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


750-3.9 Draft Permits and Fact Sheets for New HVHF

SPDES permits


750-3.10 Effluent Limitations in Issued HVHF SPDES

permits


750-3.11 Applications of standards, limitations and other

requirements


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10/ww.dec.ny.gov/regulations/77383.html

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


15/28



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


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


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


21/28



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


750-3.17 Transfer of HVHF SPDES permits

The regulations listed in section750-1.17 apply. There are no


750-3.18 Modification of HVHF SPDES permits



750-3.19 Modification Priority Ranking System



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


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;


22/28



(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;


23/28

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


24/28



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.


25/28



(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.


26/28



(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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Copyright 2012 New York State Department of Environmental Conservation

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Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept

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Transcript of Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - NYS Dept