Kara Denney
Industrial Wastewater Permit Writer
Water Quality Division
O&G Water Quality Jurisdictions

Memorandum of Agreement: Texas Natural
Resource Conservation Commission (TNRCC)
and EPA, 1998
 SIC codes 1311, 1321, 1381, 1382, 1389, 4922, and 4925

Memorandum of Understanding (MOU): Railroad
Commission (RRC) and TCEQ
 30 TAC §7.117 adopts, by reference, 16 TAC §3.30
(http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl
=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_t
ac=&ti=16&pt=1&ch=3&rl=30)
 Addresses the “cooperation and division of jurisdiction
between the agencies regarding wastes that result from,
or are related to, activities associated with the exploration,
development, and production of oil, gas, or geothermal
resources, and the refining of oil”
RRC SIC codes
1311- Crude Petroleum and Natural Gas
1321- Natural Gas Liquids
1381- Drilling Oil and Gas Wells
1382- Oil and Gas Field Exploration
Services
 1389- Oil and Gas Field Services, Not
Elsewhere Classified
 4922- Natural Gas Transmission
 4925- Mixed, Manufactured, or Liquefied
Petroleum Gas Production and/or
Distribution




Which O&G wastewater is regulated
where?

O&G process wastewater from exploration,
production, & transportation
 RRC

Stormwater from O&G exploration, production,
& transportation facilities
 RRC

On-site sewage facilities
 RRC

Reuse/reclaimed water (not O&G
wastewaters)
 Water Quality Division
Avenues for Reuse at the TCEQ

Through an individual
permit, either TPDES
or TLAP;

Wastewater reuse can
be authorized through
a Chapter 210
authorization; or

Directly via the rule in
certain circumstances
without requiring
written authorization
Reuse/Reclaimed Water
Why Reuse wastewater?

Conservation
 Drought
 $avings
 Supply availability
Individual Permits
TLAP


Individual TLAP
permit tailored to
specific conditions
and operations
Permit requirements
are for the protection
of surface and
groundwater.
TPDES

Can include
authorizations for
reuse activities
Chapter 210 Reuse Rules
Establishes criteria for the reuse of
domestic, industrial, and grey waters.
 Requirements apply to the Producer,
Provider, and User.
 Signed agreement between Producer
and Provider.

Examples of reuse
Reclaimed water from industrial or
municipal effluent and can be used for:
 golf course and other irrigation activities
 dust suppression
 impoundment maintenance
 makeup water in industrial processes
(e.g. cooling tower make-up water), etc.
 hydraulic fracturing
Using Reclaimed Water for
Fracturing
Municipal Type I
Uses Include those that
could come into contact
with people:
Residential and urban
irrigation (public parks,
golf courses, food crops,
etc.)
 Fire protection, internal sprinkler systems or
external fire hydrants.
 Impoundment Maintenance
 Toilet or urinal flush water.
 Other similar activities where the potential for
unintentional human exposure may occur.

Municipal Type II
Includes irrigation or other uses in areas where
the public is not present during the time when
irrigation activities occur or where the public
would not come in contact with the reclaimed
water.
Wastewater Criteria
30-day Average
Parameter
Type I
Type II (nonpond system)
Type II (pond
system)
BOD5
5 mg/l
20 mg/l
30 mg/l
CBOD5
5 mg/l
15 mg/l
N/A
Turbidity
3 NTU
N/A
N/A
Fecal coliform or 20 CFU/100 ml*
E. coli
200 CFU/100
ml*
200 CFU/100
ml*
Fecal coliform or 75 CFU/100
E. coli
ml**
800 CFU/100
ml**
800 CFU/100
ml**
Enterococci
4 CFU/100 ml*
35 CFU/100 ml*
35 CFU/100 ml*
Enterococci
9 CFR/100 ml**
89 CFU/100
ml**
89 CFU/100
ml**
* 30-day geometric mean
** maximum single grab sample
Producer, Provider, & User
Producer: A person or entity that produces
reclaimed water by treating domestic wastewater
or municipal wastewater, in accordance with a
permit or other authorization of the Agency, to
meet the quality criteria established in the 210
chapter.
Provider: A person or entity that distributes
reclaimed water to a user(s) of reclaimed water.
For purposes of the 210 chapter, the reclaimed
water Provider may also be a reclaimed water
Producer.
Producer, Provider, & User
User: Person or entity utilizing reclaimed
water for a beneficial use, in accordance with
the requirements of the 210 chapter. A
reclaimed water User may also be a Producer
or a Provider.
Producer Responsibilities

Transfer reclaimed water of at least the
minimum quality required to User;

Sample and analyze the reclaimed water
and report such analyses (30 TAC §210.34
and 30 TAC §210.36(b); and

Notify the executive director in writing
within five days of obtaining knowledge of
reclaimed water use not authorized by the
executive director's reclaimed water use
approval.
Provider Responsibilities

Assure construction of reclaimed water distribution
lines or systems (30 TAC §210.25);

Transfer reclaimed water of at least the minimum
quality required by the 210 chapter at the point of
delivery to the User;

Notify the executive director in writing within five (5)
days of obtaining knowledge of reclaimed water use
not authorized by the executive director's reclaimed
water use approval; and

Not be found in violation of the 210 chapter for the
misuse of the reclaimed water by the User if transfer
of such water is shut off promptly upon knowledge of
misuse regardless of contract provisions.
User Responsibilities
Use the reclaimed water in accordance
with the 210 chapter; and
 Maintain and provide records as
required by §210.36

 Volume of reclaimed water delivered to a
User or Provider.
 Quality of reclaimed water delivered to a
User or Provider reported as a monthly
average for each quality criteria except
those listed as "not to exceed" which shall
be reported as individual analyses.
How to get a 210 Authorization





A primary means of disposal is required for
authorized Chapter 210 facilities via
maintaining a TPDES or TLAP Permit
(Producer).
Persons who desire to develop projects not
included in this rule may apply for a permit.
Authorizations are typically processed
within 60 days of application submittal.
Chapter 210 does not require public notice.
Domestic 210 application = $0
Contacts

Municipal 210’s
 Louis C. Herrin III
 Phone: 512-239-4552
 Email: Louis.Herrin@tceq.texas.gov

Industrial 210E’s
 Kara Denney
 Phone: 512-239-4680
 Email: Kara.Denney@tceq.texas.gov