Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 4 - ENVIRONMENTAL PROTECTION
Subchapter B - COMMERCIAL RECYCLING
Division 7 - BENEFICIAL USE OF DRILL CUTTINGS
Section 4.302 - Additional Permit Requirements for Activities Related to the Treatment and Recycling for Beneficial Use of Drill Cuttings
Universal Citation: 16 TX Admin Code § 4.302
Current through Reg. 50, No. 13; March 28, 2025
(a) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall show that there is a demonstrated commercial market for the treated drill cuttings. The applicant may make this showing by providing:
(1)
evidence that the same product made with drill cuttings or a product that is
substantially similar is commonly used in the area where the product is
created;
(2) evidence of actual
commitments from customers who intend to use the product made with drill
cuttings, including information regarding the volume of product the customers
intend to use annually; or
(3)
other credible and verifiable means consistent with the rules in this
chapter.
(b) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall perform a trial run in accordance with the following procedure.
(1) The applicant shall notify the Commission
District Office for the county in which the facility is located prior to
commencement of the trial run.
(2)
The applicant shall demonstrate the ability to successfully process a 1,000
cubic yard batch of drill cuttings before the facility receives or processes
any additional drill cuttings.
(3)
The applicant shall collect samples of the treated drill cuttings from every
200 cubic yards of the first 1,000 cubic yard batch.
(4) Samples collected shall be analyzed and
shall not exceed the parameters specified in Figure 1 or Figure 2 in subsection
(c) of this section, as applicable.
(5) A written report of the results from the
trial run prepared by a professional engineer licensed in Texas shall be
submitted to the District Office and the Technical Permitting Section within 60
days of receipt of the analytical requirement in §
4.258 of this title (relating to
Minimum Permit Provisions for Operations). The report shall include:
(A) a summary of the trial run and
description of the process;
(B) the
actual volume of drill cuttings processed;
(C) the type of waste and description of the
waste material;
(D) the volume and
type of each stabilization material used; and
(E) copies of all chemical and geotechnical
laboratory analytical reports and chain of custody sheets for the samples
required in paragraph (3) of this subsection, as
applicable.
(6) The
applicant shall notify the District Office for the county in which the facility
is located and the Technical Permitting Section at least 72 hours before
processing begins. No additional drill cuttings shall be received or processed
while the results of the trial run are being reviewed by the Technical
Permitting Section. Any legitimate commercial product produced during the trial
run shall not be used until the Technical Permitting Section has received the
trial run reports and provides written confirmation that the trial run
requirements have been met.
(c) In addition to the permit standards under this subchapter, beneficial uses for treated and recycled drill cuttings shall meet the following criteria.
(1) For use of
treated and recycled drill cuttings in a legitimate commercial product for the
construction of oil and gas lease pads and oil and gas lease roads, the
following requirements shall apply.
(A) Bench
scale tests shall be performed as needed to determine optimum mixing
composition. If the composition mixture changes from the treated drill cuttings
produced during the trial run, the treated drill cuttings shall be analyzed for
wetting and drying durability by ASTM 559-96, modified to provide samples that
are compacted and molded from finished treated drill cuttings. Total weight
loss after 12 cycles shall not exceed 15%.
(B) A sample of the treated drill cuttings
shall be tested for the parameters listed in Figure 1 in this subsection for
the trial run required by subsection (b) of this section and for every 800
cubic yard batch of treated drill cuttings produced thereafter. Each 800 cubic
yard sample shall be composed of a composite of four sub-samples obtained at
200 cubic yard intervals. Each sample shall have a complete chain of custody
and shall be analyzed for the parameters on Figure 1 in this
subsection.
(C) Any treated drill
cuttings not meeting the limitations specified in Figure 1 in this subsection
shall be returned to the mixing cycle, reprocessed, and reanalyzed until the
drill cuttings meet the required parameters or shall be disposed of in
accordance with Commission rules.
(2) The Commission may require that use of
treated drill cuttings in legitimate commercial products other than those
described in paragraph (1) of this subsection comply with criteria in addition
to those specified in this section.
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