| (I) Storm water associated with industrial activities.
Where required by federal law, discharges of storm water associated
with facilities and activities under the RRC's jurisdiction must be
authorized by the EPA and the RRC, as applicable. Under 33 U.S.C.
§1342(l)(2) and §1362(24), EPA cannot require a permit for
discharges of storm water from "field activities or operations associated
with {oil and gas} exploration, production, processing, or treatment
operations, or transmission facilities" unless the discharge is contaminated
by contact with any overburden, raw material, intermediate product,
finished product, byproduct, or waste product located on the site
of the facility. Under §3.8 of this title (relating to Water
Protection), the RRC prohibits operators from causing or allowing
pollution of surface or subsurface water. Operators are encouraged
to implement and maintain Best Management Practices (BMPs) to minimize
discharges of pollutants, including sediment, in storm water to help
ensure protection of surface water quality during storm events.
(II) Storm water associated with construction activities.
Where required by federal law, discharges of storm water associated
with construction activities under the RRC's jurisdiction must be
authorized by the EPA and the RRC, as applicable. Activities under
RRC jurisdiction include construction of a facility that, when completed,
would be associated with the exploration, development, or production
of oil or gas or geothermal resources, such as a well site; treatment
or storage facility; underground hydrocarbon or natural gas storage
facility; reclamation plant; gas processing facility; compressor station;
terminal facility where crude oil is stored prior to refining and
at which refined products are stored solely for use at the facility;
a carbon dioxide geologic storage facility under the jurisdiction
of the RRC; and a gathering, transmission, or distribution pipeline
that will transport crude oil or natural gas, including natural gas
liquids, prior to refining of such oil or the use of the natural gas
in any manufacturing process or as a residential or industrial fuel.
The RRC also has jurisdiction over storm water from land disturbance
associated with a site survey that is conducted prior to construction
of a facility that would be regulated by the RRC. Under 33 U.S.C.
§1342(l)(2) and §1362(24), EPA cannot require a permit for
discharges of storm water from "field activities or operations associated
with {oil and gas} exploration, production, processing, or treatment
operations, or transmission facilities, including activities necessary
to prepare a site for drilling and for the movement and placement
of drilling equipment, whether or not such field activities or operations
may be considered to be construction activities" unless the discharge
is contaminated by contact with any overburden, raw material, intermediate
product, finished product, byproduct, or waste product located on
the site of the facility. Under §3.8 of this title (relating
to Water Protection), the RRC prohibits operators from causing or
allowing pollution of surface or subsurface water. Operators are encouraged
to implement and maintain BMPs to minimize discharges of pollutants,
including sediment, in storm water during construction activities
to help ensure protection of surface water quality during storm events.
(III) Municipal storm water discharges. Storm water
discharges from facilities regulated by the RRC located within an
MS4 are not regulated by the TCEQ. However, a municipality may regulate
storm water discharges from RRC sites into their MS4.
(IV) Combined storm water. Except with regard to storage
of oil, when a portion of a site is regulated by the RRC and the EPA,
and a portion of a site is regulated by the TCEQ, storm water authorization
must be obtained from the EPA and the RRC, as applicable, for the
portion(s) of the site under RRC jurisdiction and from the TCEQ for
the TCEQ regulated portion(s) of the site. Discharge of storm water
from a terminal facility where crude oil is stored prior to refining
and at which refined products are stored solely for use at the facility
is under the jurisdiction of the RRC.
(iii) State water quality certification. The RRC performs
state water quality certifications, as authorized by the Clean Water
Act (CWA) Section 401 (33 U.S.C. Section 1341) for activities that
require a federal license or permit and that may result in any discharge
to waters of the United States for those activities regulated by the
RRC.
(C) Injection wells. The RRC has jurisdiction over
the drilling, construction, operation, and closure of the following
injection wells.
(i) Disposal wells. The RRC has jurisdiction under
Texas Water Code, Chapter 27, over injection wells used to dispose
of oil and gas waste. Texas Water Code, Chapter 27, defines "oil and
gas waste" to mean "waste arising out of or incidental to drilling
for or producing of oil, gas, or geothermal resources, waste arising
out of or incidental to the underground storage of hydrocarbons other
than storage in artificial tanks or containers, or waste arising out
of or incidental to the operation of gasoline plants, natural gas
processing plants, or pressure maintenance or repressurizing plants.
The term includes but is not limited to salt water, brine, sludge,
drilling mud, and other liquid or semi-liquid waste material." The
term "waste arising out of or incidental to drilling for or producing
of oil, gas, or geothermal resources" includes waste associated with
transportation of crude oil or natural gas by pipeline pursuant to
Texas Natural Resources Code, §91.101.
(ii) Enhanced recovery wells. The RRC has jurisdiction
over wells into which fluids are injected for enhanced recovery of
oil or natural gas.
(iii) Brine mining. Under Texas Water Code, §27.036,
the RRC has jurisdiction over brine mining and may issue permits for
injection wells.
(iv) Geologic storage of carbon dioxide. Under Texas
Water Code, §27.011 and §27.041, and subject to the review
of the legislature based on the recommendations made in the preliminary
report described by Section 10, Senate Bill No. 1387, Acts of the
81st Legislature, Regular Session (2009), the RRC has jurisdiction
over geologic storage of carbon dioxide in, and the injection of carbon
dioxide into, a reservoir that is initially or may be productive of
oil, gas, or geothermal resources or a saline formation directly above
or below that reservoir and over a well used for such injection purposes
regardless of whether the well was initially completed for that purpose
or was initially completed for another purpose and converted.
(v) Hydrocarbon storage. The RRC has jurisdiction over
wells into which fluids are injected for storage of hydrocarbons that
are liquid at standard temperature and pressure.
(vi) Geothermal energy. Under Texas Natural Resources
Code, Chapter 141, the RRC has jurisdiction over injection wells for
the exploration, development, and production of geothermal energy
and associated resources.
(vii) In-situ tar sands.
Under Texas Water Code, §27.035, the RRC has jurisdiction over
the in situ recovery of tar sands
and may issue permits for injection wells used for the in situ recovery of tar sands.
(c) Definition of hazardous waste.
(1) Under the Texas Health and Safety Code, §361.003(12),
a "hazardous waste" subject to the jurisdiction of the TCEQ is defined
as "solid waste identified or listed as a hazardous waste by the administrator
of the United States Environmental Protection Agency under the federal
Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, as amended (42 U.S.C. §6901, et seq.)."
Similarly, under Texas Natural Resources Code, §91.601(1), "oil
and gas hazardous waste" subject to the jurisdiction of the RRC is
defined as an "oil and gas waste that is a hazardous waste as defined
by the administrator of the United States Environmental Protection
Agency under the federal Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§6901,
et seq.)."
(2) Federal regulations adopted under authority of
the federal Solid Waste Disposal Act, as amended by RCRA, exempt from
regulation as hazardous waste certain oil and gas wastes. Under 40
Code of Federal Regulations (CFR) §261.4(b)(5), "drilling fluids,
produced waters, and other wastes associated with the exploration,
development, or production of crude oil, natural gas or geothermal
energy" are described as wastes that are exempt from federal hazardous
waste regulations.
(3) A partial list of wastes associated with oil, gas,
and geothermal exploration, development, and production that are considered
exempt from hazardous waste regulation under RCRA can be found in
EPA's "Regulatory Determination for Oil and Gas and Geothermal Exploration,
Development and Production Wastes," 53 FedReg 25,446 (July 6, 1988).
A further explanation of the exemption can be found in the "Clarification
of the Regulatory Determination for Wastes from the Exploration, Development
and Production of Crude Oil, Natural Gas and Geothermal Energy, "
58 FedReg 15,284 (March 22, 1993). The exemption codified at 40 CFR
§261.4(b)(5) and discussed in the Cont'd... |
