In 1984, Ronald Reagan secured re-election for the landslide and Apple had the Macintosh installed, but the Texas Railroad Commission (RRC) last updated the state’s major oil and gas waste regulations. Now, 40 years later, the RRC revisits these rules to fit modern industrial practices and growing demand for stronger environmental protection.
Oil and gas extraction methods have evolved dramatically since the 1980s. Hydraulic fracturing and horizontal drilling have caught up in the production boom, significantly increasing both the volume and complexity of the generated waste. This waste includes drilling fluids, crushed chemicals, and produced water. All of these, if wrong, pose serious risks to soil, water, and public health.
Most oil and gas waste are exempt from the federal hazardous waste laws under the Resources Protection and Recovery Act, but the state maintains extensive authority to regulate disposal and control. In Texas, the RRC oversees this responsibility. However, increasing environmental concerns and evolving industry practices have called for regulatory updates and recent revisions to RRC regulations.
Important changes to new rules
New rules, published in the Texas Management Code (TAC) on January 3, 2025, reflect a multi-year effort to modernize waste management by the RRC, promote and expand recycling, and enhance groundwater protection. These changes are intended to balance industry needs with environmental management, but if it comes into effect on July 1, 2025, its effectiveness will depend on implementation and enforcement.
Oil and Gas Waste Pits and Produced Water Recycling Pits (16 TAC § 4.113–114) – The major changes will integrate provisions from Statewide Regulation 8 (Disposal of Oil and Gas Waste) and Regulation 57 (Produced Water Recycling) into new sub-chapters. Important updates include:
Approval of certain pits (e.g., reserve and mud circulation pits) that operate without a specific RRC permit, pit liners, groundwater monitoring, and standard for closure procedures, closure procedures standards, construction standards, closure requirements Produced water recycle Pitts Proloaded water recycle (16 TAC§4.112) – recy of the fif fif int. Operators can recycle water produced for reuse in drilling, hydraulic fracturing and completion operations without the need for an RRC permit. However, specific design, groundwater monitoring and installation requirements must still be met. This change reflects the growing interest in recycling as a solution to mitigate environmental risks, particularly in areas such as the Permian Basin, where concerns about seismic activity are growing.
Transporting Oil and Gas Waste (16 TAC§ 4.190–195) – New regulations introduce enhanced accountability for waste transport. Notable regulations include:
Detailed Manifesto for Waste Characterization Specialist Waste Accreditation, Waste Transporter Records Control, and Improved Notices for Tracking and Compliance Participation should include details regarding the application, protest process, and location of the proposed facility. Notifications must be sent via registered or certified mail, and recipients will have 30 days to protest. If a protest is submitted, the applicant must respond within 30 days. If protests are not received, a permit may be issued. The protest will be given notice to all affected parties, which could lead to a hearing.
Recycled Drill Cuttings (16TAC§4.301-302) – The rules aim to promote the recycling of drill cuttings for beneficial use. Operators must comply with specific treatment and recycling requirements. The committee may approve permission to use drill cuttings that have been processed with commercial products such as leased pads and roads if they meet engineering standards, ensure public safety and avoid water pollution.
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