Texas Administrative Code

(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall specify the Commission districts within which recycling is authorized, shall be valid issued for a term of not more than five years, and shall authorize operations at any…

A permit application for on-lease commercial solid oil and gas waste recycling shall include a detailed plan for closure of the site when operations terminate. The closure plan shall address how the applicant intends to: (1) remove waste, partially treated waste, and/or recyclabl…

A permit application for on-lease commercial solid oil and gas waste recycling shall include: (1) a sampling plan for the partially treated waste to ensure compliance with permit conditions; and (2) a plan and schedule for conducting periodic inspections, including plans to inspe…

A permit application for on-lease commercial solid oil and gas waste recycling shall include the following operating information: (1) a list of Commission districts for which the applicant seeks authority for on-lease commercial solid oil and gas waste recycling; (2) the estimate…

A permit application for on-lease commercial solid oil and gas waste recycling shall include: (1) the typical layout and design of receiving, processing, and storage areas and all equipment (e.g., pug mill), tanks, silos, and dikes. (2) a description of the type and thickness of …

(a) The director may require a permit applicant for on-lease commercial solid oil and gas waste recycling to provide the Commission with engineering, or other information which the director deems necessary to show that issuance of the permit will not result in the waste of oil, g…

(a) An application for a permit for on-lease solid oil and gas waste commercial recycling shall be filed with the Commission's headquarters office in Austin. The applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which th…

Violations of this subchapter or a permit issued pursuant to this subchapter may subject a person to penalties and remedies specified in the Texas Natural Resources Code, Title 3, and any other statutes or rules administered by the Commission. Notes 16 Tex. Admin. Code § 4.211 Th…

A permit granted pursuant to this subchapter 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: (1) pollution of surface or subsurface water is o…

Permits issued pursuant to this subchapter may be renewed, but are not transferable to another operator without the written approval of the director. Notes 16 Tex. Admin. Code § 4.209 The provisions of this §4.209 adopted to be effective April 15, 2013, 38 TexReg 2334

(a) A permit for a commercial recycling facility issued pursuant to this subchapter shall provide that the facility may only receive, store, handle, treat, or recycle waste: (1) under the jurisdiction of the Commission; (2) that is not a hazardous waste as defined by the administ…

(a) If a person who receives notice or other affected person files a proper protest with the Commission, the director shall give the applicant written notice of the protest and of the applicant's right to either request a hearing on the application or withdraw the application. Th…

(a) If the Commission does not receive a protest to an application submitted under this subchapter, the director may administratively approve the application if the application otherwise complies with the requirements of this subchapter. (b) The director may administratively deny…

Except for the requirements related to financial security found in §§4.239(b), 4.255(b), 4.271(b), and 4.287(b) of this title; the notice requirements found in §§ 4.238 , 4.254 , 4.270 , and 4.286 of this title; and the requirements related to sampling and analysis found in §§ 4.…

Unless a word or term is defined differently in this section, the definitions in § 3.8 of this title (relating to Water Protection), § 3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste), and § 4.603 of this title (relating to Definitions), sh…

(a) Permit required. A person who operates a commercial recycling facility shall obtain a permit from the Commission under this subchapter before engaging in such operation. (b) Hauling of waste. A waste hauler transporting and delivering oil and gas waste for commercial recyclin…

(a) The provisions of this subchapter apply to the following categories of commercial recycling: (1) on-lease commercial recycling of solid oil and gas waste; (2) off-lease or centralized commercial solid oil and gas waste recycling; (3) stationary commercial solid oil and gas wa…

(a) This subchapter establishes, for the purpose of protecting public health, public safety, and the environment within the scope of the Commission's statutory authority, the minimum permitting and operating standards and requirements for commercial recycling of oil and gas waste…

(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 foll…

(a) An operator shall not pollute the waters of the Texas offshore and adjacent estuarine zones (saltwater bearing bays, inlets, and estuaries) or damage aquatic life therein. (b) All activities under the jurisdiction of the Commission shall be conducted in such a manner to precl…

Oil and gas waste that is generated outside of Texas and transported into Texas by surface vehicle for management shall be accompanied by documentation including the name of the generator, the location of origin, and any operator and facility identifiers issued by the appropriate…

(a) Generators, waste haulers, and receivers shall keep all waste profiles, manifests, and other documentation for a period of at least three years. The person keeping any records required by this section shall make the records available to the Commission upon request. (b) Upon d…

(a) Prohibitions. A person who transports oil and gas waste for hire by any method other than by pipeline shall not haul or dispose of oil and gas waste off a lease, unit, or other oil or gas property where it is generated without a valid oil and gas waste hauler permit. A permit…

(a) Section 3.30 (e) of this title (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)) provides a means by which certain RRC-jurisdictional waste may be managed at an appropriate TCEQ-re…

(a) Oil and gas waste that is transported by vehicle from the lease, unit, or other oil or gas property or facility where it is generated to an off-lease facility that manages oil and gas waste shall: (1) be accompanied by a paper manifest that meets the requirements of this sect…

(a) The generator of oil and gas waste is responsible for characterizing and documenting the waste prior to transportation. (b) A generator of any waste subject to Commission jurisdiction shall document the waste characterization by completing and retaining a Waste Profile Form t…

(a) For any recycling activities not otherwise authorized by rule or permit in this subchapter, an operator may propose a pilot program. (b) A pilot program is a program implemented to assess: (1) whether the recycled product can be reused in certain activities that are safe and …

(a) For non-commercial recycling not otherwise authorized by this subchapter, the Director may authorize such recycling by permit. In determining appropriate permit conditions, the Director shall review the general permit requirements outlined in Division 4 of this subchapter (re…

(a) If the District 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 District Director may issue a minor permit provided the permit does not authorize a…

(a) If the District 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 District Director may issue an emergency permit. (b) An applica…

This division contains permit requirements for some activities not otherwise addressed in this subchapter. Unless otherwise specified in this division or by the Director, the requirements of Divisions 4 through 8 of this subchapter do not apply to activities permitted under this …

(a) An operator of a reclamation plant shall file a monthly report documenting the volumetric throughput of waste and reclaimed hydrocarbons. (b) The Commission may establish a form or electronic system for filing monthly reports for reclamation plants. (c) For wastes taken to a …

(a) The following provisions apply to any removal of tank bottoms or other oil and gas wastes from any oil producing lease tank, pipeline storage tank, or other production facility. (1) Tank bottoms and other oil and gas wastes shall be reclaimed using the methods authorized in t…

(a) Reclamation plant permits shall be issued for a term of not more than five years. (b) Reclamation plant permits may be renewed, transferred, or amended pursuant to § 4.122 of this title (relating to Permit Renewals, Transfers, and Amendments). Reclamation plant permits are su…

(a) Applicability. (1) This section is applicable to reclamation of tank bottoms and other oil and gas wastes generated through activities associated with the exploration, development, and production (including transportation) of crude oil and other waste materials containing oil…

(a) The permittee shall notify the Technical Permitting Section and the District Office in writing at least 45 days prior to commencing closure of any landfarming cell. (b) The permittee shall submit a detailed closure plan to the Technical Permitting Section. The Technical Permi…

(a) The operator shall monitor three soil zones in each landfarming cell at the following frequency: (1) the surface treatment zone from the ground surface to a depth of 12 inches below land surface shall be sampled and analyzed quarterly; (2) the waste treatment zone from 12 to …

(a) Application. The applicant shall submit the following operating information with each application for landfarming permit: (1) the estimated chloride concentration of the waste to be accepted at the facility; (2) the procedure by which waste will be mixed into the soil; (3) wa…

(a) Application for landfarming and landtreating permits. (1) The facility diagram submitted with the permit application shall include: (A) two perpendicular, sectional views of all landfarming cells to be constructed, showing the bottom, sides, and dikes or berms of the cell wit…

In addition to the requirements of this division, all applications for landfarming and landtreating permits and all permittees conducting landfarming or landtreating shall comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Opera…

In addition to the requirements outlined in § 4.132 of this title (relating to Closure), the permittee is required to comply with the following when operations at the pit terminate. (1) Unless otherwise required by permit, all pits shall be dewatered and emptied within 120 days o…

(a) Siting. (1) An application for a pit at a commercial disposal facility shall include documentation of a good faith investigation of the 10-year flooding history of the property to determine whether the facility is located in a flood-prone area. (2) In addition to the requirem…

(a) A pit permit application shall include a monitoring plan that establishes a procedure for the permittee to routinely monitor the integrity of the liner of a pit. The permittee shall comply with this section by implementing one of the following monitoring methods. (1) The perm…

(a) Application. (1) Unless otherwise provided by permit, all permitted pits shall comply with the general construction requirements applicable to authorized pits in Division 3 of this subchapter (relating to Operations Authorized by Rule). (2) In addition to the information requ…

(a) In addition to the requirements of this division, all permitted pits are required to comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations). Commercial pits are also required to comply with Division 5 of this subchap…

Prior to commencement of operations at a commercial facility, the permittee shall provide the Director with drawings documenting the as-built condition of the facility, including all equipment and waste management units. Notes 16 Tex. Admin. Code § 4.143 Adopted by Texas Register…

(a) An application for commercial facility shall include a detailed waste acceptance plan to ensure that the waste received at the facility has been fully and correctly documented by the generator and carrier, and characterized by the generator, including supporting laboratory an…