| the oil and gas exploration,
development, and production industry are trained; used and/or unused
drilling and completion/workover wastes generated at facilities where
materials, processes, and equipment associated with oil and gas exploration,
development, and production operations are researched, developed,
designed, and manufactured; unless other provisions are made in the
underground injection well permit used and/or unused drilling and
completion wastes (but not workover wastes) generated in connection
with the drilling and completion of Class I, III, and V injection
wells; wastes (such as contaminated soils, media, debris, sorbent
pads, and other cleanup materials) associated with spills of crude
oil and natural gas liquids if such wastes are under the jurisdiction
of the TCEQ; and sludges from washout pits at commercial service company
facilities.
(D) Under Texas Water Code, §27.0511(g), a TCEQ
permit is required for injection of industrial or municipal waste
as an injection fluid for enhanced recovery purposes. However, under
Texas Water Code, §27.0511(h), the RRC may authorize a person
to use nonhazardous brine from a desalination operation or nonhazardous
drinking water treatment residuals as an injection fluid for enhanced
recovery purposes without obtaining a permit from the TCEQ. The use
or disposal of radioactive material under this subparagraph is subject
to the applicable requirements of Texas Health and Safety Code, Chapter
401.
(E) Under Texas Water Code, §27.026, by individual
permit, general permit, or rule, the TCEQ may designate a Class II
disposal well that has an RRC permit as a Class V disposal well authorized
to dispose by injection nonhazardous brine from a desalination operation
and nonhazardous drinking water treatment residuals under the jurisdiction
of the TCEQ. The operator of a permitted Class II disposal well seeking
a Class V authorization must apply to TCEQ and obtain a Class V authorization
prior to disposal of nonhazardous brine from a desalination operation
or nonhazardous drinking water treatment residuals. A permitted Class
II disposal well that has obtained a Class V authorization from TCEQ
under Texas Water Code, §27.026, remains subject to the regulatory
requirements of both the RRC and the TCEQ. Nonhazardous brine from
a desalination operation and nonhazardous drinking water treatment
residuals to be disposed by injection in a permitted Class II disposal
well authorized by TCEQ as a Class V injection well remain subject
to the requirements of the Texas Health and Safety Code, the Texas
Water Code, and the TCEQ's rules. The RRC and the TCEQ may impose
additional requirements or conditions to address the dual injection
activity under Texas Water Code, §27.026.
(5) Drilling in landfills. The TCEQ will notify the
Oil and Gas Division of the RRC and the landfill owner at the time
a drilling application is submitted if an operator proposes to drill
a well through a landfill regulated by the TCEQ. The RRC and the TCEQ
will cooperate and coordinate with one another in advising the appropriate
parties of measures necessary to reduce the potential for the landfill
contents to cause groundwater contamination as a result of landfill
disturbance associated with drilling operations. The TCEQ requires
prior written approval before drilling of any test borings through
previously deposited municipal solid waste under §330.15 of this
title (relating to General Prohibitions), and before borings or other
penetration of the final cover of a closed municipal solid waste landfill
under §330.955 of this title (relating to Miscellaneous). The
installation of landfill gas recovery wells for the recovery and beneficial
reuse of landfill gas is under the jurisdiction of the TCEQ in accordance
with Chapter 330, Subchapter I of this title (relating to Landfill
Gas Management). Modification of an active or a closed solid waste
management unit, corrective action management unit, hazardous waste
landfill cell, or industrial waste landfill cell by drilling or penetrating
into or through deposited waste may require prior written approval
from TCEQ. Such approval may require a new authorization from TCEQ
or modification or amendment of an existing TCEQ authorization.
(6) Coordination of actions and cooperative sharing
of information.
(A) In the event that a generator or transporter disposes,
without proper authorization, of wastes regulated by the TCEQ at a
facility permitted by the RRC, the TCEQ is responsible for enforcement
actions against the generator or transporter, and the RRC is responsible
for enforcement actions against the disposal facility. In the event
that a generator or transporter disposes, without proper authorization,
of wastes regulated by the RRC at a facility permitted by the TCEQ,
the RRC is responsible for enforcement actions against the generator
or transporter, and the TCEQ is responsible for enforcement actions
against the disposal facility.
(B) The TCEQ and the RRC agree to cooperate with one
another by sharing information. Employees of either agency who receive
a complaint or discover, in the course of their official duties, information
that indicates a violation of a statute, regulation, order, or permit
pertaining to wastes under the jurisdiction of the other agency, will
notify the other agency. In addition, to facilitate enforcement actions,
each agency will share information in its possession with the other
agency if requested by the other agency to do so.
(C) The TCEQ and the RRC agree to work together at
allocating respective responsibilities. To the extent that jurisdiction
is indeterminate or has yet to be determined, the TCEQ and the RRC
agree to share information and take appropriate investigative steps
to assess jurisdiction.
(D) For items not covered by statute or rule, the TCEQ
and the RRC will collaborate to determine respective responsibilities
for each issue, project, or project type.
(E) The staff of the RRC and the TCEQ shall coordinate
as necessary to attempt to resolve any disputes regarding interpretation
of this MOU and disputes regarding definitions and terms of art.
(7) Groundwater.
(A) Notice of groundwater contamination. Under Texas
Water Code, §26.408, effective September 1, 2003, the RRC must
submit a written notice to the TCEQ of any documented cases of groundwater
contamination that may affect a drinking water well.
(B) Groundwater protection letters. The RRC provides
letters of recommendation concerning groundwater protection.
(i) For recommendations related to normal drilling
operations, shot holes for seismic surveys, and cathodic protection
wells, the RRC provides geologic interpretation identifying fresh
water zones, base of usable-quality water (generally less than 3,000
mg/L total dissolved solids, but may include higher levels of total
dissolved solids if identified as currently being used or identified
by the Texas Water Development Board as a source of water for desalination),
and include protection depths recommended by the RRC. The geological
interpretation may include groundwater protection based on potential
hydrological connectivity to usable-quality water.
(ii) For recommendations related to injection, the
RRC provides geologic interpretation of the base of the underground
source of drinking water. The term "underground source of drinking
water" is defined in 40 Code of Federal Regulations §146.3 (Federal Register, Volume 46, June 24, 1980).
(8) Emergency and spill response.
(A) The TCEQ and the RRC are members of the state's
Emergency Management Council. The TCEQ is the state's primary agency
for emergency support during response to hazardous materials and oil
spill incidents. The TCEQ is responsible for state-level coordination
of assets and services, and will identify and coordinate staffing
requirements appropriate to the incident to include investigative
assignments for the primary and support agencies.
(B) Contaminated soil and other wastes that result
from a spill must be managed in accordance with the governing statutes
and regulations adopted by the agency responsible for the activity
that resulted in the spill. Coordination of issues of spill notification,
prevention, and response shall be addressed in the State of Texas
Oil and Hazardous Substance Spill Contingency Plan and may be addressed
further in a separate Memorandum of Understanding among these agencies
and other appropriate state agencies.
(C) The agency (TCEQ or RRC) that has jurisdiction
over the activity that resulted in the spill incident will be responsible
for measures necessary to monitor, document, and remediate the incident.
(i) The TCEQ has jurisdiction over certain inland oil
spills, all hazardous-substance spills, and spills of other substances
that may cause pollution.
(ii) The RRC has jurisdiction over spills or discharges
from activities associated with the exploration, development, or production
of crude oil, gas, and geothermal resources, and discharges from brine
mining or surface mining.
Cont'd... |
