereof, generated during the 
normal operation of coastal oil and gas facility and liable to be 
disposed of continuously or periodically, except dishwater, graywater, 
and those substances that are defined

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or listed in other Annexes to MARPOL 73/78. A copy of MARPOL may be 
inspected at EPA's Water Docket; 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (s) M9IM means those offshore facilities continuously manned by nine 
(9) or fewer persons or only intermittently manned by any number of 
persons.
    (t) M10 means those offshore facilities continuously manned by ten 
(10) or more persons.
    (u) 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.
    (v) 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.
    (w) Minimum as applied to BAT effluent limitations and NSPS for 
drilling fluids and drill cuttings means the minimum 96-hour 
LC5. 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.
    (x)(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.
    (y) 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.
    (z) 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.
    (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.
    (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. It includes 
facilities that

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are engaged in hydrocarbon fluids separation even if located separately 
from wellheads.
    (dd) Sanitary waste means the human body waste discharged from 
toilets and urinals located within facilities subject to this subpart.
    (ee) 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.
    (ff) 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.
    (gg) Stock barite means the barite that was used to formulate a 
drilling fluid.
    (hh) 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.
    (ii) Well completion fluids means salt solutions, weighted brines, 
polymers, and various additives used to prevent damage to the well bore 
during operations which prepare the drilled well for hydrocarbon 
production.
    (jj) 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.
    (kk) 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.
    (ll) 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.

[61 FR 66125, Dec. 16, 1996; 62 FR 1681, Jan. 13, 1997, as amended at 66 
FR 6914, Jan. 22, 2001; 69 FR 18803, Apr. 9, 2004]