R 299.2442 Surface facilities; request for approval; other permits required.

Rule 2442. (1) A permittee shall submit to the supervisor of mineral wells a written request for approval to construct or substantially modify and operate a surface facility or flow line. The request may be filed with the application for a permit to drill and operate a well. (2) A request for a surface facility shall include all of the following information, or in the case of a substantial modification, updates of the following information: (a) An environmental impact assessment. (b) A scale map showing the location of the proposed surface facility. (c) Identification of the well or wells to be connected to the surface facility. (d) Reasonable and necessary measures to protect environmental values associated with existing adjacent land uses, including berming, screening, and access road location. (e) Information relative to the approximate distances and directions from the surface facility or flow line to items identified in R 299.2311(2)(e)(iv). (f) Identification of the fluid streams to be handled at the surface facility. (g) A schematic of the flow schemes, including the location and storage capacities of all on-site surface equipment. (h) A copy of the spill response plan. (i) Secondary containment plans showing construction details of dikes and floors of all secondary containment areas. (j) Details of tank overfill prevention systems. (3) A request to construct or substantially modify a flow line shall include all the following information: (a) Material specifications for the proposed flow line material, including composition, burst strength, corrosion resistance and other engineering data to characterize the suitability of the pipe for transporting the liquid proposed. (b) Details of flow line construction procedure, including burial depth, method of forming joins, quality control procedures for joins, procedures for pre-use leak testing and other information to characterize the installation from the standpoint of minimizing leaks. (c) Details of flow line operation, including placement of emergency shutoff valves, maximum anticipated operating pressure, and plans for leak detection by means of any of the following: (i) Regular inspections or corridor patrols. (ii) Installation of monitoring systems for leak detection. (iii) Flow line pressure testing. (iv) Any other method and placement of emergency shutoff valves and maximum anticipated operating pressure. (d) A scale map showing the proposed route of the flow line. (e) A copy of the spill response plan. A spill response plan prepared under another part of the act is acceptable. (4) Upon receipt of a written request for approval to construct and operate or to substantially modify and operate a surface facility or flow line, other than a request made as part of an application for permit to drill and operate a well, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have up to 30 days to review the request to determine if the request is accurate and administratively complete. (5) If the request is determined to be inaccurate or incomplete, then the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall, within the 30-day period, provide the person making the request with a notice that the request is inaccurate or incomplete and what changes or additional information shall be submitted. Upon receipt of the requested information, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have up to an additional 15 days to review the information to determine if the request is accurate and administratively complete. (6) If a request to construct and operate a surface facility or flow line is submitted with an application to drill and operate a storage or disposal well, and if the supervisor of mineral wells holds a hearing, as allowed in R 299.2312(m) or R 299.2320, the review process will continue until the hearing has been conducted and all evidence presented at the hearing has been reviewed. (7) Upon completion of the review process, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall approve or deny the request within 11 business days. A request shall be approved if the supervisor of mineral wells determines that construction and operation of the proposed surface facility or flow line will prevent waste, protect environmental values, and not compromise public safety. Upon approval by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, a request made under this rule shall become part of the permit to drill and operate the well or wells served by the surface facility. (8) A determination of administrative completeness does not mean that additional information may not be required from the applicant as a result of new circumstances that come to the attention of the supervisor of mineral wells. (9) The supervisor of mineral wells shall not approve construction of a surface facility or flow line by a person or an authorized representative of a person if the person is not eligible for a permit. (10) If discharges to the air, surface waters, or groundwater of the state are likely to occur at a surface facility, then a permittee shall apply for and obtain all necessary state and federal discharge permits before operating the surface facility.