43 CFR 3176.9 - Production requirements.

View all text of Subpart 3176 [§ 3176.1 - § 3176.11]

§ 3176.9 - Production requirements.

(a) General. (1) All existing production facilities which do not currently meet the requirements and minimum standards set forth in this section shall be brought into conformance within 1 year after January 22, 1991. All existing equipment that is in a safe working condition as of January 22, 1991, is specifically exempt from the metallurgical requirements prescribed in paragraph (c)(7) of this section.

Table 1 to § 3176.9(a)(1)

Violation	Corrective action	Normal abatement period	Minor	Bring facility into compliance	60 days.

(2) Production facilities constructed after January 22, 1991, shall be designed, constructed, and operated to meet the requirements and minimum standards set forth in this section. Any variations from the standards or established time frames shall be approved by the authorized officer in accordance with the provisions of § 3176.10. Except for storage tanks, a determination of the radius of exposure for all production facilities shall be made in the manner prescribed in § 3176.4.

Table 2 to § 3176.9(a)(2)

Violation	Corrective action	Normal abatement period	Minor	Bring facility into compliance	60 days.

(3) At any production facility or storage tank(s) where the sustained ambient H2S concentration is in excess of 10 ppm at 50 feet from the production facility or storage tank(s) as measured at ground level under calm (1 mph) conditions, the operator shall collect or reduce vapors from the system and they shall be sold, beneficially used, reinjected, or flared provided terrain and conditions permit.

Table 3 to § 3176.9(a)(3)

Violation	Corrective action	Normal abatement period	Major, if the authorized officer determines that a health or safety problem to the public is imminent, otherwise minor	Bring facility into compliance	3 days for major, 30 days for minor.

(b) Storage tanks. Storage tanks containing produced fluids and utilized as part of a production operation and operated at or near atmospheric pressure, where the vapor accumulation has an H2S concentration in excess of 500 ppm in the tank, shall be subject to the following:

(1) No determination of a radius of exposure need be made for storage tanks.

(2) All stairs/ladders leading to the top of storage tanks shall be chained and/or marked to restrict entry. For any storage, tank(s) which require fencing (see paragraph (b)(6) of this section), a danger sign posted at the gate(s) shall suffice in lieu of this requirement.

Table 4 to § 3176.9(b)(2)

Violation	Corrective action	Normal abatement period	Minor	Chain or mark stair(s)/ladder(s) or post sign, as necessary	5 to 20 days.

(3) A danger sign shall be posted on or within 50 feet of the storage tank(s) to alert the public of the potential H2S danger. For any storage tank(s) which require fencing (see paragraph (b)(6) of this section), a danger sign posted at the locked gate(s) shall suffice in lieu of this requirement.

Table 5 to § 3176.9(b)(3)

Violation	Corrective action	Normal abatement period	Minor	Post or move sign(s), as necessary	5 to 20 days.

(4) The sign(s) shall be painted in high-visibility red, black, and white. The sign(s) shall read: “DANGER—POISON GAS—HYDROGEN SULFIDE” or equivalent language if approved by the authorized officer. Where appropriate, bilingual or multilingual warning signs shall be used.

Table 6 to § 3176.9(b)(4)

Violation	Corrective action	Normal abatement period	Minor	Post, move, replace, or alter sign(s), as necessary	20 to 40 days.

(5) At least 1 permanent wind direction indicator shall be installed so that wind direction can be easily determined at or approaching the storage tank(s).

Table 7 to § 3176.9(b)(5)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace wind direction indicator, as necessary	20 to 40 days.

(6) A minimum 5-foot chain-link, 5-strand barbed wire, or comparable type fence and gate(s) that restrict(s) public access shall be required when storage tanks are located within 1/4 mile of or contained inside a city or incorporated limits of a town or within 1/4 mile of an occupied residence, school, church, park, playground, school bus stop, place of business, or where the public could reasonably be expected to frequent.

Table 8 to § 3176.9(b)(6)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace fence and/or gate(s), as necessary	20 to 40 days.

(7) Gate(s), as required by paragraph (b)(6) of this section, shall be locked when unattended by the operator.

Table 9 to § 3176.9(b)(7)

Violation	Corrective action	Normal abatement period	Minor	Lock gate	24 hours.

(c) Production facilities. Production facilities containing 100 ppm or more of H2S in the gas stream shall be subject to the following:

(1) Danger signs as specified in paragraph (b)(4) of this section shall be posted on or within 50 feet of each production facility to alert the public of the potential H2S danger. In the event the storage tanks and production facilities are located at the same site, 1 such danger sign shall suffice. Further, for any facilities which require fencing (paragraph (b)(6) of this section), 1 such danger sign at the gate(s) shall suffice in lieu of this requirement.

Table 10 to § 3176.9(c)(1)

Violation	Corrective action	Normal abatement period	Minor	Post, move, or alter sign(s), as necessary	5 to 20 days.

(2) Danger signs, as specified in paragraph (b)(4) of this section, shall be required for well flowlines and lease gathering lines that carry H2S gas. Placement shall be where said lines cross public or lease roads. The signs shall be legible and shall contain sufficient additional information to permit a determination of the owner of the line.

Table 11 to § 3176.9(c)(2)

Violation	Corrective action	Normal abatement period	Minor	Post, move, or alter sign(s), as necessary	5 to 20 days.

(3) Fencing and gate(s), as specified in paragraph (b)(6) of this section, shall be required when production facilities are located within 1/4 mile of or contained inside a city or incorporated limits of a town or within 1/4 mile of an occupied residence, school, church, park, playground, school bus stop, place of business, or any other area where the public could reasonably be expected to frequent. Flowlines are exempted from this additional fencing requirement.

Table 12 to § 3176.9(c)(3)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace fence, and/or gate(s), as necessary	20 to 40 days.

(4) Gate(s), as required by paragraph (c)(3) of this section, shall be locked when unattended by the operator.

Table 13 to § 3176.9(c)(4)

Violation	Corrective action	Normal abatement period	Minor	Lock gate	24 hours.

(5) Wind direction indicator(s) as specified in paragraph (b)(5) of this section shall be required. In the event the storage tanks and production facilities are located at the same site, 1 such indicator shall suffice. Flowlines are exempt from this requirement.

Table 14 to § 3176.9(c)(5)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace wind direction indicator(s), as necessary	20 to 40 days.

(6) All wells, unless produced by artificial lift, shall possess a secondary means of immediate well control through the use of appropriate christmas tree and/or downhole completion equipment. Such equipment shall allow downhole accessibility (reentry) under pressure for permanent well control operations. If the applicability criteria stated in § 3176.7(a) are met, a minimum of 2 master valves shall be installed.

Table 15 to § 3176.9(c)(6)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace equipment, as necessary	20 to 40 days.

(7) All equipment shall be chosen with consideration for both the H2S working environment and anticipated stresses. NACE MR 0175-2021 (incorporated by reference, see § 3176.11) shall be used for metallic equipment selection and, if applicable, adequate protection by chemical inhibition or other such method that controls or limits the corrosive effects of H2S shall be used. (The use of NACE MR 0175-90 through NACE MR 0175-2021 is deemed to comply with the requirements of this paragraph (c)(7).)

Table 16 to § 3176.9(c)(7)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace equipment, as necessary	20 to 40 days.

(8) Where the 100 ppm radius of exposure for H2S includes any occupied residence, place of business, school, or other inhabited structure or any area where the public may reasonably be expected to frequent, the operator shall install automatic safety valves or shutdowns at the wellhead, or other appropriate shut-in controls for wells equipped with artificial lift.

Table 17 to § 3176.9(c)(8)

Violation	Corrective action	Normal abatement period	Minor	Install, repair, or replace equipment, as necessary	20 to 40 days.

(9) The automatic safety valves or shutdowns, as required by paragraph (c)(8) of this section, shall be set to activate upon a release of a potentially hazardous volume of H2S.

Table 18 to § 3176.9(c)(9)

Violation	Corrective action	Normal abatement period	Major	Repair, replace or adjust equipment, as necessary	Prompt correction required.

(10) If the sustained ambient concentration of H2S or SO2 from a production facility which is venting or flaring reaches a concentration of H2S (10 ppm) or SO2 (2 ppm), respectively, at any of the following locations, the operator shall modify the production facility as approved by the authorized officer. The locations include any occupied residence, school, church, park, playground, school bus stop, place of business, or other areas where the public could reasonably be expected to frequent.

Table 19 to § 3176.9(c)(10)

Violation	Corrective action	Normal abatement period	Major	Repair facility to bring into compliance.	Prompt correction required

(d) Public protection. When conditions as defined in § 3176.7(a) exist, a Public Protection Plan for producing operations shall be submitted to the authorized officer in accordance with § 3176.7(b)(1) which includes the provisions of § 3176.7(b)(2).

Table 20 to § 3176.9(d)

Violation	Corrective action	Normal abatement period	Minor	Submit Public Protection Plan	20 to 40 days.