(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 Regulatory Determination has
been, and may continue to be, clarified in subsequent guidance issued
by the EPA.
(d) Jurisdiction over waste from specific activities.
(1) Drilling, operation, and plugging of wells associated
with the exploration, development, or production of oil, gas, or geothermal
resources. Wells associated with the exploration, development, or
production of oil, gas, or geothermal resources include exploratory
wells, cathodic protection holes, core holes, oil wells, gas wells,
geothermal resource wells, fluid injection wells used for secondary
or enhanced recovery of oil or gas, oil and gas waste disposal wells,
and injection water source wells. Several types of waste materials
can be generated during the drilling, operation, and plugging of these
wells. These waste materials include drilling fluids (including water-based
and oil-based fluids), cuttings, produced water, produced sand, waste
hydrocarbons (including used oil), fracturing fluids, spent acid,
workover fluids, treating chemicals (including scale inhibitors, emulsion
breakers, paraffin inhibitors, and surfactants), waste cement, filters
(including used oil filters), domestic sewage (including waterborne
human waste and waste from activities such as bathing and food preparation),
and trash (including inert waste, barrels, dope cans, oily rags, mud
sacks, and garbage). Generally, these wastes, whether disposed of
by discharge, landfill, land farm, evaporation, or injection, are
subject to the jurisdiction of the RRC. Wastes from oil, gas, and
geothermal exploration activities subject to regulation by the RRC
when those wastes are to be processed, treated, or disposed of at
a solid waste management facility authorized by the TCEQ under Chapter
330 of this title (relating to Municipal Solid Waste) are, as defined
in §330.3(148) of this title (relating to Definitions), "special
wastes."
(2) Field treatment of produced fluids. Oil, gas, and
water produced from oil, gas, or geothermal resource wells may be
treated in the field in facilities such as separators, skimmers, heater
treaters, dehydrators, and sweetening units. Waste that results from
the field treatment of oil and gas include waste hydrocarbons (including
used oil), produced water, hydrogen sulfide scavengers, dehydration
wastes, treating and cleaning chemicals, filters (including used oil
filters), asbestos insulation, domestic sewage, and trash are subject
to the jurisdiction of the RRC.
(3) Storage of oil.
(A) Tank bottoms and other wastes from the storage
of crude oil (whether foreign or domestic) before it enters the refinery
are under the jurisdiction of the RRC. In addition, waste resulting
from storage of crude oil at refineries is subject to the jurisdiction
of the TCEQ.
(B) Wastes generated from storage tanks that are part
of the refinery and wastes resulting from the wholesale and retail
marketing of refined products are subject to the jurisdiction of the
TCEQ.
(4) Underground hydrocarbon storage. The disposal of
wastes, including saltwater, resulting from the construction, creation,
operation, maintenance, closure, or abandonment of an "underground
hydrocarbon storage facility" is subject to the jurisdiction of the
RRC, provided the terms "hydrocarbons" and "underground hydrocarbon
storage facility" have the meanings set out in Texas Natural Resources
Code, §91.201.
(5) Underground natural gas storage. The disposal of
wastes resulting from the construction, operation, or abandonment
of an "underground natural gas storage facility" is subject to the
jurisdiction of the RRC, provided that the terms "natural gas" and
"storage facility" have the meanings set out in Texas Natural Resources
Code, §91.173.
(6) Transportation of crude oil or natural gas.
(A) Jurisdiction over pipeline-related activities.
The RRC has jurisdiction over matters related to pipeline safety for
pipelines in Texas, as referenced in 16 TAC §8.1 (relating to
General Applicability and Standards) pursuant to Chapter 121 of the
Texas Utilities Code and Chapter 117 of the Texas Natural Resources
Code. The RRC has jurisdiction over spill response and remediation
of releases from pipelines transporting crude oil, natural gas, and
condensate that originate from exploration and production facilities
to the refinery gate. The RRC has jurisdiction over waste generated
by construction and operation of pipelines used to transport crude
oil, natural gas, and condensate on an oil and gas lease, and from
exploration and production facilities to the refinery gate. The RRC
is responsible for water quality certification issues related to construction
and operation of pipelines used to transport crude oil, natural gas,
and condensate on an oil and gas lease, and from exploration and production
facilities to the refinery gate. The RRC has jurisdiction over waste
generated by construction and operation of pipelines transporting
carbon dioxide.
(B) Crude oil and natural gas are transported by railcars,
tank trucks, barges, tankers, and pipelines. The RRC has jurisdiction
over waste from the transportation of crude oil by pipeline, regardless
of the crude oil source (foreign or domestic) prior to arrival at
a refinery. The RRC also has jurisdiction over waste from the transportation
by pipeline of natural gas, including natural gas liquids, prior to
the use of the natural gas in any manufacturing process or as a residential
or industrial fuel. The transportation wastes subject to the jurisdiction
of the RRC include wastes from pipeline compressor or pressure stations
and wastes from pipeline hydrostatic Cont'd... |