Standards of performance for new sources (NSPS).

  1. Law
  2. CFR 40
  3. Protection of Environment
  4. Environmental Protection Agency
  5. Effluent Guidelines and Standards
  6. Oil and Gas Extraction Point Source Category
  7. Offshore Subcategory
  8. Standards of performance for new sources (NSPS).

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§ 435.15 Standards of performance for new sources (NSPS).

Any new source subject to this subpart must achieve the following new source performance standards (NSPS):

Expand Table

New Source Performance Standards

Waste source Pollutant parameter NSPS
Produced water Oil and grease The maximum for any one day shall not exceed 42 mg/l; the average of daily values for 30 consecutive days shall not exceed 29 mg/l.
Drilling fluids and drill cuttings:
(A) For facilities located within 3 miles from shore No discharge.1
(B) For facilities located beyond 3 miles from shore:
Water-based drilling fluids and associated drill cuttings SPP Toxicity Minimum 96-hour LC50. of the SPP Toxicity Test2 shall be 3% by volume.
Free oil No discharge.3
Diesel oil No discharge.
Mercury 1mg/kg dry weight maximum in the stock barite.
Cadmium 3 mg/kg dry weight maximum in the stock barite.
Non-aqueous drilling fluids No charge.
Drill cuttings associated with non-aqueous drilling fluids:
Stock Limitations (C16-C18 internal olefin Mercury 1mg/kg dry weight maximum in the stock barite.
Cadmium 3 mg/kg dry weight maximum in the stock barite.
Polynuclear Aromatic Hydrocarbons (PAH) PAH mass ratio5 shall not exceed 1 × 10−5.
Sediment toxicity Base fluid sediment toxicity ratio6 shall not exceed 1.0.
Biodegradation rate Biodegradation rate ratio7 shall not exceed 1.0.
Discharge Limitations Diesel oil No discharge.
SPP Toxicity Minimum 96-hour LC50. of the SPP Toxicity Test2 shall be 3% by volume.
Sediment toxicity Drilling fluid sediment toxicity ratio8 shall not exceed 1.0.
Formation Oil No discharge.9
Base fluid retained on cuttings For NAFs that meet the stock limitations (C16-C18 internal olefin) in this table, the maximum weighted mass ratio averaged over all NAF well sections shall be 6.9 g-NAF base fluid/100 g-wet drill cuttings.10
For NAFs that meet the C12-C14 ester or C8 ester stock limitations in footnote 11 of this table, the maximum weighted mass ratio averaged over all NAF well sections shall be 9.4 g-NAF base fluid/100 g-wet drill cuttings.
Well treatment, completion, and workover fluids Oil and grease The maximum for any one day shall not exceed 42 mg/l; the average of daily values for 30 consecutive days shall not exceed 29 mg/l.
Deck drainage Free oil No discharge.4
Produced sand No discharge.
Sanitary M10 Residual chlorine Minimum of 1 mg/l and maintained as close to this as possible.
Sanitary M9IM Floating solids No discharge.
Domestic Waste Floating solids No discharge.
Foam No discharge.
All other domestic wastes See 33 CFR part 151.

1 All Alaskan facilities are subject to the drilling fluids and drill cuttings discharge standards for facilities located more than three miles offshore.

2 As determined by the suspended particulate phase (SPP) toxicity test. See § 435.11(gg).

3 As determined by the static sheen test. See § 435.11(hh).

4 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen).

5 PAH mass ratio = Mass (g) of PAH (as phenanthrene)/Mass (g) of stock base fluid as determined by EPA Method 1654, Revision A, [specified at § 435.11(u)] entitled “PAH Content of Oil by HPLC/UV,” December 1992, which is published as an appendix to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(uu).

6 Base fluid sediment toxicity ratio = 10-day LC5. of C16-C18 internal olefin/10-day LC5. of stock base fluid as determined by EPA Method 1644: “Method for Conducting a Sediment Toxicity Test with Leptocheirus plumulosus and Non-Aqueous Drilling Fluids or Synthetic-Based Drilling Muds” after preparing the sediment according to the procedure specified in EPA Method 1646, which are published as appendices to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(ee) and (uu).

7 Biodegradation rate ratio = Cumulative headspace gas production (ml) of C16-C18 internal olefin/Cumulative headspace gas production (ml) of stock base fluid, both at 275 days as determined by EPA Method 1647, which is published as an appendix to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(e) and (uu).

8 Drilling fluid sediment toxicity ratio = 4-day LC5. of C16-C18 internal olefin drilling fluid/4-day LC5. of drilling fluid removed from drill cuttings at the solids control equipment as determined by EPA Method 1644: “Method for Conducting a Sediment Toxicity Test with Leptocheirus plumulosus and Non-Aqueous Drilling Fluids or Synthetic-Based Drilling Muds” after sediment preparation procedures specified in EPA Method 1646, which are published as appendices to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(ee) and (uu).

9 As determined before drilling fluids are shipped offshore by the GC/MS compliance assurance method (EPA Method 1655), and as determined prior to discharge by the RPE method (EPA Method 1670) applied to drilling fluid removed from drill cuttings. If the operator wishes to confirm the results of the RPE method (EPA Method 1670), the operator may use the GC/MS compliance assurance method (EPA Method 1655). Results from the GC/MS compliance assurance method (EPA Method 1655) shall supersede the results of the RPE method (EPA Method 1670). EPA Method 1655 and 1670 are published as appendices to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(uu).

10 Maximum permissible retention of non-aqueous drilling fluid (NAF) base fluid on wet drill cuttings averaged over drilling intervals using NAFs as determined by EPA Method 1674, which is published as an appendix to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(uu). This limitation is applicable for NAF base fluids that meet the base fluid sediment toxicity ratio (Footnote 6), biodegradation rate ratio (Footnote 7), PAH, mercury, and cadmium stock limitations (C16-C18 internal olefin) defined above in this table.

11 Maximum permissible retention of non-aqueous drilling fluid (NAF) base fluid on wet drill cuttings average over drilling intervals using NAFs as determined by EPA Method 1674, which is published as an appendix to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(uu). This limitation is applicable for NAF base fluids that meet the ester base fluid sediment toxicity ratio and ester biodegradation rate ratio stock limitations defined as:

(a) ester base fluid sediment toxicity ratio = 10-day LC5. of C12-C14 ester or C8 ester/10-day LC5. of stock base fluid as determined by EPA Method 1644: “Method for Conducting a Sediment Toxicity Test with Leptocheirus plumulosus and Non-Aqueous Drilling Fluids or Synthetic-Based Drilling Muds” after sediment preparation procedures specified in EPA Method 1646, which are published as appendices to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(ee) and (uu);

(b) ester biodegradation rate ratio = Cumulative headspace gas production (ml) of C12-C14 ester or C8 ester/Cumulative headspace gas production (ml) of stock base fluid, both at 275 days as determined by EPA Method 1647, which is published as an appendix to subpart A of this part and in “Analytic Methods for the Oil and Gas Extraction Point Source Category,” EPA-821-R-11-004. See § 435.11(e) and (uu); and (c) PAH mass ratio (Footnote 5), mercury, and cadmium stock limitations (C16-C18 internal olefin) defined above in this table.

[58 FR 12504, Apr. 13, 1979, as amended at 66 FR 6900, Jan. 22, 2001; 66 FR 33134, June 20, 2001; 69 FR 18803, Apr. 9, 2004; 77 FR 29836, May 16, 2012]


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