Texas Administrative Code

(a) A permit for on-lease commercial solid oil and gas waste recycling may be issued only if the director or the Commission determines that the operations will pose no unreasonable risk of pollution or threat to public health or safety. (b) On-lease commercial solid oil and gas w…

(a) Purpose. The purpose of this Memorandum of Understanding (MOU) is to delineate areas of respective jurisdiction and to coordinate the respective responsibilities and duties of the DSHS and the RRC in the regulation of sources of radiation in accordance with Texas Health and S…

A person who violates any requirement in this subchapter may be subject to the penalties and remedies specified in the Texas Natural Resources Code, Title 3, and subject to revocation of the certificate of compliance for any well as provided in § 3.73 of this title (relating to P…

The Commission shall have access to properties subject to the requirements of this subchapter as provided in Texas Natural Resources Code, Title 3, Subtitle B, Chapter 88, §88.091 and §88.092. Notes 16 Tex. Admin. Code § 4.629 The provisions of this §4.629 adopted to be effective…

(a) Retention period. A person shall retain current records relating to the radiation exposure levels of equipment and the disposal of oil and gas NORM waste for at least five years. Such records shall include the information specified in this section and in § 4.605 of this title…

The Commission may approve alternatives to the provisions of § 4.617 and § 4.620 of this title (relating to Permit for Injection, and Permit for Surface Disposal) for good cause if the applicant demonstrates to the Commission's satisfaction that the alternatives will protect publ…

(a) Applicability. Except in the case of onsite disposal that meets the requirements of § 4.614 (c) and (d) of this title (relating to Authorized Disposal Methods), no person may dispose of oil and gas NORM waste by burying it or by applying it to and mixing it with the land surf…

(a) Applicability. With the exceptions of produced water and oil and gas NORM waste that meets the exemption criteria of 25 TAC § 289.259 (relating to Licensing of Naturally Occurring Radioactive Material (NORM)) as a result of treatment or processing at a facility specifically l…

(a) Purpose. This section authorizes the methods for disposing of oil and gas NORM waste without a permit. (b) Disposal in plugged and abandoned well. A person may dispose of oil and gas NORM waste by placing it between plugs in a well that is being plugged and abandoned, provide…

No person may dispose of oil and gas NORM waste except as provided in this subchapter. Disposal of oil and gas NORM waste other than produced water by discharge to surface or subsurface waters, as defined in § 3.8 of this title (relating to Water Protection), shall be prohibited.…

Any employer of persons engaged in activities involving the disposal of oil and gas NORM waste shall comply with applicable provisions, as determined by TDH, of 25 TAC § 289.202 (relating to Standards for Protection Against Radiation from Radioactive Material) adopted effective O…

(a) Except as provided in subsection (b) of this section, within two years of the effective date of this rule, each person who owns or operates equipment used for production or disposal including each person who owns or operates equipment associated with a commercial facility, as…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Background radiation--Radiation at the ground surface from: (A) cosmic sources; (B) non-technologically enhanced naturally occurring…

(a) Exclusions. Activities involving the recycling of oil and gas NORM waste; the decontamination of equipment and facilities that are contaminated with oil and gas NORM waste as a result of activities other than disposal of oil and gas NORM waste; the possession, use, transfer, …

(a) This subchapter establishes requirements for the identification of equipment contaminated with oil and gas Naturally Occurring Radioactive Material (NORM), and the disposal of oil and gas NORM waste for the purpose of protecting public health, safety, and the environment. (b)…

(a) A state or local permit is not required for a voluntary cleanup under this subchapter. A participant shall coordinate a voluntary cleanup with ongoing federal and state waste programs. (b) Any participant conducting a voluntary cleanup shall comply with any state or federal s…

(a) A person who is not a responsible person, as that term is defined in § 4.405 of this title (relating to Definitions), at the time the person applies to participate in a voluntary cleanup does not become a responsible person solely because the person signs the application or t…

(a) If the Site Remediation Section determines that a participant has completed a voluntary cleanup approved under this subchapter, the Commission shall certify that the action has been completed by issuing the participant a certificate of completion. (b) The certificate of compl…

(a) After signing a voluntary cleanup agreement, the participant shall prepare and submit to the Site Remediation Section the work plans and reports required by the agreement. (b) The Site Remediation Section shall review and evaluate the work plans and reports for accuracy, qual…

(a) At any time and for any reason, either the Commission or the participant may terminate a voluntary cleanup agreement by giving to the other written notice 15 days prior to the stated termination date. The participant shall pay and the Commission shall recover only those costs…

(a) Before the Site Remediation Section evaluates any plan or report detailing the cleanup goals and proposed response action methods, the eligible applicant shall enter into a voluntary cleanup agreement with the Commission that sets forth the terms and conditions of the evaluat…

(a) The Site Remediation Section shall process applications in the order in which they are received. (b) The Commission may accept an application if it: (1) is submitted by a person eligible to participate in the program, pursuant to § 4.410 (b) of this title (relating to Eligibi…

(a) A person applying to participate in the voluntary cleanup program shall submit to the Site Remediation Section an application to participate in the voluntary cleanup program and an application fee as required by subsection (b) of this section. (b) A person submitting an appli…

(a) Any site that is contaminated with a contaminant is eligible for participation in the voluntary cleanup program except the portion of a site that is the subject of a Commission order to control or clean up the contaminants. On application from an eligible applicant, the Commi…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. (1) Applicant--A person who is eligible to participate in the voluntary cleanup program and who submits the required forms, information, an…

The purpose of the voluntary cleanup program is to provide an incentive to clean up property contaminated by activities under Railroad Commission jurisdiction by removing the liability to the state of lenders, developers, owners, and operators who did not cause or contribute to c…

(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 cutt…

(a) The Commission encourages recycling of oil and gas waste. In addition to the requirements of Divisions 3 and 4 of this subchapter (relating to Requirements for Off-Lease or Centralized Commercial Solid Oil and Gas Waste Recycling, and Requirements for Stationary Commercial So…

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 a stationary commercial fluid 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 determine the closure standards for a …

(a) A permit issued for a stationary commercial fluid recycling facility pursuant to this division shall include requirements the director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards e…

(a) A permit for a stationary commercial fluid 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 permit are received at the faci…

(a) A permit issued pursuant to this division for a stationary commercial fluid 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 of storage areas, containment…

(a) A permit for a stationary commercial fluid 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 health or safety. (b) A stationary …

(a) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall be valid for a term of not more than five years. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written appr…

(a) A permit applicant for a stationary commercial fluid recycling facility shall publish notice and file proof of publication in accordance with the following requirements. (1) A permit applicant shall publish notice of the application in a newspaper of general circulation in th…

(a) A permit application for a stationary commercial fluid recycling facility 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 waste, and/or recycl…

A permit application for a stationary commercial fluid recycling facility 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 fluid recycling facility as requi…

A permit application for a stationary commercial fluid recycling facility 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; (2) the estimated max…

(a) A permit application for a stationary commercial fluid 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 design and size of all receiving, pr…

(a) A permit application for a stationary commercial fluid recycling facility 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 a stationary commercial fluid r…

A permit application for a stationary commercial fluid recycling facility 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 transmission (fax) num…

(a) The director may require a permit applicant for a stationary commercial fluid recycling facility 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…

(a) An application for a permit for a stationary commercial fluid 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 county in which the fac…

Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit. The application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expira…

A permit for off-lease commercial recycling fluid 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 determine the closure standards for a particular f…

(a) A permit for off-lease commercial recycling fluid 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 environmental and engineering standards es…