- (1) Section 40-6-5 authorizes the board to regulate the recycling of E and P products, including produced water. It is the intent of the board and division to regulate E and P recycling facilities for the reuse of produced water and other E and P products in a manner that protects the environment, limits liability to producers, promotes opportunities for reuse of produced water and other recyclable E and P products and minimizes the volume of waste and use of freshwater.
- (2) Rule R649-9 specifies the informational and procedural requirements for management and permitting of E and P recycling facilities.
(3) For the purposes of Rule R649-9, E and P recycling facilities include the following facilities:
- (a) Long Term produced water recycling pond facilities;
- (b) Temporary produced water recycling tank facilities;
- (c) Waste crude oil treatment facilities; and
- (d) Other potential E and P product recycling facilities. It is the intent of this rule to create a basic framework for division review and permitting of potential unforeseen E and P product recycling opportunities.
- (4) E and P recycling facilities may not be used for the disposal of produced water or other E and P products.
- (5) Rule R649-9 is intended for E and P recycling facilities and do not apply to Class II injection wells and pits associated with these wells.
- (6) The operator is ultimately liable for the continued stability and proper operation of the facility. The division's primary role during permit review is to ensure the E and P recycling facility has been designed and certified by a Utah Licensed Professional Engineer.
- (7) This rule does not authorize the use of produced water as part of a consumptive beneficial use without a water right, and any nonconsumptive use of produced water in an oil and gas activity must be consistent with Title 40, Chapter 12, Produced Water Act.
KEY: oil and gas law
Date of Last Change: February 26, 2025
Notice of Continuation: June 30, 2025
Authorizing, and Implemented or Interpreted Law: 40-6-5(3)