Discharges of Oil and Gas Waste
Contact information
512-463-3840 (main)
Tiffany Humberson
Environmental Permits and Support
tiffany.humberson@rrc.state.tx.us, or 512-463-4990
I. Laws, Rules and Jurisdiction for Discharges to Surface Water
A. Clean Water Act (CWA)* - establishes the basic structure for regulating discharges of
pollutants into the waters of the United States and regulating quality standards for
surface waters, including the National Pollutant Discharge Elimination System
(NPDES)* program, to protect the Nation's waters and directs Environmental
Protection Agency (EPA) to develop, implement, and enforce regulations consistent
with this law. The CWA made it unlawful to discharge any pollutant from a point
source into navigable waters, unless a permit was obtained.The EPA has not
authorized the Railroad Commission of Texas (RRC) to implement an independent
NPDES permit program. Discharges to surface water must be permitted by both EPA
and RRC.
B. Texas Surface Water Quality Standards (TSWQS)* utilized by the Texas
Commission of Environmental Quality (TCEQ) are located in Texas Administrative
Code (TAC), Title 30, Chapter 307, and were developed to maintain the quality of
surface waters in Texas, and to support public health, protect aquatic life and be
consistent with the sustainable economic development of the state.
1. Establish explicit goals for the quality of streams, rivers, lakes, and bays
throughout the state.
2. Permit restrictions are based on water quality and dilution of the receiving
bodies.
3. Receiving bodies are organized into segments, river basin, coastal basin, bay, and
gulf waters.
C. Section 26.131(b) of the Texas Water Code prohibits the Railroad Commission from
issuing a permit for any discharge that will cause a violation of the Texas Surface
Water Quality Standards adopted by the Texas Commission on Environmental
Quality (TCEQ).The RCRA metals* plus aluminum, copper, cyanide, nickel, and
zinc are of prime importance in oil and gas discharges, as water produced from oil
and gas formations may contain trace amounts of various metals. An applicant for a
discharge permit may be required to submit information to demonstrate that the
proposed discharge will not cause a violation of the standards.
D. The RRC has the jurisdiction to regulate the disposal of all oil and gas wastes.
II. Three major categories of discharges to surface waters
A. Hydrostatic Pressure Test Discharges
1. Hydrostatic tests are integrity tests using water to pressure test pipelines and
tanks. Most common are transmission and gathering lines.
2. They are authorized by a minor permit issued from the Austin office and is valid
for 60 days. Most applications are processed within 15 days.
3. If it is determined that the discharge may reach surface water, you may need a
permit from the EPA under the NPDES permit program and should contact EPA
Region 6* in Dallas for more information.
4. A permit is not required if all the following conditions are met:
i.
ii.
iii.
iv.
v.
The pipeline is a gathering line.
The pipe is new.
The test water is a good quality water source.
The volume of test water discharges is 10,000 gallons or less.
The test water is kept on the pipeline right-of-way and the landowner(s)
has been notified and not objected.
5. Types of Pipeline, (Definitions are from 49 CFR § 192.3- Code of Federal
Regulations. Hoop stress-it is the stress imposed by fluid on all sides of the pipe
when fluid flows inside the pipe or circumferential stress.)
i.
ii.
iii.
Transmission line means a pipeline, other than a gathering line, that: (1)
Transports gas from a gathering line or storage facility to a distribution
center, storage facility, or large volume customer that is not downstream from a distribution center; (2) operates at a hoop stress of 20
percent or more of SMYS (Specified Minimum Yield Strength); or (3)
transports gas within a storage field.
Gathering line means a pipeline that transports gas from a current
production facility to a transmission line or main.
Distribution line means a pipeline other than a gathering or transmission
line.
6. Common Application Mistakes
i.
Pipeline length for each segment to be tested must be provided. Often
the entire length of the project is provided with several testing segments.
ii.
iii.
iv.
The map does not show the fill point, length of pipeline and the
discharge point.
Cleaning procedures for used line. The minimum requirement must be
must be met and the pigging water cannot be discharged. (volume of 300
linear feet or 1000 gallons, whichever is greater)
Fee not included.
B. Gas Plant Effluent Discharges (GPE)
1. Common waste streams include:
i.
Cooling tower blow down
ii. Reverse osmosis (RO) reject stream
iii. Compressor condensation
2. Each requires an individual EPA permit to be submitted along with the RRC
application.
3. May not cause a violation of the Texas Surface Water Quality Standards
i.
pH: 6.0 to 9.0
ii. Biochemical oxygen demand (BOD)
a. Daily max: 30 mg/l
b. Monthly average: 20 mg/l
4. Additional testing parameters and conditions may be added based upon
preliminary results of water quality analysis or specific chemicals added prior to
discharge. Chlorides, phosphorus, and total dissolved solids (TDS) are common
additional parameters.
5. Analysis must be performed according to procedures approved in 40 CFR Part
136 and, where applicable, samples must be preserved as specified by these
procedures. Analysis must also be performed by a third party laboratory and be
National Environmental Laboratory Accreditation Program (NELAP) certified.
6. Common Application Mistakes
iii. Incomplete water quality analysis.
iv.
Not all waste streams identified.
v.
Treatments not described adequately.
vi.
Discharge point clearly identified.
7. Gas plant effluent can be managed through other permitting options. These
include, discharging into an evaporation pit/retention pit (Form H-11)*. Reverse
Osmosis reject water can also be land applied* by various irrigation methods.
C. Produced Water Discharges
There are four distinct regions for permitting produced water* discharges to surface
water.
1. Produced Water West of the 98th Meridian.
Not covered by a general EPA permit. Subject to Title 40 CFR Part 435 Subpart
E- Agricultural and Wildlife Water Use Subcategory
i.
§435.50 Applicability; description of the beneficial use subcategory.
The provisions of this subpart are applicable to those onshore facilities
located in the continental United States and west of the 98th meridian
for which the produced water has a use in agriculture or wildlife
propagation when discharged into navigable waters. These facilities are
engaged in the production, drilling, well completion, and well treatment
in the oil and gas extraction industry.
ii.
§435.51 Specialized definitions.
For the purpose of this subpart:
a. Except as provided below, the general definitions, abbreviations,
and methods of analysis set forth in 40 CFR part 401 shall apply
to this subpart.
b. The term “onshore” shall mean all land areas landward of the
territorial seas as defined in 40 CFR 125.1(gg).
c. The term “use in agricultural or wildlife propagation” means that
the produced water is of good enough quality to be used for
wildlife or livestock watering or other agricultural uses and that
the produced water is actually put to such use during periods of
discharge
iii.
Required Testing and Limits
a. Effluent limitation (mg/l).Oil and Grease Daily max: 35 mg/l,
Monthly average: 25 mg/l,
b. Flow recorded in barrels (bbls)
c. Additional testing parameters and limitations may be added
based on results of Water Analysis or chemicals in the discharge.
2. Produced Water East of the 98th Meridian, General Permit TXG 330000.
Subject to Title 40 CFR Part 435 Subpart D- Coastal Subcatergory- no discharge
of drilling fluids, drill cuttings or produced water with the only exception in the
Stripper* Subcatergory.
i.
ii.
iii.
Produced water must be from Carrizo/Wilcox, Reklaw, or Bartosh
formations.
Discharges into impaired waters may require an individual permit. Texas
Water Quality Assessment Report will identify impaired water bodies.
Required Testing and Limits
a. Effluent limitation (mg/l).Oil and Grease Daily max: 35 mg/l,
Monthly average: 25 mg/l,
b. TDS equal to or less than 3,000 mg/l,
iv.
c. 24-hour acute WET* test
d. Flow recorded in barrels(bbls)
e. Additional testing parameters and conditions may be added
based upon preliminary results of water quality analysis or
specific chemicals in the discharge.
Because of decreased transportation costs and the availability of
additional disposal options, fewer waste streams are authorized to be
discharged from oil and gas facilities located closer to shore. Facilities
which are located onshore in Region 6 generally are not authorized to
discharge. Wastes from onshore facilities can more easily be transported
to a disposal facility or disposed of on-site through deep well injection
than can offshore generated oil and gas waste.
3. Produced Water Discharged to the Territorial Seas General Permit TXG 260000
(No discharge of drilling fluids, or drill cuttings.)
i.
ii.
iii.
iv.
Authorized discharge of produced water.
Toxicity (WET) testing results must pass both acute* and chronic*
limits prior to any discharge.
May not cause a violation of the Texas Surface Water Quality Standards
Required Testing and Limits
a. Effluent limitation (mg/l).Oil and Grease Daily max: 42 mg/l,
Monthly average: 29 mg/l,
b. 7-day chronic WET test (NOEC)*
c. 24-hour acute WET test (LC50)*
d. Flow recorded in barrels (bbls)
e. Additional testing parameters and conditions may be added
based upon preliminary results of water quality analysis or
specific chemicals in the discharge.
4. Produced Water Discharged to the Outer Continental Shelf General Permit
GMG 290000.
i.
ii.
iii.
iv.
Authorized discharges for drilling fluids, drill cuttings, and produced
water.
Toxicity (WET) testing results must pass chronic limits.
May not cause a violation of the Texas Surface Water Quality Standards
Required Testing and Limits
a. Effluent limitation (mg/l).Oil and Grease Daily max: 42 mg/l,
Monthly average: 29 mg/l,
b. 7-day chronic WET test (NOEC)
c. Flow recorded in barrels (bbls)
d. Additional testing parameters and conditions may be added
based upon preliminary results of water quality analysis or
specific chemicals in the discharge.
5. Common Application Mistakes
i.
Well By Well production not given.
ii. Incomplete water analysis.
iii. Depth not provided.
iv.
Treatments not described.
6. Coastal Management Program
i.
Discharges must not adversely affect any critical area.
ii. A critical area is a coastal wetland, an oyster reef, a hard substrate reef,
submerged aquatic vegetation, or a tidal sand or mud flat.
iii. Discharge of produced water to bays, estuaries, and tidal areas with the
exception of the Gulf of Mexico, is no longer permitted.
7. Technical Permitting does not allow any additives that contain chromium or zinc
to be discharged.
III. Whole Effluent Toxicity
A. Whole Effluent Toxicity (WET) refers to the aggregate toxic effect to aquatic
organisms from all pollutants contained in a facility's wastewater (effluent). Total
toxicity is determined by exposing aquatic organisms to samples or dilutions of in
stream water or treated effluent. Also referred to as whole effluent toxicity or bio
monitoring.
B. In a WET test, aquatic organisms from fresh or saline water are placed in a mixture of
the receiving water diluted with the discharged effluent.
C. WET tests determine the acute and chronic effects on the aquatic organisms.
D. A WET test is passed by recording No Observable Effect Concentration at the
calculated critical dilution concentration. The NOEC (No Observed Effect
Concentration) is defined as the greatest effluent dilution which does not result in
lethality that is statistically different from the control (0% effluent) at the 95%
confidence level.
IV.
Best Management Practices (BMPs)
A. A section within the Storm Water Pollution Prevention (SWP3) must be developed to
establish BMPs to reduce the discharge and potential discharge of pollutants in storm
water and to minimize exposure of areas of the site with industrial activity to storm
water. The location and type of BMPs or control measures that have been adopted or
installed must be documented in the SWP3. Development of BMPs must be based on
the activities and potentials for contamination that are identified in the facility
operations.
B. Examples of BMPs that the permittee may use to comply with this section include the
following:
1. use grading, berming, or curbing when possible to prevent runoff of contaminated
flows and to divert runon away from these areas;
2. locate materials, equipment, and activities in such a way that leaks are contained
in existing containment and diversion systems;
3. clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent
the discharge of pollutants;
4. use drip pans and absorbents under or around leaky vehicles and equipment or
store indoors where feasible;
5. use spill/overflow protection equipment;
6. drain fluids from equipment and vehicles prior to on-site storage or disposal;
7. perform cleaning operations indoors, within storm resistant shelters, or within
bermed areas that prevent runoff and runon and that also that capture overspray;
8. ensure that waste, garbage, and floatable debris are not discharged to receiving
waters, by keeping exposed areas free of such materials or by intercepting them
before they are discharged;
9. minimize generation of dust and off-site tracking of raw materials, intermediate
products, final products, or waste materials; and
10. divert, infiltrate, reuse, contain, or otherwise reduce storm water runoff, in order
to minimize pollutants in discharges.
C. Good Housekeeping Measures.
A section must be developed to ensure that areas of the facility that contribute or
potentially contribute pollutants to storm water discharges (e.g., areas around trash
dumpsters, storage areas, loading docks, and outdoor processing areas) are
maintained in a clean and orderly manner. Good housekeeping measures must include
measures to eliminate or reduce exposure of garbage and refuse materials to
precipitation or runoff prior to their disposal. Typical good housekeeping measures
include activities that are performed on a daily basis by employees during the course
of normal work activities. The good housekeeping measures must be incorporated as
a part of the employee training program.
D. Erosion and Sedimentation Control Measures.
A section in SWP3 must be developed to address soil erosion and sedimentation. The
permittee shall evaluate and use appropriate measures and controls to reduce soil
erosion and sedimentation in areas of the facility with demonstrated or potential soil
erosion and sedimentation.
Potential use of the following controls must be evaluated, at a minimum: soil
stabilization through vegetative cover; contouring slopes; paving; and installation of
structural controls.
Definitions
Acute toxicity-Toxicity that exerts a stimulus severe enough to rapidly induce an effect. The
duration of exposure applicable to acute toxicity is typically 96 hours or less. Tests of total
toxicity normally use lethality as the measure of acute impacts. (Direct thermal impacts are
excluded from definitions of toxicity.)
Chronic toxicity-Toxicity that continues for a long-term period after exposure to toxic
substances. Chronic exposure produces sub-lethal effects, such as growth impairment and
reduced reproductive success, but it may also produce lethality. The duration of exposure
applicable to the most common chronic toxicity test is seven days or more.
CWA made it unlawful to discharge any pollutant from a point source into navigable waters,
unless a permit was obtained. EPA's National Pollutant Discharge Elimination System
(NPDES) permit program controls discharges. Point sources are discrete conveyances such as
pipes or man-made ditches. Individual homes that are connected to a municipal system, use a
septic system, or do not have a surface discharge do not need an NPDES permit; however,
industrial, municipal, and other facilities must obtain permits if their discharges go directly to
surface waters. (http://www2.epa.gov/lawsregulations/summary-clean-water-act)
EC50 -The concentration of a toxicant that produces an adverse effect on 50% of the
organisms tested in a specified time period.
Impaired Water. A surface water body that is identified on the latest approved Clean Water
Act §303(d) List as not meeting applicable state water quality standards. Impaired waters
include waters with approved or established total maximum daily loads (TMDLs) and those
where a TMDL has been proposed by TCEQ but has not yet been approved or established
LC50 -The concentration of a toxicant that is lethal (fatal) to 50% of the organisms tested in
a specified time period.
Minimum analytical level- (MAL)-The lowest concentration that a particular substance can
be quantitatively measured with a defined accuracy and precision level using approved
analytical methods. The minimum analytical level is not the published MDL for a United
States Environmental Protection Agency (EPA)-approved analytical method that is based on
laboratory analysis of the substance in reagent (distilled) water. The minimum analytical
level is based on analyses of the analyte in the matrix of concern (e.g., wastewater effluents).
The commission establishes general minimum analytical levels that are applicable when
information on matrix-specific minimum analytical levels is unavailable.
National Pollutant Discharge Elimination System (NPDES) (from 40 CFR §122.2). The
national program for issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements, under CWA
§§307,402, 318, and 405. The term includes an "approved program." Non-structural
Controls. Pollution prevention methods that are not physically constructed, including best
management practices used to prevent or reduce the discharge of pollutants.
Non-structural Controls. Pollution prevention methods that are not physically constructed,
including best management practices used to prevent or reduce the discharge of pollutants.
Pollution-The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water in the state that renders the water harmful, detrimental, or
injurious to humans, animal life, vegetation, or property or to the public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or
reasonable purpose.
Produced Water-Produced water is water from underground formations that is brought to the
surface during oil or gas production.
RCRA Metals- arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver.
Segment A water body or portion of a water body that is individually defined and classified
in Appendices A and C of §307.10 of this title in the Texas Surface Water Quality Standards.
A segment is intended to have relatively homogeneous chemical, physical, and hydrological
characteristics. A segment provides a basic unit for assigning site-specific standards and for
applying water quality management programs of the agency. Classified segments may
include streams, rivers, bays, estuaries, wetlands, lakes, or reservoirs.
Stream order-A classification of stream size, where the smallest, unbranched tributaries of a
drainage basin are designated first order streams. Where two first order streams join, a
second order stream is formed; where two second order streams join, a third order stream is
formed, etc. For purposes of water quality standards application, stream order is determined
from United States Geological Survey topographic maps with a scale of 1:24,000.
Stripper Wells-an oil well whose production has declined to less than ten barrels a day.
Structural Controls. Physical or constructed features, such as silt fencing, sediment traps, and
detention/retention ponds that prevent or reduce the discharge of pollutants.
Surface water in the state--Lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the
territorial limits of the state as defined in the Texas Water Code, §26.001, and all other
bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the beds and banks of all water-courses and bodies of surface
water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of
the state; except that waters in treatment systems that are authorized by state or federal law,
regulation, or permit, and that are created for the purpose of waste treatment are not
considered to be water in the state.
Tidal Waters. Those waters of the Gulf of Mexico within the jurisdiction of the State of
Texas, bays and estuaries, and those portions of rivers and streams that are subject to the ebb
and flow of the tides and that are subject to the intrusion of marine waters.
To Discharge-Includes to deposit, conduct, drain, emit, throw, run, allow seeping, or
otherwise releasing or disposing of, or to allow, permit, or suffer any of these acts or
omissions.
Waters of the United States (from 40 Code of Federal Regulations §122.2). Waters of the
United States or waters of the U.S. means:
(a) all waters that are currently used, were used in the past, or may be susceptible to use
ininterstate or foreign commerce, including all waters that are subject to the ebb and flow
of the tide;
(b) all interstate waters, including interstate wetlands;
(c) all other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds that the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including any such waters:
(1) that are or could be used by interstate or foreign travelers for recreational or
other purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
(3) that are used or could be used for industrial purposes by industries in interstate
commerce;
(d) all impoundments of waters otherwise defined as waters of the United States under
this definition;
(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f) the territorial sea; and
(g) wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in paragraphs (a) through (f) of this definition.
Useful Links and References

Clean Water Act (CWA),

http://www2.epa.gov/laws-regulations/summary-clean-water-act
Surface Water Quality Viewer, locate and identify segment numbers for receiving waters.
http://tceq4apmgwebp1.tceq.texas.gov:8080/segments/default.htm

Texas Water Quality Assessment Report provides a water quality data and identifies
impaired water bodies. View the Texas 303(d) list and probable causes for impairment.
http://iaspub.epa.gov/tmdl_waters10/attains_state.control?p_state=TX

EPA Region 6,
http://www.epa.gov/region6/)

HT Application,
http://new.rrc.state.tx.us/oil-gas/applications-and-permits/environmental-permit-typesinformation/hydrostatic-test-discharges-minor-and-otherpermits/hydrostatictestwater1change/

GPE discharge application,
http://new.rrc.state.tx.us/oil-gas/applications-and-permits/environmental-permit-typesinformation/discharges/gasplanteffluent/

Form H-11,
http://new.rrc.state.tx.us/oil-gas/applications-and-permits/environmental-permit-typesinformation/pits/

Land Apply Produced Water Application,
http://new.rrc.state.tx.us/oil-gas/applications-and-permits/environmental-permit-typesinformation/landfarms-and-landtreatment-facilities/landapply/

From the EPA website
Notice of Permit Modification – TXG330000 - The Environmental Protection Agency
(EPA), Region 6, plans to modify the National Pollutant Discharge Elimination System
(NPDES) general permit for the Coastal Waters of Texas (No. TXG330000) for
discharges from existing and new dischargers and New Sources in the Coastal
Subcategory of the Oil and Gas Extraction Point Source Category as authorized by
section 402 of the Clean Water Act, 33 U.S.C. 1342. The proposed modification would
restore eligibility for certain inland dischargers found in the previous version of the
permit and add freshwater toxicity tests for discharges to fresh waters. A Federal Register
notice in early December 2013 will announce availability of the draft permit and
supporting documents for public review and provide both the dates of the public
comment
period
and
instructions
on
how
to
submit
comments.
For more information, please contact Ms. Diane Smith, U. S. Environmental Protection
Agency, at (214) 665-2145 or smith.diane@epa.gov.

Draft Permit Modifications are available for viewing and so are the NPDES general
permits at the link below;
http://www.epa.gov/region6/water/npdes/genpermit/index.htm

Some definitions were taken directly from the TSWQS published February 2014.
(§§307.1 - 307.10),
http://www.tceq.texas.gov/assets/public/waterquality/standards/tswqs_2014/TSWQ2014
Rule.pdf