HomeMy WebLinkAbout20142684.tiff •
COLORADO
%IS/ Department of Public
•"•%' Health&Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
August 18, 2014 RECEIVED
Mr. Bruce Clabaugh, M.S., R.S.
Manager, Environmental Protection AUG 2 2 2014
Waste Management
5500 S. Quebec Street, Suite 250 WELD COUNTY
Greenwood Village, CO 80111 COMMISSIONERS
RE: Applicability of the Solid Waste Regulations to the Proposed Commercial Exploration and
Production Waste Treatment and Recycling Operations at Buffalo Ridge Landfill
SW-WLD-BRL 1.1
Mr. Clabaugh,
The Hazardous Materials and Waste Management Division ("the Division") of the Colorado Department
of Public Health and Environment ("the Department") appreciates the opportunity to provide an
overview of the applicability of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR,
1007.2, Part 1 ("the Solid Waste Regulations") to the proposed commercial oil and gas exploration and
production waste ("E&P waste") treatment and recycling facility next to the Buffalo Ridge Landfill.
The Division met with the Colorado Oil and Gas Conservation Commission ("COGCC"), representatives
of Waste Management, and the Colorado Attorney's General Office ("the AGO") on March 3, 2014 to
discuss the proposed operations. The Division's subsequent coordination with the COGCC and the AGO
led to the regulatory interpretations provided below.
Waste Management is proposing to construct and operate a commercial E&P waste treatment and
recycling facility adjoining the Buffalo Ridge Landfill located at 11655 WCR 59 in Keensburg, CO. It is
the Division's understanding that the proposed facility will be located outside Buffalo Ridge Landfill's
Certificate of Designation ("CD") boundary. Waste Management presented six scenarios, using a block
flow diagram, for treatment and recycling of E&P water and semi-solids. Each scenario is provided
below:
1. Solidification of E&P slurries and either beneficial use or disposal of the solidified matrix at the
Buffalo Ridge landfill;
2. Recycling of E&P generated oil/water slurries with the solids removed for beneficial use or
disposal, and the water either recycled for beneficial uses or deep well injection. The oil
removed in this scenario will be sold as crude oil;
3. Recycling E&P generated high oil content slurries with the oil separated and sold as crude oil,
the solids beneficially used or disposed of in the Buffalo Ridge landfill and the water recycled
for beneficial uses or disposed of via deep well injection;
4. Recycling E&P produced water to remove solids and processed for beneficial use or for disposal
at the Buffalo Ridge Landfill, the water treated for disposal via deep well injection or recycled
for oil and gas production uses, and the oil and water slurry sent through the process identified
in #2 above;
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5. Treating E&P generated drilling fluid to separate oil and water to be sent to the oil/water
slurry process in #2 above, drilling fluids recycled for reuse by oil and gas operators, and solids
removed for beneficial use or disposal in the landfill; and
6. Treating E&P generated oily solids for beneficial use or land application.
The Hazardous Materials and Waste Management Division's regulatory authority or the Colorado Oil
and Gas Conservation Commission Authority?
The Division provides regulatory oversight for the commercial disposal, treatment and recycling of E&P
waste. However, the Division currently holds/a Meihoranda of Understanding with the COGCC in which
the Divisioh`defers to the OGCC for the regulation of disposal of E&P wastes at Class II commercial
injection well disposal sites, including OGCC regulation of E&P wastes placed in surface structures
appurtenant to such wells, prior to disposal of Class II wastes down the well (collectively, "downhole
disposal").
After consulting with the COGCC and AGO, the Division finds that commercial treatment, disposal or
recycling activity occurring at Waste Management's proposed commercial facility will be subject to the
Solid Waste Regulations, except when the purpose of the final storage is solely for downhole disposal in
a Class II injection well. COGCC wilt retain regulatory authority for the Buffalo Ridge E&P waste
disposal facility if downhole injection, and the treatment for downhole injection are the only activities
occurring onsite. The Division will provide regulatory oversight, using the Solid Waste Act and
Regulations, for all other commercial disposal scenarios presented.
Applicable Solid Waste Regulations to Waste Management's Proposed Operations
E&P Waste Impoundments
Sections 1, 2, 3, 8 and 17 of the Solid Waste Regulations provide requirements for the disposal,
treatment and recycling of E&P waste. If Waste Management proposes to use waste impoundments for
storage as part of the recycling activities, the impoundments would be subject to Section 8 of the Solid
Waste Regulations. Waste Management does not propose to utilize waste impoundments for the
disposal of E&P liquids, so Section 17, Exploration and Production Waste Impoundments of the Solid
Waste Regulations is not applicable to the Buffalo Ridge facility.
Recycling and Benefidal Use
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Section 8.5, Industrial Recycling Operations, provides operational requirements for E&P recycling
facilities, and Section 8.6 provides beneficial use requirements for potential beneficial uses of solid
waste. Section 8.5.5(8) requires E&P waste recycling facilities to submit a design and operations plan
("D&O Plan") for review and approval prior to accepting E&P waste for recycling because E&P wastes
are considered liquid or leachable.
Section 8.6 does not specifically address the beneficial use requirements for E&P waste except that
Section 8.6.2 provides "performance and storage standards" that any beneficial use should meet. The
Division considers beneficial uses of E&P waste on a case-by-case basis and Waste Management should
submit a beneficial use plan to the Division for review and approval prior to beneficially using
commercially treated E&P waste.
Colorado Revised Statutes 5 30-20-102(5) exempts solid waste recycling facilities from the requirement
to obtain a CD when they are operated for the purposes of recycling provided that the facility does not
contaminate groundwater as a result of recycling, create off-site odors, and the facility meets the
turnover rates specified by the Solid Waste Regulations. Therefore, the Division requests that any
facility recycling liquid or leachable wastes submit a D&0 Plan that meets the minimum operational
standards of Section 8 and the applicable engineering design and operation requirements of Sections 2
and 3 of the Solid Waste Regulations.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe * c o a H r
rl7
John W. Hickenlooper,Governor I Larry Wolk,MD,MSPH, Executive Director and Chief Medical Officer CO
Treatment for Disposal
Sections 2 and 3 of the Solid Waste Regulations apply to,those solid waste sites that commercially
accept E&P waste for treatment and/or disposal. The applicability of specific requirements of Sections
2 and 3 depends on the type of treatment or disposal conducted at the facility. According to the block
flow diagram provided to the Division, final disposal of the waste accepted at the Buffalo Ridge E&P
waste facility will occur through recycling or in the existing permitted Buffalo Ridge solid waste landfill
if material cannot be recycled. Therefore, there are requirements in Sections 2 and 3 that may not be
applicable. However, the facility should be designed to be as protective of public health and
environment as those requirements in Sections 2 and 3.
The Division cannot determine if the proposed facility will be operated primarily as a disposal
operation or a recycling operation because the block flow diagram does not present total quantities to
be recycled and disposed of using each scenario. Also, the Division only provides a "recycling
determination" after reviewing a D&O plan for facilities managing liquid or leachable materials. Waste
Management should provide a D&O Plan and a beneficial use plan to the Division for review so the
Division can determine if the facility will be operated for the purposes of recycling. Alternatively,
Waste Management may obtain a CD from Weld County and provide both E&P waste disposal and
recycling services under the CD.
The Division recommends that Waste Management contact the State Engineer's Office of the Colorado
Department of Natural Resources to verify if proposed beneficial uses comply with state water laws.
The State Engineer's Office can be reached at 303. 866-3581.
Please contact David Snapp at 303-692-3425 or Charles Johnson at 303-692-3348 if you have questions
regarding this letter.
Sincerely,
o
Da napp Charles G. John n, ager
Environmental Protection Specialist Solid Waste and Mat 'als Management Program
Solid Waste and Materials Management Program Hazardous Materials and Waste Management
Hazardous Materials and Waste Management Division
Division
CC: Heather Barbare, Weld County Dept. of Public Health and Environment
Greg Deranleau, Colorado Oil and Gas Conservation Commission
Matt Lepore, Colorado Oil and Gas Conservation Commission
David Kreutzer, Colorado Attorney General's Office
Mari Deminski, Colorado Attorney General's Office
Jake Matter, Colorado Attorney General's Office
-*Weld-county Commissioners
Adams County Commissioners
Attachement: CDPHE and COGCC MOU Regarding the Disposal of Eligible Wastes at Commercial Class II
Injection Wells
* co' e
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe H
John W. Hickenlooper, Governor I Larry Wolk,MD,MSPH, Executive Director and Chief Medical Officer CO
a+ V %1I/ .. I
OCT 12 2000
S IATEAI,,
MEMORANDUM OF UNDERSTANDING
Between the Hazardous Materials and Waste Management Division and
the Colorado Oil and Gas Conservation Commission
Regarding the Disposal of Eligible Wastes at Commercial Class II Injection Wells
WHEREAS, the Oil and Gas Conservation Commission ("OGCC") has regulatory
authority over the disposal of exploration and production wastes ("E&P wastes") from oil
and gas operations, pursuant to §§ 34-60-105 and 106, C.R.S.; and
WHEREAS, pursuant to § 34-60-106(9), C.R.S., the OGCC has authority to regulate
Class II injection wells for the purpose of protecting underground drinking water
supplies; and
WHEREAS, the Environmental Protection Agency and the OGCC have entered into a
Memorandum of Agreement that grants the OGCC primacy over Class II injection wells
pursuant to 42 U.S.C. §300h-1(b); and
WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act, §30-20-
100.5 et seq., the Hazardous Materials and Waste Management Division ("the
Division") in the Department of Public Health and Environment has regulatory authority
over disposal of solid waste; and
WHEREAS, pursuant to § 30-20-101(6)(b)(VI), C.R.S. the term "solid waste" includes
E&P wastes when such wastes are deposited at a commercial solid waste facility; and
WHEREAS, the term "Class Ii wastes" includes those E&P wastes that have been
brought to the surface in connection with natural gas storage operations or conventional
oil and natural gas production, which may be commingled with waste waters from gas
plants which are an integral part of production operations provided those waters are not
classified as hazardous waste at the time of injection. Class II wastes shall be the only
E&P wastes eligible for disposal into a Class II well; and
WHEREAS, there exist in this state commercial solid waste disposal facilities that
include the use of Class II injection wells for the disposal of Class II wastes, with
incidental processing or disposal of E&P wastes;
CONSEQUENTLY, the OGCC and the Division may have overlapping regulatory
authority regarding the disposal of E&P wastes at commercial solid waste facilities with
Class II injection wells.
NOW,THEREFORE, the OGCC and the Division agree as follows:
1. The Division will defer to OGCC regulation of disposal of E&P wastes at Class II
commercial injection well disposal sites, including OGCC regulation of E&P wastes
placed in surface structures appurtenant to such wells, prior to disposal of Class II
wastes down the well (collectively, "downhole disposal").
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2. The OGCC shall determine which E&P wastes may be eligible for disposal into a
Class II injection well as a Class 1l waste.
3. The Division will exercise its authority under the Solid Waste Disposal Sites and .
Facilities Act ("Solid Waste Act") regarding disposal of E&P wastes at commercial
disposal sites, other than downhole disposal. OGCC will defer to such regulation.
4. Nothing herein affects the authority of any local governing body having jurisdiction to
require a Certificate of Designation ("CD") under the Solid Waste Act.
5. If a local governing body having jurisdiction requires a CD for surface facilities
related to downhole disposal, the Division will be the point of contact for
communications with the city or county. The Division will promptly forward a copy of
the CD application to the OGCC for review. The Division and the OGCC agree to
meet the time frames for review set out in § 30-20-103(2) and (3) of the Solid Waste •
Act, and to determine the state regulatory agency that will provide oversight for the
CD application. The state regulatory agency providing oversight for the CD
application shall provide the opportunity for public comment required by§ 30-24-
1.03(1). When the OGCC exercises oversight over the CD application, the Division
will defer to the OGCC's evaluation of the environmental impacts of such disposal
6. The Division does not have authority over disposal of E&P wastes at non-
commercial facilities.
7. APPROVALS
Department of Natural Resources Department of Public Health and
Environment
Richard Griebling, Direct Howard Roitman, Di r
Oil and Gas Conservati ommission Hazardous Materials and Waste
Management Division
Date: /a -O , —G,"O Date: i --S -
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