§ 78a.57. Control, storage and disposal of production fluids.
(a) Unless a permit has been obtained under § 78a.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation of the well in a tank or a series of tanks, or other device approved by the Department for subsequent disposal or reuse. Open top structures may not be used to store brine and other fluids produced during operation of the well. An operator using a pit for storage of production fluids as of October 8, 2016, shall report the use of the pit to the Department no later than April 8, 2017, and shall properly close the pit in accordance with appropriate restoration standards no later than October 10, 2017. Any spills or leaks detected shall be reported and remediated in accordance with § 78a.66 (relating to reporting and remediating spills and releases) prior to pit closure. Except as allowed in this subchapter or otherwise approved by the Department, the operator may not discharge the brine and other fluids on or into the ground or into the waters of the Commonwealth. Unless separately permitted under the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003), wastes may not be stored at a well site unless the wastes are generated at or will be beneficially reused at that well site.
(b) An operator may not use a pit for the control, handling or storage of brine and other fluids produced during operation of a well.
(c) Secondary containment is required for all new, refurbished or replaced aboveground primary containment, including their associated manifolds, that contain brine and other fluids produced during operation of the well. If one tank in a series of tanks is added, refurbished or replaced, secondary containment is required for the entire series of tanks. The secondary containment area provided by dikes or other methods of secondary containment open to the atmosphere must have containment capacity sufficient to hold the volume of the largest single aboveground tank, plus an additional 10% of volume for precipitation. Compliance with § 78a.64 (relating to secondary containment around oil and condensate tanks) or using double walled tanks capable of detecting a leak in the primary containment fulfills the requirements in this subsection.
(d) Primary containment used to store brine or other fluids produced during operation of the well shall be designed, constructed and maintained to be structurally sound in accordance with sound engineering practices adhering to Nationally recognized industry standards and the manufacturer’s specifications. Tanks that are manifolded together shall be designed in a manner to prevent the uncontrolled discharge of multiple manifolded tanks.
(e) Underground or partially buried storage tanks used to store brine or other fluids produced during operation of the well shall be designed, constructed and maintained to be structurally sound in accordance with sound engineering practices adhering to Nationally recognized industry standards and the manufacturer’s specifications. A well operator utilizing underground or partially buried storage tanks as of October 8, 2016, shall provide electronically to the Department a list of the well sites through its web site where the underground or partially buried storage tanks are located by April 8, 2017. A well operator shall register the location of an additional underground storage tank prior to installation. Registration shall utilize forms provided by the Department and be submitted electronically to the Department through its web site.
(f) All new, refurbished or replaced aboveground storage tanks that store brine or other fluid produced during operation of the well must comply with the corrosion control requirements in § § 245.531—245.534 (relating to corrosion and deterioration prevention), with the exception of use of Department-certified inspectors to inspect interior linings or coatings.
(g) All new, refurbished or replaced underground storage tanks that store brine or other fluid produced during operation of the well must comply with the corrosion control requirements in § 245.432 (relating to operation and maintenance including corrosion protection) with the exception of use of Department-certified inspectors to inspect interior linings.
(h) All new, refurbished or replaced tanks storing brine or other fluids produced during operation of the well must be reasonably protected from unauthorized acts of third parties. Unless the tank is surrounded by a fence, tank valves and access lids must utilize locks, open end plugs or removable handles and ladders on tanks must be retractable or other measures that prevent access by third parties.
(i) Tanks storing brine or other fluids produced during operation of the well shall be inspected by the operator at least once per calendar month and documented. Deficiencies noted during the inspection shall be addressed and remedied. When substantial modifications are necessary to correct deficiencies, they shall be made in accordance with manufacturer’s specifications and applicable engineering design criteria. Any deficiencies identified during the inspection shall be reported to the Department electronically through its web site within 3 days of the inspection and remedied prior to continued use of the tank. Inspection records shall be maintained for 1 year and made available to the Department upon request.
Cross References This section cited in 25 Pa. Code § 78a.54 (relating to general requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
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