| (I) Storm water associated with industrial activities.
The TCEQ regulates storm water discharges associated with certain
industrial activities under individual TPDES permits and under the
TPDES Multi-Sector General Permit, except for discharges associated
with industrial activities under the jurisdiction of the RRC.
(II) Storm water associated with construction activities.
The TCEQ regulates storm water discharges associated with construction
activities, except for discharges from construction activities under
the jurisdiction of the RRC.
(III) Municipal storm water discharges. The TCEQ has
jurisdiction over discharges from regulated municipal storm sewer
systems (MS4s).
(IV) Combined storm water. Except with regard to storage
of oil, when a portion of a site is regulated by the TCEQ, and a portion
of a site is regulated by the EPA and RRC, storm water authorization
must be obtained from the TCEQ for the portion(s) of the site regulated
by the TCEQ, and from the EPA and the RRC, as applicable, for the
RRC regulated portion(s) of the site. Discharge of storm water from
a facility that stores both refined products intended for off-site
use and crude oil in aboveground tanks is regulated by the TCEQ.
(v) State water quality certification. Under the Clean
Water Act (CWA) Section 401 (33 U.S.C. Section 1341), the TCEQ performs
state water quality certifications for activities that require a federal
license or permit and that may result in a discharge to waters of
the United States, except for those activities regulated by the RRC.
(vi) Commercial brine extraction and evaporation. Under
Texas Water Code, §26.132, the TCEQ has jurisdiction over evaporation
pits operated for the commercial production of brine water, minerals,
salts, or other substances that naturally occur in groundwater and
that are not regulated by the RRC.
(C) Injection wells. Under the Texas Water Code, Chapter
27, the TCEQ has jurisdiction to regulate and authorize the drilling,
construction, operation, and closure of injection wells unless the
activity is subject to the jurisdiction of the RRC. Injection wells
under TCEQ's jurisdiction are identified in 30 TAC §331.11 (relating
to Classification of Injection Wells) and include:
(i) Class I injection wells for the disposal of hazardous,
radioactive, industrial or municipal waste that inject fluids below
the lower-most formation which within 1/4 mile of the wellbore contains
an underground source of drinking water;
(ii) Class III injection wells for the extraction of
minerals including solution mining of sodium sulfate, sulfur, potash,
phosphate, copper, uranium and the mining of sulfur by the Frasch
process;
(iii) Class IV injection wells for the disposal of
hazardous or radioactive waste which inject fluids into or above formations
that contain an underground source of drinking water; and
(iv) Class V injection wells that are not under the
jurisdiction of the RRC, such as aquifer remediation wells, aquifer
recharge wells, aquifer storage wells, large capacity septic systems,
storm water drainage wells, salt water intrusion barrier wells, and
closed loop geothermal wells.
(2) Railroad Commission of Texas (RRC).
(A) Oil and gas waste.
(i) Under Texas Natural Resources Code, Title 3, and
Texas Water Code, Chapter 26, wastes (both hazardous and nonhazardous)
resulting from activities associated with the exploration, development,
or production of oil or gas or geothermal resources, including storage,
handling, reclamation, gathering, transportation, or distribution
of crude oil or natural gas by pipeline, prior to the refining of
such oil or prior to the use of such gas in any manufacturing process
or as a residential or industrial fuel, are under the jurisdiction
of the RRC, except as noted in clause (ii) of this subparagraph. These
wastes are termed "oil and gas wastes." In compliance with Texas Health
and Safety Code, §361.025 (relating to exempt activities), a
list of activities that generate wastes that are subject to the jurisdiction
of the RRC is found at §3.8(a)(30) of this title (relating to
Water Protection) and at 30 TAC §335.1 (relating to Definitions),
which contains a definition of "activities associated with the exploration,
development, and production of oil or gas or geothermal resources."
Under Texas Health and Safety Code, §401.415, the RRC has jurisdiction
over the disposal of oil and gas naturally occurring radioactive material
(NORM) waste that constitutes, is contained in, or has contaminated
oil and gas waste.
(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 Cont'd... |
