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