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7/30/2019 Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept
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/29/12 Proposed Express Terms 6 NYCRR Par ts 750.1 and 750.3 - NYS Dept. of Environmenta l Conservation
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Proposed Express Terms 6
NYCRR Parts 750.1 and 750.3
Obtaining A SPDES Permit and High-
Volume Hydro Fracturing (HVHF)
Please note: underlines contained in the text of the express termsdenote new material. Brackets [ ] indicate material to be deleted.
Subdivisions (a) and (b) of Section 750-1.1 are revised and a
new subdivision (g) is added to read as follows:
(a) New York State has a State program that has been approved by
the United States Environmental Protection Agency for the control of
wastewater and stormwater discharges in accordance with the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (Clean
Water Act or act). Under New York State law the program is known as
the State Pollutant Discharge Elimination System (SPDES) and is
broader in scope than that required by the act in that it controls point
source discharges to groundwaters as well as surface waters. New
York law also authorizes other broad protections for ground and
surface waters beyond those authorized by the act.
(b) The regulations in this Part prescribe procedures and substantive
rules concerning the SPDES program as well as non-SPDES water
quality protections as set forth in the statutory authority for this Part.
The SPDES program does not apply to:
(1) Indian activities on Indian lands under the jurisdiction of the
United States, or
(2) those discharges that are deemed prohibited by section 17-
0807 of the ECL, or sections 750-1.4 and 750-3.4 of this Subpart.
(g) High-volume hydraulic fracturing (HVHF) operations, as defined in
Section 750-3.2, require a SPDES permit in accordance with
Subparts 750-1, 750-2, as well as additional provisions in Subpart
750-3. Provisions applicable to issued HVHF activities are set forth in
Subpart 750-1, 750-2 as well as Sub-Part 750-3.
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Subparagraph (iv) of Section 750-1.5(a)(6) is amended to read as
follows:
(iv) injection into the well is approved by the EPA, if applicable, in
accordance with 40 CFR Parts 124.10, 144 and 146 (see section
750-1.24 of this Part).
A new Subpart 750-3 of 6 NYCRR is adopted to read as follows
Subpart 750-3: High-Volume Hydro Fracturing (HVHF)
(Statutory authority: Environmental Conservation Law, art. 3, titles 1,
3; art. 15, titles 3, 31; art. 17, titles 3, 5, 7, 8; arts. 21, 70, title 1; art.
71, title 19; New York State Penal Code, arts. 175, 210; Public Health
Law, section 502; Federal Water Pollution Control Act, 33 USC 1251,
et seq.)
750-3.1 Scope and purpose
This Subpart shall have the same purpose as set forth in section 750-
1.1. This Subpart applies to all activities and discharges associated
with all phases of high-volume hydraulic fracturing (HVHF) operations.
750-3.2 Definitions
(a) The definitions in this section are in addition to those listed in
section 750-1.2. Terms not defined herein shall be as defined by the
context in which they are used.
(b) Whenever used in this Part, the following terms will have the
meanings set forth below:
(1) Access road means a road constructed to the wellsite that
provides access during the drilling and operation of the well.
(2) Chemical Additive means a product composed of one or more
chemical constituents that are added to a primary carrier fluid to
modify its properties in order to form hydraulic fracturing fluid.
(3) Aquifer means a zone of permeable, water-saturated material
below the surface of the earth capable of producing usable
quantities of water.
(4) Berm means a structure meant to contain fluids within a defined
area.
(5) BTEX is the term used for benzene, toluene, ethylbenzene, and
xylene-volatile aromatic compounds typically found in petroleum
product, such as gasoline and diesel fuel.
(6) BUD means a Beneficial Use Determination issued by
NYSDEC's Division of Materials Management in accordance with 6
NYCRR 360-1.15.
(7) CAS Number means the Chemicals Abstract Service number,
assigned by Chemical Abstracts Service, which is part of the
American Chemical Society.
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(8) Casing means steel pipe placed in a well.
(9) Chemical constituent means a discrete chemical with its own
specific name or identity, such as a CAS Number, which is
contained within an additive product.
(10) Closed loop drilling system means a pitless drilling system
where all drilling fluids and cuttings are contained at the surface
within piping, separation equipment and tanks.
(11) Comprehensive Stormwater Pollution Prevention Plan
(SWPPP) means the combined Construction SWPPP and HVHF
SWPPP.
(12) Construction phase means the construction of access roads,
wellpad, and other appurtenances.
(13) Construction SWPPP means the stand alone stormwater
pollution prevention plan that includes best management practices
and other requirements to control the pollution of stormwater during
construction and post-construction.
(14) Cuttings or samples means chips of rock cut by the drill bit and
brought to the surface by the drilling fluid. They indicate to the
wellsite workers what kind of rocks are being penetrated and can
also indicate the presence of oil or gas.
(15) Drilling fluid means mud, water, or air pumped down the drill
string which acts as a lubricant for the bit and is used to carry rock
cuttings back up the wellbore. It is also used for pressure control in
the wellbore.
(16) Final stabilization means all soil disturbance activities haveceased and a uniform, perennial vegetative cover with a density of
eighty (80) percent has been established or other equivalent
stabilization measures.
(17) Floodplain means the 100-year floodplain as defined by the
Federal Emergency Management Agency (FEMA).
(18) Flowback means liquids and solids produced during initial
completion and clean up of the well or clean up of a well following
re-fracture or work over of a well.
(19) Formation fluids means fluids in a liquid or gaseous physical
state, present within the pore spaces, fractures, faults, caverns, or
any other spaces of formations, whether or not naturally occurring
or injected therein.
(20) Freeboard means the height above the recorded high-water
mark of a structure designed to hold water. In the case of pits,
freeboard is the extra depth left unused to prevent any chance of
overflow.
(21) Geomembrane means the polymeric membrane (flexible
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membrane) that is manufactured to be essentially impermeable
and is used to build containment pits.
(22) High-Volume Hydraulic Fracturing (HVHF) means hydraulic
fracturing using greater than 300,000 gallons of water cumulatively
in the HVHF Phase.
(23) High-Volume Hydraulic Fracturing Phase (HVHF Phase)
means 1) the phase between the construction project completion
and the Production Phase; and 2) any subsequent restimulation
event. This includes well drilling, high-volume hydraulic fracturing,
well stimulation and on-site handling and treatment of return flow.
(24) High-Volume Hydraulic Fracturing Operations (HVHF
Operations) means: (i) Construction Phase; (ii) HVHF Phase; and
(iii) the Production Phase.
(25) HVHF general permit means a SPDES permit issued pursuant
to section 750-3.21 of this Part.
(26) HVHF SPDES permit means an individual or general SPDES
permit for HVHF activities.
(27) HVHF SWPPP means the stormwater pollution prevention plan
required by a SPDES permit that includes structural and non-
structural best management practices and other requirements to
control the pollution of stormwater during the HVHF Phase and the
Production Phase.
(28) High-density polyethylene (HDPE) means a polyethylene
plastic that is resistant to most chemicals, insoluble in organic
solvents, and has high impact and tensile strength.
(29) Horizontal drilling means the deviation of the borehole from
vertical so that the borehole penetrates a productive formation in a
manner parallel to the formation.
(30) Hydraulic fracturing means the pumping of a fluid with proppant
to create and maintain fractures as a stimulation method to
increase productivity but shall not include work over operations.
(31) Hydrocarbon development means the activity associated with
the siting, drilling, casing, cementing, stimulation and completion of
wells, including but not limited to unconventional natural gasdevelopment wells, undertaken for the purpose of extraction of
liquid or gaseous hydrocarbon from geologic formations.
(32) Naturally Occurring Radioactive Materials (NORM) means the
radioactivity that can exist naturally in native materials, like some
shales, and may be present in certain wastes from a well.
(33) Operational control means authorization to make management
decisions governing the HVHF operations.
(34) Owner/Operator means the person, persons or legal entity
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which owns or leases the property on which the HVHF operations
are occurring; and/or an entity that has operational control over the
HVHF operations, including the ability to make modifications to the
operations and authorization to make management decisions to
assure long-term environmental compliance with environmental
laws and regulations.
(35) Partial site reclamation has occurred after all planned wells at
the well pad have been completed and a Department inspectorverifies that the drilling/fracturing equipment has been removed; pits
used for those operations have been reclaimed and surface
disturbances not associated with production activities have been
scarified or ripped to alleviate compaction prior to replacement of
topsoil. Reclaimed areas must be seeded and mulched after topsoil
replacement and vegetative cover reestablished that will ultimately
return the site to pre-construction conditions.
(36) Plugged and abandoned (plug and abandon) means to
permanently close a well with cement plugs.
(37) Primary/Principal aquifers -
(i) Primary aquifers are highly productive aquifers presently being
utilized as sources of water supply by major municipal water
supply systems.
(ii)Principal aquifers are aquifers known to be highly productive or
whose geology suggests abundant potential water supply, but
which are not intensively used as sources of water supply by
major municipal systems at the present time.
(38) Product means a material a hydraulic fracturing fluid that ismanufactured using precise amounts of specific chemical
constituents and is assigned a commercial name under which the
material is sold or utilized.
(39) Production brine or produced water means liquids co-
produced during oil and gas production.
(40) Production casing means casing set above or through the
producing zone through which the well produces.
(41) Production phase means the phase after the HVHF Phase
through termination of coverage under the HVHF general permit.
This phase begins when the HVHF phase has been completed for
all wells planned for that well pad and partial site reclamation has
been completed.
(42) Proppant means a granular substance (sand grains, aluminum
pellets, or other materials) that is carried in suspension by the
fracturing fluid and that serves to keep the cracks open when
fracturing fluid is withdrawn after a fracture treatment.
(43) Reclaimed/Reclamation means the rehabilitation of a disturbed
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area to make it acceptable for designated uses. This normally
involves regrading, replacement of topsoil, re-vegetation, and other
work necessary to restore the site to pre-construction conditions.
(44) Reserve pit means a mud pit in which a supply of drilling fluid
has been stored, or a waste pit, usually an excavated pit. It may be
lined to prevent soil contamination.
(45) Reservoir means a waterbody designated for use as a
dedicated public water supply and is classified as A or AA in its
entirety, per 6 NYCRR Parts 800-941.
(46) Stimulation means the act of increasing a well's productivity by
artificial means such as hydraulic fracturing, acidizing, and
shooting.
(47) Storage means the holding of a material, container or
equipment at a site, not including the amount of material brought to
the site for immediate use.
(48) TDS means Total Dissolved Solids.
(49) Unfiltered surface water supplies means those public water
supplies that the USEPA and New York State Department of Health
have determined meet the requirements of the "Interim Enhanced
Surface Water Treatment Rule" (IESWT Rule) for unfiltered water
supply systems. The IESWT Rule is a December 16, 1998
amendment to the Surface Water Treatment Rule that was
originally promulgated by EPA on June 29, 1989. In New York State,
this includes the New York City Drinking Water Supply Watershed
and the Skaneateles Drinking Water Supply Watershed.
(50) Watershed means an area of land that drains into a body of
water, such as a river, lake, reservoir, estuary, sea or ocean.
(51) Well pad means the area directly disturbed during drilling and
operation of a gas well.
(52) Well Site means the well pad and access roads, equipment
storage and staging areas, vehicle turnarounds, and any other
areas directly or indirectly impacted by activities involving a well.
(53) Wellbore means a borehole; the hole drilled by the bit. A
wellbore may have casing in it or it may be open (uncased); or partof it may be cased, and part of it may be open.
(54) Wellhead means the equipment installed on the wellbore at the
ground surface. A wellhead includes such equipment as the casing
head and tubing head.
(55) Work Over means any down hole operation in an existing well
that is designed to sustain, restore or increase efficiency, make the
well safer, or correct a known or potential environmental hazard.
750-3.3 Prohibited Activities and Discharges
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(a) The prohibitions in this section are in addition to those listed in
section 750-1.3. The following HVHF activities and discharges are
hereby prohibited, and no SPDES permit shall be issued authorizing
any such activity or discharge. All distances noted below are
measured from the closest edge of the HVHF well pad to provide a
margin of safety.
(b) HVHF operations on the ground surface are prohibited in the
following areas:
(1) within 4,000 feet of, and including the, unfiltered surface water
supply watersheds;
(2) within 500 feet of, and including, a primary aquifer;
(3) within 100-year floodplains; and
(4) within 2,000 feet of any public (municipal or otherwise) water
supply, including wells, reservoirs, natural lakes or man-made
impoundments, and river or stream intakes.
750-3.4 Requirement to obtain a permit
(a) The requirements in this section are in addition to those listed in
section 750-1.4.
(b) The owner or operator of an HVHF well shall submit an approvable
application for an HVHF SPDES permit or a notification to obtain
coverage under a general SPDES permit for HVHF operations to the
Department. To be approvable, the application must include the
following certifications, documentation, or where noted an alternative
plan approvable by the Department that is equally protective of water
resources:
(1) Documentation from a legally permissible disposal facility that
available capacity exists for the disposal of the projected amount of
flowback fluid and production brine over the life of the well, and/or
identification and certification of available capacity for alternative
disposal locations;
(2) Certification that closed loop drilling will be used or an
approvable alternative plan that will ensure there will be no
significant adverse water quality impacts related to the disposal of
pyrite-rich Marcellus Shale cuttings if an on-site pit is approved bythe Department;
(3) Certification that HVHF flowback fluids will not be directed to or
stored in a pit or impoundment;
(4) Certification that with respect to on-site pits:
(i) such pits will be used solely for fresh water and cuttings that
result from drilling conducted with air or fresh water,
(ii) for single pits a volume of 250,000 gallons will not be
exceeded and for multiple pits on one tract or related tracts of
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land a total volume of all pits will not exceed 500,000 gallons,
(iii) to the extent pits are constructed in unconsolidated materials,
beveled walls (45 degrees or less) must be utilized,
(iv) the sidewalls and bottoms of pits are free of objects capable
of puncturing or ripping the liner,
(v) there is sufficient slack in the liner used in such pits to
accommodate stretching,
(vi) such pit liners have a minimum 30-mil thickness,
(vii) such pit liners are installed and seamed in accordance with
the manufacturer's specifications, and
(viii) pits are constructed, coated, or lined with materials that are
chemically compatible with the substance stored and the
environment;
(5) Certification that all waste fluids will be removed from the
wellpad and associated storage areas adjacent to the wellpad no
more than 45 days after stimulation of each well unless otherwise
approved by the Department as part of a recycling plan;
(6) Unless an alternative plan is approved by the Department,
certification that HVHF operations will be conducted only where the
top of the fracture zone at all points along the proposed length of
the wellbore is greater than both 2,000 feet below the surface and
1,000 feet below the base of fresh groundwater;
(7) Appropriate documentation showing that an evaluation of
available alternative chemical additive products has been
conducted.The evaluation must be written and provided to the
Department. At minimum, the evaluation must be in conformance
with 750-3.11(e)(1)(i); and
(8) Certification that the applicant will utilize chemical additive
products that are efficacious exhibit reduced aquatic toxicity, and
pose less risk to water resources and the environment or, as an
alternative, documentation to the Department's satisfaction that the
available alternative products are not equally effective or feasible.
750-3.5 Exceptions
(a) The regulations in this section are in addition to those listed in
section 750-1.5.
(b) The Department's determination under Section 750-1.5(a)(6)(ii)
that groundwater or surface water quality will not be degraded shall be
based in part upon the certifications submitted in compliance with and
pursuant to section 750-3.4. The Department may change any
previously-issued determination in the event that the permittee fails to
implement any measure described in the certifications submitted in
compliance with 750-3.5.
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750-3.6 Applications to obtain individual HVHF SPDES
permits
The requirements in this section are in addition to those listed in
section 750-1.6.
(a) Prior to obtaining an HVHF SPDES permit, an owner or operator
must first develop a Comprehensive SWPPP, which includes both
the Construction SWPPP and HVHF SWPPP.
(b) All of the following criteria must be satisfied in order for an owner
or operator to obtain an HVHF SPDES permit:
(1) Project review pursuant to SEQRA has been satisfied, where
applicable;
(2) Where required, all necessary Department permits subject to
the Uniform Procedures Act (UPA) have been obtained, unless
otherwise notified by the Department pursuant to Part 621 of this
Title; and
(3) A complete Notice of Intent, which contains the well permitAmerican Petroleum Institute (API) number, has been submitted to
the Department by the owner or operator.
(c) An owner or operator shall not commence the Construction Phase
until its authorization to discharge under the HVHF SPDES permit is
effective.
(d) An owner or operator cannot begin the HVHF Phase until a
certification is submitted to the Department providing notification that
the Construction Phase is complete.
(e) An owner or operator cannot begin the Production Phase until a
certification is submitted to the Department providing notification that
the HVHF Phase is complete.
750-3.7 Individual HVHF SPDES permit application
requirements
The requirements in section 750-1.7 apply.
750-3.8 Signature of SPDES forms
The requirements in section 750-1.8 apply.
750-3.9 Draft Permits and Fact Sheets for New HVHF
SPDES permits
The requirements in section 750-1.9 apply.
750-3.10 Effluent Limitations in Issued HVHF SPDES
permits
The requirements in section 750-1.10 apply.
750-3.11 Applications of standards, limitations and other
requirements
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The regulations in this section are in addition to those listed in section
750-1.11.
(a) The Construction SWPPP shall include erosion and sediment
control practices designed in conformance with the Department's
technical standards (750-3.24 of this Part) or the equivalent.
(b) The owner or operator must ensure that all erosion and sediment
control practices and all post-construction stormwater management
practices identified in the Construction SWPPP are maintained in
effective operating condition at all times.
(c) The owner or operator must ensure that, where post-construction
stormwater management practices are required, such practices are
operated and maintained until the Notice of Termination is submitted
to the Department.
(d) For construction activities that require post-construction
stormwater management practices, prior to submitting the final Notice
of Termination to the Department, the owner or operator must ensure
one of the following:
(1) the post-construction stormwater management practice(s) and
any right-of-way(s) needed to maintain such practice(s) have been
deeded to the municipality in which the practice(s) is located;
(2) an executed maintenance agreement is in place with the
municipality that will maintain the post-construction stormwater
management practice(s);
(3) for post-construction stormwater management practices that
are privately owned, the owner or operator has modified, or caused
to be the modified, the deed of record to include a deed covenant
that requires operation and maintenance of the practice(s) in
accordance with the operation and maintenance plan; or
(4) for post-construction stormwater management practices that
are owned by a public or private institution (e.g. school, college,
university), or government agency or authority, the owner or
operator has policy and procedures in place that ensure operation
and maintenance of the practices in accordance with the operation
and maintenance plan.
(e) The HVHF SWPPP must, at a minimum, include the HVHF
SWPPP General Requirements listed in subparagraph (1) below,
Structural Best Management Practices (BMPs), Non-structural BMPs,
and Activity-Specific SWPPP Requirements.
(1) The following conditions apply to all owners or operators of
HVHF operations:
(i) HVHF Operation Fluid Chemical Additives - To reduce the
potential for HVHF chemical additives to impact water resources,
the owner or operator shall develop and evaluate alternatives for
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the proposed HVHF additives that are efficacious but which
exhibit reduced aquatic toxicity and pose less risk to water
resources and the environment. In evaluating the alternative
additives, the owner or operator shall consider the following
criteria: (a) the impact to the environment caused by the available
alternative additive if it remains in the environment; (b) the
toxicity, mobility and volume of available alternatives; (c) the
persistence in the environment of the available alternative; (d) the
effectiveness of the available alternative to achieve desired
results in the engineered fluid system; and (e) the economic and
technical feasibility of implementing the available alternative.
(ii) HVHF Chemical Additives Used on Site - The owner or
operator must maintain a list of the HVHF additives
(volumes/amounts of all chemicals/additives used for each HVHF
event).
(iii) Proper Transport and Disposal of Wastewater-To ensure
proper transport and disposal of wastewater associated with the
HVHF Phase and the Production Phase, the owner or operator
shall operate in accordance with the approved Fluid Disposal
Plan required by the Department.
(iv) Construction Project Completion - The owner or operator
shall, prior to commencing the HVHF Phase, (a) develop and
implement measures to ensure all construction activities
identified in the Construction SWPPP have been completed, (b)
ensure that all areas of disturbance have achieved final
stabilization, (c) ensure that all temporary, structural erosion and
sediment control measures have been removed, and (d) ensure
that all post-construction stormwater management practices
have been constructed in conformance with the Construction
SWPPP and are operational.
(v) Secondary Containment - To prevent the discharge of
hazardous substances, the owner or operator shall provide,
implement, and operate secondary containment measures. Such
secondary containment shall be: (a) designed and constructed in
accordance with good engineering practices, (b) constructed,
coated or lined with materials that are chemically compatible with
the environment and the substances to be contained, (c) provideadequate freeboard, (d) protected from heavy vehicle or
equipment traffic; and have a volume of at least 110 percent of
the largest storage tank within the containment area.
(vi) Partial Site Reclamation - The owner or operator shall
develop and implement measures to ensure proper and
adequate completion of the HVHF Phase. Partial Site
Reclamation will be completed only upon verification by the
Department that the equipment and materials associated with
drilling/fracturing have been removed and pits used for those
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operations have been reclaimed in accordance with the HVHF
SWPPP requirements.
(vii) Plug and Abandon - To ensure adequate closure of gas
wells, and to address pollutants related to the plugging of the gas
wells, the owner or operator must plug and abandon the gas
wells pursuant to 6 NYCRR Part 555, prior to submitting a final
Notice of Termination. The owner or operator shall include such
closure requirements in the HVHF SWPPP and makemodifications to the HVHF SWPPP as necessary.
(f) The owner or operator shall ensure that all flowback and production
fluids are re-used or disposed of in accordance with applicable state
and federal laws.
(g) The owner or operator must have a Spill Prevention Control and
Countermeasure Plan (SPCC) on-site through all phases of the HVHF
operation (Construction Phase, HVHF Phase, and Production Phase).
The SPCC plan must include an explanation of existing or planned
material handling procedures, storage requirements, secondary
containment, and equipment (e.g., diversion valves), that are intended
to minimize spills or leaks at the site. Measures for cleaning up spills
or leaks must be consistent with the procedures for petroleum bulk
storage, chemical bulk storage or hazardous waste management in
the Environmental Conservation Law and implementing regulations.
Quantities and types of equipment specified in the SPCC shall be
present on site at all times.
(h) A closed-loop tank system must be used instead of a reserve pit
to manage drilling fluids and cuttings for any of the following: (i)
horizontal drilling in the Marcellus Shale unless an acid rock drainagemitigation plan for on-site burial of such cuttings is approved by the
Department; and (ii) any drilling requiring cuttings to be disposed of
off-site, as provided in Part 360 of this Title, including at a landfill.
(i) Flowback water is prohibited from being directed to or stored in any
pit or impoundment. Covered watertight steel tanks or covered
watertight tanks constructed of another material approved by the
Department are required for flowback handling and containment on
the well pad. Flowback water tanks, piping and conveyances,
including valves, must be of sufficient pressure rating and be
maintained in a leak-free condition. Flowback water recovered after
high-volume hydraulic fracturing operations must be tested for NORM
prior to removal from the site. Fluids recovered during the Production
Phase (i.e., production brine) must be tested for NORM prior to
removal, and the ground adjacent to the tanks must be measured for
radioactivity. All testing must be in accordance with protocols
satisfactory to the New York State Department of Health.
(j) Flowback water and production brine must be disposed, recycled
or reused in a manner approved by the Department. Transport of all
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waste fluids must be undertaken by a waste transporter with an
approved permit pursuant to Part 364 of this Title.
(k) Flowback water and production brine shall not be discharged on
the ground surface.
750-3.12 Disposal of HVHF flowback and production
water
(a) The HVHF permittee must demonstrate that all flowback water andproduction brine generated by the facility will be treated, recycled, or
otherwise properly disposed of over the projected life of the well. 'The
projected life of the well' is defined as the period of time starting with
the initial drilling of the well bore and ending with the proper sealing
and abandonment of the well in accordance with the closure
requirements. Once active HVHF operations at the site have ceased
and the gas well(s) are in the production phase, the permittee must
continue to properly collect and dispose of all production brine
generated at the site.
(b) All HVHF permit applications must include a Fluid Disposal Plan,subject to Departmental review and approval, for disposal of flowback
water and production brine. The Fluid Disposal Plan shall assure
compliance with the narrative requirements in 750-3.5(a) over the life
of the well, and shall include:
(1) a certification by a proper disposal facility that available capacity
exists at that facility for the disposal of the projected amount of
flowback and production brine over the life of the well,
(2) identification and certification by the HVHF permittee of
alternative or contingent disposal location(s) with sufficient capacityto accept the generated wastewater over the life of the well;
(3) projected concentrations of chemical constituents of the
flowback and production brine over the life of the well, based upon
additives used, well sampling, and data from similar wells.
(4) identification of all chemical additive products to be used, by
product name, purpose, and type, proposed percent by weight of
water, proppants and each chemical, and the anticipated volume of
each additive product proposed for use;
(5) Material Safety Data Sheets (MSDS) for every additive product
proposed for use, unless the MSDS for a particular product is
already on file with the Department as a result of prior development
or was transmitted to the Department during the application
process for a previous well permit; and
(6) Exact chemical composition of any additional additives which
have not yet been proposed for use before the Department.
(c) Permit applications which do not include the information listed in
(b) will be deemed incomplete.
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(d) The disposal options for production brine and flowback are listed
below.
(1) The provisions listed below apply to offsite disposal at publicly
owned treatment works:
(i) SPDES permits are issued to wastewater dischargers,
including treatment facilities such as Publically Owned Treatment
Works (POTWs) operated by municipalities, in accordance with
Sections 750-1 and 750-2 of this Part.
(ii) The Department shares pretreatment program oversight with
the EPA. Indirect discharges to POTWs are regulated by 6
NYCRR 750-2.9(b), National Pretreatment Standards, which
incorporates by reference the requirements set forth under 40
CFR Part 403, "General Pretreatment Regulations for Existing
and New Sources of Pollution."
(iii) In accordance with 6 NYCRR 750-2.9, 40 CFR Part 403,
and 40 CFR 122.42, New York State POTW permittees with
industrial pretreatment or mini-pretreatment programs are
required to notify the Department and USEPA of new discharges
or substantial changes in the volume or character of pollutants
discharged to the permitted POTW.
(iv) A POTW must have an approved pretreatment program, or
mini-pretreatment program, developed in accordance with the
above-referenced regulations in order to accept industrial
wastewater from non-domestic sources covered by
Pretreatment Standards which are indirectly discharged into or
transported by truck or rail or otherwise introduced into POTWs.
The Department must, prior to indirect discharge, determine if
the SPDES permit needs to be modified to account for the
proposed discharge, change or increase.
(v) Flowback water and production brine from wells permitted
pursuant to this Part may be accepted by POTWs only where
such POTWs have approved pretreatment or mini-pretreatment
programs in subparagraphs (iii) and (iv) of this paragraph.
(vi) Prior to being allowed to accept production brine and
flowback, the POTW must perform a headworks analysis for this
wastewater source and submit such analysis to the Department
and EPA for approval. Such wastewater may only be accepted
by the POTW if the headwords analysis meets the requirements
of 40 CFR Part 403 and the State Pollutant Discharge Elimination
System (SPDES) permit for such POTW. The headworks
analysis must demonstrate, among other things, that the POTW
is capable of removing the contaminants expected to be present
in the flowback water and production brine, including but not
limited to Total Dissolved Solids, NORM, barium, bromides,
BTEX, and chemicals present in the additives used in the
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development of the wells. The headworks analysis process
includes the following steps:
(a) upon submittal and approval of the headworks analysis, the
Department may modify the POTW's SPDES permit to include
appropriate monitoring and effluent limits for this wastewater
source. The SPDES permit for the POTW shall include
specific discharge limitations and monitoring requirements,
including routine reporting of monitoring results;
(b) The Department's procedures for POTW acceptance of
HVHF wastewater discharges are detailed in Division of Water
Guidance Document 1.3.8.1, Guidance for Acceptance of
HVHF Wastewater by POTWs;
(c) The permittee may discharge flowback water and
production brine to the headworks of a POTW only if such
POTW has undertaken an approved headworks analysis and
modified its SPDES permit in accordance with subparagraphs
(i) - (viii) of this paragraph. Each discharge of flowback water
and production brine to the headworks of the POTW shall
include the following documentation:
1. The manifest stating the source well of the wastewater,
the identity of the HVHF permittee, and all chemicals used in
additives in the hydrofracturing of the well;
2. The volume of wastewater to be discharged; and
3. An assay of the concentrations of HVHF chemicals
present, including TDS, NORM, and BTEX.
(vii) Should the POTW meet all requirements of this subpart, any
flowback water and production brine treated by such POTW
must be introduced to the headworks of the POTW and receive
full treatment unless otherwise expressly approved by the
Department.
(viii) The POTW, at its sole discretion, may refuse to accept any
source of HVHF wastewater and may consider the
characterization of the HVHF wastewater, lack of required HVHF
wastewater source documentation, inspection of the HVHF
wastewater, or other verifiable evidence that the HVHFwastewater may cause or contribute to a violation of the
permittee's SPDES permit conditions. Should such refusal
occur, the HVHF wastewater shall be sent to the contingent
disposal location identified in the HVHF permittee's Fluid Disposal
Plan.
(ix) The POTW must demonstrate that it has an approved
method of residuals disposal in compliance with Parts 360 and
364 of this Title.
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(2) The provisions below apply to offsite disposal at privately owned
industrial treatment facilities:
(i) Application and permit development requirements for privately
owned offsite HVHF treatment facilities are similar to those
required for other individual SPDES permittees as listed in
Sections 750-1.6 through 750-1.20 of this Part. Operation of
these Facilities shall be in compliance with section750-2,
Operating In Accordance with a SPDES Permit.
(ii) Each discharge of flowback water and production brine to
these treatment facilities shall include the following
documentation:
(a) The manifest stating the source well of the HVHF
wastewater, identity of the HVHF permittee, and the HVHF
chemicals used in the hydrofracturing of the well, as well as
any other information required under 6 NYCRR Part 560;
(b) The volume of HVHF wastewater to be discharged, both
per unit time and total volume from that source; and
(c) An assay of the concentrations of HVHF chemicals
present, including TDS, NORM, and BTEX.
(iii) Additional SPDES application requirements specific to HVHF
wastewater treatment facilities include:
(a) Treatability analysis for all HVHF additives expected to be
discharged to the facility;
(1) Treatability analysis for NORM and TDS;
(2) Expected effluent concentrations of all HVHF specific
parameters.
This information must be submitted along with Application
Form NY-2C. Applications submitted without the information
listed above will be deemed incomplete.
(b) Privately owned offsite HVHF wastewater treatment
facilities constructed specifically for the treatment and disposal
of wastewater, which treat flowback water and production brine
for reuse may or may not have an associated discharge of
wastewater to the waters of the State.
(iv) HVHF wastewater treatment facilities which generate water
for reuse in permitted HVHF operations that do not include a
discharge to the waters of the State as a result of treatment
system effluent or other discharge do not require a SPDES
permit, unless other ancillary discharges are generated as part of
the treatment system.
(v) The HVHF wastewater treatment facility must provide a
demonstration such facility has an approved method of residuals
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disposal in compliance with Parts 360 and 364 of this Title.
(3) The provisions below apply to onsite treatment and recycling
with no associated discharge to ground or surface waters. On-site
facilities constructed specifically for the treatment and reuse of
HVHF wastewater where the treated water is 100 percent reused
for purposes of HVHF do not require a SPDES permit.
(i) The facility must provide a demonstration that the wastewater
treatment facility has an approved method of residuals disposal
in compliance with Parts 360 and 364 of this Title.
(ii) No residuals may remain at the HVHF site following
completion of well development in accordance with 554.1(c)(3) of
this Title.
(a) No discharge of wastewater to the ground or surface waters of the
State is permitted for onsite treatment and recycling.
(b) The onsite facility shall be maintained and construction and
stormwater managed in compliance with the onsite equipment
requirements contained in the HVHF General Permit and the
regulations listed under section 750-3.4 above.
(4) The provisions below apply to deep well injection pursuant to a
SPDES permit.
(i) The owner/operator of the disposal well must have USEPA
approval and a SPDES permit for deep well injection. The
owner/operator shall apply for and receive coverage under the
EPA Underground Injection Control (UIC) program for Type II
disposal wells prior to applying for a SPDES permit in
accordance with section 750-1 above.
(ii) The characterization and SPDES permit application process
for disposal wells is similar to that for Private Offsite Wastewater
Treatment Facilities as described in Section 750-3.12.2(2) above.
In addition to the requirements listed therein, the following
information shall also be presented as part of the application:
(a) Full characterization of disposal strata water quality for
HVHF flowback parameters;
(b) Geotechnical information regarding the ability of thedisposal strata to accept and retain the injected fluid, including
an estimate of available capacity; and
(c) A water quality analysis of the receiving stratum for TDS,
chloride, sulfate and metals.
(iii) The Department may propose monitoring requirements
and/or discharge limits in the SPDES permit in addition to any
requirements included in the required USEPA Underground
Injection Control permit. The monitoring requirements and
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discharge limits will be determined during the site-specific
permitting process required by the Uniform Procedures Act and
the 1992 Findings Statement, and shall include:
(a) Effluent limits for BTEX and other HVHF specific
parameters with Class GSA standards and guidance values as
listed in 6 NYCRR Part 703;
(b) Any other effluent limits necessary to be protective of the
overlying potable water aquifer systems and waters of the
State, based upon distance to drinking water supplies or
sources, surface water bodies and wetlands, topography,
geology, and hydrogeology;
(c) The proposed well construction and operation program;
and
(d) Potential requirement for upgradient and downgradient
monitoring wells installed in the deepest identified GA or GSA
potable water aquifer.
(5) The provisions below apply to injection of production brine into
the strata from which it was produced pursuant to a SPDES permit.
Notwithstanding the requirements listed in 6 NYCRR 556.5, the
injection of production brine described in 6 NYCRR 556.5 is
regulated pursuant to this Subpart and requires a SPDES permit.
The following information is required as part of the SPDES permit
application:
i. The disposal strata water quality shall be fully characterized for
background water quality and HVHF chemicals;
ii. Geotechnical information regarding the ability of the disposal
strata to accept and retain the injected fluid, including an estimate
of available capacity;
iii. A water quality analysis of the flowback water or production
brine for HVHF chemicals;
iv. Injection well construction and operational control information
showing that the well meets the applicable USEPA UIC Class II
injection well standards as promulgated under Parts 144-148 of
the Federal UIC Regulations and Sections 1423 and 1425 of the
Safe Drinking Water Act; and
v. A long-term monitoring program consisting of a minimum of
one (1) monitoring well screened at the deepest identified fresh
drinking water stratum, with periodic monitoring for TDS, NORM,
and other identified HVHF parameters.
(6) The provisions below apply to disposal of production brine in
accordance with the terms of a Department-approved Beneficial
Use Determination. Production brine may be disposed in
accordance with the terms and conditions of a Department-
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approved Beneficial Use Determination (BUD). In addition to the
requirements listed in 6 NYCRR Parts 360 and 364, the following
information shall also be presented as part of the application for the
BUD: radiologic limits; contaminant limits; and operational
requirements such as maximum brine application frequency and
maximum brine application rate.
(7) Other disposal options that may be proposed by the permittee
subject to Departmental review and approval. The Department willprovide guidance concerning the submittal of other disposal
options.
750-3.13 Monitoring requirements in HVHF SPDES
permits
(a) The regulations in this section are in addition to those listed in
section 750-1.13.
(b) For the Construction Phase, HVHF Phase, and the Production
Phase, all stormwater discharges must be monitored, recorded and
reported in accordance with the terms and conditions of applicableindividual or general permits to ensure effective operation.
(c) The HVHF SWPPP must include provisions for monitoring and
recording the volume of all water delivered to the well pad site from
each source. Records must be maintained of each truck/pipeline
delivery of water and the source of such water. The reports shall be
kept on site and furnished to the Department upon request.
(d) The HVHF SWPPP must include provisions to meter the volume
of water used at each well each time there is high-volume hydraulic
fracturing event during the HVHF Phase. The volume must bemetered with an automatic continuous recording device (or its
equivalent) that measures to within five percent (5%) of actual flow.
The reports shall be kept on site and furnished to the Department
upon request.
(e) The HVHF SWPPP must include provisions to maintain a record
of the amounts of all chemicals/additives associated with each time
there is a high-volume hydraulic fracturing stage during the HVHF
Phase. This list may exclude any information that has been
determined to be confidential business information. The record shall
include a list of the individual chemicals/additives with Chemical
Abstract Services (CAS) registry number and Material Safety Data
Sheets (MSDS).
(f) The HVHF SWPPP must include provisions to meter the volume of
all flowback water and production brine with an automatic continuous
recording device or equivalent that measures to within five percent
(5%) of actual flow. The reports shall be kept on site and furnished to
the Department upon request.
(g) The HVHF SWPPP must include provisions to record the volume
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of all sanitary and non-domestic wastewater produced onsite on a
daily frequency. The HVHF SWPPP must also include a
transportation record of all sanitary and non-domestic wastewater
leaving the well pad. The transportation record must include the
volume of all sanitary and non-domestic wastewater shipped offsite
by individual trucks and/or pipeline, and the name, permit and
destination of the receiving reuse and/or treatment and disposal
facilities. The HVHF operation must also obtain confirmation that the
transferred wastewater was received by the intended wastewater
treatment and disposal facility and keep records associated with such
transfers. The HVHF SWPPP must include provisions for separately
compiling monthly and daily total volumes of flowback water,
production brine and sanitary wastewater collected and transported
off-site from the well pad and analytical results for any flowback water
samples that are taken. The reports shall be furnished to the
Department upon request.
(h) Prior to site disturbance (for a new well pad) or spud (for an
existing pad), the well operator must sample and test all residential
water wells within 1,000 feet of the well pad for which the water well
owner has granted permission, and provide results to the water well
owner. If no water wells are available for sampling within 1,000 feet,
either because there are none of record or because the water well
owner denies permission, then all residential water wells within 2,000
feet of the well pad for which the water well owner has granted
permission must be sampled and tested. Ongoing water well
monitoring and testing must continue at other intervals specified by
the Department.
(i) Water well analysis must be by an ELAP-certified laboratory.Analyses and documentation that all test results were provided to the
water well owner must be maintained by the operator and made
available to the Department upon request.
750-3.14 Schedules of compliance and other
requirements in issued HVHF SPDES permits
(a) The regulations in this section are in addition to those listed in
section 750-1.14.
(b) If stormwater discharges to a CWA 303(d) listed impaired water,
when an HVHF SPDES permit is obtained, the owner or operator
must by application of its Comprehensive SWPPP ensure no
increase in the discharged mass loading of the listed pollutant of
concern to the 303(d) listed water. The 303(d) list is updated
approximately every two years.
(c) If a Total Maximum Daily Load (TMDL) has already been approved
by USEPA pursuant to CWA section 303(d) for any waterbody or
watershed into which the HVHF operation discharges stormwater, at
the time the HVHF SPDES permit is obtained, the owner or operator
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must, within two (2) calendar months of authorization, meet the TMDL
stormwater allocations for the pollutant of concern. Additionally, the
owner or operator must, through modification of the Construction
and/or HVHF SWPPPs ensure that reduction of the pollutant of
concern specified in the TMDL is achieved.
750-3.15 Duration of HVHF SPDES permits
The regulations listed in section750-1.15 apply. There are no
additional regulations for this section.
750-3.16 Renewal of Existing HVHF SPDES permits
The regulations listed in section 750-1.16 apply. There are no
additional regulations for this section.
750-3.17 Transfer of HVHF SPDES permits
The regulations listed in section750-1.17 apply. There are no
additional regulations for this section.
750-3.18 Modification of HVHF SPDES permits
The regulations listed in section 750-1.18 apply. There are no
additional regulations for this section.
750-3.19 Modification Priority Ranking System
The regulations listed in section 750-1.19 apply. There are no
additional regulations for this section.
750-3.20 Denial, Suspension or Revocation of HVHF
SPDES permits
The regulations listed in section 750-1.20 apply to this section.
In addition to the criteria set forth in Section 621-13 and Section 750-
1.20, the Department may deny, suspend, or revoke a HVHF SPDES
permit if the Department determines that the permittee has failed to
implement any measures certified pursuant to Section 750-3.4, or
otherwise violated any provision of this sub-part.
750-3.21 HVHF SPDES general permits
(a) The regulations in this section are in addition to those listed in
section 750-1.21.
(b) Discharges from HVHF operations (the Construction Phase,HVHF Phase, and the Production Phase), may be authorized in
accordance with a SPDES HVHF general permit.
(c) The HVHF general permit does not authorize the discharge of
hazardous substances (as listed in 6 NYCRR Part 597) or petroleum.
(d) The following discharges are ineligible for coverage under the
HVHF general permit:
(1) discharges of sanitary wastewater;
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(2) vehicle and equipment washwater, including tank cleaning
operations or substances (hazardous, non-hazardous, etc.)
resulting from an on-site spill and materials collected in drip pans;
(3) washwaters from material handling and processing areas; or
(4) washwaters from drum, tank, or container rinsing and cleaning.
Alternatively, sanitary wastewater and washwater discharges must
be authorized under a separate SPDES permit, or be discharged to
a sanitary sewer in accordance with applicable industrial
pretreatment requirements, or be transported off-site for proper
disposal.
(e) The following non-stormwater discharges may be authorized by
the HVHF general permit provided that the non-stormwater
component of the discharge is in compliance with the HVHF general
permit:
(1) Potable water sources including waterline flushings;
(2) Discharges from fire-fighting activities;
(3) Fire hydrant flushings;
(4) Uncontaminated air conditioning or compressor condensate,
and other uncontaminated condensate such as condensate from
the surface of pressurized gas cylinders stored outside;
(5) Irrigation drainage;
(6) Landscape watering provided that all pesticides and fertilizers
have been applied in accordance with the manufacturer's
instructions;
(7) Routine external building washdown which does not use
detergents;
(8) Pavement wash waters where detergents are not used and
where spills or leaks of toxic or hazardous materials have not
occurred (unless all spilled material has been removed);
(9) Uncontaminated ground water or spring water;
(10) Discharges from foundation or footing drains where flows are
not contaminated with process materials such as solvents; and
(11) Uncontaminated discharges from construction site dewatering
operations.
(f) The following are not authorized by the HVHF SPDES general
permit:
(1) Construction of a centralized flowback impoundment;
(2) Construction activities related to HVHF operations that:
(i) are tributary to waters of the state classified as AA or AA-s;
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and
(ii) which disturb land with no existing impervious cover; and
(iii) which are undertaken on land with a Soil Slope Phase that is
identified as an E or F, or the map unit name is inclusive of 25%
or greater slope, on the United States Department of Agriculture
(USDA) Soil Survey for the surface area where the disturbance
will occur.
(3) HVHF operations where the top of the target fracture zone at
any point along the entire proposed length of the wellbore is
shallower than 2,000 feet below surface; and where the top of the
target fracture zone at any point along the entire proposed length of
the wellbore is less than 1,000 feet below the base of a known fresh
water supply
(4) HVHF operations sited within the following buffers (calculated
from the closest edge of the gas well pad):
Principal Aquifer 500feet
Private Water Wells500feet[1]
Wetland100feet
Storm drains, lakes, or ponds, and perennial or intermittentstreams, as described in 6 NYCRR Parts 800-910 P
150feet
Perennial or intermittent streams, as described in 6NYCRR Parts 800-910, and that are tributary to surface
public drinking water supplies.
500feet
(5) Contaminated stormwater discharges from drilling operations
that are subject to nationally established Best Available Technology
Economically Achievable (BAT) or Best Practicable Control
Technology Currently Available (BPT) guidelines found at 40 CFR
Part 435. Note: Most contaminated discharges from drilling facilities
are subject to these effluent guidelines and are not eligible for
coverage under this permit;
(6) Discharges from HVHF operations that are mixed with sources
of non-stormwater other than those expressly authorized undereither the HVHF general permit or a different SPDES permit;
(7) Discharges from HVHF operations that are subject to an
existing SPDES individual or general permit located at the HVHF
operation site where a SPDES permit has been terminated or
denied, or which are issued an individual or alternative general
permit;
(8) Discharges from HVHF operations, which either cause or
contribute to a violation of water quality standards adopted pursuant
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to the ECL and its accompanying regulations;
(9) Discharges from HVHF operations that adversely affect a listed
or proposed to be listed endangered or threatened species or its
critical habitat; and
(10) Discharges from HVHF operations that adversely affect a
property that is listed or is eligible for listing on the State or National
Register of Historic Places (Note: includes Archeological sites),
unless there are written agreements in place with the NYS Office of
Parks, Recreation and Historic Preservation (OPRHP) or other
governmental agencies to mitigate the effects, or there are local
land use approvals evidencing the same.
(g) Obtaining coverage under the HVHF general permit:
(1) Prior to obtaining coverage under the HVHF general permit, an
owner or operator must first develop a Comprehensive SWPPP,
which includes both the Construction SWPPP and HVHF SWPPP.
(2) All of the following criteria must be satisfied in order for an
owner or operator to be authorized to discharge under the HVHF
general permit:
(i) Project review pursuant to the State Environmental Quality
Review Act has been satisfied, where applicable;
(ii) Where required, all necessary Department permits subject to
the Uniform Procedures Act have been obtained, unless
otherwise notified by the Department pursuant to Part 621 of this
Title;
(iii) The final Comprehensive SWPPP has been prepared; and
(iv) A complete Notice of Intent has been submitted to the
Department.
(3) An owner or operator shall not commence any construction
activities related to HVHF operations until its authorization to
discharge under the HVHF general permit is effective.
(4) An owner or operator shall not begin the HVHF Phase until the
Department is notified that the Construction Phase is complete.
(5) An owner or operator shall not begin the Production Phase untilthe Department is notified that the HVHF Phase is complete.
(6) Coverage under the HVHF general permit authorizes
stormwater discharges from construction activities only from those
areas of disturbance that are identified in the Notice of Intent. If an
owner or operator wishes to have stormwater discharges from
future or additional areas of disturbance authorized, they must
submit an amendment to the Notice of Intent that addresses the
future or additional areas of disturbance, unless otherwise notified
by the Department.
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(h) The owner or operator shall ensure that the provisions of the
Construction SWPPP are implemented from the commencement of
the Construction Phase through the HVHF Phase. This includes any
changes made to the Construction SWPPP.
(i) The owner or operator shall ensure that the provisions of the HVHF
SWPPP are implemented from the commencement of the HVHF
Phase through the Production Phase, until the Notice of Termination
has been submitted to the Department. This includes any changesmade to the HVHF SWPPP.
(j) The HVHF general permit may include such provisions as are
applicable, as set forth in sections: 750-1.21, 750-3.1, 750-3.2, 750-
3.3, 750-3.4, 750-3.5, 750-3.8, 750-3.9, 750-3.10, 750-3.11, 750-3.13,
750-3.14, 750-3.18, 750-3,21,750-3.22, 750-3-23, 750-3.24, and 750-
3.25.
(k) As set forth in subdivision 750-1.21(e) of this Title, the Department
may require any discharger authorized to discharge in accordance
with the HVHF general permit to apply for and obtain an individual
SPDES permit or apply for authorization to discharge in accordance
with another general permit.
(l) Duration of the HVHF general permit:
(1) The HVHF general permit shall expire five (5) years from its
effective date.
(2) In the event a new HVHF general permit is not issued prior to
termination of the current HVHF general permit, then the owner or
operator may continue to operate and discharge in accordance with
the terms and conditions of the current HVHF general permit untilsuch time as a new HVHF general permit is issued. Unless
otherwise notified by the Department in writing, an owner or
operator with coverage under the current HVHF general permit that
seeks authorization under the new HVHF general permit must
submit a new Notice of Intent in accordance with the terms of such
new HVHF general permit.
(3) Coverage for new owners or operators will not be accepted
under any continued HVHF general permit.
(m) Transfer of coverage under the HVHF general permit:
(1) If ownership of the site of the HVHF operations changes or there
is a change in operational control over the HVHF operations, the
original owner or operator must notify the new owner or operator, in
writing, of the requirement to obtain general permit coverage by
submitting a Notice of Intent to the Department. Once the new
owner or operator obtains general permit coverage, the original
owner or operator shall then submit a completed Notice of
Termination with the name and permit identification number of the
new owner or operator to the Department.
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(2) General permit coverage for the new owner or operator will be
effective as of the date the Department receives a completed
Notice of Intent, provided the original owner or operator had
coverage under the HVHF general permit as of the date the
Department receives the Notice of Intent from the new owner or
operator.
(3) If the original owner or operator maintains ownership of a portion
of the HVHF operation and will disturb soil, the owner or operatormust maintain its coverage under the HVHF general permit.
(n) Denial, suspension or revocation of coverage under the HVHF
general permit:
(1) The Department may suspend, terminate, or deny an owner's or
operator's coverage under the HVHF general permit if the
Department determines that the Comprehensive SWPPP,
Construction SWPPP, and/or HVHF SWPPP do not meet the
HVHF general permit requirements.
(2) Upon a finding of significant non-compliance with a practice
described in the Construction SWPPP, the Department may order
an immediate stop to all activity at the site associated with the
Construction Phase until the non-compliance is remedied. The stop
work order shall be in writing, describe the non-compliance in detail,
and be sent to the owner or operator. A permittee must comply with
all terms of a stop work order issued pursuant to this paragraph.
(3) Upon a finding of significant non-compliance with the practice
described in the HVHF SWPPP, the Department may order an
immediate stop to all activity associated with HVHF Phase or the
Production Phase until the non-compliance is remedied. The stop
work order shall be in writing, shall describe the non-compliance in
detail, and shall be sent to the owner or operator. A permittee must
comply with all terms of a stop work order issued pursuant to this
paragraph (3).
(o) Unless and until a fee is promulgated specifically for the HVHF
general permit, HVHF operations are considered a SPDES permit for
stormwater discharges from construction activity for purposes of
assessing SPDES general permit fees.
(p) Coverage under the HVHF general permit may be terminated
upon:
(1) completion of the Production Phase resulting from HVHF
operations and plugging and abandonment of all wells used during
the Production Phase;
(2) transfer of coverage under the HVHF general permit where all
other conditions in this general permit for the transfer of coverage
have been met; or
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(3) authorization for the discharge under an alternative SPDES
permit or an individual SPDES permit is obtained.
750-3.22 Confidentiality of information
The regulations listed in section 750-1.22 apply to this section. There
are no additional regulations for this section.
750-3.23 Severability
The regulations listed in section 750-1.23 apply to this section. There
are no additional regulations for this section.
750-3.24 References
(a) The regulations listed in section 750-1.24 apply to this section.
(b) Department's technical standards - 2005 New York State Erosion
and Sediment Controls and the 2010 New York State Stormwater
Management Design Manual.
750-3.25 Operation in Accordance with an HVHF
SPDES permit(a) The regulations in this section are in addition to those listed in
Subpart 750-2.
(b) The owner or operator must keep the Construction SWPPP
current so that it at all times accurately documents the erosion and
sediment control practices that are being used or will be used during
construction, and all post-construction stormwater management
practices that will be constructed on the site.
(c) The owner or operator must keep the HVHF SWPPP current so
that at all times it accurately documents the applicable BMPs.
(d) For the Construction Phase, HVHF Phase, and the Production
Phase, all stormwater discharges must be monitored and recorded to
ensure effective operation.
(e) For the Construction Phase, HVHF Phase, and the Production
Phase, all stormwater discharges must be reported to ensure
compliance with applicable statutes, regulations and HVHF general
permit conditions.
For the Construction Phase, HVHF Phase, and the Production Phase,
all BMPs must be maintained in an effective operating condition. All
BMPs much be inspected to ensure that they are in effective
operating condition. Records must be kept of all inspections. As
determined by the Department, records of inspections must be
reported to the Department on a frequency adequate to prove
effective operating condition of all BMPs.
[1] This setback applies unless waived in writing by well owner.
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