Update on the Specifications of the 

Latest Water Disposal Regulations 

To Understand Steps to Take to 

Cost-Effectively Comply

A Texas Prospective

Michael Sims, P.E.

Engineer, Technical Permitting

Oil & Gas Division, Railroad Commission of Texas

November 2014
Topics to Be Covered

•Disposal Options

•Injection/Disposal Wells

•Surface Discharge

•Recycling/Reuse
Regulatory Background

• There are over 392,000 oil and gas 

industry wells in Texas

• The first injection well in Texas was 

permitted in 1936

• There are have been over 100,000 wells 

permitted for injection

• Over 52,000 have current permits, 

approximately 32,000 are active 
Statutory Authority

(Oil and Gas Division)

• Chapter 27 of the Texas Water Code:

• Well is in the public interest

• No harm to oil, gas, or other mineral formation

• Both ground and surface water protected

• Financial responsibility

• Various Chapters of the Natural Resources Code:
Railroad Commission Rules –

Permitting

• 16 TAC § 3.8 – Water Protection (pits, discharges, waste 

haulers)

• 16 TAC § 3.9 – Oil and Gas Waste Disposal into Nonproductive Formations (Chapter 27 of the Water Code)

• 16 TAC § 3.46 – Fluid Injection into Productive 

Formations (Natural Resources Code)
Permitting Requirements 

Generalized

• UIC Regulations of SDWA

• Notice and Hearing Opportunity

• Area of Review

• Surface Casing Requirements

• Base of UQGW vs USDW

• Geologic Requirements

• Production Casing cementing requirements

• Tubing/Packer
Notice and Hearing

• Surface owner notification

• Adjacent landowners (Commercial Disposal)

• Operators within 1⁄2 mile

• City clerk if within city limits

• Published in newspaper

• Protest – considered in public hearing
Area of Review

• Applicant for a disposal well permit must provide the 

data of record for wells that penetrate the proposed 

injection zone within (at least) one quarter (1/4) mile –

expanded when appropriate.

• Confirm wells have been plugged (or cased and 

cemented) in a manner that will prevent the movement 

of fluids into strata other than the authorized injection or 

disposal zone. 

• Tabulated data keyed to a corresponding map. 
Geologic Requirements

1. Verify that the proposed injection zone is adequately 

isolated by relatively impermeable strata to confine injected 

fluids to the proposed injection interval.

2. Proposed injection interval must be isolated from overlying 

usable quality water by a sufficient thickness of relatively 

impermeable strata (accumulative total of at least 250 feet 

of clay or shale). 
Completion Requirements:

Three “Degrees” of Separation Between Injection 

Stream and Groundwater

• 1st Degree – Surface casing set through entire interval deemed to 

have useable quality groundwater and cemented to ground surface

• 2

nd Degree – Long string casing with at least 400 – 600 feet of 

cement above injection interval

• 3

rd Degree – Tubing set on a mechanical packer within 100 feet of 

the top of the injection interval

2014 Rule Amendments

• Amendments to Rule 9 (Disposal into Non-Productive 

Formations) and Rule 46 (Injection Into Productive Reservoir) 

Adopted on October 28, 2014

• Amendments Became Effective November 17, 2014

• Rule amendments address operation of disposal wells in areas 

of historical or future seismic activity

• New Requirements Will Apply to Applications Received After 

Effective Date
New Requirements

• As part of application, applicant must submit a map showing 

any historical seismic activity within a 100 square mile area of 

any new proposed disposal well

• Equivalent of a 9 kilometer radius around the proposed well.

• Historic seismic activity can be obtained from the USGS

• Applicant may be required to submit pressure front 

calculations demonstrating the fluid will be confined to the 

proposed interval if conditions exist that pose an increased 

risk

• Complex geology, proximity to basement rock to injection interval, 

transmissive faults, and historical seismic events are conditions that 

may warrant future study
Other Changes

• Clarifies Commission staff’s ability to modify, suspend or 

terminate a disposal well permit if scientific data 

indicates the well is or is likely to contribute to seismic 

activity

• Possible modifications are reductions in volume and/or pressure 

or shutting in a well

• Clarifies staff may request more frequent reporting of 

volumes or pressures if staff determines there is a need 

for this information
Mechanical Integrity Testing

• Notify District Office in advance of conducting the MIT.

• Apply external pressure on the sealed casing/tubing/packer 

annulus of 200 to 500 psi.

• Record stabilized pressure for at least 30 minutes on pressure 

recording chart.

• File results on Form H-5.
24 Hour Security – Guard Shack Spill Containment Ring - Dike

Visual Alarm – Overfill Prevention Catch Basin – Load Line

Commercial Disposal Facility – Safety Requirements
Clarification on Domestic Sewage

• Domestic sewage generated at an oil and gas facility (drilling 

rig, commercial disposal well, etc.) is subject to RRC 

jurisdiction

• Staff is beginning to add language to permits to clarify that 

any domestic sewage systems at these facilities must be 

designed, constructed, and maintained by a licensed 

professional and the resulting waste must be handled in 

accordance with all applicable local, county, and state 

regulations.
Strategies for Obtaining UIC Permits

• Complete application- Carefully prepared and attentive to 

details

• Study geology and engineering of area and design, 

respectively, to confirm the project is feasible

• Strictly adhere to all rules affecting a complete application, 

administratively and technically
Injection/Storage Rule 

Amendments

• SWR 13 amendments have been adopted and are effective 

January 1, 2014 (Well Casing)

• Additional amendments to SWR 9 and 46 may begin 

sometime in 2015

• Informal draft and comment period in 2013

• Follow progress at this link:

• http://www.rrc.state.tx.us/rules/proposed.php
Discharges

• Several types of discharge permits are processed by 

Environmental Permits:

• Permit to Discharge Hydrostatic Test Water

• Permit to Discharge Produced Water to Inland Waters

• Permit to Discharge Produced Water to the Gulf of Mexico

• Permit to Discharge Gas Plant Effluent

• All permits in which effluent will reach surface water require 

both a RRC permit and a permit from EPA.

• Application fee to discharge to surface water is $750.
Discharge to Inland Waters

• Limited to produced 

water

• Must comply with 

Texas Surface Water 

Quality Standards

• East of 98th Meridianonly Carrizo Wilcox, 

Bartosh, Reklaw

formations

• West of 98th MeridianMust Be For Beneficial 

Reuse (Wildlife or 

Agriculture)
Fluid Recycling

• On-lease recycling of fluid is authorized by rule (no permit 

needed)

• Off-lease stand alone fluid recycling facility would require a 

permit under Chapter 4, Subchapter B

• No additional authority needed if the recycled water is reused 

in downhole operations

• No permit from RRC needed if water is reused in accordance 

with permit issued by another agency

• Permit always needed to discharge to surface water
Contact Information

Michael Sims

michael.sims@rrc.state.tx.us

Environmental Permits Main Line

512.463.3840

Injection/Storage Permits Main Line

512.463.6792