| (ii) Hazardous wastes arising out of or incidental
to activities associated with gasoline plants, natural gas or natural
gas liquids processing plants or reservoir pressure maintenance or
repressurizing plants are subject to the jurisdiction of the TCEQ
until the RRC is authorized by EPA to administer RCRA. When the RRC
is authorized by EPA to administer RCRA, jurisdiction over such hazardous
wastes will transfer from the TCEQ to the RRC.
(B) Water quality.
(i) Discharges. Under Texas Natural Resources Code,
Title 3, and Texas Water Code, Chapter 26, the RRC regulates discharges
from activities associated with the exploration, development, or production
of oil, gas, or geothermal resources, including transportation of
crude oil and natural gas by pipeline, and from solution brine mining
activities, except that on delegation to the TCEQ of NPDES authority
for discharges into surface water in the state of produced water,
hydrostatic test water, and gas plant effluent resulting from the
activities described in Texas Water Code §26.131(a), the TCEQ
has sole authority to issue permits for those discharges. Discharges
regulated by the RRC into or adjacent to water in the state shall
not cause a violation of the water quality standards. While water
quality standards are established by the TCEQ, the RRC has the responsibility
for enforcing any violation of such standards resulting from activities
regulated by the RRC. Texas Water Code, Chapter 26, does not require
that discharges regulated by the RRC comply with regulations of the
TCEQ that are not water quality standards. The TCEQ and the RRC may
consult as necessary regarding application and interpretation of Texas
Surface Water Quality Standards.
(ii) Storm water. When required by federal law, authorization
for storm water discharges that are under the jurisdiction of the
RRC must be obtained through application for a National Pollutant
Discharge Elimination System (NPDES) permit with the EPA and authorization
from the RRC, as applicable.
(I) Storm water associated with industrial activities.
Where required by federal law, discharges of storm water associated
with facilities and activities under the RRC's jurisdiction must be
authorized by the EPA and the RRC, as applicable. Under 33 U.S.C. §1342(l)(2)
and §1362(24), EPA cannot require a permit for discharges of
storm water from "field activities or operations associated with {oil
and gas} exploration, production, processing, or treatment operations,
or transmission facilities" unless the discharge is contaminated by
contact with any overburden, raw material, intermediate product, finished
product, byproduct, or waste product located on the site of the facility.
Under §3.8 of this title (relating to Water Protection), the
RRC prohibits operators from causing or allowing pollution of surface
or subsurface water. Operators are encouraged to implement and maintain
Best Management Practices (BMPs) to minimize discharges of pollutants,
including sediment, in storm water to help ensure protection of surface
water quality during storm events.
(II) Storm water associated with construction activities.
Where required by federal law, discharges of storm water associated
with construction activities under the RRC's jurisdiction must be
authorized by the EPA and the RRC, as applicable. Activities under
RRC jurisdiction include construction of a facility that, when completed,
would be associated with the exploration, development, or production
of oil or gas or geothermal resources, such as a well site; treatment
or storage facility; underground hydrocarbon or natural gas storage
facility; reclamation plant; gas processing facility; compressor station;
terminal facility where crude oil is stored prior to refining and
at which refined products are stored solely for use at the facility;
a carbon dioxide geologic storage facility under the jurisdiction
of the RRC; and a gathering, transmission, or distribution pipeline
that will transport crude oil or natural gas, including natural gas
liquids, prior to refining of such oil or the use of the natural gas
in any manufacturing process or as a residential or industrial fuel.
The RRC also has jurisdiction over storm water from land disturbance
associated with a site survey that is conducted prior to construction
of a facility that would be regulated by the RRC. Under 33 U.S.C. §1342(l)(2)
and §1362(24), EPA cannot require a permit for discharges of
storm water from "field activities or operations associated with {oil
and gas} exploration, production, processing, or treatment operations,
or transmission facilities, including activities necessary to prepare
a site for drilling and for the movement and placement of drilling
equipment, whether or not such field activities or operations may
be considered to be construction activities" unless the discharge
is contaminated by contact with any overburden, raw material, intermediate
product, finished product, byproduct, or waste product located on
the site of the facility. Under §3.8 of this title (relating
to Water Protection), the RRC prohibits operators from causing or
allowing pollution of surface or subsurface water. Operators are encouraged
to implement and maintain BMPs to minimize discharges of pollutants,
including sediment, in storm water during construction activities
to help ensure protection of surface water quality during storm events.
(III) Municipal storm water discharges. Storm water
discharges from facilities regulated by the RRC located within an
MS4 are not regulated by the TCEQ. However, a municipality may regulate
storm water discharges from RRC sites into their MS4.
(IV) Combined storm water. Except with regard to storage
of oil, when a portion of a site is regulated by the RRC and the EPA,
and a portion of a site is regulated by the TCEQ, storm water authorization
must be obtained from the EPA and the RRC, as applicable, for the
portion(s) of the site under RRC jurisdiction and from the TCEQ for
the TCEQ regulated portion(s) of the site. Discharge of storm water
from a terminal facility where crude oil is stored prior to refining
and at which refined products are stored solely for use at the facility
is under the jurisdiction of the RRC.
(iii) State water quality certification. The RRC performs
state water quality certifications, as authorized by the Clean Water
Act (CWA) Section 401 (33 U.S.C. Section 1341) for activities that
require a federal license or permit and that may result in any discharge
to waters of the United States for those activities regulated by the
RRC.
(C) Injection wells. The RRC has jurisdiction over
the drilling, construction, operation, and closure of the following
injection wells.
(i) Disposal wells. The RRC has jurisdiction under
Texas Water Code, Chapter 27, over injection wells used to dispose
of oil and gas waste. Texas Water Code, Chapter 27, defines "oil and
gas waste" to mean "waste arising out of or incidental to drilling
for or producing of oil, gas, or geothermal resources, waste arising
out of or incidental to the underground storage of hydrocarbons other
than storage in artificial tanks or containers, or waste arising out
of or incidental to the operation of gasoline plants, natural gas
processing plants, or pressure maintenance or repressurizing plants.
The term includes but is not limited to salt water, brine, sludge,
drilling mud, and other liquid or semi-liquid waste material." The
term "waste arising out of or incidental to drilling for or producing
of oil, gas, or geothermal resources" includes waste associated with
transportation of crude oil or natural gas by pipeline pursuant to
Texas Natural Resources Code, §91.101.
(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 30
TAC Chapter 330 are, as defined in 30 TAC §330.3(148) (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.
Cont'd... |
