# Detailing the Very Latest Regulations on the Construction of 

# Open Pits for Produced Water Storage to Enable Effective Planning 

# Texas Regulations Michael Sims, P.E. Sr. Engineer, Technical Permitting Oil & Gas Division, Railroad Commission of Texas

November 2014

# Topics to Be Covered

• Commission’s rule on water protection (Rule 8) • Big picture of the rule 

### • Discuss variety of pits • Authorized vs. Permitted Pits • Below Grade vs. Above Grade 

### • Non -Commercial Fluid Recycling Pit • Monitoring • Storage Tanks/Temporary Pits

# Overarching Consideration



# Under Rule 8 • Rule 3 . 8 (b) – No person 

# conducting activities subject to regulation by the commission may 

# cause or allow pollution of surface or subsurface water in the state .

# Areas Not Addressed in Rule 8

• No distinction made in minimum quantity or quality of groundwater that must be protected
• TCEQ groundwater classifications do not apply
• No exclusion for intermittent bodies of surface water

# Fluid Storage

# Authorized Pits

• Rule 8 authorizes some pits and requires a permit for other pits.
• Authorized pits include: • Reserve pit • Completion/Workover pit • Mud circulation pit • Fresh Makeup Water Pit
• Rule 3.8(b) “No pollution” still applies.
• Oversight of authorized pits mainly in District Office

# District Offices

# Authorized Pit Definitions Completion/Workover Pit
• Defined in Rule 8 as pit used for storage or disposal of spent completion fluids, workover fluids and drilling fluid, silt, debris, water, brine, oil scum, parrafin, or other materials which have been cleaned out of the wellbore of a well being completed or worked over.
• Note limitation to storage of waste from a well Fresh Makeup Water Pit
• Pit used in conjunction with drilling rig for storage of water used to make up drilling fluid

# Backfilling of Authorized Pits

• Backfill and compaction schedule contained within Rule 8
• Reserve pits • Dewater within 30 days ( Cl > 6,100 mg/L) or one year ( Cl <6,100 mg/L) of cessation of drilling operations • Backfill and compact within one year
• Completion/Workover Pits • Dewater within 30 days of well completion • Backfill and compact within 120 days of well completion
• Fresh Makeup Water Pits • Dewater, backfill, and compact within 1 year of cessation of drilling operations

# Permitted Pits

• If a pit is not authorized by Rule 8, a pit permit application must be filed with Environmental Permits and a permit issued before use of the pit can begin.
• Examples of types of pits that require a permit: • Disposal Pit • Collecting Pit • Fracture Flowback Storage Pit • Brine Pit • Skimming Pit
• Austin office responsible for permitting; District office responsible for inspecting

# Form H- 11 http://www.rrc.state.tx.us/forms/forms/og/pdf/FormH11p.pdf • To apply for a pit that requires a permit, complete Form H - 11:

# Highlights of Form H- 11
• Two perpendicular, sectional views of the 

## pit • If lined, information on liners 

## • Soil description • Notification to 

## surface owner • Pit location • Volume of pit • Information on dikes 

## • Pit dimensions • Depth to shallowest groundwater

# Potential Pit Permitting



# Roadblocks
• Incomplete Application
• Unsuitable Location
• Unresolved Lease Violations
• Engineer Certification
• Action Leakage Rate Calculations

# Rule 8 Amendments

• Authorizes new “non -commercial fluid recycling pit” to store water to be recycled or water that has already been treated but not yet used
• Non - commercial fluid recycling pits are authorized as long as: • Pit is lined • Two feet of freeboard is maintained • Pit is inspected periodically (Annual visual or double lined with leak detection and monitored monthly) • Landowner has given permission • Written notification provided to District office

# Other Clarifications from Rule



# 8 Amendments
• Authorized pits shall not be located in a 100-year floodplain • Variance procedures are in place if operator feels locating pit in 100-year floodplain cannot be avoided
• Clarifies that above ground containment rings with a liner are considered pits and must be authorized or permitted.

# Wastehauler Permits

• Third party trucking companies are required to have a wastehaulers permit to haul oil and gas waste, including flowback and produced water.
• Application requires general information about the wastehauler (Form WH - 1) and a list of all their trucks and/or trailers (Form WH -2)
• Disposal site operator must give waste hauler permission to use its disposal site (Form WH -3)
• Application fee is $250

# Wastehauler Issues

• Rule 8 requires that the wastehauler certify that all vehicles listed on its application are designed so they will not leak during transportation. • Especially in Eagle Ford area, large increase in incidents of waste being hauled in improper vehicles and spilling on the roads • Enforcement action pursued against wastehauler in these cases • Rule 8 also states no generator or receiver may knowingly utilize the services of an unpermitted carrier to transport oil and gas wastes. • If unpermitted carrier is used, Commission will pursue enforcement action against the wastehauler , the disposal site, and the generator of the waste.

# Contact Information
Michael Sims michael.sims@rrc.state.tx.us Environmental Permits Main Line 512.463.3840