Hazardous Waste Exclusion Plan - Arkansas … · Hazardous Waste Exclusion Plan ... testing requirements, ... drill cuttings, produced water, flow-back water, bentonitic clays,

Hazardous Waste Exclusion Plan

Bulking Facility Southern Mud Company, LLC

El Dorado, Arkansas Permit No. 5077-WR-4

AFIN: 72-00144

March 2014 Project No. 35117152

Prepared for: Southern Mud Company, LLC

940 Armer Road El Dorado, Arkansas 71730

(870) 862-2905

Prepared by: Terracon Consultants, Inc. 25809 Interstate 30 South

Bryant, Arkansas 72022 (501) 847-9292

Hazardous Waste Exclusion Plan Southern Mud Company, LLC El Dorado, Arkansas March 2014 Project No. 35117152

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Table of Contents

1.0 PURPOSE ............................................................................................................................................... 1

2.0 IDENTIFICATION AND SCREENING PROTOCOLS ............................................................................ 3

3.0 SAMPLING AND ANALYSIS PROCEDURES....................................................................................... 5

4.0 RANDOM INSPECTION PROCEDURES .............................................................................................. 6

5.0 PERSONNEL TRAINING ....................................................................................................................... 7

6.0 RECORD KEEPING ............................................................................................................................... 8

7.0 CONTINGENCY PLAN ........................................................................................................................... 9

List of Attachments

Attachment A No-Discharge Permit 5077-WR-4 Attachment B Paint Filter Test Form Attachment C Material Rejection and Removal Procedures Attachment D Random Inspection Form Attachment E Special Waste Authorization Forms


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1.0 PURPOSE This document comprises the "Hazardous Waste Exclusion Plan" (HWEP) for the Southern Mud Company Bulking Facility located in El Dorado, Arkansas. The document is intended to comply with Specific Conditions 12 and 13 of Permit 5077-WR-4. The HWEP provides pre-acceptance procedures for determining the acceptability of materials pursuant to facility permit conditions, operational capabilities and state and federal regulations. This program is designed to monitor incoming loads and verify that it complies with the pre-acceptance conditions and the provisions of No-Discharge Permit 5077-WR-4, issued by the Arkansas Department of Environmental Quality (ADEQ). Attachment A provides a copy of Permit 5077-WR-4. This HWEP describes methods, precautions and controls to determine, record, and monitor incoming materials in order to detect and prevent entry of regulated hazardous wastes or other unpermitted materials. Hazardous Wastes are defined in the current Regulation No. 23 and/or by the Federal government under the Resource Conservation and Recovery Act (RCRA) and subsequent amendments. This HWEP is written in order to define criteria for the rejection and removal of any unpermitted material or regulated hazardous waste determined unacceptable by the Facility Permit, Federal or State of Arkansas Rules and Regulations. Specific Conditions 12 and 13 in Part I, Section A of No-Discharge Permit 5077-WR-4 requires the facility to implement and maintain a written plan for detecting and preventing the acceptance of regulated hazardous wastes as defined in APC&EC Reg. No. 23. The Plan shall include, at a minimum: Purpose of monitoring and identification of responsible personnel and their roles;

A written protocol that describes the methods to identify and screen potentially hazardous waste before it enters the facility. The written protocol shall describe the procedures, evaluation criteria, testing requirements, and decision making process that wiII be followed to determine whether to accept or reject waste before the waste enters the facility;

A written protocol for random inspections of incoming loads unless the owner or operator takes other steps to ensure that incoming loads do not contain regulated hazardous wastes;

Training of appropriate facility personnel to recognize regulated hazardous wastes; and

Notification must be sent to the Department if a regulated hazardous waste is discovered at the facility under the requirements of Condition No. 13 of Part II Section A (Reporting of Violations and Unauthorized Discharges).

The permittee shall keep records of random inspections and training performed under the plan in Condition No. 12 of Part I Section A on site for a minimum of three (3) years



This HWEP is designed to provide a reference and directive for Facility operators and managers who are in contact with the incoming materials on a daily basis. The program is intended to provide clear direction to facility personnel for ensuring that only approved materials are accepted at the Southern Mud Company Bulking Facility. 1.1 Facility Description Southern Mud Company, LLC (SMC) owns and operates a bulking facility located near El Dorado, Arkansas in accordance with No Discharge Permit 5077-WR-4 . The site is generally located in Section 35, Township 17 South, Range 15 West in Union County, Arkansas. The site consists of approximately 40 acres, of which approximately 8 acres are designated for bulking operations. Access to the site will only be permitted during the hours when operating personnel are on site. The facility is designed to receive fluids produced off-site by natural gas drilling operations. The fluids allowed for on-site storage are fresh water, water-based drilling mud, drill cuttings, produced water, flow-back water, bentonitic clays, chemical additives, barite, foaming agents, lubricants, and emulsifiers. In addition, stormwater and process water collected at various industrial facilities that are documented to be non-hazardous may be accepted for bulking at the Southern Mud Company facility. The fluids will be delivered to the site daily by tanker trucks and placed into one of six bulking pits. Once the material is delivered to the site, the following process is followed: The material is mixed thoroughly with a bulking agent; A paint filter test (see Attachment B) is performed on the bulked material to verify the

absence of free liquids. If the material does not pass the paint filter test, additional bulking agent is blended with the material. This process is repeated until the bulked material passes the paint filter test.

Once the material has passed the paint filter test, it is loaded, transported and disposed of at a permitted municipal solid waste landfill.

Any materials that require special handling precautions and/or disposal procedures by the Facility, beyond normal activities associated with daily operations, should be considered as special materials. Special materials include industrial liquids that must be characterized, sampled and laboratory tested by the generator for toxicity characteristics in accordance with Part 261 of the ADEQ Regulation 23. The generator of the material is responsible for sampling and laboratory testing. Only non-hazardous materials can be accepted at the Southern Mud Company Bulking Facility. The process of determining if a special material from an industry can be received is presented in Section 3.0 of this HWEP. A General Special Material Acceptance Record and a Generators Material Profile Sheet are provided in Attachment E.



2.0 IDENTIFICATION AND SCREENING PROTOCOLS Pre-acceptance procedures determine if the material contains (1) hazardous wastes, and (2) other un-permitted materials. The pre-acceptance procedures determine whether to accept or reject a particular material for receipt. The procedures are based on the facility permit and the current state and federal regulations on hazardous waste classification. Pre-acceptance requirements determine what information a material generator must provide to the Facility in order to determine the acceptability of the material for receipt. Special materials accepted under the pre-acceptance procedures, at a minimum, will be specifically approved in writing. The documentation and approval procedures used during the pre-acceptance of an applicable material are outlined below.

The generator must provide signed documentation (see Attachment E) which provides the following: Name of the material generator;

Facility address of site generating the material;

Contact name of the party responsible; and

Characterization of the material type:

name of the type of material; process generating the material; special handling instructions; if required; pertinent physical, chemical and shipping information; analytical testing information, if appropriate; and certification that the material is non-hazardous and does not contain regulated

radioactive materials. Once received, all documentation will be reviewed by the Facility manager. If the information confirms that the waste is (1) non-hazardous and (2) within the scope of materials acceptable for receipt, the Facility manager will recommend approval of the material by completing and signing acceptance documentation. Any condition, limitation, special management methods, etc., will be noted. Once approved for receipt, the material generator may be required to notify the Facility and to schedule the delivery of the material so that the Facility's operation and efficiency will not be impaired. The Facility has a record keeping system for tabulating incoming material deliveries. All records will be maintained for a minimum of three years as required by No-Discharge Permit 5077-WR-4. The pre-acceptance and incoming waste procedures limit and control the access to the site. Facility personnel receive training in regulatory compliance which provides a review of applicable state regulations with emphasis on the identification and exclusion of hazardous



wastes and safety measures to be implemented when hazardous wastes are encountered. The controlled and documented entry of incoming waste loads by trained personnel will reasonably ensure exclusion of prohibited waste. Upon arrival at the facility, if the material appears to be significantly different from the pre-acceptance documentation (e.g. significantly inconsistent with pre-acceptance documentation), the truck will not be allowed to unload. The material generator will be notified of the difference in material characteristics. No unapproved material, or documentation, will be accepted for receipt. The Facility manager reserves the right to reject any load at any time. The Facility manager may consult other appropriate technical personnel prior to a final determination. Loads will be visually inspected at the Facility by operation personnel. In the event the material is determined to be a hazardous, or other regulated material excluded by the facility permit, the Facility manager will be notified. Material rejection and removal procedures may be initiated under a contingency plan similar to that presented in Attachment C. If the delivery process indicates the material is approved and all required information is documented, the truck will be directed to proceed to the appropriate unloading area. The Facility has developed and is implementing a program for detecting and preventing the disposal of regulated hazardous wastes as defined in 40 CFR 261. This program includes the following: Inspections of Incoming Waste Loads

Visual observation of incoming material shipments by a trained individual; Minimum random inspection frequency; and Special attention given to shipments from industrial waste generators.

Record-keeping Procedures Documentation of questionable materials identified; and Record maintenance required for a minimum of three years.

Training Employee training to address identification, handling, and safety associated with

hazardous materials; and Documentation of training maintained in the Facility permanent operating record.

Notification Notification to the ADEQ if a regulated hazardous waste is discovered at the Facility.



3.0 SAMPLING AND ANALYSIS PROCEDURES The Facilitys policy is that it is the shippers responsibility to demonstrate that the material they carry is acceptable according to all applicable rules and regulations of the Facility. The Facility reserves the right to refuse a shipment if any Facility personnel suspects that any amount of material, no matter how small, may be found to be unacceptable by Facility, Federal or State of Arkansas Rules and Regulations. If a shipment is refused, the shipper shall have the suspect material tested at a laboratory, certified by ADEQ. All fees associated with the testing will be the responsibility of the shipper. Only if the laboratory tests prove that the material is acceptable for receipt will the shipper be allowed to deposit the material at the Facility. Any shipment of material that enters the property may be subject to a random inspection, as per Section 5.0 of this HWEP, in order to determine if regulated hazardous are present.



4.0 RANDOM INSPECTION PROCEDURES Special Condition 12 of Permit 5077-WR-4 requires the use of random inspections of incoming loads as an important tool for detecting and preventing the disposal of regulated hazardous wastes. Facility personnel will conduct random load inspections in accordance with a prescribed procedure and documentation will be maintained at the Facility office for a minimum of three years. A reasonable number of inspections will be conducted each month. The procedures for conducting a random load inspection are: A designated person (equipment operator, Facility manager, etc) will be responsible for

random load inspections;

The load to be inspected will be chosen at random;

After the load has been designated for inspection, the driver of that vehicle will be notified and the vehicle directed to a designated location of the Facility;

A portion of the load will be discharged for inspection, the driver of the load will be invited to monitor the inspection process;

Any material found to be unacceptable for receipt will be returned to the vehicle; and

A random load inspection form will be completed by the inspector and may be signed by the driver of the vehicle (not required).

If the entire material load is refused for receipt, the material generator will be notified. The company name and phone number will be documented on the random inspection form. Attachment D presents a copy of a typical random inspection form.

The random inspection form will be maintained in the Facility office.

In accordance with Specific Condition 12 of No-Discharge Permit 5077-WR-4, notification will be made to the ADEQ (within 24 hours) if a regulated hazardous waste is discovered at the facility under the requirements of Condition 13 of Part II, Section A of the Permit.



5.0 PERSONNEL TRAINING The safety of Facility employees is a primary concern. Individual employees are responsible for screening hazardous wastes and knowing their duties and responsibilities. Facility personnel will be trained at least annually on waste screening. New employees will be trained in the correct use of personal protective equipment (PPE). This training will include proper identification of unacceptable wastes at the Facility and the documentation of random load inspections. The training records for each employee will be maintained at the Facility office.



6.0 RECORD KEEPING The Facilitys record keeping consists of the following: Special material acceptance documentation as required in Section 3;

Random load inspection forms; and

Training records for employees involved with material acceptance and random load inspections.

These records will be placed in the Facilitys operating record and will be made available to ADEQ upon request.



7.0 CONTINGENCY PLAN The procedures and information provided in this HWEP are prepared to prohibit the acceptance of unapproved materials and regulated hazardous waste at the Facility. In the event that unpermitted materials are found to have been received at the Facility, this contingency plan will be developed. A single contingency plan cannot address all the different types of unacceptable materials which could be incidentally delivered to the site. A specific plan, depending on the type and quantity of materials to be dealt with, will be prepared on a case by case basis. The contingency plan will consist of: Determination that the material is a regulated hazardous waste;

Verification that the material is a special material and poses a risk to the health and safety of the employees or the general public;

Notification to the ADEQ of the specific unacceptable material;

Preparation of a material rejection and removal procedure with submittal to the ADEQ, similar to or adapted from the Contingency Plan in Attachment C; and

Implementation of the plan and final notification to the ADEQ. .


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Attachment A No-Discharge Permit 5077-WR-4

ADEQ ARK A N S A S Department of Environmental Quality

CERTifIED MAIL RETURN RECEIPT REQUESTED: (91 71999991 703049067491)

Shane Barnette Southern Mud Company, LLC 940 Armer Road El Dorado, AR 71730

RE: Minor Modification; AFIN No. 70-01210; Permit No. 5077-WR-4

Dear Mr. Barnette:

The DepaI1ment received a request for a minor modification for the above referenced facility on 8/5/2013. The permit is being modified to incorporate the following changes:

1. Revised Condition No. 1 of PaI1 I Section A to allow the facility to receive stormwater and process water collected at various industries that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility may be acceptable for receipt.

2. Added Condition Nos. 12 and 13 to PaI1 I Section A and added a schedule of compliance to PaI1 I Section B. The new conditions are for the implementation of a plan that will demonstrate to the DepaI1ment how the facility prevents regulated hazardous wastes from being accepted at the facility.

This modification is considered a minor modification under APC&EC Regulation No. 8.103(W). Please see No. 14 of the Statement of Basis for more information. The enclosed updated Permit and Statement of Basis reflect this change.

If you have any questions, please contact Katherine Yarbeny of my staff at (501) 682-0647 or by email at [email protected].

Sincerely 6. C)l,PE cl

Permits Branch Ma~~Jr Water Division

JB:kay

Enclosures

Cc: Brad Fureigh, Terracon, [email protected] File (AFIN No. 70-01210; Permit No. 5077-WR-4)

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LlTILE ROCK / ARKANSAS 72118-5317/ TELEPHONE 501 -682-0744/ FAX 501-682-0880

www.adeq.state.ar.us

Permit No. 5077-WR-4 AFIN 70-01210

AUTHORIZATION FOR A NO-DISCHARGE WATER PERMIT UNDER THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT

In accordance with the provisions of the Arkansas Water and Air Pollution Control Act (A.C.A. Sec. 8-4-101 et seq)

Southern Mud Company, LLC 940 Armer Road EI Dorado, AR 71730

is authorized to operate a drilling fluids, non-hazardous stormwater, and non-hazardous process water waste storage facility. All wastes eligible for storage at this facility are listed in Pali I Condition 1 of the permit. The facility is located in Union County, Arkansas. The facility is located at the following coordinates:

Latitude: 33 12' 14" N Longitude: 92 36' 50" W

The facility is located 110 feet from a tributary of Boggy Creek in Stream Segment 2D of the Ouachita River basin.

Operation shall be in accordance with all conditions set forth in this permit.

Effective Date: August 1,2010

Modification Effective Date: February 1,2014

Expiration Date: July 31,2015

Ry Benefield, P.E. Deputy Director Arkansas Department of Environmental Quality

7 I Issue Date

Part I

SECTION A - SPECIFIC CONDITIONS

Page 1 of Part I Permit No. S077-WR-4

AFIN 70-01210

1. This permit is for the operation of a waste storage facility for drilling fluids, non-hazardous stormwater, and non-hazardous process water. Fluids allowed for storage include fresh water, oil-based drilling mud, water-based drilling mud, drill cuttings, produced water, flow-back water, bentonitic clays, chemical additives, barite, foaming agents, lubricants and emulsifiers generated during oil and gas drilling operations. In addition, stormwater and process water, from various industries, that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility may be acceptable for receipt. All wastes accepted for storage under this permit must not be considered hazardous as defined in APC&EC Regulation 23.

2. Waste shall not be discharged from this operation to the waters of the State or onto the land in any manner that may result in runoff to the waters of the State.

3. The waste storage system shall be constructed and operated in accordance with the September 16, 2011 (revised July 2013) Waste Management Plan (WMP) as approved by the Department.

4. Operations shaII not commence for new waste storage facilities until the pennittee has obtained written approval from the Department. After construction is complete, the consultant must submit a construction celiification, signed and stamped by an Arkansas registered Professional Engineer, to the Department stating that the facility was constructed according to the final plans approved by the Department. The construction celtification must include documentation demonstrating, at a minimum, conformance with the facility's design in the approved Waste Management Plan. After receiving construction certification, the Department may issue a letter of authorization to commence operation of the new waste storage facilities. Operation of the new waste storage facilities shall not commence until the Department has issued a letter of authorization to operate.

5. Solid material accumulated in the waste storage dike, pits or vessels shall be removed as necessary to maintain the basin's design volume and to protect the storage system. Solids collected in the basin shall be disposed by methods in accordance with the WMP approved by the Department. All concrete storage basins shall maintain a freeboard of two (2) feet at all times.

6. The permittee must keep current records of the material received and stored in the facility, as well as the materials shipped from the facility. For the incoming waste the records must include: volumes of the waste, the name of the waste generator, type of waste, transpolier AOGC pem1it number, and date received. For the outgoing waste the records must include: volumes of the waste, the name of the entity receiving the waste, type of waste, transpOlter AOGC permit number and shipping date.

7. Should the facility under this permit cease operations, the permittee shall submit to the Department, for approval, a closure plan for the system storage structures within sixty (60) days of the final day of operation.

8. Financial Assurance in the form of a financial mechanism that demonstrates to the Department's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of Ark. Code Ann. 8-4-203( c)( 1 )(B)(iii) is required prior to permit issuance.

of Part I Permit No. 5077-WR-4

AFIN 70-01210

9. On or before August 15 of each year, a permittee shall submit to the Department for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the depmiment. (Ark. Code Ann. 8-4-203(c)(1)(D)(iii.

1 O. On or before September 15 of each year, the Department must receive documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year or the depmiment shall initiate procedures to take possession of the funds guaranteed by the financial assurance and suspend or revoke the facility's permit as defined in Ark. Code Ann. 8-4-203( c)(1 )(F)(ii)(b).

11. On or before October 1 of each year, the permittee must rene\\' or replace its irrevocable financial mechanism, submit an updated closure plan and detailed cost estimate pursuant to the financial assurance requirements of Ark. Code Ann. 8-4-203(c)(I)(B).

12. The permittee must implement and maintain a written plan for detecting and preventing the acceptance of regulated hazardous wastes as defined in APC&EC Reg. No. 23. This plan shall include, at a minimum:

A. Purpose of monitoring and identification of responsible personnel and their roles; B. A written protocol that describes the methods to identify and screen potentially hazardous waste

before it enters the facility. The written protocol shall describe the procedures, evaluation criteria, testing requirements, and decision making process that wiII be followed to determine whether to accept or reject waste before the waste enters the facility;

c. A written protocol for random inspections of incoming loads unless the owner or operator takes other steps to ensure that incoming loads do not contain regulated hazardous wastes;

D. Training of appropriate facility personal to recognize regulated hazardous wastes; and E. Notification must be sent to the Department if a regulated hazardous waste is discovered at the

facility under the requirements of Condition No. 13 of Part II Section A (RepOliing of Violations and Unauthorized Discharges).

13. The permittee shall keep records of random inspections and training performed under the plan 111 Condition No. 12 of Part I Section A on site for a minimum of three (3) years.

SECTION B - SCHEDULE OF COMPLIANCE

Page 3 of Part I Permit No. 5077-WR-4

AFIN 70-01210

The permittee shall achieve compliance with the requirements of this permit in accordance with the following schedule:

1. Compliance with all permit conditions with the exception of Condition 12 of Part I Section A is required on the effective date of the permit.

2. Within ninety (90) days of the permit's modification effective date, the permittee must submit a plan to achieve compliance with Condition 12 of Part I Section A. Compliance with Condition 12 of Part I Section A is required upon receipt of the Depattment's written approval of the plan.

Part II Standard Conditions

SECTION A - GENERAL CON])ITIONS

1. ])utv to Comply

Page 1 of Part II Permit No. 5077-WR-4

AFIN 70-01210

The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Arkansas Water and Air Pollution Control Act (Act 472 of 1949 as amended) and is grounds for enforcement civil and administrative enforcement action, for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

2. Penalties for Violations of Permit Conditions

The Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended) provides that any person who violates any provisions of a permit issued under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (l) year, or a fine of not more than twenty-five thousand dollars ($25,000) or by both such fine and imprisonment for each day of such violation. Any person who violates any provision of a permit issued under the Act may also be subject to civil penalty in such amount as the cOllli shall find appropriate, not to exceed ten thousand dollars ($10,000) for each day of such violation. The fact that any such violation may constitute a misdemeanor shall not be a bar to the maintenance of such civil action.

3. Permit Actions

a. This permit may be modified, revoked and reissued, or terminated for cause including, but not limited to the following: 1. Violation of any terms or conditions of this pennit; 11. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; Ill. A determination that the permitted activity endangers human health or the environment

and can only be regulated to acceptable levels by permit modification or termination; IV. Failure of the permittee to comply with the provisions of APCEC Regulation No.9

(Permit fees)

b. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

4. Civil and Criminal Liability

Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of this permit or applicable state statutes or regulations which defeats the regulatory purposes of the permit may subject the permittee to criminal enforcement pursuant to the Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended).

5. Oil and Hazardous Substance Liabilitv


AFIN 70-01210

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 31 1 of the Clean Water Act and Section 106 of CERCLA.

6. State Laws

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pennittee from any responsibilities, liabilities or penalties established pursuant to any applicable State law or regulation.

7. Property Rights

The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.

8. Severabilitv

The provisions of this permit are severable, and if any provision of this penn it, or the application of any provisions of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

9. Permit Fees

The permittee shall comply with all applicable permit fee requirements for no discharge permits as described in APCEC Regulation No. 9 (Regulation for the Fee System for Environmental Permits). Failure to promptly remit all required fees shall be grounds for the Director to initiate action to revoke this permit.

10. Proper Operation and Maintenance

a. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related apPUItenances) which are installed or used by the permittee to achieve compliance with the conditions of this penn it. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

b. The permittee shall provide an adequate operating statf which is duly qualified to carryout operation, maintenance and testing functions required to insure compliance with the conditions of this permit.

11. Duty to Mitigate

Page 3 of Part II Permit No. S077-WR-4

AFIN 70-01210

The permittee shall take all reasonable steps to prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment, or the water receiving the discharge.

12. Removed Substances

Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of waste waters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering the waters ofthe State.

13. Reporting of Violations and Unauthorized Discharges

Any violations to this permit must be reported to the Enforcement Branch of the Department immediately. Any leaks or seeps shall be repOlted to the Department and appropriately corrected. Any discharge from the waste storage system such as an overflow, a broken pipe, etc., shall be immediately reported to the Department.

The operator shall visually monitor and repOlt immediately (within 24 hours) to the Enforcement Branch any unauthorized discharge from any facility caused by dike or structural failure, equipment breakdown, human error, etc., and shall follow up with a written report within five (5) days of such occurrence. The written report shall contain the following:

a. A description of the permit violation and its cause; b. The period of the violation, including exact times and dates; c. If the violation has not been corrected, the anticipated time it is expected to correct the

violation; and d. Steps taken or planned to reduce, eliminate, and prevent the reCUl1"ence of the violation.

RepOlts shall be submitted to the Enforcement Branch at the following address:

Arkansas Depmtment of Environmental Quality Water Division, Enforcement Branch 5301 Northshore Dr. North Little Rock, Arkansas 72118 Fax (501) 682-0910

14. Penalties for Tampering

The Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended) provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or by both such fine and imprisonment.

15. Retention of Records

Page 4 of Part II Permit No. S077-WR-4

AFIN 70-01210

The permittee shall retain records of all monitoring information, copies of all reports required by this permit, and records of all data used to complete the application for this permit for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time.

16. Record Contents

Records and monitoring information shall include: a. The date, exact place, time and methods of sampling or measurements, and preservatives

used, if any; b. The individuals(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The measurements and results of such analyses.

17. Inspection and Entry

The pelmittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or

conducted, or where records must be kept under the conditic)l1s of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the

conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control

equipment), practices, or operations regulated or required under this pemlit, d. Sample, inspect or monitor at reasonable times, for the purposes of assuring permit

compliance any substances or parameters at any location.

18. Planned Changes

The permittee shall give notice and provide the necessary information to the Director for review and approval prior to any planned physical alterations or additions to the permitted facility.

19. Anticipated Noncompliance

The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

20. Transfets

The permit is nontransferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the pelmit to change the name of the permittee and incorporate such other requirements as may be necessary under the Act.

22. Duty to Provide Information


AFIN 70-01210

The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. Information shall be submitted in the form, manner and time frame requested by the Director.

23. Duty to reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The complete application shall be submitted at least 180 days before the expiration date of this permit. The Director may grant pennission to submit an application less than 180 days in advance but no later than the permit expiration date. Continuation of expiring permits shall be governed by regulations promulgated in APCEC Regulation No.6.

24. Signatorv Requirements

All applications, reports or information submitted to the Director shall be signed and certified. All permit applications shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate otlicer means: 1. A president, secretary, treasurer, or vice-president of the corporation in charge of a

principal business function, or any other person who performs similar policy or decision-making functions for the corporation: or

11. The manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b. For a partnership or sole proprietorship: by a general partner or proprietor, respectively; or c. For a municipality, State, Federal, or other public agency; by either a principal executive

officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: 1. The chief executive officer of the agency, or II. A senior executive officer having responsibility for the overall operations of a principal

geographic unit of the agency.

All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described above.

of Part II Permit No. 5077-WR-4

AFIN 70-01210

b. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

c. The written authorization is submitted to the Director.

Certification. Any person signing a document under this section shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

25. Availability of Reports

Except for data determined to be confidential under APCEC Regulation 6, all repolis prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Department of Environmental Quality. As required by the Regulations, the name and address of any permit applicant or permittee, permit applications, permits and effluent data shall not be considered confidential.

26. Penalties fOl" Falsification of Reports

The Arkansas Air and Water Pollution Control Act provides that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this permit shall be subject to civil penalties and/or criminal penalties under the authority of the Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended).

27. Applicable Federal, State, or Local Requirements

Permittees are responsible for compliance with all applicable terms and conditions of this permit. Receipt of this permit does not relieve any operator of the responsibility to comply with any other applicable federal, state, or local statute, ordinance policy, or regulation.

Part III Definitions

Page 1 of Part III Permit No. 5077-WR-4

AFIN 70-01210

"Act" means the Arkansas Water and Air Pollution Control Act (A.C.A. Sec. 8-4-101 et seq.) as amended.

"Applicable water quality standards" means all water quality standards to which a discharge is subject under the federal Clean Water Act and which has been (a) approved or permitted to remain in effect by the Administrator following submission to the Administrator pursuant to Section 303 (a) of the Act, or (b) promulgated by the Director pursuant to Section 303(b) or 303( c) of the Act, and standards promulgated under regulation No.2, as amended, (regulation establishing water quality standards for surface waters of the State of Arkansas.)

"Depal1:ment" means the Arkansas Depaltment of Environmental Quality (ADEQ).

"Director" means the Director of the Arkansas Depaltment of Environmental Quality.

"APCEC" means the Arkansas Pollution Control and Ecology Commission.

QUARTERLY: (1) is defined as a fixed calendar quarter or any patt of the fixed calendar quatter for a non-seasonal effluent characteristic with a measurement frequency of once/quarter. Fixed calendar quatters are: January through March, April through June, July through September, and October through December; or

(2) is defined as a fixed three month period (or any part of the fixed three month period) of or dependent upon the seasons specified in the permit for a seasonal effluent characteristic with a monitoring requirement frequency of once/quarter that does not does not coincide with the fixed calendar quarter. Seasonal calendar quatters May through July, August through October, November through January, and February through April.

SEMI-ANNUAL: is defined as the fixed time periods January through June, and July through December (or any pOltion thereof) for an effluent characteristic with a measurement frequency of once/6 months or twice/year.

ANNUAL or YEARLY is defined as a fixed calendar year or any portion of the fixed calendar year for an effluent characteristic or parameter with a measurement frequency of once/year. A calendar year is January through December, or any portion thereof.

STATEMENT OF BASIS

Page 1 of the Statement of Basis Permit No. 5077-WR-4

AFIN 70-01210

This Statement of Basis is for information and justification of the permit limits only and is not enforceable. This permit decision is for modification of a no discharge operation under permit number 5077-WR-4 and AFfN (file) number 70-01210.

1. Permitting Authority

Arkansas Department of Environmental Quality Water Division, Permits Branch 5301 Northshore Dr. North Little Rock, Arkansas 72118-5317

2. Applicant

Southern Mud Company, LLC. 940 Armer Road EI Dorado, AR 71730

3. Facility Location

The facility located as follows: From EI Dorado, go east on Hwy 63 approx. 1.25 miles, turn south on Industrial Road, go 1.5 miles to the site on right, to the nearest community of EI Dorado in Section 35, Township 17S, Range 15W, in Union County, Arkansas. The facility is located at the following coordinates:

Latitude: 33 12' 14" N Longitude: 92 36' 50" W

This facility is not located in a Nutrient Surplus Area.

4. Waterbodv Evaluation

The facility is located in Stream Segment 2D of the Ouachita River Basin. Surrounding areas were evaluated to determine if any Extraordinary Resource Waters (ERWs), Ecologically Sensitive Waterbodies (ESWs), or impaired streams listed in the 2008 ADEQ 303(d) list are within a ten (10) mile radius of the facility. The results are as follows:

The facility is located 110 feet from a tributary of Boggy Creek. Boggy Creek is a tributary of Bayou de Loutre which is listed in the 2008 ADEQ 303(d) list. Bayou de Loutre is impaired for Zinc, Total Dissolved Solids (TDS), and Sulfates from Resource Extraction, Industrial Point Source, and Municipal Point Source. This facility should not contribute the impairment of Bayou de Lontre due to the distance the facility is from the bayou and this is a No-Discharge Facility. Flat Creek, Salt Creek, and Haynes Creek are also within the 10 mile radius and impaired. However, Boggy Creek is not a tributary of any of these streams.

No Extraordinary Resource Waters (ERW) or Ecologically Sensitive Waterbodies (ESW) were found within a ten (10) mile radius of the facility.

5. Consultant For This Facility

F. Owen Carpenter, P.E. Tenacon Consultants, Inc. 25809 Interstate 30 South Bryant, AR 72022

6. Previous Permit Activity

Previous Permit No.: 5077-WR-3 Effective Date: 5/1 /20 13 Expiration Date: 7/31/2015

Page 2 of the Statement of Basis Permit No. S077-WR-4

AFIN 70-01210

The permittee submitted a minor modification request which was received on 8/5/2013.

Legal Order Review:

There are currently no active Consent Administrative Orders (CAOs) or Notice of Violations (NOVs) for this facility.

Site Visits/Inspections:

On June 28, 2013 an ADEQ inspection of the facility was performed. The inspection was the result of a complaint regarding the use of a neighboring property as part of a pilot study authorized by the Department. The inspection revealed the following violations:

A. The facility had bulking waste located at this unpermitted site (see photos 1-20). The Waste Management Plan for Southern Mud states the bulked material will be "hauled to a permitted Class r solid waste landfill." The original authorization letter for the pilot study at the D and D site stated "This facility must not operate past this date (October 12, 2012) without written permission from the Department". This is violation of Part I, Specific Conditions 3 and 4 of the permit.

B. The facility had bulking waste spilled at the loading area of the unpermitted location (see photos 1-4). This is a violation of Pal"t I, Specific Condition 2 of the permit.

C. The facility had oil and water seeping from the bulking material stored at the unpermitted location (see photos 12-20). This is a violation of Part I, Specific Condition 2 ofthe permit.

The facility responded on August 2, 2013 and reported the steps taken to get the facility back into compliance. The Depmiment responded with a request for more information on August 14,2013.

7. Changes to the Previouslv Issued Permit

A. Revised Condition No. 1 of Part I Section A to allow the facility to receive stormwater and process water collected at various industries that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility may be acceptable for receipt.

B. Added Condition Nos. 12 and 13 to Pmi I Section A and added a schedule of compliance to Part I Section B. The new conditions are for the implementation of a plan that will demonstrate to the Depmiment how the facility prevents regulated hazardous wastes from being accepted at the facility.

I>age 3 of the Statement of Basis Permit No. 5077-WR-4

AFIN 70-01210

C. Updated No.6 of the Statement of Basis to account for recent inspections. D. Revised No. 8 & No. 10 of the Statement of Basis to allow for the receipt of storm water and

process water collected at various industries that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility.

E. Revised No. 14 of the Statement of Basis to justify the minor modification.

8. Applicant Activity

Under the standard industrial classification (SIC) code 1389 or North American Industry Classification System (NAICS) code 213112, the applicant activities are for oil and gas field services. This facility stores fluid produced from natural gas drilling and production as well as stormwater and process water collected at various industries that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility.

9. Financial Assurance

Pursuant to Ark. Code Ann. 8-5-203(c), Financial Assurance in the form of a Letter of Credit for the amount of $39,753.56 must be received prior to issuance of this permit. On or before August 15th of each year, the permittee must submit to the DepaIiment for approval a detailed cost estimate to close and restore the permitted facility. On or before September 15th of each year, the DepaJiment must receive documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year. On or before October 1 of each year, the permittee must renew or replace its irrevocable financial mechanism.

10. Waste Type(s) To Be Stored

The fluids allowed to be accepted at this facility for storage are fresh water, oil-based drilling mud, water-based drilling mud, drill cuttings, produced water, flow-back water, bentonitic clays, chemical additives, barite, foaming agents, lubricants and emulsifiers generated during oil and gas drilling operations as well as stormwater and process water, from various industries, that is considered non-hazardous and is suitable for disposal at a permitted solid waste facility may be acceptable for receipt. Prior to waste acceptance, the facility may request laboratory testing (based on facility type) that will determine if the water is considered non-hazardous and ultimately appropriate for disposal at a permitted Class 1 Landfill. It is anticipated that approximately 30,000 gallons will be delivered to the site on a weekly basis. If it is determined through laboratory testing that the fluids are unsuitable for disposal at a permitted Class 1 Landfill, the fluids will be rejected by the facility.

11. Storage Facility Design

Page 4 of the Statement of Basis Permit No. 5077-WR-4

AFIN 70-01210

The incoming tanker trucks deliver waste to the site daily. Each truck has a capacity of 5,400 gallons and discharge waste into one of six concrete reinforced bulking pits. The four of the pits are approximately 20 feet long by 10 feet wide and 11 feet deep with eight inch thick concrete walls and a capacity of 9,595 gallons each while maintaining a two (2) foot freeboard. The other bulking pits are approximately 22 feet wide by 30 feet long and 11 feet deep with 8 inch thick concrete walls and an operating capacity of 44,435 gallons with a 2 foot freeboard. Once the waste has been unloaded into the bulking pits, excess fluids are pumped from the pits to an onsite frac storage tank of 21 ,000 gallon capacity. The collected excess fluids are transpOlied and disposed of in a permitted Class II OlC well. The permittee intends to utilize the UIC well located at 6582 Moro Bay Hwy, EI Dorado, AR and is permitted under Permit No. AOGC6507.

After free fluids are removed, a bulking agent is added to the pit with a front end loader for solidification of the remaining solids. The bulking agent consists of fly ash, sawdust, rice hulls or other suitable bulking material, and will be mixed with the waste using an excavator.

Upon completion of the bulking process, a paint filter test is administered to the waste, to verifY the absence of free liquids in the waste. Once the material has passed the filter test, the material is loaded into a haul truck and transported to a permitted Class I solid waste landfill facility for disposal.

Stormwater inside the processing area is collected via a sloped grade to a 50 foot by 50 foot by 8 feet deep concrete lined sump with a capacity of 67,245 gallons. The sump is emptied with a vacuum truck and disposed of in an onsite closed top frac tank as needed. The final disposal of the storm water will be in a permitted UIC well at 6582 Moro Bay Hwy, El Dorado, AR under Permit No. AOGC6507.

12. Liner Requirements

The storage facility's liners and structures shall be maintained to prevent leaking or seepage. The pits at this facility use a 60 mil polyethylene synthetic liner located underneath the concrete pit structure.

13. Additional Site Information

Stormwater collected outside of the processing area is directed through ditches and swells to a storm water basin located on the west side of the facility. This storm water is managed in accordance with Individual Industrial Pennit AR0051420.

14. Basis For Permit Conditions

The Arkansas DepaIiment of Environmental Quality has made a tentative determination to issue a permit for the no-discharge facility as described in the application and waste management plan. Permit requirements and conditions are based on regulations pursuant to the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq and Ark. Code Ann. 8-4-201 et seq) and the Recommended Standards for Wastewater Facilities (Ten State Standards).

Standard Conditions

Page 5 of the Statement of Basis Permit No. S077-WR-4

AFIN 70-01210

The conditions applicable to all no-discharge permits have been included in this permit based on best engineering judgment and the authority of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-10 1 et. seq.) and Ark. Code Ann. 8-1-101 et seq.

Addition of Non-Hazardous Storm water and Process water to Condition No. 1 of Pali I Section A

APC&EC Regulation No. 8 defines a Minor Modification as "means a revision of a permit as defined by any other regulation or as determined by the Department to be routine or inconsequential in case-specific circumstances and is not an administrative permit amendment." The Department believes the addition of non-hazardous stormwater and non-hazardous process water collected from various industries to the list of acceptable fluids is inconsequential because the new fluids will be handled in the same manner as any other fluid received at the facility. The receipt of these fluids will also utilize the same storage structures as the drilling fluids which means no physical alterations of the site will be necessary to allow for the receipt of these fluids.

15. Point of Contact

For additional information, contact the technical reviewer at:

Katherine YarbelTY, P.E. Engineer Supervisor Permits Branch, Water Division 530] Northshore Drive NOlih Little Rock, AR 72118-5317 501-682-0647 E-mail: [email protected]

16. Sources

The following Sources were used to draft the permit:

a. APC&EC Regulation No.2, Regulation Establishing Water Quality Standards for Surface Waters of the State of Arkansas.

b. APC&EC Regulation No.8, Administrative Procedures. c. APC&EC Regulation No.9, Fee Regulation. d. Ark. Code Ann. 8-4-101 et. seq., Arkansas Water and Air Pollution Control Act. e. Ark. Code Ann. 4-75-601 et. seq., Arkansas Trade Secrets Act. f. Recommended Standards for Wastewater Facilities, 2004 Edition (Ten State Standards). g. Integrated Water Quality and Assessment RepOli (305(b) Report). h. Application No. 5077-WR-2 received 9/1612011, with additional information received

1127/2012. I. Request for a minor moditication received on 8/5/2013.



Attachment B Paint Filter Test Form

9095B - 1 Revision 2November 2004

METHOD 9095B

PAINT FILTER LIQUIDS TEST

1.0 SCOPE AND APPLICATION

1.1 This method is used to determine the presence of free liquids in a representativesample of waste.

1.2 The method is used to determine compliance with 40 CFR 264.314 and 265.314.

2.0 SUMMARY OF METHOD

2.1 A predetermined amount of material is placed in a paint filter. If any portion of thematerial passes through and drops from the filter within the 5-min test period, the material isdeemed to contain free liquids.

3.0 INTERFERENCES

3.1 Filter media were observed to separate from the filter cone on exposure to alkalinematerials. This development causes no problem if the sample is not disturbed.

3.2 Temperature can affect the test results if the test is performed below the freezingpoint of any liquid in the sample. Tests must be performed above the freezing point and can,but are not required to, exceed room temperature of 25 oC.

4.0 APPARATUS AND MATERIALS

4.1 Conical paint filter -- Mesh number 60 +/- 5% (fine meshed size). Available at localpaint stores such as Sherwin-Williams and Glidden.

4.2 Glass funnel -- If the paint filter, with the waste, cannot sustain its weight on thering stand, then a fluted glass funnel or glass funnel with a mouth large enough to allow at least1 in. of the filter mesh to protrude should be used to support the filter. The funnel should befluted or have a large open mouth in order to support the paint filter yet not interfere with themovement, to the graduated cylinder, of the liquid that passes through the filter mesh.

4.3 Ring stand and ring, or tripod.

4.4 Graduated cylinder or beaker -- 100-mL.

5.0 REAGENTS

5.1 None.


6.0 SAMPLE COLLECTION, PRESERVATION, AND HANDLING

A 100-mL or 100-g representative sample is required for the test. If it is not possible toobtain a sample of 100 mL or 100 g that is sufficiently representative of the waste, the analystmay use larger size samples in multiples of 100 mL or 100 g, i.e., 200, 300, 400 mL or g. However, when larger samples are used, analysts shall divide the sample into 100-mL or 100-gportions and test each portion separately. If any portion contains free liquids, the entire sampleis considered to have free liquids. If the sample is measured volumetrically, then it should lackmajor air spaces or voids.

7.0 PROCEDURE

7.1 Assemble test apparatus as shown in Figure 1.

7.2 Place sample in the filter. A funnel may be used to provide support for the paintfilter. If the sample is of such light bulk density that it overflows the filter, then the sides of thefilter can be extended upward by taping filter paper to the inside of the filter and above themesh. Settling the sample into the paint filter may be facilitated by lightly tapping the side of thefilter as it is being filled.

7.3 In order to assure uniformity and standardization of the test, material such assorbent pads or pillows which do not conform to the shape of the paint filter should be cut intosmall pieces and poured into the filter. Sample size reduction may be accomplished by cuttingthe sorbent material with scissors, shears, a knife, or other such device so as to preserve asmuch of the original integrity of the sorbent fabric as possible. Sorbents enclosed in a fabricshould be mixed with the resultant fabric pieces. The particles to be tested should be reducedsmaller than 1 cm (i.e., should be capable of passing through a 9.5 mm (0.375 inch) standardsieve). Grinding sorbent materials should be avoided as this may destroy the integrity of thesorbent and produce many "fine particles" which would normally not be present.

7.4 For brittle materials larger than 1 cm that do not conform to the filter, light crushingto reduce oversize particles is acceptable if it is not practical to cut the material. Materials suchas clay, silica gel, and some polymers may fall into this category.

7.5 Allow sample to drain for 5 min into the graduated cylinder.

7.6 If any portion of the test material collects in the graduated cylinder in the 5-minperiod, then the material is deemed to contain free liquids for purposes of 40 CFR 264.314 and265.314.

8.0 QUALITY CONTROL

8.1 Duplicate samples should be analyzed on a routine basis.

9.0 METHOD PERFORMANCE

9.1 No data provided.

10.0 REFERENCES

10.1 None provided.


FIGURE 1PAINT FILTER TEST APPARATUS


METHOD 9095BPAINT FILTER LIQUIDS TEST



Attachment C Material Rejection and Removal Procedures



MATERIAL REJECTION AND REMOVAL PROCEDURES If subsequent to acceptance, the Facility receives additional information which may reclassify a material as hazardous, the following rejection and removal procedures will be initiated.

The Arkansas Department of Environmental Quality (ADEQ) will be notified (in accordance with Specific Condition 12 of No-Discharge Permit 5077-WR-4) and all available information concerning the generator, type of material, amount of material, dates of receipt and reason for concern or reclassification will be provided in accordance with 40 CFR 258.20. Then the Facility will develop a Waste Rejection and Removal Plan (WRRP) for the complete removal and subsequent off-site transportation and disposal of the waste material at a Facility permitted to accept the waste as properly classified. The WRRP will address the removal of the waste, specifically required personnel, site preparation, remedial action level/clean-up criteria, remedial activities, disposal of the waste material, final clean-up and decontamination, health and safety, summary of remediation activities and waste removal certifications. The removal certifications may include project photographs, manifest and weight tickets for disposal, field notes, and project health and safety plans, as appropriate.

Introduction

This section presents a Waste Rejection and Removal Plan (WRRP) for the potential removal of waste from the Facility. This WRRP addresses actions to be taken for rejection and removal of a waste from the Facility due to possible acceptance of a waste stream found to be prohibited for acceptance by the Facility permit. Specifically, a waste stream which was certified as non-hazardous by the generator and incoming load documentation but appears to be significantly different from the pre-acceptance documentation. Pre-acceptance requirements include characterization of the material, submittal of supporting documentation, and an analytical verification, if needed, of its chemical composition. No materials are accepted at the Facility for receipt unless pertinent documents in the approval process are completed and are on-site. Records are developed and maintained by Facility personnel for each load. These include generator, material type, date, and quantity for each load. These operational procedures enable the Facility to maintain documentation concerning a each load delivered to the site. Upon notification and analytical confirmation that a received material was classified as regulated hazardous waste, the Facilitys personnel will notify the ADEQ. Additionally, if necessary, the Facility will immediately suspend receipt of further shipments from the generator. The Facility records will be reviewed to determine the quantity of the material accepted. The procedures outlined in this plan will be followed to reject and remove a regulated hazardous waste from the Facility.



Material Rejection and Removal

The unacceptable material will be removed by personnel specifically trained in projects of this nature. A Remedial Services Contractor (RSC) will perform the removal activities with assistance from properly trained Facility personnel. Every effort and control necessary to minimize or eliminate the escape of liquids or waste to the ground, surface waters or the atmosphere to protect human health and the environment will be utilized. The RSC will document the waste removal activities and prepare a project summary report for documentation of all stages of removal. The following outlines the RSC operational and technical approach which may be necessary to perform remedial activities associated with the removal of a material rejected by the Facility.

Mobilization Site Preparation Excavation and Loading of Unacceptable Material Transportation and Disposal of Unacceptable Material Stormwater Control Decontamination of Equipment and bulking pits Demobilization

Project Schedule

The anticipated project schedule will be determined based upon the review of Facility records and is dependent on the type and amount material rejected and required to be removed. The project schedule will allow adequate time frames to complete each task listed above. An on-site Project Manager for the Facility will be selected to work in close association with the RSC during the removal activities. The Project Manager will be responsible for coordination of various aspects of the waste removal and as required notification of state agencies of the project status.

Project Health and Safety Plan

A project health and safety plan will be prepared by the RSC which will establish health and safety protocols for the project in strict accordance with OSHA, USEPA, and/or ADEQ regulatory requirements. The Health and Safety Plan will be included as an appendix to the Project Summary Report. The Health and Safety Plan will address the following items: Preliminary investigation of the site to identify proper health and safety issues;

Training program for RSC personnel presented prior to allowing these individuals to enter the project site;

Establish work zones for the project site. Individual areas within the zones will be delineated based on project activities which may require different levels of personal protection;



Levels of personal protection required based upon a determination regarding the applicability of OSHA Levels A, B, C, or D protection with specified personal protective equipment being provided; and

Emergency response procedures will be established prior to initiation of any RSC on-site operations.

Site Preparation

A review of Facility records will indicate the amounts of the material to be removed and rejected. As a precautionary measure, the Facility will utilize these procedures and personnel experienced in waste removal operation of this type. Prior to initiation of excavation activities, the RSC will erect marked temporary barriers around the designated work zones to exclude vehicular and pedestrian traffic from those zones to areas during and after work hours. The unacceptable material will be removed and loaded directly into trucks for transportation for disposal off-site. Stormwater which comes into contact with any unaccepted material will be routed to a designated area for collection and proper disposal. Removal Strategy

The material will be excavated/vacuumed etc. and loaded directly into transport vehicles for off-site disposal at an approved Facility. Loading of the material will be conducted such that decontamination of the transport vehicle will not be required prior to departure from the Facility. Polyethylene sheeting will be placed adjacent to the trucks to contain potential spillage during the loading process. Waste material spilled during the loading process will be collected and placed into the trucks. If used during removal operations, equipment will be cleaned or decontaminated as necessary. Cleaning will take place directly over a loaded transport vehicle such that all contaminated fluids will be captured. The volume of rinsate anticipated will be effectively contained in the lined truck. Prior to trucks leaving the Facility, they will be visually inspected for potential contact with the removed material outside the trucks lined box. Decontamination of any affected portions of the truck will be performed by dry methods (i.e. scrapping, brushing) and/or steam cleaning as necessary. Documentation shall be made of the visual inspections and decontamination process if applicable. These inspections will be included in the project summary report. A weather proof seal will be provided and secured over each shipment leaving the site. All shipments will comply with applicable regulatory and DOT requirements of the waste material removed. Vehicles used for the transportation of waste material removed from the Facility will be licensed, as required, and will be plainly marked and placarded as specified by the USEPA, ADEQ and DOT regulatory requirements. Equipment operators will visually identify and continue removal activities until the material is



completely removed. Verification of the material removal may be documented utilizing photographs taken prior to and subsequent to excavation which indicate each bulking pit affected is empty. Once the waste removal has been completed, all required inspections will be performed. These inspections will include removing any potentially contaminated soil adjacent to the bulking pits. Disposal of Rejected Material

The rejected material will be transported for proper management to a Facility which is permitted to accept material of the type rejected. The rejected material will be manifested in accordance with all Federal and State regulations as administered by the ADEQ before it is shipped off-site. The Generator of the rejected waste, or its designee, will be responsible for completing manifests for all shipments transported off site. Demobilization

Once the area has been properly decontaminated, the RSC will demobilize its resources from the Facility. The area(s) will be replaced in service in accordance the Facility permit requirements. Project Certification

Each of the various stages of rejection and removal process will be recorded for documentation purposes and placed into a project summary report. Documentation may include photographs, certified survey drawings/records, field reports of excavation procedures, Health and Safety Plan, manifests and waste disposal tickets. Once completed, the project summary report will be placed in the Facility files for a permanent record of the material rejection and removal activity. A copy will be provided to the material generator for their records and files.



At the completion of the rejection and removal activities, as outlined above, the Facility will submit to the ADEQ a certification that the material has been removed in accordance with the specifications of the Material Rejection and Removal Plan. The certification will be signed by the Facility Manager and a registered Professional Engineer. Summary

The WRRP developed by the Facility utilizes safe and environmentally sound procedures for the rejection, removal, and disposal of rejected materials at an alternative Facility permitted to accept the rejected waste. The WRRP includes, but is not limited, the following: Completion of all Facility material acceptance procedures (manifests, etc.);

Compliance with applicable State and Federal Regulations;

Utilization of RSC with personnel experienced in waste removal operations of the nature required;

Project Health and Safety Plan;

Documentation of all stages of the material removal; and

Preparation of a Project Summary Report for ADEQ, Facility and generator files upon project completion.



Attachment D Random Inspection Form

Random Load Inspection Form Southern Mud Company, LLC

INSPECTED BY: INSPECTION DATE:

APPROVED BY: INSPECTION TIME: DESCRIPTION OF INCOMING MATERIAL LOAD

DID YOU FIND?

Hazardous wastes Yes No Ingitable Yes No Corrosive Yes No Reactive Yes No Toxic Yes No

Infectious or Biological wastes Yes No Pesticides or Herbicides Yes No

If any of the above materials are found, notify the Facility Manager immediately. ACTION TAKEN:

NOTE: Completed Inspection forms shall be placed in the Facilitys operating record.



Attachment E Special Material Authorization Forms

Special Material Acceptance Record Southern Mud Company, LLC SMR #

Generator Name:

Contact Name:

Address:

General Material Description:

Name of Disposal Facility:

Quantity of Material:

Frequency of Receipt:

Material Generating Process: Physical Properties: 1. Physical State at 70 degrees Fahrenheit: 2. Flash Point: 3. Paint Filter Test: 4. Reactive: 5. pH: 6. Infectious: 7. TCLP Results: Chemical Properties (Concentrations in % Weight - Approximate): See Attached Report

Material Safety Data Sheet Provided:

Note: This Authorization Expires on:

Certifications: To the best of our knowledge, the information provided above and made a part of the SMR #_______________________ is accurate and the material is not classified as a hazardous waste in accordance with current State and Federal Regulations.

____________________________________________ Facility Manager

GENERATORS MATERIAL PROFILE SHEET PLEASE PRINT IN INK OR TYPE

SMR # ____________________ Service Agreement on File? Yes No Renewal Date: ____/____/____A. Material Generator Information 1. Generator Name:____________________________________________ 2. SIC Code:__________________________________ 3. Facility Street Address:_______________________________________ 4. Phone: ( )________________________________ 5. Facility City:_________________________ 6. State/Province:______ 7. Zip/Postal Code:_____________________________ 8. Generator USEPA/Federal ID#:__________ 9. County:____________ 10. State/Province ID#:___________________________ 11. Customer Name:____________________________________________ 12. Customer Phone:_____________________________ 13. Customer Contact:__________________________________________ 14. Customer Fax:_______________________________ B. Material Information 1. Name of Material:_____________________________________________. 2. State Waste Code:____________________________ 3. Process Generating Material (use additional sheet) & Physical Description:_________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ 4. Matl Category: Chemical Containing Equipment Industrial Process Water Spill Clean Up De-characterized Waste Off-Specification Chemicals Sludge 5. Estimated Disposal Frequency and Volume:________________________________________________________________ 6. Personal Protective Equipment Requirements:_______________________________________________________________ 7. Transporter/Transfer Station:____________________________________________________________________________ 8. Is this a U.S. Department of Transportation (USDOT) Hazardous Material? (If no, skip 9, 10,

11)................. Yes No

9. Reportable Quantity (lbs.;kgs.):_____________________ 10. Hazard Class/ID#:_______________________________ 11. USDOT Shipping Name:________________________________________________________________________________

Check if additional information is attached. Indicate the number of attached pages____

C. Generators Certification (Please check appropriate responses, sign, and date below.) 1. Is the material represented by this profile sheet a Hazardous Waste as defined by USEPA, Canadian, Mexican and/or

state/province regulation?.............................................................................................................................. Yes No

2. Does the material represented by this profile sheet contain regulated radioactive material?...................................... Yes No 3. Does this material profile sheet and all attachments contain true and accurate descriptions of the material?

Yes No

4. Has all relevant information within the possession of the Generator regarding known or suspected hazards pertaining to

the material been disclosed to the Contractor?........................................................................................................ Yes No

5. Is the analytical data attached hereto derived from testing a representative sample in accordance with 40 CFR 261.20

(c) or equivalent rules?.............................................................................................................................................. Yes No

6. Will all changes that occur in the character of the material be identified by the Generator and disclosed to the

Contractor prior to providing the material to the Contractor?........................................................................................ Yes No

D. Generator Certification I hereby certify that I have examined the information contained herein and such information is accurate and complete. Further, I certify that the material described in this Request is not a Listed Waste as described at 40 CFR 261.31-261.33, a Characteristic Waste as described at 40 CFI 261.21-261.24, or otherwise defined are significant criminal penalties for purposely or knowing making false statements, representations or certifications, in accordance with Act 1057 of 1991. Certification Signature____________________________________ Title______________________________________________

Name (Type or Print)____________________________ Company Name____________________________ Date__________

GENERATORS MATERIAL PROFILE SHEET PLEASE PRINT IN INK OR TYPE

Instructions

Information on this form is used to determine if the Material may be transported, treated, stored, or disposed in a legal, safe, and environmentally sound manner. This information will be maintained in strict confidence. Answers must be provided for sections A, B, and C and must be printed in ink or typed. A response of NONE or N/A (not applicable) can be made if appropriate. If additional space is needed, indicate on the form that additional information is attached, and attach the information to the Generators Material Profile Sheet. If you have questions concerning this form, please contact Terracon Consultants, Inc. A. Material Generator Information 1. Generator Name-Enter the name of the facility where the material is generated. 2. SIC Code-Enter the four digit Standard Industrial Classification Code for the facility where the material is generated. 3. Facility Street Address-Enter the street address (not P.O. Box) of the facility where the material is generated. 4. Phone-Enter Generators Area code and phone number. 5. Facility City-Enter the city where the material is generated. 6. State/Province-Enter the state or province where the material is generated. 7. Zip/Postal Code-Enter the generating facilitys zip or postal code. 8. Generator USEPA/Federal ID#-Enter the identification number issued by the USEPA, Canadian, or Mexican Federal Agency to the

facility generating the material (if applicable). 9. County-Enter the county where the material is generated. 10. State/Province ID#-Enter the identification number issued by the state or province to the facility generating the material (if applicable). 11. Customer Name-Entity that the Contractor is directly working with regarding the represented material. If the same as the Generator,

mark Same as Above. 12. Customer Phone-Enter technical contacts area code and telephone number. 13. Customer Contact-Enter the name of the person who can answer technical questions about the material. 14. Customer Fax-Area code and facsimile number for the customer. B. Material Information 1. Name of Material-Enter a name generally descriptive of this material (e.g., process water, natural gas drilling flowback water). 2. State Waste Code-If applicable, the code assigned to the specific waste stream by the state regulatory agency. 3. Process Generating Material-Describe the process generating the material in detail. List the specific process/operation or source that

generates the material (e.g., cleaning of equipment from industrial process, collection of water utilized in natural gas drilling operations). At a minimum, the Generator should answer the following questions in determining the process generating the material.

What chemicals are stored and/or used at the facility? Is the material generated from the production/manufacturing of any of the following industries: wood preservation; inorganic

pigments; organic pigments; pesticides; explosives; petroleum refining; iron and steel, copper, lead or zinc production? Is the material a result from degreasing, solvent parts cleanings, recovery/reclaiming of solvents (bottoms), wastewater treatment

(sludges), or electroplating? 4. Material Category-The general description that best describes the material represented by the Generators Material Profile Sheet. 5. Estimated Annual Volume-Approximate volume in tons, yards, or other (e.g., barrels, gallons) that will be received by the ultimate

management facility. This volume amount is not intended for use in complying with state and/or permit restrictions. 6. Personal Protective Equipment Requirements-All personal protective equipment that is necessary to safely manage the material. 7. Transporter/Transfer Station-Transporter and/or transfer station name. 8. Is this a U.S. Department of Transportation (USDOT) hazardous material?-Choose the appropriate response: yes or no. 9. Reportable Quantity (lbs.; kgs.)-If the answer to 8 is yes, enter the Reportable Quantity (RQ) established by 40 CFR 302.4 or equivalent

Canadian or Mexican regulations for this material. Indicate the appropriate units for the RQ. 10. Hazard Class/ID #-If the answer to 8 is yes, indicate the proper USDOT hazard class and identification number. 11. USDOT Shipping Name-If the answer to 8 is yes, enter the proper USDOT shipping name for the material. C. Generators Certification Indicate the appropriate response to questions/statements 1, 2, 3, 4, 5, and 6. By signing this Generators Material Profile Sheet, the Generator certifies that the responses are true and accurate with respects to the material(s) listed. Certification Signature-Signature of an authorized employee of the Generator or representative of the generator if authorized in writing by the generator. Title-Enter Employees title. Name-Print or Type Employees name. Company Name-Company employing the person certifying the Generators Material Profile Sheet. Date-Enter the date this Generators Material Profile Sheet is signed.

From: Fureigh, Brad N.To: Yarberry, KatherineCc: Josh Adkins; Carpenter, OwenSubject: Southern Mud Co. - Hazardous Waste Exclusion PlanDate: Monday, May 05, 2014 5:05:50 PMAttachments: SMC Hazardous Waste Exclusion Plan.pdf

Katherine,PleasefindattachedtheHazardousWasteExclusionPlanforSouthernMudCompany.Ifyouhaveanyquestions,pleasefeelfreetocontactmeatanytime.Thanks!Brad N. Fureigh, P.E.Project Engineer I Solid Waste Services

Terracon25809 I-30 South I Bryan

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Hazardous Waste Exclusion Plan - Arkansas … · Hazardous Waste Exclusion Plan ... testing requirements, ... drill cuttings, produced water, flow-back water, bentonitic clays,