Unless a word or term is defined differently in this
section, the definitions in §
RSA
3.8 of this title (relating to Water
Protection), §
RSA
3.98 of this title (relating to Standards for
Management of Hazardous Oil and Gas Waste), and §
RSA 4.603
of this title (relating to Definitions), shall apply in this subchapter. In
addition, the following words and terms when used in this subchapter shall have
the following meanings, unless the context clearly indicates otherwise:
(1) 100-year flood plain--An area that is
inundated by a 100-year flood, which is a flood that has a one percent or
greater chance of occurring in any given year.
(2) Adjoining--Every tract of property
surrounding the tract of property upon which the activity sought to be
permitted will occur, including those tracts that meet only at a corner
point.
(3) Commercial recycling
facility--A facility whose owner or operator receives compensation from others
for the storage, handling, treatment, and recycling of oil and gas wastes and
the primary business purpose of the facility is to provide these services for
compensation, whether from the generator of the waste, another receiver, or the
purchaser of the recyclable product produced at the facility. Includes
recycling of solid oil and gas wastes on or off lease. Does not include
non-commercial fluid recycling as defined in §
RSA
3.8 of this title.
(4) Commission--The Railroad Commission of
Texas.
(5) Director--The director
of the Commission's Oil and Gas Division or the director's delegate.
(6) EPA Method 1312, Synthetic Precipitation
Leaching Procedure (SPLP)--An analytical method used to evaluate the potential
for leaching of metals and/or benzene into surface and subsurface
water.
(7) Legitimate commercial
use--Use or reuse of a recyclable product as authorized or defined in a permit
issued pursuant to this subchapter:
(A) as an
effective substitute for a commercial product or as an ingredient to make a
commercial product; or
(B) as a
replacement for a product or material that otherwise would have been purchased;
and
(C) in a manner that does not
constitute disposal.
(8)
Louisiana Department of Natural Resources Leachate Test Method--An analytical
method designed to simulate water leach effects on treated oil and gas wastes
included in "Laboratory Manual for the Analysis of E&P Waste," Louisiana
Department of Natural Resources, May 2005.
(9) On-lease commercial solid oil and gas
waste recycling--Commercial recycling performed on an oil or gas lease or well
site using equipment that moves from one location to another, at which all
materials and wastes are stored in authorized pits and/or tanks, and restricted
in the:
(A) amount of time, generally less
than one year, operations occur at any one location;
(B) volume and source of the waste that may
be processed at any one location;
(C) the type and characteristics of the
waste; and
(D) size of the area
used for recycling.
(10)
Oil and gas wastes--For purposes of this subchapter, this term means materials
which have been generated in connection with activities associated with the
exploration, development, and production of oil or gas or geothermal resources,
as that term is defined in §
RSA
3.8 of this title, and materials which have
been generated in connection with activities associated with the solution
mining of brine. The term "oil and gas wastes" includes, but is not limited to,
saltwater, other mineralized water, sludge, spent drilling fluids, cuttings,
waste oil, spent completion fluids, and other liquid, semiliquid, or solid
waste material. The term "oil and gas wastes" includes waste generated in
connection with activities associated with gasoline plants, natural gas or
natural gas liquids processing plants, pressure maintenance plants, or
repressurizing plants unless that waste is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency pursuant to
the federal Solid Waste Disposal Act, as amended (42 United States
Code §
6901 et seq.).
(11) Partially treated waste--Oil and gas
waste that has been treated or processed with the intent of being recycled, but
which has not been determined to meet the environmental and engineering
standards for a recyclable product established by the Commission in this
subchapter or in a permit issued pursuant to this subchapter.
(12) Recyclable product--A reusable material
that has been created from the treatment and/or processing of oil and gas waste
as authorized or permitted by a Commission permit and that meets the
environmental and engineering standards established by the permit or
authorization for the intended use, and is used as a legitimate commercial
product. A recyclable product is not a waste, but may become a waste if it is
abandoned or disposed of rather than recycled as authorized by the permit or
authorization.
(13) Recycle--To
process and/or use or re-use oil and gas wastes as a product for which there is
a legitimate commercial use and the actual use of the recyclable product for
the purposes authorized in this subchapter or a permit. 'Recycle,' as defined
in this subsection, does not include injection pursuant to a permit issued
under §
RSA
3.46 of this title (relating to Fluid
Injection into Productive Reservoirs).
(14) Off-lease or centralized commercial
solid oil and gas waste recycling facility--A commercial recycling facility
that is capable of being moved from one location to another, but which is
generally in operation in one location for a period of time longer than one
year, but less than two years that shall recycle solid oil and gas
waste.
(15) Off-lease commercial
fluid recycling facility--A commercial recycling facility that is capable of
being moved from one location to another, but which is generally in operation
in one location for a period of time longer than one year, but less than two
years that shall recycle wellbore fluid produced from an oil or gas well,
including produced formation fluid, workover fluid, and completion fluid,
including fluids produced from the hydraulic fracturing process.
(16) Solid oil and gas waste--Oil and gas
waste that is not typically capable of being injected into a disposal well
without the addition of fluids.
(17) Stationary commercial recycling
facility--A commercial recycling facility in an immobile, fixed location for a
period of greater than two years that recycles solid oil and gas waste or
wellbore fluid produced from an oil or gas well, including produced formation
fluid, workover fluid, and completion fluid, including fluids produced from the
hydraulic fracturing process.