| (i) pollution of surface or subsurface water is occurring
or is likely to occur as a result of the permitted operations;
(ii) waste of oil, gas, or geothermal resources is
occurring or is likely to occur as a result of the permitted operations;
(iii) the permittee has violated the terms and conditions
of the permit or commission rules;
(iv) the permittee misrepresented any material fact
during the permit issuance process;
(v) the permittee failed to give the notice required
by the commission during the permit issuance process;
(vi) a material change of conditions has occurred in
the permitted operations, or the information provided in the application
has changed materially.
(F) Emergency permits. If the director determines that
expeditious issuance of the permit will prevent or is likely to prevent
the waste of oil, gas, or geothermal resources or the pollution of
surface or subsurface water, the director may issue an emergency permit.
An application for an emergency permit to use or maintain a pit or
to dispose of oil and gas wastes shall be filed with the commission
in the appropriate district office. Notice of the application is not
required. If warranted by the nature of the emergency, the director
may issue an emergency permit based upon a verbal application, or
the director may verbally authorize an activity before issuing a written
permit authorizing that activity. An emergency permit is valid for
up to 30 days, but may be modified, suspended, or terminated by the
director at any time for good cause without notice and opportunity
for hearing. Except when the provisions of this subparagraph are to
the contrary, the issuance, denial, modification, suspension, or termination
of an emergency permit shall be governed by the provisions of subparagraphs
(A) - (E) of this paragraph.
(G) Minor permits. If the director determines that
an application is for a permit to store only a minor amount of oil
field fluids or to store or dispose of only a minor amount of oil
and gas waste, the director may issue a minor permit provided the
permit does not authorize an activity which results in waste of oil,
gas, or geothermal resources or pollution of surface or subsurface
water. An application for a minor permit shall be filed with the commission
in the appropriate district office. Notice of the application shall
be given as required by the director. The director may determine that
notice of the application is not required. A minor permit is valid
for 60 days, but a minor permit which is issued without notice of
the application may be modified, suspended, or terminated by the director
at any time for good cause without notice and opportunity for hearing.
Except when the provisions of this subparagraph are to the contrary,
the issuance, denial, modification, suspension, or termination of
a minor permit shall be governed by the provisions of subparagraphs
(A) - (E) of this paragraph.
(7) Recycling.
(A) Prohibited recycling. Except for those recycling
methods authorized for certain wastes by subparagraph (B) of this
paragraph, no person may recycle any oil and gas wastes by any method
without obtaining a permit.
(B) Authorized recycling.
(i) No permit is required if treated fluid is recycled
for use as makeup water for a hydraulic fracturing fluid treatment(s),
or as another type of oilfield fluid to be used in the wellbore of
an oil, gas, geothermal, or service well.
(ii) Treated fluid may be reused in any other manner,
other than discharge to waters of the state, without a permit from
the Commission, provided the reuse occurs pursuant to a permit issued
by another state or federal agency.
(iii) If treatment of the fluid results in distilled
water, no permit is required to use the resulting distilled water
in any manner other than discharge to waters of the state.
(iv) Fluid that meets the requirements of clause (i),
(ii), or (iii) of this subparagraph is a recyclable product.
(C) Permitted recycling.
(i) Treated fluid may be reused in any manner, other
than the manner authorized by subparagraph (B) of this paragraph,
pursuant to a permit issued by the director on a case-by-case basis,
taking into account the source of the fluids, the anticipated constituents
of concern, the volume of fluids, the location, and the proposed reuse
of the treated fluids. Fluid that meets the requirements of a permit
issued under this clause is a recyclable product.
(ii) All commercial recycling requires the commercial
recycler of the oil and gas waste to obtain a permit in accordance
with Chapter 4, Subchapter B of this title (relating to Commercial
Recycling).
(8) Used oil. Used oil as defined in §3.98 of
this title, shall be managed in accordance with the provisions of
40 CFR, Part 279.
(e) Pollution prevention (reference Order Number 20-59,200,
effective May 1, 1969).
(1) The operator shall not pollute the waters of the
Texas offshore and adjacent estuarine zones (saltwater bearing bays,
inlets, and estuaries) or damage the aquatic life therein.
(2) All oil, gas, and geothermal resource well drilling
and producing operations shall be conducted in such a manner to preclude
the pollution of the waters of the Texas offshore and adjacent estuarine
zones. Particularly, the following procedures shall be utilized to
prevent pollution.
(A) The disposal of liquid waste material into the
Texas offshore and adjacent estuarine zones shall be limited to saltwater
and other materials which have been treated, when necessary, for the
removal of constituents which may be harmful to aquatic life or injurious
to life or property.
(B) No oil or other hydrocarbons in any form or combination
with other materials or constituent shall be disposed of into the
Texas offshore and adjacent estuarine zones.
(C) All deck areas on drilling platforms, barges, workover
unit, and associated equipment both floating and stationary subject
to contamination shall be either curbed and connected by drain to
a collecting tank, sump, or enclosed drilling slot in which the containment
will be treated and disposed of without causing hazard or pollution;
or else drip pans, or their equivalent, shall be placed under any
equipment which might reasonably be considered a source from which
pollutants may escape into surrounding water. These drip pans must
be piped to collecting tanks, sumps, or enclosed drilling slots to
prevent overflow or prevent pollution of the surrounding water.
(D) Solid combustible waste may be burned and the ashes
may be disposed of into Texas offshore and adjacent estuarine zones.
Solid wastes such as cans, bottles, or any form of trash must be transported
to shore in appropriate containers. Edible garbage, which may be consumed
by aquatic life without harm, may be disposed of into Texas offshore
and adjacent estuarine zones.
(E) Drilling muds which contain oil shall be transported
to shore or a designated area for disposal. Only oil-free cutting
and fluids from mud systems may be disposed of into Texas offshore
and adjacent estuarine zones at or near the surface.
(F) Fluids produced from offshore wells shall be mechanically
contained in adequately pressure-controlled piping or vessels from
producing well to disposition point. Oil and water separation facilities
at offshore and onshore locations shall contain safeguards to prevent
emission of pollutants to the Texas offshore and adjacent estuarine
zones prior to proper treatment.
(G) All deck areas on producing platforms subject to
contamination shall be either curbed and connected by drain to a collecting
tank or sump in which the containment will be treated and disposed
of without causing hazard or pollution, or else drip pans, or their
equivalent, shall be placed under any equipment which might reasonably
be considered a source from which pollutants may escape into surrounding
water. These drip pans must be piped to collecting tanks or sumps
designed to accommodate all reasonably expected drainage. Satisfactory
means must be provided to empty the sumps to prevent overflow.
(H) Any person observing water pollution shall report
such sighting, noting size, material, location, and current conditions
to the ranking operating personnel. Immediate action or notification
shall be made to eliminate further pollution. The operator shall then
transmit the report to the appropriate commission district office.
(I) Immediate corrective action shall be taken in all
cases where pollution has occurred. An operator responsible for the
pollution shall remove immediately such oil, oil field waste, or other
pollution materials from the waters and the shoreline where it is
found. Such removal operations will be at the expense of the responsible
operator.
(3) The commission may suspend producing and/or drilling
operations from any facility when it appears that the provisions of
this rule are being violated.
(4) (Reference Order Number 20-60,214, effective October
1, 1970.) The foregoing provisions of Rule 8(D) shall also be required
and enforced as to all oil, gas, or geothermal resource operations
conducted on the inland and fresh waters of the State of Texas, such
as lakes, rivers, and streams.
(f) Oil and gas waste haulers.
(1) A person who transports oil and gas waste for hire
by any method other than by pipeline shall not haul or dispose of
oil and gas waste off a lease, unit, or other oil or gas property
where it is generated unless such transporter has qualified for and
been issued an oil and gas waste hauler permit by the commission.
Hauling of inert waste, asbestos-containing material regulated under
the Clean Air Act (42 USC §§7401 et seq), polychlorinated
biphenyl (PCB) waste regulated under the Toxic Substances Control
Act (15 USCA §§2601 et seq), or hazardous oil and gas waste
subject to regulation under §3.98 of this title is excluded from
this subsection. This subsection is not applicable to the non-commercial
hauling of oil and gas wastes for non-commercial recycling. For purposes
of this subsection, injection of salt water or other oil and gas waste
into an oil and gas reservoir for purposes of enhanced recovery does
not qualify as recycling.
(A) Application for an oil and gas waste hauler permit
will be made on the commission-prescribed form, and in accordance
with the instructions thereon, and must be accompanied by:
(i) the permit application fee required by §3.78
of this title (relating to Fees and Financial Security Requirements)
(Statewide Rule 78);
(ii) vehicle identification information to support
commission issuance of an approved vehicle list;
(iii) an affidavit from the operator of each commission-permitted
disposal system the hauler intends to use stating that the hauler
has permission to use the system; and
(iv) a certification by the hauler that the vehicles
listed on the application are designed so that they will not leak
during transportation. The certification shall include a statement
that vehicles used to haul non-solid oil and gas waste shall be designed
to transport non-solid oil and gas wastes, and shall be operated and
maintained to prevent the escape of oil and gas waste.
(B) An oil and gas waste hauler permit may be issued
for a term not to exceed one year, subject to renewal by the filing
of an application for permit renewal and the required application
fee for the next permit period. The term of an oil and gas waste hauler
permit will be established in accordance with a schedule prescribed
by the director to allow for the orderly and timely renewal of oil
and gas waste hauler permits on a staggered basis.
(C) Each oil and gas waste hauler shall operate in
strict compliance with the instructions and conditions stated on the
permit which provide:
(i) This permit, unless suspended or revoked for cause
shown, shall remain valid until the expiration date specified in this
permit.
(ii) Each vehicle used by a permittee shall be marked
on both sides and the rear with the permittee's name and permit number
in characters not less than three inches high. (For the purposes of
this permit, "vehicle" means any truck tank, trailer tank, tank car,
vacuum truck, dump truck, garbage truck, or other container in which
oil and gas waste will be hauled by the permittee.)
(iii) Each vehicle must carry a copy of the permit
including those parts of the commission-issued attachments listing
approved vehicles and commission-permitted disposal systems that are
relevant to that vehicle's activities. This permit authority is limited
to those vehicles shown on the commission-issued list of approved
vehicles.
(iv) This permit is issued pursuant to the information
furnished on the application form, and any change in conditions must
be reported to the commission on an amended application form. The
permit authority will be revised as required by the amended application.
(v) This permit authority is limited to hauling, handling,
and disposal of oil and gas waste.
(vi) This permit authorizes the permittee to use commission-permitted
disposal systems for which the permittee has submitted affidavits
from the disposal system operators stating that the permittee has
permission to use the systems. These disposal systems are listed as
an attachment to the permit. This permit also authorizes the permittee
to use a disposal system operated under authority of a minor permit
issued by the commission without submitting an affidavit from the
disposal system operator. In addition, this permit authorizes the
permittee to transport hazardous oil and gas waste to any facility
in Cont'd... |
