Texas Railroad Commission opens doors for public comment on changes to oil and gas permits and environmental regulations

AUSTIN, Texas (KAMR/KCIT) – The Railroad Commission of Texas has announced the first revision of its waste management regulations in 40 years. The new proposed regulations focus on oil and gas waste management, environmental protection and pipeline safety regulations and are open for public comment through the end of September.

According to the RRC, the new proposed rule changes consider groundwater protection as an important factor and adapt historical rules to reflect technological advances in the energy industry’s resource development. The changes also affect waste from oil and gas operations, but also operations such as geothermal, carbon sequestration and brine extraction.

In addition, the proposed regulations update requirements for the design, construction, operation, monitoring, and closure of waste disposal facilities and aim to improve the RRC’s ability to collect and track data on oilfield waste transported throughout the state. The proposed regulations also give Texas residents more time to appeal applications for waste disposal permits and work to codify informal RRC policies to clarify how waste disposal facility regulations are enforced.

“This proposed rule reflects the hard work and dedication of the agency’s staff and stakeholders on this important rule,” said Chair Christi Craddick. “I am grateful to Commissioner Wright for his leadership on this important matter and look forward to considering public input as we work toward final adoption of our waste regulation changes.”

The RRC noted that it has also set up a team to deal with environmental permit compliance, which will review reports and inspections of waste management facilities and follow up on those audits to correct any problems. However, the RRC’s announcement did not disclose the size of that team, its headquarters or daily work details.

“Today’s draft regulation represents an important step forward in the Railroad Commission’s expectations for waste management practices,” said Commissioner Jim Wright. “It has been 40 years since the Commission last made a significant update to this regulation, and today’s proposal is a recognition that there have been significant changes in technology and industry practices currently in use. I thank the Railroad Commission staff for their tireless work on behalf of our state, and I look forward to considering public feedback on this important issue as we work toward final adoption.”

The proposed rules can be found here on the RRC website. Public comments on the following topics approved on August 15 are open until September 30:

As detailed by the RRC, changes to the regulations related to permitting and safety regulations are intended to align the regulations with federal requirements, remove dates that are no longer applicable, and add a process for filing Form T-4B for pipeline transfers. The adjustments also include aligning with Pipeline and Hazardous Materials Safety Administration standards (such as adding regulations for “Type C” facilities that were previously unregulated), clarifying regulations that RRC staff regularly receives questions about, and clarifying how pipeline operators should report and file various activities with the RRC.

The RRC further explained that other new rules and various rule changes will include updating the Water Conservation Rules to align with statutory changes made by the Texas Legislature. The changes and proposed new rules would also address statutory requirements and update rules related to commercial recycling.

The RRC noted that the Texas Legislature had directed the RRC to encourage the recycling of liquid oil and gas waste and had established the Texas Produced Water Consortium to make recommendations on issues related to this potential recycling. The proposed rules for the RRC addressed these developments and also adopted rules for permissible locations for pits used by commercial oil and gas disposal facilities and added criteria for the beneficial use of recycled drill cuttings.

These proposed rule changes come after the RRC has come under increasing scrutiny in recent years. Texas residents and emergency officials have criticized gaps in regulation and enforcement that contribute to environmental and community problems such as wildfires, groundwater and surface contamination from orphaned or unmonitored wells and day-to-day operations, and also place additional strain on the state’s dwindling water supply. However, it remains to be seen to what extent or how effectively these problems can be alleviated by the proposed rule changes, or whether other recently proposed rule changes will be addressed as the next legislative session begins.