Utah Admin. Code R649-9-1 - Introduction

(1) Section 40-6-5 authorizes the board to regulate the recycling of E and P products, including produced water. It is the intent of the board and division to regulate E and P recycling facilities for the reuse of produced water and other E and P products in a manner that protects the environment, limits liability to producers, promotes opportunities for reuse of produced water and other recyclable E and P products and minimizes the volume of waste and use of freshwater.

(2) Rule R649-9 specifies the informational and procedural requirements for management and permitting of E and P recycling facilities.

(3) For the purposes of Rule R649-9, E and P recycling facilities include the following facilities:

(a) Long Term produced water recycling pond facilities;

(b) Temporary produced water recycling tank facilities;

(c) Waste crude oil treatment facilities; and

(d) Other potential E and P product recycling facilities. It is the intent of this rule to create a basic framework for division review and permitting of potential unforeseen E and P product recycling opportunities.

(4) E and P recycling facilities may not be used for the disposal of produced water or other E and P products.

(5) Rule R649-9 is intended for E and P recycling facilities and do not apply to Class II injection wells and pits associated with these wells.

(6) The operator is ultimately liable for the continued stability and proper operation of the facility. The division's primary role during permit review is to ensure the E and P recycling facility has been designed and certified by a Utah Licensed Professional Engineer.

(7) This rule does not authorize the use of produced water as part of a consumptive beneficial use without a water right, and any nonconsumptive use of produced water in an oil and gas activity must be consistent with Title 40, Chapter 12, Produced Water Act.

Notes

Utah Admin. Code R649-9-1

Amended by Utah State Bulletin Number 2025-06, effective 2/26/2025