|(a) A permit for on-lease commercial solid oil and
gas waste recycling issued pursuant to this division shall contain
requirements the Commission determines to be reasonably necessary
to ensure that:
(1) only wastes and other materials authorized by the
permit generated on-lease, including requirements that the permittee
test incoming oil and gas waste and keep records of amounts of wastes;
(2) the processing operation and resulting recyclable
product meet the environmental and engineering standards established
in the permit.
(b) A permit for on-lease commercial solid oil and
gas waste recycling issued under this division may require the permittee
to perform a trial run in accordance with the following procedure.
(1) The permittee shall notify the Commission district
office for the county in which the facility is located prior to commencement
of the trial run.
(2) The permittee shall sample and analyze the partially
treated waste that results from the trial run, and submit to the director
for review a report of the results of the trial run prior to commencing
(3) The permittee shall demonstrate the ability to
successfully process a 1,000 cubic yard batch of solid oil and gas
(A) The Oil and Gas Division in Austin and the appropriate
District Office must be notified in writing at least 72 hours before
waste processing begins.
(B) Samples of the partially treated waste shall be
collected from every 200 cubic yards of an 800 cubic yard batch and
analyzed for wetting and drying durability by ASTM D 559-96, modified
to provide that samples are compacted and molded from finished partially
treated waste. The total weight loss after 12 cycles may not exceed
(C) A written report of the trial run shall be submitted
to the Oil and Gas Division in Austin and the appropriate district
office within 60 days of receipt of the analyses required in this
section. The following information must be included:
(i) the actual volume of waste material processed;
(ii) the volume of stabilization material used;
(iii) copies of all lab analyses required by this section;
(iv) the results of the analysis required under subparagraph
(B) of this paragraph.
(D) The final processed material must meet the limitations
of this section.
(4) The director shall approve the trial run if the
report demonstrates that the recyclable product meets or exceeds the
environmental and engineering standards established in the permit.
(5) The permittee shall not use the recyclable product
until the director approves the trial run report.
(c) A permit for on-lease commercial solid oil and
gas waste recycling issued pursuant to this division shall include
any requirements, including limits on the volumes of oil and gas waste,
partially treated waste, and recyclable product stored at the site,
that the Commission determines to be reasonably necessary to ensure
that the permittee does not accumulate oil and gas waste, partially
treated waste, and/or recyclable product at the facility without actually
processing the oil and gas waste and putting the recyclable product
to legitimate commercial use.
(d) Excess rainwater collected within a bermed area
shall be removed and disposed of in an authorized manner.
(e) Appropriate measures shall be taken to control
dust at all times.
(f) Processed material meeting or exceeding process
control parameters listed in §4.222(d) of this title (relating
to Minimum Permit Provisions for Monitoring) is suitable for use on
lease roads, drilling pads, tank batteries, compressor station pads,
and county roads.