PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY Subpart A--Offshore Subcategory Sec. 435.10 Applicability; description of the offshore subcategory. 435.11 Specialized definitions. 435.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. Subpart B--[Reserved] Subpart C--Onshore Subcategory 435.30 Applicability; description of the onshore subcategory. 435.31 Specialized definitions. 435.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best praticable control technology currently available. Subpart D--Coastal Subcategory 435.40 Applicability; description of the coastal subcategory. 435.41 Specialized definitions. 435.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. Subpart E--Agricultural and Wildlife Water Use Subcategory 435.50 Applicability; description of the beneficial use subcategory. 435.51 Specialized definitions. 435.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. Subpart F--Stripper Subcategory 435.60 Applicability; description of the stripper subcategory. 435.61 Specialized definitions. Authority: Secs. 301, 304(b) and (c), Clean Water Act of 1977, 33 U.S.C. 1251 et seq.; Pub. L. 95 - 217. Source: 44 FR 22075, Apr. 13, 1979, unless otherwise noted. Subpart A--Offshore Subcategory 435.10 Applicability; description of the offshore subcategory. The provisions of this subpart are applicable to those facilities engaged in the production, field exploration, drilling, well production, and well treatment in the oil and gas extraction industry which are located seaward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg).Editorial Note: Part 125 was revised at 44 FR 32948, June 7, 1979. 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 401 shall apply to this subpart. (b) The term ``M10'' shall mean those offshore facilities continuously manned by ten (10) or more persons. (c) The term ``M9IM'' shall mean those offshore facilities continuously manned by nine (9) or fewer persons or only intermittently manned by any number of persons. (d) The term ``no discharge of free oil'' shall mean that a discharge does not cause a film or sheen upon or a discoloration on the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 435.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) In establishing the limitations set forth in this section, EPA took into account all information it was able to collect, develop and solicit with respect to factors (such as age and size of facility, raw materials, manufacturing processes, products produced, treatment technology available, energy requirements and costs) which can affect the industry subcategorization and effluent levels established. It is, however, possible that data which would affect these limitations have not been available and, as a result, these limitations should be adjusted for certain facilities in this industry. An individual discharger or other interested person may submit evidence to the Regional Administrator (or to the State, if the State has the authority to issue NPDES permits) that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the guidelines. On the basis of such evidence or other available information, the Regional Administrator (or the State) will make a written finding that such factors are or are not fundamentally different for that facility compared to those specified in the Development Document. If such fundamentally different factors are found to exist, the Regional Administrator or the State shall establish for the discharger effluent limitations in the NPDES permit either more or less stringent than the limitations established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Administrator of the Environmental Protectional Agency. The Administrator may approve or disapprove such limitations, specify other limitations, or initiate proceedings to revise these regulations. (b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available: Effluent limitations--Oil and grease [In milligrams per liter] ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Residual Maximum Average of chlorine Pollutant parameter waste source for any 1 values for 30 minimum day consecutive days for any 1 shall not exceed day ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Produced water...................... 72 48 NA Deck drainage....................... (\1\) (\1\) NA Drilling muds....................... (\1\) (\1\) NA Drill cuttings...................... (\1\) (\1\) NA Well treatment...................... (\1\) (\1\) NA Sanitary: M10............................... NA NA \2\1 M9IM\3\........................... NA NA NA Domestic............................ NA NA NA ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ \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. Subpart B--[Reserved] Subpart C--Onshore Subcategory 435.30 Applicability; description of the onshore subcategory. The provisions of this subpart are applicable to those facilities engaged in the production, field exploration, drilling, well completion and well treatment in the oil and gas extraction industry which are located landward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg)Editorial Note: Part 125 was revised at 44 FR 32948, June 7, 1979. and which are not included within Subpart D, E, or F, Provided, however, That the applicability of this subpart to (a) facilities in existence on April 13, 1979 or thereafter engaged in the production, field exploration, drilling, well completion and well treatment in the oil and gas extraction industry which are located on land and which would have been considered ``coastal'' as defined under the interim final regulations for this industry (40 CFR 435.41, 41 FR 44942, October 13, 1976) or which are (b) located in the Santa Maria Basin of California is suspended. (Secs. 301, 304(b) and 501 of the Clean Water Act as amended, 33 U.S.C. 1251 et seq.) [44 FR 22075, Apr. 13, 1979, as amended at 47 FR 31555, July 21, 1982] 435.31 Specialized definitions. For the purpose of this subpart: (a) The general definitions, abbreviations, and methods of analysis set forth in 40 CFR Part 401 shall apply to this subpart. 435.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. In establishing the limitations set forth in this section, EPA took into account all information it was able to collect, develop and solicit with respect to factors (such as age and size of facility, raw materials, production processes, product produced, treatment technology available, energy requirements and costs) which can affect the industry subcategorization and effluent levels established. It is, however, possible that data which would affect these limitations have not been available and, as a result, these limitations should be adjusted for certain plants in this industry. An individual discharger or other interested person may submit evidence to the Regional Administrator (or to the State, if the State has the authority to issue NPDES permits) that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the guidelines. On the basis of such evidence or other available information, the Regional Administrator (or the State) will make a written finding that such factors are or are not fundamentally different for that facility compared to those specified in the Development Document. If such fundamentally different factors are found to exist, the Regional Administrator or the State shall establish for the discharger effluent limitations in the NPDES permit either more or less stringent than the limitations established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Administrator of the Environmental Protection Agency. The Administrator may approve or disapprove such limitations, specify other limitations, or initiate proceedings to revise these regulations. (a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available: there shall be no discharge of waste water pollutants into navigable waters from any source associated with production, field exploration, drilling, well completion, or well treatment (i.e., produced water, drilling muds, drill cuttings, and produced sand). Subpart D--Coastal Subcategory 435.40 Applicability; description of the coastal subcategory. The provisions of this subpart are applicable to facilities engaged in the production, field exploration, drilling, well completion and well treatment in areas defined as coastal. These facilities are in the oil and gas extraction industry. 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) The term ``M10'' shall mean those coastal facilities continuously manned by ten (10) or more persons. (c) The term ``M9IM'' shall mean those coastal facilities continuously manned by nine (9) or fewer persons or intermittently manned by any number of persons. (d) The term ``no discharge of free oil'' shall mean that a discharge does not cause a film or sheen upon or a discoloration on the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. (e) The term ``coastal'' shall mean: (1) any body of water landward of the territorial seas as defined in 40 CFR 125.1(gg),Editorial Note: Part 125 was revised at 44 FR 32948, June 7, 1979. or (2) any wetlands adjacent to such waters. (f) The term ``wetlands'' shall mean those surface areas which are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 435.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. In establishing the limitations set forth in this section, EPA took into account all information it was able to collect, develop and solicit with respect to factors (such as age and size of facility, raw materials, production processes, product produced, treatment technology available, energy requirements and costs) which can affect the industry subcategorization and effluent levels established. It is, however, possible that data which would affect these limitations have not been available and, as a result, these limitations should be adjusted for certain plants in this industry. An individual discharger or other interested person may submit evidence to the Regional Administrator (or to the State, if the State has the authority to issue NPDES permits) that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the guidelines. On the basis of such evidence or other available information, the Regional Administrator (or the State) will make a written finding that such factors are or are not fundamentally different for that facility compared to those specified in the Development Document. If such fundamentally different factors are found to exist, the Regional Administrator or the State shall establish for the discharger effluent limitations in the NPDES permit either more or less stringent than the limitations established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Administrator of the Environmental Protection Agency. The Administrator may approve or disapprove such limitations, specify other limitations, or initiate proceedings to revise these regulations. (a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available: Effluent limitations--Oil and grease [In milligrams per liter] ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Residual Maximum Average of chlorine Pollutant parameter waste source for any 1 values for 30 minimum day consecutive days for any 1 shall not exceed day ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Produced water...................... 72 48 NA Deck drainage....................... (\1\) (\1\) NA Drilling muds....................... (\1\) (\1\) NA Drill cuttings...................... (\1\) (\1\) NA Well treatment...................... (\1\) (\1\) NA Sanitary: M10............................... NA NA \2\1 M9IM\3\........................... NA NA NA Domestic\3\......................... NA NA NA ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ \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. Subpart E--Agricultural and Wildlife Water Use Subcategory 435.50 Applicability; description of the beneficial use subcategory. The provisions of this subpart are applicable to those onshore facilities located in the continental United States and west of the 98th meridian for which the produced water has a use in agriculture or wildlife propagation when discharged into navigable waters. These facilities are engaged in the production, drilling, well completion, and well treatment in the oil and gas extraction industry. 435.51 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) The term ``onshore'' shall mean all land areas landward of the territorial seas as defined in 40 CFR 125.1(gg).Editorial Note: Part 125 was revised at 44 FR 32948, June 7, 1979. (c) The term ``use in agricultural or wildlife propagation'' means that the produced water is of good enough quality to be used for wildlife or livestock watering or other agricultural uses and that the produced water is actually put to such use during periods of discharge. 435.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. In establishing the limitations set forth in this section, EPA took into account all information it was able to collect, develop and solicit with respect to factors (such as age and size of facility, raw materials, production processes, product produced, treatment technology available, energy requirements and costs) which can affect the industry subcategorization and effluent levels established. It is however, possible that data which would affect these limitations have not been available and, as a result, these limitations should be adjusted for certain plants in this industry. An individual discharger or other interested person may submit evidence to the Regional Administrator (or to the State, if the State has the authority to issue NPDES permits) that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the guidelines. On the basis of such evidence or other available information, the Regional Administrator (or the State) will make a written finding that such factors are or are not fundamentally different for that facility compared to those specified in the Development Document. If such fundamentally different factors are found to exist, the Regional Administrator or the State shall establish for the discharger effluent limitations in the NPDES permit either more or less stringent than the limitations established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Administrator of the Environmental Protection Agency. The Administrator may approve or disapprove such limitations, specify other limitations, or initiate proceedings to revise these regulations. (a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available: (1) There shall be no discharge of waste pollutants into navigable waters from any source (other than produced water) associated with production, field exploration, drilling, well completion, or well treatment (i.e., drilling muds, drill cuttings, and produced sands). (2) Produced water discharges shall not exceed the following daily maximum limitation: Effluent characteristics: Effluent limitation (mg/l). Oil and Grease: 35. Subpart F--Stripper Subcategory 435.60 Applicability; description of the stripper subcategory. The provisions of this subpart are applicable to those onshore facilities which produce 10 barrels per well per calendar day or less of crude oil and which are operating at the maximum feasible rate of production and in accordance with recognized conservation practices. These facilities are engaged in production, and well treatment in the oil and gas extraction industry. 435.61 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) The term ``onshore'' shall mean all land areas landward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg).Editorial Note: Part 125 was revised at 44 FR 32948, June 7, 1979. (c) The term ``well'' shall means crude oil producing wells and shall not include gas wells or wells injecting water for disposal or for enchanced recovery of oil or gas. (d) The term ``gas well'' shall mean any well which produces natural gas in a ratio to the petroleum liquids produced greater than 15,000 cubic feet of gas per 1 barrel (42 gallons) of petroleum liquids.