Current through Reg. 50, No. 13; March 28, 2025
(a) Applicability. The provisions of this
section apply only to activities that occur in the coastal zone and that are
subject to the Coastal Management Program (CMP) rules in 31 Texas
Administrative Code Chapters 26 through 29.
(1) Disposal of oil and gas waste in pits.
The following provisions apply to oil and gas waste disposal pits located in
the coastal zone.
(A) No commercial oil and
gas waste disposal pit constructed after October 25, 1995, shall be located in
any coastal natural resources area (CNRA).
(B) All oil and gas waste disposal pits shall
be designed to prevent releases of pollutants that adversely affect coastal
waters or critical areas.
(2) Development in critical areas. The
provisions of this paragraph apply to issuance under §401 of the federal
Clean Water Act, United States Code, Title 33, §1341, of certifications of
compliance with applicable water quality requirements for federal permits
authorizing development affecting critical areas. Prior to issuing any such
certification, the Commission shall confirm that the requirements of 31 Texas
Administrative Code §
26.23(a)(1) - (7)
(relating to Policies for Development in Critical Areas) have been satisfied.
The Commission shall coordinate its efforts under this section with those of
other appropriate state and federal agencies.
(3) Dredging and dredged material disposal
and placement. The provisions of this section apply to issuance under §401
of the federal Clean Water Act, United States Code, Title 33, §1341, of
certifications of compliance with applicable water quality requirements for
federal permits authorizing dredging and dredged material disposal and
placement in the coastal zone. Prior to issuing any such certification, the
Commission shall confirm that the requirements of 31 Texas Administrative Code
§
26.25 (relating to Policies for
Dredging and Dredged Material and Placement) have been satisfied.
(b) Consistency determinations.
The provisions of this subsection apply to issuance of determinations required
under 31 Texas Administrative Code §
29.30 (relating to Agency
Consistency Determination) for the following actions listed in 31 Texas
Administrative Code §
29.11(a)(3)
(relating to Actions and Rules Subject to the Coastal Management Program):
permits to dispose of oil and gas waste in a pit; and certifications of
compliance with applicable water quality requirements for federal permits for
development in critical areas and dredging and dredged material disposal and
placement in the coastal area.
(1) The
Commission shall issue consistency determinations under this subsection as an
element of the permitting process for permits to dispose of oil and gas waste
in a pit.
(2) Prior to issuance of
a permit or certification covered by this subsection, the Commission shall
determine if the proposed activity will have a direct and significant adverse
effect on any CNRA identified in the provisions of subsection (a) of this
section that are applicable to such activity.
(A) If the Commission determines that
issuance of a permit or a certification covered by this subsection would not
result in direct and significant adverse effects to any coastal natural
resource area (CNRA) identified in the provisions of subsection (a) of this
section that are applicable to the proposed activity, the Commission shall
issue a written determination of no direct and significant adverse effect which
shall read as follows: "The Railroad Commission has reviewed this proposed
action for consistency with the Coastal Management Program (CMP) goals and
policies, and has found that the proposed action will not have a direct and
significant adverse effect on any coastal natural resource area (CNRA)
identified in the applicable policies."
(B) If the Commission determines that
issuance of a permit or certification covered by this paragraph would result in
direct and significant adverse effects to a CNRA identified in the provisions
of subsection (a) of this section that are applicable to the proposed activity,
the Commission shall determine whether the proposed activity would meet the
applicable requirements of subsection (a) of this section.
(i) If the Commission determines that the
proposed activity would meet the applicable requirements of subsection (a) of
this section, the Commission shall issue a written consistency determination
which shall read as follows: "The Railroad Commission has reviewed this
proposed action for consistency with the Texas Coastal Management Program (CMP)
goals and policies, and has determined that the proposed action is consistent
with the applicable CMP goals and policies."
(ii) If the Commission determines that the
proposed activity would not meet the applicable requirements of subsection (a)
of this section, the Commission shall not issue the permit or certification.
(c) Thresholds for referral. Any Commission
action that is not identified in this subsection shall be deemed not to exceed
thresholds for referral for purposes of the CMP rules. Pursuant to 31 Texas
Administrative Code §
29.32 (relating to Requirements
for Referral of a Proposed Agency Action), the thresholds for referral of
consistency determinations issued by the Commission are as follows:
(1) for oil and gas waste disposal pits, any
permit to construct a pit occupying five acres or more of any CNRA that has
been mapped or that may be readily determined by a survey of the site;
(2) for certification of federal
permits for development in critical areas:
(A) in the bays and estuaries between Pass
Cavallo in Matagorda Bay and the border with the Republic of Mexico, any
certification of a federal permit authorizing disturbance of:
(i) ten acres or more of submerged aquatic
vegetation or tidal sand or mud flats; or
(ii) five acres or more of any other critical
area; and
(B) in all
areas within the coastal zone other than the bays and estuaries between Pass
Cavallo in Matagorda Bay and the border with the Republic of Mexico, any
certification of a federal permit authorizing disturbance of five acres or more
of any critical area; and
(3) for certification of federal permits for
dredging and dredged material disposal or placement, certification of a permit
authorizing removal of more than 10,000 cubic yards of dredged material from a
critical area.
