La. Admin. Code tit. 43, § XIX-501 - Definitions

Application Phase- an identifiable period of time during which E and P Waste receipts are applied to a land treatment cell.

Cell- an earthen area constructed with an underdrain system within a land treatment facility used for the placement, land treatment and degradation of E and P Waste at a commercial facility. (A cell as defined in this Section is not considered a pit.)

Closed System- a system in which E and P Waste is stored and treated in an enclosed sump, tank, barge, or other vessel/container or equipment prior to treatment and/or disposal. A closed system does not include an open top sump or earthen pit.

Commercial Facility- a legally permitted E and P Waste storage, treatment and/or disposal facility which receives, treats, reclaims, stores, and/or disposes of E and P Waste for a fee or other consideration. For purposes of this definition, Department of Environmental Quality (DEQ) permitted facilities, as defined by LAC 33:V and VII, which are authorized to receive E and P Waste, are not covered by this definition. However, such facilities must comply with the reporting requirements of §545. K herein if E and P Waste is accepted.

Commissioner- the Commissioner of Conservation of the State of Louisiana.

Community Saltwater Disposal Well or System- a saltwater disposal well within an oil or gas field which is operated by one operator of record for disposal of E and P Waste fluids and used by other operators of record in the same field or adjacent fields for noncommercial disposal of their produced water. Such operators share in the costs of operating the well/system. For purposes of this definition, adjacent fields means oil or gas fields or portions thereof which are located within or partially encroach upon the same township as a community saltwater disposal well or one or more townships all of which are directly contiguous to the township in which the community saltwater disposal well is located.

Container-a sump, storage tank, process vessel, truck, or other receptacle used to store or transport E and P Waste, excluding barges and marine supply vessel permanent cargo tanks.

Drilling Waste- oil-base and water-base drilling mud or other drilling fluids and cuttings generated during the drilling of wells. These wastes are a subset of E and P Waste.

Exploration and Production Waste (E and P Waste)-drilling wastes, salt water, and other wastes associated with the exploration, development, or production of crude oil or natural gas wells and which is not regulated by the provisions of, and, therefore, exempt from the Louisiana Hazardous Waste Regulations and the Federal Resource Conservation and Recovery Act, as amended. E and P Wastes include, but are not limited to the following.

Waste Type	E and P Waste Description
01	Salt water (produced brine or produced water), except for salt water whose intended and actual use is in drilling, workover or completion fluids or in enhanced mineral recovery operations, process fluids generated by approved salvage oil operators who only receive oil (BS&W) from oil and gas leases, and nonhazardous natural gas plant processing waste fluid which is or may be commingled with produced formation water
02	Oil-base drilling wastes (mud, fluids and cuttings)
03	Water-base drilling wastes (mud, fluids and cuttings)
04	Completion workover and stimulation fluids
05	Production pit sludges
06	Storage tank sludge from production operations, onsite and commercial saltwater disposal facilities, DNR permitted salvage oil facilities (that only receive waste oil [B,S, & W] from oil and gas leases), and sludges generated by service company and commercial facility or transfer station wash water systems
07	Produced oily sands and solids
08	Produced formation fresh water
09	Rainwater from firewalls, ring levees and pits at drilling and production facilities
10	Washout water and residual solids generated from the cleaning of containers, barges and/or marine supply vessel permanent cargo tanks that transport E and P Waste and are not contaminated by hazardous waste or material; washout water and solids (E and P Waste Type 10) is or may be generated at a commercial facility or transfer station by the cleaning of a container, barge and/or marine supply vessel cargo tank holding a residual amount of E and P Waste
11	Washout pit water and residual solids from oilfield related carriers and service companies that are not permitted to haul hazardous waste or material.
12	Nonhazardous Natural gas plant processing waste solids.
13	(Reserved)
14	Pipeline test water which does not meet discharge limitations established by the appropriate state agency, or pipeline pigging waste, i.e. waste fluids/solids generated from the cleaning of a pipeline
15	E and P Wastes that are transported from permitted commercial facilities and transfer stations to permitted commercial treatment and disposal facilities, except those E and P Wastes defined as Waste Types 01 and 06.
16	Crude oil spill clean-up waste
50	Salvageable hydrocarbons bound for permitted salvage oil operators
99	Other E and P Waste not described above (shipment to a commercial facility or transfer station must be pre-approved prior to transport).

Fracture Stimulation Reclamation Fluid (FSR fluid) - a material that would otherwise be classified as E and P Waste, but which has been reclaimed for the sole use as media for Office of Conservation permitted hydraulic fracture stimulation operations

Generator- any person or entity who generates or causes to be generated any E and P Waste.

Groundwater Aquifer- as defined in §301

Inactive Cell- a land treatment cell which is not used for E and P Waste receipts or has been taken out of service by a land treatment facility. Such cell may be considered inactive only if it is a new cell which has not yet received E and P Waste or an existing cell which is in compliance with the applicable testing criteria of this Chapter.

Land Treatment- a dynamic process involving the controlled application of E and P Waste onto or into the aerobic surface soil horizon in open cells by a commercial land treatment facility, accompanied by continued monitoring and management, to alter the physical, chemical, and biological state of the E and P Waste. Site, soil, climate, and biological activity interact as a system to degrade and immobilize E and P Waste constituents thereby rendering the area suitable for the support of vegetative growth and providing for beneficial future land use or to meet the reuse criteria of §565

MPC- maximum permissible concentration.

Offsite- for purposes of this Section, outside the confines of a drilling unit for a specific well or group of wells, or in the absence of such a unit, outside the boundaries of a lease or contiguous property owned by the lessor upon which a well is drilled.

Oil-Based Drilling Muds- any oil-based drilling fluid composed of a water in oil (hydrocarbon or synthetic) emulsion, organophillic clays, drilled solids and additives for down-hole rheology and stability such as fluid loss control materials, thinners, weighting agents, etc.

Pit- an earthen surface impoundment constructed to retain E and P Waste, often referred to as a pond or lagoon. The term does not include lined sumps less than 660 gallons.

Residual (for containers)-the de-minimis quantity of E and P Waste (solids or liquids) remaining in a container after offloading, using the practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating) and amounting to no more than one inch of residue remaining on the bottom, or no more than three percent by weight of the total capacity of the container if the container is less than or equal to 110 gallons in size, or no more than 0.3 percent by weight of the total capacity of the container if the container is greater than 110 gallons in size.

Residual (for barges and marine supply vessel permanent cargo tanks)-shall be the de-minimis quantity of E and P Waste (solids or liquids) remaining in a barge or marine supply vessel permanent cargo tank using the practices commonly employed to remove materials (e.g., pumping and aspirating) and amounting to no more than the non-fluid, non-pumpable/removable material remaining in a marine supply vessel permanent cargo tank or barge after commonly employed removal practices are complete.

Reclaimed Oilfield Waste Fluid (ROW fluid)-a material that would otherwise be classified as E and P Waste, but which has been reclaimed for the sole use as media for Office of Conservation permitted downhole well operations.

Reusable Material-a material that would otherwise be classified as E and P Waste, but which is capable of resource conservation and recovery and has been processed in whole or in part for reuse. To meet this definition, the material must have been treated physically, chemically, or biologically or otherwise processed so that the material is significantly changed (i.e., the new material is physically, chemically, or biologically distinct from the original material), and meets the criteria §565.F This term does not include ROW Fluid

Salt Cavern Waste Disposal Facility- any public, private, or commercial property, including surface and subsurface lands and appurtenances thereto, used for receiving, storing, and/or processing oil and gas exploration and production waste for disposal into a solution-mined salt cavern.

Salt Water- water with a chloride content greater than 500 ppm generated from a producing oil or gas well.

Sump-a container constructed of steel, fiberglass, sealed concrete, or some other impermeable material utilized for temporary storage of E and P Waste, including, but not limited to, wash water and solids (sludge) generated by the removal/cleaning of residual amounts of E and P Waste from storage containers, barges and/or marine supply vessel permanent cargo tanks.

Transfer Pipeline System-an offsite pipeline system by which only E and P waste is transferred to a permitted instate or out-of-state transfer station or disposal facility.

Transfer Station- an E and P Waste receiving and storage facility, located offsite, but operated at an approved location in conjunction with a permitted commercial facility, which is used for temporary storage of manifested E and P Waste for a period of 30 days or less.

Transporter- a legally permitted carrier of E and P Waste contained in trucks, barges, boats, or other transportation vessels.

Treatment- as applied to Type A Facilities (defined herein), excluding Transfer Stations, treatment shall be defined as any method, technique, or process capable of hanging the physical and/or chemical characterization or composition of E and P Waste so as to reclaim salvageable hydrocarbons, process reusable material, reduce waste volume (volume reduction), neutralize waste, reduce §549 criteria concentration(s) or otherwise render the waste more suitable for handling, storage, transportation, and/or disposal.

Treatment Phase- the period of time during which E and P Waste in a land treatment cell is physically manipulated and/or chemically altered (through the addition of chemical amendments, etc.) to bring the cell into compliance with the testing criteria or reuse criteria of LAC 43:XIX.549 and 565.

Treatment Zone- the soil profile in a land treatment cell that is located wholly above the saturated zone and within which degradation, transformation, or immobilization of E and P Waste constituents occurs. The treatment zone is subdivided as follows.

1. Waste Treatment Zone (WTZ)- the active E and P Waste treatment area consisting solely of the E and P Waste solids applied to a land treatment cell during the application phase, exists entirely above grade (original cell bottom), and whose actual depth depends on the solids content of the E and P Waste applied. For monitoring purposes the WTZ represents the 0-24" depth increment.

2. Upper Treatment Zone (UTZ)- the E and P Waste/native soil (original cell bottom) interface in a land treatment cell where some disturbance occurs as a result of E and P Waste treatment/manipulation. For monitoring purposes, the UTZ represents the 24-36" depth increment.

3. Lower Treatment Zone (LTZ)- the zone beneath the UTZ in a land treatment cell from approximately 36-54" (or to the top of the subsurface drainage system) which remains undisturbed throughout the life of a land treatment cell.

Type A Facility - a commercial E and P Waste disposal facility within the state that utilizes technologies appropriate for the receipt, storage, treatment, reclamation, or disposal of E and P Waste solids and fluids (liquids) for a fee or other consideration.

Type B Facility- a commercial E and P Waste disposal facility within the state that utilizes underground injection technology for the receipt, storage, treatment, and disposal of only saltwater or other E and P Waste fluids (liquids) for a fee or other consideration.

Waste Management and Operations Plan- a plan as identified and required in §515

Water-Based Drilling Muds- any water-based fluid composed of fresh water, naturally occurring clays, drilled solids and additives for fluid loss control, viscosity, thinning, pH control, weight control, etc., for down-hole rheology and stability.

Notes

La. Admin. Code tit. 43, § XIX-501

Promulgated by the Department of Natural Resources, Office of Conservation, LR 26:2811 (December 2000), amended LR 27:1898 (November 2001), LR 29:937 (June 2003), LR 34:1421 (July 2008), LR 36:2570 (November 2010), Amended LR 43536 (3/1/2017), Amended LR 451600 (11/1/2019), Amended LR 49911 (5/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.