| (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.
(A) Tank bottoms and other wastes from the storage
of crude oil (whether foreign or domestic) before it enters the refinery
are under the jurisdiction of the RRC. In addition, waste resulting
from storage of crude oil at refineries is subject to the jurisdiction
of the TCEQ.
(B) Wastes generated from storage tanks that are part
of the refinery and wastes resulting from the wholesale and retail
marketing of refined products are subject to the jurisdiction of the
TCEQ.
(4) Underground hydrocarbon storage. The disposal of
wastes, including saltwater, resulting from the construction, creation,
operation, maintenance, closure, or abandonment of an "underground
hydrocarbon storage facility" is subject to the jurisdiction of the
RRC, provided the terms "hydrocarbons" and "underground hydrocarbon
storage facility" have the meanings set out in Texas Natural Resources
Code, §91.201.
(5) Underground natural gas storage. The disposal of
wastes resulting from the construction, operation, or abandonment
of an "underground natural gas storage facility" is subject to the
jurisdiction of the RRC, provided that the terms "natural gas" and
"storage facility" have the meanings set out in Texas Natural Resources
Code, §91.173.
(6) Transportation of crude oil or natural gas.
(A) Jurisdiction over pipeline-related activities.
The RRC has jurisdiction over matters related to pipeline safety for
pipelines in Texas, as referenced in §8.1 of this title (relating
to General Applicability and Standards) pursuant to Chapter 121 of
the Texas Utilities Code and Chapter 117 of the Texas Natural Resources
Code. The RRC has jurisdiction over spill response and remediation
of releases from pipelines transporting crude oil, natural gas, and
condensate that originate from exploration and production facilities
to the refinery gate. The RRC has jurisdiction over waste generated
by construction and operation of pipelines used to transport crude
oil, natural gas, and condensate on an oil and gas lease, and from
exploration and production facilities to the refinery gate. The RRC
is responsible for water quality certification issues related to construction
and operation of pipelines used to transport crude oil, natural gas,
and condensate on an oil and gas lease, and from exploration and production
facilities to the refinery gate. The RRC has jurisdiction over waste
generated by construction and operation of pipelines transporting
carbon dioxide.
(B) Crude oil and natural gas are transported by railcars,
tank trucks, barges, tankers, and pipelines. The RRC has jurisdiction
over waste from the transportation of crude oil by pipeline, regardless
of the crude oil source (foreign or domestic) prior to arrival at
a refinery. The RRC also has jurisdiction over waste from the transportation
by pipeline of natural gas, including natural gas liquids, prior to
the use of the natural gas in any manufacturing process or as a residential
or industrial fuel. The transportation wastes subject to the jurisdiction
of the RRC include wastes from pipeline compressor or pressure stations
and wastes from pipeline hydrostatic pressure tests and other pipeline
operations. These wastes include waste hydrocarbons (including used
oil), treating and cleaning chemicals, filters (including used oil
filters), scraper trap sludge, trash, domestic sewage, wastes contaminated
with polychlorinated biphenyls (PCBs) (including transformers, capacitors,
ballasts, and soils), soils contaminated with mercury from leaking
mercury meters, asbestos insulation, transite pipe, and hydrostatic
test waters.
(C) The TCEQ has jurisdiction over waste from transportation
of refined products by pipeline.
(D) The TCEQ also has jurisdiction over wastes associated
with transportation of crude oil and natural gas, including natural
gas liquids, by railcar, tank truck, barge, or tanker.
(7) Reclamation plants.
(A) The RRC has jurisdiction over wastes from reclamation
plants that process wastes from activities associated with the exploration,
development, or production of oil, gas, or geothermal resources, such
as lease tank bottoms. Waste management activities of reclamation
plants for other wastes are subject to the jurisdiction of the TCEQ.
(B) The RRC has jurisdiction over the conservation
and prevention of waste of crude oil and therefore must approve all
movements of crude oil-containing materials to reclamation plants.
The applicable statute and regulations consist primarily of reporting
requirements for accounting purposes.
(8) Refining of oil.
Cont'd... |
