Texas Administrative Code

The Technical Permitting Section reviews applications submitted under this subchapter in accordance with § 1.201 of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). Notes 16 Tex. Admin. Code § 4.134 Adopted by Texas Register,…

(a) Application. A permit application shall include a detailed plan for closure when operations at the facility or pit terminate. The closure plan shall include a general plan to: (1) remove all wastes; (2) demolish and/or remove any liners; (3) remove dikes; (4) backfill any exc…

(a) Application. The following information shall be submitted with each permit application: (1) a plan and schedule for conducting periodic inspections, including plans to inspect pits, equipment, processing, and storage areas; and (2) a potentiometric contour map showing static …

(a) The School Library Programs: Standards and Guidelines for Texas, which are available at https://www.tsl.texas.gov/node/66176 and provided in this subsection, are adopted by the Texas State Library and Archives Commission. The Standards and Guidelines are based on the work and…

(a) No person conducting activities subject to regulation by the Railroad Commission of Texas may cause or allow pollution of surface or subsurface water in the state. (b) This subchapter establishes, for the purpose of protecting public health, public safety, and the environment…

(a) The generator of oil and gas waste is responsible for characterizing the waste. (1) The generator may use process knowledge to categorize the waste material in accordance with the categories listed in the definition of oil and gas waste in § 4.110 of this title (relating to D…

(a) Unless authorized by this subchapter, no person may manage oil and gas wastes without obtaining a permit to manage such wastes, except for the following methods: (1) as authorized by § 4.111 of this title (relating to Authorized Disposal Methods for Certain Wastes); (2) as au…

(a) The Commission and TCEQ have adopted by rule a Memorandum of Understanding stating how the agencies will implement the division of jurisdiction over wastes. The MOU is adopted in § 3.30 of this title (relating to Memorandum of Understanding between the Railroad Commission of …

Applications submitted under this subchapter may be subject to a fee and surcharge pursuant to § 3.78 of this title (relating to Fees and Financial Security Requirements). Notes 16 Tex. Admin. Code § 4.106 Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0…

(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement pro…

(a) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system. The person shall comply with all requirements, including but not limited to fees and security procedures, for electronic fili…

(a) An applicant or permittee may request an exception to the provisions of this subchapter by submitting to the Director a written request and demonstrating that the requested alternative is at least equivalent in the protection of public health and safety, and the environment, …

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. (1) 25-year, 24-hour rainfall event--The maximum 24-hour precipitation event, in inches, with a probable recurrence interval of once in 25 yea…

(a) Water condensate. A person may, without a permit, dispose of by land application water which has been condensed from natural gas and collected at gas pipeline drip stations or gas compressor stations. The disposal is authorized provided: (1) the disposal is not a discharge to…

(a) Produced water recycling is authorized if: (1) produced water is recycled for use in drilling operations, completion operations, hydraulic fracturing operations, or as another type of oilfield fluid to be used in the wellbore of an oil, gas, geothermal, or service well; (2) p…

(a) An operator may, without a permit, maintain or use reserve pits, mud circulation pits, completion/workover pits, makeup water pits, fresh mining water pits, water condensate pits, and produced water recycling pits if the pit complies with this division. (b) Unless otherwise a…

Reserve pits, mud circulation pits, completion/workover pits, makeup water pits, fresh mining water pits, and water condensate pits are Schedule A authorized pits. (1) Schedule A pit contents. (A) Reserve pits and mud circulation pits. A person shall not deposit or cause to be de…

(a) Schedule B authorized pits. A produced water recycling pit is a Schedule B authorized pit. (b) A produced water recycling pit may be located on a tract of land that is not on an oil and gas lease operated by the operator of the produced water recycling pit. (c) Financial secu…

(a) A waste management activity or facility that is not authorized under Division 3 of this subchapter shall require a permit. (b) If an activity or facility requires a permit, then all waste management units associated with the activity or facility, including pits authorized by …

(a) Unless otherwise provided, a permit issued pursuant to Divisions 4 through 9 of this subchapter shall be valid for a term of not more than five years. (b) Any permit issued by the Commission under § 3.8 of this title (relating to Water Protection) prior to July 1, 2025 shall …

(a) Compliance with rules in effect at the time of permit renewals, transfers, or amendments. To ensure compliance with the rules in effect at the time of a request to renew, transfer, or amend a permit, the Commission may review and revise permit conditions when it receives the …

(a) A permit issued pursuant to this subchapter, or a permit issued pursuant to § 3.8 of this title (relating to Water Protection) before July 1, 2025, may be modified, suspended, or terminated by the Commission for good cause after notice and opportunity for hearing. (b) A findi…

(a) Unless otherwise specified by rule, a permit application shall be filed with the Technical Permitting Section. The application shall be filed by mail, hand delivery, or by an electronic process approved by the Director. A permit application shall be considered filed with the …

(a) Purpose. Applicants are encouraged to engage with their communities early in the waste facility planning process to inform the community of the plan to construct a facility and allow those who may be affected by the proposed activities to express their concerns. The purpose o…

(a) The permit application shall contain the following information for the facility: (1) the location of the proposed facility, including the physical address and geographic coordinates of the center of the facility; and (2) a description of the property on which the facility is …

(a) A permit application shall include descriptions of the following elements and specify the sources of information: (1) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condit…

(a) Application. The following information shall be submitted with each permit application: (1) a facility diagram clearly showing the items listed in subparagraphs (A)-(G) of this paragraph and any other pertinent information regarding the facility and associated activities. Dia…

(a) Application. All permit applications shall include the following operating information: (1) a description of the sources and types of wastes to be received; (2) a description of plans for waste sampling and analysis; (3) a description of all waste management operations includ…

(a) The permittee shall maintain for a period of at least three years records of each Waste Profile Form and Waste Manifest described in § 4.190 and § 4.191 of this title (relating to Oil and Gas Waste Characterization and Documentation, and Oil and Gas Waste Manifests, respectiv…

(a) An application for a permit for a stationary commercial solid oil and gas waste recycling facility 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 count…

Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit. An application for renewal of an existing permit issued pursuant to this division or § 3.8 of this title (relating to Water Protection) shall be submit…

A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall include closure standards and any requirement reasonably necessary to ensure that the permittee can meet the standards. The Commission shall determin…

(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall include monitoring requirements the director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the …

(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility 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 p…

(a) A permit issued pursuant to this division for an off-lease centralized commercial solid oil and gas waste recycling facility shall contain any requirement that the director or the Commission determines to be reasonably necessary to ensure that: (1) the design and construction…

(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility may be issued only if the director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public healt…

(a) A permit for an off-lease or centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall be valid issued for a term of not more than two years. Permits issued pursuant to this division may be renewed, but are not transferable to an…

(a) A permit applicant for off-lease or centralized commercial solid oil and gas waste recycling shall give personal notice and file proof of such notice in accordance with the following requirements. (1) The applicant shall mail or deliver notice to the following persons on or a…

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

A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include: (1) a sampling plan for the partially treated waste to ensure compliance with permit conditions; (2) a plan for sampling any monitoring wells at a commercial recycling fa…

A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include the following operating information: (1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility; …

(a) A permit application for an off-lease or centralized commercial solid oil and gas waste recycling facility shall include the layout and design of the facility by including a plat drawn to scale with north arrow to top of the map showing the location and information on the des…

(a) A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include a copy of the signed lease agreement between the applicant and the owner of the tract upon which the facility is to be located. (b) A permit application for off-lease …

A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include: (1) a description of the proposed facility site and surrounding area; (2) the name, physical address and, if different, mailing address; telephone number; and facsimile t…

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

(a) An application for a permit for off-lease or centralized commercial solid oil and gas waste 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 co…

Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit. An application for renewal of an existing permit issued pursuant to this division or § 3.8 of this title (relating to Water Protection) shall be submit…