(iv) Class V injection wells that are not under the
jurisdiction of the RRC, such as aquifer remediation wells, aquifer
recharge wells, aquifer storage wells, large capacity septic systems,
storm water drainage wells, salt water intrusion barrier wells, and
closed loop geothermal wells.
(2) Railroad Commission of Texas (RRC).
(A) Oil and gas waste.
(i) Under Texas Natural Resources Code, Title 3, and
Texas Water Code, Chapter 26, wastes (both hazardous and nonhazardous)
resulting from activities associated with the exploration, development,
or production of oil or gas or geothermal resources, including storage,
handling, reclamation, gathering, transportation, or distribution
of crude oil or natural gas by pipeline, prior to the refining of
such oil or prior to the use of such gas in any manufacturing process
or as a residential or industrial fuel, are under the jurisdiction
of the RRC, except as noted in clause (ii) of this subparagraph. These
wastes are termed "oil and gas wastes." In compliance with Texas Health
and Safety Code, §361.025 (relating to exempt activities), a
list of activities that generate wastes that are subject to the jurisdiction
of the RRC is found at 16 TAC §3.8(a)(30) (relating to Water
Protection) and at §335.1 of this title (relating to Definitions),
which contains a definition of "activities associated with the exploration,
development, and production of oil or gas or geothermal resources."
Under Texas Health and Safety Code, §401.415, the RRC has jurisdiction
over the disposal of oil and gas naturally occurring radioactive material
(NORM) waste that constitutes, is contained in, or has contaminated
oil and gas waste.
(ii) Hazardous wastes arising out of or incidental
to activities associated with gasoline plants, natural gas or natural
gas liquids processing plants or reservoir pressure maintenance or
repressurizing plants are subject to the jurisdiction of the TCEQ
until the RRC is authorized by EPA to administer RCRA. When the RRC
is authorized by EPA to administer RCRA, jurisdiction over such hazardous
wastes will transfer from the TCEQ to the RRC.
(B) Water quality.
(i) Discharges. Under Texas Natural Resources Code,
Title 3, and Texas Water Code, Chapter 26, the RRC regulates discharges
from activities associated with the exploration, development, or production
of oil, gas, or geothermal resources, including transportation of
crude oil and natural gas by pipeline, and from solution brine mining
activities, except that on delegation to the TCEQ of NPDES authority
for discharges into surface water in the state of produced water,
hydrostatic test water, and gas plant effluent resulting from the
activities described in Texas Water Code, §26.131(a), the TCEQ
has sole authority to issue permits for those discharges. Discharges
regulated by the RRC into or adjacent to water in the state shall
not cause a violation of the water quality standards. While water
quality standards are established by the TCEQ, the RRC has the responsibility
for enforcing any violation of such standards resulting from activities
regulated by the RRC. Texas Water Code, Chapter 26, does not require
that discharges regulated by the RRC comply with regulations of the
TCEQ that are not water quality standards. The TCEQ and the RRC may
consult as necessary regarding application and interpretation of Texas
Surface Water Quality Standards.
(ii) Storm water. When required by federal law, authorization
for storm water discharges that are under the jurisdiction of the
RRC must be obtained through application for a National Pollutant
Discharge Elimination System (NPDES) permit with the EPA and authorization
from the RRC, as applicable.
(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 16 TAC §3.8 (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 16 TAC §3.8 (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.
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