DSHW-2024-008256

Deq submit <[e-mail]>
Fwd: RN Industries Comments on DOGM and DWMRC draft E&P Rules
1 message
JaLynn Knudsen <[e-mail]>Thu, Sep 5, 2024 at 4:50 PM
To: Deq submit <[e-mail]>
Solid Waste Public Comment Proposed E&P Rules
---------- Forwarded message ---------
From: Michael A. Zody <[e-mail]>
Date: Tuesday, September 3, 2024 at 5:02:19 PM UTC-6
Subject: RE: RN Industries Comments on DOGM and DWMRC draft E&P Rules
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>, Brian Speer <[e-mail]>, JaLynn Knudsen
<[e-mail]>, Brenden Catt <[e-mail]>
Dear DWMRC,

Please accept on behalf of RN Industries the attached comments on the Exploration and Production rules that are out for
public comment.

Best Regards,

Mike Zody, Counsel for RN Industries

Michael A. Zody
Attorney at Law
Direct +1 801.536.6818
2 attachments
RN Industries (RNI) Comments on Proposed DWMRC E&P Rules, Submitted on September 3, 2024.docx
26K
Liner Requirements for Class VII Landfills (002).docx
24K
9/6/24, 12:26 PM State of Utah Mail - Fwd: RN Industries Comments on DOGM and DWMRC draft E&P Rules
https://mail.google.com/mail/b/AEoRXRRuo6JTPlU8mJix1Az3qAiU-Jb5OCPNar1NwtRtu8mnl5V0/u/0/?ik=adf9d5e615&view=pt&search=all&permthid…1/1
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4859-0079-8688.v1
Evaluating Liner Requirements for Class VII Landfills: The
Impact of High Salinity on Clay Liner Permeability
Given the established scientific understanding that salts can significantly impact the impermeability of clay
soils, it's crucial to recognize that a clay liner may not be sufficient for a landfill designed to handle oilfield
waste with very high salt concentrations. The structural changes induced by high salt levels can
compromise the clay's ability to retain water and increase permeability, thereby undermining the liner's
effectiveness in preventing leachate migration, a key factor in safeguarding groundwater. Therefore, in
scenarios involving high-salinity wastes, such as oilfield waste, it's not just a matter of choice but a
necessity to implement additional protective measures, like synthetic liners, to ensure the environmental
safety and integrity of the landfill containment system.
The interaction between salts and clay minerals can change the soil's structure and hydraulic conductivity
(permeability). Here are some key points:
1. Clay Mineral Structure: Clay particles have a layered structure and carry a negative charge on
their surfaces, which attracts cations (positively charged ions). The type and concentration of
cations in the pore water can influence the spacing between clay particles.
2. Effect of Salts: When salts are present in the pore water of clay soils, the cations (such as
sodium, calcium, or magnesium) can alter the electrical double layer around clay particles. High
concentrations of salts can lead to flocculation (aggregation) of clay particles, which reduces the
soil's plasticity and can increase permeability. This process can disrupt the arrangement of clay
particles, reducing the soil's capacity to retain water and increasing its permeability.
3. Saline Soils and Permeability: In saline environments, especially where sodium is prevalent, the
soil's ability to hold water can be compromised. Sodium cations cause clay particles to disperse,
leading to a more porous structure and higher permeability. This phenomenon is particularly
relevant in landfill liners, where maintaining low permeability is crucial to prevent leachate
migration.
4. Engineering Implications: For engineered clay liners in landfills or other containment structures,
understanding the chemical composition of the pore water and the potential for salt contamination
is essential. Salts can degrade the performance of clay liners, necessitating synthetic liners or
other protective measures in some cases.
This understanding is crucial for environmental engineering, especially in designing and maintaining landfill
liners, where impermeability is a key requirement to prevent groundwater contamination.
References
The below-listed references discuss the impact of salts on the permeability of clay soils and their use as
liners in waste containment:
1. Mitchell, J.K., & Soga, K. (2005). Fundamentals of Soil Behavior. John Wiley & Sons.
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4859-0079-8688.v1
o This textbook provides a comprehensive overview of soil properties, including the effects
of chemical interactions, such as salt, on soil behavior and permeability.
2. Daniel, D.E., & Benson, C.H. (1990). Water Content-Density Criteria for Compacted Soil
Liners. Journal of Geotechnical Engineering, 116(12), 1811-1830.
o This article discusses the criteria for soil liners in waste containment systems, including the
effects of chemical interactions on soil permeability.
3. Shackelford, C.D. (1994). Waste-Soil Interactions that Alter Hydraulic Conductivity. Hydraulic
Conductivity and Waste Contaminant Transport in Soil. ASTM International.
o This paper examines how various contaminants, including salts, affect the hydraulic
conductivity of soil liners.
4. Yong, R.N., & Warkentin, B.P. (1975). Soil Properties and Behavior. Elsevier.
o This book provides insights into the physical and chemical properties of soils, including the
impact of salts on clay soils.
5. Abu-Hejleh, A.N., & Znidarčić, D. (1995). Desiccation Effects on the Hydraulic Conductivity
of Clays. Journal of Geotechnical Engineering, 121(11), 867-875.
o This study investigates the effects of desiccation and chemical changes, such as those
induced by salts, on the hydraulic properties of clay soils.

4877-2718-0510.v1
RN INDUSTRIES (RNI) COMMENTS ON PROPOSED DWMRC E&P RULES,
SUBMITTED ON SEPTEMBER 3, 2024
This comment focuses on two issues: financial assurance and liners for landfills.
First, RNI requests that DWMRC expressly allow Certificates of Deposits (CDs) as a form
of financial assurance. RNI has CDs in place with DOGM. CDs provide the same level of agency
protection as other acceptable forms of financial assurance, while carrying lower costs for
regulated entities than other forms of financial assurance. Federal agencies, such as BLM, also
allow CDs as financial assurance. See 43 CFR 3809.555(d).
Second, RNI requests that DWMRC require liners with leak detection systems for landfills.
Liners with leak detection are necessary to provide adequate environmental protection for E&P
landfills, which can generate leachate and impact surface and groundwater resources. Best
industry practice calls for liners. RNI submits the attached white paper on the impact of E&P
wastes and salts in particular that can degrade any clay soils or layers beneath a landfill and impair
their ability to keep contaminants contained in the landfill. RNI also adopts and incorporates herein
the comments filed by Integrated Water Management (IWM), which provide additional technical
and legal grounds in support of a liner requirement.
In its response to the informal rulemaking, DWMRC argued that Utah Code 19-6-106
precluded the Board from requiring liners because that would make Utah’s rules more stringent
than federal rules. However, 19-6-106 is only triggered where the EPA has “corresponding federal
regulations which address the same circumstances.” 19-6-106(1). As DWMRC points out, EPA
does not have rules directly applicable to E&P landfills, so there are no “corresponding regulations
which address the same circumstances.” Moreover, even if 19-6-106 were triggered, the Board
should require liners because they are necessary to be “adequate to protect public health and the
environment of the state.” 19-6-106(2). If the Board believes 19-6-106 applies, then the Board
should hold the hearing called for by 19-6-106(2) and allow the technical evidence to be presented
and make the findings required under 19-6-106(2) to adopt the liner requirement.
In the alternative to requiring liners, and only if the Board will not mandate liners or hold
the hearing called for by 19-6-106, and without waiving the above comments, the Board should at
minimum make liners the presumptive requirement and set forth the showings an operator would
need to make to obtain an exception from the presumptive liner requirement. Basically, flip the
presumption that a liner is only required if certain conditions are met, to a presumption that liners
are required, unless conditions are met. This is consistent with DOGM’s rules which have required
liners for landfarms under UAC R649-9-5. DOGM has stringent requirements that have to be met
before an exception to liners is allowed, and only if the applicant meets stringent hydraulic
conductivity technical requirements.