What about the OCC?

The Oklahoma Corporation Commission (OCC) is the state agency responsibility is to assure protection of the Oklahoma water and soil resources by providing equitable regulation and enforcement of sound waste management and remediation practices for the domestic oil and gas industry and associated surface and mineral owners.

 Oklahoma Senate Bill 549, passed in 1999, required all of Oklahoma’s environmental agencies to write and by July 1, 2001 implement a Water Quality Standards Implementation Plan (WQSIP) specifying how the State’s water quality standards will be applied within each agency’s areas of environmental jurisdiction. The Oklahoma Corporation Commission’s (Corp Comm’s) Oil and Gas Division has jurisdiction over many areas, from pipelines to oil and gas exploration and production to spill remediation, that are addressed by the Division’s newly adopted WQSIP. Included in the WQSIP are 1) how the WQSIP applies in each Corp Comm jurisdictional area, 2) the water quality standards to be met when a spill affects or potentially affects surface or ground water, 3) where (regulatory point of compliance) these Water Quality Standards must be met, and 4) how the remediation/cleanup standards for soil and water (numerical table or RBCA derived) at the problem’s source will be set.

According to the Oklahoma Corporation Commission the Pollution Abatement staff enforces and implements the Water Quality Standards Implementation Plan. PA staff also perform and/or oversee all federal Clean Water Act (CWA) related activities, including 1) monitoring surface and ground waters of the state, 2) determining which surface waters are impaired by substances related to activities the Oil & Gas Conservation Division regulates for the CWA required 303(d) list, 305(b) report, and any necessary TMDLs or cleanup activities; 3) participating in revising Oklahoma’s Water Quality Standards and sampling protocols; 4) taking part in state/federal interagency work groups, grant committees, and the Oklahoma Water Quality Monitoring Council (OWQMC); 5) writing Corp Comm O&G’s water quality standards implementation plan (WQSIP); and 6) helping other state agencies with required documents to be submitted to the EPA.

Specific Jurisdictional Areas of Environmental Responsibility

IX. The handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other regulated substances produced from or obtained or used in connection with the drilling, development, producing and operating of oil and gas wells. Permission and/or permits for the disposal of drilling mud, contaminated soil or water issued by PA, or by UIC for injection wells.

Oversight and inspections by Field Ops or PA or UIC. No** – Technical except for notification and remediation for spills and leaks, covered in section X.

X. Spills (and leaks) of deleterious substances associated with facilities and activities specified above or otherwise associated with oil and gas extraction facilities and activities, and other commission-regulated activities, except petroleum storage tanks. Oversight by Field Ops or PA, including site inspections, overseeing work, reviewing plans, reviewing reports, waste disposal, cleanup or remediation, issuing closure letters. Yes. Includes spills, spill cleanup activities, and associated problems such as excess erosion.
 
XII. Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the commission. The Commission does not have separate surface water and groundwater programs, but instead considers the protection of the waters of the state, both surface water and groundwater, in all of its regulatory programs. No** except for spills and leaks affecting groundwater; covered in section X.
 
Jurisdictional Areas Verses Beneficial Uses That Could Be Affected

IX. The handling and disposition of saltwater, mineral brines, waste oil and other regulated substances – spills Brine, waste oil, drilling mud, occasionally heavy metals , PPWS, Fish and Wildlife, Agriculture, Aesthetics
 
X. Spills (and leaks) of various substances - Brine, oil & condensate, drilling mud, occasionally heavy metals, PPWS, Fish and Wildlife, Agriculture, Aesthetics
 
XII. Groundwater - Brine, oil & condensate, drilling mud, occasionally heavy metals, PPWS, Agriculture

What went wrong?

There are very definite rules that apply to oil & gas wastewater disposal in the state of Oklahoma. Steve Souders from the EPA in Washington provided me with a copies of these rules and regulations. As I read through the rules, I could see the various ways the oil & gas wastewater being dumped at Making Money Having Fun was violating these regulations. To make sure I understood the rules correctly, I emailed and asked Mr. Souder specific questions. In answering my questions, he also suggested I call Tim Baker, Manager of OGCC's Pollution Abatement Department at 405-522-2763 or the OGCC Director, Lori Wrotenbery at 405-521-2302. He was certain that they'd be responsive and make sure that I had answers to my questions.

When asked about Making Money Having Fun, Tim Baker at the OCC said MMHF had been issued a water permit not an oil & gas waste water disposal permit. With this type permit, the ONLY oversight the OCC has is whether the water in each tanker truck is tested and the salt content/TDS is 5,000 mg/l or less. None of the other oil & gas waste water disposal rules applies.

I wonder how proud a moment it was for the OCC to find out with only a water permit Making Money Having Fun was able violate the federal Clean Water Act and has been cited twice for the same violation. The OCC handled that specific jurisdictional responsibility real well. It has been almost six month and the contamination in Buck Creek remains even though Making Money Having Fun was order to clean it up. According to the OCC’s WQSIP they should be overseeing the cleanup.

The two questions the OCC has never answered is why any state agency would issue a Commercial Disposal Pit permit in violation of their own rules and regulations and why would they permit oil & gas waste water to be disposed of under a water only permit not an oil & gas wastewater permit.

Fugitive Dust & Oil & Gas Waste Water Contamination Outside of MMHF LLC Property Line

Copyright © 2009 by B.E. Cause All rights reserved.