26 Miss. Code. R. 2-1.45 - [Effective 6/16/2025] POLLUTION OF AIR, FRESH WATERS AND SOILS PROHIBITED

I. Scope and Policy:

Pursuant to Chapter 301, General Laws of 1970, these rules and regulations are hereby promulgated to prevent waste by pollution of air, fresh waters and soils from oil field exploration and production wastes. These rules shall be effective throughout the State of Mississippi for the purpose of prevention of pollution of air, fresh waters and soils. Nothing in these rules shall be interpreted to apply to "commercial oil field exploration and production waste disposal" as defined in Miss. Code Ann. § 17-17-3(g) over which the Mississippi Commission on Environmental Quality has exclusive authority or to change, alter or modify in any way the exclusive authority of the State Oil and Gas Board (Board) to regulate commercial and noncommercial Class II underground injection wells.

II. Definitions:

A. "Deleterious substance" shall mean any chemical, salt water, oil field brine, waste oil, waste emulsified oil, basic sediment, and injurious substances produced or used in the drilling, development, producing, refining, and processing of oil, gas, sulphur, and other minerals.

B. "Fresh waters" for the purpose of administering of these rules and regulations shall mean surface or subsurface water in its natural state useful for domestic, livestock, irrigation, industrial, municipal, and recreational purposes.

C. "Fresh water stratum" shall mean a stratum from which fresh water may be produced in known sufficient quantities and at a cost making its use feasible as fresh water.

D. "Noncommercial disposal of oil field exploration and production wastes" shall have the same meaning as that term is defined in Miss. Code Ann. § 53-1-3(u).

E. "Oil field exploration and production wastes" shall have the same meaning as that term is defined in Miss. Code Ann. § 53-1-3(t)(i) and shall include any liquid, gaseous, solid, naturally occurring radioactive or other substance(s), including but not limited to, any chemical, produced water, sludge, oil-water emulsion, oil field brine, waste oil, sediment, scale or other waste substance(s).

F. "Produced water" shall mean 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.

G. "Soils" shall mean any substance on which trees, grass, crops, or other vegetation may grow, down to not less than the depth of the water table.

H. "Underground source of drinking water" (USDW) shall mean an aquifer or its portion:

(1) which supplies any public water system; or

(2) which contains a sufficient quantity of ground water to supply a public water system; and

(i) currently supplies drinking water for human consumption; or

(ii) contains fewer than 10,000 mg/l total dissolved solids; and which is not an exempted aquifer.

III. Prevention and Elimination of Pollution

A. Pollution of air, fresh waters, and soils is prohibited as hereinafter set out.

B. Each owner, operator and/or producer of a well shall be responsible for the proper management of oil field exploration and production wastes in accordance with the applicable rules and regulations of all state and federal authorities. All noncommercial disposal of oil field exploration and production wastes shall be conducted in accordance with the applicable provisions of Miss. Code Ann. §§ 53-1-1, et seq. and 53-3-1, et seq. and such rules and regulations promulgated by the Board.

C. All produced gas recovered at separators, heater-treaters, storage tanks, or similar separation vessels not sold, used as fuel, or serving any other useful purpose, that is being vented and the emissions exceed applicable standards, shall be flared through a flare stack, with a permanent pilot, if necessary, to ensure continuous burning, or processed in a manner so that emissions do not exceed applicable standards. Flare stacks shall be located no less than one hundred (100) feet from all well locations, vessels handling or storing crude oil, or other combustible substances, or any other potential fire hazard. Installation and use of flares and venting activities shall be conducted in accordance with the applicable requirements in the rules and regulations promulgated by the Mississippi Commission on Environmental Quality (Commission) through the Mississippi Air and Water Pollution Control Law (Miss. Code Ann. §§ 49-17-1, et seq.) and such rules and regulations promulgated by the Commission. The Mississippi Department of Environmental Quality serves as staff of the Commission and should be contacted related to any questions concerning these regulatory requirements.

D. All produced non-combustible gas recovered at separators, heater-treaters, storage tanks, or similar separation vessels, such as carbon dioxide (CO2), etc., which is not being used for a useful purpose, in lieu of flaring shall be returned to the subsurface stratum from which it was originally produced or to a stratum approved by the Supervisor if emissions to the atmosphere would exceed applicable standards.

E. Earthen Pits:

1. The use of earthen pits shall be phased out and discontinued except as hereinafter provided. All earthen pits abandoned during the three (3) years prior to the adoption of this Rule shall be emptied of fluids, in a manner that will not violate water quality standards, backfilled, leveled and compacted. All other earthen pits upon abandonment or at the time of the expiration of a valid permit or extension thereof covering same, shall immediately be emptied of all fluids, backfilled, leveled and compacted. These provisions do not apply to any earthen pit which has been abandoned and not in use for more than three (3) years prior to the adoption of this Rule.

2. Penalties as provided for in Miss. Code Ann. § 53-1-47 may be assessed for using any earthen pit without a valid permit issued by the Supervisor being currently in effect.

3. All permits existing on the date of adoption of this Rule for the use of earthen pits shall expire two (2) years from said date unless so provided otherwise.

4. Notwithstanding, any other provision contained herein, the Supervisor may issue permits for the construction of the following categories of earthen pits:

(a) Temporary Storage Pits for Produced Water:

Temporary storage pits for produced water may be permitted by the Supervisor only for temporary, emergency storage to accommodate disposal of produced water. No person shall use a temporary storage pit for produced water without a permit for such pit issued by the Supervisor. All temporary storage pits for produced water shall be closed within thirty (30) days following completion of the operations that resulted in the production of the produced water.

(b) Drilling Reserve Pits (Mud Pits)

An approved Form No. 2 (Permit to Drill) constitutes the permit for drilling reserve pits; thus, a special permit is not required for said pits. Drilling reserve pits are subject to strict stipulations as to backfilling when drilling is completed. (See Section 6 below).

5. Conditions Governing Temporary Storage Pits for Produced Water

(a) The pit shall be lined with an industry grade material designed to prevent the leakage, seepage, and release of mud and fluids of any kind to the surface and subsurface strata which shall be used and so constructed so that produced water stored will not cause pollution of fresh waters or contamination of soils beyond the confines of the pit. The pit shall be constructed to protect surface waters using dikes and by drainage ditches, where needed. No siphons or openings shall be placed in the walls or dikes.

(b) A representative of the Board must be given an opportunity to inspect a pit prior to its use.

(c) The fluid level shall never rise to within two (2) feet of the top of the pit walls or dikes and shall be kept below this level by properly disposing of fluids in a manner which prevents pollution as described herein.

(d) Only produced water shall be intentionally placed in the pit. Such water shall contain no more than the traces of oil remaining after separation with normal field facilities.

(e) The pit shall be identified with a sign (minimum of one (1) foot square) placed conspicuously near the pit containing the name of the operator, the location of the pit (section, township, range, and county), and the permit number issued by the Supervisor.

(f) When the use of the pit is to be discontinued, the Supervisor or field representative shall be notified in writing and be given an opportunity to witness all activities performed by the operator pursuant hereto. When abandoned, the pit shall be emptied of fluids, backfilled, leveled and compacted. Representative samples of the contents of the pit shall be collected before backfilling, for chloride and pH analysis and shall not exceed the analytical criteria as described herein in Section III.6.(f).

6. Conditions Governing Reserve Pits for Drilling Operations

(a) Mud Pits used in connection with drilling operations shall be sited and constructed so as to prevent the escape of any of the pit contents.

(b) The pit shall be protected from surface waters by dikes and drainage ditches.

(c) No siphons or openings shall be placed in the walls or dikes that would permit the discharge of the pit contents.

(d) The fluid level shall never rise to within two (2) feet of the top of the pit walls or dikes.

(e) Upon completion of drilling operations, mud pits shall be emptied of fluids and muds, backfilled, leveled and compacted within ninety (90) days. Extensions may be granted by the Supervisor or the Board's Field Director where warranted.

(f) Pit fluids and mud may be spread on to the land surface after notifying the Board or field representative, if mud contents meet the criteria below:

Chlorides	3000 mg/l or less
pH	Between 6.0 and 9.0

(g) In cases where oil-based mud is used, representative samples shall be collected and analyzed for oil and grease content. In no case shall oil-based mud be spread on to the land surface where the oil and grease content of the mud is greater than one per cent (1%) by weight.

7. Revocation of Pit Permits

(a) Should the Supervisor determine that the continued operation of a pit or pits would result in pollution of fresh water or fresh water sources, or contamination of soils outside the confines thereof, he may prohibit further use of the pit or pits until the conditions causing or likely to cause such pollution have been corrected. If corrective measures are not satisfactorily completed within thirty (30) days, the Supervisor may revoke the pit permit. The Supervisor reserves the right to immediately revoke a permit where a pit is determined to present an immediate source of pollution to fresh waters that cannot be readily corrected. Penalties as provided for in Miss. Code Ann. § 53-1-47 may be assessed.

(b) When a pit permit is revoked, the pit shall be emptied of fluids within two (2) weeks and backfilled, leveled, and compacted within thirty (30) days or additional penalties may be assessed.

8. Disposal During Drilling and Production Operations

Oil field exploration and production wastes and other deleterious substances used in conjunction with drilling and production operations may be disposed of by injection, including annular injection, into sub-surface strata containing a dissolved solids content greater than 10,000 ppm, and is void of oil and gas. Noncommercial disposal of oil field exploration and production wastes and other deleterious substances, during or following drilling and production operations is subject to authorization by the Supervisor on a case by case basis. In no instance shall the injection pressure needed for disposal exceed the calculated formation fracture pressure as provided for in Board Rule 63

9. Waiver of Pit Backfilling Requirements

In those instances wherein the owner of the surface lands and the operator of a producing well, an abandoned well, or a drilled well have reached agreement for payment in lieu of restoration of the premises, and when in such cases it is established that all potential contaminants and deleterious substances have been removed, leaving only the earthen pit, then after examination by a representative of the Board, the Supervisor is authorized to waive requirements for backfilling and compacting upon confirmation of removal and proper disposal of oil field exploration and production wastes and receipt by the Supervisor of an agreement executed by the surface owner(s) assuming all responsibility and liability for the pit.

10. Impervious Containers

Impervious containers shall be used in lieu of pits in areas where it is impossible or impractical to construct a pit, or to protect waters used for public water supply, shellfish harvesting, recreation, or fish and wildlife. Where impervious containers are used, the contents shall be removed and properly disposed of within ninety (90) days following usage.

11. Penalty

Any operator failing to comply with the provisions of this rule shall be subject to the penalty provided for violation of the rules of the Board.

12. Suspension of Operations

Should the Supervisor determine that the continued operation of a well, wells or associated treating, handling or storage facilities would cause waste, pollution or contamination of air, surface water, a USDW or soils, he will immediately prohibit further operation of the well, wells or associated facilities and may suspend the operator's Certificate of Compliance (Form 8) to transport oil, gas or other products until such time as it is determined by the Supervisor that the operator is in compliance with all rules and regulations of the Board.

13. Validity

Should any section, subsection or other provision of this rule be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the rule as a whole or any part thereof, other than the part so declared to be invalid, this Board hereby declaring that it would have adopted those parts of this rule which are valid and omitted any parts which may be invalid, if it had known that such part or parts were invalid at the time of the adoption of this rule.

Notes

26 Miss. Code. R. 2-1.45

Miss. Code Ann. § 53-1-17 (3).

Amended 6/2/2025 Amended 6/16/2025