25 Pa. Code § 78a.57 - Control, storage and disposal of production fluids
(a) Unless a permit has been obtained under
§
78a.60(a)
(relating to discharge requirements), the operator shall collect the brine and
other fluids produced during operation of the well in a tank or a series of
tanks, or other device approved by the Department for subsequent disposal or
reuse. Open top structures may not be used to store brine and other fluids
produced during operation of the well. An operator using a pit for storage of
production fluids as of October 8, 2016, shall report the use of the pit to the
Department no later than April 8, 2017, and shall properly close the pit in
accordance with appropriate restoration standards no later than October 10,
2017. Any spills or leaks detected shall be reported and remediated in
accordance with §
78a.66 (relating to reporting and
remediating spills and releases) prior to pit closure. Except as allowed in
this subchapter or otherwise approved by the Department, the operator may not
discharge the brine and other fluids on or into the ground or into the waters
of the Commonwealth. Unless separately permitted under the Solid Waste
Management Act (35 P.S. §§
6018.101-6018.1003), wastes may not be stored
at a well site unless the wastes are generated at or will be beneficially
reused at that well site.
(b) An
operator may not use a pit for the control, handling or storage of brine and
other fluids produced during operation of a well.
(c) Secondary containment is required for all
new, refurbished or replaced aboveground primary containment, including their
associated manifolds, that contain brine and other fluids produced during
operation of the well. If one tank in a series of tanks is added, refurbished
or replaced, secondary containment is required for the entire series of tanks.
The secondary containment area provided by dikes or other methods of secondary
containment open to the atmosphere must have containment capacity sufficient to
hold the volume of the largest single aboveground tank, plus an additional 10%
of volume for precipitation. Compliance with §
78a.64 (relating to secondary
containment around oil and condensate tanks) or using double walled tanks
capable of detecting a leak in the primary containment fulfills the
requirements in this subsection.
(d) Primary containment used to store brine
or other fluids produced during operation of the well shall be designed,
constructed and maintained to be structurally sound in accordance with sound
engineering practices adhering to Nationally recognized industry standards and
the manufacturer's specifications. Tanks that are manifolded together shall be
designed in a manner to prevent the uncontrolled discharge of multiple
manifolded tanks.
(e) Underground
or partially buried storage tanks used to store brine or other fluids produced
during operation of the well shall be designed, constructed and maintained to
be structurally sound in accordance with sound engineering practices adhering
to Nationally recognized industry standards and the manufacturer's
specifications. A well operator utilizing underground or partially buried
storage tanks as of October 8, 2016, shall provide electronically to the
Department a list of the well sites through its web site where the underground
or partially buried storage tanks are located by April 8, 2017. A well operator
shall register the location of an additional underground storage tank prior to
installation. Registration shall utilize forms provided by the Department and
be submitted electronically to the Department through its web site.
(f) All new, refurbished or replaced
aboveground storage tanks that store brine or other fluid produced during
operation of the well must comply with the corrosion control requirements in
§§
245.531-245.534 (relating to corrosion and
deterioration prevention), with the exception of use of Department-certified
inspectors to inspect interior linings or coatings.
(g) All new, refurbished or replaced
underground storage tanks that store brine or other fluid produced during
operation of the well must comply with the corrosion control requirements in
§
245.432 (relating to operation and
maintenance including corrosion protection) with the exception of use of
Department-certified inspectors to inspect interior linings.
(h) All new, refurbished or replaced tanks
storing brine or other fluids produced during operation of the well must be
reasonably protected from unauthorized acts of third parties. Unless the tank
is surrounded by a fence, tank valves and access lids must utilize locks, open
end plugs or removable handles and ladders on tanks must be retractable or
other measures that prevent access by third parties.
(i) Tanks storing brine or other fluids
produced during operation of the well shall be inspected by the operator at
least once per calendar month and documented. Deficiencies noted during the
inspection shall be addressed and remedied. When substantial modifications are
necessary to correct deficiencies, they shall be made in accordance with
manufacturer's specifications and applicable engineering design criteria. Any
deficiencies identified during the inspection shall be reported to the
Department electronically through its web site within 3 days of the inspection
and remedied prior to continued use of the tank. Inspection records shall be
maintained for 1 year and made available to the Department upon
request.
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