reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.244 - Minimum Permit Provisions for Closure

Current through Reg. 49, No. 28; July 12, 2024
A permit for an off-lease centralized commercial solid
						oil and gas waste recycling facility issued pursuant to this division shall
						include closure standards and any requirement reasonably necessary to ensure
						that the permittee can meet the standards. The Commission shall determine the
						closure standards for a particular facility based on the type of materials
						stored, handled and treated at the facility, and the design and construction of
						the facility. A permit may include requirements for removal of all waste,
						partially treated waste, and recyclable product; removal of dikes, storage,
						liners, and equipment; recontouring of the land; collection and analyzing of
						soil and groundwater samples from the facility property; and post-closure
						monitoring.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.245 - Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
Before the expiration of a permit issued pursuant to this
						division, the permittee may submit an application to renew the permit. An
						application for renewal of an existing permit issued pursuant to this division
						or §
											RSA
						3.8 of this title (relating to Water
						Protection) shall be submitted in writing a minimum of 60 days before the
						expiration date of the permit and shall include the permittee's permit number.
						The application shall comply with the requirements of §
											RSA
						4.230 of this title (relating to General
						Permit Application Requirements for Off-Lease or Centralized Commercial Solid
						Oil and Gas Waste Recycling), and the notice requirements of §
											RSA 4.238 of
						this title (relating to Notice). The director may require the applicant to
						comply with any of the requirements of §§
											RSA
						4.231-
						RSA
						4.237 of this title (relating to Minimum
						Engineering and Geologic Information; Minimum Siting Information; Minimum Real
						Property Information; Minimum Design and Construction Information; Minimum
						Operating Information; Minimum Monitoring Information; and Minimum Closure
						Information), depending on any changes made or planned to the construction,
						operation, monitoring, and/or closure of the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.246 - General Permit Application Requirements for a Stationary Commercial Solid Oil and Gas Waste Recycling Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 application for a permit for a stationary commercial solid oil and gas waste
					 recycling facility shall be filed with the Commission's headquarters office in
					 Austin. The applicant shall mail or deliver a copy of the application to the
					 Commission District Office for the county in which the facility is to be
					 located on the same day the original application is mailed or delivered to the
					 Commission's headquarters office in Austin. A permit application shall be
					 considered filed with the Commission on the date it is received by the
					 Commission's headquarters office in Austin.
(b) The permit application shall contain the
					 applicant's name; organizational report number; physical office and, if
					 different, mailing address; facility address; telephone number; and facsimile
					 transmission (fax) number; and the name of a contact person. A permit for a
					 stationary commercial recycling facility also shall contain the facility
					 address.
(c) The permit application
					 shall contain information addressing each applicable application requirement of
					 this division and all information necessary to initiate the final review by the
					 director. The director shall neither administratively approve an application
					 nor refer an application to hearing unless the director has determined that the
					 application is administratively complete. If the director determines that an
					 application is incomplete, the director shall notify the applicant in writing
					 and shall describe the specific information required to complete the
					 application. An applicant may make no more than two supplemental filings to
					 complete an application.
(d) The
					 permit application shall contain an original signature in ink, the date of
					 signing, and the following certification: "I certify that I am authorized to
					 make this application, that this application was prepared by me or under my
					 supervision and direction, and that the data and facts stated herein are true,
					 correct, and complete to the best of my knowledge."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.247 - Minimum Engineering and Geologic Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may require a permit
					 applicant for a stationary commercial solid oil and gas waste recycling
					 facility to provide the Commission with engineering, geological, or other
					 information which the director deems necessary to show that issuance of the
					 permit will not result in the waste of oil, gas, or geothermal resources, the
					 pollution of surface or subsurface water, or a threat to the public health or
					 safety.
(b) Engineering and
					 geologic work products prepared by the applicant shall be sealed by a
					 registered engineer or geologist, respectively, as required by the Texas
					 Occupations Code, Chapters 1001 and 1002.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.248 - Minimum Siting Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial solid
						oil and gas waste recycling facility shall include:
(1) a description of the proposed facility
					 site and surrounding area;
(2) the
					 name, physical address and, if different, mailing address; telephone number;
					 and facsimile transmission (fax) number of every owner of the tract on which
					 the facility is to be located. If any owner is not an individual, the applicant
					 shall include the name of a contact person for that owner;
(3) the depth to the shallowest subsurface
					 water and the direction of groundwater flow at the proposed site, and the
					 source of this information;
(4) the
					 average annual precipitation and evaporation at the proposed site and the
					 source of this information;
(5) the
					 identification of the soil and subsoil by typical name and description of the
					 approximate proportion of grain sizes, texture, consistency, moisture
					 condition, and other pertinent characteristics, and the source of this
					 information;
(6) a copy of a county
					 highway map with a scale and north arrow showing the location of the proposed
					 facility; and
(7) a complete,
					 original 7 1/2 minute United States Geological Survey topographic quadrangle
					 map clearly indicating the outline of the proposed facility; the location of
					 any pipelines that underlay the facility but are not included on the
					 topographic map; and the location of the 100-year flood plain and the source of
					 the flood plain information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.249 - Minimum Real Property Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 permit application for a stationary commercial solid oil and gas waste
					 recycling facility shall include a copy of the signed lease agreement between
					 the applicant and the owner of the tract upon which the facility is to be
					 located.
(b) A permit application
					 for a stationary commercial solid oil and gas waste recycling facility shall
					 identify the location of the facility by including a plat or plats showing:
(1) a scale and north arrow showing the tract
					 size in square feet or acres, the section/survey lines, and the survey name and
					 abstract number;
(2) the site
					 coordinates in degrees, minutes, and seconds of longitude and
					 latitude;
(3) a clear outline of
					 the proposed facility's boundaries;
(4) all tracts adjoining the tract upon which
					 the facility is to be located;
(5)
					 the name of the surface owner or owners of such adjoining tracts; and
(6) the distance from the facility's
					 outermost perimeter boundary to water wells, residences, schools, churches, or
					 hospitals that are within 500 feet of the boundary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.250 - Minimum Design and Construction Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit application for a stationary
					 commercial solid oil and gas waste recycling facility shall include the layout
					 and design of the facility by including a plat drawn to scale with north arrow
					 to top of the map showing the location and information on the design and size
					 of all receiving, processing, and storage areas and all equipment (e.g., pug
					 mill), tanks, silos, monitor wells, dikes, fences, and access roads.
(b) A permit application for a stationary
					 commercial solid oil and gas waste recycling facility also shall include:
(1) a description of the type and thickness
					 of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos,
					 pits, and storage areas/cells;
(2)
					 for storage areas where tanks and/or liners are not used, credible engineering
					 and/or geologic information demonstrating that tanks or liners are not
					 necessary for the protection of surface and subsurface water;
(3) a map view and two perpendicular
					 cross-sectional views of pits and/or storage areas/cells to be constructed,
					 showing the bottom, sides, and dikes, showing the dimensions of each;
(4) a plan to control and manage storm water
					 runoff and to retain incoming wastes during wet weather, including the location
					 and dimensions of dikes and/or storage basins that would collect storm water
					 from the facility during a 25-year, 24-hour maximum rainfall event, and all
					 calculations made to determine the required capacity and design; and
(5) a plan for the installation of monitoring
					 wells at the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.251 - Minimum Operating Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial solid
						oil and gas waste recycling facility shall include the following operating
						information:
(1) the estimated maximum
					 volume of untreated oil and gas waste and partially treated oil and gas waste
					 to be stored at the facility;
(2)
					 the estimated maximum volume and time that the recyclable product will be
					 stored at the facility;
(3) a plan
					 to control unauthorized access to the facility;
(4) a detailed waste acceptance plan that:
(A) identifies anticipated volumes and
					 specific types of wastes (e.g., oil-based drilling fluid and cuttings, crude
					 oil-contaminated soils, production tank bottoms, etc.) to be accepted at the
					 facility for treatment and recycling; and
(B) provides for testing of wastes to be
					 processed to ensure that only oil and gas waste authorized by this division or
					 the permit will be received at the facility;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.252 - Minimum Monitoring Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial solid
						oil and gas waste recycling facility shall include:
(1) a sampling plan for the partially treated
					 waste to ensure compliance with permit conditions;
(2) a plan for sampling any monitoring wells
					 at the facility as required by the permit and this division; and
(3) a plan and schedule for conducting
					 periodic inspections, including plans to inspect equipment, processing, and
					 storage areas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.253 - Minimum Closure Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial solid
						oil and gas waste recycling facility shall include a detailed plan for closure
						of the facility when operations terminate. The closure plan shall address how
						the applicant intends to:
(1) remove
					 waste, partially treated waste, and/or recyclable product from the
					 facility;
(2) close all storage
					 areas/cells;
(3) remove
					 dikes;
(4) contour and reseed
					 disturbed areas;
(5) sample and
					 analyze soil and groundwater throughout the facility; and
(6) plug groundwater monitoring
					 wells.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.254 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 applicant for a stationary commercial solid oil and gas waste recycling
					 facility shall publish notice and file proof of publication in accordance with
					 the following requirements.
(1) A permit
					 applicant shall publish notice of the application in a newspaper of general
					 circulation in the county in which the proposed facility will be located at
					 least once each week for two consecutive weeks with the first publication
					 occurring not earlier than the date the application is filed with the
					 Commission and not later than the 30th day after the date on which the
					 application is filed with the Commission.
(2) The published notice shall:
(A) be entitled, "Notice of Application for
					 Commercial Solid Oil and Gas Waste Recycling Facility";
(B) provide the date the applicant filed the
					 application with the Commission for the permit;
(C) identify the name of the
					 applicant;
(D) state the physical
					 address of the proposed facility and its location in relation to the nearest
					 municipality or community;
(E)
					 identify the owner or owners of the property upon which the proposed facility
					 will be located;
(F) state that
					 affected persons may protest the application by filing a protest with the
					 Railroad Commission within 15 days of the last date of publication;
					 and
(G) provide the address to
					 which protests may be mailed.
(3) The applicant shall submit to the
					 Commission proof that the applicant published notice as required by this
					 section. Proof of publication of the notice shall consist of a sworn affidavit
					 from the newspaper publisher that states the dates on which the notice was
					 published and the county or counties in which the newspaper is of general
					 circulation, and to which are attached the tear sheets of the published
					 notices.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.255 - General Permit Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 for a stationary commercial solid oil and gas waste recycling facility issued
					 pursuant to this division shall be issued for a term of not more than five
					 years. Permits issued pursuant to this division may be renewed, but are not
					 transferable to another operator without the written approval of the
					 director.
(b) A permit for a
					 stationary commercial solid oil and gas waste recycling facility issued
					 pursuant to this division shall require that, prior to operating, a stationary
					 commercial solid oil and gas waste recycling facility comply with the financial
					 security requirements of Texas Natural Resources Code, §
											RSA
					 91.109, relating to Financial Security for
					 Persons Involved in Activities Other than Operation of Wells, as implemented by
					 §
											RSA
					 3.78 of this title (relating to Fees and
					 Financial Security Requirements).
(c) A permit for a stationary commercial
					 solid oil and gas waste recycling facility shall include a condition requiring
					 that the permittee notify the surface owner of the tract upon which recycling
					 will take place and the appropriate Commission district office before recycling
					 operations commence on each tract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.256 - Minimum Permit Provisions for Siting

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a stationary commercial
					 solid oil and gas waste recycling facility may be issued only if the director
					 or the Commission determines that the facility is to be located in an area
					 where there is no unreasonable risk of pollution or threat to public health or
					 safety.
(b) A stationary commercial
					 solid oil and gas waste recycling facility permitted pursuant to this division
					 and after the effective date of this division shall not be located:
(1) within a 100-year flood plain, in a
					 streambed, or in a sensitive area as defined by §
												RSA
					 3.91 of this title (relating to Cleanup of
					 Soil Contaminated by a Crude Oil Spill); or
(2) within 150 feet of surface water or
					 public, domestic, or irrigation water wells.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.257 - Minimum Permit Provisions for Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit issued pursuant to this division
					 for a stationary commercial solid oil and gas waste recycling facility shall
					 contain any requirement that the director or the Commission determines to be
					 reasonably necessary to ensure that:
(1) the
					 design and construction of storage areas, containment dikes, and processing
					 areas minimize contact of oil and gas waste and partially recycled waste with
					 the ground surface, and prevent pollution of surface and subsurface
					 water;
(2) the pollution of surface
					 and subsurface water from spills, leachate, and/or discharges from the facility
					 is prevented by:
(A) prohibiting the
					 unauthorized discharge of oil and gas waste and other substances or materials,
					 including contaminated storm water runoff, from the facility to the land
					 surface at and adjacent to the facility or to surface and subsurface
					 water;
(B) requiring that the
					 permittee control and remediate spills at the facility; and
(C) requiring that the permittee make regular
					 inspections of the facility; and
(3) the design and construction of the
					 facility allows for monitoring for, and detection of, any migration of oil and
					 gas waste or other substance or material from the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.258 - Minimum Permit Provisions for Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a stationary commercial
					 solid oil and gas waste recycling facility issued pursuant to this division
					 shall contain requirements the Commission determines to be reasonably necessary
					 to ensure that:
(1) only wastes and other
					 materials authorized by the permit are received at the facility, including
					 requirements that the permittee test incoming oil and gas waste and keep
					 records of amounts and sources of incoming wastes; and
(2) the processing operation and resulting
					 recyclable product meet the environmental and engineering standards established
					 in the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.259 - Minimum Permit Provisions for Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a stationary commercial
					 solid oil and gas waste recycling facility issued pursuant to this division
					 shall include monitoring requirements the director or Commission determines to
					 be reasonably necessary to ensure that the recyclable product meets the
					 environmental and engineering standards established by the director or the
					 Commission and included in the permit.
(b) Consistent with the requirements of
					 §
											RSA
					 4.208 of this title (relating to General
					 Standards for Permit Issuance), the director or the Commission shall establish
					 and include in the permit for a stationary commercial solid oil and gas waste
					 recycling facility the parameters for which the partially treated waste is to
					 be tested, and the limitations on those parameters based on:
(1) the type of oil and gas waste to be
					 accepted at the commercial recycling facility; and
(2) the intended use for the recyclable
					 product.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.260 - Minimum Permit Provisions for Closure

Current through Reg. 49, No. 28; July 12, 2024
A permit for a stationary commercial solid oil and gas
						waste recycling facility issued pursuant to this division shall include closure
						standards and any requirement reasonably necessary to ensure that the permittee
						can meet the standards. The Commission shall determine the closure standards
						for a particular facility based on the type of materials stored, handled and
						treated at the facility, and the design and construction of the facility. A
						permit may include requirements for removal of all waste, partially treated
						waste, and recyclable product; removal of dikes, storage, liners, and
						equipment; recontouring of the land; collection and analyzing of soil and
						groundwater samples from the facility property; and post-closure
						monitoring.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 4 - REQUIREMENTS FOR STATIONARY COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING FACILITIES › Section 4.261 - Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
Before the expiration of a permit issued pursuant to this
						division, the permittee may submit an application to renew the permit. An
						application for renewal of an existing permit issued pursuant to this division
						or §
											RSA
						3.8 of this title (relating to Water
						Protection) shall be submitted in writing a minimum of 60 days before the
						expiration date of the permit and shall include the permittee's permit number.
						The application shall comply with the requirements of §
											RSA
						4.246 of this title (relating to General
						Permit Application Requirements for a Stationary Commercial Solid Oil and Gas
						Waste Recycling Facility), and the notice requirements of §
											RSA 4.254 of
						this title (relating to Notice). The director may require the applicant to
						comply with any of the requirements of §§
											RSA
						4.247-
						RSA
						4.253 of this title (relating to Minimum
						Engineering and Geologic Information; Minimum Siting Information; Minimum Real
						Property Information; Minimum Design and Construction Information; Minimum
						Operating Information; Minimum Monitoring Information; and Minimum Closure
						Information), depending on any changes made or planned to the construction,
						operation, monitoring, and/or closure of the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.262 - General Permit Application Requirements for Off-Lease Commercial Recycling of Fluid

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
					 for a permit for off-lease commercial recycling of fluid shall be filed with
					 the Commission's headquarters office in Austin. The applicant shall mail or
					 deliver a copy of the application to the Commission District Office for the
					 county in which the facility is to be located on the same day the original
					 application is mailed or delivered to the Commission's headquarters office in
					 Austin. A permit application shall be considered filed with the Commission on
					 the date it is received by the Commission's headquarters office in
					 Austin.
(b) The permit application
					 shall contain the applicant's name; organizational report number; physical
					 office and, if different, mailing address; facility address; telephone number;
					 and facsimile transmission (fax) number; and the name of a contact person. A
					 permit for a stationary commercial recycling facility also shall contain the
					 facility address.
(c) The permit
					 application shall contain information addressing each applicable application
					 requirement of this division and all information necessary to initiate the
					 final review by the director. The director shall determine that the application
					 is administratively complete prior to administratively approving an application
					 or referring an application to hearing. If the director determines that an
					 application is incomplete, the director shall notify the applicant in writing
					 and shall describe the specific information required to complete the
					 application. An applicant may make no more than two supplemental filings to
					 complete an application.
(d) The
					 permit application shall contain an original signature in ink, the date of
					 signing, and the following certification: "I certify that I am authorized to
					 make this application, that this application was prepared by me or under my
					 supervision and direction, and that the data and facts stated herein are true,
					 correct, and complete to the best of my knowledge."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.263 - Minimum Engineering and Geologic Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may require a permit
					 applicant for off-lease commercial recycling of fluid to provide the Commission
					 with engineering, geological, or other information which the director deems
					 necessary to show that issuance of the permit will not result in the waste of
					 oil, gas, or geothermal resources, the pollution of surface or subsurface
					 water, or a threat to the public health or safety.
(b) Engineering and geologic work products
					 prepared by the applicant shall be sealed by a registered engineer or
					 geologist, respectively, as required by the Texas Occupations Code, Chapters
					 1001 and 1002.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.264 - Minimum Siting Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease commercial recycling
						of fluid shall include:
(1) a
					 description of the proposed facility site and surrounding area;
(2) the name, physical address and, if
					 different, mailing address; telephone number; and facsimile transmission (fax)
					 number of every owner of the tract on which the facility is to be located. If
					 any owner is not an individual, the applicant shall include the name of a
					 contact person for that owner;
(3)
					 the depth to the shallowest subsurface water and the direction of groundwater
					 flow at the proposed site, and the source of this information;
(4) the average annual precipitation and
					 evaporation at the proposed site and the source of this information;
(5) the identification of the soil and
					 subsoil by typical name and description of the approximate proportion of grain
					 sizes, texture, consistency, moisture condition, and other pertinent
					 characteristics, and the source of this information;
(6) a copy of a county highway map with a
					 scale and north arrow showing the location of the proposed facility;
					 and
(7) a complete, original 7 1/2
					 minute United States Geological Survey topographic quadrangle map clearly
					 indicating the outline of the proposed facility; the location of any pipelines
					 that underlay the facility but are not included on the topographic map; and the
					 location of the 100-year flood plain and the source of the flood plain
					 information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.265 - Minimum Real Property Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 permit application for off-lease commercial recycling of fluid shall include a
					 copy of the signed lease agreement between the applicant and the owner of the
					 tract upon which the facility is to be located.
(b) A permit application for off-lease
					 commercial recycling of fluid shall identify the location of the facility by
					 including a plat or plats showing:
(1) a
					 scale and north arrow showing the tract size in square feet or acres, the
					 section/survey lines, and the survey name and abstract number;
(2) the site coordinates in degrees, minutes,
					 and seconds of longitude and latitude;
(3) a clear outline of the proposed
					 facility's boundaries;
(4) all
					 tracts adjoining the tract upon which the facility is to be located;
(5) the name of the surface owner or owners
					 of such adjoining tracts; and
(6)
					 the distance from the facility's outermost perimeter boundary to water wells,
					 residences, schools, churches, or hospitals that are within 500 feet of the
					 boundary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.266 - Minimum Design and Construction Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit application for off-lease
					 commercial recycling of fluid shall include the layout and design of the
					 facility by including a plat drawn to scale with north arrow to top of the map
					 showing the location and information on the design and size of all receiving,
					 processing, and storage areas and all equipment, tanks, silos, monitor wells,
					 dikes, fences, and access roads.
(b) A permit application for off-lease
					 commercial recycling of fluid also shall include:
(1) a description of the type and thickness
					 of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos,
					 pits, and storage areas/cells;
(2)
					 for storage areas where tanks and/or liners are not used, credible engineering
					 and/or geologic information demonstrating that tanks or liners are not
					 necessary for the protection of surface and subsurface water;
(3) a map view and two perpendicular
					 cross-sectional views of pits and/or storage areas/cells to be constructed,
					 showing the bottom, sides, and dikes, showing the dimensions of each;
					 and
(4) a plan to control and
					 manage storm water runoff and to retain incoming wastes during wet weather,
					 including the location and dimensions of dikes and/or storage basins that would
					 collect storm water from the facility during a 25-year, 24-hour maximum
					 rainfall event, and all calculations made to determine the required capacity
					 and design.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.267 - Minimum Operating Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease commercial recycling
						of fluid shall include the following operating information:
(1) the estimated maximum volume of untreated
					 oil and gas waste and partially treated oil and gas waste to be stored at the
					 facility;
(2) the estimated maximum
					 volume and time that the recyclable product will be stored at the
					 facility;
(3) a plan to control
					 unauthorized access to the facility;
(4) a detailed waste acceptance plan that:
(A) identifies anticipated volumes and
					 specific types of wastes (e.g., hydraulic fracturing flowback fluid and/or
					 produced water) to be accepted at the facility for treatment and recycling;
					 and
(B) provides for testing of
					 wastes to be processed to ensure that only oil and gas waste authorized by this
					 division or the permit will be received at the facility;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.268 - Minimum Monitoring Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease commercial recycling
						of fluid shall include:
(1) a sampling
					 plan for the partially treated waste to ensure compliance with permit
					 conditions;
(2) a plan for sampling
					 any monitoring wells at an off-lease commercial recycling of fluid facility as
					 required by the permit and this division; and
(3) a plan and schedule for conducting
					 periodic inspections, including plans to inspect equipment, processing, and
					 storage areas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.269 - Minimum Closure Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease commercial recycling
						of fluid shall include a detailed plan for closure of the facility when
						operations terminate. The closure plan shall address how the applicant intends
						to:
(1) remove waste, partially
					 treated waste, and/or recyclable product from the facility;
(2) close all storage areas/cells;
(3) remove dikes and equipment;
(4) contour and reseed disturbed
					 areas;
(5) sample and analyze soil
					 and groundwater throughout the facility; and
(6) plug groundwater monitoring
					 wells.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.270 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 applicant for off-lease commercial recycling of fluid shall give personal
					 notice and file proof of such notice in accordance with the following
					 requirements.
(1) The applicant shall mail or
					 deliver notice to the following persons on or after the date the application is
					 filed with the Commission's headquarters office in Austin:
(A) the surface owner or owners of the tract
					 upon which the commercial recycling facility will be located;
(B) the city clerk or other appropriate
					 official, if the tract upon which the facility will be located lies within the
					 corporate limits of an incorporated city, town, or village;
(C) the surface owners of tracts adjoining
					 the tract on which the proposed facility will be located, unless the boundary
					 with the adjoining tract is a distance of 1/2-mile or greater from the
					 fenceline or edge of the facility as shown on the plat required under §
													RSA
					 4.265<subdiv>(b)</subdiv> of this
					 title (relating to Minimum Real Property Information); and
(D) any affected person or class of persons
					 that the director determines should receive notice of a particular
					 application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.271 - General Permit Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 for off-lease commercial recycling of fluid issued pursuant to this division
					 shall be valid issued for a term of not more than two years. Permits issued
					 pursuant to this division may be renewed, but are not transferable to another
					 operator without the written approval of the director.
(b) A permit issued pursuant to this division
					 shall require that, prior to operating, off-lease commercial recycling of fluid
					 comply with the financial security requirements of Texas Natural Resources
					 Code, §
											RSA
					 91.109, relating to Financial Security for
					 Persons Involved in Activities Other than Operation of Wells, as implemented by
					 §
											RSA
					 3.78 of this title (relating to Fees and
					 Financial Security Requirements).
(c) A permit for off-lease commercial
					 recycling of fluid shall include a condition requiring that the permittee
					 notify the surface owner of the tract upon which recycling will take place and
					 the appropriate Commission district office before recycling operations commence
					 on each tract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.272 - Minimum Permit Provisions for Siting

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for off-lease commercial
					 recycling of fluid may be issued only if the director or the Commission
					 determines that the facility is to be located in an area where there is no
					 unreasonable risk of pollution or threat to public health or safety.
(b) Off-lease commercial recycling of fluid
					 permitted pursuant to this division and after the effective date of this
					 division shall not be located:
(1) within a
					 100-year flood plain, in a streambed, or in a sensitive area as defined by
					 §
												RSA
					 3.91 of this title (relating to Cleanup of
					 Soil Contaminated by a Crude Oil Spill); or
(2) within 150 feet of surface water or
					 public, domestic, or irrigation water wells.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.273 - Minimum Permit Provisions for Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit issued pursuant to this division
					 shall contain any requirement that the director or the Commission determines to
					 be reasonably necessary to ensure that:
(1)
					 the design and construction of storage areas, containment dikes, and processing
					 areas minimize contact of oil and gas waste and partially recycled waste with
					 the ground surface, and prevent pollution of surface and subsurface
					 water;
(2) the pollution of surface
					 and subsurface water from spills, leachate, and/or discharges from the facility
					 is prevented by:
(A) prohibiting the
					 unauthorized discharge of oil and gas waste and other substances or materials,
					 including contaminated storm water runoff, from the facility to the land
					 surface at and adjacent to the facility or to surface and subsurface
					 water;
(B) requiring that the
					 permittee control spills at the facility; and
(C) requiring that the permittee make regular
					 inspections of the facility; and
(3) the design and construction of the
					 facility allows for monitoring for, and detection of, any migration of oil and
					 gas waste or other substance or material from the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.274 - Minimum Permit Provisions for Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for off-lease commercial
					 recycling of fluid issued pursuant to this division shall contain requirements
					 the Commission determines to be reasonably necessary to ensure that:
(1) only wastes and other materials
					 authorized by the permit are received at the facility, including requirements
					 that the permittee test incoming oil and gas waste and keep records of amounts
					 and sources of incoming wastes; and
(2) the processing operation and resulting
					 recyclable product meet the environmental and engineering standards established
					 in the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.275 - Minimum Permit Provisions for Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for off-lease commercial
					 recycling fluid issued pursuant to this division shall include monitoring
					 requirements the director or Commission determines to be reasonably necessary
					 to ensure that the recyclable product meets the environmental and engineering
					 standards established by the director or the Commission and included in the
					 permit.
(b) A permit under this
					 division for use of the treated fluid for any purpose other than re-use as
					 makeup water for hydraulic fracturing fluids to be used in other wells may
					 require laboratory testing. A permit that requires laboratory testing shall
					 require that the permittee use an independent third party laboratory to analyze
					 a minimum standard volume of partially treated waste for parameters established
					 in this division or in a permit issued by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.276 - Minimum Permit Provisions for Closure

Current through Reg. 49, No. 28; July 12, 2024
A permit for off-lease commercial recycling fluid issued
						pursuant to this division shall include closure standards and any requirement
						reasonably necessary to ensure that the permittee can meet the standards. The
						Commission shall determine the closure standards for a particular facility
						based on the type of materials stored, handled and treated at the facility, and
						the design and construction of the facility. A permit may include requirements
						for removal of all waste, partially treated waste, and recyclable product;
						removal of dikes, storage, liners, and equipment; recontouring of the land;
						collection and analyzing of soil and groundwater samples from the facility
						property; and post-closure monitoring.