(A) Wastes that result from the use of natural gas,
natural gas liquids, or products refined from crude oil in any manufacturing
process, such as the production of petrochemicals or plastics, or
from the manufacture of carbon black, are industrial wastes subject
to the jurisdiction of the TCEQ. The term "manufacturing process"
does not include the processing (including fractionation) of natural
gas or natural gas liquids at natural gas or natural gas liquids processing
plants.
(B) The RRC has jurisdiction under Texas Natural Resources
Code, Chapter 87, to regulate the use of natural gas in the production
of carbon black.
(C) Biofuels. The TCEQ has jurisdiction over wastes
associated with the manufacturing of biofuels and biodiesel. TCEQ
Regulatory Guidance Document RG-462 contains additional information
regarding biodiesel manufacturing in the state of Texas.
(11) Commercial service company facilities and training
facilities.
(A) The TCEQ has jurisdiction over wastes generated
at facilities, other than actual exploration, development, or production
sites (field sites), where oil and gas industry workers are trained.
In addition, the TCEQ has jurisdiction over wastes generated at facilities
where materials, processes, and equipment associated with oil and
gas industry operations are researched, developed, designed, and manufactured.
However, wastes generated from tests of materials, processes, and
equipment at field sites are under the jurisdiction of the RRC.
(B) The TCEQ also has jurisdiction over waste generated
at commercial service company facilities operated by persons providing
equipment, materials, or services (such as drilling and work over
rig rental and tank rental; equipment repair; drilling fluid supply;
and acidizing, fracturing, and cementing services) to the oil and
gas industry. These wastes include the following wastes when they
are generated at commercial service company facilities: empty sacks,
containers, and drums; drum, tank, and truck rinsate; sandblast media;
painting wastes; spent solvents; spilled chemicals; waste motor oil;
and unused fracturing and acidizing fluids.
(C) The term "commercial service company facility"
does not include a station facility such as a warehouse, pipeyard,
or equipment storage facility belonging to an oil and gas operator
and used solely for the support of that operator's own activities
associated with the exploration, development, or production activities.
(D) Notwithstanding subparagraphs (A) - (C) of this
paragraph, the RRC has jurisdiction over disposal of oil and gas wastes,
such as waste drilling fluids and NORM-contaminated pipe scale, in
volumes greater than the incidental volumes usually received at such
facilities, that are managed at commercial service company facilities.
(E) The RRC also has jurisdiction over wastes such
as vacuum truck rinsate and tank rinsate generated at facilities operated
by oil and gas waste haulers permitted by the RRC pursuant to §3.8(f)
of this title (relating to Water Protection).
(12) Mobile offshore drilling units (MODUs). MODUs
are vessels capable of engaging in drilling operations for exploring
or exploiting subsea oil, gas, or mineral resources.
(A) The RRC and, where applicable, the EPA, the U.S.
Coast Guard, or the Texas General Land Office (GLO), have jurisdiction
over discharges from an MODU when the unit is being used in connection
with activities associated with the exploration, development, or production
of oil or gas or geothermal resources.
(B) The TCEQ and, where applicable, the EPA, the U.S.
Coast Guard, or the GLO, have jurisdiction over discharges from an
MODU when the unit is being serviced at a maintenance facility.
(C) Where applicable, the EPA, the U.S. Coast Guard,
or the GLO has jurisdiction over discharges from an MODU during transportation
from shore to exploration, development or production site, transportation
between sites, and transportation to a maintenance facility.
(e) Interagency activities.
(1) Recycling and pollution prevention.
(A) The TCEQ and the RRC encourage generators to eliminate
pollution at the source and recycle whenever possible to avoid disposal
of solid wastes. Questions regarding source reduction and recycling
may be directed to the TCEQ Small Business and Environmental Assistance
(SBEA) Division, or to the RRC. The TCEQ may require generators to
explore source reduction and recycling alternatives prior to authorizing
disposal of any waste under the jurisdiction of the RRC at a facility
regulated by the TCEQ; similarly, the RRC may explore source reduction
and recycling alternatives prior to authorizing disposal of any waste
under the jurisdiction of the TCEQ at a facility regulated by the
RRC.
(B) The TCEQ SBEA Division and the RRC will coordinate
as necessary to maintain a working relationship to enhance the efforts
to share information and use resources more efficiently. The TCEQ
SBEA Division will make the proper TCEQ personnel aware of the services
offered by the RRC, share information with the RRC to maximize services
to oil and gas operators, and advise oil and gas operators of RRC
services. The RRC will make the proper RRC personnel aware of the
services offered by the TCEQ SBEA Division, share information with
the TCEQ SBEA Division to maximize services to industrial operators,
and advise industrial operators of the TCEQ SBEA Division services.
(2) Treatment of wastes under RRC jurisdiction at facilities
authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K, (relating
to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil).
(A) Soils contaminated with constituents that are physically
and chemically similar to those normally found in soils at leaking
underground petroleum storage tanks from generators under the jurisdiction
of the RRC are eligible for treatment at TCEQ regulated soil treatment
facilities once alternatives for recycling and source reduction have
been explored. For the purpose of this provision, soils containing
petroleum substance(s) as defined in 30 TAC §334.481 (relating
to Definitions) are considered to be similar, but drilling muds, acids,
or other chemicals used in oil and gas activities are not considered
similar. Generators under the jurisdiction of the RRC must meet the
same requirements as generators under the jurisdiction of the TCEQ
when sending their petroleum contaminated soils to soil treatment
facilities under TCEQ jurisdiction. Those requirements are in 30 TAC
§334.496 (relating to Shipping Procedures Applicable to Generators
of Petroleum-Substance Waste), except subsection (c) which is not
applicable, and 30 TAC §334.497 (relating to Recordkeeping and
Reporting Procedures Applicable to Generators). RRC generators with
questions on these requirements should contact the TCEQ.
(B) Generators under RRC jurisdiction should also be
aware that TCEQ regulated soil treatment facilities are required by
30 TAC §334.499 (relating to Shipping Requirements Applicable
to Owners or Operators of Storage, Treatment, or Disposal Facilities)
to maintain documentation on the soil sampling and analytical methods,
chain-of-custody, and all analytical results for the soil received
at the facility and transported off-site or reused on-site.
(C) The RRC must specifically authorize management
of contaminated soils under its jurisdiction at facilities authorized
by the TCEQ under 30 TAC Chapter 334, Subchapter K. The RRC may grant
such authorizations by rule, or on an individual basis through permits
or other written authorizations.
(D) All waste, including treated waste, subject to
the jurisdiction of the RRC and managed at facilities authorized by
the TCEQ under 30 TAC Chapter 334, Subchapter K will remain subject
to the jurisdiction of the RRC. Such materials will be subject to
RRC regulations regarding final reuse, recycling, or disposal.
(E) TCEQ waste codes and registration numbers are not
required for management of wastes under the jurisdiction of the RRC
at facilities authorized by the TCEQ under 30 TAC Chapter 334, Subchapter
K.
(3) Processing, treatment, and disposal of wastes under
RRC jurisdiction at facilities authorized by the TCEQ.
(A) As provided in this paragraph, waste materials
subject to the jurisdiction of the RRC may be managed at solid waste
facilities under the jurisdiction of the TCEQ once alternatives for
recycling and source reduction have been explored. The RRC must specifically
authorize management of wastes under its jurisdiction at facilities
regulated by the TCEQ. The RRC may grant such authorizations by rule,
or on an individual basis through permits or other written authorizations.
In addition, except as provided in subparagraph (B) of this paragraph,
the concurrence of the TCEQ is required to manage "special waste"
under the jurisdiction of the RRC at a facility regulated by the TCEQ.
The TCEQ's concurrence may be subject to specified conditions.
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