The Nebraska Oil and Gas Conservation Commission (NOGCC) seeks to prevent waste, protect correlative rights of all owners, and encourage and authorize secondary recovery, pressure maintenance, cycling, or recycling, in order that the greatest ultimate recovery of oil and gas may be obtained within the state while protecting the environment. Otherwise, the Nebraska Department of Environmental Quality (NDEQ) administers the major environmental protection laws.

Contact

Nebraska Oil and Gas Conservation Commission
922 Illinois Street, P.O. Box 399
Sidney, NE 69162
(308) 254-6919 (phone)
(308) 254-6922 (fax)

Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Pox 98922
Lincoln, NE 68509
(402) 471-2186 (phone)
(402) 471-2909 (fax)

Produced Water Management Practices and Applicable Regulations

The Nebraska oil and gas rules and regulations are contained in Chapters 1 through 6 of the Oil and Gas Code. The rules and regulations governing the Nebraska Department of Environmental Quality (NDEQ) are contained in Titles 114–124, 126–133, 135, 136, and 194–200 of the Nebraska Administrative Code (NAC).

• Pollution and Surface Drainage (Chapter 3 of the Oil and Gas Code, Rule 022) — Owners shall take all reasonable precautions to avoid polluting streams, underground water, and land surface and soils. No saltwater, brackish water, or other water unfit for domestic, livestock, irrigation, or other general use shall be allowed to flow over the surface or into any stream or underground freshwater zone.
  • Spill Reporting Requirements (Rule 022.01):
• Any operators shall notify the Director within two business days of any produced water spill, leak, or release in excess of twenty barrels. The notice shall be followed within seven working days by a written report. All such reports of breaks, leaks, and spills shall identify the location of the well, tank, receptacle, or flowline by section, township, range, and property name so that the exact location may be readily identified. Such report shall specify what steps have been taken or are in progress to remedy the situation reported and shall estimate the quantity of oil and/or produced water lost, or permitted to escape.
• The operator shall immediately notify the appropriate state and federal agencies of any oil or produced water spill, leak, or release that enters any surface or ground water or flows off the lease or unit lands.
• Cleanup Standards for Produced Water Spills (Rules 022.07 and 022.08):
• Cleanup standards apply to only exempt exploration and production (E&P) spills that do not escape off the lease or enter any surface or groundwater. For all other spills, operators shall notify the appropriate state and federal agencies.
• Standards set forth in this section do not include those produced waters released under the terms of a valid National Pollutant Discharge Elimination System (NPDES) permit.
• Requirements for Cleanup (Rule 022.09):
• For purposes of minimizing the depth of produced water penetration, all free water must be removed for disposal.
• Produced Water Pits (Rule 022.12):
• No person shall construct or operate a pit or pond to retain produced water without first filing an application for a permit and obtaining approval from the Director.
  • If inspection indicates that the facility no longer meets the requirements of this rule, the use of the facility shall cease.
  • Upon application, an exception to the construction and operational requirements of Section 022.12 may be granted by the Director upon showing that the pit design, in consideration of geologic and hydrodynamic conditions, will protect water, soils, wildlife, and migratory birds.
• Rule 022.12A — All pits or ponds used to retain produced water shall:
• Be constructed in cut material or at least fifty (50) percent below original ground level;
• Be lined with a material compatible with the waste contained;
• Not be located in a natural drainage and shall be constructed above the seasonal high water table;
• Be bermed or diked and shall have at least two (2) feet of freeboard between the normal operating level of the water in the pit and the top of the banks, dikes or berms;
• Be fenced, screened, or netted to prevent access by livestock, wildlife, and migratory birds if free oil is likely to be discharged to the pits; and
• Not be used for the dumping of any wastes other than produced water.
• In addition, approved monitoring systems may be required if a pit is located in an area that the Commission can reasonably define as environmentally sensitive.
• Rule 022.12B — Unlined evaporation pits shall be allowed for produced waters containing less than 10,000 mg per liter total dissolved solids. Unlined evaporation pits that receive less than five barrels per day on a monthly average shall be allowed when it can be shown that the pit will not impact water, soils, wildlife, and migratory birds.
• Rule 022.12C — The rule establishes pit lining requirements.
• Rule 022.12F — Produced water may be discharged into pits, onto land, or into other water sources if the operator has a valid discharge permit issued under the National Pollutant Discharge Elimination System (NPDES). The operator shall file a copy of the NPDES permit with the Commission.

• Underground Injection (Chapter 4 of the Oil and Gas Code, Rules 001 through 009):
  • All Class II wells for enhanced recovery injection and disposal must be authorized by the Nebraska Oil and Gas Commission,
  • The rules provide requirements governing the application, the hearing process, the operating stage, the monitoring and reporting obligations, and the duration.

• National Pollutant Discharge Elimination System (NPDES) Effluent Standards and Guidelines for the Oil and Gas Extraction Point Source Category (NAC, Title 119, Chapter 27, Rule 007.37):
  • The federal requirements of 40 CFR Part 435 are adopted and incorporated by reference.