| (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 |
