Texas Railroad Commission opens oil and gas permit, environmental protection rule changes for public comment

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

According to the RRC, the new proposed rule changes consider groundwater protection as a major factor as well as adapting historical rules to technological advancements in the energy industry’s resource development. The amendments also address waste from oil and gas operations but also operations such as geothermal, carbon sequestration and brine mining wells.

Further, the proposed rules update requirements on the design, construction, operation, monitoring and closure of waste management units and aim to improve the RRC’s ability to track and collect data on oilfield waste transported throughout the state. The proposed rules also allow Texas residents more time to protest waste management permit applications and work to codify informal guidance from the RRC to clarify how regulations of waste management facilities are enforced.

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

The RRC noted that it also established a team dedicated to environmental permit compliance, which will review waste management facility reports and inspections and follow up on those reviews to rectify issues, though the RRC announcement did not specify the size of or headquarters and daily operation details for that team.

“Today’s draft rule represents an important step forward with respect to the Railroad Commission’s expectations regarding waste management practices,” said Commissioner Jim Wright. “It has been 40 years since the Commission last made significant updates to this rule, and today’s proposal is an acknowledgment that considerable changes have occurred in terms of technology and industry practices now being utilized. I thank the Railroad Commission staff for their tireless work on behalf of our state and look forward to reviewing the public’s feedback on this important issue as we work towards final adoption.”

The proposed rules can be found here on the RRC website , with public comments open until Sept. 30 on the following topics approved on Aug. 15:

• Oil and gas management procedures , form T-4B and federal updates ;
• Environmental protection regulations ; and
• Pipeline safety regulations .

As detailed by the RRC , changes to the rules focused on permits and safety regulations aim to align the rules with federal requirements, remove dates that no longer apply and add a procedure related to filing the form T-4B for pipeline transfers. The adjustments further include aligning to the federal Pipeline and Hazardous Materials Safety Administration standards (such as adding regulations for “Type C” facilities , which were not previously regulated), clarifying rules that the RRC staff regularly receive questions about, and clarifying how pipeline operators should report and file various activities with the RRC.

The RRC further detailed that other new rules and various rule amendments will include updating water protection rules to align with statutory changes made by the Texas legislature. The amendments and proposed new rules would also incorporate legislative requirements and update rules related to commercial recycling.

The RRC noted that the Texas Legislature directed the RRC to encourage fluid oil and gas waste recycling, and created the Texas Produced Water Consortium to make recommendations on issues related to that potential recycling. The proposed rules for the RRC related to those developments, and also adopt rules governing allowed locations for pits used by commercial oil and gas disposal facilities and adding criteria for beneficial uses of recycled drill cuttings.

These proposed rule changes come as the RRC has faced increased scrutiny in recent years, with Texas residents and emergency officials criticizing regulatory and enforcement gaps as contributing to environmental and community issues like wildfires , groundwater and surface contamination from orphaned or unmonitored wells and day-to-day operations, alongside adding stress to the state’s dwindling water supply . However, it remains to be seen how much or how efficiently those issues may be helped by the proposed rule changes, or if any other recently suggested rule changes will be pursued with the onset of the next legislative session.

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