Transcript Environmental Release Reporting Requirements For E&P

Environmental Release Reporting Requirements
for E&P
February 21, 2007
Michael R. Scoggins
Environmental Protection
• Environmental protection is important.
• The E&P Industry has made much progress in
improving environmental protection through better
practices, innovation, new technologies, etc.
• While great effort may be placed on protecting the
environment, managing our business, properly
managing waste, preventing environmental damage,
etc., incidents still occur such as spills or other
releases.
• In many cases, there are regulatory requirements
that require reporting and/or notification of such
events above some established threshold.
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DISCLAIMER
• The content of this presentation is for informational
purposes only and is not intended, and should not
be viewed or construed as, legal advice.
• The intent is to simply provide a general
awareness related to environmental reporting and
notification requirements.
• Consult the Legal Department of your company or
an attorney for legal advice.
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Types of Releases
• Spills
−“Products”
−Chemicals from E&P operations
−Wastes from E&P operations
• Releases/Emissions to Air
−Natural Gas
−Emissions from sources
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Types of Spills
• Types of Spills
Oil/condensate
Produced water
Chemicals
Other E&P waste, e.g.:
Drilling mud
Completion brine
Fuel
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Federal Oil Spill Reporting
Requirements
• Immediately notify the National Response
Center (NRC): 800-424-8802 of discharges of oil
that:
 Violate applicable water quality standards; or
 Cause a film or sheen upon or discoloration
of the surface of the water or adjoining
shorelines or cause a sludge or emulsion to be
deposited beneath the surface of the water or
upon adjoining shorelines. (40 CFR §110.3)
Sheen means an iridescent appearance on the
surface of water
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Federal Oil Spill Reporting
Requirements – Issues
• Be aware of the language in the reporting legislation/regulations such as
“adjoining shorelines” and what it might mean.
− May not mean what you think.
• An oil spill to a water body or drainage conveyance may be reportable,
regardless of whether it contains water or is dry at the time of the spill.
 May still be considered “Waters of the U.S.”
•
“Waters of U.S.” arguments/positions
− Being formed by case law
− District Courts have differing opinions
• Consider how your company will address the issue
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Chemical Spill Reporting
• Under Emergency Planning and Community Right-to-Know Act
(EPCRA) of 1986 EPA designated:
 Hazardous Substances - several hundred chemicals
 “Extremely Hazardous Substances (EHS)” - and several hundred
more as based on their acute lethal toxicity
• EPCRA requires that the owner or operator of a facility that releases a
hazardous substance or EHS in an amount greater than the RQ to notify the
SERC and LEPC established in the location where the incident occurs.
• Refer to the RQ Tables to make determination:
 CERCLA Hazardous Substances and RQs (See 40 CFR §302.4, Table
302.4)
 CERCLA Extremely Hazardous Substances and RQs (Appendices A & B)
(See 40 CFR §355, Appendix A, alphabetical order, and Appendix B, in
order of CAS Number)
 Hazardous Substances with CWA-Designated RQs (See 40 CFR §117.3)
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Chemical Spill Reporting
• SARA Extremely Hazardous Substances (EHS)
− Release of Reportable Quantities (EHS RQ)
− Report to State and Local Emergency Response
Committees
− A written follow-up report to the SERC and LEPC is also required “as soon as
practicable” after the occurrence of the release.
• CERCLA Hazardous Substances
− Release of Reportable Quantities in any 24-hour period
(CERCLA RQ) - Report to:
− National Response Center
− State Emergency Response Commission
− Local Emergency Planning Committee
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Federal Reportable Releases
• All reportable releases of a hazardous substance or oil spills must be
reported to the National Response Center (NRC) as soon as possible (40
CFR §110.6 & §302.6).
 National Response Center: 1-800-424-8802
 Or report electronically at: www.nrc.uscg.mil/report.htm
• The NRC is staffed 24 hours a day by trained U.S. Coast Guard personnel.
• The NRC relays the release information to an EPA or U.S. Coast Guard OnScene Coordinator (OSC), depending on the location of the incident.
 OSC’s are on-call and ready to respond to an oil or hazardous substance
release at any time of day.
 The NRC records and maintains all hazardous substance releases and oil
spills reported to the federal government in the Emergency Response
Notification Systems database.
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Federal Reportable Releases
• When reporting a release to the NRC expect to be asked the
following information:
 Name, location, organization, and telephone number of reporting party
 Name and address of responsible party
 Date and time of the incident
 Location of the incident
 Source and cause of the release or spill
 Types of material(s) released or spilled
 Quantity of materials released or spilled
 Medium (e.g., land, water) affected by release or spill
 Danger or threat posed by the release or spill
 Number and types of injuries or fatalities (if any)
 Weather conditions at the incident location
 Identification of transportation vehicle
 Whether an evacuation has occurred
 Whether other agencies have been notified
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Spill Reporting
• Caution: Be aware of differences between Federal and
specific state’s reporting requirements including:
 RQs. Some states may have an RQ different from/more
stringent than the Federal RQ which triggers notification.
 Texas
− TCEQ Reportable Quantities (See 30 TAC §101.1 & §327.4)
 Louisiana\
− LDEQ Determination and Use of Reportable Quantity (See 33
LAC.I.3927 & 3931)
 Time Frames. Some states may have more stringent
requirements regarding the time allowed for reporting a
release/spill.
 Louisiana – 1 hour standard
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Texas Revised RQ
• As an example, TCEQ has a revised RQ for
releases to water as follows:
 A release of hazardous substance to water equal to or
greater than the RQ or 100 lbs, whichever is less must
be reported to the TCEQ Regional Office ASAP, but within
24 hours. (30 TAC §327.3(b) & (c) and 327.4(a)(2))
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Louisiana 1-Hour Notification Limit
• Louisiana Office of State Police/DPS 24-Hour Louisiana
Emergency Hazardous Material Hotline (DPS automatically
notifies the Louisiana Department of Environmental Quality)
 In the event of an unauthorized discharge that does cause
an emergency condition, the discharger shall notify the
hotline by telephone at (225) 925-6595 (collect calls
accepted 24 hours a day) immediately (a reasonable
period of time after taking prompt measures to determine
the nature, quantity, and potential off-site impact of a
release, considering the exigency of the circumstances),
but in no case later than one hour after learning of the
discharge. (33LAC:I.3915)
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Releases to Air
• In general, notification of releases to the
atmosphere of one of the following is typically
required:
 Release of a hazardous substance above the
RQ
 Emissions in excess of the permitted limit (by
regulation or by permit); sometimes called
“unauthorized discharges” or “unauthorized
emissions”
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Releases to Air
• NOx Upset Administrative Exemption
− Reportable Quantity increased to 1000 lbs/24
hrs (from previous level of 10 lbs)
− Previous exemption did not cover upsets due to
accidents & malfunctions (which essentially
made the exemption useless)
− Change effective November 3, 2006
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Texas Air Reporting Requirements
• Opacity/Visible Emissions
− Process/continuous flares
require daily observation w/ log
− Emergency flares must be
observed when they operate
• Exceedance of limitation requires Emission
Event reporting
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Texas Air Reporting Requirements
• Opacity cannot exceed 20% averaged over a 6-minute period for any
vents or stacks.
• Visible emissions from process flares are not permitted for more than
5 minutes in any 2-hour period.
• Excess opacity events, which are defined as an opacity reading of an
additional 15 percentage points above a limit, must be reported to the
TCEQ as an unauthorized emission.
• Therefore, opacity of 16% for flares (assuming 1% is visible
threshold), would be reportable. (see 30 TAC §101.1, §101.201(e) &
§111.111)
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Texas Air Reporting Requirements
•
Emission Event & Maintenance/Startup/ Shutdown rules
− Emission Events (a.k.a. “Upsets”) Notifications
− Must determine no later than 24 hours after discovery of upset if the upset is reportable
− Requires a follow-up written report within 2 weeks after the end of the upset. This report
must be submitted to the TCEQ if the written report is different from the 24-hour report
− Maintenance/Startup/Shutdown Notifications
− TCEQ must be notified of M/S/S activities that will (or might) exceed the reportable
quantity at least 10 days prior to the event
− If 10 days cannot be given then notify as soon as possible prior to the event
− A follow-up written report within 2 weeks after the end of the M/S/S event must be
prepared. It must be submitted to the TCEQ if a reportable quantity is exceeded
− Affirmative Defense Required – are actions being taken:
− to reduce the frequency of EEs?
− to reduce the quantity of emissions?
− to reduce the duration of events?
− to address the other criteria of the rules used by the TCEQ to investigate these
activities?
•
Events entered into STEERS online reporting system – data in STEERS made available to
public
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Texas Oil Spill Reporting Requirements
Oil Spill
Notify
Timeframe
Crude Oil
Petroleum Products
and Used Oil
TCEQ
800-832-8224 or
TCEQ Regional Office
ASAP, but w/in 24
hrs
To Land: > 5 bbls (30 TAC
§327.4(b)(1)(A))
To Land: > 25 gallons (30
TAC §327.4(b)(2)(A);
TAC §324.15)
TCEQ
800-832-8224 or
TCEQ Regional Office
ASAP, but w/in 24
hrs
To Water: Quantity creating
sheen (30 TAC
§327.4(b)(1)(B))
To Water: Quantity creating
sheen (30 TAC
§327.4(b)(2)(C))
RRC, District Office
Immediate (by
telephone or
telegraph)
To Land: > 5 bbls (16 TAC §3.20(a) and (b) and §3.91(e)(1))
RRC
Immediate (by
telephone or
telegraph)
To Water: Any quantity (16 TAC §3.91(e)(3))
GLO
800-832-8224
Immediate (w/in 1
hour of
discovery)(31
TAC §19.32)
Unauthorized Discharge (~harmful quantity of oil into coastal
waters) (31 TAC §19.2(a)(16))
National Response Center
800-424-8802
Immediate (as soon
as one has
knowledge of
the discharge)
(40 CFR
§110.6)
Discharge of oil in harmful quantity (~Causes film, sheen, or
discoloration of the surface of the water or adjoining
shorelines or causes a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining
shorelines) (40 CFR §110.3)
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Texas Chemical Spill Reporting
Requirements
Notify
Timeframe
Chemical Spill
TCEQ
800-832-8224 or
TCEQ Regional Office
ASAP, but w/in 24 hrs
To Land: > RQ in 40 CFR §302.4 (30
TAC §§327.4(a)(1))
TCEQ
800-832-8224 or
TCEQ Regional Office
ASAP, but w/in 24 hrs
To Water: > RQ in 40 CFR §302.4 or 100
lbs whichever is less (30 TAC
§§327.4(a)(1))
RRC, District Office
Immediate
> RQ of Hazardous Oil and Gas Waste (16
TAC §3.98(x)(1)(A))
National Response Center
800-424-8802
Immediate (as soon as
one has
knowledge of the
discharge) (40
CFR §110.6)
Release of > RQ of CERCLA Hazardous
Substance in any 24-hr period into
environment (40 CFR §302.6)
LEPC
Immediate (40 CFR
§355.40(b)(1))
Release of > RQ of EHS or CERCLA
Hazardous Substance if LEPC’s area
likely to be affected by the release (40
CFR §355.40(a) and (b))
SERC
Immediate (40 CFR
§355.40(b)(1) and
30 TAC
§327.3(i)(2))
Release of > RQ of EHS or CERCLA
Hazardous Substance if SERC’s area
likely to be affected by the release (40
CFR §355.40(a) and (b))
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Texas Air Emissions Reporting Requirements
Notify
Timeframe
Air Emissions
TCEQ Regional Office
ASAP, but w/in 24 hrs
of discovery (30
TAC
§101.201(a)(1))
Reportable Emissions Event, i.e.,
Generally, an unauthorized emission
> RQ or applicable permit limit,
whichever is less (30 TAC
§101.201(a))
National Response Center
Immediate (as soon as
one has
knowledge of the
discharge) (40
CFR §110.6)
Release of > RQ of CERCLA Hazardous
Substance in any 24-hr period into
environment (40 CFR §302.6)
LEPC
Immediate (40 CFR
§355.40(b)(1))
Release of > RQ of EHS or CERCLA
Hazardous Substance if LEPC’s area
likely to be affected by the release (40
CFR §355.40(a) and (b))
SERC
Immediate (40 CFR
§355.40(b)(1) and
30 TAC
§327.3(i)(2))
Release of > RQ of EHS or CERCLA
Hazardous Substance if SERC’s area
likely to be affected by the release (40
CFR §355.40(a) and (b))
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Other Texas Reporting Requirements
Must Notify
Timeframe
Other Incidents
Fire or Blow-out
(16 TAC §3.20(a)(1) and (b))
RRC, District Office
Immediate
Accidental Release of Hydrogen Sulfide
sufficient to present a hazard, any
H2S-related accident, and/or
Activation of H2S Contingency
Plan
(16 TAC §3.36(c)(9)(N)(ii) & (iii) and
(c)(14))
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Written Notification
• Written notification may be required:
Initially
As follow-up to initial notification (e.g., via
telephone, on-line reporting) written
follow-up is often required.
• Written notification not required by NRC.
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Written Notification
• Written Notification Examples:
 Submit Form H-8 to TX Railroad Commission District Office within 30 days of
discovery for any crude oil spill > 5 bbls (16 TAC §3.91(e)(1))
 Immediately report to the TX Railroad Commission District Office, by letter, any
breaks or leaks in or from tanks or other receptacles and pipelines from which oil
is escaping or has escaped where the oil loss exceeds 5 bbls. (16 TAC
§3.20(a)(2) & (b))
 For each crude oil spill > 25 bbls (in addition to the report required for spills > 5
bbls) a final report must submitted to the appropriate TX Railroad Commission
District Office upon completion of the cleanup of the site. (16 TAC 3.91(e)(2))
 Submit written information, such as a letter, describing the detail of the discharge
or spill and supporting the adequacy of the response action to the TCEQ Regional
Manager within 30 days of the discovery of the TCEQ reportable discharge or spill.
(30 TAC §327.5(c))
 Submit an “Unauthorized Discharge Report” to LDEQ within 7 calendar days of
initial notification.
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Questions
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U.S. Coast Guard Area Marine Safety
Offices
• Mobile, Alabama: 334-441-5121
• New Orleans, Louisiana: 504-589-6261
• Morgan City, Louisiana: 985-380-5320
• Port Arthur, Texas: 409-723-6509
• Houston/Galveston, Texas: 713-671-6100
• Corpus Christi, Texas: 361-888-3162
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Texas Railroad Commission –
District Offices
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Texas Railroad Commission –
District Offices
District
Director
Phone
Fax
Address
1&2
Tom Melville
(210) 227-1313
(210) 227-4822
115 E. Travis St, Suite 1610
San Antonio, TX 78205-1689
3
Guy Grossman
(713)-869-5001
(713) 869-9621
1706 Seamist Dr, Suite 501
Houston, TX 77008-3135
4
Fermin Munoz,
Jr.
(361) 242-3113
(361) 242-9613
P.O. Box 10307
Corpus Christi, TX 78460-0307
5&6
Michael O’Quinn
(903) 984-3026
(903) 983-3413
619 Henderson Blvd
Kilgore, TX 75662-5998
7B
Joe Cress
(325) 677-3545
(325) 677-7122
2444 N. First St, Suite 600
Abilene, TX 79603
7C
Don Horner
(325) 657-7450
(325) 657-7455
622 S. Oakes St, Suite J
San Angelo, TX 76903
8 & 8A
Mark Henkhaus
(432) 684-5581
(432) 684-6005
Conoco Towers
10 Desta Dr., Suite 500E
Midland, TX 79705
9
Walter Gwyn
(940) 723-2153
(940) 723-5088
901 Indiana Ave, Suite 600
Wichita Falls, TX 76301-6798
10
Lindsay
Patterson
(806) 665-1653
(806) 665-4217
P.O. Box 941
Pampa, TX 79066-0941
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Texas Commission on Environmental Quality
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Release/Incident Reporting Flowcharts
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