Current through Reg. 49, No. 12; March 22, 2024
(a) The
following words and terms when used in this section shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Basic sediment pit--Pit used in
conjunction with a tank battery for storage of basic sediment removed from a
production vessel or from the bottom of an oil storage tank. Basic sediment
pits were formerly referred to as burn pits.
(2) Brine pit--Pit used for storage of brine
which is used to displace hydrocarbons from an underground hydrocarbon storage
facility.
(3) Collecting pit--Pit
used for storage of saltwater or other oil and gas wastes prior to disposal at
a disposal well or fluid injection well. In some cases, one pit is both a
collecting pit and a skimming pit.
(4) Completion/workover pit--Pit used for
storage or disposal of spent completion fluids, workover fluids and drilling
fluid, silt, debris, water, brine, oil scum, paraffin, or other materials which
have been cleaned out of the wellbore of a well being completed or worked
over.
(5) Drilling fluid disposal
pit--Pit, other than a reserve pit, used for disposal of spent drilling
fluid.
(6) Drilling fluid storage
pit--Pit used for storage of drilling fluid which is not currently being used
but which will be used in future drilling operations. Drilling fluid storage
pits are often centrally located among several leases.
(7) Emergency saltwater storage pit--Pit used
for storage of produced saltwater for limited period of time. Use of the pit is
necessitated by a temporary shutdown of disposal well or fluid injection well
and/or associated equipment, by temporary overflow of saltwater storage tanks
on a producing lease or by a producing well loading up with formation fluids
such that the well may die. Emergency saltwater storage pits may sometimes be
referred to as emergency pits or blowdown pits.
(8) Flare pit--Pit which contains a flare and
which is used for temporary storage of liquid hydrocarbons which are sent to
the flare during equipment malfunction but which are not burned. A flare pit is
used in conjunction with a gasoline plant, natural gas processing plant,
pressure maintenance or repressurizing plant, tank battery, or a
well.
(9) Fresh makeup water
pit--Pit used in conjunction with a drilling rig for storage of fresh water
used to make up drilling fluid or hydraulic fracturing fluid.
(10) Gas plant evaporation/retention pit--Pit
used for storage or disposal of cooling tower blowdown, water condensed from
natural gas, and other wastewater generated at gasoline plants, natural gas
processing plants, or pressure maintenance or repressurizing plants.
(11) Mud circulation pit--Pit used in
conjunction with drilling rig for storage of drilling fluid currently being
used in drilling operations.
(12)
Reserve pit--Pit used in conjunction with drilling rig for collecting spent
drilling fluids; cuttings, sands, and silts; and wash water used for cleaning
drill pipe and other equipment at the well site. Reserve pits are sometimes
referred to as slush pits or mud pits.
(13) Saltwater disposal pit--Pit used for
disposal of produced saltwater.
(14) Skimming pit--Pit used for skimming oil
off saltwater prior to disposal of saltwater at a disposal well or fluid
injection well.
(15) Washout
pit--Pit located at a truck yard, tank yard, or disposal facility for storage
or disposal of oil and gas waste residue washed out of trucks, mobile tanks, or
skid-mounted tanks.
(16) Water
condensate pit--Pit used in conjunction with a gas pipeline drip or gas
compressor station for storage or disposal of fresh water condensed from
natural gas.
(17) Generator--Person
who generates oil and gas wastes.
(18) Carrier--Person who transports oil and
gas wastes generated by a generator. A carrier of another person's oil and gas
wastes may be a generator of his own oil and gas wastes.
(19) Receiver--Person who stores, handles,
treats, reclaims, or disposes of oil and gas wastes generated by a generator. A
receiver of another person's oil and gas wastes may be a generator of his own
oil and gas wastes.
(20)
Director--Director of the Oil and Gas Division or his staff delegate designated
in writing by the director of the Oil and Gas Division or the
commission.
(21) Person--Natural
person, corporation, organization, government or governmental subdivision or
agency, business trust, estate, trust, partnership, association, or any other
legal entity.
(22) Affected
person--Person who, as a result of the activity sought to be permitted, has
suffered or may suffer actual injury or economic damage other than as a member
of the general public.
(23) To
dewater--To remove the free water.
(24) To dispose--To engage in any act of
disposal subject to regulation by the commission including, but not limited to,
conducting, draining, discharging, emitting, throwing, releasing, depositing,
burying, landfarming, or allowing to seep, or to cause or allow any such act of
disposal.
(25) Landfarming--A waste
management practice in which oil and gas wastes are mixed with or applied to
the land surface in such a manner that the waste will not migrate off the
landfarmed area.
(26) Oil and gas
wastes--Materials to be disposed of or reclaimed which have been generated in
connection with activities associated with the exploration, development, and
production of oil or gas or geothermal resources, as those activities are
defined in paragraph (30) of this subsection, and materials to be disposed of
or reclaimed which have been generated in connection with activities associated
with the solution mining of brine. The term "oil and gas wastes" includes, but
is not limited to, saltwater, other mineralized water, sludge, spent drilling
fluids, cuttings, waste oil, spent completion fluids, and other liquid,
semiliquid, or solid waste material. The term "oil and gas wastes" includes
waste generated in connection with activities associated with gasoline plants,
natural gas or natural gas liquids processing plants, pressure maintenance
plants, or repressurizing plants unless that waste is a hazardous waste as
defined by the administrator of the United States Environmental Protection
Agency pursuant to the federal Solid Waste Disposal Act, as amended
(42 United States Code
§6901 et seq.).
(27) Oil field fluids--Fluids to be used or
reused in connection with activities associated with the exploration,
development, and production of oil or gas or geothermal resources, fluids to be
used or reused in connection with activities associated with the solution
mining of brine, and mined brine. The term "oil field fluids" includes, but is
not limited to, drilling fluids, completion fluids, surfactants, and chemicals
used to detoxify oil and gas wastes.
(28) Pollution of surface or subsurface
water--The alteration of the physical, thermal, chemical, or biological quality
of, or the contamination of, any surface or subsurface water in the state that
renders the water harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to public health, safety, or welfare, or impairs
the usefulness or the public enjoyment of the water for any lawful or
reasonable purpose.
(29) Surface or
subsurface water--Groundwater, percolating or otherwise, and lakes, bays,
ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of
the state, and all other bodies of surface water, natural or artificial, inland
or coastal, fresh or salt, navigable or nonnavigable, and including the beds
and banks of all watercourses and bodies of surface water, that are wholly or
partially inside or bordering the state or inside the jurisdiction of the
state.
(30) Activities associated
with the exploration, development, and production of oil or gas or geothermal
resources--Activities associated with:
(A)
the drilling of exploratory wells, oil wells, gas wells, or geothermal resource
wells;
(B) the production of oil or
gas or geothermal resources, including:
(i)
activities associated with the drilling of injection water source wells that
penetrate the base of usable quality water;
(ii) activities associated with the drilling
of cathodic protection holes associated with the cathodic protection of wells
and pipelines subject to the jurisdiction of the commission to regulate the
production of oil or gas or geothermal resources;
(iii) activities associated with gasoline
plants, natural gas or natural gas liquids processing plants, pressure
maintenance plants, or repressurizing plants;
(iv) activities associated with any
underground natural gas storage facility, provided the terms "natural gas" and
"storage facility" shall have the meanings set out in the Texas Natural
Resources Code, §
RSA
91.173;
(v) activities associated with any
underground hydrocarbon storage facility, provided the terms "hydrocarbons" and
"underground hydrocarbon storage facility" shall have the meanings set out in
the Texas Natural Resources Code, §
RSA
91.201; and
(vi) activities associated with the storage,
handling, reclamation, gathering, transportation, or distribution of oil or gas
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;
(C) the operation, abandonment,
and proper plugging of wells subject to the jurisdiction of the commission to
regulate the exploration, development, and production of oil or gas or
geothermal resources; and
(D) the
discharge, storage, handling, transportation, reclamation, or disposal of waste
or any other substance or material associated with any activity listed in
subparagraphs (A) - (C) of this paragraph, except for waste generated in
connection with activities associated with gasoline plants, natural gas or
natural gas liquids processing plants, pressure maintenance plants, or
repressurizing plants if that waste is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency pursuant to
the federal Solid Waste Disposal Act, as amended (42 United States
Code §6901, et seq.).
(31) Mined brine--Brine produced
from a brine mining injection well by solution of subsurface salt formations.
The term "mined brine" does not include saltwater produced incidentally to the
exploration, development, and production of oil or gas or geothermal
resources.
(32) Brine mining
pit--Pit, other than a fresh mining water pit, used in connection with
activities associated with the solution mining of brine. Most brine mining pits
are used to store mined brine.
(33)
Fresh mining water pit--Pit used in conjunction with a brine mining injection
well for storage of water used for solution mining of brine.
(34) Inert wastes--Nonreactive, nontoxic, and
essentially insoluble oil and gas wastes, including, but not limited to,
concrete, glass, wood, metal, wire, plastic, fiberglass, and trash.
(35) Coastal zone--The area within the
boundary established in Title 31, Texas Administrative Code,
§503.1(Coastal Management Program Boundary).
(36) Coastal management program (CMP)
rules--The enforceable rules of the Texas Coastal Management Program codified
at Title 31, Texas Administrative Code, Chapters 501, 505, and 506.
(37) Coastal natural resource area
(CNRA)--One of the following areas defined in Texas Natural Resources Code,
§
RSA
33.203: coastal barriers, coastal historic
areas, coastal preserves, coastal shore areas, coastal wetlands, critical dune
areas, critical erosion areas, gulf beaches, hard substrate reefs, oyster
reefs, submerged land, special hazard areas, submerged aquatic vegetation,
tidal sand or mud flats, water in the open Gulf of Mexico, and water under
tidal influence.
(38) Coastal
waters--Waters under tidal influence and waters of the open Gulf of
Mexico.
(39) Critical area--A
coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic
vegetation, or a tidal sand or mud flat as defined in Texas Natural Resources
Code, §
RSA
33.203.
(40) Practicable--Available and capable of
being done after taking into consideration existing technology, cost, and
logistics in light of the overall purpose of the activity.
(41) Non-commercial fluid recycling--The
recycling of fluid produced from an oil or gas well, including produced
formation fluid, workover fluid, and completion fluid, including fluids
produced from the hydraulic fracturing process on an existing
commission-designated lease or drilling unit associated with a
commission-issued drilling permit or upon land leased or owned by the operator
for the purposes of operation of a non-commercial disposal well operated
pursuant to a permit issued under §
RSA 3.9
of this title (relating to Disposal Wells) or a non-commercial injection well
operated pursuant to a permit issued under §
RSA
3.46 of this title (relating to Fluid
Injection into Productive Reservoirs), where the operator of the lease, or
drilling unit, or non-commercial disposal or injection well treats or contracts
with a person for the treatment of the fluid, and may accept such fluid from
other leases and or operators.
(42)
Non-commercial fluid recycling pit--Pit used in conjunction with one or more
oil or gas leases or units that is constructed, maintained, and operated by the
operator of record of the lease or unit and is located on an existing
commission-designated lease or drilling unit associated with a
commission-issued drilling permit, or upon land leased or owned by the operator
for the purposes of operation of a non-commercial disposal well operated
pursuant to a permit issued under §
RSA 3.9
of this title or a non-commercial injection well operated pursuant to a permit
issued under §
RSA
3.46 of this title, for the storage of fluid
for the purpose of non-commercial fluid recycling or for the storage of treated
fluid.
(43) Recycle--To process
and/or use or re-use oil and gas wastes as a product for which there is a
legitimate commercial use and the actual use of the recyclable product.
'Recycle,' as defined in this subsection, does not include injection pursuant
to a permit issued under §
RSA
3.46 of this title.
(44) Treated fluid-Fluid that has been
treated using water treatment technologies to remove impurities such that the
treated fluid can be reused or recycled. Treated fluid is not a waste but may
become a waste if it is abandoned or disposed of rather than reused or
recycled.
(45) Recyclable
product--A reusable material as defined in §
RSA
4.204<subdiv>(12)</subdiv> of
this title (relating to Definitions).
(46) 100-year flood plain--An area that is
inundated by a 100-year flood, which is a flood that has a one percent or
greater chance of occurring in any given year, as determined from maps or other
data from the Federal Emergency Management Administration (FEMA), or, if not
mapped by FEMA, from the United States Department of Agriculture soil
maps.
(47) Distilled water--Water
that has been purified by being heated to a vapor form and then condensed into
another container as liquid water that is essentially free of all
solutes.
(d)
Pollution control.
(1) Prohibited disposal
methods. Except for those disposal methods authorized for certain wastes by
paragraph (3) of this subsection, subsection (e) of this section, or §
RSA
3.98 of this title (relating to Standards for
Management of Hazardous Oil and Gas Waste), or disposal methods required to be
permitted pursuant to §
RSA 3.9
of this title (relating to Disposal Wells) (Rule 9) or §
RSA
3.46 of this title (relating to Fluid
Injection into Productive Reservoirs) (Rule 46), no person may dispose of any
oil and gas wastes by any method without obtaining a permit to dispose of such
wastes. The disposal methods prohibited by this paragraph include, but are not
limited to, the unpermitted discharge of oil field brines, geothermal resource
waters, or other mineralized waters, or drilling fluids into any watercourse or
drainageway, including any drainage ditch, dry creek, flowing creek, river, or
any other body of surface water.
(2) Prohibited pits. No person may maintain
or use any pit for storage of oil or oil products. Except as authorized by this
subsection, no person may maintain or use any pit for storage of oil field
fluids, or for storage or disposal of oil and gas wastes, without obtaining a
permit to maintain or use the pit. A person is not required to have a permit to
use a pit if a receiver has such a permit, if the person complies with the
terms of such permit while using the pit, and if the person has permission of
the receiver to use the pit. The pits required by this paragraph to be
permitted include, but are not limited to, the following types of pits:
saltwater disposal pits; emergency saltwater storage pits; collecting pits;
skimming pits; brine pits; brine mining pits; drilling fluid storage pits
(other than mud circulation pits); drilling fluid disposal pits (other than
reserve pits or slush pits); washout pits; and gas plant evaporation/retention
pits. If a person maintains or uses a pit for storage of oil field fluids, or
for storage or disposal of oil and gas wastes, and the use or maintenance of
the pit is neither authorized by this subsection nor permitted, then the person
maintaining or using the pit shall backfill and compact the pit in the time and
manner required by the director. Prior to backfilling the pit, the person
maintaining or using the pit shall, in a permitted manner or in a manner
authorized by paragraph (3) of this subsection, dispose of all oil and gas
wastes which are in the pit.
(3)
Authorized disposal methods.
(A) Fresh water
condensate. A person may, without a permit, dispose of fresh water which has
been condensed from natural gas and collected at gas pipeline drips or gas
compressor stations, provided the disposal is by a method other than disposal
into surface water of the state.
(B) Inert wastes. A person may, without a
permit, dispose of inert and essentially insoluble oil and gas wastes
including, but not limited to, concrete, glass, wood, and wire, provided the
disposal is by a method other than disposal into surface water of the
state.
(C) Low chloride drilling
fluid. A person may, without a permit, dispose of the following oil and gas
wastes by landfarming, provided the wastes are disposed of on the same lease
where they are generated, and provided the person has the written permission of
the surface owner of the tract where landfarming will occur: water base
drilling fluids with a chloride concentration of 3,000 milligrams per liter
(mg/liter) or less; drill cuttings, sands, and silts obtained while using water
base drilling fluids with a chloride concentration of 3,000 mg/liter or less;
and wash water used for cleaning drill pipe and other equipment at the well
site.
(D) Other drilling fluid. A
person may, without a permit, dispose of the following oil and gas wastes by
burial, provided the wastes are disposed of at the same well site where they
are generated: water base drilling fluid which had a chloride concentration in
excess of 3,000 mg/liter but which have been dewatered; drill cuttings, sands,
and silts obtained while using oil base drilling fluids or water base drilling
fluids with a chloride concentration in excess of 3,000 mg/liter; and those
drilling fluids and wastes allowed to be landfarmed without a permit.
(E) Completion/workover pit wastes. A person
may, without a permit, dispose of the following oil and gas wastes by burial in
a completion/workover pit, provided the wastes have been dewatered, and
provided the wastes are disposed of at the same well site where they are
generated: spent completion fluids, workover fluids, and the materials cleaned
out of the wellbore of a well being completed or worked over.
(F) Contents of non-commercial fluid
recycling pit. A person may, without a permit, dispose of the solids from a
non-commercial fluid recycling pit by burial in the pit, provided the pit has
been dewatered.
(G) Effect on
backfilling. A person's choice to dispose of a waste by methods authorized by
this paragraph shall not extend the time allowed for backfilling any reserve
pit, mud circulation pit, or completion/workover pit whose use or maintenance
is authorized by paragraph (4) of this subsection.
(4) Authorized pits. A person may, without a
permit, maintain or use reserve pits, mud circulation pits, completion/workover
pits, basic sediment pits, flare pits, fresh makeup water pits, fresh mining
water pits, non-commercial fluid recycling pits, and water condensate pits on
the following conditions.
(A) Reserve pits
and mud circulation pits. A person shall not deposit or cause to be deposited
into a reserve pit or mud circulation pit any oil field fluids or oil and gas
wastes, other than the following:
(i)
drilling fluids, whether fresh water base, saltwater base, or oil
base;
(ii) drill cuttings, sands,
and silts separated from the circulating drilling fluids;
(iii) wash water used for cleaning drill pipe
and other equipment at the well site;
(iv) drill stem test fluids; and
(v) blowout preventer test fluids.
(B) Completion/workover pits. A
person shall not deposit or cause to be deposited into a completion/workover
pit any oil field fluids or oil and gas wastes other than spent completion
fluids, workover fluid, and the materials cleaned out of the wellbore of a well
being completed or worked over.
(C)
Basic sediment pits. A person shall not deposit or cause to be deposited into a
basic sediment pit any oil field fluids or oil and gas wastes other than basic
sediment removed from a production vessel or from the bottom of an oil storage
tank. Although a person may store basic sediment in a basic sediment pit, a
person may not deposit oil or free saltwater in the pit. The total capacity of
a basic sediment pit shall not exceed a capacity of 50 barrels. The area
covered by a basic sediment pit shall not exceed 250 square feet.
(D) Flare pits. A person shall not deposit or
cause to be deposited into a flare pit any oil field fluids or oil and gas
wastes other than the hydrocarbons designed to go to the flare during upset
conditions at the well, tank battery, or gas plant where the pit is located. A
person shall not store liquid hydrocarbons in a flare pit for more than 48
hours at a time.
(E) Fresh makeup
water pits and fresh mining water pits. A person shall not deposit or cause to
be deposited into a fresh makeup water pit any oil and gas wastes or any oil
field fluids other than fresh water used to make up drilling fluid or hydraulic
fracturing fluid. A person shall not deposit or cause to be deposited into a
fresh mining water pit any oil and gas wastes or any oil field fluids other
than water used for solution mining of brine.
(F) Water condensate pits. A person shall not
deposit or cause to be deposited into a water condensate pit any oil field
fluids or oil and gas wastes other than fresh water condensed from natural gas
and collected at gas pipeline drips or gas compressor stations.
(G) Non-commercial fluid recycling pits.
(i) A person shall not deposit or cause to be
deposited into a non-commercial fluid recycling pit any oil field fluids or oil
and gas wastes other than those fluids described in subsection (a)(42) of this
section.
(ii) All pits shall be
sufficiently large to ensure adequate storage capacity and freeboard taking
into account anticipated precipitation.
(iii) All pits shall be designed to prevent
stormwater runoff from entering the pit. If a pit is constructed with a dike or
berm, the height, slope, and construction material of such dike or berm shall
be such that it is structurally sound and does not allow seepage.
(iv) A freeboard of at least two feet shall
be maintained at all times.
(v) All
pits shall be lined. The liner shall be designed, constructed, and installed to
prevent any migration of materials from the pit into adjacent subsurface soils,
ground water, or surface water at any time during the life of the pit. The
liner shall be installed according to standard industry practices, shall be
constructed of materials that have sufficient chemical and physical properties,
including thickness, to prevent failure during the expected life of the pit.
All liners shall have a hydraulic conductivity that is 1.0 x
10-7 cm/sec or less. A liner may be constructed of
either natural or synthetic materials.
(I)
Procedures shall be in place to routinely monitor the integrity of the liner of
pit. If liner failure is discovered at any time, the pit shall be emptied and
the liner repaired prior to placing the pit back in service. Acceptable
monitoring procedures include an annual visual inspection of the pit liner or
the installation of a double liner and leak detection system. Alternative
monitoring procedures may be approved by the director if the operator
demonstrates that the alternative is at least equivalent in the protection of
surface and subsurface water as the provisions of this section.
(II) The liner of a pit with a single liner
shall be inspected annually to ensure that the liner has not failed. This
inspection shall be completed by emptying the pit and visually inspecting the
liner.
(III) If the operator does
not propose to empty the pit and inspect the pit liner on at least an annual
basis, the operator shall install a double liner and leak detection system. A
leak detection system shall be installed between a primary and secondary liner.
The leak detection system must be monitored on a monthly basis to determine if
the primary liner has failed. The primary liner has failed if the volume of
water passing through the primary liner exceeds the action leakage rate, as
calculated using accepted procedures, or 1,000 gallons per acre per day,
whichever is larger.
(IV) The
operator of the pit shall keep records to demonstrate compliance with the pit
liner integrity requirements and shall make the records available to commission
personnel upon request.
(vi) The operator of the pit shall provide
written notification to the district director prior to construction of the pit,
or prior to the use of an existing pit as a non-commercial fluid recycling pit.
Such notification shall include:
(I) the
location of the pit including the lease name and number or drilling permit
number and the latitude and longitude;
(II) the dimensions and maximum capacity of
the pit; and
(III) a signed
statement that the operator has written permission from the surface owner of
the tract upon which the pit is located for construction and use of the pit for
such purpose.
(vii)
Equipment, machinery, waste, or other materials that could reasonably be
expected to puncture, tear, or otherwise compromise the integrity of the liner
shall not be used or placed in lined pits.
(viii) The pit shall be inspected
periodically by the operator for compliance with the applicable provisions of
this section.
(H)
Backfill requirements.
(i) A person who
maintains or uses a reserve pit, mud circulation pit, fresh makeup water pit,
fresh mining water pit, completion/workover pit, basic sediment pit, flare pit,
non-commercial fluid recycling pit, or water condensate pit shall dewater,
backfill, and compact the pit according to the following schedule.
(I) Reserve pits and mud circulation pits
which contain fluids with a chloride concentration of 6,100 mg/liter or less
and fresh makeup water pits shall be dewatered, backfilled, and compacted
within one year of cessation of drilling operations.
(II) Reserve pits and mud circulation pits
which contain fluids with a chloride concentration in excess of 6,100 mg/liter
shall be dewatered within 30 days and backfilled and compacted within one year
of cessation of drilling operations.
(III) All completion/workover pits used when
completing a well shall be dewatered within 30 days and backfilled and
compacted within 120 days of well completion. All completion/workover pits used
when working over a well shall be dewatered within 30 days and backfilled and
compacted within 120 days of completion of workover operations.
(IV) Basic sediment pits, flare pits, fresh
mining water pits, non-commercial fluid recycling pits, and water condensate
pits shall be dewatered, backfilled, and compacted within 120 days of final
cessation of use of the pits.
(V)
If a person constructs a sectioned reserve pit, each section of the pit shall
be considered a separate pit for determining when a particular section should
be dewatered.
(ii) A
person who maintains or uses a reserve pit, mud circulation pit, fresh makeup
water pit, non-commercial fluid recycling pit, or completion/workover pit shall
remain responsible for dewatering, backfilling, and compacting the pit within
the time prescribed by clause (i) of this subparagraph, even if the time
allowed for backfilling the pit extends beyond the expiration date or transfer
date of the lease covering the land where the pit is located.
(iii) The director may require that a person
who uses or maintains a reserve pit, mud circulation pit, fresh makeup water
pit, fresh mining water pit, completion/workover pit, basic sediment pit, flare
pit, non-commercial fluid recycling pit, or water condensate pit backfill the
pit sooner than the time prescribed by clause (i) of this subparagraph if the
director determines that oil and gas wastes or oil field fluids are likely to
escape from the pit or that the pit is being used for improper storage or
disposal of oil and gas wastes or oil field fluids.
(iv) Prior to backfilling any reserve pit,
mud circulation pit, completion/workover pit, basic sediment pit, flare pit,
non-commercial fluid recycling pit, or water condensate pit whose use or
maintenance is authorized by this paragraph, the person maintaining or using
the pit shall, in a permitted manner or in a manner authorized by paragraph (3)
of this subsection, dispose of all oil and gas wastes which are in the pit.
(I) Unless otherwise approved by the district
director after a showing that the fluids will be confined in the pit at all
times, all authorized pits shall be constructed, used, operated, and maintained
at all times outside of a 100-year flood plain as that term is defined in
subsection (a) of this section. The operator may request a hearing if the
district director denies approval of the request to construct a pit within a
100-year flood plain.
(II) In the
event of an unauthorized discharge from any pit authorized by this paragraph,
the operator shall take any measures necessary to stop or control the discharge
and report the discharge to the district office as soon as possible.
(5)
Responsibility for disposal.
(A) Permit
required. No generator or receiver may knowingly utilize the services of a
carrier to transport oil and gas wastes if the carrier is required by this rule
to have a permit to transport such wastes but does not have such a permit. No
carrier may knowingly utilize the services of a second carrier to transport oil
and gas wastes if the second carrier is required by this rule to have a permit
to transport such wastes but does not have such a permit. No generator or
carrier may knowingly utilize the services of a receiver to store, handle,
treat, reclaim, or dispose of oil and gas wastes if the receiver is required by
statute or commission rule to have a permit to store, handle, treat, reclaim,
or dispose of such wastes but does not have such a permit. No receiver may
knowingly utilize the services of a second receiver to store, handle, treat,
reclaim, or dispose of oil and gas wastes if the second receiver is required by
statute or commission rule to have a permit to store, handle, treat, reclaim,
or dispose of such wastes but does not have such a permit. Any person who plans
to utilize the services of a carrier or receiver is under a duty to determine
that the carrier or receiver has all permits required by the Oil and Gas
Division to transport, store, handle, treat, reclaim, or dispose of oil and gas
wastes.
(B) Improper disposal
prohibited. No generator, carrier, receiver, or any other person may improperly
dispose of oil and gas wastes or cause or allow the improper disposal of oil
and gas wastes. A generator causes or allows the improper disposal of oil and
gas wastes if:
(i) the generator utilizes the
services of a carrier or receiver who improperly disposes of the wastes;
and
(ii) the generator knew or
reasonably should have known that the carrier or receiver was likely to
improperly dispose of the wastes and failed to take reasonable steps to prevent
the improper disposal.
(6) Permits.
(A) Standards for permit issuance. A permit
to maintain or use a pit for storage of oil field fluids or oil and gas wastes
may only be issued if the commission determines that the maintenance or use of
such pit will not result in the waste of oil, gas, or geothermal resources or
the pollution of surface or subsurface waters. A permit to dispose of oil and
gas wastes by any method, including disposal into a pit, may only be issued if
the commission determines that the disposal will not result in the waste of
oil, gas, or geothermal resources or the pollution of surface or subsurface
water. A permit to maintain or use any unlined brine mining pit or any unlined
pit, other than an emergency saltwater storage pit, for storage or disposal of
oil field brines, geothermal resource waters, or other mineralized waters may
only be issued if the commission determines that the applicant has conclusively
shown that use of the pit cannot cause pollution of surrounding productive
agricultural land nor pollution of surface or subsurface water, either because
there is no surface or subsurface water in the area of the pit, or because the
surface or subsurface water in the area of the pit would be physically isolated
by naturally occurring impervious barriers from any oil and gas wastes which
might escape or migrate from the pit. Permits issued pursuant to this paragraph
will contain conditions reasonably necessary to prevent the waste of oil, gas,
or geothermal resources and the pollution of surface and subsurface waters. A
permit to maintain or use a pit will state the conditions under which the pit
may be operated, including the conditions under which the permittee shall be
required to dewater, backfill, and compact the pit. Any permits issued pursuant
to this paragraph may contain requirements concerning the design and
construction of pits and disposal facilities, including requirements relating
to pit construction materials, dike design, liner material, liner thickness,
procedures for installing liners, schedules for inspecting and/or replacing
liners, overflow warning devices, leak detection devices, and fences. However,
a permit to maintain or use any lined brine mining pit or any lined pit for
storage or disposal of oil field brines, geothermal resource waters, or other
mineralized waters will contain requirements relating to liner material, liner
thickness, procedures for installing liners, and schedules for inspecting
and/or replacing liners.
(B)
Application. An application for a permit to maintain or use a pit or to dispose
of oil and gas wastes shall be filed with the commission in Austin. The
applicant shall mail or deliver a copy of the application to the appropriate
district office on the same day the original application is mailed or delivered
to the commission in Austin. A permit application shall be considered filed
with the commission on the date it is received by the commission in Austin.
When a commission-prescribed application form exists, an applicant shall make
application on the prescribed form according to the instructions on such form.
The director may require the applicant to provide the commission with
engineering, geological, or other information which the director deems
necessary to show that issuance of the permit will not result in the waste of
oil, gas, or geothermal resources or the pollution of surface or subsurface
water.
(C) Notice. The applicant
shall give notice of the permit application to the surface owners of the tract
upon which the pit will be located or upon which the disposal will take place.
When the tract upon which the pit will be located or upon which the disposal
will take place lies within the corporate limits of an incorporated city, town,
or village, the applicant shall also give notice to the city clerk or other
appropriate official. Where disposal is to be by discharge into a watercourse
other than the Gulf of Mexico or a bay, the applicant shall also give notice to
the surface owners of each waterfront tract between the discharge point and 1/2
mile downstream of the discharge point except for those waterfront tracts
within the corporate limits of an incorporated city, town, or village. When one
or more waterfront tracts within 1/2 mile of the discharge point lie within the
corporate limits of an incorporated city, town, or village, the applicant shall
give notice to the city clerk or other appropriate official. Notice of the
permit application shall consist of a copy of the application together with a
statement that any protest to the application should be filed with the
commission within 15 days of the date the application is filed with the
commission. The applicant shall mail or deliver the required notice to the
surface owners and the city clerk or other appropriate official on or before
the date the application is mailed or delivered to the commission in Austin.
If, in connection with a particular application, the director determines that
another class of persons, such as offset operators, adjacent surface owners, or
an appropriate river authority, should receive notice of the application, the
director may require the applicant to mail or deliver notice to members of that
class. If the director determines that, after diligent efforts, the applicant
has been unable to ascertain the name and address of one or more persons
required by this subparagraph to be notified, then the director may authorize
the applicant to notify such persons by publishing notice of the application.
The director shall determine the form of the notice to be published. The notice
shall be published once each week for two consecutive weeks by the applicant in
a newspaper of general circulation in the county where the pit will be located
or the disposal will take place. The applicant shall file proof of publication
with the commission in Austin. The director will consider the applicant to have
made diligent efforts to ascertain the names and addresses of surface owners
required by this subparagraph to be notified if the applicant has examined the
current county tax rolls and investigated other reliable and readily available
sources of information.
(D)
Protests and hearings. If a protest from an affected person is made to the
commission within 15 days of the date the application is filed, then a hearing
shall be held on the application after the applicant requests a hearing. If the
director has reason to believe that a person entitled to notice of an
application has not received such notice within 15 days of the date an
application is filed with the commission, then the director shall not take
action on the application until reasonable efforts have been made to give such
person notice of the application and an opportunity to file a protest to the
application. If the director determines that a hearing is in the public
interest, a hearing shall be held. A hearing on an application shall be held
after the commission provides notice of hearing to all affected persons, or
other persons or governmental entities who express an interest in the
application in writing. If no protest from an affected person is received by
the commission, the director may administratively approve the application. If
the director denies administrative approval, the applicant shall have a right
to a hearing upon request. After hearing, the hearings examiner shall recommend
a final action by the commission.
(E) Modification, suspension, and
termination. A permit granted pursuant to this subsection, may be modified,
suspended, or terminated by the commission for good cause after notice and
opportunity for hearing. A finding of any of the following facts shall
constitute good cause:
(i) pollution of
surface or subsurface water is occurring or is likely to occur as a result of
the permitted operations;
(ii)
waste of oil, gas, or geothermal resources is occurring or is likely to occur
as a result of the permitted operations;
(iii) the permittee has violated the terms
and conditions of the permit or commission rules;
(iv) the permittee misrepresented any
material fact during the permit issuance process;
(v) the permittee failed to give the notice
required by the commission during the permit issuance process;
(vi) a material change of conditions has
occurred in the permitted operations, or the information provided in the
application has changed materially.
(F) Emergency permits. If the director
determines that expeditious issuance of the permit will prevent or is likely to
prevent the waste of oil, gas, or geothermal resources or the pollution of
surface or subsurface water, the director may issue an emergency permit. An
application for an emergency permit to use or maintain a pit or to dispose of
oil and gas wastes shall be filed with the commission in the appropriate
district office. Notice of the application is not required. If warranted by the
nature of the emergency, the director may issue an emergency permit based upon
a verbal application, or the director may verbally authorize an activity before
issuing a written permit authorizing that activity. An emergency permit is
valid for up to 30 days, but may be modified, suspended, or terminated by the
director at any time for good cause without notice and opportunity for hearing.
Except when the provisions of this subparagraph are to the contrary, the
issuance, denial, modification, suspension, or termination of an emergency
permit shall be governed by the provisions of subparagraphs (A) - (E) of this
paragraph.
(G) Minor permits. If
the director determines that an application is for a permit to store only a
minor amount of oil field fluids or to store or dispose of only a minor amount
of oil and gas waste, the director may issue a minor permit provided the permit
does not authorize an activity which results in waste of oil, gas, or
geothermal resources or pollution of surface or subsurface water. An
application for a minor permit shall be filed with the commission in the
appropriate district office. Notice of the application shall be given as
required by the director. The director may determine that notice of the
application is not required. A minor permit is valid for 60 days, but a minor
permit which is issued without notice of the application may be modified,
suspended, or terminated by the director at any time for good cause without
notice and opportunity for hearing. Except when the provisions of this
subparagraph are to the contrary, the issuance, denial, modification,
suspension, or termination of a minor permit shall be governed by the
provisions of subparagraphs (A) - (E) of this paragraph.
(7) Recycling.
(A) Prohibited recycling. Except for those
recycling methods authorized for certain wastes by subparagraph (B) of this
paragraph, no person may recycle any oil and gas wastes by any method without
obtaining a permit.
(B) Authorized
recycling.
(i) No permit is required if
treated fluid is recycled for use as makeup water for a hydraulic fracturing
fluid treatment(s), or as another type of oilfield fluid to be used in the
wellbore of an oil, gas, geothermal, or service well.
(ii) Treated fluid may be reused in any other
manner, other than discharge to waters of the state, without a permit from the
Commission, provided the reuse occurs pursuant to a permit issued by another
state or federal agency.
(iii) If
treatment of the fluid results in distilled water, no permit is required to use
the resulting distilled water in any manner other than discharge to waters of
the state.
(iv) Fluid that meets
the requirements of clause (i), (ii), or (iii) of this subparagraph is a
recyclable product.
(C)
Permitted recycling.
(i) Treated fluid may be
reused in any manner, other than the manner authorized by subparagraph (B) of
this paragraph, pursuant to a permit issued by the director on a case-by-case
basis, taking into account the source of the fluids, the anticipated
constituents of concern, the volume of fluids, the location, and the proposed
reuse of the treated fluids. Fluid that meets the requirements of a permit
issued under this clause is a recyclable product.
(ii) All commercial recycling requires the
commercial recycler of the oil and gas waste to obtain a permit in accordance
with Chapter 4, Subchapter B of this title (relating to Commercial
Recycling).
(8) Used oil. Used oil as defined in §
RSA
3.98 of this title, shall be managed in
accordance with the provisions of
RSA
279.
(e) Pollution prevention (reference Order
Number 20-59,200, effective May 1, 1969).
(1)
The operator shall not pollute the waters of the Texas offshore and adjacent
estuarine zones (saltwater bearing bays, inlets, and estuaries) or damage the
aquatic life therein.
(2) All oil,
gas, and geothermal resource well drilling and producing operations shall be
conducted in such a manner to preclude the pollution of the waters of the Texas
offshore and adjacent estuarine zones. Particularly, the following procedures
shall be utilized to prevent pollution.
(A)
The disposal of liquid waste material into the Texas offshore and adjacent
estuarine zones shall be limited to saltwater and other materials which have
been treated, when necessary, for the removal of constituents which may be
harmful to aquatic life or injurious to life or property.
(B) No oil or other hydrocarbons in any form
or combination with other materials or constituent shall be disposed of into
the Texas offshore and adjacent estuarine zones.
(C) All deck areas on drilling platforms,
barges, workover unit, and associated equipment both floating and stationary
subject to contamination shall be either curbed and connected by drain to a
collecting tank, sump, or enclosed drilling slot in which the containment will
be treated and disposed of without causing hazard or pollution; or else drip
pans, or their equivalent, shall be placed under any equipment which might
reasonably be considered a source from which pollutants may escape into
surrounding water. These drip pans must be piped to collecting tanks, sumps, or
enclosed drilling slots to prevent overflow or prevent pollution of the
surrounding water.
(D) Solid
combustible waste may be burned and the ashes may be disposed of into Texas
offshore and adjacent estuarine zones. Solid wastes such as cans, bottles, or
any form of trash must be transported to shore in appropriate containers.
Edible garbage, which may be consumed by aquatic life without harm, may be
disposed of into Texas offshore and adjacent estuarine zones.
(E) Drilling muds which contain oil shall be
transported to shore or a designated area for disposal. Only oil-free cutting
and fluids from mud systems may be disposed of into Texas offshore and adjacent
estuarine zones at or near the surface.
(F) Fluids produced from offshore wells shall
be mechanically contained in adequately pressure-controlled piping or vessels
from producing well to disposition point. Oil and water separation facilities
at offshore and onshore locations shall contain safeguards to prevent emission
of pollutants to the Texas offshore and adjacent estuarine zones prior to
proper treatment.
(G) All deck
areas on producing platforms subject to contamination shall be either curbed
and connected by drain to a collecting tank or sump in which the containment
will be treated and disposed of without causing hazard or pollution, or else
drip pans, or their equivalent, shall be placed under any equipment which might
reasonably be considered a source from which pollutants may escape into
surrounding water. These drip pans must be piped to collecting tanks or sumps
designed to accommodate all reasonably expected drainage. Satisfactory means
must be provided to empty the sumps to prevent overflow.
(H) Any person observing water pollution
shall report such sighting, noting size, material, location, and current
conditions to the ranking operating personnel. Immediate action or notification
shall be made to eliminate further pollution. The operator shall then transmit
the report to the appropriate commission district office.
(I) Immediate corrective action shall be
taken in all cases where pollution has occurred. An operator responsible for
the pollution shall remove immediately such oil, oil field waste, or other
pollution materials from the waters and the shoreline where it is found. Such
removal operations will be at the expense of the responsible
operator.
(3) The
commission may suspend producing and/or drilling operations from any facility
when it appears that the provisions of this rule are being violated.
(4) (Reference Order Number 20-60,214,
effective October 1, 1970.) The foregoing provisions of Rule 8(D) shall also be
required and enforced as to all oil, gas, or geothermal resource operations
conducted on the inland and fresh waters of the State of Texas, such as lakes,
rivers, and streams.