permittee to transport hazardous oil and gas waste to any facility
in accordance with the provisions of §3.98 of this title, provided
the shipment is accompanied by a manifest. Finally, this permit authorizes
the transportation of oil and gas waste to a disposal facility permitted
by another agency or another state provided the commission has granted
separate authorization for the disposal.
(vii) The permittee must file an application for a
renewal permit, using the permittee's assigned permit number, before
the expiration date specified in this permit.
(viii) The permittee must compile and keep current
a list of all persons by whom the permittee is hired to haul and dispose
of oil and gas waste, and furnish such list to the commission upon
request.
(ix) Each vehicle must be operated and maintained in
such a manner as to prevent spillage, leakage, or other escape of
oil and gas waste during transportation. 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.
(x) Each vehicle must be made available for inspection
upon request by commission personnel.
(2) A record shall be kept by each oil and gas waste
hauler showing daily oil and gas waste hauling operations under the
permitted authority.
(A) Such daily record shall be dated and signed by
the vehicle driver and shall show the following information:
(i) identity of the property from which the oil and
gas waste is hauled;
(ii) identity of the disposal system or commercial
recycling facility to which the oil and gas waste is delivered;
(iii) the type and volume of oil and gas waste received
by the hauler at the property where it was generated; and
(iv) the type and volume of oil and gas waste transported
and delivered by the hauler to the disposal system or commercial recycling
facility.
(B) Such record shall be kept open for the inspection
of the commission or its representatives.
(C) Such record shall be kept on file for a period
of three years from the date of operation and recordation.
(g) Recordkeeping.
(1) Oil and gas waste. When oil and gas waste is hauled
by vehicle from the lease, unit, or other oil or gas property where
it is generated to an off-lease disposal or recycling facility, the
person generating the oil and gas waste shall keep, for a period of
three years from the date of generation, the following records:
(A) identity of the property from which the oil and
gas waste is hauled;
(B) identity of the disposal system or recycling facility
to which the oil and gas waste is delivered;
(C) name and address of the hauler, and permit number
(WHP number) if applicable; and
(D) type and volume of oil and gas waste transported
each day to disposal or recycling.
(2) Retention of run tickets. A person may comply with
the requirements of paragraph (1) of this subsection by retaining
run tickets or other billing information created by the oil and gas
waste hauler, provided the run tickets or other billing information
contain all the information required by paragraph (1) of this subsection.
(3) Examination and reporting. The person keeping any
records required by this subsection shall make the records available
for examination and copying by members and employees of the commission
during reasonable working hours. Upon request of the commission, the
person keeping the records shall file such records with the commission.
(h) Penalties. Violations of this section may subject
a person to penalties and remedies specified in the Texas Natural
Resources Code, Title 3, and any other statutes administered by the
commission. The certificate of compliance for any oil, gas, or geothermal
resource well may be revoked in the manner provided in §3.73
of this title (relating to Pipeline Connection; Cancellation of Certificate
of Compliance; Severance) (Rule 73) or violation of this section.
(i) Coordination between the Railroad Commission of
Texas and the Texas Commission on Environmental Quality or its successor
agencies. The Railroad Commission and the Texas Commission on Environmental
Quality both have adopted by rule a memorandum of understanding regarding
the division of jurisdiction between the agencies over wastes that
result from, or are related to, activities associated with the exploration,
development, and production of oil, gas, or geothermal resources,
and the refining of oil. The memorandum of understanding is adopted
in §3.30 of this title (relating to Memorandum of Understanding
between the Railroad Commission of Texas (RRC) and the Texas Commission
on Environmental Quality (TCEQ)).
(j) Consistency with the Texas Coastal Management Program.
The provisions of this subsection apply only to activities that occur
in the coastal zone and that are subject to the CMP rules.
(1) Specific Policies.
(A) Disposal of Oil and Gas Waste in Pits. The following
provisions apply to oil and gas waste disposal pits located in the
coastal zone:
(i) no commercial oil and gas waste disposal pit constructed
after the effective date of this subsection shall be located in any
CNRA; and
(ii) all oil and gas waste disposal pits shall be designed
to prevent releases of pollutants that adversely affect coastal waters
or critical areas.
(B) Discharge of Oil and Gas Waste to Surface Waters.
The following provisions apply to discharges of oil and gas waste
that occur in the coastal zone:
(i) no discharge of oil and gas waste to surface waters
may cause a violation of the Texas Surface Water Quality Standards
adopted by the Texas Commission on Environmental Quality or its successor
agencies and codified at Title 30, Texas Administrative Code, Chapter
307;
(ii) in determining whether any permit to discharge
oil and gas waste that is comprised, in whole or in part, of produced
water is consistent with the goals and policies of the CMP, the commission
shall consider the effects of salinity from the discharge;
(iii) to the greatest extent practicable, in the case
of any oil and gas exploration, production, or development operation
from which an oil and gas waste discharge commences after the effective
date this subsection, the outfall for the discharge shall not be located
where the discharge will adversely affect any critical area;
(iv) in the case of any oil and gas exploration, production,
or development operation with an oil and gas waste discharge permitted
prior to the effective date of this subsection that adversely affects
any critical area, the outfall for the discharge shall either:
(I) be relocated within two years after the effective
date of this subsection, so that, to the greatest extent practicable,
the discharge does not adversely affect any critical area; or
(II) the discharge shall be discontinued; and
(v) the commission shall notify the Texas Commission
on Environmental Quality or its successor agencies and the Texas Parks
and Wildlife Department upon receipt of an application for a permit
to discharge oil and gas waste that is comprised, in whole or in part,
of produced waters to waters under tidal influence.
(C) Development in Critical Areas. The provisions of
this subparagraph apply to issuance under §401 of the federal
Clean Water Act, United States Code, Title 33, §1341, of certifications
of compliance with applicable water quality requirements for federal
permits authorizing development affecting critical areas. Prior to
issuing any such certification, the commission shall confirm that
the requirements of Title 31, Texas Administrative Code, §501.14(h)(1)(A)
- (G), have been satisfied. The commission shall coordinate its efforts
under this subparagraph with those of other appropriate state and
federal agencies.
(D) Dredging and Dredged Material Disposal and Placement.
The provisions of this subparagraph apply to issuance under §401
of the federal Clean Water Act, United States Code, Title 33, §1341,
of certifications of compliance with applicable water quality requirements
for federal permits authorizing dredging and dredged material disposal
and placement in the coastal zone. Prior to issuing any such certification,
the commission shall confirm that the requirements of Title 31, Texas
Administrative Code, §501.14(j), have been satisfied.
(2) Consistency Determinations. The provisions of this
paragraph apply to issuance of determinations required under Title
31, Texas Administrative Code, §505.30 (Agency Consistency Determination),
for the following actions listed in Title 31, Texas Administrative
Code, §505.11(a)(3): permits to dispose of oil and gas waste
in a pit; permits to discharge oil and gas wastes to surface waters;
and certifications of compliance with applicable water quality requirements
for federal permits for development in critical areas and dredging
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