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 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID › Section 4.277 - 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. The
						application for renewal of an existing permit issued pursuant to this division
						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
						4.262 of this title (relating to General
						Permit Application Requirements for Off-Lease Commercial Recycling of Fluid),
						and the notice requirements of §
											RSA 4.270 of
						this title (relating to Notice). The director may require the applicant to
						comply with any of the requirements of §§
											RSA
						4.263-
						RSA
						4.269 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.278 - General Permit Application Requirements for a Stationary Commercial Fluid Recycling Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 application for a permit for a stationary commercial fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.279 - 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 fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.280 - Minimum Siting Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial fluid
						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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.281 - Minimum Real Property Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 permit application for a stationary commercial fluid 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 fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.282 - Minimum Design and Construction Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit application for a stationary
					 commercial fluid 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, tanks, silos, monitor wells,
					 dikes, fences, and access roads.
(b) A permit application for a commercial
					 fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.283 - Minimum Operating Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial fluid
						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 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.284 - Minimum Monitoring Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for a stationary commercial fluid
						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 a commercial fluid recycling 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.285 - Minimum Closure Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 application for a stationary commercial fluid 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; and
(4) contour and reseed disturbed
					 areas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.286 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 applicant for a stationary commercial fluid 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 Stationary Commercial Fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.287 - General Permit Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 for a stationary commercial fluid recycling facility issued pursuant to this
					 division shall be valid 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 issued pursuant to this division
					 shall require that, prior to operating, the facility shall 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
					 fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.288 - Minimum Permit Provisions for Siting

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a stationary commercial
					 fluid 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 fluid recycling
					 facility permitted pursuant to this division and after the effective date of
					 this division shall not be located within a 100-year flood plain.
(c) Factors that the Commission will consider
					 in assessing potential risk from a stationary commercial fluid recycling
					 facility include:
(1) the volume and
					 characteristics of the oil and gas waste, partially treated waste and
					 recyclable product to be stored, handled, treated and recycled at the
					 facility;
(2) surface
					 water;
(3) depth to and quality of
					 the shallowest groundwater;
(4)
					 distance to the nearest property line or public road;
(5) proximity to coastal natural resources,
					 sensitive areas as defined by §
												RSA
					 3.91 of this title (relating to Cleanup of
					 Soil Contaminated by a Crude Oil Spill), or water supplies, and/or public,
					 domestic, or irrigation water wells; and
(6) any other factors the Commission deems
					 reasonably necessary in determining whether or not issuance of the permit will
					 pose an unreasonable risk.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.289 - 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 fluid 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
					 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.290 - Minimum Permit Provisions for Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a stationary commercial
					 fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.291 - Minimum Permit Provisions for Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit issued for a stationary
					 commercial fluid recycling facility pursuant to this division shall include
					 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 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.292 - Minimum Permit Provisions for Closure

Current through Reg. 49, No. 28; July 12, 2024
A permit for a stationary commercial fluid 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 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID › Section 4.293 - 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
						4.278 of this title (relating to General
						Permit Application Requirements for a Stationary Commercial Fluid Recycling
						Facility), and the notice requirements of §
											RSA 4.286 of
						this title (relating to Notice). The director may require the applicant to
						comply with any of the requirements of §§
											RSA
						4.279-
						RSA
						4.285 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 D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the voluntary cleanup program is to provide
					 an incentive to clean up property contaminated by activities under Railroad
					 Commission jurisdiction by removing the liability to the state of lenders,
					 developers, owners, and operators who did not cause or contribute to
					 contamination released at the site. The program is restricted to voluntary
					 actions but does not replace other voluntary actions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.405 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Applicant--A person who
				  is eligible to participate in the voluntary cleanup program and who submits the
				  required forms, information, and fee for doing so.
(2) Assistant director--The administrative
				  head of the Site Remediation Section.
(3) Certificate of completion--The document
				  executed by the Commission upon satisfactory completion of obligations under a
				  Voluntary Cleanup Agreement.
(4)
				  Completion--The cleanup of a site to the point that no more response actions
				  are necessary.
(5) Commission--The
				  Railroad Commission of Texas, the director of the Oil and Gas Division, or a
				  staff delegate of the division director.
(6) Conditional certificate of
				  completion--The document executed by the Commission upon a participant's
				  satisfactory conditional completion of obligations under a Voluntary Cleanup
				  Agreement.
(7) Conditional
				  completion--The cleanup of a site to the point that further response actions
				  are limited to maintenance of engineering or institutional controls and/or the
				  continued successful operation of long-term remediation systems.
(8) Contaminant--A waste, pollutant, or other
				  substance or material regulated by or that results from an activity under the
				  jurisdiction of the Commission under Texas Natural Resources Code, Chapters 91
				  or 141, or the Texas Water Code.
(9) Division--The Oil and Gas Division of the
				  Commission.
(10) Eligible
				  applicant--An applicant who did not cause or contribute to the contaminants on
				  the site that is the subject of the voluntary cleanup agreement and whose
				  application the Site Remediation Section has accepted.
(11) Participant--An eligible applicant with
				  whom the Commission has entered into a voluntary cleanup agreement.
(12) Response action--The control, cleanup,
				  or removal of a contaminant from the environment.
(13) Responsible person--Any operator or
				  other person required by law, rules of the Commission, or a valid order of the
				  Commission to control or clean up the oil and gas wastes or other substances or
				  materials.
(14) Site Remediation
				  Section--Those Commission staff, individually or collectively, who are employed
				  in the Site Remediation Section, or its successor, of the Oil and Gas
				  Division.
(15) Voluntary cleanup--A
				  response action taken under and in compliance with this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.410 - Eligibility for the Voluntary Cleanup Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Any site that is contaminated with a
				  contaminant is eligible for participation in the voluntary cleanup program
				  except the portion of a site that is the subject of a Commission order to
				  control or clean up the contaminants. On application from an eligible
				  applicant, the Commission may dismiss an order that would otherwise render a
				  site or portion of a site ineligible for the program.
(b) Any person who is not a responsible
				  person as that term is defined in §
										RSA
				  4.405<subdiv>(13)</subdiv> of
				  this title (relating to Definitions) is eligible to participate in the
				  voluntary cleanup program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.415 - Application to Participate in the Voluntary Cleanup Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A person applying to participate in the
				  voluntary cleanup program shall submit to the Site Remediation Section an
				  application to participate in the voluntary cleanup program and an application
				  fee as required by subsection (b) of this section.
(b) A person submitting an application to
				  participate in the voluntary cleanup program shall:
(1) use the application form provided by the
				  Commission;
(2) provide the
				  following information:
(A) general
				  information concerning:
(i) the applicant and
				  the applicant's capability, including the applicant's financial capability, to
				  perform the voluntary cleanup;
(ii)
				  the site; and
(iii) the names,
				  addresses, and telephone numbers of all surface and mineral owners and mineral
				  operators of property where the contamination came to be located;
(B) other background information
				  requested by the Site Remediation Section based on the particular circumstances
				  of the site in question;
(C) an
				  environmental assessment of the actual or threatened release of the contaminant
				  or contaminants at the site that includes, at a minimum, the information set
				  forth in subsection (c) of this section; and
(D) if the applicant is not the surface owner
				  of the site, written authorization from all surface owners of the site agreeing
				  to the applicant's participation in the program;
(3) submit the application fee of $1,000;
				  and
(4) follow any schedule set by
				  the Site Remediation Section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.420 - Acceptance or Rejection of an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The Site Remediation Section shall
				  process applications in the order in which they are received.
(b) The Commission may accept an application
				  if it:
(1) is submitted by a person eligible
				  to participate in the program, pursuant to §
											RSA
				  4.410<subdiv>(b)</subdiv> of this
				  title (relating to Eligibility for the Voluntary Cleanup Program);
(2) pertains to an eligible site, pursuant to
				  §
											RSA
				  4.410<subdiv>(a)</subdiv> of this
				  title;
(3) includes all of the
				  information required by §
											RSA
				  4.415 of this title (relating to Application
				  to Participate in the Voluntary Cleanup Program), provided the information does
				  not indicate that either the person or the site is ineligible;
(4) demonstrates that the applicant has the
				  financial capability to pay for all costs of the response action, including but
				  not limited to the direct costs of the response action and the reasonable costs
				  attributable to the oversight of the response action likely to be incurred by
				  the Commission;
(5) includes
				  written authorization from all surface owners of the site agreeing to the
				  applicant's participation in the program, or proof that the applicant is the
				  surface owner of the site; and
(6)
				  includes the application fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.425 - Voluntary Cleanup Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before the Site Remediation Section evaluates any plan or report detailing the
				  cleanup goals and proposed response action methods, the eligible applicant
				  shall enter into a voluntary cleanup agreement with the Commission that sets
				  forth the terms and conditions of the evaluation of the reports and the
				  implementation of work plans.
(b) A
				  voluntary cleanup agreement shall:
(1)
				  include provisions by which the participant commits to pay the Commission all
				  reasonable costs:
(A) incurred by the
				  Commission for review and oversight of the participant's work plan and reports
				  and for the Commission's field activities;
(B) attributable to the voluntary cleanup
				  agreement including direct and indirect costs of overhead, salaries, equipment,
				  utilities, and legal, management, and support costs; and
(C) that exceed the amount of the application
				  fee submitted to the Commission by the applicant as required by §
												RSA
				  4.415 of this title (relating to Application
				  to Participate in the Voluntary Cleanup Program);
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.430 - Termination of Agreement and Cost Recovery

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time and for any reason, either
				  the Commission or the participant may terminate a voluntary cleanup agreement
				  by giving to the other written notice 15 days prior to the stated termination
				  date. The participant shall pay and the Commission shall recover only those
				  costs incurred or obligated by the Commission before notice of termination of
				  becomes effective. The Commission shall retain the application fee.
(b) Termination of the agreement does not
				  affect any right the Commission has under other law to recover its costs. The
				  Commission shall not issue a certificate of completion to a participant in a
				  voluntary cleanup agreement that is terminated.
(c) If the participant does not pay to the
				  Commission the Commission's costs under a voluntary cleanup agreement before
				  the 31st day after the date the person receives notice that the costs are due
				  and owing, the Commission may request that the attorney general bring an action
				  in the name of the state in Travis County to recover the amount owed plus
				  reasonable legal expenses, including attorneys' fees, witness costs, court
				  costs, and deposition costs, pursuant to Texas Natural Resources Code, §
										RSA
				  91.657<subdiv>(c)</subdiv>.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.435 - Voluntary Cleanup Work Plans and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) After signing a voluntary cleanup
				  agreement, the participant shall prepare and submit to the Site Remediation
				  Section the work plans and reports required by the agreement.
(b) The Site Remediation Section shall review
				  and evaluate the work plans and reports for accuracy, quality, and
				  completeness. The Site Remediation Section may approve or not approve a
				  voluntary cleanup work plan or report. If the Site Remediation Section does not
				  approve a work plan or report, the Site Remediation Section shall, within the
				  deadline established by the Voluntary Cleanup Agreement, notify the participant
				  of the specific additional information or commitments needed to obtain
				  approval.
(c) At any time during
				  the evaluation of a work plan or report, the Site Remediation Section may
				  request additional or corrected information.
(d) After considering future land use, the
				  Site Remediation Section may approve work plans and reports submitted under
				  this section that do not require cleanup or removal of all contaminants at a
				  site if the partial response actions for the property:
(1) will be completed in a manner that
				  protects human health and the environment;
(2) will not cause, contribute, or exacerbate
				  discharges, releases, or threatened releases that are not required to be
				  cleaned up or removed under the work plan; and
(3) will not interfere with or substantially
				  increase the cost of response actions to address any remaining
				  contaminants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.440 - Certificate of Completion and Conditional Certificate of Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Site
				  Remediation Section determines that a participant has completed a voluntary
				  cleanup approved under this subchapter, the Commission shall certify that the
				  action has been completed by issuing the participant a certificate of
				  completion.
(b) The certificate of
				  completion shall:
(1) acknowledge the
				  protection from liability provided by §
											RSA
				  4.445 of this title (relating to Persons
				  Released from Liability);
(2)
				  indicate the proposed future land use;
(3) include a legal description of the site
				  and the names of the site's surface and mineral owners and mineral operators at
				  the time the application to participate in the voluntary cleanup program was
				  filed; and
(4) include an Affidavit
				  of Completion on a form prescribed by the Commission. The affidavit of
				  completion is a sworn statement made by the participant that is attached to and
				  becomes part of the certificate of completion issued by the Commission. The
				  affidavit shall:
(A) identify the site and
				  its surface and mineral owners and mineral operators;
(B) identify the response actions performed
				  including, if appropriate, any reliance on engineering or institutional
				  controls;
(C) declare that the
				  degree of inquiry used in determining the appropriate response actions, the
				  response actions, and reporting were consistent with industry standards;
				  and
(D) state that the certificate
				  of completion has not been acquired by fraud, misrepresentation, or knowing
				  failure to disclose material information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.445 - Persons Released from Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who is not a responsible person, as that term is defined in §
										RSA 4.405
				  of this title (relating to Definitions), at the time the person applies to
				  participate in a voluntary cleanup does not become a responsible person solely
				  because the person signs the application or the voluntary cleanup
				  agreement.
(b) A participant who is
				  not a responsible person at the time the Commission issues a certificate of
				  completion under §
										RSA
				  4.440 of this title (relating to Certificate
				  of Completion and Conditional Certificate of Completion) is released, as of the
				  date of the certificate, from all liability to the state for cleanup of
				  contaminants specified in the voluntary cleanup agreement for areas of the site
				  covered by the certificate, except for releases and consequences that the
				  participant causes.
(c) The release
				  from liability provided by this subchapter does not apply to a person who:
(1) caused or contributed to the
				  contamination at the site covered by the certificate;
(2) acquires a certificate of completion by
				  fraud, misrepresentation, or knowing failure to disclose material
				  information;
(3) knows at the time
				  the person acquires an interest in the site for which the certificate of
				  completion was issued that the certificate was acquired by fraud,
				  misrepresentation, or knowing failure to disclose material information;
				  or
(4) changes the land use from
				  the use specified in the certificate of completion if the new use may result in
				  increased risks to human health or the environment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter D - RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM › Section 4.450 - Federal, State, or Local Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  state or local permit is not required for a voluntary cleanup under this
				  subchapter. A participant shall coordinate a voluntary cleanup with ongoing
				  federal and state waste programs.
(b) Any participant conducting a voluntary
				  cleanup shall comply with any state or federal standard, requirement,
				  criterion, or limitation to which the response action would otherwise be
				  subject if a state or federal permit were required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter F - OIL AND GAS NORM › Section 4.601 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  establishes requirements for the identification of equipment contaminated with
				  oil and gas Naturally Occurring Radioactive Material (NORM), and the disposal
				  of oil and gas NORM waste for the purpose of protecting public health, safety,
				  and the environment.
(b) The
				  provisions of this subchapter do not supersede other Commission regulations
				  relating to oil and gas waste management, including disposal.
(c) The provisions of this subchapter do not
				  supercede the applicable rules of the Texas Department of Health (TDH),
				  including but not limited to 25 TAC §
										RSA
				  289.202(relating to Standards for Protection
				  Against Radiation from Radioactive Material) and 25 TAC §
										RSA
				  289.259(relating to Licensing of Naturally
				  Occurring Radioactive Material (NORM)).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter F - OIL AND GAS NORM › Section 4.602 - Exclusions and Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Exclusions.
				  Activities involving the recycling of oil and gas NORM waste; the
				  decontamination of equipment and facilities that are contaminated with oil and
				  gas NORM waste as a result of activities other than disposal of oil and gas
				  NORM waste; the possession, use, transfer, transport, and/or storage of oil and
				  gas NORM waste; and worker protection standards associated with such activities
				  are under the jurisdiction of the TDH.
(b) Exemptions. The following activities are
				  exempt from the requirements of this subchapter:
(1) disposal of produced water by injection
				  into a well permitted under §
											RSA 3.9
				  of this title (relating to Disposal Wells) or §
											RSA
				  3.46 of this title (relating to Fluid
				  Injection into Productive Reservoirs);
(2) disposal of produced water by discharge
				  to surface waters and in accordance with a discharge permit issued under §
											RSA
				  3.8 of this title (relating to Water
				  Protection); and
(3) disposal of
				  equipment that has been decontaminated in accordance with a license issued by
				  the TDH and that meets the exemption criteria of 25 TAC §
											RSA
				  289.259<subdiv>(d)</subdiv>
				  (relating to Licensing of Naturally Occurring Radioactive Material
				  (NORM)).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter F - OIL AND GAS NORM › Section 4.603 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Background
				  radiation--Radiation at the ground surface from:
(A) cosmic sources;
(B) non-technologically enhanced naturally
				  occurring radioactive material, including radon, except as a decay product of
				  source or special nuclear material; or
(C) global fallout as it exists in the
				  environment from the testing of nuclear explosive devices. "Background
				  radiation" does not include sources of radiation from radioactive materials
				  regulated by the TDH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter F - OIL AND GAS NORM › Section 4.605 - Identification of Equipment Contaminated with NORM

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, within two years of the effective date of this rule, each person
				  who owns or operates equipment used for production or disposal including each
				  person who owns or operates equipment associated with a commercial facility, as
				  defined in §3.78 (relating to Fees and Financial Security Requirements),
				  shall identify NORM-contaminated equipment with the letters "NORM" by securely
				  attaching a clearly visible waterproof tag or marking with a legible waterproof
				  paint or ink. Employers whose employees speak languages other than English may
				  add to the tag the translation of the acronym "NORM" in those languages as long
				  as the acronym "NORM" is also on the tag.
(b) Within six months of the effective date
				  of this rule, each person whom the Commission has notified that the person owns
				  or operates NORM-contaminated equipment shall, on each lease that is the
				  subject of the Commission notice, identify NORM-contaminated equipment with the
				  letters "NORM" by securely attaching a clearly visible waterproof tag or
				  marking with a legible waterproof paint or ink. Employers whose employees speak
				  languages other than English may add to the tag the translation of the acronym
				  "NORM" in those languages as long as the acronym "NORM" is also on the
				  tag.
(c) For an interconnected
				  equipment system such as a wellhead, flowline, or facility piping system, the
				  owner or operator of the system may identify the system as a whole with tags or
				  markings that provide notice to workers on that system that the equipment in
				  the system may be NORM-contaminated. The owner or operator shall identify
				  NORM-contaminated equipment that is removed from an interconnected equipment
				  system:
(1) as individual pieces of equipment
				  as provided in subsection (a) of this section, or
(2) as groups of equipment that are kept in a
				  common container or are wrapped, bound or tied securely together. Grouped
				  equipment shall be tagged or marked to provide notice that any piece of
				  equipment in the group may be NORM-contaminated.