Section 245.845  Management of Gas and Produced Hydrocarbons During Flowback

For wells regulated by this Part, permittees shall be responsible for managing natural gas and hydrocarbon fluids produced during the flowback period to ensure no direct release to the atmosphere or environment as follows:

a)         Except for wells covered by subsection (f), recovered hydrocarbon fluids shall be:

1)         Routed to one or more storage vessels; or

2)         Injected into a permitted Class II UIC well as described in Section 245.300(c)(7); or

3)         Used for another lawful and useful purpose that a purchased fuel or raw material would serve, with no direct release to the environment.

b)         Except for wells covered by subsection (e), recovered natural gas shall be:

1)         Routed into a flow line or collection system; or

2)         Injected into a permitted Class II UIC well as described in Section 245.300(c)(7); or

3)         Used as an on-site fuel source; or

4)         Used for another lawful and useful purpose that a purchased fuel or raw material would serve, with no direct release to the atmosphere. (Section 1-75(e)(2) of the Act)

c)         If it is technically infeasible or economically unreasonable to minimize emissions associated with the venting of hydrocarbon fluids and natural gas during the flowback period using the methods specified in subsections (a) and (b), the Department, in consultation with the Agency as the Department deems appropriate, shall require the permittee to capture and direct the emissions to a completion combustion device, except:

1)         When conditions may result in a fire hazard or explosion; or

2)         Where high heat emissions from a completion combustion device may negatively impact waterways.

d)         In order to establish technical infeasibility under subsection (c), the permittee must demonstrate to the Department's satisfaction that the technology listed in subsections (a) and (b) does not exist, cannot be installed at the well site, will not achieve the result intended, or is otherwise unavailable or ineffective. The permittee claiming economic unreasonableness shall provide the Department with the following:

1)         The method the applicant used to determine it is economically unreasonable to implement the methods specified in subsection (a) or (b);

2)         Applicant's experience in implementing the methods specified in subsection (a) or (b);

3)         Estimated costs of implementing the methods specified in subsection (a) or (b), and sources for those estimates;

4)         Anticipated rates (by day) and amounts (total for well) of fluids and/or gas to be directed to the completion combustion device; and

5)         Any other information requested by the Department or that documents the economic unreasonableness claimed.

e)         Completion combustion devices must be equipped with an auto-igniter and a reliable continuous ignition source over the duration of the flowback period. (Section 1-75(e)(3) of the Act)

f)         For each wildcat well, delineation well, or low pressure well, permittees shall be responsible for minimizing the emissions associated with venting of hydrocarbon fluids and natural gas during the flowback period by capturing and directing the emissions to a completion combustion device during the flowback period, except in conditions that may result in a fire hazard or explosion, or where high heat emissions from a completion combustion device may negatively impact waterways.  Completion combustion devices shall be equipped with a reliable continuous ignition source over the duration of the flowback period.  (Section 1-75(e)(8) of the Act)