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 1 - GENERAL; DEFINITIONS › Section 4.204 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless a word or term is defined differently in this
						section, the definitions in §
											RSA
						3.8 of this title (relating to Water
						Protection), §
											RSA
						3.98 of this title (relating to Standards for
						Management of Hazardous Oil and Gas Waste), and §
											RSA 4.603
						of this title (relating to Definitions), shall apply in this subchapter. In
						addition, the following words and terms when used in this subchapter shall have
						the following meanings, unless the context clearly indicates otherwise:
(1) 100-year flood plain--An area that is
					 inundated by a 100-year flood, which is a flood that has a one percent or
					 greater chance of occurring in any given year.
(2) Adjoining--Every tract of property
					 surrounding the tract of property upon which the activity sought to be
					 permitted will occur, including those tracts that meet only at a corner
					 point.
(3) Commercial recycling
					 facility--A facility whose owner or operator receives compensation from others
					 for the storage, handling, treatment, and recycling of oil and gas wastes and
					 the primary business purpose of the facility is to provide these services for
					 compensation, whether from the generator of the waste, another receiver, or the
					 purchaser of the recyclable product produced at the facility. Includes
					 recycling of solid oil and gas wastes on or off lease. Does not include
					 non-commercial fluid recycling as defined in §
											RSA
					 3.8 of this title.
(4) Commission--The Railroad Commission of
					 Texas.
(5) Director--The director
					 of the Commission's Oil and Gas Division or the director's delegate.
(6) EPA Method 1312, Synthetic Precipitation
					 Leaching Procedure (SPLP)--An analytical method used to evaluate the potential
					 for leaching of metals and/or benzene into surface and subsurface
					 water.
(7) Legitimate commercial
					 use--Use or reuse of a recyclable product as authorized or defined in a permit
					 issued pursuant to this subchapter:
(A) as an
					 effective substitute for a commercial product or as an ingredient to make a
					 commercial product; or
(B) as a
					 replacement for a product or material that otherwise would have been purchased;
					 and
(C) in a manner that does not
					 constitute disposal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.205 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
Except for the requirements related to financial security
						found in §§4.239(b), 4.255(b), 4.271(b), and 4.287(b) of this title;
						the notice requirements found in §§
											RSA 4.238,
						RSA 4.254,
						RSA 4.270, and
						RSA 4.286 of
						this title; and the requirements related to sampling and analysis found in
						§§
											RSA
						4.221,
						RSA
						4.222,
						RSA
						4.223,
						RSA
						4.242,
						RSA
						4.243,
						RSA
						4.258,
						RSA
						4.259,
						RSA
						4.274,
						RSA
						4.275,
						RSA
						4.290, and
						RSA
						4.291 of this title, an applicant or
						permittee may request an exception to the provisions of this subchapter by
						submitting to the director a written request and demonstrating that the
						requested alternative is at least equivalent in the protection of public health
						and safety, and the environment, as the provision of this subchapter to which
						the exception is requested. The director shall review each written request on a
						case-by-case basis. If the director denies a request for an exception, the
						applicant or permittee may request a hearing consistent with the hearing
						provisions of this subchapter relating to hearings requests but may not use the
						requested alternative until the alternative is approved 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 1 - GENERAL; DEFINITIONS › Section 4.206 - Administrative Decision on Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Commission does not receive a
					 protest to an application submitted under this subchapter, the director may
					 administratively approve the application if the application otherwise complies
					 with the requirements of this subchapter.
(b) The director may administratively deny
					 the application if it does not meet the requirements of this subchapter or
					 other laws, rules, or orders of the Commission. The director shall provide the
					 applicant written notice of the basis for administrative denial.
(c) The applicant may request a hearing upon
					 receipt of notice of administrative denial. A request for hearing shall be made
					 to the director within 30 days of the date on the notice of administrative
					 denial. If the director receives a request for a hearing, the director shall
					 refer the matter to the Office of General Counsel for assignment of a hearings
					 examiner who shall conduct the hearing in accordance with Chapter 1 of this
					 title (relating to Practice and Procedure).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.207 - Protests and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
					 who receives notice or other affected person files a proper protest with the
					 Commission, the director shall give the applicant written notice of the protest
					 and of the applicant's right to either request a hearing on the application or
					 withdraw the application. The applicant shall have 30 days from the date of the
					 director's notice to respond, in writing, by either requesting a hearing or
					 withdrawing the application. In the absence of a timely written response from
					 the applicant, the director shall consider the application to have been
					 withdrawn.
(b) Even if there is no
					 protest filed, the director may refer an application to a hearing if the
					 director determines that a hearing is in the public interest. In determining
					 whether a hearing is in the public interest, the director will consider the
					 characteristics and volume of oil and gas waste to be stored, handled and
					 treated at the facility; the potential risk posed to surface and subsurface
					 water; and any other factor identified in this subchapter relating to siting,
					 construction, and operation of the facility.
(c) Before a hearing on a permit application
					 for a commercial recycling facility, the Commission shall provide notice of the
					 hearing to all affected persons, and other persons or governmental entities who
					 express, in writing, an interest in the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.208 - General Standards for Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for a commercial recycling
					 facility issued pursuant to this subchapter shall provide that the facility may
					 only receive, store, handle, treat, or recycle waste:
(1) under the jurisdiction of the
					 Commission;
(2) that is not a
					 hazardous waste as defined by the administrator of the Environmental Protection
					 Agency pursuant to the federal Solid Waste Disposal Act, as amended
					 (42 United States Code,
					 §6901, et seq.); and
(3) that is not oil and gas naturally
					 occurring radioactive (NORM) waste as defined in §
												RSA 4.603
					 of this title (relating to Definitions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.209 - Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
Permits issued pursuant to this subchapter may be
						renewed, but are not transferable to another operator without the written
						approval of the director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.210 - Modification, Suspension, and Termination

Current through Reg. 49, No. 28; July 12, 2024
A permit granted pursuant to this subchapter may be
						modified, suspended, or terminated by the Commission for good cause after
						notice and opportunity for hearing. A finding of any of the following facts
						shall constitute good cause:
(1)
					 pollution of surface or subsurface water is occurring or is likely to occur as
					 a result of the permitted operations;
(2) waste of oil, gas, or geothermal
					 resources is occurring or is likely to occur as a result of the permitted
					 operations;
(3) the permittee has
					 violated the terms and conditions of the permit or Commission rules;
(4) the permittee misrepresented any material
					 fact during the permit issuance process;
(5) a material change of conditions has
					 occurred in the permitted operations;
(6) the information provided in the
					 application has changed materially; or
(7) the permittee failed to give the notice
					 required by the Commission during the permit issuance or renewal
					 process.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 1 - GENERAL; DEFINITIONS › Section 4.211 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Violations of this subchapter or a permit issued pursuant
						to this subchapter may subject a person to penalties and remedies specified in
						the Texas Natural Resources Code, Title 3, and any other statutes or rules
						administered 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.212 - General Permit Application Requirements for On-Lease Commercial Solid Oil and Gas Waste Recycling Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 application for a permit for on-lease solid oil and gas waste commercial
					 recycling 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; telephone number; and
					 facsimile transmission (fax) number; and the name of a contact
					 person.
(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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.213 - Minimum Engineering and Geologic Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may require a permit
					 applicant for on-lease commercial solid oil and gas waste recycling to provide
					 the Commission with engineering, 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 work products prepared by the
					 applicant shall be sealed by a registered engineer as required by the Texas
					 Occupations Code, Chapter 1001.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.214 - Minimum Design and Construction Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for on-lease commercial solid oil
						and gas waste recycling shall include:
(1) the typical layout and design of
					 receiving, processing, and storage areas and all equipment (e.g., pug mill),
					 tanks, silos, and dikes.
(2) 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;
(3) a map view and two
					 perpendicular cross-sectional views of typical 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 wastes during wet weather,
					 including the location and dimensions of dikes and/or storage basins that would
					 collect storm water 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.215 - Minimum Operating Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for on-lease commercial solid oil
						and gas waste recycling shall include the following operating
						information:
(1) a list of Commission
					 districts for which the applicant seeks authority for on-lease commercial solid
					 oil and gas waste recycling;
(2)
					 the estimated maximum volume of untreated oil and gas waste and partially
					 treated oil and gas waste to be stored;
(3) the estimated maximum volume and time
					 that the recyclable product will be stored;
(4) a general description of the recycling
					 process to be employed; a flow diagram showing the process and identifying all
					 equipment and chemicals or additives (e.g., asphalt emulsion, quicklime,
					 Portland cement, fly ash, etc.) to be used in the process; and the Material
					 Safety Data Sheets for any chemical or additive;
(5) a description of all inert material
					 (e.g., brick, rock, gravel, caliche) to be stored and used as aggregate in the
					 treatment process; and
(6) a
					 description of any testing to be performed to demonstrate that the proposed
					 processing will result in a recyclable product that meets the engineering and
					 environmental standards for the proposed use.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.216 - Minimum Monitoring Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for on-lease commercial solid oil
						and gas waste recycling shall include:
(1) a sampling plan for the partially treated
					 waste to ensure compliance with permit conditions; and
(2) 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.217 - Minimum Closure Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for on-lease commercial solid oil
						and gas waste recycling shall include a detailed plan for closure of the site
						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 site;
(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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.218 - General Permit Provisions for On-Lease Commercial Solid Oil and Gas Waste Recycling

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 for on-lease commercial solid oil and gas waste recycling issued pursuant to
					 this division shall specify the Commission districts within which recycling is
					 authorized, shall be valid issued for a term of not more than five years, and
					 shall authorize operations at any one lease for no more than one year. Permits
					 issued pursuant to this division may be renewed, but are not transferable to
					 another operator without the written approval of the director. Any request for
					 transfer of this permit should be filed with the Oil and Gas Division in Austin
					 at least 60 days before the permittee wishes the transfer to take
					 place.
(b) A permit for on-lease
					 commercial solid oil and gas waste recycling shall include a condition
					 requiring that the permittee obtain written permission from the surface owner
					 of the lease upon which recycling will take place and notify the appropriate
					 Commission district office 72 hours before operations commence on each
					 lease.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.219 - Minimum Permit Provisions for Siting

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for on-lease commercial solid
					 oil and gas waste recycling may be issued only if the director or the
					 Commission determines that the operations will pose no unreasonable risk of
					 pollution or threat to public health or safety.
(b) On-lease commercial solid oil and gas
					 waste recycling 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.220 - 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 on-lease commercial solid oil and gas waste recycling 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, 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; 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 4 - ENVIRONMENTAL PROTECTION › Subchapter B - COMMERCIAL RECYCLING › Division 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.221 - Minimum Permit Provisions for Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for on-lease commercial solid
					 oil and gas waste recycling 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 generated on-lease, including requirements that the
					 permittee test incoming oil and gas waste and keep records of amounts of
					 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.222 - Minimum Permit Provisions for Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for on-lease commercial solid
					 oil and gas waste recycling 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 on-lease commercial solid oil and gas waste
					 recycling 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;
					 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.223 - Minimum Permit Provisions for Closure

Current through Reg. 49, No. 28; July 12, 2024
A permit for on-lease commercial solid oil and gas waste
						recycling issued pursuant to this subchapter 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.
						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; 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 2 - REQUIREMENTS FOR ON-LEASE COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.224 - 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 for renewal shall include details of proposed changes or shall
						state that there are no changes proposed that would require amendment of the
						permit other than the expiration date.
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 4.230 - General Permit Application Requirements for Off-Lease or Centralized Commercial Solid Oil and Gas Waste Recycling

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 application for a permit for off-lease or centralized commercial solid oil and
					 gas waste recycling 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.
(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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.231 - 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 or centralized commercial solid oil and gas waste
					 recycling 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.232 - Minimum Siting Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease or centralized
						commercial solid oil and gas waste recycling 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.233 - Minimum Real Property Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 permit application for off-lease or centralized commercial solid oil and gas
					 waste recycling 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 or centralized commercial solid oil and gas waste recycling 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.234 - Minimum Design and Construction Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit application for an off-lease or
					 centralized 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 an off-lease or centralized 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) if the application is for a stationary
					 commercial recycling facility, 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.235 - Minimum Operating Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease or centralized
						commercial solid oil and gas waste recycling 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,
					 hydraulic fracturing flowback fluid, produced water, 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.236 - Minimum Monitoring Information

Current through Reg. 49, No. 28; July 12, 2024
A permit application for off-lease or centralized
						commercial solid oil and gas waste recycling 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 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.237 - Minimum Closure Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 application for off-lease or centralized commercial solid oil and gas waste
					 recycling 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.238 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 applicant for off-lease or centralized commercial solid oil and gas waste
					 recycling 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 fence
					 line or edge of the facility as shown on the plat required under §
													RSA
					 4.233<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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.239 - General Permit Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 for an off-lease or centralized commercial solid oil and gas waste recycling
					 facility 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 for an off-lease centralized commercial solid oil and gas waste
					 recycling facility issued pursuant to this division shall require that, prior
					 to operating, the 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 an off-lease centralized
					 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.
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 4.240 - Minimum Permit Provisions for Siting

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for an off-lease centralized
					 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) An off-lease
					 centralized 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 within a 100-year flood plain.
(c) Factors that the Commission will consider
					 in assessing potential risk from an off-lease centralized commercial solid oil
					 and gas waste 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.241 - 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 an off-lease centralized 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
					 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.242 - Minimum Permit Provisions for Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for an off-lease centralized
					 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 3 - REQUIREMENTS FOR OFF-LEASE OR CENTRALIZED COMMERCIAL SOLID OIL AND GAS WASTE RECYCLING › Section 4.243 - Minimum Permit Provisions for Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit for an off-lease centralized
					 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 an off-lease centralized 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.