| (A) The TCEQ has jurisdiction over wastes generated
at facilities, other than actual exploration, development, or production
sites (field sites), where oil and gas industry workers are trained.
In addition, the TCEQ has jurisdiction over wastes generated at facilities
where materials, processes, and equipment associated with oil and
gas industry operations are researched, developed, designed, and manufactured.
However, wastes generated from tests of materials, processes, and
equipment at field sites are under the jurisdiction of the RRC.
(B) The TCEQ also has jurisdiction over waste generated
at commercial service company facilities operated by persons providing
equipment, materials, or services (such as drilling and work over
rig rental and tank rental; equipment repair; drilling fluid supply;
and acidizing, fracturing, and cementing services) to the oil and
gas industry. These wastes include the following wastes when they
are generated at commercial service company facilities: empty sacks,
containers, and drums; drum, tank, and truck rinsate; sandblast media;
painting wastes; spent solvents; spilled chemicals; waste motor oil;
and unused fracturing and acidizing fluids.
(C) The term "commercial service company facility"
does not include a station facility such as a warehouse, pipeyard,
or equipment storage facility belonging to an oil and gas operator
and used solely for the support of that operator's own activities
associated with the exploration, development, or production activities.
(D) Notwithstanding subparagraphs (A) - (C) of this
paragraph, the RRC has jurisdiction over disposal of oil and gas wastes,
such as waste drilling fluids and NORM-contaminated pipe scale, in
volumes greater than the incidental volumes usually received at such
facilities, that are managed at commercial service company facilities.
(E) The RRC also has jurisdiction over wastes such
as vacuum truck rinsate and tank rinsate generated at facilities operated
by oil and gas waste haulers permitted by the RRC pursuant to 16 TAC
§3.8(f) (relating to Water Protection).
(12) Mobile offshore drilling units (MODUs). MODUs
are vessels capable of engaging in drilling operations for exploring
or exploiting subsea oil, gas, or mineral resources.
(A) The RRC and, where applicable, the EPA, the U.S.
Coast Guard, or the Texas General Land Office (GLO), have jurisdiction
over discharges from an MODU when the unit is being used in connection
with activities associated with the exploration, development, or production
of oil or gas or geothermal resources, except that upon 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 shall assume RRC's authority under this subsection.
(B) The TCEQ and, where applicable, the EPA, the U.S.
Coast Guard, or the GLO, have jurisdiction over discharges from an
MODU when the unit is being serviced at a maintenance facility.
(C) Where applicable, the EPA, the U.S. Coast Guard,
or the GLO has jurisdiction over discharges from an MODU during transportation
from shore to exploration, development or production site, transportation
between sites, and transportation to a maintenance facility.
(e) Interagency activities.
(1) Recycling and pollution prevention.
(A) The TCEQ and the RRC encourage generators to eliminate
pollution at the source and recycle whenever possible to avoid disposal
of wastes. Questions regarding source reduction and recycling may
be directed to the TCEQ External Relations Division, or to the RRC.
The TCEQ may require generators to explore source reduction and recycling
alternatives prior to authorizing disposal of any waste under the
jurisdiction of the RRC at a facility regulated by the TCEQ; similarly,
the RRC may explore source reduction and recycling alternatives prior
to authorizing disposal of any waste under the jurisdiction of the
TCEQ at a facility regulated by the RRC.
(B) The TCEQ External Relations Division and the RRC
will coordinate as necessary to maintain a working relationship to
enhance the efforts to share information and use resources more efficiently.
The TCEQ External Relations Division will make the proper TCEQ personnel
aware of the services offered by the RRC, share information with the
RRC to maximize services to oil and gas operators, and advise oil
and gas operators of RRC services. The RRC will make the proper RRC
personnel aware of the services offered by the TCEQ External Relations
Division, share information with the TCEQ External Relations Division
to maximize services to industrial operators, and advise industrial
operators of the TCEQ External Relations Division services.
(2) Treatment of wastes under RRC jurisdiction at facilities
authorized by the TCEQ under Chapter 334, Subchapter K of this title
(relating to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil).
(A) Soils contaminated with constituents that are physically
and chemically similar to those normally found in soils at leaking
underground petroleum storage tanks from generators under the jurisdiction
of the RRC are eligible for treatment at TCEQ regulated soil treatment
facilities once alternatives for recycling and source reduction have
been explored. For the purpose of this provision, soils containing
petroleum substance(s) as defined in §334.481 of this title (relating
to Definitions) are considered to be similar, but drilling muds, acids,
or other chemicals used in oil and gas activities are not considered
similar. Generators under the jurisdiction of the RRC must meet the
same requirements as generators under the jurisdiction of the TCEQ
when sending their petroleum contaminated soils to soil treatment
facilities under TCEQ jurisdiction. Those requirements are in §334.496
of this title (relating to Shipping Procedures Applicable to Generators
of Petroleum-Substance Waste), except subsection (c) of this section
which is not applicable, and §334.497 of this title (relating
to Recordkeeping and Reporting Procedures Applicable to Generators).
RRC generators with questions on these requirements should contact
the TCEQ.
(B) Generators under RRC jurisdiction should also be
aware that TCEQ regulated soil treatment facilities are required by
§334.499 of this title (relating to Shipping Requirements Applicable
to Owners or Operators of Storage, Treatment, or Disposal Facilities)
to maintain documentation on the soil sampling and analytical methods,
chain-of-custody, and all analytical results for the soil received
at the facility and transported off-site or reused on-site.
(C) The RRC must specifically authorize management
of contaminated soils under its jurisdiction at facilities authorized
by the TCEQ under Chapter 334, Subchapter K of this title (relating
to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil). The RRC may grant such authorizations by rule,
or on an individual basis through permits or other written authorizations.
(D) All waste, including treated waste, subject to
the jurisdiction of the RRC and managed at facilities authorized by
the TCEQ under Chapter 334, Subchapter K of this title will remain
subject to the jurisdiction of the RRC. Such materials will be subject
to RRC regulations regarding final reuse, recycling, or disposal.
(E) TCEQ waste codes and registration numbers are not
required for management of wastes under the jurisdiction of the RRC
at facilities authorized by the TCEQ under Chapter 334, Subchapter
K of this title.
(3) Processing, treatment, and disposal of wastes under
RRC jurisdiction at facilities authorized by the TCEQ.
(A) As provided in this paragraph, waste materials
subject to the jurisdiction of the RRC may be managed at solid waste
facilities under the jurisdiction of the TCEQ once alternatives for
recycling and source reduction have been explored. The RRC must specifically
authorize management of wastes under its jurisdiction at facilities
regulated by the TCEQ. The RRC may grant such authorizations by rule,
or on an individual basis through permits or other written authorizations.
In addition, except as provided in subparagraph (B) of this paragraph,
the concurrence of the TCEQ is required to manage "special waste"
under the jurisdiction of the RRC at a facility regulated by the TCEQ.
The TCEQ's concurrence may be subject to specified conditions.
(B) A facility under the jurisdiction of the TCEQ may
accept, without further individual concurrence, waste under the jurisdiction
of the RRC if that facility is permitted or otherwise authorized to
accept that particular type of waste. The phrase "that type of waste"
does not specifically refer to waste under the jurisdiction of the
RRC, but rather to the waste's physical and chemical characteristics.
Management and disposal of waste under the jurisdiction of the RRC
is subject to TCEQ's rules governing both special waste and industrial
waste.
Cont'd... |
