| (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
and dredged material disposal and placement in the coastal area.
(A) The commission shall issue consistency determinations
under this paragraph as an element of the permitting process for permits
to dispose of oil and gas waste in a pit and permits to discharge
oil and gas waste to surface waters.
(B) Prior to issuance of a permit or certification
covered by this paragraph, the commission shall determine if the proposed
activity will have a direct and significant adverse effect on any
CNRA identified in the provisions of paragraph (1) of this subsection
that are applicable to such activity.
(i) If the commission determines that issuance of a
permit or a certification covered by this paragraph would not result
in direct and significant adverse effects to any CNRA identified in
the provisions of paragraph (1) of this subsection that are applicable
to the proposed activity, the commission shall issue a written determination
of no direct and significant adverse effect which shall read as follows:
"The Railroad Commission has reviewed this proposed action for consistency
with the Coastal Management Program (CMP) goals and policies, and
has found that the proposed action will not have a direct and significant
adverse affect on any coastal natural resource area (CNRA) identified
in the applicable policies."
(ii) If the commission determines that issuance of
a permit or certification covered by this paragraph would result in
direct and significant adverse affects to a CNRA identified in the
provisions of paragraph (1) of this subsection that are applicable
to the proposed activity, the commission shall determine whether the
proposed activity would meet the applicable requirements of paragraph
(1) of this subsection.
(I) If the commission determines that the proposed
activity would meet the applicable requirements of paragraph (1) of
this subsection, the commission shall issue a written consistency
determination which shall read as follows: "The Railroad Commission
has reviewed this proposed action for consistency with the Texas Coastal
Management Program (CMP) goals and policies, and has determined that
the proposed action is consistent with the applicable CMP goals and
policies."
(II) If the commission determines that the proposed
activity would not meet the applicable requirements of paragraph (1)
of this subsection, the commission shall not issue the permit or certification.
(3) Thresholds for Referral. Any commission action
that is not identified in this paragraph shall be deemed not to exceed
thresholds for referral for purposes of the CMP rules. Pursuant to
Title 31, Texas Administrative Code, §505.32 (Requirements for
Referral of an Individual Agency Action), the thresholds for referral
of consistency determinations issued by the commission are as follows:
(A) for oil and gas waste disposal pits, any permit
to construct a pit occupying five acres or more of any CNRA that has
been mapped or that may be readily determined by a survey of the site;
(B) for discharges, any permit to discharge oil and
gas waste consisting, in whole or in part, of produced waters into
tidally influenced waters at a rate equal to or greater than 100,000
gallons per day;
(C) for certification of federal permits for development
in critical areas:
(i) in the bays and estuaries between Pass Cavallo
in Matagorda Bay and the border with the Republic of Mexico, any certification
of a federal permit authorizing disturbance of:
(I) ten acres or more of submerged aquatic vegetation
or tidal sand or mud flats; or
(II) five acres or more of any other critical area;
and
(ii) in all areas within the coastal zone other than
the bays and estuaries between Pass Cavallo in Matagorda Bay and the
border with the Republic of Mexico, any certification of a federal
permit authorizing disturbance of five acres or more of any critical
area;
(D) for certification of federal permits for dredging
and dredged material disposal or placement, certification of a permit
authorizing removal of more than 10,000 cubic yards of dredged material
from a critical area.
|
| Source Note: The provisions of this §3.8 adopted to be effective January 1, 1976; amended to be effective February 10, 1977, 2 TexReg 359; amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective May 1, 1984, 9 TexReg 1549; amended to be effective March 15, 1986, 11 TexReg 950; amended to be effective January 6, 1987, 11 TexReg 5091; amended to be effective December 1, 1987, 12 TexReg 4188; amended to be effective January 28, 1992, 17 TexReg 321; amended to be effective February 1, 1995, 19 TexReg 10345; amended to be effective October 25, 1995, 20 TexReg 8442; amended to be effective April 1, 1996, 20 TexReg 9423; amended to be effective July 10, 2000, 25 TexReg 6487; amended tobe effective September 1, 2004, 29 TexReg 8271; amended to be effective April 15, 2013, 38 TexReg 2318 |
