Becoming authorized to recycle solid oil & gas drilling wastes is handled by each state through the regulatory groups empower by the Environmental Protection Agency (EPA) to handle these activities. The EPA has instituted a set of standards to which all Waste Recycling must satisfy and then each state has the authority to increase the qualifications even further at the state level.
In the state of Texas, any company seeking a permit to be recognized as an authorized recycling entity must meet, and agree to uphold, a comprehensive list of qualifying factors. The Railroad Commission of Texas(RRC) outlines a specific set of criteria pertaining to operating, testing and re-use metrics that ensure the highest level of quality for services and products satisfies the stringent requirements. Boldwater submits reports quarterly to the RRC with the details for the RCRA Exempt Solid Oil & Gas drilling waste associated with each well.
Boldwater has not only satisfied the criteria and held-in-good-standing a permit to treat and recycle solid drilling waste from the Railroad Commission of Texas since our inception, we have also experienced a 100% success rate on the several hundreds of projects we’ve undertaken.
Texas Passes New Law Recognizing Title Transfer for Permitted Recycling of Oil & Gas Related Drilling Wastes
Historically all drilling waste related to the drilling of an oil or gas well belongs to and is the sole responsibility of the Operator of record for the well forever or as often stated, “From cradle to Grave”. Every Operator that historically drilled an oil or gas well in Texas generates what is called RCRA exempt waste generated from drilling in the ground and has complete ownership of this waste and all associated environmental liabilities in perpetuity, regardless of the chain of custody.
When drilling wastes are hauled off the drill site to a disposal facility, that facility must be permitted for RCRA exempt wastes although the ownership and full environmental liability remains with the Operator that generated the drilling waste. Similarly, if the drilling wastes are buried on lease or handled in any way other than being recycled by a Permitted Recycler, the drilling waste remains the responsibility of the Operator that drilled the well.
Recycling of RCRA Exempt solid oil and gas drilling wastes has become a viable alternative for Oil and Gas Operators over the last few years. Most are classified as Commercial Recyclers which operate off-lease and require that the drilling waste be hauled to their Permitted facility where the waste materials can be recycled. Then the Recycled Materials must be hauled away from the facility to be reused. Boldwater Environmental Services is the first Permitted Recycler today that operates as a mobile facility working on-lease which eliminates all the trucking associated with the drilling waste.
The Texas Legislature, in its 2015 session, passed HB 1331* which supports EPA rule and further defines that Permitted Recycling of solid oil and gas drilling wastes breaks the chain of liabilities for an Operator once reused and documented by the Permitted Recycler and as regulated by the Railroad Commission of Texas.
This new law that takes effect September 1, 2015 also recognizes that the solid oil and gas drilling waste is transferred to a Permitted Recycler when the waste is transferred by truck and delivered a Commercial Recycling facility, unless otherwise stipulated by contract.
This means that when the material is delivered and transferred from the drill rig by either the Operator or Recycler, to the Recycler, the Recycler accepts ownership of the material and is henceforth responsible for recycling the waste and handling where the drilling waste ends up.
While the language of the bill attempts to be clear, its interpretation and implementation is left in the hands of the Railroad Commission of Texas to set the rules and regulate compliance for the new law.
Austin environmental law practitioner notes: “HB 1331 extends tort protections previously associated with the recycling of oil and gas drilling waste. The intent of this legislation presumably is to further encourage the beneficial reuse of recycled oilfield wastes by defining for producers the incentive of certain protections from tort liability.
These statutory protections are limited, so producers of oil field wastes would do well to consider the spectrum of liabilities they face and how best to manage these drilling wastes to minimize their exposure to those liabilities.”
This new law, sponsored by Representative Phil King, was also intended to encourage the recycling of drilling wastes and to further define that a Permit in good standing is required from the Railroad Commission of Texas to recycle such drilling wastes.
Representative Jim Murphy, who voted for the bill, mentioned in a recent email exchange: “Passage of HB 1331 will benefit our energy industry while making it easier for recycling these wastes. I was proud to join my colleagues in voting for this bill and thank Chairman King for his leadership as its author.”
Notes:
*Bill Language: http://www.legis.state.tx.us/tlodocs/84R/billtext/pdf/HB01331F.pdf#navpanes=0
May 15, 2017
Re: Business Planning and Description of Services
Boldwater Environmental Solutions Bio-Remediation and Recycling of Solid Oil & Gas Wastes and hydrocarbon contaminated soils
Boldwater Environmental Solutions, LLC (BOLDWATER) utilizing technology developed and licensed by Boldwater USA offers the complete remediation of solid oil and gas drilling wastes such as drill cuttings and hydrocarbon contaminated soils on lease and at your drill site. BOLDWATER introduces specially selected all- natural biological materials and optimizes the hydrocarbon decay utilizing our patent pending processes to then develop a high quality Recycled road base material for reuse or sale all for costs comparable to or less than traditional trucking and disposal costs.
The materials utilized are 100% natural products derived from naturally occurring and sustainable sources which are safe to handle, transport, use and dispose of when the job is completed. BOLDWATER is proud offer the field services and support to promote and support these biological based and eco-friendly services to the oil and gas industry along with our commitment to satisfaction and results.
The patent pending processes utilizes a natural complex microbial blend to rapidly eliminate hydrocarbon contamination associated with the waste. The first step is the treatment and Bio-Remediation of the hydrocarbon contamination. The second step is the recycling of the Bio-Remediated waste material to develop a high-quality road base and construction material for use or for sale. The field services and technology were developed as mobile processes that generally are deployed into the field at drilling sites or centralized on lease locations which the need for trucking as well as the loading, unloading and disposal Boldwater associated with the waste materials.
BOLDWATER has specifically designed services to support the upstream oil and gas industry as well as the midstream handling and downstream refining and processing industries in the treatment, Bio-Remediation and recycling (if applicable) of solid oil and gas drilling wastes as well as all hydrocarbon contaminated soils. BOLDWATER is a Texas based business established by Boldwater USA to provide the technical field supervision and regulatory services involved in the application of this technology.
Bio-Technology is the use of microbes and life processes to produce materials and products that are useful to mankind. Therefore, techniques that use living organisms for specific uses are defined as Bio-Technology. The understanding of Bio-Technology has accelerated greatly from that utilized 20 or 30 years ago, and as a result, Bio-Technology now represents a much more sophisticated set of techniques and tools. These techniques and tools are taken from biochemistry, immunology, microbiology, cell biology and chemistry, are used to address a variety of environmental challenges including the applications designed by Boldwater USA.
Bio-Remediation has proven to be an economical and safe method for cleaning up oil spills and soils contaminated with petroleum hydrocarbons and dangerous organic compounds. The Bio-Remediation process utilizes beneficial microbes, natural surfactants, micronutrients and bio-stimulants to decompose hydrocarbon contaminants transforming them into harmless byproducts such as water and carbon dioxide.
BOLDWATER is permitted through the Railroad Commission (RRC) of Texas, vetted through the New Mexico OCD, as well as the Oklahoma OCC and Lousiana LDR to provide field and regulatory services ensuring that all the state and EPA requirements are satisfied in the recycling of the solid oil and gas waste and provides a recycled material with beneficial use or reuse. BOLDWATER continues to expand to offer services in other states by establishing the appropriate regulatory authorization and guidelines.
These services and processes allow BOLDWATER to treat and Bio-Remediate all the waste during the drilling process and we typically complete this step within hours from achieving Total Depth of a well. We treat the waste & rapidly minimize hydrocarbons, eliminate volatile organic compounds, benzene, toluene and similar compounds associated with the solid waste material. Unlike others that only dilute or create short term bonding with hydrocarbon molecules, BOLDWATER eliminates the hydrocarbon compounds and eliminates the potential for future contamination associated with leaching or contamination. All treating materials and processes implemented by BOLDWATER are eco-friendly, microbial based blends designed to decompose the range of hydrocarbon compounds that we have readily available allowing us to mobilize to any location quickly.
The state of Texas requires that any hydrocarbon treating work MUST be conducted in containers or a lined surface pit. Any hydrocarbon treatment of cuttings or solid oil and gas waste in an unlined surface or reserve pit is a violation of regulatory law. Our Bio-Remediation and treatment processes are handled inside of open top boxes and then transferred to a lined surface area to hold theBio- Remediated material while 3rd party lab testing is completed. The lab tests verify all recycling control parameters required by the state as well as federal rules. Once lab results are completed, the Remediated material is available for Reuse.
The Texas parameters for recycling of these waste materials test for: 1) SPLP by EPA Method 1312 for Arsenic, Barium, Cadmium, Chromium (total), Lead, Mercury, Selenium, Silver, Zinc, Benzene, and 2) LDNR Leachate Test Method 1:4 Solid Solution for Chlorides, TPH and pH, and 3) Unconfined Compressive Strength by Tx-120-E Method.
The Recycled Material is designed to exceed TxDOT Grade 2 Flexible Road Base criteria and we have demonstrated the ability to satisfy the even higher TxDOT Grade 1 requirements when desired. The RRC of Texas has pre-approved this Recycled Material for use on lease and ranch roads, drilling or production pads, compressor or pump station sites and similar new construction or repair work. The material is also pre-approved and sold for reuse on county road construction and maintenance.
Key benefits are:
- Eliminate transportation of these wastes and the impact on county, state and federal roads.
- Eliminate risk or spills, accidents and related transportation liabilities.
- Eliminate or reduce use of disposal dump sites.
- Waste is Bio-Remediated quickly and BOLDWATER handles all records and reporting.
- Recycled material is much higher quality and offsets purchases of similar materials.
- Recycled material can be sold, transferred or donated for approved reuse.
- BOLDWATER provides a reduced cost associated with these wastes.
- Eliminate volatile organic compounds (VOC’s) at the field locations.
- Safely manage these wastes where and when they were generated with proper regulatory controls.
- Eliminate property devaluations associated with disposal and dump sites and long-term liabilities.
