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11/29/12

Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3


Obtaining A SPDES Permit and HighVolume Hydro Fracturing (HVHF)
Please note: underlines contained in the text of the express terms denote 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 170807 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 7501.1. 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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 have ceased 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 nonstructural 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 gas development 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 inspector verifies 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 is manufactured 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 coproduced 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 part of 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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 by the 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 permit American 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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) provide adequate 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 make modifications 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 drainage mitigation 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 and production 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 capacity to 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 HVHF wastewater 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 the disposal 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 Departmentwww.dec.ny.gov/regulations/77383.html 18/28

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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 will provide 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 applicable individual 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 be metered 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 7501.20, 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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 Private Water Wells Wetland Storm drains, lakes, or ponds, and perennial or intermittent streams, as described in 6 NYCRR Parts 800-910 P Perennial or intermittent streams, as described in 6 NYCRR Parts 800-910, and that are tributary to surface public drinking water supplies. 500 feet 500 feet[1] 100 feet 150 feet 500 feet

(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 under either 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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 until the 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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 changes made 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, 7503.3, 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 7503.25. (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 until such 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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 operator must 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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

(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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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept. of Environmental Conservation

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