RAILROAD COMMISSION OF TEXAS
Guidance for Filing Environmental
Permit Applications
August 20, 2014
Rusty Woodburn
Environmental Permits & Support
Synopsis
• Review of the Surface Waste Management
Manual (SWMM)*
• Locating the necessary information
– Accessible online resources
– Application information for all permits
– Guidance for each application
– Rules associated with permits
* www.rrc.state.tx.us/oil-gas/publications-and-notices/manuals/surface-waste-management-manual/
What Requires a Permit?
• Any person who transports, handles, stores,
discharges, disposes or recycles oil and gas
waste subject to the Commission’s jurisdiction
must have authority from the Commission
• Each operator must have an active P-5
(Organizational Report)
• All permit applications require an original
signature
RRC Website
Easiest way to locate the SWMM
Type “RRC Surface Waste Management Manual” into a search engine
(Google, Bing, etc.)
Or go to the RRC Website
www.rrc.state.tx.us/
Click the “Oil & Gas” tab
How to Access Permit Information
“Oil & Gas” drop down menu
SWMM – General Information
SWMM – Permit Types
The following pages will contain information about the links for each of these permit types
Waste Hauler Permits (WHP)
• RRC regulates the transport of oil and gas waste
• A person who transports waste must have a WHP
Forms
• WH-1: Application for waste hauler permit
• WH-2: Updated list of operating vehicles
• WH-3: RRC permitted waste receiver
Helpful links
• Disposal of Waste at Texas Commission on Environmental Quality
(TCEQ) or non-RRC Facilities is authorized if the water generator
submits documentation to the RRC
For more information about WHP contact Candace Goodwin at (512) 463-3840
Hydrostatic Test (HT) Permits
• HT Discharges
– Used to test the integrity of pipelines and tanks
– When water enters the pipeline or tank, it is
considered oil and gas waste
– May not be discharged without a permit *
• HT Discharge Application
– List of 15 questions
– $750 application fee for discharges to waters of the state
• Review frequently asked questions (FAQs)
– Multiple discharges at one location require multiple HT permits
– Waste water analysis requirements
– * Cases when HT permits are not required
Minor and Other Permits
• Minor Permits
– Issued by the appropriate District Office
– Review the “Guidelines for Minor Permits”
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Notice and Protest Guidelines
Analytical Guidelines
Guidelines for Disposal of Oily Waste
Off-Lease Landfarming and Landtreatment
Disposal of Basic Sediment and Drilling Fluid
• Other Permits
– Methods not authorized by the RRC or not requiring a
permit
– Must be applied for by submitting a letter of request
Pit Permits
• Disposal or storage of waste shall not pollute
surface or subsurface waters
• List of authorized pits in Rule 8(d)(4)
reserve pits
mud circulation pits
completion/workover pits
basic sediment pits
flare pits
fresh makeup water pits
fresh mining water pits
non-commercial fluid recycling pits
water condensate pits
• List of prohibited pits in Rule 8(d)(2)
saltwater disposal pits
collecting pits
skimming pits
brine pits
brine mining pits
washout pits
emergency saltwater storage pits
gas plant evaporation/retention pits
drilling fluid storage pits (other than mud circulation pits)
drilling fluid disposal pits (other than reserve pits pits)
Pit Applications
• Form H-11 must be submitted
– Complete Items 1 thru 23
– Include Instructions to Pit Application – Items A thru L
– Common mistakes
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Missing information, blank answers
Incorrect P-5 address
Detailed figures and descriptions
Commercial facilities
• Commercial Disposal Pits
– Requires 21 additional questions
• Associated Rule 8 and 22
Recycling Permits
• RRC encourages recycling of O&G waste
• Texas Administrative Code Chapter 4, Subchapter B
– Division 1 outlines the definitions and general requirements for
commercial recycling
• Solid Recycling – Reuse as roadbase, drilling pads, etc.
– Division 2: On-Lease solid waste recycling
• Limited to any on-lease location for one year
– Division 3: Off-Lease solid waste recycling
• Limited to any location for two years
– Division 4: Stationary solid waste recycling
• Permitted for one location for five years
Recycling Permits, Cont.
• Fluid Recycling: Reuse of wellbore fluids
– Authorized
• On a lease associated with drilling permit, disposal well, or
injection well
• If used in the wellbore of an O&G well (frac fluid)
• If reused for legitimate commercial use if water is distilled
– Division 5: Off-Lease fluid recycling
• Limited to any location for two years
– Division 6: Stationary fluid recycling
• Permitted for one location for five years
Discharge Permits
• HTs
• Gas Plant Effluent Discharges
• Produced Water Discharges
– Inland waters
– Gulf of Mexico
• Storm water discharges
– Non-contact storm water
• RRC permit not required
• EPA permit may be required
Rule 93: Permits must be in compliance
with state and federal laws
Rule 30: RRC and TCEQ jurisdiction
– Contact storm water
• Considered oil and gas waste
• Must be disposed of in an authorized manner
Landfarm and Landtreatment
• Landfarms
– Authorized under the following conditions
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Written consent is required from the surface owner
Wastes are disposed of on the lease they were generated
Wastes are restricted to water-based drilling fluids and associated cuttings
Chloride concentration is 3,000 mg/L or less
– All other landfarming operations require a permit
• Landtreatment
– Any land spreading of oil-based drilling fluids and associated cuttings
requires a permit
• Land apply produced water
• Sprinkler irrigation
• Flood irrigation
• Ridge and furrow irrigation
• Surface spreading
Reclamation Plants
• Reclamation of oil and gas waste
– Usually tank bottoms and
– Other reclaimable hydrocarbons
– Methods of separation
• Physical or mechanical
• Chemical
• Thermal
• Application information
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Submit a Form R-9
Attach answers to Instructions to Form R-9
Commercial Facilities
Rule 57
Waste Separation Facilities
• Waste is separated into solid and liquid components
prior to disposal
• No hydrocarbons are reclaimed
Commercial Facilities
• Operating a commercial facility
– Receives compensation for handling, storing,
reclaiming, treating, disposing, recycling of waste
– Includes the following commercial permits
• Pits
• Recycling
• Landfarm
• Landtreatment
• Reclamation
• Waste separation
• Statewide Rule 78
– Operator is required to provide financial security
• Bond – Form CF-1
• Letter of Credit – Form CF-2
• Guidance for the forms
Closure Cost Estimates
• Closure cost estimate requirements
– Show all assumptions used for estimate
• Costs for transport, disposal, removal, backfill
• Costs for crew, dozers, welders, cleaning, etc.
– Based on worst case scenario
– Prepared by a Professional Engineer licensed by the state
• Restrictive Covenant Form
– Property owner agrees material will be available for closure
– Must be certified by the RRC
Hazardous Waste Information
• Hazardous Waste Manual
– Hazardous waste determination
– Exempt and Non-exempt wastes
– Classification of wastes
– Notification
– Management Standards
• Statewide Rule 98
Naturally Occurring Radioactive Material
• NORM jurisdiction
– RRC regulates activities associated with disposal of O&G
NORM waste
– Texas Department of State Health Service (DSHS)
• Regulates possession, use, transfer, transport, and storage
• Website NORM descriptions
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Radiation limits provided in tables
State regulation discussions b/w RRC and DSHS
NORM survey requirements
Additional information
• Review NORM FAQs
• NORM Rules - Chapter 4, Subchapter F
Permit Applications Table
Basic requirements for each application
Renewals and Transfers
• Renewals and Transfers by letter of request
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Submit w/in 60 days of the expiration date or new operation
State if modifications have been or will be made to the facility
NORM surveys are required for existing facilities
Update financial security
Amendments
• Amendments by letter of request
– Describe and explain the requested amendments
• Provide all information about any changes
• Submit new diagrams, descriptions, etc.
– Update financial security if needed
– Notice is required
* All permits are subject to modification to update permit conditions
Applicable Statewide Rules
• Rule 8(3.8): Water Protection
• Rule 22 (3.22): Protection of Birds
• Rule 30 (3.30): Memorandum of Understanding between the RRC
and TCEQ
• Rule 57 (3.57): Reclaiming Tank Bottoms, Other Hydrocarbon
Wastes, and Other Waste Materials
• Rule 78 (3.78): Fees, Performance Bonds and Alternate Forms of
Financial Security Required to be Filed
• Rule 91 (3.91): Cleanup of Soil Contaminated by a Crude Oil Spill
• Rule 93 (3.93): Water Quality Certification
• Rule 98 (3.98): Standards for Management of Hazardous Oil and
Gas Waste
• Chapter 4, Subchapter B: Commercial Recycling
• Chapter 4, Subchapter F: Oil and Gas NORM
Online Resources
• Current Environmental Permits
– Permitted Commercial Disposal Facilities
– Permitted O&G Waste Haulers and Disposal Wells
• Available permit application forms
- Form H-11: Pit Permit Application
- Form R-2: Monthly Report for
Reclaiming Oil
- Form R-9: Reclamation Facility
Application
- Form CF-1: Commercial Facility Bond
- Form CF-2: Commercial Facility Letter
of Credit
- Form WH-1: Waste Hauler (WH)
Permit Application
- Form WH-2: WH List of Vehicles
- Form WH-3: WH’s Authority to Use
Waste Receiver
- Form H-20: Hazardous Waste
Generator Notification
- Form H-21: Hazardous Waste Report
Online Resources, Cont.
• Requirements for permit applications by letter of
request
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Discharge Hydrostatic Test Water
Discharge Gas Plant Effluent
Discharge Produced Water to Inland Waters
Discharge Produced Water to the Gulf of Mexico
Landfarm Water-Based Drilling Fluids
Landtreat Oil-Based Drilling Fluids
Land Apply Produced Water
Operate a Commercial Waste Separation Facility
Operate a Commercial Recycling Facility
Questions?
Environmental Permits and Support
Phone #: (512) 463-3840
Rusty Woodburn
Phone #: (512) 463-9928
rusty.woodburn@rrc.state.tx.us