| (D) Domestic septage collected from portable toilets
at facilities subject to RRC jurisdiction that is not mixed with other
waste materials may be managed at a facility permitted by the TCEQ
for disposal, incineration, or land application for beneficial use
of such domestic septage waste without specific authorization from
the TCEQ or the RRC. Waste sludge subject to the jurisdiction of the
RRC may not be applied to the land at a facility permitted by the
TCEQ for the beneficial use of sewage sludge or water treatment sludge.
(E) TCEQ waste codes and registration numbers are not
required for management of wastes under the jurisdiction of the RRC
at facilities under the jurisdiction of the TCEQ. If a receiving facility
requires a TCEQ waste code for waste under the jurisdiction of the
RRC, a code consisting of the following may be provided:
(i) the sequence number "RRCT";
(ii) the appropriate form code, as specified in 30
TAC Chapter 335, Subchapter R, §335.521, Appendix 3 (relating
to Appendices); and
(iii) the waste classification code "H" if the waste
is a hazardous oil and gas waste, or "R" if the waste is a nonhazardous
oil and gas waste.
(F) If a facility requests or requires a TCEQ waste
generator registration number for wastes under the jurisdiction of
the RRC, the registration number "XXXRC" may be provided.
(G) Wastes that are under the jurisdiction of the RRC
need not be reported to the TCEQ.
(4) Management of nonhazardous wastes under TCEQ jurisdiction
at facilities regulated by the RRC.
(A) Once alternatives for recycling and source reduction
have been explored, and with prior authorization from the RRC, the
following nonhazardous wastes subject to the jurisdiction of the TCEQ
may be disposed of, other than by injection into a Class II well,
at a facility regulated by the RRC; bioremediated at a facility regulated
by the RRC (prior to reuse, recycling, or disposal); or reclaimed
at a crude oil reclamation facility regulated by the RRC: nonhazardous
wastes that are chemically and physically similar to oil and gas wastes,
but excluding soils, media, debris, sorbent pads, and other clean-up
materials that are contaminated with refined petroleum products.
(B) To obtain an individual authorization from the
RRC, the waste generator must provide the following information, in
writing, to the RRC: the identity of the proposed waste management
facility, the quantity of waste involved, a hazardous waste determination
that addresses the process generating the waste and the physical and
chemical nature of the waste, and any other information that the RRC
may require. As appropriate, the RRC shall reevaluate any authorization
issued pursuant to this paragraph.
(C) Once alternatives for recycling and source reduction
have been explored, and subject to the RRC's individual authorization,
the following wastes under the jurisdiction of the TCEQ are authorized
without further TCEQ approval to be disposed of at a facility regulated
by the RRC, bioremediated at a facility regulated by the RRC, or reclaimed
at a crude oil reclamation facility regulated by the RRC: nonhazardous
bottoms from tanks used only for crude oil storage; unused and/or
reconditioned drilling and completion/workover wastes from commercial
service company facilities; used and/or unused drilling and completion/workover
wastes generated at facilities where workers in the oil and gas exploration,
development, and production industry are trained; used and/or unused
drilling and completion/workover wastes generated at facilities where
materials, processes, and equipment associated with oil and gas exploration,
development, and production operations are researched, developed,
designed, and manufactured; unless other provisions are made in the
underground injection well permit used and/or unused drilling and
completion wastes (but not workover wastes) generated in connection
with the drilling and completion of Class I, III, and V injection
wells; wastes (such as contaminated soils, media, debris, sorbent
pads, and other cleanup materials) associated with spills of crude
oil and natural gas liquids if such wastes are under the jurisdiction
of the TCEQ; and sludges from washout pits at commercial service company
facilities.
(D) Under Texas Water Code, §27.0511(g), a TCEQ
permit is required for injection of industrial or municipal waste
as an injection fluid for enhanced recovery purposes. However, under §27.0511(h),
the RRC may authorize a person to use nonhazardous brine from a desalination
operation or nonhazardous drinking water treatment residuals as an
injection fluid for enhanced recovery purposes without obtaining a
permit from the TCEQ. The use or disposal of radioactive material
under this subparagraph is subject to the applicable requirements
of Texas Health and Safety Code, Chapter 401.
(E) Under Texas Water Code, §27.026, by individual
permit, general permit, or rule, the TCEQ may designate a Class II
disposal well that has an RRC permit as a Class V disposal well authorized
to dispose by injection nonhazardous brine from a desalination operation
and nonhazardous drinking water treatment residuals under the jurisdiction
of the TCEQ. The operator of a permitted Class II disposal well seeking
a Class V authorization must apply to TCEQ and obtain a Class V authorization
prior to disposal of nonhazardous brine from a desalination operation
or nonhazardous drinking water treatment residuals. A permitted Class
II disposal well that has obtained a Class V authorization from TCEQ
under Texas Water Code, §27.026, remains subject to the regulatory
requirements of both the RRC and the TCEQ. Nonhazardous brine from
a desalination operation and nonhazardous drinking water treatment
residuals to be disposed by injection in a permitted Class II disposal
well authorized by TCEQ as a Class V injection well remain subject
to the requirements of the Texas Health and Safety Code, the Texas
Water Code, and the TCEQ's rules. The RRC and the TCEQ may impose
additional requirements or conditions to address the dual injection
activity under Texas Water Code, §27.026.
(5) Drilling in landfills. The TCEQ will notify the
Oil and Gas Division of the RRC and the landfill owner at the time
a drilling application is submitted if an operator proposes to drill
a well through a landfill regulated by the TCEQ. The RRC and the TCEQ
will cooperate and coordinate with one another in advising the appropriate
parties of measures necessary to reduce the potential for the landfill
contents to cause groundwater contamination as a result of landfill
disturbance associated with drilling operations. The TCEQ requires
prior written approval before drilling of any test borings through
previously deposited municipal solid waste under 30 TAC §330.15
(relating to General Prohibitions), and before borings or other penetration
of the final cover of a closed municipal solid waste landfill under
30 TAC §330.955 (relating to Miscellaneous). The installation
of landfill gas recovery wells for the recovery and beneficial reuse
of landfill gas is under the jurisdiction of the TCEQ in accordance
with 30 TAC Chapter 330, Subchapter I (relating to Landfill Gas Management).
Modification of an active or a closed solid waste management unit,
corrective action management unit, hazardous waste landfill cell,
or industrial waste landfill cell by drilling or penetrating into
or through deposited waste may require prior written approval from
TCEQ. Such approval may require a new authorization from TCEQ or modification
or amendment of an existing TCEQ authorization.
(6) Coordination of actions and cooperative sharing
of information.
(A) In the event that a generator or transporter disposes,
without proper authorization, of wastes regulated by the TCEQ at a
facility permitted by the RRC, the TCEQ is responsible for enforcement
actions against the generator or transporter, and the RRC is responsible
for enforcement actions against the disposal facility. In the event
that a generator or transporter disposes, without proper authorization,
of wastes regulated by the RRC at a facility permitted by the TCEQ,
the RRC is responsible for enforcement actions against the generator
or transporter, and the TCEQ is responsible for enforcement actions
against the disposal facility.
(B) The TCEQ and the RRC agree to cooperate with one
another by sharing information. Employees of either agency who receive
a complaint or discover, in the course of their official duties, information
that indicates a violation of a statute, regulation, order, or permit
pertaining to wastes under the jurisdiction of the other agency, will
notify the other agency. In addition, to facilitate enforcement actions,
each agency will share information in its possession with the other
agency if requested by the other agency to do so.
(C) The TCEQ and the RRC agree to work together at
allocating respective responsibilities. To the extent that jurisdiction
is indeterminate or has yet to be determined, the TCEQ and the RRC
agree to share information and take appropriate investigative steps
to assess jurisdiction.
(D) For items not covered by statute or rule, the TCEQ
and the RRC will collaborate to determine respective responsibilities
for each issue, project, or project type.
Cont'd... |
