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Produced Water White Paper 27 4.2.1.1.1 Onshore Activities Pursuant to Subpart C of 40 CFR Part 435, oil and gas activities located onshore may not discharge produced waters into navigable waters. However, two other subcategories provide for tailored exceptions to the onshore rule. Subpart E of 40 CFR Part 435 presents the agricultural and wildlife water use subcategory. The regulations apply to those onshore facilities located in the continental United States and west of the 98th meridian for which produced water is clean enough for use in agriculture or wildlife propagation when discharged into navigable waters. The 98th meridian extends from near the eastern edge of the Dakotas through central Nebraska, Kansas, Oklahoma, and Texas. Produced water with a maximum oil and grease limit of 35 mg/L may be discharged from such sites. However, this subcategory requires 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. An undetermined number (believed to be a small number) of Western oil and natural gas operators are discharging under NPDES permits that conform to the ELGs. Veil (1997a) notes that four states (California, Colorado, South Dakota, and Utah) indicated that they issued NPDES permits to facilities that could be classified under the agricultural and wildlife water use subcategory. The second exception that allows for onshore discharges is offered in Subpart F for the stripper subcategory. It applies to facilities that produce 10 barrels per day or less of crude oil. The EPA has published no national discharge standards for this subcategory, effectively leaving any regulatory controls to the primacy states or the EPA’s regional offices for direct implementation programs. The EPA’s decision to provide a window for small oil wells reflects the consideration to minimize the economic burden imposed by an across-the-board zero-discharge standard. The stripper subcategory appears inconsistent because it gives relief only to small oil wells and not to marginal gas wells (typically 60 thousand cubic feet per day or less). In the absence of any regulatory exception for marginal gas well discharges, such discharges fall under the general onshore standards of Subpart C. Veil (1997a) reports that, in 1997, six states (Kentucky, Nebraska, New York, Pennsylvania, Texas, and West Virginia) issued NPDES permits for produced water discharges from stripper wells. All six states limited oil and grease and pH, and some of the states placed limits on different combinations of total suspended solids, iron, chlorides, and other pollutants. 4.2.1.1.2 Coastal Subcategory Oil and gas activities located in coastal waters may not discharge produced waters to the marine environment. This discharge prohibition does not apply to the Cook Inlet, Alaska (which is treated in the same manner as offshore waters). Table 4-1 presents the ELGs for the coastal subcategory.PDF Image | Produced Water from Production of Crude Oil
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